Us Code § 41305 - Award of reparations

Full text of Us Code United States Code § 41305 — Award of reparations, with citation guidance and answers to common questions.

§ 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 Maritime Commission shall direct the payment of reparations to the complainant for actual injury caused by a violation of this part.

(c) Additional Amounts.—On a showing that the injury was caused by an activity prohibited by section subsection 1 (b) or (c) of section 41102, paragraph (3) or (6) of section 41104(a), or paragraph (1) or (3) of section 41105, 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 subparagraph (A) or (B) of section 41104(a)(4), 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.

(e) Attorney Fees.—In any action brought under section 41301, the prevailing party may be awarded reasonable attorney fees.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1546; Pub. L. 113–281, title IV, §402, Dec. 18, 2014, 128 Stat. 3056; Pub. L. 117–146, §§12, 15(c), June 16, 2022, 136 Stat. 1279.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
41305 46 App.:1710(g) (less time limit). Pub. L. 98–237, §11(g) (less time limit), Mar. 20, 1984, 98 Stat. 80; Pub. L. 98–595, §3(b)(2), Oct. 30, 1984, 98 Stat. 3132; Pub. L. 105–258, title I, §110, Oct. 14, 1998, 112 Stat. 1911.

In subsection (b), the words "within the period specified in section 41301(a) of this title" are substituted for "within 3 years after the cause of action accrued" because the time limit is restated in section 41301(a) instead of in this section. The words "upon petition of the complainant" are omitted as unnecessary. The words "after notice and hearing" are omitted as unnecessary because of section 41304(a) of the revised title.


Editorial Notes

Amendments

2022—Subsec. (c). Pub. L. 117–146, §15(c)(1), substituted "paragraph (3) or (6) of section 41104(a), or paragraph (1) or (3) of section 41105" for "41104(3) or (6), or 41105(1) or (3) of this title".

Pub. L. 117–146, §12, substituted "subsection (b) or (c) of section 41102" for "41102(b)".

Subsec. (d). Pub. L. 117–146, §15(c)(2), substituted "subparagraph (A) or (B) of section 41104(a)(4)" for "section 41104(4)(A) or (B) of this title".

2014—Subsec. (b). Pub. L. 113–281, §402(1), struck out ", plus reasonable attorney fees" before period at end.

Subsec. (e). Pub. L. 113–281, §402(2), added subsec. (e).

1 So in original.

About This Section

46 U.S.C. § 41305 is part of Title 46 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

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Frequently Asked Questions About Us Code § 41305

What does United States Code § 41305 cover?

Section 41305 ("Award of reparations") is part of the United States Code, the codified statutory law of Us Code. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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