Text: H.R.6167 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Introduced in House (09/22/2010)


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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 40701. Controlled carrier rates”;

(2) by striking the heading for section 40702 and inserting the following:

§ 40702. Controlled carrier rate standards”;

(3) by striking the heading for section 40703 and inserting the following:

§ 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.