Shipping Act of 1984

(Conference report filed in House, H. Rept. 98-600) Shipping Act of 1984 - Makes this Act applicable to agreements by or among ocean common carriers to: (1) discuss, fix, or regulate transportation rates, accommodations, and other conditions of service; (2) pool or apportion traffic, revenues, net losses, or net profits; (3) allot ports or regulate the number and character of sailings between ports; (4) limit or regulate the volume or character of cargo or passenger traffic; (5) engage in exclusive, preferential, or cooperative working arrangements among themselves or marine terminal operators or non-vessel-operating common carriers; (6) control, regulate, or prevent competition in international ocean transportation; and (7) regulate or prohibit the use of service contracts. Makes this Act applicable to agreements among marine terminal operators (to the extent such agreements involve ocean transportation in foreign commerce) and among marine terminal operators and ocean common carriers to: (1) discuss, fix, or regulate rates or other conditions of service; and (2) engage in exclusive, preferential, or cooperative working arrangements. Requires that a copy of every applicable agreement be filed with the Federal Maritime Commission, except transportion performance agreements within or between foreign countries. Authorizes the Commission to prescribe the form and manner in which such agreements shall be filed and the additional information necessary to evaluate them. Sets forth requirements for contents of conference agreements (including conferences utilizing loyalty contracts), interconference agreements, and assessment agreements. Describes criteria by which the Commission shall suspend, cancel, or modify such agreements. Declares that this Act, the Shipping Act, 1916, and the Intercoastal Shipping Act, 1933, do not apply to maritime labor agreements. Exempts certain agreements, contracts, and activities from the antitrust laws. Directs ocean common carriers and conferences to file with the Commission, and keep open to public inspection, tariffs showing all rates between all points on each carrier's routes. Sets forth procedures for rate changes and refunds of rate charges. Authorizes the use of time/volume rates. Authorizes ocean common carriers or conferences to enter into service contracts with individual shippers. Prohibits a controlled carrier from maintaining rates in its tariffs that are below a level that is just and reasonable. Describes standards against which such rates shall be disapproved. Provides for Presidential review of any order of suspension or final order of disapproval of rates of a controlled carrier. Exempts specified types of foreign carriers from the provisions of this Act. Sets forth prohibited acts for common carriers, ocean freight forwarders, and marine terminal operators and prohibits specified concerted actions. Describes procedures for the investigation and adjudication of complaints alleging a violation of this Act. Sets forth civil penalties for such violations. Declares that orders of the Commission relating to any violation of this Act shall remain in effect for the period of time specified in such order unless suspended, modified, or set aside by the Commission or a court of competent jurisdiction. Authorizes the Commission or the injured party to seek injunctive relief in the appropriate United States district court for the enforcement of Commission orders. Authorizes the Commission to require reports and certificates from persons or entities governed by provisions of this Act. Permits the Commission to exempt any specified activity or class of agreements from provisions of this Act. Directs the Commission, for a period of five years following the enactment of this Act, to collect and analyze information concerning the impact of this Act upon the international ocean shipping industry. Sets forth provisions for agency reports. Establishes the Advisory Commission on Conferences in Ocean Shipping, effective five and one-half years after enactment of this Act, to conduct a comprehensive study of conferences in ocean shipping. Terminates the Advisory Commission 30 days after its final report. Authorizes appropriations to carry out its activities. Sets forth criteria under which the Federal Trade Commission may issue licenses to persons to act as ocean freight forwarders.

(Measure passed House, amended, in lieu of H.R. 1878) Shipping Act of 1983 - Makes this Act applicable to agreements by or among ocean common carriers to: (1) discuss, fix, or regulate transportation rates, accommodations, and other conditions of service; (2) pool or apportion traffic, revenues, net losses, or net profits; (3) allot ports or regulate the number and character of sailings between ports; (4) limit or regulate the volume or character of cargo or passenger traffic; (5) engage in exclusive, preferential, or cooperative working arrangements among themselves or marine terminal operators or non-vessel-operating common carriers; and (6) control, regulate, or prevent competition in international ocean transportation. Makes this Act applicable to agreements among marine terminal operators (to the extent such agreements involve ocean transportation in foreign commerce) and among marine terminal operators and ocean common carriers to: (1) discuss, fix, or regulate rates or other conditions of service; and (2) engage in exclusive, preferential, or cooperative working arrangements. Requires that a copy of every applicable agreement be filed with the Federal Maritime Commission, except transportion performance agreements within or between foreign countries. Sets forth requirements for contents of conference agreements (including conferences utilizing loyalty contracts), interconference agreements, and assessment agreements. Describes criteria by which the Commission shall suspend, cancel, or modify such agreements. Authorizes ocean common carriers or conferences engaged in foreign commerce to use loyalty contracts according to specified requirements. Exempts certain agreements, contracts, and activities from the antitrust laws. Directs ocean common carriers and conferences to file with the Commission, and keep open to public inspection, tariffs showing all rates between all points on each carrier's routes. Sets forth procedures for rate changes and refunds of rate charges. Authorizes the use of time/volume rates. Authorizes ocean common carriers or conferences to enter into service contracts with individual shippers. Prohibits a controlled carrier from maintaining rates in its tariffs that are below a level that is just and reasonable. Describes standards against which such rates shall be disapproved. Provides for Presidential review of any order of suspension or final order of disapproval of rates of a controlled carrier. Exempts specified types of foreign carriers from the provisions of this Act. Sets forth prohibited acts for common carriers and marine terminal operators and prohibits specified concerted actions. Describes procedures for the investigation and adjudication of complaints alleging a violation of this Act. Sets forth civil penalties for such violations. Authorizes the Commission upon complaint or its own motion to disapprove, cancel, or modify any agreement inconsistent with this Act. Declares that orders of the Commission relating to any violation of this Act shall remain in effect for the period of time specified in such order unless suspended, modified, or set aside by the Commission or a court of competent jurisdiction. Authorizes the Commission or the injured party to seek injunctive relief in the appropriate United States district court for the enforcement of Commission orders. Authorizes the Commission to require reports and certificates from persons or entities governed by provisions of this Act. Permits the Commission to exempt any specified activity or class of agreements from provisions of this Act. Establishes the Commission on the Deregulation of International Ocean Shipping to conduct a comprehensive study of, and make recommendations concerning, the deregulation of international ocean shipping by common carriers. Sets forth areas that such study shall specifically address. Requires the Commission to submit a final report to the President and Congress, not later than one year after its first meeting. Terminates the Commission 60 days after such report. Authorizes appropriations. Sets forth criteria under which the Federal Trade Commission may issue licenses to persons to act as ocean freight forwarders. Requires the Commission to collect and analyze data that will assist in assessing the impact of this Act, and to report to Congress before December 31, 1988, on such data.

(Measure passed Senate, amended, roll call #6 (64-33)) Shipping Act of 1983 - Makes this Act applicable to agreements by or among ocean common carriers to: (1) discuss, fix, and regulate rates, accommodations, and other conditions of service; (2) pool or apportion traffic, revenues, net losses, or net profits; (3) allot ports or regulate the number and character of sailings between ports; (4) limit or regulate the volume or character of cargo or passenger traffic; (5) engage in exclusive, preferential, or cooperative working arrangements among themselves or marine terminal operators or non-vessel-operating common carriers; (6) control, regulate, or prevent competition in international ocean transportation; and (7) consult and confer with shippers and shippers' councils regarding general rate levels, charges, classifications, rules, practices, or services. Excludes bulk cargo vessels from the definition of ocean common carriers under this Act. Makes this Act applicable to agreements among marine terminal operators, and among such operators and ocean common carriers to: (1) discuss, fix, and regulate rates and other conditions of service; and (2) engage in exclusive, preferential, or cooperative working arrangements. Requires that a copy of every applicable agreement be filed with the Federal Maritime Commission, except transportation performance agreements within or between foreign countries. Sets forth requirements for contents of conference agreements (including conferences utilizing loyalty contracts or serving members of the Organization of Economic Cooperation and Development), interconference agreements, and assessment agreements. Describes criteria by which the Commission shall suspend, cancel, or modify such agreements. Authorizes ocean common carriers or conferences engaged in foreign commerce to use loyalty contracts according to specified requirements. Reserves five percent of a shipper's tonnage to independent carriers. Exempts certain agreements, contracts, and activities from the antitrust laws, including certain joint ventures by small shippers. Does not exempt discussions or agreements among ocean common carriers about the inland divisions (as opposed to inland portions) of through rates in the United States. Directs ocean common carriers and conferences to file with the Commission, and keep open to public inspection, tariffs showing all rates between all points on each carrier's routes. Authorizes the use of time/volume rates. Authorizes ocean common carriers or conferences to enter into service contracts with individual shippers or with a shippers council. Prohibits a controlled carrier from maintaining rates in its tariffs that are below a level that is just and reasonable. Describes standards against which such rates shall be disapproved. Provides for presidential review of any order of suspension or final order of disapproval of rates of a controlled carrier. Exempts specified types of foreign carriers from the provisions of this Act. Requires that ocean freight forwarders be licensed by the Commission. Sets forth circumstances under which ocean freight forwarders may be compensated by common carriers. Sets forth prohibited acts for common carriers, conferences, ocean freight forwarders, and marine terminal operators. Prohibits specified concerted actions, including boycotting or forming and participating in net profit and loss pools. Directs the Commission, after notice and hearing, to suspend the tariffs of carriers of national lines of foreign governments, if the Commission finds that actions of such carriers or foreign governments have unduly impaired access of ships documented under United States flag to ocean trades between foreign ports. Describes procedures for the investigation and adjudication of complaints alleging a violation of this Act. Sets forth civil penalties and reparations for such violations. Requires approval of equal access pooling agreements entered into by U.S.-flag carriers out of necessity because of the cargo reservation laws or trading practices of foreign countries. Declares that orders of the Commission relating to any violation of this Act shall remain in effect for the period of time specified in such order unless suspended, modified, or set aside by the Commission or a court of competent jurisdiction. Authorizes the Commission or the injured party to seek injunctive relief in the appropriate United States district court for the enforcement of Commission orders. Empowers the Attorney General to seek enforcement in U.S. district courts after a Commission order has been violated or a subpoena has been ignored. Sets a maximum two-year statute of limitations for enforcement actions (or one year after a violation is discovered, or should be discovered). Authorizes the Commission to require reports and certificates from persons or entities governed by provisions of this Act. Permits the Commission to exempt any specified activity or class of agreements from provisions of this Act, but only if such exemption is unlikely to lessen significantly competition in any U.S. trade in which common carriers operate, or otherwise to substantially impair regulation. Directs the Comptroller General, not later than two years after enactment of such Act, to submit to Congress a comprehensive study of the regulation of international ocean shipping by common carriers.

(Reported to Senate from Committee on Commerce,Science,and Transportation,amended(without written rept)) Shipping Act of 1983 - Makes this Act applicable to agreements by or among ocean common carriers to: (1) discuss, fix, and regulate rates, accommodations, and other conditions of service; (2) pool or apportion traffic, revenues, net losses, or net profits; (3) allot ports or regulate the number and character of sailings between ports; (4) limit or regulate the volume or character of cargo or passenger traffic; (5) engage in exclusive, preferential, or cooperative working arrangements among themselves or marine terminal operators or non-vessel-operating common carriers; (6) control, regulate, or prevent competition in international ocean transportation; and (7) consult and confer with shippers and shippers' councils regarding general rate levels, charges, classifications, rules, practices, or services. Makes this Act applicable to agreements among marine terminal operators, and among such operators and ocean common carriers to: (1) discuss, fix, and regulate rates and other conditions of service; (2) pool or apportion earnings, losses, or traffic; and (3) engage in exclusive, preferential, or cooperative working arrangements. Allows shippers to establish shippers' councils to: (1) mutually consult and exchange information or views regarding rates, charges, classifications, rules, practices, or services; (2) agree upon common positions; (3) consult and confer with ocean common carriers or conferences regarding rate levels, charges, classifications, rules, practices, or services; and (4) in the case of a small shipper, combine cargo with another small shipper to obtain time/volume rates and service contracts with ocean common carriers. Requires that a copy of every applicable agreement be filed with the Federal Maritime Commission, except transportation performance agreements within or between foreign countries. Sets forth requirements for contents of conference agreements (including conferences utilizing loyalty contracts), interconference agreements, shippers' council agreements, and assessment agreements. Describes criteria by which the Commission shall suspend, cancel, or modify such agreements. Authorizes ocean common carriers or conferences engaged in foreign commerce to use loyalty contracts according to specified requirements. Exempts certain agreements, contracts, and activities from the antitrust laws. Directs ocean common carriers and conferences to file with the Commission, and keep open to public inspection, tariffs showing all rates between all points on each carrier's routes. Sets forth procedures for rate changes and refunds of rate charges. Authorizes the use of time/volume rates. Authorizes ocean common carriers or conferences to enter into service contracts with individual shippers or with a shippers council. Prohibits a controlled carrier from maintaining rates in its tariffs that are below a level that is just and reasonable. Describes standards against which such rates shall be disapproved. Provides for presidential review of any order of suspension or final order of disapproval of rates of a controlled carrier. Exempts specified types of foreign carriers from the provisions of this Act. Requires that ocean freight forwarders be licensed by the Commission. Sets forth circumstances under which ocean freight forwarders may be compensated by common carriers. Sets forth prohibited acts for common carriers, conferences, ocean freight forwarders, and marine terminal operators. Prohibits specified concerted actions. Directs the Commission, after notice and hearing, to suspend the tariffs of carriers of national lines of foreign governments, if the Commission finds that actions of such carriers or foreign governments have unduly impaired access of ships documented under United States flag to ocean trades between foreign ports. Describes procedures for the investigation and adjudication of complaints alleging a violation of this Act. Sets forth civil penalties for such violations. Declares that orders of the Commission relating to any violation of this Act shall remain in effect for the period of time specified in such order unless suspended, modified, or set aside by the Commission or a court of competent jurisdiction. Authorizes the Commission or the injured party to seek injunctive relief in the appropriate United States district court for the enforcement of Commission orders. Authorizes the Commission to require reports and certificates from persons or entities governed by provisions of this Act. Permits the Commission to exempt any specified activity or class of agreements from provisions of this Act. Directs the Comptroller General, not later than two years after enactment of such Act, to submit to Congress a comprehensive study of the regulation of international ocean shipping by common carriers.

Shipping Act of 1983 - Makes this Act applicable to agreements by or among ocean common carriers to: (1) discuss, fix, and regulate rates, accommodations, and other conditions of service; (2) pool or apportion traffic, revenues, net losses, or net profits; (3) allot ports or regulate the number and character of sailings between ports; (4) limit or regulate the volume or character of cargo or passenger traffic; (5) engage in exclusive, preferential, or cooperative working arrangements among themselves or marine terminal operators or non- vessel-operating common carriers; (6) control, regulate, or prevent competition in international ocean transportation; and (7) consult and confer with shippers and shippers' councils regarding general rate levels, charges, classifications, rules, practices, or services. Makes this Act applicable to agreements among marine terminal operators, and among such operators and ocean common carriers to: (1) discuss, fix, and regulate rates and other conditions of service; (2) pool or apportion earnings, losses, or traffic; and (3) engage in exclusive, preferential, or cooperative working arrangements. Allows shippers to establish shippers' councils to: (1) mutually consult and exchange information or views regarding rates, charges, classifications, rules, practices, or services; (2) agree upon common positions; (3) consult and confer with ocean common carriers or conferences regarding rate levels, charges, classifications, rules, practices, or services; and (4) consolidate cargo and negotiate time/volume and service contracts with ocean common carriers. Requires that a copy of every applicable agreement be filed with the Federal Maritime Commission, except transportation performance agreements within or between foreign countries. Sets forth requirements for contents of conference agreements (including conferences utilizing loyalty contracts), interconference agreements, shippers' council agreements, and assessment agreements. Describes criteria by which the Commission shall suspend, cancel, or modify such agreements. Authorizes ocean common carriers or conferences engaged in foreign commerce to use loyalty contracts according to specified requirements. Exempts certain agreements, contracts, and activities from the antitrust laws. Directs ocean common carriers and conferences to file with the Commission, and keep open to public inspection, tariffs showing all rates between all points on each carrier's routes. Sets forth procedures for rate changes and refunds of rate charges. Authorizes the use of time/volume rates. Authorizes ocean common carriers or conferences to enter into service contracts with individual shippers or with a shippers council. Prohibits a controlled carrier from maintaining rates in its tariffs that are below a level that is just and reasonable. Describes standards against which such rates shall be disapproved. Provides for Presidential review of any order of suspension or final order of disapproval of rates of a controlled carrier. Exempts specified types of foreign carriers from the provisions of this Act. Requires that ocean freight forwarders be licensed by the Commission. Sets forth circumstances under which ocean freight forwarders may be compensated by common carriers. Sets forth prohibited acts for common carriers, conferences, ocean freight forwarders, and marine terminal operators. Prohibits specified concerted actions. Describes procedures for the investigation and adjudication of complaints alleging a violation of this Act. Sets forth civil penalties for such violations. Declares that orders of the Commission relating to any violation of this Act shall remain in effect for the period of time specified in such order unless suspended, modified, or set aside by the Commission or a court of competent jurisdiction. Authorizes the Commission or the injured party to seek injunctive relief in the appropriate United States district court for the enforcement of Commission orders. Authorizes the Commission to require reports and certificates from persons or entities governed by provisions of this Act. Permits the Commission to exempt any specified activity or class of agreements from provisions of this Act.