Page:United States Statutes at Large Volume 91.djvu/1513

 PUBLIC LAW 9 5 - 2 0 8 — D E C. 13, 1977

91 STAT. 1479

(2) fails to take reasonable and p r o m p t action to prevent or stop a container subject to that order from being moved in violation of that o r d e r; shall be subject to a civil penalty of not more than $5,000 for each container so moved. E a c h day the container remains in service while the order is in effect shall be treated as a separate violation. (b) The Secretary shall assess and collect any penalty incurred under this section, and, in his discretion may remit, mitigate, or compromise any such penalty. No penalty shall be assessed until after the person charged has been given notice and an opportunity for a hearing. I n assessing, remitting, mitigating, or compromising a penalty the Secretary shall consider the gravity of the violation, the hazards involved, and the record of the person charged with respect to violations of this Act or of the Convention. Upon failure of any person to pay any penalty assessed against him by the Secretary, the Secretary shall request the Attorney General to begin an action in any district court of the United States to recover the amount of the penalty unpaid. SEC. 7. EMPLOYEE PROTECTION. (a) No person shall discharge or in any manner discriminate against an employee because the employee has reported the existence of an unsafe container or reported a violation of this Act to the Secretary or his agents. (b) A n employee who believes that he has been discharged or discriminated against in violation of this section may, within 60 days after the violation occurs, file a complaint alleging discrimination with the Secretary of Labor. (c) The Secretary of Labor may investigate the complaint and, if he determines that this section has been violated, b r i n g an action in an appropriate United States district court. The district court shall have jurisdiction to restrain violations of subsection (a) of this section and to order a p p r o p r i a t e relief, including rehiring and reinstatement of the employee to his former position with back pay. (d) W i t h i n 30 days after the receipt of a complaint filed under this section the Secretary of Labor shall notify the complainant of his intended action regarding the complaint. SEC. 8. AMENDMENTS TO THE CONVENTION. (a) The Secretary of State, with the concurrence of the Secretary, may propose amendments to the Convention or may request a conference for amending the Convention in accordance with article IX of the Convention. A n amendment communicated to the United States in accordance with article IX (2) of the Convention may be accepted for the United States by the President, with the advice and consent of the Senate. The President may make a declaration that the United States does not accept an amendment. (b) The Secretary of State, with the concurrence of the Secretary, may propose amendments to the annexes of the Convention, may propose a conference for amending annexes to the Convention and shall consider and act on amendments to the annexes of the Convention adopted by the Maritime Safety Committee and communicated to the United States in accordance with article X (2) of the Convention. I f a proposed amendment is approved by the United States, the amendment shall enter into force in accordance with article X of the Convention. I f any proposed amendment is objected to, the Secretary of State shall promptly communicate the objection as provided in article X (3) of the Convention.

Assessment, collection, and remittance.

Recovery actions,

46 USC 1506.

Complaint, filing,

Investigation, Jurisdiction,

Notification to complainant,

46 USC 1507.

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