Page:United States Statutes at Large Volume 93.djvu/103

 PUBLIC LAW 96-25—JUNE 19, 1979

93 STAT. 71

Public Law 96-25 96th Congress An Act To amend the Shipping Act, 1916, to strengthen the provisions prohibiting rebating practices in the United States foreign trades.

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 "Shipping Act Amendments of 1979". SEC. 2. Section 16 of the Shipping Act, 1916, is amended by striking "$5,000" in the sixth paragraph, and inserting, in lieu thereof, "$25,000". SEC. 3. Section 180t)) of the Shipping Act, 1916, is amended by deleting subsection (6) thereof and by adding the following new language in lieu thereof: "(6) Whoever violates any provision of this section, other than subsection (b)(3) hereof involving rebates or refunds shall be subject to a civil penalty of not more than $5,000 for each day such violation continues. "(7) Whoever violates subsection (b)(3) hereof by means of rebates or refunds, shall be subject to a civil penalty of not more than $25,000 for each shipment on which a rebate or refund was paid and to suspension by the Commission of any or all tariffs filed by or on behalf of such carrier, or suspension of that carrier's right to utilize any or all tariffs of conferences of which that carrier may be a member, for a period not to exceed twelve months. Any carrier whose tariffs or rights of use thereof have been suspended pursuant to this paragraph and who accepts cargo for carriage during the suspension period which cargo otherwise would have been governed by the provisions of the suspended tariff[s) shall be subject to a civil penalty of not more than $50,000 for each shipment so accepted. "For purposes of this subsection and section 22(c) of this Act, a shipment shall mean all of that cargo, the carriage of which is evidenced by a single bill of lading.". SEC. 4. Section 21 of the Shipping Act, 1916, is amended by designating the existing two paragraphs as subsection "(a)" and by adding a new subsection (b) as follows: "(b) The Commission shall require the chief executive officer of every vessel operating common carrier by water in foreign commerce and to the extent it deems feasible, may require any shipper, consignor, consignee, forwarder, broker, other carrier or other person subject to this Act, to file a periodic, written certification underoath with the Commission attesting to— "(1) a policy prohibiting the payment, solicitation, or receipt of any rebate which is unlawful under the provisions of this Act; "(2) the fact that such policy has been promulgated recently to each owner, officer, employee, and agent thereof; "(3) the detedls of the efforts made, within the company or otherwise, to prevent or correct illegal rebating; and "(4) full cooperation with the Commission in its investigation of illegal rebating or refunds in United States foreign trades, and in its efforts to end such illegal practices.

June 19, 1979 [S. 199] Shipping Act Amendments of 1979. 46 USC 842 note. Increased civil penalties. 46 USC 815. Increased penalties. 46 USC 817.

Post, p. 72. Written certifications. 46 USC 820.

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