Page:United States Statutes at Large Volume 49 Part 1.djvu/2059

This page needs to be proofread.

2014 Chartered vessels, re- ceipt of subsidy by con- tractor only in emer- gency . Member of Con - gress acting as attor- ney, etc . Violation to breach contract or charter . Combinations, etc ., to pre ve nt bona-fide bids, etc . Proviso. Fi nancing of con- stru ctio n by app lica nt . Ante, p. 1998. Penal provisions . Natural persons . Corporations . Ineligibility to re- ceive benefits, addi- tional penalty . Ante , pp . 1995, 2001, 2008 . Lobbying activities. 74TH CONGRESS . SESS. II. CH . 858. JUNE 29, 1936 . limitations of profits and salaries . No cont racto r sha ll re ceive an operating-diff erential subsidy for the operation of any chartered vessel save and except during a period of actual emergency determined by the Commission . (e) It shall be unlawful for any contractor or charterer who holds any contract made under authority of any provision in this Act to employ any Member of Congress, either with or without compensa- tio n, as an a ttorney, a gent, offi cer, or di rector of such perso n . (f) Any willful violation of any provision of this sec tion shall constitute a breach of the contract or charter in force under this Act, and upon determining that such a violation has occurred the Com- mission may forthwith declare such contract or charter rescinded and any person willfully violating the provisions of this s ect ion shall be guilt y of a misdemeanor . SEC. 806 . (a.) Whoever shall consult with, or enter into an agree- ment with, or inform any other bidder, or officer, director, executive, agent, or employee of any such other bidder, as to the amount, the terms, or the conditions of any bid submitted to the Commission prior to the public opening of such bids, or enter into any combination, understanding, agreement, or arrangement whatsoever, to prevent the making of any bona-fide bid for any contract or charter under this Act, to induce any other person not to bid for any such contract or charter, or to . deprive the United States in any way of the benefit of full, free, and secret competition in the awarding of any such contract or charter shall be guilty of a misdemeanor : Provided, That this section shall also apply to bidding for contracts under the provisions of section 504 of this Act . (b) Whenever any natural person is found guilty in any district court of the United States of any act or acts declared in this Act to constitute a misdemeanor, he shall be punished by a fine of not more than $10,000, or by imprisonment for not less than one year or more than five years, or by both fine and imprisonment . When- ever any corporation is found guilty of any act or acts declared in this Act to be unlawful, such corporation shall be punishe d by a fine of not more than $25,000 . (c) In addition to the punishment prescribed in subsection (a) of this section, any person or corporation convicted of a misdemeanor under the provisions of this Act shall be ineligible, at the discretion of the Commission, to receive any benefits under titles V and VI of this Act, or to receive a charter under title VII of this Act, for a period of five years after conviction . SEC. 807 . It shall be unlawful for any p erso n emp loyed or retained by any shipbuilder or ship operator holding or applying for a contract under the provisions of this Act, or employed or retained by any subsidiary, affiliate, associate, or holding company of such shipbuilder or ship operator, to present, advocate, or oppose any matter affecting any such shipbuilder or ship operator or any subsidiary, affiliate, associate, or holding company thereof, before the Congress or any Member or committee thereof, or before the Commission, or any other governmental agency or any member, officer, or employee thereof, unless such shipbuilder or ship operator shall have previously filed with the Commission in such form and detail as the Commission shall by rules and regulations or or der prescribe as necessary or appropriate in the public interest, a state- ment of the subject matter in respect of which such person is retained or employed, the nature and character of such retainer or employ- ment , and the amoun t of compe nsati on re ceive d or to be rece ived by such person, directly or indirectly, in connection therewith . It shall be the duty of every such person so employed or retained to file