H. R. 1442—60
of the nation within which the information or documents are 
alleged to be located for the purpose of assisting the Commis-
sion in obtaining the information or documents. 
‘‘(d) IMPAIRING ACCESS TO FOREIGN TRADE.—If the Commission 
finds, after notice and opportunity for a hearing, that the action 
of a common carrier, acting alone or in concert with another 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 imposing any of the penalties author-
ized by this section. The Commission also may take any of the 
actions authorized by sections 42304 and 42305 of this title. 
‘‘(e) SUBMISSION OF ORDER TO PRESIDENT.—Before an order 
under this section becomes effective, it shall be submitted imme-
diately to the President. The President, within 10 days after 
receiving it, may disapprove it if the President finds that dis-
approval is required for reasons of national defense or foreign 
policy. 
‘‘§ 41109. Assessment of penalties 
‘‘(a) GENERAL AUTHORITY.—Until a matter is referred to the 
Attorney General, the Federal Maritime Commission may, after 
notice and opportunity for a hearing, assess a civil penalty provided 
for in this part. The Commission may compromise, modify, or remit, 
with or without conditions, a civil penalty. 
‘‘(b) FACTORS IN DETERMINING AMOUNT.—In determining the 
amount of a civil penalty, the Commission shall take into account 
the nature, circumstances, extent, and gravity of the violation com-
mitted and, with respect to the violator, the degree of culpability, 
history of prior offenses, ability to pay, and other matters justice 
may require. 
‘‘(c) EXCEPTION.—A civil penalty may not be imposed for con-
spiracy to violate section 41102(a) or 41104(1) or (2) of this title 
or to defraud the Commission by concealing such a violation. 
‘‘(d) PROHIBITED BASIS
OF PENALTY.—The Commission or a 
court may not order a 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 a tariff or service contract 
by that common carrier for the transportation service provided. 
‘‘(e) TIME LIMIT.—A proceeding to assess a civil penalty under 
this section must be commenced within 5 years after the date 
of the violation. 
‘‘(f) REVIEW
OF CIVIL PENALTY.—A person against whom a 
civil penalty is assessed under this section may obtain review 
under chapter 158 of title 28. 
‘‘(g) CIVIL ACTIONS TO COLLECT.—If a person does not pay 
an assessment of a civil penalty after it has become final or after 
the appropriate court has entered final judgment in favor of the 
Commission, the Attorney General at the request of the Commission 
may seek to collect the amount assessed in an appropriate district 
court of the United States. The court shall enforce the order of 
the Commission unless it finds that the order was not regularly 
made and duly issued. 
‘‘CHAPTER 413—ENFORCEMENT
‘‘Sec. 
‘‘41301.
Complaints.
H. R. 1442—61
‘‘41302.
Investigations. 
‘‘41303.
Discovery and subpoenas. 
‘‘41304.
Hearings and orders. 
‘‘41305.
Award of reparations. 
‘‘41306.
Injunctive relief sought by complainants. 
‘‘41307.
Injunctive relief sought by the Commission. 
‘‘41308.
Enforcement of subpoenas and orders. 
‘‘41309.
Enforcement of reparation orders.
‘‘§ 41301. Complaints 
‘‘(a) IN GENERAL.—A person may file with the Federal Maritime 
Commission a sworn complaint alleging a violation of this part, 
except section 41307(b)(1). If the complaint is filed within 3 years 
after the claim accrues, the complainant may seek reparations 
for an injury to the complainant caused by the violation. 
‘‘(b) NOTICE AND RESPONSE.—The Commission shall provide 
a copy of the complaint to the person named in the complaint. 
Within a reasonable time specified by the Commission, the person 
shall satisfy the complaint or answer it in writing. 
‘‘(c) IF COMPLAINT NOT SATISFIED.—If the complaint is not 
satisfied, the Commission shall investigate the complaint in an 
appropriate manner and make an appropriate order. 
‘‘§ 41302. Investigations 
‘‘(a) IN GENERAL.—The Federal Maritime Commission, on com-
plaint or its own motion, may investigate any conduct or agreement 
that the Commission believes may be in violation of this part. 
The Commission may by order disapprove, cancel, or modify any 
agreement that operates in violation of this part. 
‘‘(b) EFFECTIVENESS OF AGREEMENT DURING INVESTIGATION.—
Unless an injunction is issued under section 41306 or 41307 of 
this title, an agreement under investigation by the Commission 
remains in effect until the Commission issues its order. 
‘‘(c) DATE FOR DECISION.—Within 10 days after the initiation 
of a proceeding under this section or section 41301 of this title, 
the Commission shall set a date by which it will issue its final 
decision. The Commission by order may extend the date for good 
cause. 
‘‘(d) SANCTIONS
FOR DELAY.—If, within the period for final 
decision under subsection (c), the Commission determines that it 
is unable to issue a final decision because of undue delay caused 
by a party to the proceeding, the Commission may impose sanctions, 
including issuing a decision adverse to the delaying party. 
‘‘(e) REPORT.—The Commission shall make a written report 
of every investigation under this part in which a hearing was 
held, stating its conclusions, decisions, findings of fact, and order. 
The Commission shall provide a copy of the report to all parties 
and publish the report for public information. A published report 
is competent evidence in a court of the United States. 
‘‘§ 41303. Discovery and subpoenas 
‘‘(a) IN GENERAL.—In an investigation or adjudicatory pro-
ceeding under this part—
‘‘(1) the Federal Maritime Commission may subpoena wit-
nesses and evidence; and 
‘‘(2) a party may use depositions, written interrogatories, 
and discovery procedures under regulations prescribed by the 
Commission that, to the extent practicable, shall conform to 
the Federal Rules of Civil Procedure (28 App. U.S.C.).
H. R. 1442—62
‘‘(b) WITNESS FEES.—Unless otherwise prohibited by law, a 
witness is entitled to the same fees and mileage as in the courts 
of the United States. 
‘‘§ 41304. Hearings and orders 
‘‘(a) OPPORTUNITY
FOR
HEARING.—The Federal Maritime 
Commission shall provide an opportunity for a hearing before 
issuing an order relating to a violation of this part or a regulation 
prescribed under this part. 
‘‘(b) MODIFICATION OF ORDER.—The Commission may reverse, 
suspend, or modify any of its orders. 
‘‘(c) REHEARING.—On application of a party to a proceeding, 
the Commission may grant a rehearing of the same or any matter 
determined in the proceeding. Except by order of the Commission, 
a rehearing does not operate as a stay of an order. 
‘‘(d) PERIOD OF EFFECTIVENESS.—An order of the Commission 
remains in effect for the period specified in the order or until 
suspended, modified, or set aside by the Commission or a court 
of competent jurisdiction. 
‘‘§ 41305. Award of reparations 
‘‘(a) DEFINITION.—In this section, the term ‘actual injury’ 
includes the loss of interest at commercial rates compounded from 
the date of injury. 
‘‘(b) BASIC AMOUNT.—If the complaint was filed within the 
period specified in section 41301(a) of this title, the Federal Mari-
time Commission shall direct the payment of reparations to the 
complainant for actual injury caused by a violation of this part, 
plus reasonable attorney fees. 
‘‘(c) ADDITIONAL AMOUNTS.—On a showing that the injury was 
caused by an activity prohibited by section 41102(b), 41104(3) or 
(6), or 41105(1) or (3) of this title, the Commission may order 
the payment of additional amounts, but the total recovery of a 
complainant may not exceed twice the amount of the actual injury. 
‘‘(d) DIFFERENCE BETWEEN RATES.—If the injury was caused 
by an activity prohibited by section 41104(4)(A) or (B) of this title, 
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. 
‘‘§ 41306. Injunctive relief sought by complainants 
‘‘(a) IN GENERAL.—After filing a complaint with the Federal 
Maritime Commission under section 41301 of this title, the 
complainant may bring a civil action in a district court of the 
United States to enjoin conduct in violation of this part. 
‘‘(b) VENUE.—The action must be brought in the judicial district 
in which—
‘‘(1) the Commission has brought a civil action against 
the defendant under section 41307(a) of this title; or 
‘‘(2) the defendant resides or transacts business, if the 
Commission has not brought such an action. 
‘‘(c) REMEDIES BY COURT.—After notice to the defendant, and 
a showing that the standards for granting injunctive relief by courts 
of equity are met, 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 com-
plaint.
H. R. 1442—63
‘‘(d) ATTORNEY FEES.—A defendant prevailing in a civil action 
under this section shall be allowed reasonable attorney fees to 
be assessed and collected as part of the costs of the action. 
‘‘§ 41307. Injunctive relief sought by the Commission 
‘‘(a) GENERAL VIOLATIONS.—In connection with an investigation 
under section 41301 or 41302 of this title, the Federal Maritime 
Commission may bring a civil action to enjoin conduct in violation 
of this part. The action must be brought in the district court 
of the United States for any judicial district in which the defendant 
resides or transacts business. After notice to the defendant, and 
a showing that the standards for granting injunctive relief by courts 
of equity are met, 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. 
‘‘(b) REDUCTION IN COMPETITION.—
‘‘(1) ACTION
BY
COMMISSION.—If, at any time after the 
filing or effective date of an agreement under chapter 403 
of this title, the Commission determines that the agreement 
is likely, by a reduction in competition, to produce an unreason-
able reduction in transportation service or an unreasonable 
increase in transportation cost, the Commission, after notice 
to the person filing the agreement, may bring a civil action 
in the United States District Court for the District of Columbia 
to enjoin the operation of the agreement. The Commission’s 
sole remedy with respect to an agreement likely to have such 
an effect is an action under this subsection. 
‘‘(2) REMEDIES BY COURT.—In an action under this sub-
section, the court may issue—
‘‘(A) a temporary restraining order or a preliminary 
injunction; and 
‘‘(B) a permanent injunction after a showing that the 
agreement is likely to have the effect described in para-
graph (1). 
‘‘(3) BURDEN OF PROOF AND THIRD PARTIES.—In an action 
under this subsection, the burden of proof is on the Commission. 
The court may not allow a third party to intervene. 
‘‘(c) FAILURE TO PROVIDE INFORMATION.—If a person filing an 
agreement, or an officer, director, partner, agent, or employee of 
the person, fails substantially to comply with a request for the 
submission of additional information or documents within the period 
provided in section 40304(c) of this title, the Commission may 
bring a civil action in the United States District Court for the 
District of Columbia. At the request of the Commission, the Court—
‘‘(1) may order compliance; 
‘‘(2) shall extend the period specified in section 40304(c)(2) 
of this title until there has been substantial compliance; and 
‘‘(3) may grant other equitable relief that the court decides 
is appropriate. 
‘‘(d) REPRESENTATION.—The Commission may represent itself 
in a proceeding under this section in—
‘‘(1) a district court of the United States, on notice to 
the Attorney General; and 
‘‘(2) a court of appeals of the United States, with the 
approval of the Attorney General.