United States · Law · S
S. 414 (105th)
Ocean Shipping Reform Act of 1998
Introduced
10 March 1997
Last action
14 October 1998 · President
Status
Became Public Law No: 105-258.
Sponsors
Sen. Hutchison, Kay Bailey [R-TX], Rep. Lott, Trent [R-MS-5], Rep. Breaux, John B. [D-LA-7], Sen. Gorton, Slade [R-WA], Sen. McCain, John [R-AZ], Sen. Inouye, Daniel K. [D-HI]
Subjects
Transport
Source updated
7 April 2025
Summary
TABLE OF CONTENTS: Title I: Amendments to the Shipping Act of 1984 Title II: Transfer of Functions of the Federal Maritime Commission to the Intermodal Transportation Board Title III: Amendments to Other Shipping and Maritime Laws Ocean Shipping Reform Act of 1997 - Title I: Amendments to the Shipping Act of 1984 - Amends the Shipping Act of 1984 (the Act) to include as one of its purposes to promote the growth and development of U.S. exports through competitive and efficient ocean transportation and by placing a greater reliance on the marketplace. (Sec. 102) Redefines the term "deferred rebate" with respect to common carriers and shippers to make its payment conditional upon the shipper's agreeing to make a further shipment with that or any other common carrier. Includes "deferred rebate arrangements" within the scope of "loyalty contracts". Redefines "ocean freight forwarder", "service contract", and "shipper". (Sec. 103) Revises the scope of the Act, with respect to certain agreements by or among ocean common carriers, to: (1) exclude from coverage agreements among ocean common carriers to engage in exclusive, preferential, or cooperative working arrangements with non-vessel-operating common carriers; and (2) cover agreements to discuss and agree upon any matter related to service contracts. Repeals coverage of ocean common carrier agreements to regulate or prohibit the use of service contracts. (Sec. 104) Reduces from ten days to five days the deadline for a member of a shipping conference to give notice of independent action on a rate or service item. Requires shipping conference agreements to prohibit the conference from restricting members from negotiating individual service contracts, and from requiring disclosure of confidential individual service contracts. Permits a conference to issue voluntary guidelines for the terms and procedures of such contracts, but not mandate rules. (Sec. 105) Declares that the Act does not extend antitrust immunity to loyalty contracts (a contract with an ocean common carrier or conference, other than a service contract or contract based upon time-volume rates, in which a shipper obtains lower rates by committing all or a fixed portion of its cargo to that carrier or conference). (Sec. 106) Repeals the requirement that a common carrier or conference file tariffs with the Intermodal Transportation Board (ITB) (currently FMC) and changed by title II of this Act), replacing it with a requirement that it keep tariffs open to public inspection in an automated tariff system. Excludes new assembled motor vehicles, among other currently specified items, from this requirement. Mandates that tariffs be made available electronically to the public for inspection, for a reasonable charge but without time, quantity, or other limitation. Revises provisions regarding: (1) service contracts between individual ocean common carriers or among several ocean common carriers and one or more shippers (stating that they are not required to be filed with the ITB); (2) publication of tariff rates and marine terminal operator schedules; and (3) automated tariff systems. (Sec. 107) Amends the High Seas Driftnet Fisheries Enforcement Act to repeal its automated tariff filing and information system requirements. (Sec. 108) Amends the Act to revise requirements for ITB determination of the unjustness and unreasonableness of controlled carrier rates. Changes the ITB's authority to disapprove unjust and unreasonable rates to authority to prohibit them. (Sec. 109) Revises the enumeration of prohibited acts by common carriers with respect to the provision of ocean transportation services. Repeals prohibitions against: (1) charging compensation for transportation service different from that shown in published tariffs or service contracts; (2) rebating portions of rates except in accordance with tariffs or service contracts; and (3) extending or denying privileges, concessions, equipment, or facilities except in accordance with tariffs or service contracts; and (4) using a loyalty contract, except in conformity with antitrust laws. Prohibits providing service in the liner trade that is not in accordance with rates contained in a published tariff or service contract, or that is under a suspended tariff or service contract. Substitutes "ocean freight forwarder" for "non-vessel-operating common carrier" with respect to the prohibition against common carriers' knowingly accepting or transporting cargo that does not have a tariff and a bond. (Sec. 111) Amends the Foreign Shipping Practices Act of 1988 to substitute "ocean freight forwarder" for "non-vessel-operating common carrier" with respect to the scope of such Act. (Sec. 112) Amends the Act to authorize the ITB to subpoena individual service contracts regarding transportation services in ITB investigations and adjudicatory proceedings. (Sec. 113) States that the penalty imposed on a common carrier for violations of the Act shall constitute a lien upon the carrier's vessels. Authorizes the ITB to request the Secretary of the Treasury to refuse or revoke any clearance required for a common carrier vessel if such carrier fails to supply certain information in a FMC investigation or adjudicatory proceeding. (Sec. 116) Repeals a provision of the Act: (1) requiring the ITB to report to the Congress and specified Federal agencies with respect to the impact of the Act on the international ocean shipping industry; and (2) establishing the Advisory Commission on Conferences in Ocean Shipping. (Sec. 117) Revises certain license and bond requirements with respect to ocean freight forwarders. Title II: Transfer of Functions of the Federal Maritime Commission to the Intermodal Transportation Board - Amends the ICC Termination Act of 1995 to change the name of the Surface Transportation Board to the Intermodal Transportation Board. (Sec. 201) Transfers all functions, powers, and duties vested in the FMC. Authorizes appropriations. Title III: Amendments to Other Shipping and Maritime Laws - Amends specified Federal maritime laws to make technical and conforming changes consistent with this Act.
This text is taken from the official record. PoliticalRepo does not editorialize.
Timeline
10 March 1997
Introduced
Read twice and referred to the Committee on Commerce.
Source: IntroReferral
10 March 1997
Introduced
Sponsor introductory remarks on measure. (CR S2079-2080)
Source: IntroReferral
10 March 1997
Introduced
Introduced in Senate
Source: IntroReferral
20 March 1997
Committee
Subcommittee on Surface Transportation. Hearings held. Hearings printed: S.Hrg. 105-57.
Source: Committee
1 May 1997
Reported
Committee on Commerce. Ordered to be reported with an amendment in the nature of a substitute favorably.
Source: Committee
31 July 1997
Calendars
Placed on Senate Legislative Calendar under General Orders. Calendar No. 144.
Source: Calendars
31 July 1997
Reported
Committee on Commerce. Reported to Senate by Senator McCain with an amendment in the nature of a substitute and an amendment to the title. With written report No. 105-61.
Source: Committee
31 July 1997
Reported
Committee on Commerce. Reported to Senate by Senator McCain with an amendment in the nature of a substitute and an amendment to the title. With written report No. 105-61.
Source: Committee
3 April 1998
Floor
Measure laid before Senate by unanimous consent. (consideration: CR S3192-3201, S3214)
Source: Floor
21 April 1998
Floor
Considered by Senate. (consideration: CR S3306-3321)
Source: Floor
21 April 1998
Passed
Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Voice Vote.
Source: Floor
22 April 1998
Floor
Held at the desk.
Source: Floor
22 April 1998
Floor
Message on Senate action sent to the House.
Source: Floor
22 April 1998
Floor
Received in the House.
Source: Floor
7 May 1998
Floor
Received in Senate pursuant to S. Res. 215.
Source: Floor
7 May 1998
Floor
Pursuant to the provisions of S. Res. 215, papers are returned to the Senate. (consideration: CR H2937)
Source: Floor
7 May 1998
Passed
Mr. Gilchrest asked unanimous consent that, pursuant to the provisions of S. Res. 215, the bill S. 414 be returned to the Senate. Agreed to without objection. (consideration: CR H2937)
Source: Floor
11 May 1998
Floor
Message on Senate action sent to the House.
Source: Floor
11 May 1998
Floor
Received in the House.
Source: Floor
11 May 1998
Floor
Held at the desk.
Source: Floor
4 August 1998
Passed
Motion to reconsider laid on the table Agreed to without objection.
Source: Floor
4 August 1998
Passed
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Source: Floor
4 August 1998
Passed
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Source: Floor
4 August 1998
Floor
DEBATE - The House proceeded with forty minutes of debate.
Source: Floor
4 August 1998
Floor
Considered under suspension of the rules. (consideration: CR H7011-7019)
Source: Floor
4 August 1998
Floor
Mr. Shuster moved to suspend the rules and pass the bill, as amended.
Source: Floor
31 August 1998
Floor
Message on House action received in Senate and at desk: House amendment to Senate bill.
Source: Floor
1 October 1998
Passed
Senate agreed to House amendment by Unanimous Consent. (consideration: CR S11297-11302)
Source: ResolvingDifferences
1 October 1998
Passed
Resolving differences -- Senate actions: Senate agreed to House amendment by Unanimous Consent.(consideration: CR S11297-11302)
Source: NotUsed
2 October 1998
Floor
Message on Senate action sent to the House.
Source: Floor
6 October 1998
Floor
Presented to President.
Source: Floor
6 October 1998
President
Presented to President.
Source: President
14 October 1998
Became law
Became Public Law No: 105-258.
Source: President
14 October 1998
Became law
Signed by President.
Source: BecameLaw
14 October 1998
President
Signed by President.
Source: President
Votes
No vote records are attached yet.
Versions
- Enrolled Bill · undated · Official file
- Public Law · 14 October 1998 · Official file
- Engrossed Amendment House · 4 August 1998 · Official file
- Engrossed in Senate · 21 April 1998 · Official file
- Introduced in Senate · 10 March 1997 · Official file
- Reported to Senate · 10 March 1997 · Official file
Documents
16 official files
Enrolled Bill (text)
Enrolled Bill · EN
Enrolled Bill (PDF)
Enrolled Bill · EN
Public Law (text)
Public Law · EN · 14 October 1998
Public Law (PDF)
Public Law · EN · 14 October 1998
Engrossed Amendment House (text)
Engrossed Amendment House · EN · 4 August 1998
Engrossed Amendment House (PDF)
Engrossed Amendment House · EN · 4 August 1998
Passed House amended
summary · EN · 4 August 1998
Engrossed in Senate (text)
Engrossed in Senate · EN · 21 April 1998
Engrossed in Senate (PDF)
Engrossed in Senate · EN · 21 April 1998
Passed Senate amended
summary · EN · 21 April 1998
Reported to Senate with amendment(s)
summary · EN · 31 July 1997
Reported to Senate (text)
Reported to Senate · EN · 10 March 1997
Reported to Senate (PDF)
Reported to Senate · EN · 10 March 1997
Introduced in Senate (text)
Introduced in Senate · EN · 10 March 1997
Introduced in Senate (PDF)
Introduced in Senate · EN · 10 March 1997
Introduced in Senate
summary · EN · 10 March 1997
Sponsors
- Sen. Hutchison, Kay Bailey [R-TX] · R · Sponsor
- Rep. Lott, Trent [R-MS-5] · R · Sponsor
- Rep. Breaux, John B. [D-LA-7] · D · Sponsor
- Sen. Gorton, Slade [R-WA] · R · Sponsor
- Sen. McCain, John [R-AZ] · R · Cosponsor
- Sen. Inouye, Daniel K. [D-HI] · D · Cosponsor
- · sscm00 · Standing
Related records
Sources
PoliticalRepo is an index and interpretation layer, not the authoritative legal source.
- Official source: https://www.congress.gov/bill/105th-congress/senate-bill/414
- Open data entity: https://api.congress.gov/v3/bill/105/s/414
- us · 105-s-414 · source updated 7 April 2025