interest required to be owned by United States citizens and provisions of first par. concerning vessels in coastwise trade, and designated existing paragraphs as subsecs. (a) to (d). AMENDMENTS 1959-Subsec. (a). Pub. L. 86-327 redefined citizenship qualification for corporations by substituting requirement that the president or other chief executive officer and the chairman of the board of directors be United States citizens and that no more of the directors than a minority of the number necessary to constitute a quorum be noncitizens for requirement that the president and managing directors be United States citizens. REPEALS For provisional repeal, see note set out preceding section 801 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 883, 883-1, 888, 891u, 922, 1244, 1271, 1411 of this title; title 15 sections 144, 715c-3, 2509; title 16 section 742c; title 30 section 1522; title 42 section 5919; title 50 App. section 1736. § 803. Applicability of chapter to receivers and trust ees The provisions of this chapter shall apply to receivers and trustees of all persons to whom the chapter applies, and to the successors or assignees of such persons. (Sept. 7, 1916, ch. 451, § 2(d), 39 Stat. 729; July 15, 1918, ch. 152, § 2, 40 Stat. 900; June 5, 1920, ch. 250, § 38, 41 Stat. 1008.) CODIFICATION Section comprises subsec. (d) of section 2 of act Sept. 7, 1916, as amended. Subsecs. (a) to (c) of section 2 of the act are classified to section 802 of this title. Acts July 15, 1918, and June 5, 1920, made no change in this provision of the act Sept. 7, 1916, except that it was designated subsec. (d) by section 38 of act June 5, 1920. See Codification note set out under section 802 of this title. REPEALS For provisional repeal, see note set out preceding section 801 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 888 of this title. § 804. Federal Maritime Commission; rules and regulations for filing of rates and charges for barging and affreighting of containers or containerized cargo by barges within the United States Notwithstanding part III of the Interstate Commerce Act, as amended, or any other provision of law, rates and charges for the barging and affreighting of containers or containerized cargo by barge between points in the United States, shall be filed solely with the Federal Maritime Commission in accordance with rules and regulations promulgated by the Commission where (a) the cargo is moving between a point in a foreign country or a non-contiguous State, territory, or possession and a point in the United States, (b) the transportation by barge between points in the United States is furnished by a terminal operator as a service substitute in lieu of a direct vessel call by the common carrier by water transporting the con tainers or containerized cargo under a through bill of lading, (c) such terminal operator is a Pacific Slope State, municipality, or other public body or agency subject to the jurisdiction of the Federal Maritime Commission, and the only one furnishing the particular circumscribed barge service in question as of January 2, 1975, and (d) such terminal operator is in compliance with the rules and regulations of the Federal Maritime Commission for the operation of such barge service. The terminal operator providing such services shall be subject to the provisions of this chapter. (Sept. 7, 1916, ch. 451, § 3, as added Jan. 2, 1975, Pub. L. 93-605, § 2(a), 88 Stat. 1966.) REFERENCES IN TEXT The Interstate Commerce Act, referred to in text, is act Feb. 4, 1887, ch. 104, 24 Stat. 379, as amended, part III of which was classified to chapter 12 (§ 901 et seq.) of former Title 49, Transportation. The Act was repealed by Pub. L. 95-473, § 4(b), Oct. 17, 1978, 92 Stat. 1467, the first section of which enacted subtitle IV (§ 10101 et seq.) of Title 49. For distribution of sections of former Title 49 into the revised Title 49, see Table at the beginning of Title 49. PRIOR PROVISIONS A prior section 804, acts Sept. 7, 1916, ch. 451, § 3, 39 Stat. 729; June 5, 1920, ch. 250, § 3, 41 Stat. 989, which established the United States Shipping Board and enumerated its duties was repealed by act June 29, 1936, ch. 858, title IX, § 903(a), 49 Stat. 2016. RULES AND REGULATIONS Section 2(b) of Pub. L. 93-605 provided that: "Within one hundred and twenty days after enactment of this Act [Jan. 2, 1975], the Federal Maritime Commission shall promulgate rules and regulations for the barge operations described in the amendment made by the first section of this Act [probably refers to this section]. Such rules shall provide that the rates charged shall be based upon factors normally considered by a regular commercial operator in the same service." § 804a. Omitted CODIFICATION Section, act June 30, 1932, ch. 314, § 306, 47 Stat. 408, which reorganized the United States Shipping Board, was omitted in view of the abolishment of the Board by Ex. Ord. No. 6166, § 12, eff. June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. Section was not enacted as part of the Shipping Act, 1916 which comprises this chapter. §§ 805, 806. Repealed. June 29, 1936, ch. 858, title IX, § 903(a), (b), 49 Stat. 2016 Section 805, acts Sept. 7, 1916, ch. 451, § 4, 39 Stat. 729; June 5, 1920, ch. 250, § 3, 41 Stat. 990; June 10, 1921, ch. 18, § 304, 42 Stat. 24, related to salaries of members of the Shipping Board and employees of the Board, and expenditures. Section 806, act Sept. 7, 1916, ch. 451, § 6, 39 Stat. 730, related to transfer of vessels to the Board by the President. § 807. Repealed. Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 645, 646 Section, acts June 12, 1922, ch. 218, 42 Stat. 648; Feb. 13, 1923, ch. 72, 42 Stat. 1242; June 7, 1924, ch. 292, § 1, 43 Stat. 531; Mar. 3, 1925, ch. 468, § 1, 43 Stat. 1209; Apr. 22, 1926, ch. 171, § 1, 44 Stat. 318; Feb. 11, 1927, ch. 104, § 1, 44 Stat. 1083; May 16, 1928, ch. 580, § 1, 45 Stat. 586; Feb. 20, 1929, ch. 270. § 1, 45 Stat. 1244; Apr. 19, 1930, ch. 201, § 1, 46 Stat. 245; Feb. 23, 1931, ch. 281, § 1, 46 Stat. 1372; June 30, 1932, ch. 330, § 1, 47 Stat. 469, related to limitation on salaries of officers and employees of the United States Shipping Board, which has been abolished. Section was not enacted as part of the Shipping Act, 1916 which comprises this chapter. § 808. Registration, enrollment, and licensing of vessels purchased, chartered, or leased; regulations; coastwise trade Any vessel purchased, chartered, or leased from the Secretary of Transportation, by persons who are citizens of the United States, may be registered or enrolled and licensed, or both registered and enrolled and licensed, as a vessel of the United States and entitled to the benefits and privileges appertaining thereto: Provided, That foreign-built vessels admitted to American registry on enrollment and license under this chapter, and vessels owned by any corporation in which the United States is a stockholder, and vessels sold, leased, or chartered by the Secretary of Transportation to any person a citizen of the United States, as provided in this chapter, may engage in the coastwise trade of the United States while owned, leased, or chartered by such a person. Every vessel purchased, chartered, or leased from the Secretary of Transportation shall, unless otherwise authorized by the Secretary of Transportation, be operated only under such registry or enrollment and license. Such vessels while employed solely as merchant vessels shall be subject to all laws, regulations, and liabilities governing merchant vessels, whether the United States be interested therein as owner, in whole or in part, or hold any mortgage, lien, or other interest therein. Except as provided in section 1181 of this title, it shall be unlawful, without the approval of the Secretary of Transportation, to sell, mortgage, lease, charter, deliver, or in any manner transfer, or agree to sell, mortgage, lease, charter, deliver, or in any manner transfer, to any person not a citizen of the United States, or transfer or place under foreign registry or flag, any vessel or any interest therein owned in whole or in part by a citizen of the United States and documented under the laws of the United States, or the last documentation of which was under the laws of the United States. The issuance, transfer, or assignment of a bond, note, or other evidence of indebtedness which is secured by a mortgage of a vessel to a trustee or by an assignment to a trustee of the owner's right, title, or interest in a vessel under construction, to a person not a citizen of the United States, without the approval of the Secretary of Transportation, is unlawful unless the trustee or a substitute trustee of such mortgage or assignment is approved by the Secretary of Transportation. The Secretary of Transportation shall grant his approval if such trustee or a substitute trustee is a bank or trust company which (1) is organized as a corporation, and is doing business, under the laws of the United States or any State thereof, (2) is authorized 11-617 VOL. 18 0-84-18 under such laws to exercise corporate trust powers, (3) is a citizen of the United States, (4) is subject to supervision or examination by Federal or State authority, and (5) has a combined capital and surplus (as set forth in its most recent published report of condition) of at least $3,000,000. If such trustee or a substitute trustee at any time ceases to meet the foregoing qualifications, the Secretary of Transportation shall disapprove such trustee or substitute trustee, and after such disapproval the transfer or assignment of such bond, note, or other evidence of indebtedness to a person not a citizen of the United States, without the approval of the Secretary of Transportation, shall be unlawful. The trustee or substitute trustee approved by the Secretary of Transportation shall not operate the vessel under the mortgage or assignment without the approval of the Secretary of Transportation. If a bond, note, or other evidence of indebtedness which is secured by a mortgage of a vessel to a trustee or by an assignment to a trustee of the owner's right, title, or interest in a vessel under construction, is issued, transferred, or assigned to a person not a citizen of the United States in violation of this section, the issuance, transfer, or assignment shall be void. Any such vessel, or any interest therein, chartered, sold, transferred, or mortgaged to a person not a citizen of the United States or placed under a foreign registry or flag, or operated, in violation of any provision of this section shall be forfeited to the United States, and whoever violates any provision of this section shall be guilty of a misdemeanor and subject to a fine of not more than $5,000, or to imprisonment for not more than five years, or both. (Sept. 7, 1916, ch. 451, § 9, 39 Stat. 730; July 15, 1918, ch. 152, § 3, 40 Stat. 900; June 5, 1920, ch. 250, § 18, 41 Stat. 994; Ex. Ord. No. 6166, § 12, eff. June 10, 1933; June 29, 1936, ch. 858, §§ 204, 904, 49 Stat. 1987, 2016; June 23, 1938, ch. 600, § 42, 52 Stat. 964; Nov. 8, 1965, Pub. L. 89-346, § 1, 79 Stat. 1305; Aug. 6, 1981, Pub. L. 97-31, § 12(26), 95 Stat. 155.) CODIFICATION Section is based on act Sept. 7, 1916, and as originally enacted, it read: "Any vessel purchased, chartered, or leased from the board may be registered or enrolled and licensed, or both registered and enrolled and licensed, as a vessel of the United States and entitled to the benefits and privileges appertaining thereto: Provided, That foreign-built vessels admitted to American registry or enrollment and license under this Act, and vessels owned, chartered, or leased by any corporation in which the United States is a stockholder, and vessels sold, leased, or chartered to any person a citizen of the United States, as provided in this Act, may engage in the coastwise trade of the United States. "Every vessel purchased, chartered, or leased from the board shall, unless otherwise authorized by the board, be operated only under such registry or enrollment and license. Such vessels while employed solely as merchant vessels shall be subject to all laws, regulations, and liabilities governing merchant vessels, whether the United States be interested therein as owner, in whole or in part, or hold any mortgage, lien, or other interest therein. No such vessel, without the approval of the board, shall be transferred to a foreign registry or flag, or sold; nor, except under regulations prescribed by the board, be chartered or leased. "When the United States is at war, or during any national emergency the existence of which is declared by proclamation of the President, no vessel registered or enrolled and licensed under the laws of the United States shall, without the approval of the board, be sold, leased, or chartered to any person not a citizen of the United States, or transferred to a foreign registry or flag. No vessel registered or enrolled and licensed under the laws of the United States, or owned by any person a citizen of the United States, except one which the board is prohibited from purchasing, shall be sold to any person not a citizen of the United States or transferred to a foreign registry or flag, unless such vessel is first tendered to the board at the price in good faith offered by others, or, if no such offer, at a fair price to be determined in the manner provided in section ten. "Any vessel sold, chartered, leased, transferred, or operated in violation of this section shall be forfeited to the United States, and whoever violates any provision of this section shall be guilty of a misdemeanor and subject to a fine of not more than $5,000 or to imprisonment of not more than five years, or both such fine and imprisonment." The act was amended by act July 15, 1918, which added the words "while owned, leased, or chartered by such a person," at the end of the first paragraph, and changed the last two paragraphs to read as follows: "No vessel documented under the laws of the United States or owned by any person a citizen of the United States or by a corporation organized under the laws of the United States or of any State, Territory, District, or possession thereof, except one which the board is prohibited from purchasing, shall be sold to any person not a citizen of the United States or transferred to or placed under a foreign registry or flag, unless such vessel is first tendered to the board at the price in good faith offered by others, or, if no such offer, at a fair price to be determined in the manner provided in section ten. "Any vessel sold, chartered, leased, transferred to or placed under a foreign registry or flag, or operated, in violation of any provision of this section shall be forfeited to the United States, and whoever violates any provision of this section shall be guilty of a misdemeanor and subject to a fine of not more than $5,000 or to imprisonment for not more than five years, or both." The act was again amended by act June 5, 1920, to read: "Any vessel purchased, chartered, or leased from the board, by persons who are citizens of the United States, may be registered or enrolled and licensed, or both registered and enrolled and licensed, as a vessel of the United States and entitled to the benefits and privileges appertaining thereto: Provided, That foreign-built vessels admitted to American registry or enrollment and license under this act, and vessels owned by any corporation in which the United States is a stockholder, and vessels sold, leased, or chartered by the board to any person a citizen of the United States, as provided in this act, may engage in the coastwise trade of the United States while owned, leased, or chartered by such a person. "Every vessel purchased, chartered, or leased from the board shall, unless otherwise authorized by the board, be operated only under such registry or enrollment and license. Such vessels while employed solely as merchant vessels shall be subject to all laws, regulations, and liabilities governing merchant vessels, whether the United States be interested therein as owner, in whole or in part, or hold any mortgage, lien, or other interest therein. "It shall be unlawful to sell, transfer or mortgage, or, except under regulations prescribed by the board, to charter, any vessel purchased from the board or documented under the laws of the United States to any person not a citizen of the United States, or to put the same under a foreign registry or flag, without first obtaining the board's approval. "Any vessel chartered, sold, transferred or mortgaged to a person not a citizen of the United States or placed under a foreign registry or flag, or operated, in violation of any provision of this section shall be forfeited to the United States, and whoever violates any provision of this section shall be guilty of a misdemeanor and subject to a fine of not more than $5,000, or to imprisonment for not more than five years, or both." AMENDMENTS 1981-Pub. L. 97-31 substituted "Secretary of Transportation" for "United States Maritime Commission", "Commission", and "Secretary of Commerce" wherever appearing. For prior transfers of functions, see Transfer of Functions note below. 1965-Pub. L. 89-346 made it unlawful to issue, transfer, or assign a bond, note, or other evidence of indebtedness which is secured by a mortgage of a vessel to a trustee or by an assignment to a trustee of the owner's right, title, or interest in a vessel under construction, to a person not a citizen of the United States, without the approval of the Secretary of Commerce, unless the trustee or a substitute trustee of such mortgage or assignment is approved by the Secretary of Commerce, required the Secretary to grant his approval if such trustee or substitute trustee is a bank or trust company which meets certain specified qualifications and to disapprove such trustee or substitute trustee if at any time he ceases to meet such qualifications, made it unlawful to transfer or assign such bond, note, or other evidence of indebtedness to a person not a citizen of the United States, without the approval of the Secretary, after such disapproval, prohibited the trustee or substitute trustee approved by the Secretary to operate the vessel under the mortgage or assignment without approval of the Secretary, and voided the issuance, transfer, or assignments of bonds, notes, or other evidences of indebtedness if issued, transferred, or assigned to a person not a citizen of United States in violation of this section. 1938-Act June 23, 1938, substituted the last two paragraphs for the former last two. RETROACTIVE PROVISIONS Section 4 of Pub. L. 89-346 provided that: "Bonds, notes, and other evidence of indebtedness which are secured by a mortgage of a vessel to a trustee or by an assignment to a trustee of the owner's right, title, or interest in a vessel under construction which have heretofore been issued, transferred, or assigned, or are issued, transferred, or assigned within one year after the enactment of this Act [Nov. 8, 1965], to a person not a citizen of the United States without the approval of the Secretary of Commerce are valid in the hands of such person and the validity and perferred status of such mortgage and the validity and lawfulness of such issuance, transfer, or assignment shall not be affected by such issuance, transfer, or assignment if the trustee or a substitute trustee is approved by the Secretary of Commerce within one year after enactment of this Act [Nov. 8, 1965], under the standards for trustees specified in the amendments made by this Act to sections 9 and 37 of the Shipping Act, 1916 [this section and section 835 of this title], and to subsection O of the Ship Mortgage Act, 1920 [section 961 of this title]. "Nothing in this section shall be construed to alter retroactively any rights which were the subject matter of litigation pending on the date of enactment of this Act [Nov. 8, 1965]." REPEALS For provisional repeal, see note set out preceding section 801 of this title. TRANSFER OF FUNCTIONS "United States Maritime Commission" was substituted for "United States Shipping Board". For dissolution of the Board and transfer of its functions to United States Maritime Commission, see Ex. Ord. No. 6166 and act June 29, 1936. Ex. Ord. No. 6166 is set out as a note under section 901 of Title 5, Government Organization and Employees. For subsequent transfers of functions, see Reorg. Plan No. 6 of 1949 and Reorg. Plan No. 21 of 1950, set out under section 1111 of this title. CROSS REFERENCES Corporation meeting certain conditions deemed citizens for purposes of this section, see section 883-1 of this title. Definition of enrollment, license, or register with respect to vessel documentation, see section 65w of this title. Documentation of foreign merchant vessels acquired under emergency authority, see section 198 of Title 50, War and National Defense. Offense punishable by imprisonment for term in excess of one year deemed a felony, see section 1 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 838, 839, 864, 865a, 883, 883-1, 1160 of this title; title 50 section 198; title 50 App. section 1739. §§ 809, 810. Repealed. June 29, 1936, ch. 858, title IX, § 903(a), 49 Stat. 2016 Section 809, act Sept. 7, 1916, ch. 451, § 10, 39 Stat. 731, related to the taking of vessels by the President for naval and military purposes. Section 810, act Sept. 7, 1916, ch. 451, § 11, 39 Stat. 731, related to the creation of corporations for the purchase, construction, equipment, maintenance and operation of merchant vessels. § 810a. Omitted CODIFICATION Section, act Feb. 11, 1927, ch. 104, § 1, 44 Stat. 1083, which changed the name of the United States Shipping Board Emergency Fleet Corporation to United States Shipping Board Merchant Fleet Corporation, was omitted in view of the abolishment of the corporation. See note set out under section 1113 of this title. Section was not enacted as part of the Shipping Act, 1916 which comprises this chapter. § 811. Investigations as to cost of merchant vessels The Secretary of Transportation shall investigate the relative cost of building merchant vessels in the United States and in foreign maritime countries, and the relative cost, advantages, and disadvantages of operating in the foreign trade vessels under United States registry and under foreign registry. The Secretary shall examine the rules under which vessels are constructed abroad and in the United States, and the methods of classifying and rating same, and the Secretary shall examine into the subject of marine insurance, the number of companies in the United States, domestic and foreign, engaging in marine insurance, the extent of the insurance on hulls and cargoes placed or written in the United States, and the extent of reinsurance of American maritime risks in foreign companies, and ascertain what steps may be necessary to develop an ample marine insurance system as an aid in the development of an American merchant marine. The Secretary shall examine the navigation laws of the United States and the rules and regulations thereunder, and make such recommendations to the Congress as the Secretary deems proper for the amendment, improvement, and revision of such laws, and for the development of the American merchant marine. The Secretary shall investigate the legal status of mortgage loans on vessel property, with a view to means of improving the security of such loans and of encouraging investment in American shipping. The Secretary shall, on or before the 1st day of December in each year, make a report to the Congress, which shall include his recommendations and the results of his investigations, a summary of his transactions, and a statement of all expenditures and receipts under this chapter, and of the operations of any corporation in which the United States is a stockholder, and the names and compensation of all persons employed by the Secretary of Transportation. (Sept. 7, 1916, ch. 451, § 12, 39 Stat. 732; Ex. Ord. No. 6166, § 12, eff. June 10, 1933; June 29, 1936, ch. 858, §§ 204, 904, 49 Stat. 1987, 2016; Aug. 6, 1981, Pub. L. 97-31, § 12(27), 95 Stat. 155.) AMENDMENTS 1981-Pub. L. 97-31 substituted "Secretary of Transportation" for "Commission", "The Secretary" for "It", "the Secretary" for "it", and "his" for "its" wherever appearing. For prior transfers of functions, see Transfer of Functions note below. REPEALS For provisional repeal, see note set out preceding section 801 of this title. TRANSFER OF FUNCTIONS "Commission" which meant the United States Maritime Commission, was substituted for "board", meaning the United States Shipping Board. For dissolution of the Board and transfer of its functions to United States Maritime Commission, see Ex. Ord. No. 6166, and act June 29, 1936. Ex. Ord. No. 6166 is set out as a note under section 901 of Title 5, Government Organization and Employees. For subsequent transfers of functions, see Reorg. Plan No. 6 of 1949, Reorg. Plan No. 21 of 1950, and Reorg. Plan No. 7 of 1961, set out under section 1111 of this title. § 812. Rebates and discriminations by carriers by water prohibited; use of “fighting ship" No common carrier by water shall, directly or indirectly, in respect to the transportation by water of passengers or property between a port of a State, Territory, District, or possession of the United States and any other such port or a port of a foreign country First. Pay or allow, or enter into any combination, agreement, or understanding, express or implied, to pay or allow a deferred rebate to any shipper. The term "deferred rebate" in this chapter means a return of any portion of the freight money by a carrier to any shipper as a consideration for the giving of all or any portion of his shipments to the same or any other carrier, or for any other purpose, the payment of which is deferred beyond the completion of the service for which it is paid, and is made only if, during both the period for which computed and the period of deferment, the shipper has complied with the terms of the rebate agreement or arrangement. Second. Use a fighting ship either separately or in conjunction with any other carrier, through agreement or otherwise. The term "fighting ship" in this chapter means a vessel used in a particular trade by a carrier or group of carriers for the purpose of excluding, preventing, or reducing competition by driving another carrier out of said trade. Third. Retaliate against any shipper by refusing, or threatening to refuse, space accommodations when such are available, or resort to other discriminating or unfair methods, because such shipper has patronized any other carrier or has filed a complaint charging unfair treatment, or for any other reason. Fourth. Make any unfair or unjustly discriminatory contract with any shipper based on the volume of freight offered, or unfairly treat or unjustly discriminate against any shipper in the matter of (a) cargo space accommodations or other facilities, due regard being had for the proper loading of the vessel and the available tonnage; (b) the loading and landing of freight in proper condition; or (c) the adjustment and settlement of claims. Any carrier who violates any provision of this section shall be guilty of a misdemeanor punishable by a fine of not more than $25,000 for each offense. (Sept. 7, 1916, ch. 451, § 14, 39 Stat. 733; June 5, 1920, ch. 250, § 20, 41 Stat. 996; Aug. 12, 1958, Pub. L. 85-626, § 1, 72 Stat. 574.) AMENDMENTS 1958-Pub. L. 85-626 provided, in last paragraph, that nothing in this chapter be construed to forbid dual rate contract arrangements in use by members of conference on May 19, 1958, unless regulatory body disapproves arrangement, and defined "dual rate contract arrangements". 1920-Act June 5, 1920, added the words "directly or indirectly" at the end of the first introductory paragraph and the rest of that paragraph. EFFECTIVE AND TERMINATION DATE OF 1958 Section 2 of Pub. L. 85-626 as amended by Pub. L. 86-542, June 29, 1960, 74 Stat. 253; Pub. L. 87-75, June 30, 1961, 75 Stat. 195; Pub. L. 87-252, § 2, Sept. 16, 1961, 75 Stat. 521, provided that: "This Act [amending this section] shall be effective immediately upon enactment [Aug. 12, 1958] and shall cease to be effective on and after October 15, 1961: Provided, however, That contracts in effect midnight September 14, 1961, shall remain in effect until midnight October 15, 1961, unless such contracts terminate earlier by their own terms, or are rendered illegal under the terms of the first section of this Act [amending this section]." REPEALS For provisional repeal, see note set out preceding section 801 of this title. TRANSFER OF FUNCTIONS All functions under this section vested in the Federal Maritime Board under the provisions of Reorg. Plan No. 21 of 1950, set out as a note under section 1111 of this title, transferred to the Federal Maritime Commission by section 103(a) of Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 840, set out as a note under section 1111 of this title. Section 104 of Reorg. Plan No. 7 of 1961, transferred to the Chairman of the Federal Maritime Commission the functions of the Chairman of the Federal Maritime Board, including his functions derived from the provisions of Reorg. Plan No. 6 of 1949, set out as a note under section 1111 of this title, to the extent that they relate to the functions transferred to the Commission by the provisions of section 103 of Reorg. Plan No. 7 of 1961, and the functions of the Secretary of Commerce to the extent that they are necessary for, or incidental to, the administration of the functions transferred to the Commission by the provisions of section 103 of Reorg. Plan No. 7 of 1961. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 813, 831 of this title. § 813. Determination by Commission as to violations The Federal Maritime Commission upon its own initiative may, or upon complaint shall, after due notice to all parties in interest and hearing, determine where any person, not a citizen of the United States and engaged in transportation by water of passengers or prop erty (1) Has violated any provision of section 812 of this title, or (2) Is a party to any combination, agreement, or understanding, express or implied, that involves in respect to transportation of passengers or property between foreign ports, deferred rebates or any other unfair practice designated in section 812 of this title, and that excludes from admission upon equal terms with all other parties thereto, a common carrier by water which is a citizen of the United States and which has applied for such admission. If the Federal Maritime Commission determines that any such person has violated any such provision or is a party to any such combination, agreement, or understanding, the Federal Maritime Commission shall thereupon certify such fact to the Secretary of Transportation or the Secretary of the Treasury. The Secretary shall thereafter refuse such person the right of entry for any ship owned or operated by him or by any carrier directly or indirectly controlled by him, into any port of the United States, or any Territory, District, or possession thereof, until the Federal Maritime Commission certifies that the violation has ceased or such combination, agreement, or understanding has been terminated. (Sept. 7, 1916, ch. 451, § 14a, as added June 5, 1920, ch. 250, § 20, 41 Stat. 996, and amended Ex. Ord. No. 6166, § 12, eff. June 10, 1933; June 29, 1936, ch. 858, §§ 204, 904, 49 Stat. 1987, 2016; Aug. 6, 1981, Pub. L. 97-31, § 12(28), 95 Stat. 155.) AMENDMENTS 1981-Pub. L. 97-31 substituted "Federal Maritime Commission" for "Commission" and "Secretary of Transportation or the Secretary of the Treasury" for "Secretary of Commerce" wherever appearing. For prior transfers of functions, see Transfer of Functions note below. |