Consumer's Relocation Protection Act of 2003 - Authorizes States to exercise authority over motor carriers that engage in the intrastate transportation of household goods. Authorizes a State attorney general to bring a civil action against such a carrier in U.S. district court for injunctive relief and for a civil penalty.
Directs the Secretary of Transportation to: (1) prescribe practices and procedures that ensure the fair and equitable treatment of individual shippers that utilize brokers of household goods; (2) establish a working group of State attorneys general, State consumer protection administrators, and Federal and local law enforcement officials; (3) establish a complaint handling system to log individual shipper informal complaints, an annual complaint database, and a procedure for public access to such data; and (4) require an annual report from each motor carrier and freight forwarder providing household goods transportation.
Establishes civil and criminal penalties for holding household goods hostage (defined as refusing to relinquish a shipment upon payment of not more than 100 percent of a binding estimate for shipment plus the charges for additional services performed). Sets additional requirements for registration of motor carriers of household goods.
Requires every motor carrier providing transportation of household goods to: (1) conduct a physical survey of the goods to be transported and provide the shipper with a written estimate of charges; and (2) prepare a written inventory of all articles tendered by an individual shipper and accepted by the carrier.
Sets civil penalties for brokers violating this Act.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2928 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2928
To amend title 49, United States Code, relating to improved consumer
protection regulation of the household goods transportation industry,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2003
Mr. Boehlert (for himself, Ms. Millender-McDonald, Mr. Duncan, Mr.
Pascrell, Ms. Lofgren, Mr. Coble, and Mr. Michaud) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, relating to improved consumer
protection regulation of the household goods transportation industry,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer's Relocation Protection Act
of 2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Federal regulation of interstate transportation of
household goods is essential to the maintenance of the
interstate household goods moving industry and so is vital to
the requirements of our national economy and a strong national
defense. The capability of the industry to meet the challenges
presented by a mobile society is dependent upon a system of
Federal regulation that is uniformly applied regardless of
State origins and destinations of consumers' moves. Wholesale
proliferation of Federal regulatory responsibilities among the
States must be avoided to ensure a consistent regulatory
environment that allows the industry to perform its essential
service to the public.
(2) In 1996, Congress abolished the Interstate Commerce
Commission and transferred its regulations governing the
interstate transportation of consumers' household goods to the
Department of Transportation. The Department of Transportation
and the Federal Motor Carrier Safety Administration which are
charged with regulation of the industry have, on numerous
occasions, advised Congress that their primary mission is truck
safety regulation and that they have neither the resources nor
the manpower to effectively regulate the moving industry.
Unfortunately, this condition has nurtured the growth of a
cottage industry of rogue movers that preys upon the moving
public through a variety of schemes employed to gain the
confidence of consumers, and then their belongings, and
finally, in exchange for those belongings, impose exorbitant
charges for what purports to be a moving service. In reality,
those services do not resemble the services of legitimate
movers that conscientiously transport the overwhelming majority
of the 1,300,000 interstate moves that are performed each year.
(3) While the rogue movers' participation in the interstate
moving market is minutely small, the toll they have taken on
the moving public and the legitimate moving industry is
enormous. Numerous reports on the unlawful practices of these
operators have been aired by our national television networks
and countless similar press accounts have seriously tarnished
the image of the entire legitimate moving industry which is
made up largely of small business operators that comply with
existing Federal regulations.
(4) Just recently the Federal Bureau of Investigation
concluded a 2-year investigation into the practices of Florida-
based unlawful operators that resulted in Federal criminal
indictments of 42 rogue movers and 74 individuals that were
involved in their operations. Aggressive Federal enforcement
action of this nature must continue if we are to rid the moving
industry of the scourge created by the rogue mover.
(5) Under existing Federal law, consumers have an adequate
remedy to compensate them for the loss, damage, or delay of
their property. However, in view of the operating practices of
rogue movers, it is appropriate to enhance enforcement by
granting to the States authority over certain unlawful
practices that are contrary to Federal law.
(6) To meet this challenge it is appropriate that Congress
act to close certain loopholes that have allowed the
unscrupulous mover to thrive. This can be accomplished by
conferring authority on the States to take action against
movers that violate important Federal licensing, pricing, and
arbitration requirements or engage in the insidious practice of
holding consumers' goods hostage in exchange for a king's
ransom. At the same time, it is necessary not to lose sight of
the importance of avoiding measures that would threaten the
financial stability of the legitimate moving industry and its
ability to serve the public.
(7) Civil and criminal penalties are necessary to combat
the unlawful practice of holding household goods hostage.
(8) Too many brokers of household goods transportation
services, many of whom operate exclusively on the Internet,
have run roughshod over consumers when arranging for the
transportation of their household goods. Regulation of this
segment of the moving industry is virtually nonexistent.
Federal consumer protection regulations must be prescribed and
the States should be authorized to pursue brokers that fail to
arrange legitimate moving services for consumers.
(9) The Department of Transportation should establish a
consumer complaint data information base and require the filing
by movers of meaningful statistics on loss and damage claims.
(10) To promote the public's access to an inexpensive means
of resolving claims for loss or damage, the present mandatory
threshold for binding arbitration should be available for all
claims of $10,000 or less instead of the present $5,000 or less
amount. In addition, neutral arbitration should be available to
consumers to resolve certain transportation charge payment disputes in
an inexpensive and expeditious manner.
(11) The Department of Transportation must impose
meaningful registration requirements on all applicants for
Federal authority to engage in the interstate transportation of
household goods to ensure they are qualified to serve the
public and to thwart the proliferation of unscrupulous
operators.
(12) Consumers must receive written estimates of moving
services and charges and inventories of goods to be transported
to curb abusive rogue mover practices that misrepresent their
services.
SEC. 3. FEDERAL-STATE RELATIONS RELATING TO THE 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.--
(1) State enforcement regarding transportation of household
goods.--Chapter 145 of such title is amended by adding at the
end the following:
``Sec. 14506. State enforcement regarding transportation of household
goods
``(a) Authority of States.--
``(1) Injunctive relief.--Notwithstanding any other
provision of this title, if an attorney general of a State or
other authorized officer of that State has reason to believe
that the interests of the residents of that State have been or
are being threatened or adversely affected because any person
has engaged or is engaging in the performance or procuring of
household goods transportation or service (including
accessorial or terminal service) subject to jurisdiction under
chapter 135 or 139 in violation of one or more of sections
13702(a)(2), 13901, 13902, 13903, 13904, 13906, and 14708, the
State may bring a civil action for injunctive relief on behalf
of its residents in an appropriate district court of the United
States to enjoin such transportation or service and to compel
the person to pay to the State any civil penalty assessed under
chapter 149 with respect to such violation.
``(2) Violation.--A motor carrier providing transportation
subject to jurisdiction under chapter 135, that knowingly and
willfully refuses to relinquish possession of a shipment of
household goods described in section 13102(10)(A) upon payment
of not more than 100 percent of a binding estimate (or, in the
case of a nonbinding estimate, not more than 110 percent of the
estimated charges for such shipment) plus the charges for
additional services that were performed at origin, en route, or
at destination as authorized by the shipper and as required by
section 13702, shall be liable for a civil penalty under
chapter 149. A State may bring a civil action under this
subsection in an appropriate United States district court to
compel a motor carrier to relinquish possession of a shipment,
to pay the civil penalty assessed under chapter 149 to the
State, or to obtain injunctive relief.
``(b) Authority of Secretary.--
``(1) Notice.--The State shall serve prior written notice
of a civil action under subsection (a) upon the Secretary and
provide the Secretary with a copy of its complaint; except
that, if it is not feasible for the State to provide such prior
notice, the State shall serve such notice immediately upon
instituting such action.
``(2) Authority.--Upon receiving notice of a civil action
under this subsection, the Secretary shall have the right to--
``(A) intervene in such action;
``(B) be heard on all matters arising therein; and
``(C) to participate in or initiate an appeal of
such action.
``(c) Statutory Construction.--For purposes of bringing a civil
action under subsection (a), nothing in this section shall be construed
to prevent an attorney general of a State from exercising the powers
conferred on the attorney general by the laws of such State to conduct
investigations or to administer oaths or affirmations or to compel the
attendance of witnesses or the production of documentary and other
evidence.
``(d) Actions by the Secretary.--Whenever a civil action has been
instituted by or on behalf of the Secretary for violation of any
provision specified in subsection (a), no State may institute, during
the pendency of such action, a civil action under subsection (a)
against any defendant named in the complaint in such action for a
violation alleged in such complaint.
``(e) Venue; Service of Process.--A civil action under subsection
(a) may be brought in the district in which the defendant is found,
resides, or transacts business or wherever venue is proper under
section 1391 of title 28. Process in such an action may be served in
any district in which the defendant resides or in which the defendant
may be found.
``(f) Actions by Other State Officials.--In addition to actions
brought by an attorney general of a State under subsection (a), such an
action may be brought by officers of the State who are authorized by
the State to bring actions in such State on behalf of its residents.''.
(2) Household goods brokers.--Section 13904 of such title
is amended--
(A) by redesignating subsection (d) as subsection
(e); and
(B) by inserting after subsection (c) the
following:
``(d) Household Goods Brokers.--
``(1) Regulations.--Not later than 180 days after the
effective date of the Consumer's Relocation Protection Act of
2003, the Secretary shall adopt regulations prescribing
practices and procedures that ensure the fair and equitable
treatment of individual shippers that utilize brokers of
household goods described in section 13102(10)(A).
``(2) Standard for selecting carriers.--Each broker of
household goods that is registered by the Secretary under this
chapter shall use due diligence and reasonable care in selling
or arranging the services of only those motor carriers of
household goods that are in compliance with the requirements of
this part and all applicable regulations maintained by the
Secretary and the Board.
``(3) Enforcement by the secretary and the states.--
``(A) Complaint.--Whenever the Secretary or an
attorney general of any State or other authorized
officer of a State, in coordination with the Secretary,
has reason to believe that a broker of household goods
subject to this section has arranged for transportation
by a motor carrier that has violated this part, or is
consistently not fit, willing, and able to provide
adequate household goods transportation services, the
Secretary may issue to such broker a complaint stating
the charges and containing notice of the time and place
of a hearing which shall be held no later than 60 days
after service of the complaint to such broker; except
that, before issuing any complaint under this
subsection, the State shall first request that the
Secretary initiate an investigation and issue such
complaint. If the Secretary declines to initiate an
investigation, the State may initiate such an
investigation and convene a hearing.
``(B) Right to defend.--The broker shall have the
right to appear at any hearing convened pursuant to
subsection (A) and rebut the charges contained in a
complaint.
``(C) Order.--If the broker does not appear at the
hearing or if the Secretary or the State finds that the
broker has violated this section, the Secretary may
take appropriate action to compel compliance with this
part and regulations issued thereunder, including
issuance of an order to limit, condition, or prohibit
such broker from any involvement in the procurement of
service for the transportation of household goods.
``(D) Relief.--Following an investigation and
hearing under this subsection, the Secretary or the
State may bring a civil action in a United States
district court or a State court for injunctive relief
and to compel a person to pay any civil penalty
assessed under chapter 149 to the United States or the
State, as the case may be.''.
(3) Conforming amendment.--The analysis for chapter 145 of
such title is amended by adding at the end the following:
``14506. State enforcement regarding transportation of household
goods.''.
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 of making legislative and
regulatory recommendations to the Secretary concerning such enforcement
efforts.
(b) Consultation With Industries.--In carrying out subsection (a),
the working group shall include representatives of 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 refusal to relinquish possession of a shipment of
household goods described in section 13102(A)(10) upon payment of not
more than 100 percent of a binding estimate (or, in the case of a
nonbinding estimate, not more than 110 percent of the estimated charges
for such shipment) plus the charges for additional services that were
performed at origin, en route, or at destination as authorized by the
shipper and as required by section 13702.
``(b) Civil Penalty.--A motor carrier that is found holding a
household goods shipment hostage is liable to the United States for a
civil penalty of not less than $10,000 for each violation. If such
carrier is subject to jurisdiction under chapter 135, the Secretary may
suspend for a period of not less than 6 months the registration of such
carrier under chapter 139.
``(c) Criminal Penalty.--A motor carrier that has been convicted of
knowingly and willfully holding household goods hostage by falsifying
documents or demanding the payment of charges for services that were
not performed or were not necessary in the safe and adequate movement
of a shipment of household goods 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 DATABASE.
(a) Establishment of System.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Transportation shall
establish a complaint handling system to log individual shipper (as
defined in section 13102 of title 49, United States Code) informal
complaints related to motor carrier interstate transportation of
household goods, an annual database of such complaints, and a procedure
for public access to such data. All complaints recorded in the database
must be identified by motor carrier bill of lading number and forwarded
to the involved carrier. For each motor carrier included in the
database, the percentage of complaints which were disputed must also be
recorded.
(b) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall issue regulations
requiring each motor carrier and freight forwarder providing
transportation of household goods to submit an annual report on or
before each March 31 covering the 12-month period ending on the prior
March 31 (in this section referred to as the ``reporting period'') that
summarizes--
(1) the number of shipments that originate and are
delivered for individual shippers during the reporting period;
(2) the percent of those shipments identified in
subparagraph (A) which resulted in the filing of a claim for
loss or damage in excess of $500;
(3) the percent of claims identified in subparagraph (B)
which were settled in the reporting period;
(4) the percent of claims identified in subparagraph (B)
which were declined in the reporting period; and
(5) the percent of claims identified in subparagraph (B)
which were pending on the last day of the reporting period.
(c) Use of Information.--In determining which motor carriers
providing transportation of household goods should be subject to an
investigation, the Secretary shall consider the failure to make a
report in violation of section 14901 of title 49, United States Code,
and information in the database established under subsection (a).
SEC. 9. ARBITRATION REQUIREMENTS.
(a) Offering Shippers Arbitration.--Section 14708(a) of title 49,
United States Code, is amended by inserting before the period at the
end the following: ``and to determine whether carrier rates, in
addition to those collected at delivery that are unpaid, must be paid
by the shipper as required by the regulations of the Secretary
governing the payment for transportation and service''.
(b) Threshold for Binding Arbitration.--Section 14708(b)(6) of such
title is amended by striking ``$5,000'' each place it appears and
inserting ``$10,000''.
(c) Deadline for Decision.--Section 14708(b)(8) of such title is
amended--
(1) by striking ``and''; and
(2) by inserting after ``for damages'' the following: ``,
and an order requiring the payment of additional carrier
charges''.
(d) Attorney's Fees to Shippers.--Section 14708(d)(3) of such title
is amended--
(1) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C); and
(2) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) the shipper was not advised by the carrier during the
claim settlement process that a dispute settlement program was
available to resolve the dispute;''.
(e) Attorney's Fees to Carriers.--Section 14708(e) of such title is
amended to read as follows:
``(e) Attorney's Fees to Carriers.--In any court action to resolve
a dispute between a shipper of household goods and a carrier providing
transportation or service subject to jurisdiction under subchapter I or
III of chapter 135 concerning the transportation of household goods by
such carrier, the carrier shall be awarded reasonable attorney's fees
by the court only if--
``(1) the court proceeding is to enforce a decision
rendered through arbitration awarding additional charges to the
carrier under subsection (a) and is instituted after the period
for performance under such decision has elapsed; or
``(2) the shipper brought the court action in bad faith--
``(A) after resolution of such dispute through
arbitration under this section; or
``(B) after institution of an arbitration
proceeding by the shipper to resolve such dispute under
this section but before--
``(i) the period provided under subsection
(b)(8) for resolution of such dispute
(including, if applicable, an extension of such
period under such subsection) ends; and
``(ii) a decision resolving such dispute is
rendered.''.
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 such
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. INDIVIDUAL SHIPPER DEFINED.
Section 13102 of title 49, United States Code, is amended by adding
at the end the following:
``(25) Individual shipper.--The term `individual shipper'
means any person who is the consignor or consignee of a
household goods shipment, is identified as such in the bill of
lading or other similar contract, owns the goods being or to be
transported, and pays for their transportation.''.
SEC. 12. ADDITIONAL REGISTRATION REQUIREMENTS FOR MOTOR CARRIERS OF
HOUSEHOLD GOODS.
Section 13902 of title 49, United States Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5);
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Household goods; additional requirements.--In
addition to the requirements in subsection (a)(1), the
Secretary shall register a person to provide transportation of
household goods described in section 13102(10)(A) only after
such person--
``(A) identifies the arbitration program in which
it participates and provides a copy of its notice of
such program as required by section 14708(b)(2);
``(B) identifies its tariff and provides a copy of
its notice of the availability of such tariff for
inspection as required by section 13702(c);
``(C) certifies that it has access to, has read, is
familiar with, and will observe all applicable
regulations of the Secretary and the Board governing
consumer protection, estimating, consumer rights and
responsibilities, and options for limitations of
liability for loss and damage; and
``(D) discloses any relationship involving common
stock, common ownership, common management, or common
familial relationships between such persons and any
other motor carrier, freight forwarder, or broker of
household goods within the past 3 years.
``(3) Consideration of evidence; findings.--The Secretary
shall consider and, to the extent applicable, make findings on
any evidence demonstrating that the registrant is unable to
comply with the requirements of one or more of subparagraphs
(A), (B), and (C) of paragraph (1) and subparagraphs (A), (B),
(C), and (D) of paragraph (2).
``(4) Withholding.--If the Secretary determines that any
registrant under this section does not or is not able to meet
the requirements of paragraph (1) or (2), the Secretary shall
withhold registration for a period of not less than 1 year.'';
and
(3) by adding at the end of paragraph (5) (as so
redesignated) the following: ``In the case of a registration
for the transportation of household goods described in section
13102(10)(A), the Secretary may also hear a complaint on the
ground that the registrant fails or will fail to comply with
the requirements of paragraph (2).''.
SEC. 13. ESTIMATING AND INVENTORY REQUIREMENTS.
Section 14104 of title 49, United States Code, is amended--
(1) in subsection (b) by striking paragraph (1) and
inserting the following:
``(1) Required to be in writing.--
``(A) In general.--Except as otherwise provided [in
this subsection], every motor carrier providing
transportation of household goods described in section
13102(10)(A) subject to jurisdiction under subchapter I
of chapter 135 shall conduct a physical survey of the
household goods to be transported on behalf of a
prospective individual shipper and shall provide the
shipper with a written estimate of charges for the
transportation and all related services.
``(B) Waiver.--A shipper may elect to waive a
physical survey under this paragraph by written
agreement signed by the shipper before [the] shipment
is loaded. A copy of the waiver agreement must be
retained as an addendum to the bill of lading and shall
be subject to the same record inspection and
preservation requirements of the Secretary as are
applicable to bills of lading.
``(C) Estimate.--
``(i) In general.--Notwithstanding a waiver
under subparagraph (B), a carrier's statement
of charges for transportation must be submitted
to the shipper in writing and must indicate
whether it is binding or nonbinding.
``(ii) Binding.--A binding estimate under
this paragraph must indicate that the carrier
and shipper are bound by such charges. The
carrier may impose a charge for providing a
written binding estimate.
``(iii) Nonbinding.--A nonbinding estimate
under this paragraph must indicate that the
actual charges will be based upon the actual
weight of the shipment and the carrier's lawful
tariff charges.''; and
(2) by adding at the end the following:
``(d) Inventories.--
``(1) In general.--Every motor carrier providing
transportation of household goods described in section
13012(10)(A) subject to jurisdiction under subchapter I of
chapter 135 shall prepare, at the time of loading a shipment of
such household goods, a written inventory of all articles
tendered by an individual shipper and accepted by the carrier
for transportation.
``(2) Contents.--Every inventory under this subsection
shall list or otherwise reasonably identify each item tendered
for transportation, be signed by the shipper and the carrier or
their respective agents at both the origin and destination, and
shall be attached to and considered part of the bill of lading.
``(3) Record inspection and preservation requirements.--An
inventory under this subsection shall be subject to the same
record inspection and preservation requirements of the
Secretary as are applicable to bills of lading.''.
SEC. 14. EXTEND CIVIL PENALTIES TO BROKERS OF HOUSEHOLD GOODS.
Section 14901(d) of title 49, United States Code, is further
amended by adding at the end the following:
``(4) Brokers.--If a broker of household goods described in
section 13102(10)(A) providing service to individual shippers
and subject to jurisdiction under subchapter I of chapter 135
fails or refuses to comply with any regulation issued by the
Secretary relating to the protection of individual shippers,
such broker shall be liable to the United States for a civil
penalty of not less than $1,000 for each violation and for each
additional day during which the violation continues.''.
SEC. 15. PROGRESS REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall transmit to Congress
a report on progress in implementation of this Act, including the
amendments made by this Act.
(b) Oversight Hearings.--The Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate shall conduct
periodic oversight hearings on the effects of this Act, including the
amendments made by this Act, no less than annually for the first 5
years following the date of enactment of this Act to ensure that this
Act, including the amendments made by this Act, is being implemented
according to congressional intent.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Highways, Transit and Pipelines.
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