‘‘(E) with respect to claims arising out of
conduct engaged in on or after the date of the
enactment of the Ocean Shipping Reform Act
of 1995 but before June 1, 1997, filed by De-
cember 31, 1997.’’.
SEC. 116. REPEAL.
Section 23 of the Shipping Act of 1984 (46 App.
U.S.C. 1721) is repealed, effective on June 1, 1997.
SEC. 117. MARINE TERMINAL OPERATOR SCHEDULES.
(a) IN GENERAL.—The Shipping Act of 1984 (46
App. U.S.C. 1701 et seq.) is amended, effective on June
1, 1997, by adding at the end the following new section:
‘‘SEC. 24. MARINE TERMINAL OPERATOR SCHEDULES.
‘‘A marine terminal operator shall make available to
the public a schedule of rates, regulations, and practices,
including limitations of liability, pertaining to receiving,
delivering, handling, or storing property at its marine ter-
minal. The schedule shall be enforceable as an implied
contract, without proof of actual knowledge of its provi-
sions, for any activity by the marine terminal operator
that is taken to—
‘‘(1) efficiently transfer property between trans-
portation modes;
‘‘(2) protect property from damage or loss;
‘‘(3) comply with any governmental require-
ment; or
‘‘(4) store property in excess of the terms of
any other contract or agreement, if any, entered into
by the marine terminal operator.’’.
(b) CLERICAL AMENDMENT.—The Shipping Act of
1984 (46 App. U.S.C. 1701 et seq.) is amended in the
first section in the table of contents by adding at the end
the following new item:
‘‘Sec. 24. Marine terminal operator schedules.’’.
TITLE II—CONTROLLED
CARRIERS AMENDMENTS
SEC. 201. CONTROLLED CARRIERS.
Section 9 of the Shipping Act of 1984 (46 App.
U.S.C. 1708) is amended, effective on June 1, 1997—
(1) in subsection (a), by striking ‘‘in its tariffs
or service contracts filed with the Commission’’ and
‘‘in those tariffs or service contracts’’ in the first
sentence, and by striking ‘‘filed by a controlled car-
rier’’ in the last sentence;
(2) in subsection (b), by striking ‘‘filed’’ and in-
serting ‘‘published’’, in paragraphs (1) and (2);
(3) in subsection (c), by striking the first sen-
tence;
(4) subsection (d) is amended to read as fol-
lows:
‘‘(d) Within 120 days of the receipt of information
requested by the Secretary under this section, the Sec-
retary shall determine whether the rates, charges, classi-
fications, rules, or regulations of a controlled carrier may
be unjust and unreasonable. If so, the Secretary shall
issue an order to the controlled carrier to show cause why
those rates, charges, classifications, rules, or regulations
should not be approved. Pending a determination, the Sec-
retary may suspend the rates, charges, classifications,
rules, or regulations at any time. No period of suspension
may be greater than 180 days. Whenever the Secretary
has suspended any rates, charges, classifications, rules, or
regulations under this subsection, the affected carrier may
publish and, after notification to the Secretary, assess new
rates, charges, classifications, rules, or regulations—ex-
cept that the Secretary may reject the new rates, charges,
classifications, rules, or regulations if the Secretary deter-
mines that they are unreasonable.’’;
(5) in subsection (f), by striking ‘‘This’’ and in-
serting ‘‘Subject to subsection (g), this’’; and
(6) by adding at the end the following new sub-
sections:
‘‘(g) The rate standards, information submissions,
remedies, reviews, and penalties in this section shall also
apply to ocean common carriers that are not controlled,
but who have been determined by the Secretary to be
structurally or financially affiliated with nontransporta-
tion entities or organizations (government or private) in
such a way as to affect their pricing or marketplace behav-
ior in an unfair, predatory, or anticompetitive way that
disadvantages one or more ocean common carriers. The
Secretary may make such determinations upon request of
any person or upon the Secretary’s own motion, after con-
ducting an investigation and a public hearing.
‘‘(h)(1) The Secretary shall issue regulations by June
1, 1997, that prescribe procedures and requirements gov-
erning the submission of price and other information nec-
essary to enable the Secretary to determine under sub-
section (g) whether prices charged by carriers are unfair,
predatory, or anticompetitive.
‘‘(2)(A) If information provided to the Secretary
under this subsection does not result in a finding by the
Secretary of a violation of this section or enforcement ac-
tion by the Secretary, the information may not be made
public and shall be exempt from disclosure under section
552 of title 5, United States Code, except for purposes
of an administrative or judicial action or proceeding.
‘‘(B) This paragraph does not prohibit disclosure to
either House of the Congress or to a duly authorized com-
mittee or subcommittee of the Congress.’’.
SEC. 202. NEGOTIATING STRATEGY TO REDUCE GOVERN-
MENT OWNERSHIP AND CONTROL OF COM-
MON CARRIERS.
Not later than January 1, 1997, the Secretary of
Transportation shall develop, submit to Congress, and
begin implementing a negotiation strategy to persuade for-
eign governments to divest themselves of ownership and
control of ocean common carriers (as that term is defined
in section 3(18) of the Shipping Act of 1984 (46 App.
U.S.C. 1702).
SEC. 203. REPORT BY THE SECRETARY.
The Secretary shall report to the Congress by Janu-
ary 1, 1998, and annually thereafter, on—
(1) actions taken by the Secretary under the
Foreign Shipping Practices Act of 1988 (46 App.
U.S.C. 1710a) and section 9 of the Shipping Act of
1984 (46 U.S.C. App. 1708); and
(2) the effect on United States maritime em-
ployment of laws, rules, regulations, policies, or
practices of foreign governments, and any practices
of foreign carriers or other persons providing mari-
time or maritime-related services in a foreign coun-
try, that adversely affect the operations of United
States carriers in United States oceanborne trade.
TITLE III—ELIMINATION OF THE
FEDERAL MARITIME COMMIS-
SION
SEC. 301. AGENCY TERMINATION.
(a) IN GENERAL.—On September 30, 1997, the Fed-
eral Maritime Commission shall terminate and all remain-
ing functions, powers, and duties of the Federal Maritime
Commission shall be transferred to the Secretary of
Transportation.
(b) AUTHORIZATION OF APPROPRIATIONS FOR FIS-
CAL YEAR 1997.—There is authorized to be appropriated
to the Federal Maritime Commission, $19,000,000 for fis-
cal year 1997.
TITLE IV—MISCELLANEOUS
PROVISIONS
SEC. 401. TRANSFER OF CERTAIN OBSOLETE TUGBOATS OF
THE NAVY.
(a) REQUIREMENT TO TRANSFER VESSELS.—The
Secretary of the Navy shall transfer the six obsolete tug-
boats of the Navy specified in subsection (b) to the North-
east Wisconsin Railroad Transportation Commission, an
instrumentality of the State of Wisconsin. Such transfers
shall be made as expeditiously as practicable upon comple-
tion of any necessary environmental compliance agree-
ments.