text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/98

 98 STAT. 50

PUBLIC LAW 98-225—MAR. 2, 1984 Public Law 98-225 98th Congress

' ' ^ ' ' ^ " ^ ' ' ' ' """^* Joint Resolution

Mar. 2, 1984 [S.J. Res. 184]

To designate the week of March 4, 1984, through March 10, 1984, as "National Beta Club Week'\

Whereas the Beta Club recognizes those high school students who have displayed outstanding qualities of leadership and the highest standards of honesty, achievement, and service to others; Whereas the Beta Club significantly contributes to the motivation of students to acquire necessary education by rewarding such students for displaying such outstanding qualities, and thereby contributes to the development of responsible citizens; Whereas January 9, 1984, marks the fiftieth anniversary of the founding of the Beta Club for the purpose of recognizing the meritorious achievements of exemplary students; and Whereas it is appropriate to give recognition to the Beta Club for its significant accomplishments toward the development of the youth of the Nation: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of March 4, 1984, through March 10, 1984, is designated as "National Beta Club Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the week with appropriate programs, ceremonies, and activities. Approved March 2, 1984.

....

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LEGISLATIVE HISTORY—S.J. Res. 184: CONGRESSIONAL RECORD, Vol. 130 (1984): Feb. 27, considered and passed Senate. Feb. 29, considered and passed House.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/99

 PUBLIC LAW 98-226—MAR. 5, 1984 Public Law 98-226 98th Congress

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98 STAT. 51 .. -^

Joint Resolution Designating March 6, 1984, as "Frozen Food Day".

Whereas the United States of America is blessed with an impressive array of agricultural products that make the food production and distribution system of the Nation the envy of the world; Whereas throughout history one of the primary goals of human effort has been the production of food; Whereas the farm-to-city migration created a great demand for food supplies in dense population centers in which such supplies could not be grown; Whereas the international frozen food industry started in the United States with vegetables, fruit, meat, and fish being first packaged and offered to consumers in 1930; Whereas between 1935 and 1940 frozen foods were provided to the public on a large scale, and during World War II ration point values posted in stores and carried in newspapers focused public attention on frozen foods; Whereas frozen food became a meaningful part of the space age when Apollo XII astronauts took frozen meals on board and seventy-two frozen food items were stored on skylab for a fivehundred-day supply of meals for the crew; Whereas the American frozen food industry has worked closely with producers and has continued research and development for the purpose of seeking better ways to bring the nutrition, quality, and taste of American agricultural products to the American consumer; and Whereas in March 1984 the frozen food industry in the United States will celebrate the fifty-fourth year of service to the American people and the people of the world: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That in recognition of the significant contribution which the frozen food industry in the United States has made and continues to make to the nutritional well-being of the American people by enabling them to

Mar. 5, 1984 [S.J. Res. 193]'

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/100

 98 STAT. 52

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PUBLIC LAW 98-226—MAR. 5, 1984 share in the agricultural abundance of the Nation, March 6, 1984, is hereby designated as "Frozen Food Day". The President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved March 5, 1984.

LEGISLATIVE HISTORY—S.J. Res. 193: CONGRESSIONAL RECORD, Vol. 130 (1984): Feb. 27, considered and passed Senate. Feb. 29, considered and passed House.

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text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/101

 PUBLIC LAW 98-227—MAR. 5, 1984 Public Law 98-227 98th Congress

98 STAT. 53

'. ' rtii i " 5\i^?< ' ' ' Joint Resolution

Designating the week beginning March 4, 1984, as "Women's History Week".

Whereas American women of every race, class, and ethnic background have made historical contributions to the growth and strength of the Nation in countless recorded and unrecorded ways; Whereas American women have played and continue to play a critical economic, cultural, and social role in every sphere of our Nation's life by constituting a significant portion of the labor force working in and outside of the home; Whereas American women have played a unique role throughout our history by providing the majority of the Nation's volunteer labor force and have been particularly important in the establishment of early charitable philanthropic and cultural institutions in this country; Whereas American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement, not only to secure their own right of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the peace movement, and the modern civil rights movement; Whereas, despite these contributions, the role of American women in history has been consistently overlooked and undervalued in the body of American history: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week beginning March 4, 1984, is designated as "Women's History Week", and the President is requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved March 5, 1984.

LEGISLATIVE HISTORY—H.J. Res. 422: CONGRESSIONAL RECORD, Vol. 130 (1984): Feb. 29, considered and passed House. Mar. 1, considered and passed Senate.

Mar. 5, 1984 [H.J. Res. 422]"

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text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/102

 98 STAT. 54

PUBLIC LAW 98-228—MAR. 7, 1984 Public Law 98-228 98th Congress

mi-b\i r^st^'i^^ Joint Resolution

Mar. 7, 1984 [H.J. Res. 292]

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Designating "National Theatre Week",

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Whereas many Americans have devoted much time and energy for advancing the cause of theatre; and Whereas the theatres of America have pioneered the way for many performers and have given them their start in vaudeville and stage; and Whereas theatre is brought to Americans through high schools, colleges, and community theatre groups as well as through professional acting companies; and Whereas citizens of America have been called upon to support the theatre arts in the Nation's interest; and Whereas many individuals and organizations are hailing the strength and vitality of the theatres of America: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week of June 3 through June 9, 1984, shall be designated "National Theatre Week" and the President is authorized and requested to issue a proclamation calling upon the people, and all citizens are urged to support this effort with assistance to theatres throughout the country. Approved March 7, 1984.

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LEGISLATIVE HISTORY—H.J. Res. 292:

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CONGRESSIONAL RECORD: Vol. 129 (1983): Oct. 26, considered and passed House. Vol. 130 (1984): Feb. 27, considered and passed Senate.

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text:
Page:The Yellow Book - 06.djvu/245

 He rose and softly descended the stairs to his study. The house lay in the quiet of sleep, and within the solitude of that rich room he, too, was as still as the sleepers. The inferior parts of the window formed a blind of stained glass, but the grey light flowed through the upper panes into a magnificent wilderness. The cold ashes of the fire, by which he had sat at his task late into the morning, lay still within the grate. The little ensigns of a human presence, the scattered papers, the dirty hearth, all the instruments of his work, looked mean and squalid within the spacious dignity of that high room. He lit the gas and sat down to his table, moving his restless fingers among the papers. It was as if his members arrogantly claimed their independence, and refused the commands of a weak brain. His mind had abrogated. His hands shifted furtively like the hands of a pickpocket: they wandered among the papers and returned to him. The clock droned out the hour slowly, and at that he started, shook his wits together, and began in haste to turn about the documents. He knew now the sheet of which he had sent his hands in quest. Large and blue and awful, it had been his ghost throughout the night. He could see the figures scrawled upon it in his own tremulous writing, rows upon rows of them, thin and sparse and self-respecting at the top, but to the close, fevered, misshapen, and reckless, fighting and jostling in a crowd for space upon the page. He laid his hand upon the horrible thing; he opened his ledgers; and sat deciphering once more his own ruin.

The tragedy lay bare to his shrinking eyes; it leaped forth at him from the blurred and confused figures. There was no need to rehearse them; he had reiterated them upon a hundred scrolls in a hundred various ways these many weeks. They had become his enemies, to deceive whom he had invoked the wreck of a fine intelligence. He had used all the wiles and dodges of a cunning mind

title: Page:The Yellow Book - 06.djvu/245


text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/103

 PUBLIC LAW 98-229—MAR. 9, 1984

STAT. 55

Public Law 98-229 98th Congress An Act To apportion certain funds for construction of the National System of Interstate and Defense Highways for fiscal year 1985 and to increase the amount authorized to be expended for emergency relief under title 23, United States Code, and for other purposes.

Mar. 9, 1984 [H.R. 4957]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary 23 USC 104 note. of Transportation shall apportion for the fiscal year ending September 30, 1985, one-half of the sums authorized to be appropriated for such year by section 108(b) of the Federal-Aid Highway Act of 1956, as amended, for expenditures on the National System of Interstate 23 USC loi note. and Defense Highways, using the apportionment factors contained in revised table 5 of the committee print numbered 98-10 of the Committee on Public Works and Transportation of the House of ^^ ' " * ' Representatives. SEC. 2. The Secretary of Transportation shall apportion for the fiscal year ending September 30, 1984, one-half of the sums to be apportioned for such year under section 103(e)(4) of title 23, United States Code, for expenditure on substitute highway and transit projects, using the apportionment factors contained in the committee print numbered 98-11 of the Committee on Public Works and Transportation of the House of Representatives. SEC. 3. In addition to any amounts authorized to be appropriated Appropriation by section 125 of title 23, United States Code, for the fiscal year authorization. ending September 30, 1984, there is authorized to be appropriated, out of the Highway Trust Fund (other than the Mass Transit Account), for such fiscal year $150,000,000 to carry out such section. SEC. 4. The proviso in the first sentence of subsection (b) of section 125 of title 23, United States Code, limiting the aggregate amount of obligations for projects under such section, shall not apply to funds authorized to be appropriated by section 3 of this Act. SEC. 5. A project to alleviate flooding conditions caused by an Flood control. inadequate box culvert under an Interstate highway in the vicinity Louisiana. of Carencro, Louisiana— (1) by removal of such box culvert and construction of one or more bridges, or (2) by construction of drainage ditches, at a cost not to exceed $2,000,000, shall be eligible for assistance under section 125 of title 23, United States Code. SEC. 6. A project to repair or reconstruct any portion of a Federal- California. aid primary route in San Mateo County, California, which was destroyed as a result of a combination of storms in the winter of 1982-1983 and a mountain slide and which, until its destruction, had served as the only reasonable access between two cities and as the designated emergency evacuation route of one of such cities shall be eligible for assistance under section 125 of title 23, United States Code. SEC. 7. Upon application by the State of Maryland, and after Maryland. approval of withdrawal by the Secretary of Transportation of

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text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/104

 PUBLIC LAW 98-229—MAR. 9, 1984

98 STAT. 56

23 USC 104.

S'ior 23 USC 118.

23 USC 103, 139.

92 Stat. 2692.

23 USC 120. Bridges. Illinois.

unbuilt portions of Interstate route 1-83 in Baltimore, Maryland, under section 103(e)(4) of title 23, United States Code, the Secretary shall transfer $100,000,000 from the apportionment of such State under section 104(b)(5)(A) of such title to the apportionment of such State under section 104(b)(5)(B) of such title. Upon transfer of such funds, the estimate of the cost of completing substitute highway projects in such State prepared under section 103(e)(4) of such title shall be reduced by $100,000,000. Of funds apportioned to such State under section 104(b)(5)(B) of such title, $100,000,000 shall be obligated for resurfacing, restoring, rehabilitating, and reconstructing portions of such Interstate route open to traffic. Any funds transferred under this section shall continue to be available for expenditure in such State until the last day of the second fiscal year following the fiscal year in which such transfer is made. Any amount of funds so transferred which have not been obligated by such last day shall lapse and shall be made available by the Secretary for projects under section 118(b)(3) of such title. SEC. 8. (a) The last sentence of section 139(a) and the fourth sentence of section 139(b) of title 23, United States Code, are amended to read as follows: "The designation of a highway as part of the Interstate System under this subsection shall create no Federal financial responsibility with respect to such highway; except that any State may use funds available to it under sections 104(b)(l) and 104(b)(5)(B) of this title for the resurfacing, restoring, rehabilitating, and reconstructing of any highway designated as a route on the Interstate System under this subsection before the date of enactment of this sentence.". (b) Subsection (a) of section 119 of title 23, United States Code, is amended to read as follows: "(a) The Secretary may approve projects for resurfacing, restoring, rehabilitating, and reconstructing routes on the Interstate System designated under sections 103 and 139(c) of this title and routes on the Interstate System designated before the date of enactment of this sentence under section 139(a) and (b) of this title; except that the Secretary may only approve a project pursuant to this subsection on a toll road if such road is subject to a Secretarial agreement provided for in section 105 of the Federal-Aid Highway Act of 1978. Sums authorized to be appropriated for this section shall be out of the Highway Trust Fund and shall be apportioned in accordance with section 104(b)(5)(B) of this title. The Federal share for any project under this subsection shall be that set forth in section 120(c) of this title.". SEC. 9. Construction of any bridge— (1) which will be part of a four-lane expressway on the Federal-aid primary system in the vicinity of Valley City, Illinois, and Florence, Illinois; (2) construction of which received discretionary funding in fiscal year 1979 under the third sentence of section 144(g) of title 23, United States Code; and

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text:
Page:The Yellow Book - 06.djvu/244

 nimble and elusive for his tired brain; they danced out of reach, and he followed blindly till a deeper darkness fell. They grew faint and shadowy, like wraiths in a mist, and he pursued the glancing shadows. Finally, his brain grew blank; it was as if consciousness had lapsed; and he found himself regarding a fly that crawled upon the pane. Outside lay the oppression of that appalling scene that horrified him—he knew not why.

Rosewarne was growing used to these nervous exhibitions. This unequal struggle had been repeated through many weeks, but he had always so far come out of it with personal security. The dread that some day he would fail continually haunted him, and increased the strain of the conflict. He wondered what lay at the back of this horrible condition, and shuddered as he wondered. And he knew now that he must not let himself adrift, but must dispose the devils by every means. He broke into a whistle, and moved about the room carelessly. It was a lively stave from the streets that his lips framed, but it conveyed to him no sense of sound. He perambulated the chamber with a false air of cheerfulness. He eyed the bed with his head askew, winking as if to share a jest with it. He patted the pillows, arranging and disarranging them in turn. He laughed softly, merrily, emptily. He seized the dumb bells from the mantelpiece and whirled them about his head; he chafed his hands, he rubbed his flesh. Little by little the blood moved with more content through his body, and the pulse of his heart sank slowly.

Outside, the dawn brightened and the wind came faster. Rose warne looked forth and nodded; then he turned and left the room, his face flashing as he passed the mirror, like the distempered face of a corpse. Across the landing he paused before a door, and, bending to the keyhole, listened; little low sounds of life came to his ears, and suddenly his haggard face crowded with emotions. He

title: Page:The Yellow Book - 06.djvu/244


text: Author:Lucy Mabel Hall-Brown

title: Author:Lucy Mabel Hall-Brown


text: Dictionary of National Biography, 1885-1900/Wolsey, Thomas


text:
Author:Clement Milton Hammond

Articles in Popular Science Monthly

 * 1.

title: Author:Clement Milton Hammond


text:
Page:The Yellow Book - 06.djvu/246

 mind to entrap them to his service. He had spent a weary campaign upon them, storming them with fresh troops of figures, deploying and ambuscading with all the subterfuge of a subtle business mind. But there now, as at the outset of his hopeless fight, the issue remained unchanged; the terrible sum of his sin abided, unsubtracted, undivided, unabridged. As he regarded it at this moment it seemed to assume quickly a vaster proportion. His crime cried out upon him, calling for vengeance in his ears. Seizing a pen, eagerly, vacantly, he set forth anew to recompose the items.

Rosewarne worked on for a couple of hours, holding his quivering fingers to the paper by the sheer remnants of his will. His brain refused its offices, and he stumbled among the numerical problems with false and blundering steps. To add one sum to another he must ransack the litter of his mind; the knowledge that runs glibly to the tongue of a child he must rediscover by persistent and arduous concentration. But still he kept his seat, and jotted down his cyphers. About him the house stirred slowly; noises passed his door and faded; the grim and yellow sun rose higher and struck upon the table, contending with the gaslight. But Rosewarne paid no heed; he wrestled with his numb brain and his shivering fingers, wrestled to the close of the page; where once more the hateful figures gleamed in bold ink, menacing and blinking, his old ghost renewed and invested with fresh life.

The pen dropped from his hand, his head fell upon his arms, and as he lay in that helpless attitude of despair that protests not, of misery that can make no appeal, the door fell softly open and his wife entered.

"Freddy, whatever are you doing here like this?" she said, with surprise in her voice. "Have you gone to sleep?" Rosewarne

title: Page:The Yellow Book - 06.djvu/246


text: Author:George Harley

title: Author:George Harley


text:
Author:Robert Hartmann

Articles in Popular Science Monthly

 * 1.

title: Author:Robert Hartmann


text: Author:Ellen DeWitt Hatch

title: Author:Ellen DeWitt Hatch


text:
Author:Charles Hanford Henderson

Books

 * Pay-Day (1911)

title: Author:Charles Hanford Henderson


text:
Author:Karl Hennings

Articles in Popular Science Monthly

 * 1.

title: Author:Karl Hennings


text:
Author:Heinrich Hensoldt

Articles in Popular Science Monthly

 * 1.

title: Author:Heinrich Hensoldt


text:
Page:The Yellow Book - 06.djvu/247

 Rosewarne lifted his head sharply and turned to her. Athwart the pallor of his face gleamed for an instant a soft flush of pleasure, and his dull eyes lit up with affection.

"I was doing some work, Dorothy," said he, "and I was tired."

Mrs. Rosewarne took a step nearer. Her fine grey eyes regarded him with wonder and with inquiry, and in her voice a little impatience mingled with a certain kindliness. "It's very absurd your working like this," she said, "and in this cold room without a fire? Aren't you coming to break fast?"

Rosewarne got up from his chair. "Why, yes," he laughed. "Of course. I didn't realise it was ready. Oh, Dolly dear," he paused and put his hand to his head with a look of perplexity; then his face lightened. "Dolly, I've got something for you." "For me!" she asked, and the curve of her lips drooped in a pretty smile of curiosity.

He fumbled in a drawer and withdrew a packet.

"Yes, darling. You know what day it is. It's your birthday, and you're twenty——"

"Oh, for goodness sake, Freddy, don't," she interrupted with a touch of impatience; and then opening the packet examined the contents with care. The light dawned in her eyes. "How very pretty! I was in need of a bracelet. Freddy, you are a good boy. But come, you mustnt catch cold. Come into the dining-room, and get warm, you simpleton."

She patted him softly on the head, and fell again to the scrutiny of her present. Rosewarne did not move, but watched her, smiling. "Aren't you coming?" she asked, looking up at last.

His eyes met hers and pleaded with them dumbly, but she made no sign, returning once more to her jewels. Isn't

title: Page:The Yellow Book - 06.djvu/247


text:
Page:The Yellow Book - 06.djvu/235

 A Madrigal

By Olive Custance

! leave my soul like forest pool

In shadow smiling unafraid—

Let not thy laughter stir its cool

Clear depths, sweet maid,

Let not, I pray, thy sunlike hair

Pierce to the thoughts that slumber there!

My soul is still as summer noon—

Its inmost shrines are full of sleep;

But when the stars of dreamland swoon

'Twill wake and weep;

The dawn of Love that brings thy blue

Bright eyes, will bring a sorrow too!

My soul is silent—trouble not

Its secret reveries with thy songs.

The rare red tint thy lips have got!

The whole world longs

To kiss them—therefore speak not, dear;

My soul must struggle, should it hear.

I see

title: Page:The Yellow Book - 06.djvu/235


text:
Page:Narrative of an Official Visit to Guatemala.djvu/98

78 large silver salvers, filled with various kinds of sweetmeats, disposed in fantastic shapes. It was a present, they said, from a lady to me. I had no difficulty in resolving from whom this mark of polite attention came: it was the present of the amiable Doña Gertrudis, who, at times, sent me also other dainties to satisfy for, what, I have no doubt, she felt a breach of hospitality on her part,—her not having prevailed upon me to take up my abode in her house.

I must now introduce my readers to Don Simon B—o, a dependiente or managing man of the establishment of the family to which I was consigned at Guatemala. He was about five feet six in height, dark complexion, black eyes and hair, with hollow cheeks and of slender stature. His employment was to make sales of the indigo and other articles produced on the family estate, also to purchase wearing apparel and other European goods at the capital; disposing of them either wholesale at the warehouse at Sonsonate, or retailing them,


text: Author:Christian Archibald Herter

title: Author:Christian Archibald Herter


text:
Page:Narrative of an Official Visit to Guatemala.djvu/99

CH. VI.] in his journeys which he occasionally made through the provinces, on account of the firm. He was a Guatemalian traveller, in that sense of the appellation best understood in the commercial world. His journey to the metropolis was fixed for the 16th; and I was anxious to set out as soon as possible. As he was the very character I wished to fall in with, being, as he was, so well fitted to acquaint me with the practical detail of the manner and habits of the trade of these countries, I endeavoured to induce him to depart with me on an earlier day: he was a kind, good natured, man, but had a dash of pomp about him, which shewed a just estimation of the importance of his own functions, and gave me a lesson as to the respect and consideration due to them, which I endeavoured not to forget. I cannot pretend to describe characters with the inimitable pencil of Washington Irving; I would, therefore, merely say that he was his "Master Simon," entered into business.


text:
Author:C. Herzog

Articles in Popular Science Monthly

 * 1.

title: Author:C. Herzog


text:
Page:The Yellow Book - 06.djvu/234

 you investigate? Instead of that, like a fool, you rushed off to Master's room, did you, and left that in the paper. Didn't you know any better than to rush off to that besotted hound?"

"You don't think, do you," cried Hunt, "that I was going to let him kill himself if I could help it?"

"That was none of your business," retorted Conant. "You should have investigated. You're responsible for what goes into the paper. You don't think, do you, that I hired you as Master s keeper?"

"No," cried Hunt, I don't—Cain."

Conant paid no attention. The bell rang and the copy-box clattered down with the proof of Conant s editorial article. Conant jumped for it, and looked through it rapidly. " Here," he said to Somers, "scratch out what s said about the April fool, and add a few words about the death: say, the most charitable view is that his lies were the result of insanity. And send a revised proof to all the papers."

title: Page:The Yellow Book - 06.djvu/234


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Page:Narrative of an Official Visit to Guatemala.djvu/100

80 The strictness of his arrangements would not allow of their being put aside: and as the business upon which I was travelling was of very different importance, I, of course, accommodated myself to the plans of my proposed companion.

I used to go to bathe, about two miles from the town, in a small river called the Tequisquilco, the water of which is beautifully transparent and cool. It was formed, a few years since, by the irruption of Isalco, the volcano of Sonsonate, which is about fifteen leagues off. It is eighty years since its first irruption took place: the same, however, has been carried on, at intervals, and frequent light shocks of earthquakes are, consequently, experienced in the neighbourhood. It is most dangerous when not burning; so that the flames I saw issuing from it were at once awful and satisfactory.

The inhabitants of Sonsonate, particularly the Creoles, are dreadfully afflicted with the goître, or as they here call them,


text:
Author:Thomas Hill (1818-1891)

Works

 * First lessons in geometry (1855)

Articles in Popular Science Monthly

 * 1.

title: Author:Thomas Hill (1818-1891)


text:
Page:The Yellow Book - 06.djvu/233

 "Why," said Conant, rapping the paper fiercely, "did you let that get into the second edition? "

"It came up all right, and so I printed it," said Hammond coolly. "I didn't read it—I don't edit the paper."

"Well, then why didn't you set it in time for the first edition?"

"When you don't make me let all the 'comps' go the moment there is any danger of their getting paid for waiting time, perhaps I can have enough men about to set up late stuff to catch the first edition. And perhaps you d better spend a little money and get us a few more cases of agate."

"What did you print in agate for, anyway?" "It was marked agate, and your rule is for letters to be in agate anyhow. That copy came up very late. I had all I could do to get it into the paper. The proofs weren't read. There wasn't time."

Foiled here, Conant turned again upon Hunt. "When you saw what you did in the paper, why didn't you investigate? It don't make any difference whether you saw the whole of it or not. It was your business to see it. If you didn't, so much the worse for you. I won't have any such jokes played in my paper."

"There's no joke about it," said Hunt quietly. "I went to his room just as soon as I saw the notice in the paper. He'd done just what he said. He's dead."

"What's that?" cried Conant. "You're lying. Master hadn't the sand. This is a new trick."

"Well," retorted Hunt hotly, "if you don't believe it, you just wait till you read it in the afternoon papers, that's all. I tell you he's dead."

"Well, it s d—d lucky for him he is, that s all," said Conant. "That lets him out; but it don't help you a bit. Why didn't you

title: Page:The Yellow Book - 06.djvu/233


text:
Author:Lewis Hochheimer

Articles in Popular Science Monthly

 * 1.

title: Author:Lewis Hochheimer


text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/105

 PUBLIC LAW 98-229—MAR. 9, 1984 (3) construction of which, on May 1, 1983, was prohibited by judicial injunction; shall be eligible for assistance under section 144 of such title. SEC. 10. Section 165(a) of the Surface Transportation Assistance Act of 1982 is amended by striking out", cement,".

98 STAT. 57

23 USC 144. 23 USC loi note.

I Approved March 9, 1984. filift: '^'*>? li j:

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LEGISLATIVE HISTORY—H.R. 4957: CONGRESSIONAL RECORD, Vol. 130 (1984): Feb. 29, considered and passed House. Mar. 2, considered and passed Senate.

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text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/106

 98 STAT. 58

PUBLIC LAW 98-230—MAR. 12, 1984 Public Law 98-230 98th Congress

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Joint Resolution Mar. 12, 1984 [S.J. Res. 161]

To designate the month of April 1984, as "National Child Abuse Prevention Month".

Whereas the incidence and prevalence of child abuse and neglect have reached alarming proportions in the United States; Whereas an estimated two million children become victims of child abuse in this Nation each year; Whereas an estimated two thousand of these children die as a result of such abuse each year; Whereas the Nation faces a continuing need to support innovative programs to prevent child abuse and assist parents and family members in which child abuse occurs; Vhereas Congress has expressed its commitment to seeking and applying solutions to this problem by enacting the Child Abuse Prevention and Treatment Act of 1974; Whereas many dedicated individuals and private organizations, including the National Exchange Club Foundation for the Prevention of Child Abuse, Parents Anonjrmous, the National Committee for the Prevention of Child Abuse, American Humane Association, and other members of the National Child Abuse Coalition, are working to counter the ravages of abuse and neglect to help child abusers break this destructive pattern of behavior; Whereas the average cost for a public welfare agency to serve a family through a child abuse program is twenty times greater than self-help programs administered by private organizations; Whereas organizations, such as the National Exchange Club Foundation for the Prevention of Child Abuse, Parents Anonymous and other members of the National Child Abuse Coalition are expediting efforts to prevent child abuse in the next generation through special programs for abused children; and Whereas it is appropriate to focus the attention of the Nation upon the problem of child abuse: Now, therefore, be it

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text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/107

 PUBLIC LAW 98-230—MAR. 12, 1984

98 STAT. 59

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the month of April 1984, is designated as "National Child Abuse Prevention Month" and the President of the United States is authorized and requested to issue a proclamation calling upon all Government agencies and the people of the United States to observe the month with appropriate programs, ceremonies, and activities. Approved March 12, 1984. 5

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LEGISLATIVE HISTORY—S.J. Res. 161: CONGRESSIONAL RECORD: Vol. 129 (1983): Nov. 10, considered and passed Senate. Vol. 130 (1983): Feb. 29, considered and passed House.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/108

 98 STAT. 60

PUBLIC LAW 98-231—MAR. 14, 1984 Public Law 98-231 98th Congress An Act

Mar. 14, 1984 [S. 2354]

16 USC 1132 ^°^-

To rename the "River of No Return Wilderness" in the State of Idaho as the "Frank Church—River of No Return Wilderness".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in recognition of the significant contributions and the tireless efforts of Frank Church in the establishment and designation of the River of No Return Wilderness in the State of Idaho, the "River of No Return Wilderness" established by the Act of July 23, 1980, Public Law 96-312 (94 Stat. 948) shall hereafter be known as the "Frank Church—River of No Return Wilderness". SEC. 2. The Secretary of Agriculture is hereby authorized to take such actions as may be necessary to implement the provision of this Act. Approved March 14, 1984.

LEGISLATIVE HISTORY—S. 2354:

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CONGRESSIONAL RECORD, Vol. 130 (1984): Mar. 1, considered and passed Senate. Mar. 8, considered and passed House.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/109

 PUBLIC LAW 98-232—MAR. 14, 1984 Public Law 98-232 98th Congress

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98 STAT. 61 a «

Joint Resolution To proclaim the month of March 1984, as "National Social Work Month".

Whereas a productive and rewarding life for all of our citizens is a major goal of our Nation; and Whereas for millions of people in our society adverse economic and social conditions create severe stresses and an inability to cope with life situations; and Whereas countless numbers of Americans through accidents, birth, or illness develop physical, emotional, and mental impairments; and Whereas professional social workers are advocates for sound and humane public policies and services; and Whereas professional social workers are in the vanguard of the forces working to provide protection for children and the aged, the reduction of racism and sexism and the prevention of the social and emotional disintegration of individuals and families; and Whereas professional social workers constitute the largest group of professionals engaged in the treatment and recovery of those individuals who have become emotionally and mentally ill; and Whereas in recognition of professional social workers continuing efforts to provide the opportunities for a life of accomplishment, dignity, and purpose for all people: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue a proclamation designating the month of March 1984, as "National Social Work Month", and calling upon the people of the United States to observe the month with appropriate programs, ceremonies, and activities. Approved March 14, 1984.

LEGISLATIVE HISTORY—S.J. Res. 112: CONGRESSIONAL RECORD, Vol. 130 (1984): Feb. 27, considered and passed Senate. Mar. 8, considered and passed House.

Mar. 14, 1984 [S.J. Res. 112]

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Page:United States Statutes at Large Volume 98 Part 1.djvu/110

 98 STAT. 62

PUBLIC LAW 98-233—MAR. 14, 1984 Public Law 98-233 98th Congress

ci?si. Joint Resolution

Mar. 14, 1984 [S.J. Res. 225]

Designating the month of March 1984 as "National Eye Donor Month". Whereas one million four hundred thousand Americans suffer from serious disorders of the eye, many of which can be eased by the efforts of eyebanks; Whereas eyebanks in the United States have grown from a single institution in 1944 to ninety-three in 1984; Whereas eyebanks have sought to encourage research into the prevention and treatment of eye disease and injury in the United States; Whereas some one hundred and fifty thousand Americans have had their vision restored and twenty-two thousand to twenty-five thousand such operations are performed annually in the United States; and Whereas increased national awareness of the benefits of eye donations has lent impetus to expanded research activities, and helps Americans affected by blinding diseases: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the month of March 1984, is designated as "National Eye Donor Month", and the President is authorized and requested to issue a proclamation calling on all citizens to join in recognizing this humanitarian cause with appropriate activity. Approved March 14, 1984.

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LEGISLATIVE HISTORY—S.J. Res. 225: CONGRESSIONAL RECORD, Vol. 130 (1984): Feb. 27, considered and passed Senate. Mar. 8, considered and passed House.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/111

 PUBLIC LAW 98-234—MAR. 16, 1984 Public Law 98-234 98th Congress

98 STAT. 63 =

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Joint Resolution Authorizing and requesting the President to designate the second full week in March 1984 as "National Employ the Older Worker Week".

Mar. 16, 1984 [S.J. Res. 205]

Whereas individuals aged fifty-five and over are a major national resource, constitute 22 per centum of the population of the United States at the present time, and are likely to constitute a larger percentage of the population in future decades; Whereas a growing number of such individuals, being willing and able to work, are looking for employment opportunities, want to remain in the work force, or would like to serve their communities and their Nation in voluntary roles; Whereas such individuals, who have made continuing contributions to the national welfare, should be encouraged to remain in, or resume, career and voluntary roles that utilize their strengths, wisdom, and skills; Whereas career opportunities reaffirm the dignity, self-worth, and independence of older individuals by encouraging them to make decisions and to act upon those decisions, by tapping their resources, experience, and knowledge, and by enabling them to contribute to society; Whereas the operation of title V of the Older Americans Act of 1965 42 USC 3041. has demonstrated that older workers are extremely capable in a wide variety of job roles; Whereas recent studies conducted by the United States Department of Labor and the Work in America Institute indicate that, in many cases, employers prefer to retain older workers or rehire former older employees due to the high quality of their job performance and their low rate of absenteeism; and Whereas the American Legion has sponsored a "National Employ the Older Worker Week" during the second full week of March in every year since 1959, focusing public attention on the advantages of employing older individuals: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to designate the second full week in March 1984 as "National Employ the Older Worker Week", and to issue a proclamation calling upon— (1) the employers and labor unions of the United States to give special consideration to older workers, with a view toward expanding career and employment opportunities for older workers who are willing and able to work and who desire to remain employed or to reenter the work force; (2) voluntary organizations to reexamine the many fine service programs which they sponsor with a view toward expanding both the number of older volunteers and the types of service roles open to older workers; (3) the United States Department of Labor to give special assistance to older workers by means of job training programs

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Page:United States Statutes at Large Volume 98 Part 1.djvu/112

 98 STAT. 64 29 USC 1501 "°^42 USC 3041.

PUBLIC LAW 98-234—MAR. 16, 1984 under the Jobs Training and Partnership Act, job counseling through the United States Employment Service, and additional support through its Older Worker program, as authorized by title V of the Older Americans Act; and (4) the citizens of the United States to observe this day with appropriate programs, ceremonies, and activities. Approved March 16, 1984.

LEGISLATIVE HISTORY—S.J. Res. 205: CONGRESSIONAL RECORD, Vol. 130 (1984): Feb. 27, considered and passed Senate. Mar. 14, considered and passed House.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/113

 PUBLIC LAW 98-235—MAR. 19, 1984 Public Law 98-235 98th Congress

98 STAT. 65

t An Act

To raise the retirement age for judges of the Superior Court of the District of Columbia and judges of the District of Columbia Court of Appeals.

Mar. 19, 1984 [H.R. 3655]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1502 of title 11 of the District of Columbia Code is amended by striking out "70" and inserting in lieu thereof "74". SEC. 2. Section 903 of title 11 of the District of Columbia Code is amended by striking out "forty-three" and inserting in lieu thereof "fifty". SEC. 3. Notwithstanding the time limitations of section 434(d)(l) of the District of Columbia Self-Government and Governmental Reorganization Act, the District of Columbia Judicial Nomination Com- 87 Stat. 796. mission shall submit lists, pursuant to such section, for initial nominations and appointments to judicial positions created under this Act, within ninety days after the date of enactment of this Act. Approved March 19, 1984.

LEGISLATIVE HISTORY-H.R. 3655: HOUSE REPORT No. 98-394 (Comm. on the District of Columbia). CONGRESSIONAL RECORD: Vol. 129 (1983): Oct. 4, considered and passed House. Vol. 130 (1984): Feb. 9, considered and passed Senate, amended. Feb. 22, House concurred in Senate amendment with an amendment. Mar. 2, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 12 (1984): Mar. 19, Presidential statement.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/114

 98 STAT. 66

PUBLIC LAW 98-236—MAR. 20, 1984 Public Law 98-236 98th Congress

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An Act Mar. 20, 1984 [H.R. 2173]

Contract DriT'Dependent Federar^^" ^" Offenders Authorization ^""^ ""^ ^^^'^

To amend the Contract Services for Drug Dependent Federal Offenders Act of 1978 to authorize additional appropriations to carry out such Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may ^^ ^^^®^ ^® *^® "Contract Services for Drug Dependent Federal Offenders Authorization Act of 1983". SEC. 2. Section 4(a) of the Contract Services for Drug Dependent Federal Offenders Act of 1978 (18 U.S.C. 4255 note) is amended— (1) by striking out "1981; and" and inserting in lieu thereof "1981;", and (2) by inserting before the period at the end thereof the following: "; $5,000,000 for the fiscal year ending September 30, 1984; $5,500,000 for the fiscal year ending September 30, 1985; and $6,000,000 for the fiscal year ending September 30, 1986.". Approved March 20, 1984.

LEGISLATIVE HISTORY—H.R. 2173: HOUSE REPORT No. 98-87 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 129 (1983): May 9, considered and passed House. Vol. 130 (1984): Mar. 8, considered and passed Senate.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/115

 PUBLIC LAW 98-237—MAR. 20, 1984

98 STAT. 67

Public Law 98-237 98th Congress

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An Act To improve the international ocean commerce transportation system of the United States.

Mar. 20, 1984 [S. 47]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may Shipping Act be cited as the "Shipping Act of 1984". «f J?!^.

46 USC app. 1 (01 note.

TABLE OF CONTENTS Sec. 2. Declaration of policy. Sec. 3. Definitions. Sec. 4. Agreements within scope of Act. Sec. 5. Agreements. Sec. 6. Action on agreements. Sec. 7. Exemption from antitrust laws. Sec. 8. Tariffs. Sec. 9. Controlled carriers. Sec. 10. Prohibited acts. Sec. 11. Complaints, investigations, reports, and reparations. Sec. 12. Subpenas and discovery. Sec. 13. Penalties. Sec. 14. Commission orders. Sec. 15. Reports and certificates. Sec. 16. Exemptions. Sec. 17. Regulations. Sec. 18. Agency reports and advisory commission. Sec. 19. Ocean freight forwarders. Sec. 20. Repeals and conforming amendments. Sec. 21. Effective date. Sec. 22. Compliance with Budget Act.

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SEC. 2. DECLARATION OF POLICY.

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The purposes of this Act are— (1) to establish a nondiscriminatory regulatory process for the common carriage of goods by water in the foreign commerce of the United States with a minimum of government intervention and regulatory costs; (2) to provide an efficient and economic transportation system in the ocean commerce of the United States that is, insofar as possible, in harmony with, and responsive to, international shipping practices; and (3) to encourage the development of an economically sound and efficient United States-flag liner fleet capable of meeting national security needs. SEC. 3. DEFINITIONS.

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As used in this Act— (1) "^reement" means an understanding, arrangement, or association (written or oral) and any modification or cancellation thereof; but the term does not include a maritime labor (2) "antitrust laws" means the Act of July 2, 1890 (ch. 647, 26 Stat. 209), as amended; the Act of October 15, 1914 (ch. 323, 38 15 USC i. Stat. 730), as amended; the Federal Trade Commission Act (38 15 USC 12.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/116

 98 STAT. 68 15 USC 41. 15 USC 8. 9. 15 USC 13. 15 ysc 1311

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PUBLIC LAW 98-237—MAR. 20, 1984 Stat. 717), as amended; sections 73 and 74 of the Act of August 27, 1894 (28 Stat. 570), as amended; the Act of June 19, 1936 (ch. 592, 49 Stat. 1526), as amended; the Antitrust Civil Process Act (76 Stat. 548), as amended; and amendments and Acts supplementary thereto. (3) "assessment agreement" means an agreement, whether part of a collective-bargaining agreement or negotiated separately, to the extent that it provides for the funding of collectively bargained fringe benefit obligations on other than a uniform man-hour basis, regardless of the cargo handled or type of vessel or equipment utilized. (4) "bulk cargo" means cargo that is loaded and carried in bulk without mark or count. (5) "Commission" means the Federal Maritime Commission. (6) "common carrier" means a person holding itself out to the general public to provide transportation by water of passengers or cargo between the United States and a foreign country for compensation that— (A) assumes responsibility for the transportation from the port or point of receipt to the port or point of destination, and (B) utilizes, for all or part of that transportation, a vessel operating on the high seas or the Great Lakes between a port in the United States and a port in a foreign country. (7) "conference" means an association of ocean common carriers permitted, pursuant to an approved or effective agreement, to engage in concerted activity and to utilize a common tariff; but the term does not include a joint service, consortium, pooling, sailing, or transshipment arrangement. (8) "controlled carrier" means an ocean common carrier that is, or whose operating assets are, directly or indirectly, owned or controlled by the government under whose registry the vessels of the carrier operate; ownership or control by a government shall be deemed to exist with respect to any carrier if— (A) a majority portion of the interest in the carrier is owned or controlled in any manner by that government, by any agency thereof, or by any public or private person controlled by that government; or (B) that government has the right to appoint or disapprove the appointment of a majority of the directors, the chief operating officer, or the chief executive officer of the carrier. (9) "deferred rebate" means a return by a common carrier of any portion of the freight money to a shipper as a consideration for that shipper giving all, or any portion, of its shipments to that or any other common 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. (10) "fighting ship" means a vessel used in a particular trade by an ocean common carrier or group of such carriers for the purpose of excluding, preventing, or reducing competition by driving another ocean common carrier out of that trade. (11) "forest products" means forest products in an unfinished or semifinished state that require special handling moving in

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Page:United States Statutes at Large Volume 98 Part 1.djvu/117

 PUBLIC LAW 98-237—MAR. 20, 1984 lot sizes too large for a container, including, but not limited to lumber in bundles, rough timber, ties, poles, piling, laminated beams, bundled siding, bundled plywood, bundled core stock or veneers, bundled particle or fiber boards, bundled hardwood, wood pulp in rolls, wood pulp in unitized bales, paper board in rolls, and paper in rolls. (12) "inland division" means the amount paid by a common carrier to an inland carrier for the inland portion of through transportation offered to the public by the common carrier. (13) "inland portion" means the charge to the public by a common carrier for the nonocean portion of through transportation. (14) "loyalty contract" means a contract with an ocean common carrier or conference, other than a service contract or contract based upon time-volume rates, by which a shipper obtains lower rates by committing all or a fixed portion of its cargo to that carrier or conference. (15) "marine terminal operator" means a person engaged in the United States in the business of furnishing wharfage, dock, warehouse, or other terminal facilities in connection with a common carrier. (16) "maritime labor agreement" means a collective-bargaining agreement between an employer subject to this Act, or group of such employers, and a labor organization representing employees in the maritime or stevedoring industry, or an agreement preparatory to such a collective-bargaining agreement among members of a multiemployer bargaining group, or an agreement specifically implementing provisions of such a collective-bargaining agreement or providing for the formation, financing, or administration of a multiemployer bargaining group; but the term does not include an assessment agreement. (17) "non-vessel-operating common carrier" means a common carrier that does not operate the vessels by which the ocean transportation is provided, and is a shipper in its relationship with an ocean common carrier. (18) "ocean common carrier" means a vessel-operating common carrier; but the term does not include one engaged in ocean transportation by ferry boat or ocean tramp. (19) "ocean freight forwarder" means a person in the United States that— (A) dispatches shipments from the United States via common carriers and books or otherwise arranges space for those shipments on behalf of shippers; and (B) processes the documentation or performs related activities incident to those shipments. (20) "person" includes individuals, corporations, partnerships, and associations existing under or authorized by the laws of the United States or of a foreign country. (21) "service contract" means a contract between a shipper and an ocean common carrier or conference in which the shipper makes a commitment to provide a certain minimum quantity of cargo over a fixed time period, and the ocean common carrier or conference commits to a certain rate or rate schedule as well as a defined service level—such as, assured space, transit time, port rotation, or similar service features; the contract may also specify provisions in the event of nonperformance on the part of either party.

98 STAT. 69

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 98 STAT. 70

PUBLIC LAW 98-237—MAR. 20, 1984 (22) "shipment" means all of the cargo carried under the terms of a single bill of lading. (23) "shipper" means an owner or person for whose account the ocean transportation of cargo is provided or the person to whom delivery is to be made. (24) "shippers' association" means a group of shippers that consolidates or distributes freight on a nonprofit basis for the members of the group in order to secure carload, truckload, or other volume rates or service contracts. (25) "through rate" means the single amount charged by a common carrier in connection with through transportation. (26) "through transportation" means contmuous transportation between origin and destination for which a through rate is gissessed and which is offered or performed by one or more carriers, at least one of which is a common carrier, between a United States point or port and a foreign point or port. (27) "United States" includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, and all other United States territories and possessions.

46 USC app. 1703.

SEC. 4. AGREEMENTS WITHIN SCOPE OF ACT.

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(a) OCEAN COMMON CARRIERS.—This Act applies to agreements by or among ocean common carriers to— (1) discuss, fix, or regulate transportation rates, including through rates, cargo space accommodations, and other conditions of service; (2) pool or apportion traffic, revenues, earnings, or losses; (3) allot ports or restrict or otherwise regulate the number and character of sailings between ports; (4) limit or regulate the volume or character of cargo or passenger traffic to be carried; (5) engage in exclusive, preferential, or cooperative working arrangements among themselves or with one or more marine terminal operators or non-vessel-operating common carriers; (6) control, regulate, or prevent competition in international ocean transportation; and (7) regulate or prohibit their use of service contracts. (b) MARINE TERMINAL OPERATORS.—This Act applies to agreements (to the extent the agreements involve ocean transportation in the foreign commerce of the United States) Eimong marine terminal operators and among one or more marine terminal operators and one or more ocean common carriers to— (1) discuss, fix, or regulate rates or other conditions of service; and (2) engage in exclusive, preferential, or cooperative working arrangements. (c) ACQUISITIONS.—This Act does not apply to an acquisition by any person, directly or indirectly, of any voting security or assets of any other person. 46 USC app.

SEC. 5. AGREEMENTS.

(a) FiuNG REQUIREMENTS.—A true copy of every agreement entered into with respect to an activity described in section 4 of this Act shall be filed with the Commission, except agreements related to transportation to be performed within or between foreign countries and agreements among common carriers to establish, operate, or

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Page:United States Statutes at Large Volume 98 Part 1.djvu/119

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PUBLIC LAW 98-237—MAR. 20, 1984 maintain a marine terminal in the United States. In the case of an oral agreement, a complete memorandum specifying in detail the substance of the agreement shall be filed. The Commission may by regulation prescribe the form and manner in which an agreement shall be filed and the additional information and documents necessary to evaluate the agreement. (b) CONFERENCE AGREEMENTS.—Each conference agreement must— (1) state its purpose; (2) provide reasonable and equal terms and conditions for admission and readmission to conference membership for any ocean common carrier willing to serve the particular trade or route; (3) permit any member to withdraw from conference membership upon reasonable notice without penalty; (4) at the request of any member, require an independent neutral body to police fully the obligations of the conference and its members; (5) prohibit the conference from engaging in conduct prohibited by section 10(c)(1) or (3) of this Act; js,.* (6) provide for a consultation process designed to promote— (A) commercial resolution of disputes, and (B) cooperation with shippers in preventing and eliminating malpractices; (7) establish procedures for promptly and fairly considering shippers' requests and complaints; and (8) provide that any member of the conference may take independent action on any rate or service item required to be J filed in a tariff under section 8(a) of this Act upon not more than 10 calendar days' notice to the conference and that the conference will include the new rate or service item in its tariff for use by that member, effective no later than 10 calendar days after receipt of the notice, and by any other member that notifies the conference that it elects to adopt the independent rate or service item on or after its effective date, in lieu of the existing conference tariff provision for that rate or service item. (c) INTERCONFERENCE AGREEMENTS.—Each agreement between carriers not members of the same conference must provide the right of independent action for each carrier. Each agreement between conferences must provide the right of independent action for each conference. (d) ASSESSMENT AGREEMENTS.—Assessment agreements shall be filed with the Commission and become effective on filing. The Commission shall thereafter, upon complaint filed within 2 years of the date of the agreement, disapprove, cancel, or modify any such agreement, or charge or assessment pursuant thereto, that it finds, after notice and hearing, to be unjustly discriminatory or unfair as between carriers, shippers, or ports. The Commission shall issue its final decision in any such proceeding within 1 year of the date of filing of the complaint. To the extent that an assessment or charge is found in the proceeding to be unjustly discriminatory or unfair as between carriers, shippers, or ports, the Commission shall remedy the unjust discrimination or unfairness for the period of time between the filing of the complaint and the final decision by means of assessment adjustments. These adjustments shall be implemented by prospective credits or debits to future assessments or charges, except in the case of a complainant who has ceased activities subject

98 STAT. 71

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Page:United States Statutes at Large Volume 98 Part 1.djvu/120

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98 STAT. 72

46 USC app. 801 et seq., 843.

PUBLIC LAW 98-237—MAR. 20, 1984 to the assessment or charge, in which case reparation may be awarded. Except for this subsection and section 7(a) of this Act, this Act, the Shipping Act, 1916, and the Intercoastal Shipping Act, 1933, do not apply to assessment agreements. (e) MARITIME LABOR AGREEMENTS.—This Act, the Shipping Act,

1916, and the Intercoastal Shipping Act, 1933, do not apply to maritime labor agreements. This subsection does not exempt from this Act, the Shipping Act, 1916, or the Intercoastal Shipping Act, 1933, any rates, charges, regulations, or practices of a common carrier that are required to be set forth in a tariff, whether or not those rates, charges, regulations, or practices arise out of, or are otherwise related to, a maritime labor agreement. 46 USC app. 1705. Federal Register, publication.

SEC. 6. ACTION ON AGREEMENTS.

(a) NOTICE.—Within 7 days after an agreement is filed, the Commission shall transmit a notice of its filing to the Federal Register for publication. (b) REVIEW STANDARD.—The Commission shall reject any agreement filed under section 5(a) of this Act that, after preliminary review, it finds does not meet the requirements of section 5. The Commission shall notify in writing the person filing the agreement of the reason for rejection of the agreement. (c) REVIEW AND EFFECTIVE DATE.—Unless rejected by the Commission under subsection (b), agreements, other than assessment agreements, shall become effective— (1) on the 45th day after filing, or on the 30th day after notice of the filing is published in the Federal Register, whichever day is later; or (2) if additional information or documentary material is requested under subsection (d), on the 45th day after the Commission receives— (A) all the additional information and documentary material requested; or (B) if the request is not fully complied with, the information and documentary material submitted and a statement of the reasons for noncompliance with the request. The period specified in paragraph (2) may be extended only by the United States District Court for the District of Columbia upon an application of the Commission under subsection (i). (d) ADDITIONAL INFORMATION.—Before the expiration of the period specified in subsection (c)(1), the Commission may request from the person filing the agreement any additional information and documentary material it deems necessary to make the determinations required by this section. (e) REQUEST FOR EXPEDITED APPROVAL.—The Commission may, upon request of the filing party, shorten the review period specified in subsection (c), but in no event to a date less than 14 days after notice of the filing of the agreement is published in the Federal Register. (f) TERM OF AGREEMENTS.—The Commission may not limit the

effectiveness of an agreement to a fixed term. (g) SUBSTANTIALLY ANTICOMPETITIVE AGREEMENTS.—If, at any time after the filing or effective date of an agreement, the Commission determines that the agreement is likely, by a reduction in competition, to produce an unreasonable reduction in transportation service or an unreasonable increase in transportation cost, it may, after

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Page:United States Statutes at Large Volume 98 Part 1.djvu/121

 PUBLIC LAW 98-237—MAR. 20, 1984

98 STAT. 73

notice to the person filing the agreement, seek appropriate injunctive relief under subsection (h). (h) INJUNCTIVE RELIEF.—The Commission may, upon making the determination specified in subsection (g), bring suit in the United States District Court for the District of Columbia to enjoin operation of the agreement. The court may issue a temporary restraining order or preliminary injunction and, upon a showing that the agreement is likely, by a reduction in competition, to produce an unreasonable reduction in transportation service or an unreasonable increase in transportation cost, may enter a permanent injunction. In a suit under this subsection, the burden of proof is on the Commission. The court may not allow a third party to intervene with respect to a claim under this subsection. (i) COMPLIANCE WITH INFORMATIONAL NEEDS.—If a person filing an agreement, or an officer, director, partner, agent, or employee thereof, fails substantially to comply with a request for the submission of additional information or documentary material within the period specified in subsection (c), the United States District Court for the District of Columbia, at the request of the Commission— (1) may order compliance; (2) shall extend the period specified in subsection (c)(2) until there has been substantial compliance; and (3) may grant such other equitable relief as the court in its discretion determines necessary or appropriate. (j) NONDISCLOSURE OF SUBMITTED MATERIAL.—Except for an agreement filed under section 5 of this Act, information and documentary material filed with the Commission under section 5 or 6 is exempt from disclosure under section 552 of title 5, United States Code and may not be made public except as may be relevant to an administrative or judicial action or proceeding. This section does not prevent disclosure to either body of Congress or to a duly authorized committee or subcommittee of Congress, (k) REPRESENTATION.—Upon notice to the Attorney General, the Commission may represent itself in district court proceedings under subsections (h) and (i) of this section and section 11(h) of this Act. With the approval of the Attorney General, the Commission may represent itself in proceedings in the United States Courts of Appeal under subsections (h) and (i) of this section and section 11(h) of this Act. SEC. 7. EXEMPTION FROM ANTITRUST LAWS.

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(a) IN GENERAL.—The antitrust laws do not apply to— (1) any agreement that has been filed under section 5 of this Act and is effective under section 5(d) or section 6, or is exempt under section 16 of this Act from any requirement of this Act; (2) any activity or agreement within the scope of this Act, whether permitted under or prohibited by this Act, undertaken or entered into with a reasonable basis to conclude that (A) it is pursuant to an agreement on file with the Commission and in effect when the activity took place, or (B) it is exempt under section 16 of this Act from any filing requirement of this Act; (3) any agreement or activity that relates to transportation services within or between foreign countries, whether or not via the United States, unless that agreement or activity has a direct, substantial, and reasonably foreseeable effect on the commerce of the United States;

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 98 STAT. 74

PUBLIC LAW 98-237—MAR. 20, 1984 -Dfij

97 Stat. 500.

46 USC app.

Public availability.

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(4) any agreement or activity concerning the foreign inland segment of through transportation that is part of transportation provided in a United States import or export trade; (5) any agreement or activity to provide or furnish wharfage, dock, warehouse, or other terminal facilities outside the United States; or (6) subject to section 20(e)(2) of this Act, any agreement, modification, or cancellation approved by the Commission before the effective date of this Act under section 15 of the Shipping Act, 1916, or permitted under section 14b thereof, and any properly published tariff, rate, fare, or charge, classification, rule, or regulation explanatory thereof implementing that argeement, modification, or cancellation. (b) EXCEPTIONS.—This Act does not extend antitrust immunity— (1) to any agreement with or among air carriers, rail carriers, motor carriers, or common carriers by water not subject to this Act with lespect to transportation within the United States; (2) to any discussion or agreement among common carriers that are subject to this Act regarding the inland divisions (as opposed to the inland portions) of through rates within the United States; or (3) to any agreement among common carriers subject to this Act to establish, operate, or maintain a marine terminal in the United States. (c) LIMITATIONS.—(1) Any determination by an agency or court that results in the denial or removal of the immunity to the antitrust laws set forth in subsection (a) shall not remove or alter the antitrust immunity for the period before the determination. (2) No person may recover damages under section 4 of the Clayton Act (15 U.S.C. 15), or obtain injunctive relief under section 16 of that Act (15 U.S.C. 26), for conduct prohibited by this Act. SEC. 8. TARIFFS.

(a) IN GENERAL.— (1) Except with regard to bulk cargo, forest products, recycled metal scrap, waste paper, and paper waste, each common carrier and conference shall file with the Commission, and keep open to public inspection, tariffs showing all its rates, charges, classifications, rules, and practices between all points or ports on its own route and on any through transportation route that has been established. However, common carriers shall not be required to state separately or otherwise reveal in tariff filings the inland divisions of a through rate. Tariffs shall— (A) state the places between which cargo will be carried; (B) list each classification of cargo in use; (C) state the level of ocean freight forwarder compensation, if any, by a carrier or conference; (D) state separately each terminal or other charge, privilege, or facility under the control of the carrier or conference and any rules or regulations that in any way change, affect, or determine any part or the aggregate of the rates or charges; and (E) include sample copies of any loyalty contract, bill of lading, contract of affreightment, or other document evidencing the transportation agreement. (2) Copies of tariffs shall be made available to any person, and a reasonable charge may be assessed for them.

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98 STAT. 75

(b) TIME-VOLUME RATES.—Rates shown in tariffs filed under subsection (a) may vary with the volume of cargo offered over a specified period of time. (c) SERVICE CONTRACTS.—An ocean common carrier or conference may enter into a service contract with a shipper or shippers' association subject to the requirements of this Act. Except for service Confidentiality. contracts dealing with bulk cargo, forest products, recycled metal Public scrap, waste paper, or paper waste, each contract entered into under availability. this subsection shall be filed confidentially with the Commission, and at the same time, a concise statement of its essential terms shall be filed with the Commission and made available to the general public in tariff format, and those essential terms shall be available to all shippers similarly situated. The essential terms shall include— (1) the origin and destination port ranges in the case of portto-port movements, and the origin and destination geographic areas in the case of through intermodal movements; (2) the commodity or commodities involved; (3) the minimum volume; (4) the line-haul rate; > (5) the duration; i i (6) service commitments; and f (7) the liquidated damages for nonperformance, if any. The exclusive remedy for a breach of a contract entered into under this subsection shall be an action in an appropriate court, unless the parties otherwise agree. (d) RATES.—No new or initial rate or change in an existing rate that results in an increased cost to the shipper may become effective earlier than 30 days after filing with the Commission. The Commission, for good cause, may allow such a new or initial rate or change to become effective in less than 30 days. A change in an existing rate that results in a decreased cost to the shipper may become effective upon publication and filing with the Commission. (e) REFUNDS.—The Commission may, upon application of a carrier or shipper, permit a common carrier or conference to refund a portion of freight charges collected from a shipper or to waive the collection of a portion of the charges from a shipper if— (1) there is an error in a tariff of a clerical or administrative nature or an error due to inadvertence in failing to file a new tariff and the refund will not result in discrimination among shippers, ports, or carriers; (2) the common carrier or conference has, prior to filing an application for authority to make a refund, filed a new tariff with the Commission that sets forth the rate on which the refund or waiver would be based; (3) the common carrier or conference agrees that if permission is granted by the Commission, an appropriate notice will be published in the tariff, or such other steps taken as the Commission may require that give notice of the rate on which the refund or waiver would be based, and additional refunds or waivers as appropriate shall be made with respect to other shipments in the manner prescribed by the Commission in its order approving the application; and (4) the application for refund or waiver is filed with the Commission within 180 days from the date of shipment. (f) FORM.—The Commission may by regulation prescribe the form and manner in which the tariffs required by this section shall be

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Page:United States Statutes at Large Volume 98 Part 1.djvu/124

 98 STAT. 76

PUBLIC LAW 98-237—MAR. 20, 1984 published and filed. The Commission may reject a tariff that is not filed in conformity with this section and its regulations. Upon rejection by the Commission, the tariff is void and its use is unlawful.

46 USC app.

SEC. 9. CONTROLLED CARRIERS.

(a) CONTROLLED CARRIER RATES.—No controlled carrier subject to this section may maintain rates or charges in its tariffs filed with the Commission that are below a level that is just and reasonable, nor may any such carrier establish or maintain unjust or unreasonable classifications, rules, or regulations in those tariffs. An unjust or unreasonable classification, rule, or regulation means one that results or is likely to result in the carriage or handling of cargo at rates or charges that are below a just and reasonable level. The Commission may, at any time after notice and hearing, disapprove any rates, charges, classifications, rules, or regulations that the controlled carrier has failed to demonstrate to be just and reasonable. In a proceeding under this subsection, the burden of proof is on the controlled carrier to demonstrate that its rates, charges, classifications, rules, or regulations are just and reasonable. Rates, charges, classifications, rules, or regulations filed by a controlled carrier that have been rejected, suspended, or disapproved by the Commission are void and their use is unlawful. (b) RATE STANDARDS.—For the purpose of this section, in determining whether rates, charges, classifications, rules, or regulations by a controlled carrier are just and reasonable, the Commission may take into account appropriate factors including, but not limited to, whether— (1) the rates or charges which have been filed or which would result from the pertinent classifications, rules, or regulations are below a level which is fully compensatory to the controlled carrier based upon that carrier's actual costs or upon its constructive costs, which are hereby defined as the costs of another carrier, other than a controlled carrier, operating similar vessels and equipment in the same or a similar trade; (2) the rates, charges, classifications, rules, or regulations are the same as or similar to those filed or assessed by other carriers in the same trade; (3) the rates, charges, classifications, rules, or regulations are , required to assure movement of particular cargo in the trade; or (4) the rates, charges, classifications, rules, or regulations are required to maintain acceptable continuity, level, or quality of common carrier service to or from affected ports. (c) EFFECTIVE DATE OF RATES.—Notwithstanding section 8(d) of this Act, the rates, charges, classifications, rules, or regulations of controlled carriers may not, without special permission of the Commission, become effective sooner than the 30th day after the date of filing with the Commission. Each controlled carrier shall, upon the request of the Commission, file, within 20 days of request (with respect to its existing or proposed rates, charges, classifications, rules, or regulations), a statement of justification that sufficiently details the controlled carrier's need and purpose for such rates, charges, classifications, rules, or regulations upon which the Commission may reasonably base its determination of the lawfulness thereof. (d) DISAPPROVAL OF RATES.—Whenever the Commission is of the opinion that the rates, charges, classifications, rules, or regulations

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 PUBLIC LAW 98-237—MAR. 20, 1984

98 STAT. 7'>

filed by a controlled carrier may be unjust and unreasonable, the Commission may issue an order to the controlled carrier to show cause why those rates, charges, classifications, rules, or regulations should not be disapproved. Pending a determination as to their lawfulness in such a proceeding, the Commission may suspend the rates, charges, classifications, rules, or regulations at any time before their effective date. In the case of rates, charges, classifications, rules, or regulations that have already become effective, the Commission may, upon the issuance of an order to show cause, suspend those rates, charges, classifications, rules, or regulations on not less than 60 days' notice to the controlled carrier. No period of suspension under this subsection may be greater than 180 days. Whenever the Commission has suspended any rates, charges, classifications, rules, or regulations under this subsection, the affected carrier may file new rates, charges, classifications, rules, or regulations to take effect immediately during the suspension period in lieu of the suspended rates, charges, classifications, rules, or regulations—except that the Commission may reject the new rates, charges, classifications, rules, or regulations if it is of the opinion that they are unjust and unreasonable. (e) PRESIDENTIAL REVIEW.—Concurrently with the publication thereof, the Commission shall transmit to the President each order of suspension or final order of disapproval of rates, charges, classifications, rules, or regulations of a controlled carrier subject to this section. Within 10 days after the receipt or the effective date of the Commission order, the President may request the Commission in writing to stay the effect of the Commission's order if the President finds that the stay is required for reasons of national defense or foreign policy, which reasons shall be specified in the report. Notwithstanding any other law, the Commission shall immediately grant the request by the issuance of an order in which the President's request shall be described. During any such stay, the President shall, whenever practicable, attempt to resolve the matter in controversy by negotiation with representatives of the applicable foreign governments. (f) EXCEPTIONS.—This section does not apply to— (1) a controlled carrier of a state whose vessels are entitled by a treaty of the United States to receive national or mostfavored-nation treatment; (2) a controlled carrier of a state which, on the effective date of this section, has subscribed to the statement of shipping policy contained in note 1 to annex A of the Code of Liberalization of Current Invisible Operations, adopted by the Council of the Organization for Economic Cooperation and Development; (3) rates, charges, classifications, rules, or regulations of a controlled carrier in any particular trade that are covered by an agreement effective under section 6 of this Act, other than an agreement in which all of the members are controlled carriers not otherwise excluded from the provisions of this subsection; (4) rates, charges, classifications, rules, or regulations governing the transportation of cargo by a controlled carrier between the country by whose government it is owned or controlled, as defined herein and the United States; or (5) a trade served exclusively by controlled carriers. SEC. 10. PROHIBITED ACTS.

(a) IN GENERAL.—No person may—

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 98 STAT. 78

PUBLIC LAW 98-237—MAR. 20, 1984 ^-ti

(1) knowingly and willfully, directly or indirectly, by means of false billing, false classification, false weighing, false report of weight, false measurement, or by any other unjust or unfair device or means obtain or attempt to obtain ocean transportation for property at less than the rates or charges that would otherwise be applicable; (2) operate under an agreement required to be filed under section 5 of this Act that has not become effective under section 6, or that heis been rejected, disapproved, or canceled; or (3) operate under an agreement required to be filed under section 5 of this Act except in accordance with the terms of the agreement or any modifications made by the Commission to the agreement. (b) COMMON CARRIERS.—No common carrier, either alone or in conjunction with any other person, directly or indirectly, may— (1) charge, demand, collect, or receive greater, less, or different compensation for the transportation of property or for any service in connection therewith than the rates and charges that are shown in its tariffs or service contracts; (2) rebate, refund, or remit in any manner, or by any device, any portion of its rates except in accordance with its tariffs or service contracts; (3) extend or deny to any person any privilege, concession, equipment, or facility except in accordance with its tariffs or service contracts; (4) allow any person to obtain transportation for property at less than the rates or charges established by the carrier in its tariff or service contract by means of false billing, false classification, false weighing, false measurement, or by any other unjust or unfair device or means; (5) retaliate against any shipper by refusing, or threatening to refuse, cargo space accommodations when available, or resort to other unfair or unjustly discriminatory methods because the shipper has patronized another carrier, or has filed a complaint, or for any other reason; (6) except for service contracts, engage in any unfair or unjustly discriminatory practice in the matter of— (A) rates; (B) cargo classifications; (C) cargo space accommodations or other facilities, due regard being had for the proper loading of the vessel and the available tonnage; (D) the loading and landing of freight; or (E) the adjustment and settlement of claims; i (7) employ any fighting ship; (8) offer or pay any deferred rebates; (9) use a loyalty contract, except in conformity with the antitrust laws; (10) demand, charge, or collect any rate or charge that is unjustly discriminatory between shippers or ports; (11) except for service contracts, make or give any undue or unreasonable preference or advantage to any particular person, locality, or description of traffic in any respect whatsoever; (12) subject any particular person, locality, or description of traffic to an unreasonable refusal to deal or any undue or quE '«jJ^ ^+ unreasonable prejudice or disadvantage in any respect whatsoever;

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 PUBLIC LAW 98-237—MAR. 20, 1984 (13) refuse to negotiate with a shippers' association; or (14) knowingly disclose, offer, solicit, or receive any information concerning the nature, kind, quantity, destination, consignee, or routing of any property tendered or delivered to a common carrier without the consent of the shipper or consignee T if that information— (A) may be used to the detriment or prejudice of the 1 shipper or consignee; (B) may improperly disclose its business transaction to a competitor; or (C) may be used to the detriment or prejudice of any common carrier. Nothing in paragraph (14) shall be construed to prevent providing such information, in response to legal process, to the United States, or to an independent neutral body operating within the scope of its authority to fulfill the policing obligations of the parties to an agreement effective under this Act. Nor shall it be prohibited for any ocean common carrier that is a party to a conference agreement approved under this Act, or any receiver, trustee, lessee, agent, or employee of that carrier, or any other person authorized by that carrier to receive information, to give information to the conference or any person, firm, corporation, or agency designated by the conference, or to prevent the conference or its designee from soliciting or receiving information for the purpose of determining whether a shipper or consignee has breached an agreement with the conference or its member lines or for the purpose of determining whether a member of the conference has breached the conference agreement, or for the purpose of compiling statistics of cargo movement, but the use of such information for any other purpose prohibited by this Act or any other Act is prohibited. (c) CONCERTED ACTION.—No conference or group of two or more common carriers may— (1) boycott or take any other concerted action resulting in an unreasonable refusal to deal; (2) engage in conduct that unreasonably restricts the use of intermodal services or technological innovations; (3) engage in any predatory practice designed to eliminate the participation, or deny the entry, in a particular trade of a common carrier not a member of the conference, a group of common carriers, an ocean tramp, or a bulk carrier; (4) negotiate with a nonocean carrier or group of nonocean carriers (for example, truck, rail, or air operators) on any matter relating to rates or services provided to ocean common carriers within the United States by those nonocean carriers: Provided, That this paragraph does not prohibit the setting and publishing of a joint through rate by a conference, joint venture, or an association of ocean common carriers; (5) deny in the export foreign commerce of the United States compensation to an ocean freight forwarder or limit that compensation to less than a reasonable amount; or (6) allocate shippers among specific carriers that are parties to the agreement or prohibit a carrier that is a party to the agreement from soliciting cargo from a particular shipper, except as otherwise required by the law of the United States or the importing or exporting country, or as agreed to by a shipper in a service contract.

98 STAT. 79

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Page:United States Statutes at Large Volume 98 Part 1.djvu/128

 98 STAT. 80

PUBLIC LAW 98-237—MAR. 20, 1984 (d) COMMON CARRIERS, OCEAN FREIGHT FORWARDERS, AND MARINE TERMINAL OPERATORS.—

(1) No common carrier, ocean freight forwarder, or marine terminal operator may fail to establish, observe, and enforce just and reasonable regulations and practices relating to or connected with receiving, handling, storing, or delivering property. (2) No marine terminal operator may agree with another marine terminal operator or with a common carrier to boycott, or unreasonably discriminate in the provision of terminal services to, any common carrier or ocean tramp. (3) The prohibitions in subsection (b) (11), (12), and (14) of this section apply to marine terminal operators. (e) JOINT VENTURES.—For purposes of this section, a joint venture or consortium of two or more common carriers but operated as a single entity shall be treated as a single common carrier. 46 USC app.

SEC. 11. COMPLAINTS, INVESTIGATIONS, REPORTS, AND REPARATIONS.

(a) FiuNG OF COMPLAINTS.—Any person may file with the Commission a sworn complaint alleging a violation of this Act, other than section 6(g), and may seek reparation for any injury caused to the complainant by that violation. (b) SATISFACTION OR INVESTIGATION OF COMPLAINTS.—The Commis-

sion shall furnish a copy of a complaint filed pursuant to subsection (a) of this section to the person named therein who shall, within a reasonable time specified by the Commission, satisfy the complaint or answer it in writing. If the complaint is not satisfied, the Commission shall investigate it in an appropriate manner and make an appropriate order. (c) COMMISSION INVESTIGATIONS.—The Commission, upon complaint or upon its own motion, may investigate any conduct or agreement that it believes may be in violation of this Act. Except in the case of an injunction granted under subsection (h) of this section, each agreement under investigation under this section remains in effect until the Commission issues an order under this subsection. The Commission may by order disapprove, cancel, or modify any agreement filed under section 5(a) of this Act that operates in violation of this Act. With respect to agreements inconsistent with section 6(g) of this Act, the Commission's sole remedy is under section 6(h). (d) CONDUCT OF INVESTIGATION.—Within 10 days after the initiation of a proceeding under this section, the Commission shall set a date on or before which its final decision will be issued. This date may be extended for good cause by order of the Commission. (e) UNDUE DELAYS.—If, within the time period specified in subsection (d), the Commission determines that it is unable to issue a final decision because of undue delays caused by a party to the proceedings, the Commission may impose sanctions, including entering a decision adverse to the delaying party. (f) REPORTS.—The Commission shall make a written report of every investigation made under this Act in which a hearing was held stating its conclusions, decisions, findings of fact, and order. A copy of this report shall be furnished to all parties. The Commission shall publish each report for public information, and the published report shall be competent evidence in all courts of the United States. (g) REPARATIONS.—For any complaint filed within 3 years after the cause of action accrued, the Commission shall, upon petition of the

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98 STAT. 81

complainant and after notice and hearing, direct payment of reparations to the complainant for actual injury (which, for purposes of this subsection, also includes the loss of interest at commercial rates compounded from the date of injury) caused by a violation of this Act plus reasonable attorney's fees. Upon a showing that the injury was caused by activity that is prohibited by section 10(b)(5) or (7) or section 10(c)(1) or (4) of this Act, or that violates section 10(a)(2) or (3), the Commission may direct the payment of additional amounts; but the total recovery of a complainant may not exceed twice the amount of the actual injury. In the case of injury caused by an activity that is prohibited by section 10(b)(6)(A) or (B) of this Act, the amount of the injury shall be the difference between the rate paid by the injured shipper and the most favorable rate paid by another shipper, (h) INJUNCTION.—

(1) In connection with any investigation conducted under this section, the Commission may bring suit in a district court of the United States to enjoin conduct in violation of this Act. Upon a showing that standards for granting injunctive relief by courts of equity are met and after notice to the defendant, the court may grant a temporary restraining order or preliminary injunction for a period not to exceed 10 days after the Commission has issued an order disposing of the issues under investigation. Any such suit shall be brought in a district in which the defendant resides or transacts business. (2) After filing a complaint with the Commission under subsection (a), the complainant may file suit in a district court of the United States to enjoin conduct in violation of this Act. Upon a showing that standards for granting injunctive relief by courts of equity are met and after notice to the defendant, the court may grant a temporary restraining order or preliminary injunction for a period not to exceed 10 days after the Commission has issued an order disposing of the complaint. Any such suit shall be brought in the district in which the defendant has been sued by the Commission under paragraph (1); or, if no suit has been filed, in a district in which the defendant resides or transacts business. A defendant that prevails in a suit under this paragraph shall be allowed reasonable attorney's fees to be assessed and collected as part of the costs of the suit. SEC. 12. SUBPENAS AND DISCOVERY.

(a) IN GENERAL.—In investigations and adjudicatory proceedings under this Act— (1) depositions, written interrogatories, and discovery procedures may be utilized by any party under rules and regulations issued by the Commission that, to the extent practicable, shall be in conformity with the rules applicable in civil proceedings in the district courts of the United States; and (2) the Commission may by subpena compel the attendance of witnesses and the production of books, papers, documents, and other evidence. (b) WITNESS FEES.—Witnesses shall, unless otherwise prohibited by law, be entitled to the same fees and mileage as in the courts of the United States.

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46 USC app. 1711.

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 98 STAT. 82 46 USC app. 1712.

PUBLIC LAW 98-237—MAR. 20, 1984 SEC. 13. PENALTIES.

(a) ASSESSMENT OF PENALTY.—Whoever violates a provision of this Act, a regulation issued thereunder, or a Commission order is liable to the United States for a civil penalty. The amount of the civil penalty, unless otherwise provided in this Act, may not exceed $5,000 for each violation unless the violation was willfully and knowingly committed, in which case the amount of the civil penalty may not exceed $25,000 for each violation. Each day of a continuing violation constitutes a separate offense. (b) ADDITIONAL PENALTIES.—

President.

(1) For a violation of section 10(b)(1), (2), (3), (4), or (8) of this Act, the Commission may suspend any or all tariffs of the common carrier, or that common carrier's right to use any or all tariffs of conferences of which it is a member, for a period not to exceed 12 months. (2) For failure to supply information ordered to be produced or compelled by subpena under section 12 of this Act, the Commission may, after notice and an opportunity for hearing, suspend any or all tariffs of a common carrier, or that common carrier's right to use any or all tariffs of conferences of which it is a member. (3) A common carrier that accepts or handles cargo for carriage under a tariff that has been suspended or after its right to utilize that tariff has been suspended is subject to a civil penalty of not more than $50,000 for each shipment. (4) If, in defense of its failure to comply with a subpena or discovery order, a common carrier alleges that documents or information located in a foreign country cannot be produced because of the laws of that country, the Commission shall immediately notify the Secretary of State of the failure to comply and of the allegation relating to foreign laws. Upon receiving the 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. (5) If, after notice and hearing, the Commission finds that the action of a common carrier, acting alone or in concert with any person, or a foreign government has unduly impaired access of a vessel documented under the laws of the United States to ocean trade between foreign ports, the Commission shall take action that it finds appropriate, including the imposition of any of the penalties authorized under paragraphs (1), (2), and (3) of this subsection. (6) Before an order under this subsection becomes effective, it shall be immediately submitted to the President who may, within 10 days after receiving it, disapprove the order if the President finds that disapproval is required for reasons of the national defense or the foreign policy of the United States. (c) ASSESSMENT PROCEDURES.—Until a matter is referred to the

Attorney General, the Commission may, after notice and an opportunity for hearing, assess each civil penalty provided for in this Act. In determining the amount of the penalty, the Commission shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the violator, the degree of culpability, history of prior offenses, ability to pay, and such other

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