S.Amdt. 4534

1. Adds SEC. __. ENFORCEMENT OF FEDERAL LAWS WITH RESPECT TO TRANSPORTATION OF HOUSEHOLD GOODS wherever appropriate

   Adds a section

   Inserted: SEC. __. ENFORCEMENT OF FEDERAL LAWS WITH RESPECT TO TRANSPORTATION OF HOUSEHOLD GOODS.

   Inserted: Chapter 147 of title 49, United States Code, is amended by striking sections 14710 and 14711 and inserting the following:

   Inserted: "Sec. 14710. Enforcement of Federal laws with respect to transportation of household goods

   Inserted: "(a) State Enforcement Authority.--Except as provided under subsection (f), if the attorney general or enforcement official of a State has reason to believe that the interests of the residents of that State have been, or are being, threatened or adversely affected by a violation of any consumer protection provision under this title that apply to individual shippers (as determined by the Secretary) and are related to the delivery and transportation of household goods by a household goods motor carrier subject to jurisdiction under subchapter I of chapter 135 of this title, or regulations or orders issued by the Secretary or the Board under such provisions, the State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to obtain injunctive relief as provided under this section.

   Inserted: "(b) Notice to Secretary or Board.--

   Inserted: "(1) In general.--Except as provided under paragraph (2), not later than 60 days before initiating a civil action under subsection (a), the State shall submit, to the Secretary or the Board, written notice of such action that includes a copy of the complaint to be filed to initiate such action.

   Inserted: "(2) Exception.--If it is not feasible for the State to provide notice to the Secretary or the Board before the deadline under paragraph (1), the State shall provide such notice immediately upon instituting such civil action.

   Inserted: "(c) Intervention.--Upon receiving the notice required under subsection (b), the Secretary or the Board--

   Inserted: "(1) may intervene in such civil action; and

   Inserted: "(2) upon intervening--

   Inserted: "(A) shall be heard on all matters arising in such civil action;

   Inserted: "(B) shall, upon motion, be substituted for the State in such civil action; and

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   Inserted: "(C) may file petitions for appeal of a decision in such civil action.

   Inserted: "(d) Venue; Service of Process.--In a civil action brought under subsection (a)--

   Inserted: "(1) the venue shall be a judicial district in which--

   Inserted: "(A) the carrier, foreign motor carrier, or broker operates;

   Inserted: "(B) the carrier, foreign motor carrier, or broker was authorized to provide transportation at the time the complaint arose; or

   Inserted: "(C) the defendant in the civil action is found;

   Inserted: "(2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and

   Inserted: "(3) a person who participated with the carrier or broker in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person.

   Inserted: "(e) Federal Primary Right of Enforcement.--If the Secretary or Board institutes a civil action or an administrative action under subsection (a), or under any other Act, regulation, or order for which the Secretary or the Board has enforcement authority, no State attorney general, or other official or agency of a State, may bring an action under this section while such action is pending against any defendant named in the complaint of the Secretary or Board for any violation alleged in the complaint.

   Inserted: "(f) Reasonable Costs and Attorney Fees.--If a State prevails in any civil action under subsection (a) for a violation of section 13707, the State can recover reasonable costs and attorneys fees from the carrier or broker.

   Inserted: "(g) State Compliance Orders.--

   Inserted: "(1) In general.--If an individual shipper fails to relinquish possession of household goods in violation of section 13707, a State may issue an order requiring the shipper to comply with such section.

   Inserted: "(2) Issuance.--Any order issued under this subsection shall--

   Inserted: "(A) be delivered by personal service;

   Inserted: "(B) state with reasonable specificity--

   Inserted: "(i) the requirements of section 13707;

   Inserted: "(ii) the nature of the violation of such section; and

   Inserted: "(iii) the penalties available for such violation (as described by section 14915); and

   Inserted: "(C) shall specify a date by which the shipper shall comply with the order.

   Inserted: "(3) Savings provision.--Action taken by a State under this subsection shall not affect or limit the authority of the State under subsection (a).

   Inserted: "(h) Notice to Carrier or Broker.--

   Inserted: "(1) Failure to relinquish possession of household goods.--

   Inserted: "(A) In general.--Except as provided under subparagraph (C), if a civil action brought under subsection (a) is for a violation of section 13707, the State shall provide notice of the alleged violation to the carrier or broker as soon as the alleged violation becomes known to the State.

   Inserted: "(B) Contents.--Notice provided under subparagraph (A)--

   Inserted: "(i) shall require that the carrier or broker cure any violation within 24 hours of receipt of the notice;

   Inserted: "(ii) may be made in writing or by telephone; and

   Inserted: "(iii) if provided by telephone, shall--

   Inserted: "(I) be actual notice; and

   Inserted: "(II) be followed by subsequent written notification not later than 48 hours after the initial notice.

   Inserted: "(C) Compliance order.--The State is not required to provide notice under this paragraph if the State issues a compliance order under subsection (g).

   Inserted: "(2) Other violations.--

   Inserted: "(A) In general.--If a civil action brought under subsection (a) is not for a violation of section 13707, the State shall provide written notice to the carrier or broker of any civil action under subsection (a) not later than 30 days before initiating such action.

   Inserted: "(B) Contents.--Notice provided under subparagraph (A) shall--

   Inserted: "(i) include a copy of the complaint to be filed to initiate such civil action; and

   Inserted: "(ii) provide the carrier or broker with an opportunity to cure the reported violation by mutual agreement between the State and the carrier or broker.

   Inserted: "(3) Civil action authorized.--Regardless of whether a carrier or broker cures a violation about which it has received notification from a State under this subsection, the State may file a civil action against the carrier or broker under subsection (a) if the State has complied with the notification requirement under subsection (b).

   Inserted: "(i) Construction.--Nothing in this section may be construed to--

   Inserted: "(1) prevent the attorney general or enforcement official of a State from exercising the powers conferred on such officials by the laws of such State;

   Inserted: "(2) convey a right to initiate or maintain a class action lawsuit in the enforcement of a Federal law or regulation or order; or

   Inserted: "(3) prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of such State.".

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   Original wording

   At the appropriate place, insert the following:

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As printed