Page:United States Statutes at Large Volume 109 Part 1.djvu/930

 109 STAT. 914 PUBLIC LAW 104-88 —DEC. 29, 1995 of which under the SoUd Waste Disposal Act has been suspended by Congress) shall be liable to the United States for a civil penalty not to exceed $20,000 for each violation, "(c) FACTORS TO CONSIDER IN DETERMINING AMOUNT. —In determining and negotiating the amount of a civil penalty under subsection (a) or (d) concerning transportation of household goods, the degree of culpability, any history of prior such conduct, the degree of harm to shipper or shippers, ability to pay, the effect on ability to do business, whether the shipper has been adequately compensated before institution of the proceeding, and such other matters as fairness may require shall be taken into account. "(d) PROTECTION OF HOUSEHOLD GOODS SHIPPERS. —I f a carrier providing transportation of household goods subject to jurisdiction under subchapter I or III of chapter 135 or a receiver or trustee of such carrier fails or refuses to comply with any regulation issued by the Secretary or the Board relating to protection of individual shippers, such carrier, receiver, or trustee is 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. " (e) VIOLATION RELATING TO TRANSPORTATION OF HOUSEHOLD GOODS.— Any person that knowingly engages in or knowingly authorizes an agent or other person— "(1) to falsify documents used in the transportation of household goods subject to jurisdiction under subchapter I or III of chapter 135 which evidence the weight of a shipment; or "(2) to charge for accessorial services which are not performed or for which the carrier is not entitled to be compensated in any case in which such services are not reasonably necessary in the safe and adequate movement of the shipment; is liable to the United States for a civil penalty of not less than $2,000 for each violation and of not less than $5,000 for each subsequent violation. Any State may bring a civil action in the United States district courts to compel a person to pay a civil penalty assessed under this subsection. "(f) VENUE. — Trial in a civil action under subsections (a) through (e) of this section is in the judicial district in which— "(1) the carrier or broker has its principal office; "(2) the carrier or broker was authorized to provide transportation or service under this part when the violation occurred; "(3) the violation occurred; or "(4) the offender is found. Process in the action may be served in the judicial district of which the offender is an inhabitant or in which the offender may be found. " (g) BUSINESS ENTERTAINMENT EXPENSES. — "(1) IN GENERAL.— Any business entertainment expense incurred by a water carrier providing transportation subject to this part shall not constitute a violation of this part if that expense would not be unlawful if incurred by a person not subject to this part. " (2) COST OF SERVICE.— Any business entertainment expense subject to paragraph (1) that is paid or incurred by a water carrier providing transportation subject to this part shall not be taken into account in determining the cost of service or the rate base for purposes of section 13702.

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