Page:United States Statutes at Large Volume 94 Part 2.djvu/741

 PUBLIC LAW 96-454—OCT. 15, 1980

94 STAT. 2019

ends, and (B) a decision resolving such dispute is rendered under such program. "(f) The provisions of this section shall apply only in the case of collect-on-delivery transportation of those types of household goods Ante, p. 2011. described in section 10102(10)(A) of this title.'\ (2) The analysis for chapter 117 of title 49, United States Code, is amended by inserting "11711. Dispute settlement program for household goods carriers."

after "11710. Liability when property is delivered in violation of routing instructions.".

(b) The amendments made by this section shall take effect on the Effective date. date of enactment of this Act, except that subsections (d) and (e) of 49 USC 11711 section 11711 of title 49, United States Code, as inserted in chapter note. 117 of such title by subsection (a)(1) of this section, shall take effect on the two hundred and fortieth day following such date of enactment. PENALTIES

SEC. 8. (a) Section 11901 of title 49, United States Code, is amended— (1) by adding at the end of subsection (g) the following new sentence: "After the date of enactment of this sentence, no penalties shall be imposed under this subsection for a violation relating to the transportation of household goods. Any such penalties that were imposed prior to such date of enactment shall be collected only in accordance with the provisions of subsection (h) of this section."; (2) by redesignating subsection (h) of such section, and any references thereto, as subsection (k) and inserting ", (h), (i)(l), or (j)" after "subsection (g)" in paragraph (2) of such subsection; and (3) by inserting after subsection (g) the following new subsections: "(h)(1) Any person required to make a report to the Commission, answer a question, or make, prepare, or preserve a record under this subtitle concerning transportation of household goods subject to jurisdiction of the Commission under subchapter II of chapter 105 of 49 USC 10521. this title, or an officer, agent, or employee of such person, that (A) does not make the report, (B) does not specifically, completely, and truthfully answer the question, (C) does not make, prepare, or preserve the record in the form and manner prescribed by the Commission, or (D) does not comply with section 10921 of this title, is ^9 USC 10921. liable to the United States for a civil penalty of not more than $500 for each violation and of not more than $250 for each additional day during which the violation continues. No penalty shall be imposed under this paragraph for any failure to make, prepare, or preserve the record in the form and manner prescribed by the Commission unless the shipper or shippers have suffered harm as a result of such failure. "(2) In determining and negotiating the amount of a civil penalty under this subsection, 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. "(i)(1) Subject to the provisions of paragraph (3) this subsection, if a common carrier providing transportation of household goods subject

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