‘‘30508.
Provisions requiring notice of claim or limiting time for bringing action. 
‘‘30509.
Provisions limiting liability for personal injury or death. 
‘‘30510.
Vicarious liability for medical malpractice with regard to crew. 
‘‘30511.
Action by owner for limitation. 
‘‘30512.
Liability as master, officer, or seaman not affected.
‘‘§ 30501. Definition 
‘‘In this chapter, the term ‘owner’ includes a charterer that mans, sup-
plies, and navigates a vessel at the charterer’s own expense or by the 
charterer’s own procurement. 
‘‘§ 30502. Application 
‘‘Except as otherwise provided, this chapter (except section 30503) ap-
plies to seagoing vessels and vessels used on lakes or rivers or in inland 
navigation, including canal boats, barges, and lighters. 
‘‘§ 30503. Declaration of nature and value of goods 
‘‘(a) IN GENERAL.—If a shipper of an item named in subsection (b), con-
tained in a parcel, package, or trunk, loads the item as freight or baggage 
on a vessel, without at the time of loading giving to the person receiving 
the item a written notice of the true character and value of the item and 
having that information entered on the bill of lading, the owner and master 
of the vessel are not liable as carriers. The owner and master are not liable 
beyond the value entered on the bill of lading. 
‘‘(b) ITEMS.—The items referred to in subsection (a) are precious metals, 
gold or silver plated articles, precious stones, jewelry, trinkets, watches, 
clocks, glass, china, coins, bills, securities, printings, engravings, pictures, 
stamps, maps, papers, silks, furs, lace, and similar items of high value and 
small size. 
‘‘§ 30504. Loss by fire 
‘‘The owner of a vessel is not liable for loss or damage to merchandise 
on the vessel caused by a fire on the vessel unless the fire resulted from 
the design or neglect of the owner. 
‘‘§ 30505. General limit of liability 
‘‘(a) IN GENERAL.—Except as provided in section 30506 of this title, the 
liability of the owner of a vessel for any claim, debt, or liability described 
in subsection (b) shall not exceed the value of the vessel and pending 
freight. If the vessel has more than one owner, the proportionate share of 
the liability of any one owner shall not exceed that owner’s proportionate 
interest in the vessel and pending freight. 
‘‘(b) CLAIMS SUBJECT TO LIMITATION.—Unless otherwise excluded by 
law, claims, debts, and liabilities subject to limitation under subsection (a) 
are those arising from any embezzlement, loss, or destruction of any prop-
erty, goods, or merchandise shipped or put on board the vessel, any loss, 
damage, or injury by collision, or any act, matter, or thing, loss, damage,
or forfeiture, done, occasioned, or incurred, without the privity or knowledge 
of the owner. 
‘‘(c) WAGES.—Subsection (a) does not apply to a claim for wages. 
‘‘§ 30506. Limit of liability for personal injury or death 
‘‘(a) APPLICATION.—This section applies only to seagoing vessels, but 
does not apply to pleasure yachts, tugs, towboats, towing vessels, tank ves-
sels, fishing vessels, fish tender vessels, canal boats, scows, car floats, 
barges, lighters, or nondescript vessels. 
‘‘(b) MINIMUM LIABILITY.—If the amount of the vessel owner’s liability 
determined under section 30505 of this title is insufficient to pay all losses 
in full, and the portion available to pay claims for personal injury or death 
is less than $420 times the tonnage of the vessel, that portion shall be in-
creased to $420 times the tonnage of the vessel. That portion may be used 
only to pay claims for personal injury or death. 
‘‘(c) CALCULATION OF TONNAGE.—Under subsection (b), the tonnage of 
a self-propelled vessel is the gross tonnage without deduction for engine 
room, and the tonnage of a sailing vessel is the tonnage for documentation. 
However, space for the use of seamen is excluded. 
‘‘(d) CLAIMS ARISING ON DISTINCT OCCASIONS.—Separate limits of li-
ability apply to claims for personal injury or death arising on distinct occa-
sions. 
‘‘(e) PRIVITY OR KNOWLEDGE.—In a claim for personal injury or death, 
the privity or knowledge of the master or the owner’s superintendent or 
managing agent, at or before the beginning of each voyage, is imputed to 
the owner. 
‘‘§ 30507. Apportionment of losses 
‘‘If the amounts determined under sections 30505 and 30506 of this title 
are insufficient to pay all claims—
‘‘(1) all claimants shall be paid in proportion to their respective 
losses out of the amount determined under section 30505 of this title; 
and 
‘‘(2) personal injury and death claimants, if any, shall be paid an 
additional amount in proportion to their respective losses out of the ad-
ditional amount determined under section 30506(b) of this title. 
‘‘§ 30508. Provisions requiring notice of claim or limiting 
time for bringing action 
‘‘(a) APPLICATION.—This section applies only to seagoing vessels, but 
does not apply to pleasure yachts, tugs, towboats, towing vessels, tank ves-
sels, fishing vessels, fish tender vessels, canal boats, scows, car floats, 
barges, lighters, or nondescript vessels.
‘‘(b) MINIMUM TIME LIMITS.—The owner, master, manager, or agent of 
a vessel transporting passengers or property between ports in the United 
States, or between a port in the United States and a port in a foreign coun-
try, may not limit by regulation, contract, or otherwise the period for—
‘‘(1) giving notice of, or filing a claim for, personal injury or death 
to less than 6 months after the date of the injury or death; or 
‘‘(2) bringing a civil action for personal injury or death to less than 
one year after the date of the injury or death. 
‘‘(c) EFFECT OF FAILURE TO GIVE NOTICE.—When notice of a claim for 
personal injury or death is required by a contract, the failure to give the 
notice is not a bar to recovery if—
‘‘(1) the court finds that the owner, master, or agent of the vessel 
had knowledge of the injury or death and the owner has not been prej-
udiced by the failure; 
‘‘(2) the court finds there was a satisfactory reason why the notice 
could not have been given; or 
‘‘(3) the owner of the vessel fails to object to the failure to give the 
notice. 
‘‘(d) TOLLING OF PERIOD TO GIVE NOTICE.—If a claimant is a minor 
or mental incompetent, or if a claim is for wrongful death, any period pro-
vided by a contract for giving notice of the claim is tolled until the earlier 
of—
‘‘(1) the date a legal representative is appointed for the minor, in-
competent, or decedent’s estate; or 
‘‘(2) 3 years after the injury or death. 
‘‘§ 30509. Provisions limiting liability for personal injury or 
death 
‘‘(a) PROHIBITION.—
‘‘(1) IN GENERAL.—The owner, master, manager, or agent of a ves-
sel transporting passengers between ports in the United States, or be-
tween a port in the United States and a port in a foreign country, may 
not include in a regulation or contract a provision limiting—
‘‘(A) the liability of the owner, master, or agent for personal in-
jury or death caused by the negligence or fault of the owner or 
the owner’s employees or agents; or 
‘‘(B) the right of a claimant for personal injury or death to a 
trial by court of competent jurisdiction. 
‘‘(2) VOIDNESS.—A provision described in paragraph (1) is void. 
‘‘(b) EMOTIONAL DISTRESS, MENTAL SUFFERING, AND PSYCHOLOGICAL 
INJURY.—
‘‘(1) IN GENERAL.—Subsection (a) does not prohibit a provision in 
a contract or in ticket conditions of carriage with a passenger that re-
lieves an owner, master, manager, agent, operator, or crewmember of 
a vessel from liability for infliction of emotional distress, mental suf-
fering, or psychological injury so long as the provision does not limit 
such liability when the emotional distress, mental suffering, or psycho-
logical injury is—
‘‘(A) the result of physical injury to the claimant caused by the 
negligence or fault of a crewmember or the owner, master, man-
ager, agent, or operator; 
‘‘(B) the result of the claimant having been at actual risk of 
physical injury, and the risk was caused by the negligence or fault 
of a crewmember or the owner, master, manager, agent, or oper-
ator; or 
‘‘(C) intentionally inflicted by a crewmember or the owner, mas-
ter, manager, agent, or operator. 
‘‘(2) SEXUAL OFFENSES.—This subsection does not limit the liability 
of a crewmember or the owner, master, manager, agent, or operator 
of a vessel in a case involving sexual harassment, sexual assault, or 
rape. 
‘‘§ 30510. Vicarious liability for medical malpractice with re-
gard to crew 
‘‘In a civil action by any person in which the owner or operator of a vessel 
or employer of a crewmember is claimed to have vicarious liability for med-
ical malpractice with regard to a crewmember occurring at a shoreside facil-
ity, and to the extent the damages resulted from the conduct of any shore-
side doctor, hospital, medical facility, or other health care provider, the 
owner, operator, or employer is entitled to rely on any statutory limitations 
of liability applicable to the doctor, hospital, medical facility, or other health 
care provider in the State of the United States in which the shoreside med-
ical care was provided. 
‘‘§ 30511. Action by owner for limitation 
‘‘(a) IN GENERAL.—The owner of a vessel may bring a civil action in a 
district court of the United States for limitation of liability under this chap-
ter. The action must be brought within 6 months after a claimant gives the 
owner written notice of a claim. 
‘‘(b) CREATION OF FUND.—When the action is brought, the owner (at 
the owner’s option) shall—
‘‘(1) deposit with the court, for the benefit of claimants—
‘‘(A) an amount equal to the value of the owner’s interest in 
the vessel and pending freight, or approved security; and
‘‘(B) an amount, or approved security, that the court may fix 
from time to time as necessary to carry out this chapter; or 
‘‘(2) transfer to a trustee appointed by the court, for the benefit of 
claimants—
‘‘(A) the owner’s interest in the vessel and pending freight; and 
‘‘(B) an amount, or approved security, that the court may fix 
from time to time as necessary to carry out this chapter. 
‘‘(c) CESSATION OF OTHER ACTIONS.—When an action has been brought 
under this section and the owner has complied with subsection (b), all 
claims and proceedings against the owner related to the matter in question 
shall cease. 
‘‘§ 30512. Liability as master, officer, or seaman not affected 
‘‘This chapter does not affect the liability of an individual as a master, 
officer, or seaman, even though the individual is also an owner of the vessel.
‘‘CHAPTER 307—LIABILITY OF WATER CARRIERS
‘‘Sec. 
‘‘30701.
Definition. 
‘‘30702.
Application. 
‘‘30703.
Bills of lading. 
‘‘30704.
Loading, stowage, custody, care, and delivery. 
‘‘30705.
Seaworthiness. 
‘‘30706.
Defenses. 
‘‘30707.
Criminal penalty.
‘‘§ 30701. Definition 
‘‘In this chapter, the term ‘carrier’ means the owner, manager, charterer, 
agent, or master of a vessel. 
‘‘§ 30702. Application 
‘‘(a) IN GENERAL.—Except as otherwise provided, this chapter applies to 
a carrier engaged in the carriage of goods to or from any port in the United 
States. 
‘‘(b) LIVE ANIMALS.—Sections 30703 and 30704 of this title do not 
apply to the carriage of live animals. 
‘‘§ 30703. Bills of lading 
‘‘(a) ISSUANCE.—On demand of a shipper, the carrier shall issue a bill 
of lading or shipping document. 
‘‘(b) CONTENTS.—The bill of lading or shipping document shall include 
a statement of—
‘‘(1) the marks necessary to identify the goods; 
‘‘(2) the number of packages, or the quantity or weight, and whether 
it is carrier’s or shipper’s weight; and 
‘‘(3) the apparent condition of the goods. 
‘‘(c) PRIMA FACIE EVIDENCE OF RECEIPT.—A bill of lading or shipping 
document issued under this section is prima facie evidence of receipt of the 
goods described.
‘‘§ 30704. Loading, stowage, custody, care, and delivery 
‘‘A carrier may not insert in a bill of lading or shipping document a pro-
vision avoiding its liability for loss or damage arising from negligence or 
fault in loading, stowage, custody, care, or proper delivery. Any such provi-
sion is void. 
‘‘§ 30705. Seaworthiness 
‘‘(a) PROHIBITION.—A carrier may not insert in a bill of lading or ship-
ping document a provision lessening or avoiding its obligation to exercise 
due diligence to—
‘‘(1) make the vessel seaworthy; and 
‘‘(2) properly man, equip, and supply the vessel. 
‘‘(b) VOIDNESS.—A provision described in subsection (a) is void. 
‘‘§ 30706. Defenses 
‘‘(a) DUE DILIGENCE.—If a carrier has exercised due diligence to make 
the vessel in all respects seaworthy and to properly man, equip, and supply 
the vessel, the carrier and the vessel are not liable for loss or damage aris-
ing from an error in the navigation or management of the vessel. 
‘‘(b) OTHER DEFENSES.—A carrier and the vessel are not liable for loss 
or damage arising from—
‘‘(1) dangers of the sea or other navigable waters; 
‘‘(2) acts of God; 
‘‘(3) public enemies; 
‘‘(4) seizure under legal process; 
‘‘(5) inherent defect, quality, or vice of the goods; 
‘‘(6) insufficiency of package; 
‘‘(7) act or omission of the shipper or owner of the goods or their 
agent; or 
‘‘(8) saving or attempting to save life or property at sea, including 
a deviation in rendering such a service. 
‘‘§ 30707. Criminal penalty 
‘‘(a) IN GENERAL.—A carrier that violates this chapter shall be fined 
under title 18. 
‘‘(b) LIEN.—The amount of the fine and costs for the violation constitute 
a lien on the vessel engaged in the carriage. A civil action in rem to enforce 
the lien may be brought in the district court of the United States for any 
district in which the vessel is found. 
‘‘(c) DISPOSITION OF FINE.—Half of the fine shall go to the person in-
jured by the violation and half to the United States Government.
‘‘CHAPTER 309—SUITS IN ADMIRALTY AGAINST THE 
UNITED STATES
‘‘Sec. 
‘‘30901.
Short title.
‘‘30902.
Definition. 
‘‘30903.
Waiver of immunity. 
‘‘30904.
Exclusive remedy. 
‘‘30905.
Period for bringing action. 
‘‘30906.
Venue. 
‘‘30907.
Procedure for hearing and determination. 
‘‘30908.
Exemption from arrest or seizure. 
‘‘30909.
Security. 
‘‘30910.
Exoneration and limitation. 
‘‘30911.
Costs and interest. 
‘‘30912.
Arbitration, compromise, or settlement. 
‘‘30913.
Payment of judgment or settlement. 
‘‘30914.
Release of privately owned vessel after arrest or attachment. 
‘‘30915.
Seizures and other proceedings in foreign jurisdictions. 
‘‘30916.
Recovery by the United States for salvage services. 
‘‘30917.
Disposition of amounts recovered by the United States. 
‘‘30918.
Reports.
‘‘§ 30901. Short title 
‘‘This chapter may be cited as the ‘Suits in Admiralty Act’. 
‘‘§ 30902. Definition 
‘‘In this chapter, the term ‘federally-owned corporation’ means a corpora-
tion in which the United States owns all the outstanding capital stock. 
‘‘§ 30903. Waiver of immunity 
‘‘(a) IN GENERAL.—In a case in which, if a vessel were privately owned 
or operated, or if cargo were privately owned or possessed, or if a private 
person or property were involved, a civil action in admiralty could be main-
tained, a civil action in admiralty in personam may be brought against the 
United States or a federally-owned corporation. In a civil action in admi-
ralty brought by the United States or a federally-owned corporation, an ad-
miralty claim in personam may be filed or a setoff claimed against the 
United States or corporation. 
‘‘(b) NON-JURY.—A claim against the United States or a federally-owned 
corporation under this section shall be tried without a jury. 
‘‘§ 30904. Exclusive remedy 
‘‘If a remedy is provided by this chapter, it shall be exclusive of any other 
action arising out of the same subject matter against the officer, employee, 
or agent of the United States or the federally-owned corporation whose act 
or omission gave rise to the claim. 
‘‘§ 30905. Period for bringing action 
‘‘A civil action under this chapter must be brought within 2 years after 
the cause of action arose. 
‘‘§ 30906. Venue 
‘‘(a) IN GENERAL.—A civil action under this chapter shall be brought in 
the district court of the United States for the district in which—
‘‘(1) any plaintiff resides or has its principal place of business; or 
‘‘(2) the vessel or cargo is found.
‘‘(b) TRANSFER.—On a motion by a party, the court may transfer the 
action to any other district court of the United States. 
‘‘§ 30907. Procedure for hearing and determination 
‘‘(a) IN GENERAL.—A civil action under this chapter shall proceed and 
be heard and determined according to the principles of law and the rules 
of practice applicable in like cases between private parties. 
‘‘(b) IN REM.—
‘‘(1) REQUIREMENTS.—The action may proceed according to the 
principles of an action in rem if—
‘‘(A) the plaintiff elects in the complaint; and 
‘‘(B) it appears that an action in rem could have been main-
tained had the vessel or cargo been privately owned and possessed. 
‘‘(2) EFFECT ON RELIEF IN PERSONAM.—An election under para-
graph (1) does not prevent the plaintiff from seeking relief in personam 
in the same action. 
‘‘§ 30908. Exemption from arrest or seizure 
‘‘The following are not subject to arrest or seizure by judicial process in 
the United States: 
‘‘(1) A vessel owned by, possessed by, or operated by or for the 
United States or a federally-owned corporation. 
‘‘(2) Cargo owned or possessed by the United States or a federally-
owned corporation. 
‘‘§ 30909. Security 
‘‘Neither the United States nor a federally-owned corporation may be re-
quired to give a bond or admiralty stipulation in a civil action under this 
chapter. 
‘‘§ 30910. Exoneration and limitation 
‘‘The United States is entitled to the exemptions from and limitations of 
liability provided by law to an owner, charterer, operator, or agent of a ves-
sel. 
‘‘§ 30911. Costs and interest 
‘‘(a) IN GENERAL.—A judgment against the United States or a federally-
owned corporation under this chapter may include costs and interest at the 
rate of 4 percent per year until satisfied. Interest shall run as ordered by 
the court, except that interest is not allowable for the period before the ac-
tion is filed. 
‘‘(b) CONTRACT PROVIDING FOR INTEREST.—Notwithstanding subsection 
(a), if the claim is based on a contract providing for interest, interest may 
be awarded at the rate and for the period provided in the contract.
‘‘§ 30912. Arbitration, compromise, or settlement 
‘‘The Secretary of a department of the United States Government, or the 
board of trustees of a federally-owned corporation, may arbitrate, com-
promise, or settle a claim under this chapter. 
‘‘§ 30913. Payment of judgment or settlement 
‘‘(a) IN GENERAL.—The proper accounting officer of the United States 
shall pay a final judgment, arbitration award, or settlement under this chap-
ter on presentation of an authenticated copy. 
‘‘(b) SOURCE OF PAYMENT.—Payment shall be made from an appropria-
tion or fund available specifically for the purpose. If no appropriation or 
fund is specifically available, there is hereby appropriated, out of money in 
the Treasury not otherwise appropriated, an amount sufficient to pay the 
judgment, award, or settlement. 
‘‘§ 30914. Release of privately owned vessel after arrest or 
attachment 
‘‘If a privately owned vessel not in the possession of the United States 
or a federally-owned corporation is arrested or attached in a civil action 
arising or alleged to have arisen from prior ownership, possession, or oper-
ation by the United States or corporation, the vessel shall be released with-
out bond or stipulation on a statement by the United States, through the 
Attorney General or other authorized law officer, that the United States is 
interested in the action, desires release of the vessel, and assumes liability 
for the satisfaction of any judgment obtained by the plaintiff. After the ves-
sel is released, the action shall proceed against the United States in accord-
ance with this chapter. 
‘‘§ 30915. Seizures and other proceedings in foreign jurisdic-
tions 
‘‘(a) IN GENERAL.—If a vessel or cargo described in section 30908 or 
30914 of this title is arrested, attached, or otherwise seized by judicial proc-
ess in a foreign country, or if an action is brought in a court of a foreign 
country against the master of such a vessel for a claim arising from the 
ownership, possession, or operation of the vessel, or the ownership, posses-
sion, or carriage of such cargo, the Secretary of State, on request of the 
Attorney General or another officer authorized by the Attorney General, 
may direct the United States consul residing at or nearest the place at 
which the action was brought—
‘‘(1) to claim the vessel or cargo as immune from arrest, attachment, 
or other seizure, and to execute an agreement, stipulation, bond, or un-
dertaking, for the United States or federally-owned corporation, for the 
release of the vessel or cargo and the prosecution of any appeal; or
‘‘(2) if an action has been brought against the master of such a ves-
sel, to enter the appearance of the United States or corporation and 
to pledge the credit of the United States or corporation to the payment 
of any judgment and costs in the action. 
‘‘(b) ARRANGING BOND OR STIPULATION.—The Attorney General may—
‘‘(1) arrange with a bank, surety company, or other person, whether 
in the United States or a foreign country, to execute a bond or stipula-
tion; and 
‘‘(2) pledge the credit of the United States to secure the bond or 
stipulation. 
‘‘(c) PAYMENT OF JUDGMENT.—The appropriate accounting officer of the 
United States or corporation may pay a judgment in an action described 
in subsection (a) on presentation of a copy of the judgment if certified by 
the clerk of the court and authenticated by—
‘‘(1) the certificate and seal of the United States consul claiming the 
vessel or cargo, or by the consul’s successor; and 
‘‘(2) the certificate of the Secretary as to the official capacity of the 
consul. 
‘‘(d) RIGHT TO CLAIM IMMUNITY NOT AFFECTED.—This section does 
not affect the right of the United States to claim immunity of a vessel or 
cargo from foreign jurisdiction. 
‘‘§ 30916. Recovery by the United States for salvage services 
‘‘(a) CIVIL ACTION.—The United States, and the crew of a merchant ves-
sel owned or operated by the United States, or a federally-owned corpora-
tion, may bring a civil action to recover for salvage services provided by the 
vessel and crew. 
‘‘(b) DEPOSIT OF AMOUNTS RECOVERED.—Any amount recovered under 
this section by the United States for its own benefit, and not for the benefit 
of the crew, shall be deposited in the Treasury to the credit of the depart-
ment of the United States Government, or the corporation, having control 
of the possession or operation of the vessel. 
‘‘§ 30917. Disposition of amounts recovered by the United 
States 
‘‘Amounts recovered in a civil action brought by the United States on a 
claim arising from the ownership, possession, or operation of a merchant 
vessel, or the ownership, possession, or carriage of cargo, shall be deposited 
in the Treasury to the credit of the department of the United States Gov-
ernment, or the federally-owned corporation, having control of the vessel or 
cargo, for reimbursement of the appropriation, insurance fund, or other 
fund from which the compensation for which the judgment was recovered 
was or will be paid.
‘‘§ 30918. Reports 
‘‘The Secretary of each department of the United States Government, 
and the board of trustees of each federally-owned corporation, shall report 
to Congress at each session thereof all arbitration awards and settlements 
agreed to under this chapter since the previous session, for which the time 
to appeal has expired or been waived.
‘‘CHAPTER 311—SUITS INVOLVING PUBLIC VESSELS
‘‘Sec. 
‘‘31101.
Short title. 
‘‘31102.
Waiver of immunity. 
‘‘31103.
Applicable procedure. 
‘‘31104.
Venue. 
‘‘31105.
Security when counterclaim filed. 
‘‘31106.
Exoneration and limitation. 
‘‘31107.
Interest. 
‘‘31108.
Arbitration, compromise, or settlement. 
‘‘31109.
Payment of judgment or settlement. 
‘‘31110.
Subpoenas to officers or members of crew. 
‘‘31111.
Claims by nationals of foreign countries. 
‘‘31112.
Lien not recognized or created. 
‘‘31113.
Reports.
‘‘§ 31101. Short title 
‘‘This chapter may be cited as the ‘Public Vessels Act’. 
‘‘§ 31102. Waiver of immunity 
‘‘(a) IN GENERAL.—A civil action in personam in admiralty may be 
brought, or an impleader filed, against the United States for—
‘‘(1) damages caused by a public vessel of the United States; or 
‘‘(2) compensation for towage and salvage services, including con-
tract salvage, rendered to a public vessel of the United States. 
‘‘(b) COUNTERCLAIM OR SETOFF.—If the United States brings a civil ac-
tion in admiralty for damages caused by a privately owned vessel, the owner 
of the vessel, or the successor in interest, may file a counterclaim in per-
sonam, or claim a setoff, against the United States for damages arising out 
of the same subject matter. 
‘‘§ 31103. Applicable procedure 
‘‘A civil action under this chapter is subject to the provisions of chapter 
309 of this title except to the extent inconsistent with this chapter. 
‘‘§ 31104. Venue 
‘‘(a) IN GENERAL.—A civil action under this chapter shall be brought in 
the district court of the United States for the district in which the vessel 
or cargo is found within the United States. 
‘‘(b) VESSEL OR CARGO OUTSIDE TERRITORIAL WATERS.—If the vessel 
or cargo is outside the territorial waters of the United States—
‘‘(1) the action shall be brought in the district court of the United 
States for any district in which any plaintiff resides or has an office 
for the transaction of business; or
‘‘(2) if no plaintiff resides or has an office for the transaction of 
business in the United States, the action may be brought in the district 
court of the United States for any district. 
‘‘§ 31105. Security when counterclaim filed 
‘‘If a counterclaim is filed for a cause of action for which the original 
action is filed under this chapter, the respondent to the counterclaim shall 
give security in the usual amount and form to respond to the counterclaim, 
unless the court for cause shown orders otherwise. The proceedings in the 
original action shall be stayed until the security is given. 
‘‘§ 31106. Exoneration and limitation 
‘‘The United States is entitled to the exemptions from and limitations of 
liability provided by law to an owner, charterer, operator, or agent of a ves-
sel. 
‘‘§ 31107. Interest 
‘‘A judgment in a civil action under this chapter may not include interest 
for the period before the judgment is issued unless the claim is based on 
a contract providing for interest. 
‘‘§ 31108. Arbitration, compromise, or settlement 
‘‘The Attorney General may arbitrate, compromise, or settle a claim 
under this chapter if a civil action based on the claim has been commenced. 
‘‘§ 31109. Payment of judgment or settlement 
‘‘The proper accounting officer of the United States shall pay a final 
judgment, arbitration award, or settlement under this chapter on presen-
tation of an authenticated copy. Payment shall be made from any money 
in the Treasury appropriated for the purpose. 
‘‘§ 31110. Subpoenas to officers or members of crew 
‘‘An officer or member of the crew of a public vessel may not be subpoe-
naed in a civil action under this chapter without the consent of—
‘‘(1) the Secretary of the department or the head of the independent 
establishment having control of the vessel at the time the cause of ac-
tion arose; or 
‘‘(2) the master or commanding officer of the vessel at the time the 
subpoena is issued. 
‘‘§ 31111. Claims by nationals of foreign countries 
‘‘A national of a foreign country may not maintain a civil action under 
this chapter unless it appears to the satisfaction of the court in which the 
action is brought that the government of that country, in similar cir-
cumstances, allows nationals of the United States to sue in its courts. 
‘‘§ 31112. Lien not recognized or created 
‘‘This chapter shall not be construed as recognizing the existence of or 
as creating a lien against a public vessel of the United States.
‘‘§ 31113. Reports 
‘‘The Attorney General shall report to Congress at each session thereof 
all claims settled under this chapter.’’.
SEC. 7. SUBTITLE IV OF TITLE 46. 
Title 46, United States Code, is amended by inserting after subtitle III 
the following:
‘‘Subtitle IV—Regulation of Ocean Shipping 
‘‘PART A—OCEAN SHIPPING
‘‘Chapter 
Sec. 
‘‘401. General ..........................................................................................................
40101
‘‘403. Agreements ..................................................................................................
40301
‘‘405. Tariffs, Service Contracts, Refunds, and Waivers ........................
40501
‘‘407. Controlled Carriers ..................................................................................
40701
‘‘409. Ocean Transportation Intermediaries ..............................................
40901
‘‘411. Prohibitions and Penalties ....................................................................
41101
‘‘413. Enforcement ................................................................................................
41301
‘‘PART B—ACTIONS TO ADDRESS FOREIGN PRACTICES
‘‘421. Regulations Affecting Shipping in Foreign Trade .......................
42101
‘‘423. Foreign Shipping Practices ..................................................................
42301
‘‘PART C—MISCELLANEOUS
‘‘441. Evidence of Financial Responsibility for Passenger Trans-
portation.
44101
‘‘PART A—OCEAN SHIPPING 
‘‘CHAPTER 401—GENERAL
‘‘Sec. 
‘‘40101.
Purposes. 
‘‘40102.
Definitions. 
‘‘40103.
Administrative exemptions. 
‘‘40104.
Reports filed with the Commission.
‘‘§ 40101. Purposes 
‘‘The purposes of this part are to—
‘‘(1) establish a nondiscriminatory regulatory process for the com-
mon carriage of goods by water in the foreign commerce of the United 
States with a minimum of government intervention and regulatory 
costs; 
‘‘(2) provide an efficient and economic transportation system in the 
ocean commerce of the United States that is, insofar as possible, in 
harmony with, and responsive to, international shipping practices; 
‘‘(3) encourage the development of an economically sound and effi-
cient liner fleet of vessels of the United States capable of meeting na-
tional security needs; and 
‘‘(4) promote the growth and development of United States exports 
through competitive and efficient ocean transportation and by placing 
a greater reliance on the marketplace. 
‘‘§ 40102. Definitions 
‘‘In this part:
‘‘(1) AGREEMENT.—The term ‘agreement’—
‘‘(A) means a written or oral understanding, arrangement, or 
association, and any modification or cancellation thereof; but 
‘‘(B) does not include a maritime labor agreement. 
‘‘(2) ANTITRUST LAWS.—The term ‘antitrust laws’ means—
‘‘(A) the Sherman Act (15 U.S.C. 1 et seq.); 
‘‘(B) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 
8, 9); 
‘‘(C) the Clayton Act (15 U.S.C. 12 et seq.); 
‘‘(D) the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a); 
‘‘(E) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); 
‘‘(F) the Antitrust Civil Process Act (15 U.S.C. 1311 et seq.); 
and 
‘‘(G) Acts supplementary to those Acts. 
‘‘(3) ASSESSMENT AGREEMENT.—The term ‘assessment agreement’ 
means an agreement, whether part of a collective bargaining agreement 
or negotiated separately, to the extent the agreement provides for the 
funding of collectively bargained fringe-benefit obligations on other 
than a uniform worker-hour basis, regardless of the cargo handled or 
type of vessel or equipment used. 
‘‘(4) BULK CARGO.—The term ‘bulk cargo’ means cargo that is load-
ed and carried in bulk without mark or count. 
‘‘(5) CHEMICAL PARCEL-TANKER.—The term ‘chemical parcel-tank-
er’ means a vessel that has—
‘‘(A) a cargo-carrying capability consisting of individual cargo 
tanks for bulk chemicals that—
‘‘(i) are a permanent part of the vessel; and 
‘‘(ii) have segregation capability with piping systems to per-
mit simultaneous carriage of several bulk chemical cargoes 
with minimum risk of cross-contamination; and 
‘‘(B) a valid certificate of fitness under the International Mari-
time Organization Code for the Construction and Equipment of 
Ships Carrying Dangerous Chemicals in Bulk. 
‘‘(6) COMMON CARRIER.—The term ‘common carrier’—
‘‘(A) means a person that—
‘‘(i) holds itself out to the general public to provide trans-
portation by water of passengers or cargo between the United 
States and a foreign country for compensation; 
‘‘(ii) assumes responsibility for the transportation from the 
port or point of receipt to the port or point of destination; 
and
‘‘(iii) uses, for all or part of that transportation, a vessel 
operating on the high seas or the Great Lakes between a port 
in the United States and a port in a foreign country; but 
‘‘(B) does not include a carrier engaged in ocean transportation 
by ferry boat, ocean tramp, or chemical parcel-tanker, or by vessel 
when primarily engaged in the carriage of perishable agricultural 
commodities—
‘‘(i) if the carrier and the owner of those commodities are 
wholly-owned, directly or indirectly, by a person primarily en-
gaged in the marketing and distribution of those commodities; 
and 
‘‘(ii) only with respect to the carriage of those commodities. 
‘‘(7) CONFERENCE.—The term ‘conference’—
‘‘(A) means an association of ocean common carriers permitted, 
pursuant to an approved or effective agreement, to engage in con-
certed activity and to use a common tariff; but 
‘‘(B) does not include a joint service, consortium, pooling, sail-
ing, or transshipment agreement. 
‘‘(8) CONTROLLED CARRIER.—The term ‘controlled carrier’ means 
an ocean common carrier that is, or whose operating assets are, di-
rectly or indirectly, owned or controlled by a government, with owner-
ship or control by a government being deemed to exist for a carrier 
if—
‘‘(A) a majority of the interest in the carrier is owned or con-
trolled in any manner by that government, an agency of that gov-
ernment, or a public or private person controlled by that govern-
ment; or 
‘‘(B) that government has the right to appoint or disapprove the 
appointment of a majority of the directors, the chief operating of-
ficer, or the chief executive officer of the carrier. 
‘‘(9) DEFERRED REBATE.—The term ‘deferred rebate’ means a re-
turn by a common carrier of any freight money to a shipper, where 
the return is—
‘‘(A) consideration for the shipper giving all or any portion of 
its shipments to that or any other common carrier over a fixed pe-
riod of time; 
‘‘(B) deferred beyond the completion of the service for which it 
was paid; and 
‘‘(C) made only if the shipper has agreed to make a further 
shipment with that or any other common carrier.
‘‘(10) FOREST PRODUCTS.—The term ‘forest products’ includes lum-
ber in bundles, rough timber, ties, poles, piling, laminated beams, bun-
dled siding, bundled plywood, bundled core stock or veneers, bundled 
particle or fiber boards, bundled hardwood, wood pulp in rolls, wood 
pulp in unitized bales, and paper and paper board in rolls or in pallet 
or skid-sized sheets. 
‘‘(11) INLAND
DIVISION.—The term ‘inland division’ means the 
amount paid by a common carrier to an inland carrier for the inland 
portion of through transportation offered to the public by the common 
carrier. 
‘‘(12) INLAND
PORTION.—The term ‘inland portion’ means the 
charge to the public by a common carrier for the non-ocean portion of 
through transportation. 
‘‘(13) LOYALTY CONTRACT.—The term ‘loyalty contract’ means a 
contract with an ocean common carrier or agreement providing for—
‘‘(A) a shipper to obtain lower rates by committing all or a fixed 
portion of its cargo to that carrier or agreement; and 
‘‘(B) a deferred rebate arrangement. 
‘‘(14) MARINE TERMINAL OPERATOR.—The term ‘marine terminal 
operator’ means a person engaged in the United States in the business 
of providing wharfage, dock, warehouse, or other terminal facilities in 
connection with a common carrier, or in connection with a common car-
rier and a water carrier subject to subchapter II of chapter 135 of title 
49. 
‘‘(15) MARITIME LABOR AGREEMENT.—The term ‘maritime labor 
agreement’—
‘‘(A) means—
‘‘(i) a collective bargaining agreement between an employer 
subject to this part, or a group of such employers, and a 
labor organization representing employees in the maritime or 
stevedoring industry; 
‘‘(ii) an agreement preparatory to such a collective bar-
gaining agreement among members of a multi-employer bar-
gaining group; or 
‘‘(iii) an agreement specifically implementing provisions of 
such a collective bargaining agreement or providing for the 
formation, financing, or administration of a multi-employer 
bargaining group; but 
‘‘(B) does not include an assessment agreement. 
‘‘(16) NON-VESSEL-OPERATING COMMON CARRIER.—The term ‘non-
vessel-operating common carrier’ means a common carrier that—
‘‘(A) does not operate the vessels by which the ocean transpor-
tation is provided; and 
‘‘(B) is a shipper in its relationship with an ocean common car-
rier. 
‘‘(17) OCEAN COMMON CARRIER.—The term ‘ocean common carrier’ 
means a vessel-operating common carrier. 
‘‘(18) OCEAN FREIGHT FORWARDER.—The term ‘ocean freight for-
warder’ means a person that—
‘‘(A) in the United States, dispatches shipments from the 
United States via a common carrier and books or otherwise ar-
ranges space for those shipments on behalf of shippers; and 
‘‘(B) processes the documentation or performs related activities 
incident to those shipments. 
‘‘(19) OCEAN TRANSPORTATION INTERMEDIARY.—The term ‘ocean 
transportation intermediary’ means an ocean freight forwarder or a 
non-vessel-operating common carrier. 
‘‘(20) SERVICE CONTRACT.—The term ‘service contract’ means a 
written contract, other than a bill of lading or receipt, between one or 
more shippers, on the one hand, and an individual ocean common car-
rier or an agreement between or among ocean common carriers, on the 
other, in which—
‘‘(A) the shipper or shippers commit to providing a certain vol-
ume or portion of cargo over a fixed time period; and 
‘‘(B) the ocean common carrier or the agreement commits to a 
certain rate or rate schedule and a defined service level, such as 
assured space, transit time, port rotation, or similar service fea-
tures. 
‘‘(21) SHIPMENT.—The term ‘shipment’ means all of the cargo car-
ried under the terms of a single bill of lading. 
‘‘(22) SHIPPER.—The term ‘shipper’ means—
‘‘(A) a cargo owner; 
‘‘(B) the person for whose account the ocean transportation of 
cargo is provided; 
‘‘(C) the person to whom delivery is to be made; 
‘‘(D) a shippers’ association; or 
‘‘(E) a non-vessel-operating common carrier that accepts re-
sponsibility for payment of all charges applicable under the tariff 
or service contract. 
‘‘(23) SHIPPERS’ ASSOCIATION.—The term ‘shippers’ association’ 
means a group of shippers that consolidates or distributes freight on
a nonprofit basis for the members of the group to obtain carload, 
truckload, or other volume rates or service contracts. 
‘‘(24) THROUGH RATE.—The term ‘through rate’ means the single 
amount charged by a common carrier in connection with through trans-
portation. 
‘‘(25) THROUGH TRANSPORTATION.—The term ‘through transpor-
tation’ means continuous transportation between origin and destination 
for which a through rate is assessed and which is offered or performed 
by one or more carriers, at least one of which is a common carrier, 
between a United States port or point and a foreign port or point. 
‘‘§ 40103. Administrative exemptions 
‘‘(a) IN GENERAL.—The Federal Maritime Commission, on application or 
its own motion, may by order or regulation exempt for the future any class 
of agreements between persons subject to this part or any specified activity 
of those persons from any requirement of this part if the Commission finds 
that the exemption will not result in substantial reduction in competition 
or be detrimental to commerce. The Commission may attach conditions to 
an exemption and may, by order, revoke an exemption. 
‘‘(b) OPPORTUNITY FOR HEARING.—An order or regulation of exemption 
or revocation of an exemption may be issued only if the Commission has 
provided an opportunity for a hearing to interested persons and depart-
ments and agencies of the United States Government. 
‘‘§ 40104. Reports filed with the Commission 
‘‘(a) IN GENERAL.—The Federal Maritime Commission may require a 
common carrier or an officer, receiver, trustee, lessee, agent, or employee 
of the carrier to file with the Commission a periodical or special report, an 
account, record, rate, or charge, or a memorandum of facts and transactions 
related to the business of the carrier. The report, account, record, rate, 
charge, or memorandum shall be made under oath if the Commission re-
quires, and shall be filed in the form and within the time prescribed by the 
Commission. 
‘‘(b) CONFERENCE MINUTES.—Conference minutes required to be filed 
with the Commission under this section may not be released to third parties 
or published by the Commission. 
‘‘CHAPTER 403—AGREEMENTS
‘‘Sec. 
‘‘40301.
Application. 
‘‘40302.
Filing requirements. 
‘‘40303.
Content requirements. 
‘‘40304.
Commission action. 
‘‘40305.
Assessment agreements. 
‘‘40306.
Nondisclosure of information. 
‘‘40307.
Exemption from antitrust laws.
‘‘§ 40301. Application 
‘‘(a) OCEAN COMMON CARRIER AGREEMENTS.—This part applies to an 
agreement between or among ocean common carriers to—
‘‘(1) discuss, fix, or regulate transportation rates, including through 
rates, cargo space accommodations, and other conditions of service; 
‘‘(2) pool or apportion traffic, revenues, earnings, or losses; 
‘‘(3) allot ports or regulate the number and character of voyages be-
tween ports; 
‘‘(4) regulate the volume or character of cargo or passenger traffic 
to be carried; 
‘‘(5) engage in an exclusive, preferential, or cooperative working ar-
rangement between themselves or with a marine terminal operator; 
‘‘(6) control, regulate, or prevent competition in international ocean 
transportation; or 
‘‘(7) discuss and agree on any matter related to a service contract. 
‘‘(b) MARINE TERMINAL OPERATOR AGREEMENTS.—This part applies to 
an agreement between or among marine terminal operators, or between or 
among one or more marine terminal operators and one or more ocean com-
mon carriers, to—
‘‘(1) discuss, fix, or regulate rates or other conditions of service; or 
‘‘(2) engage in exclusive, preferential, or cooperative working ar-
rangements, to the extent the agreement involves ocean transportation 
in the foreign commerce of the United States. 
‘‘(c) ACQUISITIONS.—This part does not apply to an acquisition by any 
person, directly or indirectly, of any voting security or assets of any other 
person. 
‘‘(d) MARITIME LABOR AGREEMENTS.—This part does not apply to a 
maritime labor agreement. However, this subsection does not exempt from 
this part any rate, charge, regulation, or practice of a common carrier that 
is required to be set forth in a tariff or is an essential term of a service 
contract, whether or not the rate, charge, regulation, or practice arises out 
of, or is otherwise related to, a maritime labor agreement. 
‘‘(e) ASSESSMENT AGREEMENTS.—This part (except sections 40305 and 
40307(a)) does not apply to an assessment agreement. 
‘‘§ 40302. Filing requirements 
‘‘(a) IN GENERAL.—A true copy of every agreement referred to in section 
40301(a) or (b) of this title shall be filed with the Federal Maritime Com-
mission. If the agreement is oral, a complete memorandum specifying in de-
tail the substance of the agreement shall be filed. 
‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to—
‘‘(1) an agreement related to transportation to be performed within 
or between foreign countries; or 
‘‘(2) an agreement among common carriers to establish, operate, or 
maintain a marine terminal in the United States. 
‘‘(c) REGULATIONS.—The Commission may by regulation prescribe the 
form and manner in which an agreement shall be filed and any additional 
information and documents necessary to evaluate the agreement. 
‘‘§ 40303. Content requirements 
‘‘(a) OCEAN COMMON CARRIER AGREEMENTS.—
‘‘(1) RESTRICTIONS.—An ocean common carrier agreement may 
not—
‘‘(A) prohibit or restrict a member of the agreement from en-
gaging in negotiations for a service contract with a shipper; 
‘‘(B) require a member of the agreement to disclose a negotia-
tion 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; or 
‘‘(C) adopt mandatory rules or requirements affecting the right 
of an agreement member to negotiate and enter into a service con-
tract. 
‘‘(2) VOLUNTARY GUIDELINES.—An ocean common carrier agree-
ment may provide authority to adopt voluntary guidelines relating to 
the terms and procedures of an agreement member’s service contracts 
if the guidelines explicitly state the right of members of the agreement 
not to follow the guidelines. Any guidelines adopted shall be submitted 
confidentially to the Federal Maritime Commission. 
‘‘(b) CONFERENCE AGREEMENTS.—Each conference agreement must—
‘‘(1) state its purpose; 
‘‘(2) provide reasonable and equal terms for admission and readmis-
sion to conference membership for any ocean common carrier willing 
to serve the particular trade or route; 
‘‘(3) permit any member to withdraw from conference membership 
on reasonable notice without penalty; 
‘‘(4) at the request of any member, require an independent neutral 
body to police fully the obligations of the conference and its members; 
‘‘(5) prohibit the conference from engaging in conduct prohibited by 
section 41105(1) or (3) of this title; 
‘‘(6) provide for a consultation process designed to promote—
‘‘(A) commercial resolution of disputes; and 
‘‘(B) cooperation with shippers in preventing and eliminating 
malpractices;
‘‘(7) establish procedures for promptly and fairly considering re-
quests and complaints of shippers; and 
‘‘(8) provide that—
‘‘(A) any member of the conference may take independent ac-
tion on a rate or service item on not more than 5 days’ notice to 
the conference; and 
‘‘(B) except for an exempt commodity not published in the con-
ference tariff, the conference will include the new rate or service 
item in its tariff for use by that member, effective no later than 
5 days after receipt of the notice, and by any other member that 
notifies the conference that it elects to adopt the independent rate 
or service item on or after its effective date, in lieu of the existing 
conference tariff provision for that rate or service item. 
‘‘(c) INTERCONFERENCE AGREEMENTS.—Each agreement between car-
riers not members of the same conference must provide the right of inde-
pendent action for each carrier. Each agreement between conferences must 
provide the right of independent action for each conference. 
‘‘(d) VESSEL SHARING AGREEMENTS.—
‘‘(1) IN GENERAL.—An ocean common carrier that is the owner, op-
erator, or bareboat, time, or slot charterer of a liner vessel documented 
under section 12103 or 12111(c) of this title may agree with an ocean 
common carrier described in paragraph (2) to which it charters or sub-
charters the vessel or space on the vessel that the charterer or 
subcharterer may not use or make available space on the vessel for the 
carriage of cargo reserved by law for vessels of the United States. 
‘‘(2) CARRIER DESCRIBED.—An ocean common carrier described in 
this paragraph is one that is not the owner, operator, or bareboat 
charterer for at least one year of liner vessels of the United States that 
are eligible to be included in the Maritime Security Fleet Program and 
are enrolled in an Emergency Preparedness Program under chapter 
531 of this title. 
‘‘§ 40304. Commission action 
‘‘(a) NOTICE OF FILING.—Within 7 days after an agreement is filed, the 
Federal Maritime Commission shall transmit a notice of the filing to the 
Federal Register for publication. 
‘‘(b) PRELIMINARY REVIEW AND REJECTION.—After preliminary review, 
the Commission shall reject an agreement that it finds does not meet the 
requirements of sections 40302 and 40303 of this title. The Commission 
shall notify in writing the person filing the agreement of the reason for re-
jection.
‘‘(c) REVIEW AND EFFECTIVE DATE.—Unless rejected under subsection 
(b), an agreement (other than an assessment agreement) is effective—
‘‘(1) on the 45th day after filing, or on the 30th day after notice 
of the filing is published in the Federal Register, whichever is later; 
or 
‘‘(2) if additional information or documents are requested under sub-
section (d)—
‘‘(A) on the 45th day after the Commission receives all the addi-
tional information and documents; or 
‘‘(B) if the request is not fully complied with, on the 45th day 
after the Commission receives the information and documents sub-
mitted and a statement of the reasons for noncompliance with the 
request. 
‘‘(d) REQUEST FOR ADDITIONAL INFORMATION.—Before the expiration of 
the period specified in subsection (c)(1), the Commission may request from 
the person filing the agreement any additional information and documents 
the Commission considers necessary to make the determinations required by 
this section. 
‘‘(e) MODIFICATION OF REVIEW PERIOD.—
‘‘(1) SHORTENING.—On request of the party filing an agreement, 
the Commission may shorten a period specified in subsection (c), but 
not to a date that is less than 14 days after notice of the filing of the 
agreement is published in the Federal Register. 
‘‘(2) EXTENSION.—The period specified in subsection (c)(2) may be 
extended only by the United States District Court for the District of 
Columbia in a civil action brought by the Commission under section 
41307(c) of this title. 
‘‘(f) FIXED TERMS.—The Commission may not limit the effectiveness of 
an agreement to a fixed term. 
‘‘§ 40305. Assessment agreements 
‘‘(a) FILING REQUIREMENT.—An assessment agreement shall be filed 
with the Federal Maritime Commission and is effective on filing. 
‘‘(b) COMPLAINTS.—If a complaint is filed with the Commission within 
2 years after the date of an assessment agreement, the Commission shall 
disapprove, cancel, or modify the agreement, or an assessment or charge 
pursuant to the agreement, that the Commission finds, after notice and op-
portunity for a hearing, to be unjustly discriminatory or unfair as between 
carriers, shippers, or ports. The Commission shall issue its final decision in 
the proceeding within one year after the date the complaint is filed. 
‘‘(c) ADJUSTMENTS OF ASSESSMENTS AND CHARGES.—To the extent 
that the Commission finds under subsection (b) that an assessment or
charge is unjustly discriminatory or unfair as between carriers, shippers, or 
ports, the Commission shall adjust the assessment or charge for the period 
between the filing of the complaint and the final decision by awarding pro-
spective credits or debits to future assessments and charges. However, if the 
complainant has ceased activities subject to the assessment or charge, the 
Commission may award reparations. 
‘‘§ 40306. Nondisclosure of information 
‘‘Information and documents (other than an agreement) filed with the 
Federal Maritime Commission under this chapter are exempt from disclo-
sure under section 552 of title 5 and may not be made public except as 
may be relevant to an administrative or judicial proceeding. This section 
does not prevent disclosure to either House of Congress or to a duly author-
ized committee or subcommittee of Congress. 
‘‘§ 40307. Exemption from antitrust laws 
‘‘(a) IN GENERAL.—The antitrust laws do not apply to—
‘‘(1) an agreement (including an assessment agreement) that has 
been filed and is effective under this chapter; 
‘‘(2) an agreement that is exempt under section 40103 of this title 
from any requirement of this part; 
‘‘(3) an agreement or activity within the scope of this part, whether 
permitted under or prohibited by this part, undertaken or entered into 
with a reasonable basis to conclude that it is—
‘‘(A) pursuant to an agreement on file with the Federal Mari-
time Commission and in effect when the activity takes place; or 
‘‘(B) exempt under section 40103 of this title from any filing 
or publication requirement of this part; 
‘‘(4) an agreement or activity relating to transportation services 
within or between foreign countries, whether or not via the United 
States, unless the agreement or activity has a direct, substantial, and 
reasonably foreseeable effect on the commerce of the United States; 
‘‘(5) an agreement or activity relating to the foreign inland segment 
of through transportation that is part of transportation provided in a 
United States import or export trade; 
‘‘(6) an agreement or activity to provide wharfage, dock, warehouse, 
or other terminal facilities outside the United States; or 
‘‘(7) an agreement, modification, or cancellation approved before 
June 18, 1984, by the Commission under section 15 of the Shipping 
Act, 1916, or permitted under section 14b of that Act, and any prop-
erly published tariff, rate, fare, or charge, or classification, rule, or reg-
ulation explanatory thereof implementing that agreement, modification, 
or cancellation.
‘‘(b) EXCEPTIONS.—This part does not extend antitrust immunity to—
‘‘(1) an agreement with or among air carriers, rail carriers, motor 
carriers, or common carriers by water not subject to this part relating 
to transportation within the United States; 
‘‘(2) a discussion or agreement among common carriers subject to 
this part relating to the inland divisions (as opposed to the inland por-
tions) of through rates within the United States; 
‘‘(3) an agreement among common carriers subject to this part to 
establish, operate, or maintain a marine terminal in the United States; 
or 
‘‘(4) a loyalty contract. 
‘‘(c) RETROACTIVE EFFECT OF DETERMINATIONS.—A determination by 
an agency or court that results in the denial or removal of the immunity 
to the antitrust laws under subsection (a) does not remove or alter the anti-
trust immunity for the period before the determination. 
‘‘(d) RELIEF UNDER CLAYTON ACT.—A person may not recover damages 
under section 4 of the Clayton Act (15 U.S.C. 15), or obtain injunctive re-
lief under section 16 of that Act (15 U.S.C. 26), for conduct prohibited by 
this part. 
‘‘CHAPTER 405—TARIFFS, SERVICE CONTRACTS, 
REFUNDS, AND WAIVERS
‘‘Sec. 
‘‘40501.
General rate and tariff requirements. 
‘‘40502.
Service contracts. 
‘‘40503.
Refunds and waivers.
‘‘§ 40501. General rate and tariff requirements 
‘‘(a) AUTOMATED TARIFF SYSTEM.—
‘‘(1) IN GENERAL.—Each common carrier and conference shall keep 
open to public inspection in an automated tariff system, tariffs showing 
all its rates, charges, classifications, rules, and practices between all 
points or ports on its own route and on any through transportation 
route that has been established. However, a common carrier is not re-
quired to state separately or otherwise reveal in tariffs the inland divi-
sions of a through rate. 
‘‘(2) EXCEPTIONS.—Paragraph (1) does not apply with respect to 
bulk cargo, forest products, recycled metal scrap, new assembled motor 
vehicles, waste paper, or paper waste. 
‘‘(b) CONTENTS OF TARIFFS.—A tariff under subsection (a) shall—
‘‘(1) state the places between which cargo will be carried; 
‘‘(2) list each classification of cargo in use; 
‘‘(3) state the level of compensation, if any, of any ocean freight for-
warder by a carrier or conference;