[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6167 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6167

To amend title 46, United States Code, to require the Federal Maritime 
  Commission to maintain an Office of Dispute Resolution and Customer 
                   Advocate, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2010

 Mr. Oberstar (for himself and Mr. Cummings) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 46, United States Code, to require the Federal Maritime 
  Commission to maintain an Office of Dispute Resolution and Customer 
                   Advocate, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shipping Act of 2010''.

SEC. 2. REFERENCES.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 46, United States 
Code.

SEC. 3. OFFICE OF DISPUTE RESOLUTION AND CUSTOMER ADVOCATE.

    (a) In General.--Chapter 3 is amended by adding at the end the 
following new section:
``Sec. 308. Office of Dispute Resolution and Customer Advocate
    ``(a) In General.--(1) The Commission shall maintain an Office of 
Dispute Resolution and Customer Advocate that shall--
            ``(A) mediate disputes between persons subject to the 
        Commission's jurisdiction;
            ``(B) facilitate communication among persons subject to the 
        Commission's jurisdiction and their customers; and
            ``(C) carry out other duties and powers prescribed by the 
        Commission.
    ``(2) The confidentiality and neutrality provisions of the 
subchapter IV of chapter 5, United States Code, shall apply to those 
mediation and facilitation services.
    ``(b) Ombudsman.--The Chairman may designate an employee of the 
Commission to serve as an ombudsman of the Commission in matters of 
Commission interest, including matters related to ocean transportation, 
mergers and acquisitions, or any other matter designated by the 
Commission.''.
    (b) Conforming Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end the following new item:

``308. Office of Dispute Resolution and Customer Advocate.''.

SEC. 4. OCEAN SHIPPING ADVISORY COMMITTEE.

    (a) In General.--Chapter 3 is further amended by adding at the end 
the following new section:
``Sec. 309. Ocean Shipping Advisory Committee
    ``(a) In General.--The Commission shall establish an Ocean Shipping 
Advisory Committee. The Committee--
            ``(1) may review proposed ocean shipping regulations and 
        policies of the Commission and make recommendations to the 
        Commission that the Committee considers appropriate;
            ``(2) may advise, consult with, report to, and, upon 
        approval by at least all but one of the members then serving on 
        the Committee, make recommendations to the Commission on 
        matters relating to ocean shipping transportation by persons 
        subject to this subtitle;
            ``(3) may make available to Congress recommendations that 
        the Committee makes to the Commission;
            ``(4) shall meet at the call of--
                    ``(A) the Chairman of the Commission, in 
                consultation with the other Commissioners, who shall 
                call such a meeting at least once during each calendar 
                year; or
                    ``(B) a majority of the Committee; and
            ``(5) shall not intervene in or seek to influence formal or 
        informal adjudicatory or dispute resolution proceedings before 
        the Commission.
    ``(b) Membership.--
            ``(1) In general.--The Committee shall consist of 18 
        members appointed by the Commission in accordance with this 
        subsection, each of whom has at least 5 years practical 
        experience in their respective ocean shipping operations. The 
        term of each member shall be 5 years. Before filling a position 
        on the Committee, the Commission shall publish a notice in the 
        Federal Register soliciting nominations for membership on the 
        Committee.
            ``(2) Representatives.--The membership of the Committee 
        shall include--
                    ``(A) 6 representatives of ocean common carriers 
                with representation to include those serving the east, 
                west, gulf and Great Lakes coasts of the United States;
                    ``(B) 3 representatives of nonvessel-operating 
                common carriers;
                    ``(C) 3 representatives of ocean freight 
                forwarders;
                    ``(D) 3 representatives of shippers that import 
                goods into the United States, at least one of which 
                must represent small shippers; and
                    ``(E) 3 representatives of shippers that export 
                goods from the United States, at least one of which 
                must represent small shippers.
    ``(c) Chairman and Vice Chairman.--
            ``(1) In general.--The Committee shall elect one of its 
        members as the Chairman and one of its members as the Vice 
        Chairman. The Vice Chairman shall act as Chairman in the 
        absence or incapacity of the Chairman, or in the event of a 
        vacancy in the office of the Chairman.
            ``(2) Designation of observer.--The Chairman of the 
        Commission shall designate a representative to participate as 
        an observer with the Committee. The individual so designated 
        shall act as the executive secretary of the Committee and shall 
        perform the duties set forth in section 10(c) of the Federal 
        Advisory Committee Act (5 U.S.C. App.).
    ``(d) Consideration of Information, Advice, and Recommendations.--
The Commission shall consider the information, advice, and 
recommendations of the Committee in formulating policy regarding 
matters affecting ocean commerce.
    ``(e) Compensation and Expenses.--
            ``(1) In general.--A member of the Committee, when 
        attending meetings of the Committee or when otherwise engaged 
        in the business of the Committee, may receive--
                    ``(A) compensation at a rate fixed by the Chairman 
                of the Commission, not exceeding the daily equivalent 
                of the then current rate of basic pay in effect for 
                Level 18 of the General Schedule under section 5332 of 
                title 5, including for travel time; and
                    ``(B) travel or transportation expenses under 
                section 5703 of title 5.
            ``(2) Not an officer or employee.--A member of the 
        Committee shall not be considered to be an officer or employee 
        of the United States for any purpose based on their receipt of 
        any payment under this subsection.
    ``(f) Termination.--
            ``(1) In general.--Notwithstanding any provision of the 
        Federal Advisory Committee Act (5 U.S.C. App.), the Committee 
        terminates on September 30, 2015.
            ``(2) Recommendation regarding.--Two years before the 
        termination date under paragraph (1), the Committee shall 
        submit to Congress its recommendation regarding whether the 
        Committee should be renewed and continued beyond the 
        termination date.''.
    (b) Conforming Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end the following new item:

``309. Ocean Shipping Advisory Committee.''.

SEC. 5. PURPOSES OF REGULATION OF OCEAN SHIPPING.

    Section 40101(3) is amended to read as follows:
            ``(3) to allow, to the maximum extent possible, competition 
        and the demand for services to determine fair and efficient 
        market rates and charges for transportation by common carriers; 
        and''.

SEC. 6. AMENDMENTS TO DEFINITIONS FOR PART.

    (a) In General.--Section 40102 is amended--
            (1) by striking paragraph (7);
            (2) by redesignating paragraphs (5) and (6) as paragraphs 
        (6) and (7), respectively;
            (3) by redesignating paragraphs (10) through (22) as 
        paragraphs (12) through (24), respectively;
            (4) by redesignating paragraphs (23) through (25) as 
        paragraphs (26) through (28), respectively;
            (5) by inserting after paragraph (4) the following:
            ``(5) Capacity rationalization.--The term `capacity 
        rationalization' means a concerted reduction, stabilization, 
        withholding, or other limitation in any manner by ocean common 
        carriers on the size or number of vessels or available space 
        offered collectively or individually to shippers in any trade 
        or service.'';
            (6) by striking ``ocean'' in paragraph (8);
            (7) by inserting after paragraph (9) the following:
            ``(10) Efficiency and service-enhancing agreement.--The 
        term `efficiency and service-enhancing agreement' means an 
        agreement between ocean common carriers that--
                    ``(A) is likely to produce cognizable efficiencies 
                and improves the service and reliability that would be 
                offered individually by each of its members in the 
                absence of such agreement, while maintaining adequate 
                competition in a trade or service; and
                    ``(B) gives members of the agreement the right to 
                withdraw from the agreement without financial or other 
                penalty.
            ``(11) Equipment provider.--The term `equipment provider' 
        means a person in the United States that rents or leases marine 
        cargo containers, or chassis for marine cargo containers, to 
        shippers or common carriers for use in or related to 
        transportation by water of cargo between the United States and 
        a foreign country.'';
            (8) by amending paragraph (22), as so redesignated, to read 
        as follows:
            ``(22) Service contract.--The term `service contract' means 
        a written contract, other than a bill of lading or receipt, 
        between one or more shippers and a common carrier, in which--
                    ``(A) the shipper or shippers commit to providing a 
                certain volume or portion of cargo over a fixed time 
                period; and
                    ``(B) the common carrier commits to a certain rate 
                or rate schedule and a defined service level that 
                includes assured space and other service features.''; 
                and
            (9) by inserting after paragraph (24), as so redesignated, 
        the following:
            ``(25) Surcharge.--The term `surcharge' means an amount 
        charged by a common carrier related directly to a particular 
        expense or cost incurred by the common carrier that is not 
        included in the basic freight rate.''.
    (b) Conforming Amendment.--Section 431A(b)(1) of the Tariff Act of 
1930 (19 U.S.C. Sec. 1431a(b)(1)) is amended by striking ``section 
40102(16)'' and inserting ``section 40102(18)''.

SEC. 7. ADMINISTRATIVE EXEMPTIONS.

    Section 40103(a) is amended by striking ``agreements'' and all that 
follows through ``from any requirement'' and inserting ``agreements 
subject to this part or any specified activity of persons subject to 
this part from any requirement''.

SEC. 8. TREATMENT OF CERTAIN COMMISSION ORDERS AS INVESTIGATIVE ORDERS.

    Section 40104(b) is amended to read as follows:
    ``(b) Treatment of Certain Commission Orders as Investigative 
Orders.--A Commission order requiring a report, account, record, rate, 
charge, or memorandum pursuant to subsection (a) constitutes an 
investigative order to specific individuals or entities rather than a 
collection of information from a category or class of individuals or 
entities.''.

SEC. 9. APPLICATION OF LAWS REGULATING OCEAN SHIPPING.

    Section 40301 is amended as follows:
            (1) By amending subsection (a) to read as follows:
    ``(a) Ocean Common Carrier Agreements.--This part applies to an 
efficiency and service-enhancing agreement between or among ocean 
common carriers to--
            ``(1) share vessels or space on voyages between ports;
            ``(2) discuss the number and character of voyages between 
        those ports; and
            ``(3) engage in an exclusive, preferential, or cooperative 
        working arrangement between themselves or with a marine 
        terminal operator.''.
            (2) In subsection (c) by inserting before the period the 
        following: ``that does not result in a change of control of an 
        ocean common carrier''.

SEC. 10. RESTRICTIONS ON OCEAN COMMON CARRIER AGREEMENTS.

    (a) In General.--Section 40303 is amended as follows:
            (1) By striking so much as precedes subsection (d) and 
        inserting the following:
    ``(a) Ocean Common Carrier Agreements.--An agreement between or 
among ocean common carriers may not--
            ``(1) allow members of the agreement to discuss, fix, or 
        negotiate any kind of rate or charge with another member of the 
        agreement;
            ``(2) allow members of the agreement to discuss or agree on 
        capacity rationalization;
            ``(3) allow members of the agreement to establish a joint 
        service, or pool or divide cargo traffic, earnings, revenues, 
        or losses;
            ``(4) allow all members of the agreement to allocate 
        customers or markets;
            ``(5) allow members of the agreement to discuss or agree 
        with another member on any service contract matter;
            ``(6) prohibit or restrict a member of the agreement from 
        engaging in negotiations for a service contract with a shipper; 
        or
            ``(7) require a member of the agreement to disclose a 
        negotiation on a service contract, or the terms of a service 
        contract, other than those terms required to be published under 
        section 40502(d) of this title.''.
            (2) By redesignating subsection (d) as subsection (b).
    (b) Conforming Amendment.--Section 41105(6)(A) is amended by 
striking ``40303(d)'' and inserting ``40303(b)''.

SEC. 11. COMMISSION ACTION.

    Section 40304 is amended--
            (1) in subsection (b), by inserting ``is not an efficiency 
        and service-enhancing agreement or'' after ``finds'';
            (2) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``or an ocean common carrier agreement'' 
                after ``assessment agreement''; and
                    (B) in paragraph (2) by striking ``(d)'' and 
                inserting ``(e)'';
            (3) by redesigning subsections (d) through (f) as 
        subsection (e) through (g), respectively;
            (4) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Approval by Commission.--
            ``(1) In general.--An ocean common carrier agreement filed 
        under this part is not effective until it is approved by the 
        Commission as meeting the requirements of this part.
            ``(2) Deadline for approval.--Except as provided in 
        subsection (e), the Commission shall vote on whether or not to 
        approve an agreement before the later of--
                    ``(A) the end of the 90-day period beginning on the 
                date it is filed; or
                    ``(B) if additional information or documents are 
                requested under subsection (e), the end of the 90-day 
                period beginning on the date the Commission receives 
                all the additional information and documents.'';
            (5) in subsection (e), as so redesignated, by inserting 
        ``or (d)'' after ``subsection (c)(1)'';
            (6) in subsection (f)(2), as so redesignated--
                    (A) by inserting before the first sentence the 
                following:
                    ``(A) In general.--''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) Extensions.--If a person filing an agreement, 
                or an officer, director, agent, or employee of that 
                person, fails to substantially comply with a request 
                for the submission of additional information or 
                documents within the period provided in subsection (d), 
                the Commission may extend such period until there has 
                been substantial compliance with the request of the 
                Commission under subsection (e).''; and
            (7) in subsection (g), as so redesignated, by inserting 
        before the period the following: ``, except for an agreement 
        approved under subsection (d)''.

SEC. 12. EXEMPTION.

    Section 40307 is amended--
            (1) in subsection (a)(7), by inserting before the period 
        the following: ``to the extent that such an agreement is 
        approved under this part after January 1, 2011''; and
            (2) in subsection (d), by striking ``by this part'' and 
        inserting ``by section 41106''.

SEC. 13. GENERAL RATE AND TARIFF REQUIREMENTS.

    Section 40501 is amended--
            (1) in subsection (a)(1), by striking ``Each'' and all that 
        follows through ``system,'' and inserting ``Each common carrier 
        shall maintain for public inspection in an automated tariff 
        system on the Internet,'';
            (2) in subsection (b)--
                    (A) in paragraphs (3) and (4), by striking ``or 
                conference'' each place it appears; and
                    (B) by striking ``and'' after the semicolon at the 
                end of paragraph (5), by striking the period at the end 
                of paragraph (6) and inserting a semicolon, and by 
                adding at the end the following new paragraphs:
            ``(7) separately state the charges by the carrier for 
        providing or handling equipment; and
            ``(8) clearly describe any surcharge contained in the 
        tariff.'';
            (3) in subsection (c), by striking the last sentence and 
        inserting the following: ``No fee may be charged for such 
        access.''; and
            (4) in subsection (e)(2), by striking ``on publication'' 
        and inserting ``immediately''.

SEC. 14. SERVICE CONTRACTS.

    Section 40502 is amended--
            (1) in subsection (a), by striking ``ocean common carrier 
        or an agreement between or among ocean common carriers'' and 
        inserting ``common carrier'';
            (2) in subsection (b)(2), by striking ``ocean common 
        carrier or an agreement shall be filed'' and inserting ``common 
        carrier shall be filed electronically and'';
            (3) in subsection (c)--
                    (A) in paragraph (7), by striking ``and'' after the 
                semicolon at the end;
                    (B) in paragraph (8), by striking the period at the 
                end and inserting ``, by common carrier and shipper 
                parties.''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(9) separately state the charges by the carrier for 
        providing equipment.'';
            (4) in subsection (d), by striking ``and (6)'' and 
        inserting ``, (6), and (9)''; and
            (5) in subsection (f)--
                    (A) in the first sentence, by striking 
                ``exclusive''; and
                    (B) by adding at the end the following: ``This 
                subsection does not apply to mediation before the 
                Commission at the request of any party to the service 
                contract or to a dispute covered by section 40505(b) of 
                this title.''.

SEC. 15. REFUNDS AND WAIVERS.

    Section 40503 is amended by striking ``or conference'' each place 
it appears.

SEC. 16. COMPILATION OF COMPLAINTS AND SERVICE RELIABILITY DATA.

    (a) In General.--Chapter 405 is amended by adding at the end the 
following new section:
``Sec. 40504. Compilation of complaints and service reliability data
    ``(a) Database.--The Commission shall establish and maintain a 
database of complaints received by the Commission.
    ``(b) An Annual Report of Service Complaints.--
            ``(1) In general.--The Commission shall post an annual 
        report of formal and informal service complaints received by 
        the Commission during the previous year that shall include--
                    ``(A) the quantity of each type of complaint;
                    ``(B) the geographic region of the complaints; and
                    ``(C) the resolution of the complaints, if 
                appropriate.
            ``(2) Limitation on identification of complainant.--The 
        annual report may identify a complainant that submitted an 
        informal complaint only upon the written consent of the 
        complainant.
    ``(c) Reliability Indicators.--
            ``(1) In general.--The Commission shall, by regulation, 
        require ocean common carriers to report frequency and duration 
        of delays in shipments, all instances in which cargo has not 
        been transported on a voyage for which it was booked, and other 
        service or reliability indicators as determined by the 
        Commission to be appropriate.
            ``(2) Annual report.--
                    ``(A) In general.--The Commission shall issue an 
                annual report of service and reliability indicators for 
                each ocean common carrier.
                    ``(B) Posting on internet.--The reports shall be 
                posted on the Commission's public Internet Web site.''.
    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end the following new item:

``40504. Compilation of complaints and service reliability data.''.

SEC. 17. ARBITRATION OF DISPUTES.

    (a) In General.--Chapter 405 is further amended by adding at the 
end the following new section:
``Sec. 40505. Arbitration of disputes regarding common carrier services
    ``(a) In General.--Not later than one year after enactment of the 
Ocean Shipping Act of 2010, the Commission shall prescribe regulations 
to establish a binding arbitration process to resolve complaints 
subject to the jurisdiction of the Commission and within the scope of 
disputes to which the process applies under subsection (b).
    ``(b) Covered Disputes.--The binding arbitration process--
            ``(1) shall apply to disputes involving service contracts, 
        common carrier practices, and common carrier service 
        expectations that are subject to the jurisdiction of the 
        Commission;
            ``(2) shall not apply to disputes to obtain the grant, 
        denial, stay, or revocation of any license, authorization, or 
        exemption;
            ``(3) shall not apply to disputes solely between 2 or more 
        ocean common carriers; and
            ``(4) shall be agreed upon by the parties to dispute.
    ``(c) Arbitration Procedures.--
            ``(1) In general.--The Commission--
                    ``(A) may make the binding arbitration process 
                available only to the relevant parties--
                            ``(i) after the filing of a formal 
                        complaint; or
                            ``(ii) on petition by a party at the 
                        conclusion of any informal dispute resolution 
                        process provided by the Commission for a 
                        complaint subject to this section;
                    ``(B) shall determine whether to pursue a 
                proceeding under the binding arbitration process no 
                later than 30 days after the filing of a petition or 
                formal complaint; and
                    ``(C) may make the binding arbitration proceeding 
                and decision confidential following a request of the 
                parties submitted at the time of filing the petition or 
                formal complaint.
            ``(2) Prohibition on separate review.--The Commission may 
        not separately review a complaint or dispute related to a rate, 
        practice, or common carrier service that is the subject of a 
        binding arbitration initiated under this subsection involving 
        the same parties.
            ``(3) Consideration of published service expectations.--In 
        resolving disputes involving common carrier service 
        expectations, the arbitrator shall consider service 
        expectations as published under section 40501(h) of this title.
    ``(d) Arbitration Decisions.--Any decision reached in an 
arbitration proceeding under this section shall--
            ``(1) be consistent with this part;
            ``(2) be in writing and contain findings of fact and 
        conclusions;
            ``(3) have no precedential effect in any other or 
        subsequent arbitration proceeding under this section; and
            ``(4) be binding upon the parties.
    ``(e) Timelines.--
            ``(1) In general.--In an arbitration proceeding under this 
        section--
                    ``(A) the arbitrator shall be selected within 14 
                days after the Commission's decision to initiate 
                arbitration;
                    ``(B) the evidentiary phase of the arbitration 
                shall be completed within 90 days after the date of 
                initiation of the arbitration proceeding, unless a 
                party requests an extension and the arbitrator grants 
                it; and
                    ``(C) the arbitrator shall issue a decision within 
                30 days after the close of the evidentiary record.
            ``(2) Extension of deadlines.--The Commission may extend 
        any of the deadlines in this subsection.
    ``(f) Arbitrators.--Arbitration under this section shall be 
conducted by an arbitrator selected from a roster, maintained by the 
Commission, of Commission staff or persons in the private sector with 
transportation, economic regulation, professional or business 
experience, including agriculture. If the parties cannot mutually agree 
on an arbitrator, the parties shall select an arbitrator from the 
roster by alternately striking names from the roster until only 1 name 
remains. The parties shall share the costs of the arbitration equally. 
With respect to arbitration involving a controlled carrier, the 
arbitrator may not be controlled by or in any way affiliated with a 
government that owns or controls the carrier.
    ``(g) Relief.--
            ``(1) Limitation.--A decision under this section may award 
        the payment of damages, but the value of the award may not 
        exceed $250,000 per year and the award may not cover a total 
        time period of more than 2 years.
            ``(2) Review.--The Commission shall periodically review the 
        amount in paragraph (1) and adjust it as necessary to reflect 
        inflation.
    ``(h) Commission Review.--If a party to an arbitration proceeding 
under this section appeals an arbitrator's decision to the Commission, 
the Commission may review the decision under this section to determine 
if--
            ``(1) the decision is consistent with this part as applied 
        by the Commission; or
            ``(2) if the award limitation in subsection (g) is complied 
        with.''.
    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end the following new item:

``40504. Arbitration of disputes regarding common carrier services.''.

SEC. 18. CLERICAL AMENDMENTS RELATING TO CONTROLLED CARRIERS.

    Chapter 407 is amended--
            (1) by striking the heading for section 40701 and inserting 
        the following:
``Sec. 40701. Controlled carrier rates'';
            (2) by striking the heading for section 40702 and inserting 
        the following:
``Sec. 40702. Controlled carrier rate standards'';
            (3) by striking the heading for section 40703 and inserting 
        the following:
``Sec. 40703. Effective date of controlled carrier rates'';
        and
            (4) in the analysis at the beginning of the chapter, by 
        striking the items relating to sections 40701, 40702, and 40703 
        and inserting the following:

``40701. Controlled carrier rates.
``40702. Controlled carrier rate standards.
``40703. Effective date of controlled carrier rates.''.

SEC. 19. COMMISSION REVIEW OF RATES, CHARGES, ETC.: INVESTIGATION AND 
              CIVIL PENALTIES OF CONTROLLED CARRIERS.

    Section 40704 is amended--
            (1) in subsection (b), by adding at the end the following 
        ``In making this determination, the Commission may investigate 
        any relevant conduct under sections 41302 to 41304 of this 
        title.''; and
            (2) by adding at the end the following new subsection:
    ``(f) Civil Penalties.--In addition to any action authorized under 
this section with respect to a rate, charge, classification, rule, or 
regulation the Commission determines to be unjust or unreasonable, the 
Commission may assess civil penalties under section 41109.''.

SEC. 20. OCEAN TRANSPORTATION INTERMEDIARIES: PROHIBITION ON 
              ADVERTISING.

    Section 40901(a) is amended in the first sentence by inserting 
``advertise, hold oneself out, or'' after ``may not''.

SEC. 21. OCEAN TRANSPORTATION INTERMEDIARIES: FINANCIAL RESPONSIBILITY 
              AND RESIDENT AGENTS.

    Section 40902 is amended--
            (1) in subsection (a), by inserting ``advertise, hold 
        oneself out, or'' after ``may not''; and
            (2) in subsection (d), by inserting before the period the 
        following: ``, and Commission requests or demands for records 
        or reports''.

SEC. 22. OCEAN TRANSPORTATION INTERMEDIARIES: SUSPENSION OR REVOCATION 
              OF LICENSE FOR FAILURE TO COMPLY WITH COMMISSION 
              REQUESTS.

    Section 40903(a) is amended by striking ``or'' after the semicolon 
at the end of paragraph (1), striking the period at the end of 
paragraph (2) and inserting ``; or'' and by adding at the end the 
following new paragraph:
            ``(3) failed to comply with a Commission subpoena or 
        request for records.''.

SEC. 23. REPEAL OF PROHIBITIONS OF CERTAIN PAYMENTS.

    Section 40904(d) is amended by striking so much as precedes ``limit 
the payment of compensation'' and inserting the following:
    ``(d) Prohibition on Limiting Payment of Compensation to an Ocean 
Freight Forwarder.--An ocean common carrier may not''.

SEC. 24. REPEAL OF DEFINITION OF JOINT VENTURE AND CONSORTIUM.

    (a) Repeal.--Section 41101 is repealed.
    (b) Clerical Amendment.--The analysis at the beginning of chapter 
411 is amended by striking the item relating to such section.

SEC. 25. REPEAL OF AUTHORITIES TO DISCLOSURE OF INFORMATION.

    Section 41103 is amended--
            (1) in subsection (b), by adding ``or'' after the semicolon 
        at the end of paragraph (1), striking ``; or'' at the end of 
        paragraph (2) and inserting a period, and striking paragraph 
        (3); and
            (2) by striking subsection (c).

SEC. 26. ADDITIONAL PROHIBITIONS OF CERTAIN ACTIONS BY COMMON CARRIERS.

    (a) In General.--Section 41104 is amended--
            (1) by redesignating paragraphs (3) through (12) as 
        paragraphs (4) through (13);
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) refuse or threaten to refuse cargo space 
        accommodations when available;'';
            (3) in paragraph (4), as so redesignated, by striking 
        ``refusing, or threatening to refuse, cargo space 
        accommodations when available, or resort to other'';
            (4) by striking ``or'' after the semicolon at the end of 
        paragraph (12), as so redesignated;
            (5) in paragraph (13), as so redesignated, by striking the 
        period and inserting a semicolon; and
            (6) by adding at the end the following new paragraphs:
            ``(13) discriminate against a shipper or ocean 
        transportation intermediary for supplying their own equipment;
            ``(14) engage in an unfair or deceptive practice or an 
        unfair method of competition in ocean transportation or the 
        sale of ocean transportation;
            ``(15) engage in deceptive or fraudulent practices 
        including unreasonable failure to provide transportation 
        services as agreed to in the contract;
            ``(16) take any action that may have the effect of 
        unreasonably and substantially lessening competition in a 
        trade;
            ``(17) discriminate against a shipper on the basis of 
        nationality or association with another common carrier;
            ``(18) refuse to deliver or release a shipment, if such 
        refusal is based on debts, claims, or amounts owed that are 
        unrelated to a debt, claim, or amount owed by that shipper; or
            ``(19) impose a surcharge that is unreasonable or does not 
        comply with the requirements of this part.''.
    (b) Conforming Amendments.--Section 41305 is amended--
            (1) in subsection (c), by striking ``41103(3) or (6)'' and 
        inserting ``41103 (4) or (7)''; and
            (2) in subsection (d), by striking ``41104(4)(4)(A)'' and 
        inserting ``41104(5)(A)''.

SEC. 27. CONCERTED ACTION.

    Section 41105 is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``conference or'';
            (2) in paragraph (3), by striking ``of a common carrier not 
        a member of the conference, a group of common carriers'' and 
        inserting ``of a common carrier'';
            (3) in paragraph (4), by striking ``conference, joint 
        venture,'' and inserting ``joint venture''; and
            (4) in paragraph (6), by--
                    (A) striking ``that are parties to the agreement''; 
                and
                    (B) striking ``that is a party to the agreement''.

SEC. 28. MONETARY PENALTIES.

    Section 41107(a) is amended by--
            (1) striking ``$5,000'' and inserting ``$25,000''; and
            (2) striking ``, $25,000'' and inserting ``$75,000''.

SEC. 29. ADDITIONAL PENALTIES.

    Section 41108 is amended--
            (1) in subsection (a), by striking ``, or that common 
        carrier's right to use any or all tariffs of conferences of 
        which it is a member,''; and
            (2) in subsection (c)(1)(A), by striking ``or the carrier's 
        right to use any or all tariffs of conferences of which it is a 
        member''.

SEC. 30. OCEAN TRANSPORTATION PRACTICES STUDY.

    (a) Study.--Within 180 days after the date of enactment of this 
Act, the Federal Maritime Commission shall initiate a study of ocean 
transportation practices, including delay of cargo, surcharges, 
penalties, demurrage, accessorial charges, and availability of 
containers for exports from the United States. In conducting the study, 
the Commission shall provide public notice and opportunity for comment 
and conduct one or more public hearings.
    (b) Report to Congress.--Within 180 days after completion of the 
study, the Commission shall provide a report on its findings to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives.
                                 <all>