Household Goods Transportation Act of 1980
PL 96-454 (S.1798), enacted 10/15/1980

PUBLIC LAW 96-454—OCT. 15, 1980 
94 STAT. 2011 
Public Law 96-454 
96th Congress 
An Act 
To reduce regulation of suid increase competition in the household goods moving 
industry, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
That this Act may be cited as the "Household Goods Transporta-
tion Act of 1980". 
DECLARATION OP POUCY 
Oct. 15, 1980 
[S. 1798] 
Household 
Groods 
Transportation 
Act 
of 1980. 
49 u s e 10101 
note. 
49 u s e 10101 
note. 
SEC. 2. (a) The Congress hereby finds— 
(1) that a safe, stable, and financially sound system of transpor-
tation of household goods by motor common carriers is vital to 
the maintenance of a strong national economy and a strong 
national defense; 
(2) that the best means of assuring such a system is through 
competition and reduced regulation; 
(3) that maximum flexibility on the part of the carriers in the 
pricing of their services best serves the shippers of household 
goods and allows a variety of quality and price options to meet 
market demands; and 
(4) that the interest of individual shippers can be best protected 
by allowing carriers of household goods maximum flexibility in 
serving the needs of their shippers, by providing accurate and 
complete information concerning carriers' performance and indi-
vidual shippers' rights and remedies, by reducing the amount of 
unnecessary regulations, and by strengthening remedies for 
violations of those regulations that are necessary for protection 
of individual shippers. 
(b) The appropriate authorizing committees of Congress shall Hearings. 
conduct periodic oversight hearings on the effects of this legislation, 
no less than annually for the first 5 years following the date of 
enactment of this Act, to ensure that this Act is being implemented 
according to congressional intent and purpose. 
DEFINITIONS 
SEC. 3. (a) Section 10102 of title 49, United States Code, is 
amended— 
(1) by inserting after paragraph (9) the following new para- "Household 
graph: 
g«^s. 
"(10) 'household goods' means— 
"(A) personal effects and property used or to be used in a 
dwelling when a part of the equipment or supply of such 
dwelling and such other similar property as the Commission 
may provide by regulation; except that this subparagraph 
shall not be construed to include property moving from a 
factory or store, except such property as the householder has 
purchased with intent to use in his dwelling and which is 
94 STAT. 2012 
PUBLIC LAW 96-454—OCT. 15, 1980 
26 use 250. 
transported at the request of, and the transportation charges 
paid to the carrier by, the householder; 
"(B) furniture, fixtures, equipment, and the property of 
stores, offices, museums, institutions, hospitals or other 
establishments when a part of the stock, equipment, or 
supply of such stores, offices, museums, institutions, hospi-
tals, or other establishments and such other similar property 
as the Commission may provide by regulation; except that 
this subparagraph shall not be construed to include the 
stock-in-trade of any establishment, whether consignor or 
consignee, other than used furniture and used fixtures, 
except when transported as incidental to moving of the 
establishment, or a portion thereof, from one location to 
another; and 
"(C) articles, including objects of art, displays, and exhib-
its, which because of their unusual nature or value require 
the specialized handling and equipment usually employed in 
moving household goods and such other similar articles as 
the Commission may provide by regulation; except that this 
subparagraph shall not be construed to include any article, 
whether crated or uncrated, which does not, because of its 
unusual nature or value, require the specialized handling 
and equipment usually employed in moving household 
goods."; and 
(2) by redesignating paragraphs (10) through (28) of such 
section, and any references thereto, as paragraphs (11) through 
(29) resDectivelv. 
(b)(1) Section 250(a)(1) of the Internal Revenue Code of 1954 is 
amended by striking out "10102(17)" and inserting in lieu thereof 
"10102(18)". 
(2) Section 5201(5) of title 39, United States Code, is amended by 
striking out "10102(11)" and inserting in lieu thereof "10102(12)'\ 
RATES 
SEC. 4. (a) Chapter 107 of title 49, United States Code, is amended by 
inserting after section 10733 the following new section: 
49 use 10734. 
"§10734. Household goods rates—estimates; guarantees of service 
"(aXD Subject to the provisions of paragraph (2) of this subsection, a 
motor common carrier providing transportation of household goods 
subject to the jurisdiction of the Commission under subchapter II of 
49 use 10521. 
chapter 105 of this title may, subject to the provisions of this chapter 
(including the general tariff requirements of section 10762 of this 
49 use 10762. 
title), establish a rate for the transportation of household goods which 
is based on the carrier's written, binding estimate of charges for 
providing such transportation. 
"(2) Any rate established under this subsection must be available 
on a nonpreferential basis to shippers and must not result in charges 
to shippers which are predatory. 
"(b)(1) Subject to the provisions of paragraph (2) of this subsection, a 
motor common carrier providing transportation of household goods 
subject to the jurisdiction of the Commission under subchapter II of 
chapter 105 of this title may, subject to the provisions of this chapter 
(including the general tariff requirements of section 10762 of this 
title), establish rates for the transportation of household goods which 
guarantee that the carrier will pick up and deliver such household 
goods at the times specified in the contract for such services and 
PUBLIC LAW 96-454—OCT. 15, 1980 
94 STAT. 2013 
provide a penalty or per diem payment in the event the carrier fails 
to pick up or deliver such household goods at the specified time. The 
charges, if any, for such guarantee and penalty provision may vary to 
reflect one or more options available to meet a particular shipper's 
needs but must be contained in the tariff the carrier publishes for 
such service under this title. 
"(2) Before a carrier may establish a rate for any service under 
paragraph (1) of this subsection, the Commission may require such 
carrier to have in effect and keep in effect, during any period such 
rate is in effect under such paragraph, a rate for such service which 
does not guarantee the pick up and delivery of household goods at the 
times specified in the contract for such services and which does not 
provide a penalty or per diem payment in the event the carrier fails 
to pick up or deliver household goods at the specified time.". 
(b) The analysis for chapter 107 of title 49, United States Code, is 
amended by inserting 
"10734. Household goods rates—estimates; guarantees of service." 
after 
"10733. Rates for transportation of recyclable materials.". 
AGENTS 
SEC. 5. (a)(1) Chapter 109 of title 49, United States Code, is amended 
by inserting after section 10933 the following new section: 
"§ 10934. Household goods agents 
49 use 10934. 
"(a) Each motor common carrier providing transportation of house-
hold goods subject to the jurisdiction of the Commission under 
subchapter II of chapter 105 of this title shall be responsible for all 49 USC 10521. 
acts or omissions of any of its agents which relate to the performance 
of household goods transportation services (including accessorial or 
terminal services) subject to the jurisdiction of the Commission under 
subchapter II of chapter 105 of this title and which are within the 
actual or apparent authority of the agent from the carrier or which 
are ratified by the carrier. 
"(b) Each motor common carrier providing transportation of house-
hold goods subject to the jurisdiction of the Commission under 
subchapter II of chapter 105 of this title shall use due diligence and 
reasonable care in selecting and maintaining agents who are suffi-
ciently knowledgeable, fit, willing, and able to provide adequate 
household goods transportation services (including accessorial and 
terminal services) and to fulfill the obligations imposed upon them by 
this subtitle and by such carrier. 
"(c)(1) Whenever the Commission has reason to believe from a 
complaint or investigation that an agent providing household goods 
transportation services (including accessorial and terminal services) 
under the authority of a motor common carrier providing transporta-
tion of household goods subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title has violated section 
11901(j) or 11917 of this title or is consistently not fit, willing, and able 
to provide adequate household goods transportation services (includ-
ing accessorial and terminal services), it may issue to such agent a 
complaint stating the charges and containing notice of the time and 
place of a hearing which shall be held no later than 60 days after 
service of the complaint to such agent. 
"(2) Such agent shall have the right to appear at such hearing and Hearing 
rebut the charges contained in the complaint. 
Complaints. 
Post, pp. 2019, 
2021. 
94 STAT. 2014 
PUBLIC LAW 96-454—OCT. 15, 1980 
Compliance 
orders. 
Post, pp. 2019, 
2021. 
49 u s e 10521. 
Hearing. 
28 u s e 2341 et 
seq. 
Antitrust laws, 
applicability. 
Traffic or 
services, pooling 
or dividing 
agreements. 
"(3) If such person does not appear at the hearing or if the 
Commission finds that the agent has violated section 11901(j) or 11917 
of this title or is consistently not fit, willing, and able to provide 
adequate household goods transportation services (including accesso-
rial and terminal services), it may issue an order to compel compli-
ance with the requirement that the agent be fit, willing, and able. 
Thereafter, the Commission may issue an order to limit, condition, or 
prohibit such agent from any involvement in the transportation or 
provision of services incidental to the transportation of household 
goods subject to the jurisdiction of the Commission under subchapter 
II of chapter 105 of this title if, after notice and an opportunity for a 
hearing, it finds that such agent, within a reasonable time after the 
date of issuance of a compliance order under this section, but in no 
event less than 30 days after such date of issuance, has willfully failed 
to comply with such order. 
"(4) Upon filing of a petition with the Commission by an agent who 
is the subject of an order issued pursuant to the second sentence of 
paragraph (3) of this subsection and after notice, a hearing shall be 
held with an opportunity to be heard. At such hearing, a determina-
tion shall be made whether the order issued pursuant to paragraph 
(3) of this subsection should be rescinded. 
"(5) Any agent adversely affected or aggrieved by an order of the 
Commission issued under this subsection may seek relief in the 
appropriate United States court of appeals as provided by and in the 
manner prescribed in chapter 158 of title 28, United States Code. 
"(d) The antitrust laws, as defined in the first section of the Clayton 
Act (15 U.S.C. 12), do not apply to discussions or agreements between 
a motor common carrier providing transportation of household goods 
subject to the jurisdiction of the Commission under subchapter II of 
chapter 105 of this title and its agents (whether or not an agent is also 
a carrier) related solely to (1) rates for the transportation of house-
hold goods under the authority of the principal carrier, (2) acces-
sorial, terminal, storage, or other charges for services incidental to 
the transportation of household goods transported under the author-
ity of 
the principal carrier, (3) allowances relating to transportation of 
household goods under the authority of the principal carrier, and (4) 
ownership of a motor common carrier providing transportation of 
household goods subject to the jurisdiction of the Commission under 
subchapter II of chapter 105 of this title by an agent or membership 
on the board of directors of any such motor common carrier by an 
agent.". 
(2) The analysis for chapter 109 of title 49, United States Code, is 
amended by inserting 
"10934. Household goods agents." 
after 
"10933. Authorizing abandonment of freight forwarder service.". 
(b) Section 10322(a) of title 49, United States Code, is amended— 
(1) by inserting ", or section 10934" before the period at the end 
of the first sentence; and 
(2) by inserting "10934(c)," after "10928,". 
(c) Subsection O
a
) of section 11342 of title 49, United States Code, is 
amended by inserting "(1)" after "(b)" and by adding at the end of 
such subsection the following new paragraphs: 
"(2) In the case of an application for Commission approval of an 
agreement or combination between a motor common carrier provid-
ing transportation of household goods and its agents to pool or divide 
traffic or services or any part of their earnings, such agreement or 
PUBLIC LAW 96-454—OCT. 15, 1980 
94 STAT. 2015 
combination shall be presumed to be in the interest of better service 
to the public and of economy in operation and not to restrain 
competition unduly if the practices proposed to be carried out under 
such agreement or combination are the same as or similar to 
practices carried out under agreements and combinations between 
motor common carriers providing transportation of household goods 
to pool or divide traffic or services or any part of their earnings 
approved by the Commission before the date of enactment of this 
paragraph. 
"(3) The Commission shall streamline, simplify, and expedite, to Applications. 
the maximum extent practicable, the process (including, but not 
limited to, any paperwork) for submission and approval of applica-
tions under this section for agreements and combinations between 
motor common carriers providing transportation of household goods 
and their agents.". 
RULES AND REGULATIONS 
SEC. 6. (a)(1) Chapter 111 of title 49, United States Code, is amended 
by inserting after section 11109 the following new section: 
"§11110. Household goods carrier operations 
49 USC lllio. 
"(a)(1) The regulations and paperwork required of motor common Regulations. 
carriers providing transportation of household goods subject to the 
jurisdiction of the Commission under subchapter II of chapter 105 of 
this title shall be minimized to the maximum extent feasible consist- 49 USC 10521. 
ent with the protection of individual shippers. 
"(2) The Interstate Commerce Commission may issue regulations, 
including regulations protecting individual shippers, in order to 
carry out this subtitle with respect to the transportation of household 49 USC lOioi. 
goods by motor common carrier. 
"(3) Regulations of the Commission protecting individual shippers 
shall include, where appropriate, reasonable performance standards 
for the transportation of household goods subject to the jurisdiction of 
the Commission under subchapter II of chapter 105 of this title. In 
establishing performance standards under this paragraph, the Com-
mission shall take into account at least the following: 
"(A) the level of performance that can be achieved by a well-
managed motor common carrier transporting household goods; 
"(B) the degree of harm to individual shippers which could 
result from a violation of the regulation; 
"(C) the need to set the level of performance at a level 
sufficient to deter abuses which result in harm to consumers and 
violations of regulations; 
"(D) service requirements of the carriers; 
"(E) the cost of compliance in relation to the consumer benefits 
to be achieved from such compliance; and 
"(F) the need to set the level of performance at a level designed 
to encourage carriers to offer service responsive to shipper needs. 
"(4) Nothing in this section shall be construed to limit the Commis-
sion's authority to require reports from motor common carriers 
providing transportation of household goods or to require such 
carriers to provide specified information to consumers concerning 
their past performance. 
"(b)(1) Every motor common carrier providing transportation of Estimate of 
household goods subject to the jurisdiction of the Commission under charges. 
subchapter II of chapter 105 of this title may, upon request of a 
prospective shipper, provide the shipper with an estimate of charges 
79-194 O—81—pt. 2 
47 ; QL3 
94 STAT. 2016 
PUBLIC LAW 96-454—OCT. 15, 1980 
49 u s e 10521. 
Weighing regu-
lations. 
Rulemaking 
proceeding. 
49 u s e 11110 
note. 
Ante, p. 2015. 
for transportation of household goods and for the proposed services. 
The Commission shall not prescribe specific formulas, forms, meth-
ods, or techniques for providing a prospective shipper with such an 
estimate. The Commission shall not prohibit any such carrier from 
charging a prospective shipper for providing a written, binding 
estimate for the transportation and proposed services, nor shall the 
Commission require the final charges to a shipper to be based on an 
estimate. 
"(2) Any charge for an estimate of charges provided by a motor 
common carrier to a shipper for transportation of household goods 
subject to the jurisdiction of the Commission under subchapter II of 
chapter 105 of this title shall be subject to the antitrust laws, as 
defined in the first section of the Clayton Act (15 U.S.C. 12). 
"(c) The Commission shall issue regulations that provide motor 
carriers providing transportation of household goods subject to the 
jurisdiction of the Commission under subchapter II of chapter 105 of 
this title with the maximum possible flexibility in weighing ship-
ments, consistent with assurance to the shipper of accurate weighing 
practices. The Commission shall not prohibit such carriers from 
backweighing shipments or from basing their charges on the reweigh 
weights if the shipper observes both the tare and gross weighings (or, 
prior to such weighings, waives in writing the opportunity to observe 
such weighings) and such weighings are performed on the same 
scale.". 
(2) The analysis for chapter 111 of title 49, United States Code, is 
amended by inserting 
"11110. Household goods carrier operations." 
after 
"11109. Loading and unloading motor vehicles.". 
ObXD Not later than sixty days after the date of enactment of this 
Act, the Interstate Commerce Commission shall institute a rulemak-
ing proceeding in which it shall review and revise all of its opera-
tional regulations pertaining to transportation of household goods to 
carry out the purposes of section 11110(a) of title 49, United States 
Code. 
(2) The Interstate Commerce Commission shall conclude the rule-
making proceeding required by this subsection within two hundred 
and seventy days after the date of enactment of this Act. 
(3) To the maximum extent feasible, the provisions of this section, 
including the amendments made by this section, shall apply to rules 
and regulations pertaining to transportation of household goods for 
the United States Government issued by departments, agencies, and 
instrumentalities of the United States (other than the Interstate 
Commerce Commission), including rules and regulations established 
for the distribution of such traffic, to the same extent as such 
provisions apply to rules and regulations issued by the Interstate 
Commerce Commission. 
DISPUTE SETTLEMENT 
SEC. 7. (aXD Chapter 117 of title 49, United States Code, is amended 
by inserting after section 11710 the following new section: 
49 use 11711. 
"§11711. Dispute settlement program for household goods carriers 
Applications. 
"(aXD One or more motor common carriers providing transporta-
tion of household goods subject to the jurisdiction of the Commission 
under subchapter II of chapter 105 of this title who want to establish 
PUBLIC LAW 96-454—OCT. 15, 1980 
94 STAT. 2017 
Application 
approval. 
Program 
require-
ments. 
a program to settle disputes between such carriers and shippers of 
household goods concerning the transportation of household goods 
may submit an application for establishing such program to the 
Commission. Such application shall be in such form and contain such 
information as the Commission may, by regulation, require. The 
Commission shall review and approve, in accordance with the 
provisions of this section, each application submitted under this 
subsection. 
"(2) The Commission shall approve, at least within 45 days of its 
filing, any application to establish a program for settling disputes 
concerning the transportation of household goods which meets the 
requirements of subsection (b) of this section. 
(3) The Commission may investigate at any time the functioning Investigations. 
of any program approved under this section and, after notice and an 
opportunity for a hearing, may suspend or revoke its approval for 
failure to meet the requirements of this section and such regulations 
as the Commission may issue to carry out the provisions of this 
section. 
"(b) No program for settling disputes concerning the transportation 
of household goods may be approved under this section unless the 
program is a fair and expeditious method for settling such disputes 
and complies with each of the following requirements and such 
regulations as the Commission may issue: 
"(1) The program is designed to prevent a carrier from having 
any special advantage in any case in which the claimant resides 
or does business at a place distant from the carrier's principal or 
other place of business. 
"(2) The program provides for adequate notice of the availabil-
ity of such program, including a concise easy-to-read, accurate 
summary of the program and disclosure of the legal effects of 
election to utilize the program. Such notice must be given to 
persons for whom household goods are to be transported by 
the carrier before such goods are tendered to the carrier for 
transportation. 
"(3) Upon request of a shipper, the carrier must promptly 
provide such forms and other information as are necessary for 
initiating an action under the program to resolve a dispute. 
"(4) Each person, authorized pursuant to the program to 
arbitrate or otherwise settle disputes, must be independent of the 
parties to the dispute and must be capable, as determined under 
such regulations as the Commission may issue, to resolve such 
disputes fairly and expeditiously. The program must ensure that 
each person chosen to settle the disputes is authorized and able 
to obtain from the shipper or carrier any material and relevant 
information to the extent necessary to carry out a fair and 
expeditious decisionmaking process. 
*(5) No fee for instituting a proceeding under the program may 
be charged the shipper; except that, if the program is binding 
solely on the carrier, the shipper may be charged a fee of not 
more than $25 for instituting a proceeding under the program. In 
any case in which a shipper is charged a fee under this paragraph 
for instituting a proceeding under the program and such dispute 
is settled in favor of the shipper, the person settling the dispute 
must refund such fee to the shipper unless the person settling the 
dispute determines that such refund is inappropriate. 
' (6) The program must not require the shipper to agree to 
utilize the dispute settlement program prior to the time that a 
dispute arises. 
94 STAT. 2018 
PUBLIC LAW 96-454—OCT. 15, 1980 
49 use 11910. 
Attorney fees. 
49 use 10521. 
Attorney fees. 
"(7) The program may provide for an oral presentation of a 
dispute concerning transportation of household goods by a party 
to the dispute (or a party s representative), but such oral presen-
tation may be made only if all parties to the dispute expressly 
agree to such presentation and the date, time, and location of 
such presentation. 
"(8) Any person settling a dispute concerning transportation of 
household goods under the program must, as expeditiously as 
possible but at least within 60 days of receipt of written notifica-
tion of the dispute, render a decision based on the information 
gathered, except that, in any case in which a party to the dispute 
fails to provide in a timely manner any information concerning 
such dispute which the person settling the dispute may reason-
ably require to resolve the dispute, the dispute settler may 
extend such 60-day period for a reasonable period of time. A 
decision resolving a dispute may include any remedies appropri-
ate under the circumstances, including repair, replacement, 
refund, reimbursement for expenses, and compensation for 
damages. 
"(c) Materials and information obtained in the course of a decision-
making process to settle a dispute under a dispute settlement 
program approved under this section may not be used to bring an 
action under section 11910 of this title. 
"(d) In any court action to resolve a dispute between a shipper of 
household goods and a motor common carrier providing transporta-
tion subject to the jurisdiction of the Commission under subchapter II 
of chapter 105 of this title concerning the transportation of household 
goods by such carrier, the shipper shall be awarded reasonable 
attorney's fees i
f
— 
(1) the shipper submits a claim to the carrier within 120 days 
after the date the shipment is delivered or the date the delivery is 
scheduled, whichever is later; 
"(2) the shipper prevails in such court action; and 
"(3XA) no dispute settlement program approved under this 
section was available for use by the shipper to resolve the 
dispute; or 
(B) a decision resolving the dispute was not rendered under a 
dispute settlement program approved under this section within 
the period provided under subsection (bX8) of this section or an 
extension of such period under such subsection; or 
"(C) the court proceeding is to enforce a decision rendered 
under a dispute settlement progrgun approved under this section 
and is instituted after the period for performance under such 
decision has elapsed. 
"(e) In any court action to resolve a dispute between a shipper of 
household goods and a motor common carrier providing transporta-
tion subject to the jurisdiction of the Commission under subchapter II 
of chapter 105 of this title concerning the transportation of household 
goods by such carrier, such carrier may be awarded reasonable 
attorney's fees by the court only if the shipper brought such action in 
bad faith— 
"(1) after resolution of such dispute under a dispute settlement 
program approved under this section; or 
"(2) after institution of a proceeding by the shipper to resolve 
such dispute under a dispute settlement program approved 
under this section but before (A) the period provided under 
subsection (bX8) for resolution of such dispute (including, if 
applicable, an extension of such period under such subsection) 
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 
coUect-on-delivery transportation of those types of household goods 
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 
date of enactment of this Act, except that subsections (d) and (e) of 
section 11711 of title 49, United States Code, as inserted in chapter 
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. 
Ante, p. 2011. 
Effective date. 
49 use 11711 
note. 
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 use 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 use 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. 
"(iXD Subject to the provisions of paragraph (3) this subsection, if a 
common carrier providing transportation of household goods subject 
94 STAT. 2020 
PUBLIC LAW 96-454—OCT, 15, 1980 
49 u s e 10521. 
Violation 
determi-
nation, written 
notification. 
28 u s e 2341 et 
seq. 
eompensation of 
shippers. 
to the jurisdiction of the Commission under subchapter II of chapter 
105 of this title or a receiver or trustee of such carrier fails or refuses 
to comply with any regulation issued by the Commission relating to 
protection of individual shippers, such carrier, receiver, or trustee is 
liable to the United States for a civil penalty of not more than $1,000 
for each violation and of not more than $500 for each additional day 
during which the violation continues. 
"(2)(A) If the Commission determines— 
"(i) that a common carrier providing transportation of house-
hold goods subject to the jurisdiction of the Commission under 
subchapter II of chapter 105 of this title or a receiver or trustee of 
such carrier has failed or refused to comply with a regulation 
issued by the Commission relating to protection of individual 
shippers in excess of any performance standard established in 
such regulation; and 
"(ii) with respect to each such failure or refusal, that the 
shipper or shippers have suffered harm as a result of such failure 
or refusal; 
the Commission miiay, in writing, notify the carrier, receiver, or 
trustee of its determinations and may elect to assess civil penalties 
under this paragraph for such failures and refusals in lieu of 
proceeding under paragraph (1) of this subsection with respect to 
such failures and refusals. If the Commission elects to assess civil 
penalties under this paragraph, such civil penalties may only be 
assessed after notice and opportunity for a hearing. 
"(B) Subject to the provisions of paragraph (3) of this subsection, the 
amount of a civil penalty which may be assessed under this para-
graph for a failure or refusal shall not be more than $1,000 for such 
failure or refusal and $500 for each additional day during which such 
failure or refusal continues. 
"(C) Notwithstanding the provisions of section 1336 of title 28, 
United States Code, a proceeding to enjoin or suspend, in whole or 
part, an order issued by the Commission assessing one or more civil 
penalties under this paragraph may only be brought in the United 
States court of appeals as provided by and in the manner prescribed 
in chapter 158 of such title. 
"(3) The amount of a civil penalty which may be assessed under 
paragraph (1) or (2) of this subsection for a failure or refusal shall not 
be more than $500 for such failure or refusal and $250 for each 
additional day during which such failure or refusal continues if, 
between the time the carrier, receiver, or trustee receives notice from 
the Commission of such failure or refusal and the commencement of 
the assessment hearing or trial, as the case may be, the carrier, 
receiver, or trustee adequately compensates the shipper or shippers, 
or offers adequate compensation to the shipper or shippers, for the 
harm they have suffered as a result of such failure or refusal. 
"(4)(A) No civil penalty may be imposed under this subsection for a 
failure or refusal to comply with a regulation issued by the Commis-
sion relating to protection of individual shippers unless the shipper or 
shippers have suffered harm as a result of such failure or refusal. 
' (B) In addition, no civil penalty may be imposed under this 
subsection for a failure or refusal to comply with a regulation issued 
by the Commission relating to protection of individual shippers— 
"(i) if, before receiving notice from the Commission or such 
failure or refusal, the carrier, receiver, or trustee adequately 
compensates the shipper or shippers, or offers adequate compen-
sation to the shipper or shippers, for the harm they have suffered 
as a result of such failure or refusal; or 
PUBLIC LAW 96-454—OCT. 15, 1980 
94 STAT. 2021 
Falsifying 
documents; 
illegal charges. 
"(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 49 use 10521. 
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.". 
(bXD Section 11348(a) of title 49, United States Code, is amended by 
striking out "(hXD" and inserting in lieu thereof "(kXl)". 
(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(1X2) of 
title 49, United States Code" after "section 
2321 of this title". 
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 
4
9 use 11917. 
"(a) For the purposes of this section, 'weight-bumping' means the "Weight-
knowing 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: 
94 STAT. 2022 
PUBLIC LAW 96-454—OCT. 15, 1980 
Commission 
authority. 
49 use 10101. 
49 use 10708. 
"(9) Notwithstanding the provisions of paragraph (4) of this subsec-
tion, the provisions of paragraph (1) of this subsection (other than 
subparagraph (A)) shall not apply to applications under this subsec-
tion for authority to provide transportation for the United States 
Government of used household goods which transportation is inciden-
tal to a pack and crate service on behalf of the Department of 
Defense." 
(b) Subsection Qoi) of section 10721 of title 49, United States Code, is 
amended— 
(1) by inserting before the period at the end of paragraph (1) of 
such subsection the following: "; except that any rates for the 
transportation of household goods for the United States Govern-
ment shall not be predatory". 
(2) by adding at the end of such subsection the following new 
paragraph: 
"(3) Nothing in this subsection shall limit the Commission's author-
ity to suspend and investigate proposed rates for the transportation of 
household goods for the United States Government on the basis that 
such rates constitute predatory practices in contravention of the 
transportation policy set forth in section 10101(a) of this title. 
However, pending final Commission action in a proceeding under 
section 10708 of this title to determine whether a proposed rate for 
the transportation of household goods for the United States Govern-
ment under this subsection is predatory or not, the Commission may 
suspend the proposed rate under subsection (b) of such section 10708 
only if it appears from specific facts shown by the verified complaint 
of a person that— 
"(A) without suspension, the proposed rate will cause substan-
tial injury to the complainant; and 
"(B) it is likely that the complainant will prevail on the 
merits.". 
PUBLIC LAW 96-454—OCT. 15, 1980 
94 STAT. 2023 
TECHNICAL AMENDMENTS 
SEC. 11. (a) Section 10526(a) of title 49, United States Code, is 
amended by striking out "or" at the end of paragraph (9) and by 
redesignating the last three paragraphs (the second paragraph (10) 
and paragraphs (11) and (12)) of such section as paragraphs (11), (12), 
and (13), respectively. 
(b) Section 10528 of title 49, United States Code, is amended by ^nte, p. 812. 
striking out "(10), (11), or (12)" and inserting in lieu thereof "(11), (12), 
or (13)'° 
Approved October 15, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1372 (Comm. on Public Works and Transportation). 
SENATE REPORT No. 96-497 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 125 (1979): Dec. 20, considered and passed Senate. 
Vol. 126 (1980): Sept. 25, considered and passed House, amended. 
Sept 30, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 16, No. 42 (1980): Oct. 15, Presidential statement.