‘‘(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 ship-
per 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 complaint. 
‘‘(d) ATTORNEY FEES.—A defendant prevailing in a civil action under 
this section shall be allowed reasonable attorney fees to be assessed and col-
lected 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 
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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 restrain-
ing order or preliminary injunction for a period not to exceed 10 days after 
the Commission has issued an order disposing of the issues under investiga-
tion. 
‘‘(b) REDUCTION IN COMPETITION.— 
‘‘(1) ACTION BY COMMISSION.—If, at any time after the filing or ef-
fective date of an agreement under chapter 403 of this title, the Com-
mission determines that the agreement is likely, by a reduction in com-
petition, to produce an unreasonable 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 en-
join 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 subsection, the 
court may issue— 
‘‘(A) a temporary restraining order or a preliminary injunction; 
and 
‘‘(B) a permanent injunction after a showing that the agree-
ment is likely to have the effect described in paragraph (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 agree-
ment, or an officer, director, partner, agent, or employee of the person, fails 
substantially to comply with a request for the submission of additional infor-
mation 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 appro-
priate. 
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‘‘(d) REPRESENTATION.—The Commission may represent itself in a pro-
ceeding 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. 
‘‘§ 41308. Enforcement of subpoenas and orders 
‘‘(a) CIVIL ACTION.—If a person does not comply with a subpoena or 
order of the Federal Maritime Commission, the Attorney General, at the re-
quest of the Commission, or an injured party, may seek enforcement in a 
district court of the United States having jurisdiction over the parties. If, 
after hearing, the court determines that the subpoena or order was regularly 
made and duly issued, the court shall enforce the subpoena or order. 
‘‘(b) TIME LIMIT ON BRINGING ACTIONS.—An action under this section 
to enforce an order of the Commission must be brought within 3 years after 
the date the order was violated. 
‘‘§ 41309. Enforcement of reparation orders 
‘‘(a) CIVIL ACTION.—If a person does not comply with an order of the 
Federal Maritime Commission for the payment of reparation, the person to 
whom the award was made may seek enforcement of the order in a district 
court of the United States having jurisdiction over the parties. 
‘‘(b) PARTIES AND SERVICE OF PROCESS.—All parties in whose favor the 
Commission has made an award of reparation by a single order may be 
joined as plaintiffs, and all other parties in the order may be joined as de-
fendants, in a single action in a judicial district in which any one plaintiff 
could maintain an action against any one defendant. Service of process 
against a defendant not found in that district may be made in a district 
in which any office of that defendant is located or in which any port of call 
on a regular route operated by that defendant is located. Judgment may 
be entered for any plaintiff against the defendant liable to that plaintiff. 
‘‘(c) NATURE OF REVIEW.—In an action under this section, the findings 
and order of the Commission are prima facie evidence of the facts stated 
in the findings and order. 
‘‘(d) COSTS AND ATTORNEY FEES.—The plaintiff is not liable for costs 
of the action or for costs of any subsequent stage of the proceedings unless 
they accrue on the plaintiff’s appeal. A prevailing plaintiff shall be allowed 
reasonable attorney fees to be assessed and collected as part of the costs 
of the action. 
‘‘(e) TIME LIMIT ON BRINGING ACTIONS.—An action under this section 
to enforce an order of the Commission must be brought within 3 years after 
the date the order was violated. 
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‘‘PART B—ACTIONS TO ADDRESS FOREIGN PRACTICES 
‘‘CHAPTER 421—REGULATIONS AFFECTING SHIPPING IN 
FOREIGN TRADE 
‘‘Sec. 
‘‘42101.
Regulations of the Commission. 
‘‘42102.
Regulations of other agencies. 
‘‘42103.
No preference to Government-owned vessels. 
‘‘42104.
Information, witnesses, and evidence. 
‘‘42105.
Disclosure to public. 
‘‘42106.
Other actions to remedy unfavorable conditions. 
‘‘42107.
Refusal of clearance and entry. 
‘‘42108.
Penalty for operating under suspended tariff or service contract. 
‘‘42109.
Consultation with other agencies. 
‘‘§ 42101. Regulations of the Commission 
‘‘(a) UNFAVORABLE CONDITIONS.—To further the objectives and policy 
set forth in section 50101 of this title, the Federal Maritime Commission 
shall prescribe regulations affecting shipping in foreign trade, not in conflict 
with law, to adjust or meet general or special conditions unfavorable to ship-
ping in foreign trade, whether in a particular trade or on a particular route 
or in commerce generally, including intermodal movements, terminal oper-
ations, cargo solicitation, agency services, ocean transportation intermediary 
services and operations, and other activities and services integral to trans-
portation systems, and which arise out of or result from laws or regulations 
of a foreign country or competitive methods, pricing practices, or other 
practices employed by owners, operators, agents, or masters of vessels of a 
foreign country. 
‘‘(b) INITIATION OF REGULATION.—A regulation under subsection (a) 
may be initiated by the Commission on its own motion or on the petition 
of any person, including another component of the United States Govern-
ment. 
‘‘§ 42102. Regulations of other agencies 
‘‘(a) REQUEST TO AGENCY.—To further the objectives and policy set 
forth in section 50101 of this title, the Federal Maritime Commission shall 
request the head of a department, agency, or instrumentality of the United 
States Government to suspend, modify, or annul any existing regulations, 
or to make new regulations, affecting shipping in the foreign trade, except 
regulations relating to the Public Health Service, the Consular Service, or 
the inspection of vessels. 
‘‘(b) PRIOR REVIEW AND APPROVAL.—A department, agency, or instru-
mentality of the Government may not prescribe a regulation affecting ship-
ping in the foreign trade (except a regulation affecting the Public Health 
Service, the Consular Service, or the inspection of vessels) until the regula-
tion has been submitted to the Commission for its approval and final action 
has been taken by the Commission or the President. 
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