Page:United States Statutes at Large Volume 119.djvu/1775

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1757

‘‘(3) a person who participated with a 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. ‘‘(f) ENFORCEMENT OF STATE LAW.—Nothing contained in this section shall prohibit an authorized State official from proceeding in State court to enforce a criminal statute of such State.’’. (c) CLERICAL AMENDMENT.—The analysis for such chapter 147 is amended by inserting after the item relating to section 14709 the following: ‘‘14710. Enforcement of Federal laws and regulations with respect to transportation of household goods. ‘‘14711. Enforcement by State attorneys general.’’. SEC. 4207. LIABILITY OF CARRIERS UNDER RECEIPTS AND BILLS OF LADING.

Section 14706(f) of title 49, United States Code, is amended— (1) by striking ‘‘A carrier’’ and inserting the following: ‘‘(1) IN GENERAL.—A carrier’’; and (2) by adding at the end the following: ‘‘(2) FULL VALUE PROTECTION OBLIGATION.—Unless the carrier receives a waiver in writing under paragraph (3), a carrier’s maximum liability for household goods that are lost, damaged, destroyed, or otherwise not delivered to the final destination is an amount equal to the replacement value of such goods, subject to a maximum amount equal to the declared value of the shipment and to rules issued by the Surface Transportation Board and applicable tariffs. ‘‘(3) APPLICATION OF RATES.—The released rates established by the Board under paragraph (1) (commonly known as ‘released rates’) shall not apply to the transportation of household goods by a carrier unless the liability of the carrier for the full value of such household goods under paragraph (2) is waived, in writing, by the shipper.’’. SEC. 4208. 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 charges, in addition to those collected at delivery, must be paid by shippers for transportation and services related to transportation of household goods’’. (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 in last sentence— (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 subparagraph (B) as subparagraph (C); and (2) by striking ‘‘(3)(A) a decision resolving the dispute was not’’ and inserting the following:

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