H. R. 1442—64
‘‘§ 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 request of the Commission, or an injured party, may seek 
enforcement in a district court of the United States having jurisdic-
tion 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 jurisdic-
tion 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 defendants, 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. 
‘‘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
H. R. 1442—65
Commission shall prescribe regulations affecting shipping in foreign 
trade, not in conflict with law, to adjust or meet general or special 
conditions unfavorable to shipping in foreign trade, whether in 
a particular trade or on a particular route or in commerce generally, 
including intermodal movements, terminal operations, cargo solici-
tation, agency services, ocean transportation intermediary services 
and operations, and other activities and services integral to 
transportation 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 Government. 
‘‘§ 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 regula-
tions, 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 
instrumentality of the Government may not prescribe a regulation 
affecting shipping in the foreign trade (except a regulation affecting 
the Public Health Service, the Consular Service, or the inspection 
of vessels) until the regulation has been submitted to the Commis-
sion for its approval and final action has been taken by the Commis-
sion or the President. 
‘‘(c) SUBMISSION TO PRESIDENT.—If the head of a department, 
agency, or instrumentality of the Government refuses to comply 
with a request under subsection (a) or objects to a decision of 
the Commission under subsection (b), the Commission or the head 
of the department, agency, or instrumentality may submit the facts 
to the President. The President may establish, suspend, modify, 
or annul the regulation. 
‘‘§ 42103. No preference to Government-owned vessels 
‘‘A regulation may not give a vessel owned by the United 
States Government a preference over a vessel owned by citizens 
of the United States and documented under the laws of the United 
States. 
‘‘§ 42104. Information, witnesses, and evidence 
‘‘(a) ORDER TO SUPPLY INFORMATION.—In carrying out section 
42101 of this title, the Federal Maritime Commission may order 
any person (including a common carrier, tramp operator, bulk oper-
ator, shipper, shippers’ association, ocean transportation inter-
mediary, or marine terminal operator, or an officer, receiver, 
trustee, lessee, agent, or employee thereof) to file with the Commis-
sion a report, answers to questions, documentary material, or other 
information the Commission considers necessary or appropriate. 
The Commission may require the response to any such order to
H. R. 1442—66
be made under oath. The response shall be provided in the form 
and within the time specified by the Commission. 
‘‘(b) SUBPOENAS AND DISCOVERY.—In carrying out section 42101 
of this title, the Commission may—
‘‘(1) subpoena witnesses and evidence; and 
‘‘(2) authorize a party to use depositions, written interrog-
atories, and discovery procedures that, to the extent practicable, 
conform to the Federal Rules of Civil Procedure (28 App. 
U.S.C.). 
‘‘(c) WITNESS FEES.—Unless otherwise prohibited by law, and 
subject to funds being appropriated, a witness in a proceeding 
under section 42101 of this title is entitled to the same fees and 
mileage as in the courts of the United States. 
‘‘(d) PENALTIES.—For failure to supply information ordered to 
be produced or compelled by subpoena under this section, the 
Commission may—
‘‘(1) after notice and opportunity for a hearing, suspend 
tariffs and service contracts of a common carrier or the common 
carrier’s right to use tariffs of conferences and service contracts 
of agreements of which it is a member; or 
‘‘(2) assess a civil penalty of not more than $5,000 for 
each day that the information is not provided. 
‘‘(e) ENFORCEMENT.—If a person does not comply with an order 
or subpoena of the Commission under this section, the Commission 
may seek enforcement in a district court of the United States 
having jurisdiction over the parties. If, after hearing, the court 
determines that the order or subpoena was regularly made and 
duly issued, the court shall enforce the order or subpoena. 
‘‘§ 42105. Disclosure to public 
‘‘Notwithstanding any other provision of law, the Federal Mari-
time Commission may refuse to disclose to the public a response 
or other information submitted to it under this chapter. 
‘‘§ 42106. Other actions to remedy unfavorable conditions 
‘‘If the Federal Maritime Commission finds that conditions 
unfavorable to shipping in foreign trade as described in section 
42101 of this title exist, the Commission may—
‘‘(1) limit voyages to and from United States ports or the 
amount or type of cargo carried; 
‘‘(2) suspend, in whole or in part, tariffs and service con-
tracts for carriage to or from United States ports, including 
a common carrier’s right to use tariffs of conferences and service 
contracts of agreements in United States trades of which it 
is a member for any period the Commission specifies; 
‘‘(3) suspend, in whole or in part, an ocean common carrier’s 
right to operate under any agreement filed with the Commis-
sion, including any agreement authorizing preferential treat-
ment at terminals, preferential terminal leases, space char-
tering, or pooling of cargo or revenue with other ocean common 
carriers; 
‘‘(4) impose a fee not to exceed $1,000,000 per voyage; 
or 
‘‘(5) take any other action the Commission finds necessary 
and appropriate to adjust or meet any condition unfavorable 
to shipping in the foreign trade of the United States.
H. R. 1442—67
‘‘§ 42107. Refusal of clearance and entry 
‘‘At the request of the Federal Maritime Commission—
‘‘(1) the Secretary of Homeland Security shall—
‘‘(A) refuse the clearance required by section 60105 
of this title to a vessel of a country that is named in 
a regulation prescribed by the Commission under section 
42101 of this title; and 
‘‘(B) collect any fees imposed by the Commission under 
section 42106(4) of this title; and 
‘‘(2) the Secretary of the department in which the Coast 
Guard is operating shall—
‘‘(A) deny entry, for purposes of oceanborne trade, of 
a vessel of a country that is named in a regulation pre-
scribed by the Commission under section 42101 of this 
title, to a port or place in the United States or the navigable 
waters of the United States; or 
‘‘(B) detain the vessel at the port or place in the United 
States from which it is about to depart for another port 
or place in the United States. 
‘‘§ 42108. Penalty for operating under suspended tariff or 
service contract 
‘‘A common carrier that accepts or handles cargo for carriage 
under a tariff or service contract that has been suspended under 
section 42104(d)(1) or 42106(2) of this title, or after its right to 
use another tariff or service contract has been suspended under 
those provisions, is liable to the United States Government for 
a civil penalty of not more than $50,000 for each day that it 
is found to be operating under a suspended tariff or service contract. 
‘‘§ 42109. Consultation with other agencies 
‘‘The Federal Maritime Commission may consult with, seek 
the cooperation of, or make recommendations to other appropriate 
agencies of the United States Government prior to taking any 
action under this chapter. 
‘‘CHAPTER 423—FOREIGN SHIPPING PRACTICES
‘‘Sec. 
‘‘42301.
Definitions. 
‘‘42302.
Investigations. 
‘‘42303.
Information requests. 
‘‘42304.
Action against foreign carriers. 
‘‘42305.
Refusal of clearance and entry. 
‘‘42306.
Submission of determinations to President. 
‘‘42307.
Review of regulations and orders.
‘‘§ 42301. Definitions 
‘‘(a) DEFINED IN PART A.—In this chapter, the terms ‘common 
carrier’, ‘marine terminal operator’, ‘ocean common carrier’, ‘ocean 
transportation intermediary’, ‘shipper’, and ‘shippers’ association’ 
have the meaning given those terms in section 40102 of this title. 
‘‘(b) OTHER DEFINITIONS.—In this chapter: 
‘‘(1) FOREIGN CARRIER.—The term ‘foreign carrier’ means 
an ocean common carrier a majority of whose vessels are docu-
mented under the laws of a foreign country. 
‘‘(2) MARITIME
SERVICES.—The term ‘maritime services’ 
means port-to-port transportation of cargo by vessels operated 
by an ocean common carrier.