Pub. L. 105-258, tit. I, sec. 112
PENALTIES.
SEC. 112. PENALTIES. (a) Section 13(a) of the Shipping Act of 1984 (46 U.S.C. App. 1712(a)) is amended by adding at the end thereof the following: “The amount of any penalty imposed upon a common carrier under this subsection shall constitute a lien upon the vessels operated by that common carrier and any such vessel may be libeled therefore in the district court of the United States for the district in which it may be found.”. (b) Section 13(b) of the Shipping Act of 1984 (46 U.S.C. App. 1712(b)) is amended by— (1) striking “section 10(b)(1), (2), (3), (4), or (8)” in paragraph (1) and inserting “section 10(b)(1), (2), or (7)”; (2) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; (3) inserting before paragraph (5), as redesignated, the following:112 STAT. 1912 “(4) If the Commission finds, after notice and an opportunity for a hearing that a common carrier has failed to supply information ordered to be produced or compelled by subpoena under section 12 of this Act, the Commission may request that the Secretary of the Treasury refuse or revoke any clearance required for a vessel operated by that common carrier. Upon request by the Commission, the Secretary of the Treasury shall, with respect to the vessel concerned, refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91).”; and (4) striking “paragraphs (1), (2), and (3)” in paragraph (6), as redesignated, and inserting “paragraphs (1), (2), (3), and (4)”. (c) Section 13(f)(1) of the Shipping Act of 1984 (46 U.S.C. App. 1712(f)(1)) is amended by— (1) striking “or (b)(4)” and inserting “or (b)(2)”; (2) striking “(b)(1), (4)” and inserting “(b)(1), (2)”; and (3) adding at the end thereof the following “Neither the Commission nor any court shall order any person to pay the difference between the amount billed and agreed upon in writing with a common carrier or its agent and the amount set forth in any tariff or service contract by that common carrier for the transportation service provided.”.