46 U.S. Code § 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, 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.
Source(Pub. L. 109–304, § 7,Oct. 6, 2006, 120 Stat. 1546.)
|Revised Section||Source (U.S. Code)||Source (Statutes at Large)|
|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.
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