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United States · Law · S

S. 47 (98th)

Shipping Act of 1984

enactedUnited States· United States Congress· EN

Introduced

26 January 1983

Last action

20 March 1984 · President

Status

Became Public Law No: 98-237.

Sponsors

Sen. Gorton, Slade [R-WA], Sen. Stevens, Ted [R-AK], Sen. Packwood, Bob [R-OR], Sen. Inouye, Daniel K. [D-HI], Rep. Kasten, Robert W., Jr. [R-WI-9], Sen. Trible, Paul S., Jr. [R-VA]

Subjects

Transport

Source updated

14 January 2025

Transport

Summary

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.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

  1. 26 January 1983

    Introduced

    Read twice and referred to the Committee on Commerce.

    Source: IntroReferral

  2. 26 January 1983

    Introduced

    Introduced in Senate

    Source: IntroReferral

  3. 2 February 1983

    Committee

    Committee on Merchant Marine; Subcommittee on Merchant Marine. Hearings held. Hearings printed: S.Hrg. 98-1.

    Source: Committee

  4. 15 February 1983

    Reported

    Committee on Commerce. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Source: Committee

  5. 17 February 1983

    Calendars

    Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 13.

    Source: Calendars

  6. 17 February 1983

    Reported

    Committee on Commerce. Reported to Senate by Senator Packwood with an amendment in the nature of a substitute. Without written report.

    Source: Committee

  7. 17 February 1983

    Reported

    Committee on Commerce. Reported to Senate by Senator Packwood with an amendment in the nature of a substitute. Without written report.

    Source: Committee

  8. 22 February 1983

    Floor

    Motion to proceed to consideration of measure made in Senate.

    Source: Floor

  9. 23 February 1983

    Floor

    Motion to Proceed considered in Senate.

    Source: Floor

  10. 24 February 1983

    Floor

    Motion to Proceed considered in Senate.

    Source: Floor

  11. 28 February 1983

    Floor

    Considered by Senate.

    Source: Floor

  12. 1 March 1983

    Floor

    Considered by Senate.

    Source: Floor

  13. 1 March 1983

    Vote

    Passed/agreed to in Senate: Passed Senate with amendments by Yea-Nay Vote. 64-33. Record Vote No: 6.

    Source: Floor

  14. 17 October 1983

    ResolvingDifferences

    House Requested a Conference and Speaker Appointed Conferees: Jones (NC), Biaggi, Breaux, Hughes, Rodino, Seiberling, Edwards (CA), Feighan, Forsythe, Snyder, Young (AK), Fish, Moorhead.

    Source: ResolvingDifferences

  15. 17 October 1983

    ResolvingDifferences

    House Insisted on its Amendments.

    Source: ResolvingDifferences

  16. 17 October 1983

    NotUsed

    Resolving differences -- House actions: House Insisted on its Amendments.

    Source: NotUsed

  17. 17 October 1983

    Passed

    Passed House (Amended) by Voice Vote.

    Source: Floor

  18. 17 October 1983

    Passed

    Passed/agreed to in House: Passed House (Amended) by Voice Vote.

    Source: Floor

  19. 17 October 1983

    Floor

    Called up by House by Unanimous Consent.

    Source: Floor

  20. 26 October 1983

    Passed

    Senate disagreed to the House amendment. By Voice Vote.

    Source: Floor

  21. 26 October 1983

    Passed

    Resolving differences -- Senate actions: Senate disagreed to the House amendment. By Voice Vote.

    Source: NotUsed

  22. 26 October 1983

    Passed

    Senate agreed to request for conference. Appointed conferees. Packwood; Gorton; Stevens; Kasten; Long; Inouye; Thurmond; Hatch; Metzenbaum. (Senators Packwood, Gorton, Stevens, Kasten, Long, and Inouye, representing the Committee on Commerce; and Senators Thurmond, Hatch and Metzenbaum representing the Committee on the Judiciary).

    Source: ResolvingDifferences

  23. 22 February 1984

    Passed

    Conferees agreed to file conference report.

    Source: ResolvingDifferences

  24. 22 February 1984

    Passed

    Conference committee actions: Conferees agreed to file conference report.

    Source: ResolvingDifferences

  25. 23 February 1984

    Vote

    Senate agreed to conference report by Yea-Nay Vote. 74-12. Record Vote No: 17.

    Source: ResolvingDifferences

  26. 23 February 1984

    Vote

    Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 74-12. Record Vote No: 17.

    Source: ResolvingDifferences

  27. 23 February 1984

    ResolvingDifferences

    Conference Report 98-600 Filed in House.

    Source: ResolvingDifferences

  28. 23 February 1984

    ResolvingDifferences

    Conference report filed: Conference Report 98-600 Filed in House.

    Source: ResolvingDifferences

  29. 6 March 1984

    Passed

    House Agreed to Conference Report by Voice Vote.

    Source: ResolvingDifferences

  30. 6 March 1984

    Passed

    Conference report agreed to in House: House Agreed to Conference Report by Voice Vote.

    Source: ResolvingDifferences

  31. 8 March 1984

    Floor

    Presented to President.

    Source: Floor

  32. 8 March 1984

    President

    Presented to President.

    Source: President

  33. 8 March 1984

    Floor

    Measure Signed in Senate.

    Source: Floor

  34. 20 March 1984

    Became law

    Became Public Law No: 98-237.

    Source: President

  35. 20 March 1984

    Became law

    Signed by President.

    Source: BecameLaw

  36. 20 March 1984

    President

    Signed by President.

    Source: President

Votes

· Official source

Yes 0 · No 0 · Abstain · Absent/not voting 0

    · Official source

    Yes 0 · No 0 · Abstain · Absent/not voting 0

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