S. 337 — Household Goods Shipping Consumer Protection Act

This section authorizes the Secretary of Transportation to assess civil penalties, after notice and an opportunity for a hearing, for violations of regulations under part B of subtitle IV of title 49, U.S. Code (i.e., interstate motor carriers, brokers, and freight forwarders), a responsibility previously held solely by the Surface Transportation Board; it also permits the Board or Secretary to seek judicial review of such assessments and to collect penalties through civil actions. (b) The section expands the application of these penalties under 49 U.S.C. 501(b) to include chapters 5, 311, and 313 of title 49, U.S. Code (i.e., commercial motor vehicle safety standards and commercial driver's licensing requirements).

This section amends the Motor Carrier Safety Assistance Program (MCSAP)—which provides grants to states for commercial motor vehicle enforcement—to (1) authorize use of grant funds for enforcement of federal household goods statutes and regulations applicable to interstate transportation by household goods motor carriers and brokers, and to intrastate transportation by household goods motor carriers if compatible with federal regulations; (2) require reporting on such enforcement activities; and (3) specify that these activities are optional for states and not a condition for receiving funds.

This section provides that, notwithstanding any other provision of law, any fine or penalty imposed on a carrier or broker in a state enforcement proceeding under 49 U.S.C. 14711—which authorizes states to enforce federal motor carrier and broker registration and financial responsibility requirements—shall be paid to and retained by the imposing state.

This section defines in 49 U.S.C. §13102(28)-(29) "principal place of business" as a single physical location where a specified entity's management officials report to work, the entity conducts a significant portion of its transportation-related business, and required records are maintained; and "specified entity" as an employer (per §31132), person, motor carrier (including foreign motor carrier or foreign motor private carrier), broker, or freight forwarder. The section requires, as conditions of registration— (1) motor carriers under §13902(a)(1) to designate a principal place of business (previously not required); (2) freight forwarders under §13903(a) to designate a principal place of business and disclose any common ownership, management, control, or familial relationship with another motor carrier, freight forwarder, broker, or registration applicant in the three years preceding the application (previously not required); and (3) brokers under §13904(a) to designate a principal place of business and make the same three-year relationship disclosures (previously not required). It further authorizes the Secretary under §13905(d)(2) to withhold, suspend, amend, or revoke such registrations for failure to designate a valid principal place of business (previously not a basis for action) and requires the designation under §31134(b) for employers or persons seeking a USDOT number (previously limited to other specified requirements).