Page:United States Statutes at Large Volume 120.djvu/1703

 120 STAT. 1672

PUBLIC LAW 109–304—OCT. 6, 2006

‘‘(1) employ another person as the managing or operating agent of the operator; or ‘‘(2) charter a vessel, on which an operating-differential subsidy is to be paid, for operation by another person. ‘‘(b) APPLICABILITY OF PROVISIONS TO CHARTERER.—If a charter prohibited by this section is made, the person operating the chartered vessel is subject to all the provisions of this subtitle and the operating-differential subsidy program, including limitations of profits and salaries. ‘‘§ 58104. Willful violation constitutes breach of contract or charter ‘‘A willful violation of any provision of sections 58101–58103 of this title constitutes a breach of the contract or charter. On determining that a violation has occurred, the Secretary of Transportation may declare the contract or charter rescinded. ‘‘§ 58105. Preferences for cargo in which charterer has interest ‘‘A contractor receiving an operating-differential subsidy, or a charterer under chapter 575 of this title, may not unjustly discriminate in any manner so as to give preference, directly or indirectly, to cargo in which the contractor or charterer has a direct or indirect ownership, purchase, or vending interest. ‘‘§ 58106. Concerted discriminatory activities ‘‘(a) PROHIBITION.—A contractor receiving an operating-differential subsidy, or a charterer under chapter 575 of this title, may not continue as a party to or conform to an agreement with another carrier by water, or engage in a practice in concert with another carrier by water, that is unjustly discriminatory or unfair to any other citizen of the United States operating a common carrier by water employing only vessels documented under the laws of the United States on an established trade route from and to a United States port. ‘‘(b) GOVERNMENT PAYMENT PROHIBITED.—No payment or subsidy of any kind may be paid, directly or indirectly, out of funds of the United States Government to a contractor or charterer that has violated subsection (a). ‘‘(c) CIVIL ACTION.—A person whose business or property is injured by a violation of subsection (a) may bring a civil action in the district court of the United States for the district in which the defendant resides, is found, or has an agent. If the person prevails, the person shall be awarded— ‘‘(1) 3 times the damages; and ‘‘(2) costs, including reasonable attorney fees. ‘‘§ 58107. Discrimination at ports by water common carriers ‘‘(a) PROHIBITION.—A common carrier by water may not, directly or indirectly, through an agreement, conference, association, understanding, or otherwise, prevent or attempt to prevent any other common carrier by water from serving any port described in subsection (b) at the same rates the first carrier charges at the nearest port already regularly served by it. ‘‘(b) PORTS.—A port referred to in subsection (a) is one that is— ‘‘(1) designed for the accommodation of ocean-going vessels;

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