‘‘(c) FAILURE TO PROVIDE INFORMATION.— 
‘‘(1) PENALTIES.—If the Commission finds, after notice and oppor-
tunity for a hearing, that a common carrier has failed to supply infor-
mation ordered to be produced or compelled by subpoena under section 
41303 of this title, the Commission may— 
‘‘(A) suspend any or all tariffs of the carrier or the carrier’s right 
to use any or all tariffs of conferences of which it is a member; and 
‘‘(B) request the Secretary of Homeland Security to refuse or re-
voke any clearance required for a vessel operated by the carrier, and 
when so requested, the Secretary shall refuse or revoke the clearance. 
‘‘(2) DEFENSE BASED ON FOREIGN LAW.—If, in defense of its failure 
to comply with a subpoena or discovery order, a common carrier alleges 
that information or documents located in a foreign country cannot be 
produced because of the laws of that country, the Commission shall im-
mediately notify the Secretary of State of the failure to comply and of 
the allegation relating to foreign laws. On receiving the notification, the 
Secretary of State shall promptly consult with the government of the na-
tion within which the information or documents are alleged to be located 
for the purpose of assisting the Commission 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 car-
rier, 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 au-
thorized 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 immediately to the President. 
The President, within 10 days after receiving it, may disapprove it if the 
President finds that disapproval 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 Commis-
sion 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, cir-
cumstances, 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 other matters justice may require. 
‘‘(c) EXCEPTION.—A civil penalty may not be imposed for conspiracy to 
violate section 41102(a) or 41104(1) or (2) of this title or to defraud the Com-
mission 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. 
‘‘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 Commis-
sion 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 complaint or 
its own motion, may investigate any conduct or agreement that the Commis-
sion 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 Commis-
sion issues its order. 
‘‘(c) DATE FOR DECISION.—Within 10 days after the initiation of a pro-
ceeding 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 Com-
mission may impose sanctions, including issuing a decision adverse to the de-
laying party. 
‘‘(e) REPORT.—The Commission shall make a written report of every inves-
tigation 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 proceeding under 
this part— 
‘‘(1) the Federal Maritime Commission may subpoena witnesses and 
evidence; and 
‘‘(2) a party may use depositions, written interrogatories, and dis-
covery procedures under regulations prescribed by the Commission that, 
to the extent practicable, shall conform to the Federal Rules of Civil Pro-
cedure (28 App. U.S.C.). 
‘‘(b) WITNESS FEES.—Unless otherwise prohibited by law, a witness is en-
titled 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 Commis-
sion may grant a rehearing of the same or any matter determined in the pro-
ceeding. 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 speci-
fied in section 41301(a) of this title, the Federal Maritime 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 ac-
tivity 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 viola-
tion 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.