text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Securing Consumers' Assurance in 
  Moving Act of 2003''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) There are approximately 1,500,000 interstate household 
          moves every year and, while the vast majority of these 
          interstate moves are completed successfully, consumer 
          complaints have been increasing since the Interstate Commerce 
          Commission was abolished in 1996 and oversight of the household 
          goods industry was transferred to the Department of 
          Transportation.
              (2) While the overwhelming majority of household goods 
          carriers are honest and operate within the law, there appears 
          to be a growing criminal element that is exploiting a perceived 
          void in Federal and State enforcement efforts and who prey upon 
          consumers.
              (3) The movement of an individual's household goods is 
          unique from the movement of a commercial shipment. A consumer 
          may utilize a moving company once or twice in his or her 
          lifetime and entrust virtually all of his or her worldly goods 
          to a mover.
              (4) Current Federal regulations allow for a household goods 
          carrier found to be in violation of Federal law to be subject 
          to civil penalties but provide no remedy for consumers who have 
          been harmed by fraudulent or deceptive trade practices of a 
          household goods mover.
              (5) Various courts have interpreted the ``Carmack'' 
          amendment, related to a carrier's liability in loss and damage 
          claims, to preclude States from pursuing any actions against 
          interstate household goods carriers, including the application 
          of consumer protection laws against fraudulent movers.
              (6) Federal resources are inadequate to properly police or 
          deter, on a nationwide basis, those movers who willfully 
          violate Federal regulations governing the household goods 
          industry and knowingly prey on consumers who are in a 
          vulnerable position. It is appropriate that a Federal-State 
          partnership be created to enhance enforcement tools against 
          fraudulent moving companies.
              (7) The Department of Transportation should provide greater 
          information to consumers and review current consumer protection 
          regulations, including insurance and loss and damage remedies 
          relating to individual household goods moves, in order to 
          recommend modifications to current Federal law and regulations 
          relating to rights and liabilities of both consumers and 
          household goods carriers.
  
  SEC. 3. FEDERAL-STATE RELATIONS RELATING TO TRANSPORTATION OF HOUSEHOLD 
                GOODS.
  
      (a) Nonpreemption of Intrastate Transportation of Household 
  Goods.--Section 14501(c)(2)(B) of title 49, United States Code, is 
  amended by inserting ``intrastate'' before ``transportation''.
      (b) Enforcement of Consumer Protection With Respect to Interstate 
  Household Goods Carriers.--Chapter 145 of title 49, United States Code, 
  is amended by adding at the end the following:
  ``Sec. 14506. Enforcement of consumer protection with respect to 
                interstate household goods carriers
      ``(a) In General.--Notwithstanding any other provision of this 
  title, an individual or a State or political subdivision of a State may 
  enforce a consumer protection law, regulation, or other provision 
  (having the force of law) of such State or political subdivision with 
  respect to the interstate transportation of household goods as defined 
  in section 13102(a)(10)(A).
      ``(b) Prior Notification.--Before taking any action to enforce a 
  consumer protection law, regulation, or other provision of a State 
  relating to interstate transportation of household goods as defined in 
  section 13102(a)(10)(A) with respect to a motor carrier providing such 
  transportation, the State or a political subdivision of a State shall 
  notify, in writing, the Secretary of Transportation of its intention to 
  enforce such law, regulation, or other provision with respect to such 
  carrier; except that, if it is not feasible for the State or political 
  subdivision to provide the prior notification, the State or political 
  subdivision shall provide the notification, in writing, immediately 
  upon instituting such action.
      ``(c) Limitation on Statutory Construction.--Nothing in this 
  section shall be construed as authorizing a State or political 
  subdivision of a State to bring an enforcement action under a consumer 
  protection law, regulation, or other provision of the State relating to 
  interstate transportation of household goods as defined in section 
  13102(a)(10)(A) with respect to an activity that is inconsistent with 
  Federal laws and regulations relating to interstate transportation of 
  household goods.''.
      (c) Conforming Amendment.--The analysis for chapter 145 of such 
  title is amended by adding at the end the following:
  
  ``14506. Enforcement of consumer protection with respect to interstate 
                              household goods carriers.''.
  
  SEC. 4. WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND PROCEDURES TO 
                ENHANCE FEDERAL-STATE RELATIONS.
  
      (a) In General.--Not later than 90 days after the date of enactment 
  of this Act, the Secretary of Transportation shall establish a working 
  group of State attorneys general, State consumer protection 
  administrators, and Federal and local law enforcement officials for the 
  purpose of developing practices and procedures to enhance the Federal-
  State partnership in enforcement efforts, exchange of information, and 
  coordination of enforcement efforts with respect to interstate 
  transportation of household goods and making legislative and regulatory 
  recommendations to the Secretary concerning such enforcement efforts.
      (b) Consultation.--In carrying out subsection (a), the working 
  group shall consult with industries involved in the transportation of 
  household goods.
  
  SEC. 5. CIVIL AND CRIMINAL PENALTY FOR HOLDING HOUSEHOLD GOODS HOSTAGE.
  
      (a) In General.--Chapter 149 of title 49, United States Code, is 
  amended by adding at the end the following:
  ``Sec. 14915. Holding household goods hostage
      ``(a) Holding Household Goods Hostage Defined.--For purposes of 
  this section, the term `holding household goods hostage' means the 
  knowing and willful failure to deliver to, or unload at, the 
  destination of a shipment of household goods which is subject to 
  jurisdiction under subchapter I or III of chapter 135, for which 
  charges have been estimated by the motor carrier providing 
  transportation of such goods, and for which the maximum amount required 
  to be paid at the time of delivery under regulations issued by the 
  Secretary is 110 percent of such estimated charges.
      ``(b) Civil Penalty.--Whoever is found holding a household goods 
  shipment hostage is liable to the United States for a civil penalty of 
  not less than $10,000. If such person is a carrier or broker, the 
  Secretary of Transportation may suspend for a period of not less than 6 
  months the registration of such carrier or broker under chapter 139.
      ``(c) Criminal Penalty.--Whoever has been convicted of holding 
  household goods hostage shall be fined under title 18 or imprisoned not 
  more than 2 years, or both.''.
      (b) Conforming Amendment.--The analysis for such chapter is amended 
  by adding at the end the following:
  
  ``14915. Holding household goods hostage.''.
  
  SEC. 6. CONSUMER HANDBOOK ON DOT WEB SITE.
  
      Not later than 1 year after the date of enactment of this Act, the 
  Secretary of Transportation shall take such action as may be necessary 
  to ensure that publication OCE 100 of the Department of Transportation, 
  entitled ``Your Rights and Responsibilities When You Move'', is 
  prominently displayed, and available in language that is readily 
  understandable by the general public, on the Web site of the Department 
  of Transportation.
  
  SEC. 7. DISPLAY OF INFORMATION ON HOUSEHOLD GOODS TRANSPORTATION 
                RELATED WEB SITES.
  
      Not later than 1 year after the date of enactment of this Act, the 
  Secretary of Transportation shall modify the regulations contained in 
  part 375 of title 49, Code of Federal Regulations, to require a motor 
  carrier or broker that is subject to such regulations and that 
  establishes and maintains a Web site to prominently display on the Web 
  site--
              (1) the Department of Transportation number of the motor 
          carrier or broker;
              (2) the OCE 100 publication referred to in section 6; and
              (3) in the case of a broker, a list of all motor carriers 
          providing transportation of household goods used by the broker 
          and a statement that the broker is not a motor carrier 
          providing transportation of household goods.
  
  SEC. 8. CONSUMER COMPLAINT DATA BASE.
  
      (a) Establishment of System.--Not later than 1 year after the date 
  of enactment of this Act, the Secretary of Transportation shall--
              (1) establish a system for filing and logging consumer 
          complaints relating to motor carriers providing transportation 
          of household goods and for compiling complaint information 
          gathered by the States with regard to such carriers, a database 
          of the complaints, and a procedure for the public to have 
          access to the database and for carriers to challenge 
          information in the database; and
              (2) issue regulations requiring motor carriers of household 
          goods to submit on a semi-annual basis reports summarizing--
                      (A) the number and general category of complaints 
                  lodged by consumers;
                      (B) the number of claims filed for loss and damage, 
                  including the aggregate amount of claims; and
                      (C) the number of claims resolved during the 
                  reporting period and the aggregate amount of claims 
                  paid by the carrier.
      (b) Use of Information.--In determining which motor carriers 
  providing transportation of household goods should be subject to a 
  commercial investigation, the Secretary of Transportation shall 
  consider information in the data base established under subsection (a).
  
  SEC. 9. INSURANCE REGULATIONS.
  
      (a) Review.--Not later than 1 year after the date of enactment of 
  this Act, the Secretary of Transportation shall undertake a review of 
  the current Federal regulations regarding insurance coverage provided 
  by motor carriers providing transportation of household goods and 
  revise such regulations in order to provide enhanced protection for 
  shippers in the case of loss or damage as determined necessary.
      (b) Determinations.--The review shall include, but not be limited 
  to, a determination of--
              (1) whether the current regulations provide adequate 
          protection for shippers;
              (2) whether an individual shipper should purchase insurance 
          as opposed to the carrier; and
              (3) whether there are abuses of the current regulations 
          that leave the shipper unprotected in loss and damage claims.
  
  SEC. 10. CIVIL PENALTIES RELATING TO HOUSEHOLD GOODS BROKERS.
  
      Section 14901(d) of title 49, United States Code, is amended--
              (1) by striking ``If a carrier'' and inserting the 
          following:
              ``(1) In general.--If a carrier''; and
              (2) by adding at the end the following:
              ``(2) Estimate of broker without carrier agreement.--If a 
          broker for transportation of household goods subject to 
          jurisdiction under subchapter I of chapter 135 makes an 
          estimate of the cost of transporting any such goods before 
          entering into an agreement with a carrier to provide 
          transportation of household goods subject to such jurisdiction, 
          the broker is liable to the United States for a civil penalty 
          of not less than $10,000 for each violation.
              ``(3) Unauthorized transportation.--If a person provides 
          transportation of household goods subject to jurisdiction under 
          subchapter I of chapter 135 or provides broker services for 
          such transportation without being registered under chapter 139 
          to provide such transportation or services as a motor carrier 
          or broker, as the case may be, such person is liable to the 
          United States for a civil penalty of not less than $25,000 for 
          each violation.''.
  
  SEC. 11. PROGRESS REPORT.
  
      Not later than 1 year after the date of enactment of this Act, the 
  Secretary of Transportation shall transmit to Congress a report on the 
  progress being made in implementing this Act.
target: Securing Consumers' Assurance in Moving Act of 2003 - Amends Federal transportation law to provide that Federal regulations covering the transportation of household goods by motor private carriers shall not preempt State regulation of intrastate transportation of household goods by such carriers.Authorizes an individual or a State or local government to enforce a consumer protection law, regulation, or other provision with respect to the interstate transportation of household goods by a motor private carrier.Establishes a working group of State attorneys general, State consumer protection administrators, and Federal and local law enforcement officials to develop practices and procedures to enhance the Federal-State partnership in enforcement efforts with respect to interstate transportation of household goods by motor private carriers.Sets forth both civil and criminal penalties for persons found holding a household goods shipment hostage (failure to deliver to, or unload at, the destination of a shipment of household goods).Requires: (1) publication OCE 100 of the Department of Transportation (DOT), entitled "Your Rights and Responsibilities When You Move" be prominently displayed on the DOT Web site; and (2) motor carriers or brokers that maintain a web site to display certain household goods information.Establishes a system for filing and logging consumer complaints relating to motor carriers providing transportation of household goods.Requires the Secretary to review current Federal regulations regarding insurance coverage provided by a motor carrier providing transportation of household goods and to revise such regulations in order to enhance protection for shippers in the case of loss or damage.Provides civil penalties for a broker for transportation of household goods (or a person that provides transportation of household goods) that: (1) makes an estimate of transportation costs of such goods before entering into a carrier agreement; or (2) provides services for such transportation without being registered.
feat_title: To amend title 49, United States Code, relating to improving transportation and security of household goods, and for other purposes.