Page:United States Statutes at Large Volume 94 Part 2.djvu/743

 PUBLIC LAW 96-454—OCT. 15, 1980

94 STAT. 2021

"(ii) in the case of a carrier, receiver, or trustee that does not know or have reason to know that the shipper or shippers have suffered harm as a result of such failure or refusal before receiving notice from the Commission of such failure or refusal, if such carrier, receiver, or trustee adequately compensates the shipper or shippers, or offers adequate compensation to the shipper or shippers, for such harm before commencement under this subsection of the assessment hearing or trial, as the case maybe. "(5) 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, and such other matters as fairness may require shall be taken into account. "(j) 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 the jurisdiction of the Commission under subchapter II of chapter 105 of this title 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 more than $2,000 for each violation and of not more 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.". (b)(1) Section 11348(a) of title 49, United States Code, is amended by striking out "(h)(D" and inserting in lieu thereof "(k)(l)". (2) Section 2342(5) of title 28, United States Code, is amended by inserting "and all final orders of such Commission made reviewable under section 11901(1)(2) of title 49, United States Code" after "section 2321 of this title".

Falsifying documents; illegal charges.

49 USC 10521.

WEIGHT BUMPING

SEC. 9. (a) Chapter 119 of title 49, United States 0)de, is amended by inserting after section 11916 the following new section: "§11917. Weight-bumping in household goods transportation 49 USC 11917. "(a) For the purposes of this section, 'weight-bumping' means the "Weightknowing and mllful making or securing of a fraudulent weight on a bumping." shipment of household goods which is subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title. "(b) Any individual who has been found to have committed weight- Penalties. bumping shall, for each offense, be fined at least $1,000 but not more than $10,000, imprisoned for not more than 2 years, or both.". (b) The analysis for chapter 119 of title 49, United States Code, is amended by inserting "11917. Weight-bumping in household goods transportation.".

after "11916. Conclusiveness of rates in certain prosecutions.". GOVERNMENT TRAFFIC

SEC. 10. (a) Section 10922(b) of title 49, United States Code, is amended by adding at the end thereof the following new paragraph:

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