Sec. 8. ASSESSMENT OF PENALTIES OR REFUNDS

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## SEC. 8 ASSESSMENT OF PENALTIES OR REFUNDS ###

(a)In General Title 46, United States Code, is amended— ####

(1)in section 41107— #####

(A)in the section heading, by inserting “or refunds” after “penalties”; #####

(B)in subsection (a), by inserting “or, in addition to or in lieu of a civil penalty, is liable for the refund of a charge” after “civil penalty”; and #####

(C)in subsection (b), by inserting “or, in addition to or in lieu of a civil penalty, the refund of a charge,” after “civil penalty”; and ####

(2)section 41109 is amended— #####

(A)by striking subsections

(a)and

(b)and inserting the following: > > ### “(a) General Authority > > Until a matter is referred to the Attorney General, the Federal Maritime Commission may— > > > #### “(1) > > after notice and opportunity for a hearing, in accordance with this part— > > > ##### “(A) > > assess a civil penalty; or > > > ##### “(B) > > in addition to, or in lieu of, assessing a civil penalty under subparagraph (A), order a refund of money (including additional amounts in accordance with section 41305(c)), subject to subsection (b)(2); and > > > #### “(2) > > compromise, modify, or remit, with or without conditions, a civil penalty or refund imposed under paragraph (1). > > > ### “(b) Determination of Amount > > > #### “(1) Factors for consideration > > In determining the amount of a civil penalty assessed or refund of money ordered pursuant to subsection (a), the Federal Maritime Commission shall take into consideration— > > > ##### “(A) > > the nature, circumstances, extent, and gravity of the violation committed; > > > ##### “(B) > > with respect to the violator— > > > ###### “(i) > > the degree of culpability; > > > ###### “(ii) > > any history of prior offenses; > > > ###### “(iii) > > the ability to pay; and > > > ###### “(iv) > > such other matters as justice may require; and > > > ##### “(C) > > the amount of any refund of money ordered pursuant to subsection (a)(1)(B). > > > #### “(2) Commensurate reduction in civil penalty > > > ##### “(A) In general > > In any case in which the Federal Maritime Commission orders a refund of money pursuant to subsection (a)(1)(B) in addition to assessing a civil penalty pursuant to subsection (a)(1)(A), the amount of the civil penalty assessed shall be decreased by any additional amounts included in the refund of money in excess of the actual injury (as defined in section 41305(a)). > > > ##### “(B) Treatment of refunds > > A refund of money ordered pursuant to subsection (a)(1)(B) shall be— > > > ###### “(i) > > considered to be compensation paid to the applicable claimant; and > > > ###### “(ii) > > deducted from the total amount of damages awarded to that claimant in a civil action against the violator relating to the applicable violation.” > ; #####

(B)in subsection (c), by striking “may not be imposed” and inserting “or refund of money under subparagraph

(A)or (B), respectively, of subsection (a)(1) may not be imposed”; #####

(C)in subsection (e), by inserting “or order a refund of money” after “penalty”; #####

(D)in subsection (f), by inserting “, or that is ordered to refund money,” after “assessed”; and #####

(E)in subsection (g), in the first sentence, by inserting “or a refund required under this section” after “penalty”.