‘‘§ 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: 
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‘‘(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 
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‘‘(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. 
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‘‘(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— 
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