Page:United States Statutes at Large Volume 93.djvu/104

 93 STAT. 72

PUBLIC LAW 96-25—JUNE 19, 1979

The Commission may by regulation prescribe the form and content of any certification required under the authority of this subsection. Violation, Failure to file any such certification shall result in a civil penalty of penalty. not more than $5,000 for each day such violation continues.". SEC. 5. Section 22 of the Shipping Act, 1916, is amended as follows: 46 USC 821. (a) designate the two existing paragraphs as "(a)" and "(b)", respectively; (b) amend subsection (b), as designated by this Act, by deleting therefrom the phrase "except as to orders for the payment of money,"; and (c) immediately after subsection (b), as designated by this Act, insert the following: Adjudicatory "(c)(1) In addition to, and without limiting the authority granted to investigation. the Commission by subsections (a) and (b) hereof, the Commission may, on its own motion, institute an adjudicatory investigation into possible violations of section 16 (other than paragraphs First and Third) involving rebates or refunds in foreign commerce or violations 46 USC 815. of section 18(b)(3) involving rebates or refunds, with the powers set 46 USC 817. forth in subsection (c)(2) hereof in addition to those already contained in sections 27,43, and other sections of this Act. 46 USC 826, 841a. "(2) Failure on the part of any common carrier, respondent to a Suspension of proceeding instituted pursuant to subsection (c)(1), or any other tariffs. person directly or indirectly controlling, controlled by, or under common control with such respondent carrier, to comply with any subpena or any duly issued order compelling an answer to interrogatories or to designated questions propounded by deposition or compelling production of documents in relation to any investigation conducted under subsection (c)(1), shall authorize the Commission to issue an order to show cause why any or all tariffs filed pursuant to section 46 USC 817; 18(b) of this Act, by or on behalf of the respondent carrier, or any or ante, p. 71. all rights of the respondent carrier to utilize such tariffs in the case of conference tariffs, should not be suspended until that carrier or any person directly or indirectly controlling, controlled by, or under common control with such carrier, has fully responded to the pertinent deposition, interrogatory, production request or motion, or subpena, and after such proceeding, to so suspend those tariffs or the respondent carrier's rights to utilize such tariffs. Any carrier whose tariff(s) or rights of use thereof have been suspended pursuant to this subparagraph 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. "(3) If, in defense of its failure to comply with a subpena or discovery order issued in relation to any investigation conducted under subsection (c)(1), a common carrier alleges documents or information are located in a foreign country and cannot be produced because of the laws of that country, the Commission shall immediately notify the Secretary of State of such failure to comply and of the allegation relating to foreign laws. Upon receiving such notification, the Secretary of State shall promptly consult with the government of the nation within which the documents or information are alleged to be located for the purpose of assisting the Commission in obtaining the documents or information sought. Suspension "(4) Before any tariff suspension ordered pursuant to subsection order; submittal (c)(2), or section 18(b)(7) of this Act, becomes effective, it shall be to President. immediately submitted to the President who may, within ten days Ante, p. 71. after receiving it, disapprove any such order if he finds that disap-

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