Shipping Act of 1982

(Reported to Senate from Committee on Commerce, Science, and Transporation with amendment, S.Rept. 97-414)

Shipping Act of 1982 - Declares the objectives of United States regulation of international liner shipping, including: (1) to develop and maintain an efficient ocean transportation system through commercial means; (2) to foster reliable and responsible service by ocean common carriers and conferences; (3) to permit cooperation among carriers; and (4) to permit carriers to conduct international liner shipping and related intermodal activities with complete immunity from antitrust laws.

Lists authorized activities of shippers' councils, ocean common carriers, and marine terminal operators.

Requires that a copy of every agreement entered into with respect to such activities be filed with the Federal Maritime Commission, except transportation performance agreements within or between foreign countries.

Sets forth required contents of conference, shippers' council, inter-conference, and assessment agreements, and conferences utilizing loyalty contracts.

Describes criteria by which the Commission shall approve, modify, or reject such agreements.

Authorizes a conference or ocean common carrier engaged in foreign commerce to utilize loyalty contracts according to certain requirements.

Exempts specified agreements, contracts, and activities from the antitrust laws of the United States.

Directs ocean common carriers 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.

Prohibits a controlled carrier from maintaining rates in its tariffs that are below a level that is just and reasonable. Describes standards by which such rates shall be approved or disapproved. Provides for Presidential review of any order of suspension or final order of disapproval of rates of a controlled carrier.

Exempts specified carriers from the provisions of this Act.

Requires that ocean freight forwarders furnish a bond approved by the Commission and hold a license issued by the Commission.

Requires ocean common carriers to compensate ocean freight forwarders in a specified manner.

Prohibits certain acts by ocean common carriers, including: (1) rebating or refunding any portion of rates except in accordance with a tariff; (2) charging rates that are unreasonably low; or (3) making unfair or unjustly discriminatory contracts with shippers.

Restricts certain acts by shippers, ocean freight forwarders, common carriers, marine terminal operators, and other persons.

Authorizes any person to file with the Commission a complaint alleging a violation of this Act. Describes procedures for the investigation and adjudication of such complaints. Assesses civil penalties for violations of this Act.

Makes provisions concerning orders of the Commission relating to violations of this Act or regulations hereunder.

Empowers the Commission to require reports and certificates from persons or entities governed by provisions of such Act.

Permits the Commission to exempt any specified activity or class of agreements between ocean common carriers or other persons subject to this Act from the requirements of this Act.