POWERS OF COMMISSION.

SEC. 103. POWERS OF COMMISSION.Section 19 of the Merchant Marine Act, 1920 (46 App. U.S.C. 876) is amended— (1) in subdivision (b) of paragraph (1) by inserting “including intermodal movements, terminal operations, cargo solicitation, forwarding and agency services, non-vessel-operating common carrier operations, and other activities and services integral to transportation sysetms,” immediately after “generally,”; and (2) by adding at the end the following new paragraphs: “(5) The Commission may initiate a rule or regulation under paragraph (1)(b) of this section either on its own motion or pursuant to a petition. Any person, including a common carrier, tramp opera-tor, bulk operator, shipper, shippers’ association, ocean freight forwarder, marine terminal operator, or any component of the Government of the United States, may file a petition for relief under paragraph (1)(b) of this section. “(6) In furtherance of the purposes of paragraph (1)(b) of this section— “(a) the Commission may, by order, require any person (including any common carrier, tramp operator, bulk operator, shipper, shippers’ association, ocean freight forwarder, or marine terminal operator, or an officer, receiver, trustee, lessee, agent, or employee thereof) to file with the Commission a 104 STAT. 2980report, answers to questions, documentary material, or other information which the Commission considers necessary or appropriate; “(b) the Commission may require a report or answers to questions to be made under oath; “(c) the Commission may prescribe the form and the time for response to a report and answers to questions; and “(d) a person who fails to file a report, answer, documentary material, or other information required under this paragraph shall be liable to the United States Government for a civil penalty of not more than $5,000 for each day that the information is not provided. “(7) In proceedings under paragraph (1)(b) of this section— “(a) the Commission may authorize a party to use depositions, written interrogatories, and discovery procedures that, to the extent practicable, are in conformity with the rules applicable in civil proceedings in the district courts of the United States; “(b) the Commission may by subpoena compel the attendance of witnesses and the production of books, papers, documents, and other evidence; “(c) subject to funds being provided by appropriations Acts, witnesses are, unless otherwise prohibited by law, entitled to the same fees and mileage as in the courts of the United States; “(d) for failure to supply information ordered to be produced or compelled by subpoena in proceedings under paragraph (1)(b)(7) of this section, the Commission may— “(i) after notice and an opportunity for hearing, suspend tariffs of a common carrier or that common carrier’s right to use the tariffs of conferences of which it is a member, or “(ii) assess a civil penalty of not more than $5,000 for each day that the information is not provided; and “(e) when a person violates an order of the Commission or fails to comply with a subpoena, the Commission may seek enforcement by a United States district court having jurisdiction over the parties, and if, after hearing, the court determines that the order was regularly made and duly issued, it shall enforce the order by an appropriate injunction or other process, mandatory or otherwise. “(8) Notwithstanding any other law, the Commission may refuse to disclose to the public a response or other information provided under the terms of this section. “(9) If the Commission finds that conditions that are unfavorable to shipping under paragraph (1)(b) of this section exist, the Commission may— “(a) limit sailings to and from United States ports or the amount or type of cargo carried; “(b) suspend, in whole or in part, tariffs filed with the Commission for carriage to or from United States ports, including a common carrier’s right to use tariffs of conferences in United States trades of which it is a member for any period the Commission specifies; “(c) suspend, in whole or in part, an ocean common carrier’s right to operate under an agreement filed with the Commission, including any agreement authorizing preferential treatment at terminals, preferential terminal leases, space chartering, or pooling of cargoes or revenue with other ocean common carriers; 104 STAT. 2981 “(d) impose a fee, not to exceed $1,000,000 per voyage; or “(e) take any other action the Commission finds necessary and appropriate to adjust or meet any condition unfavorable to shipping in the foreign trade of the United States. “(10) Upon request by the Commission— “(a) the collector of customs at the port or place of destination in the United States shall refuse the clearance required by section 4197 of the Revised Statutes (46 App. U.S.C. 91) to a vessel of a country that is named in a rule or regulation issued by the Commission under paragraph (1)(b) of this section, and shall collect any fees imposed by the Commission under paragraph (9)(d) of this section; and “(b) the Secretary of the department in which the Coast Guard is operating shall deny entry for purpose of oceanborne trade, of a vessel of a country that is named in a rule or regulation issued by the Commission under paragraph (1)(b) of this section, to any port or place in the United States or the navigable waters of the United States, or shall detain that vessel at the port or place in the United States from which it is about to depart for another port or place in the United States. “(11) A common carrier that accepts or handles cargo for carriage under a tariff that has been suspended under paragraph (7)(d) or (9)(b) of this section, or after its right to use another tariff has been suspended under those paragraphs, is subject to a civil penalty of not more than $50,000 for each day that it is found to be operating under a suspended tariff. “(12) The Commission may consult with, seek the cooperation of, or make recommendations to other appropriate Government agencies prior to taking any action under this section.”.