PROHIBITED ACTS.

SEC. 109. PROHIBITED ACTS. (a) Section 10(b) of the Shipping Act of 1984 (46 U.S.C. App. 1709(b)) is amended by— (1) striking paragraphs (1) through (3); (2) redesignating paragraph (4) as paragraph (1); (3) inserting after paragraph (1), as redesignated, the following: “(2) provide service in the liner trade that— “(A) is not in accordance with the rates, charges, classifications, rules, and practices contained in a tariff published or a service contract entered into under section 8 of this Act unless excepted or exempted under section 8(a)(1) or 16 of this Act; or “(B) is under a tariff or service contract which has been suspended or prohibited by the Commission under section 9 of this Act or the Foreign Shipping Practices Act of 1988 (46 U.S.C. App. 1710a);”; (4) redesignating paragraphs (5) and (6) as paragraphs (3) and (4), respectively, (5) striking “except for service contracts,” in paragraph (4), as redesignated, and inserting “for service pursuant to a tariff,”; (6) striking “rates;” in paragraph (4)(A), as redesignated, and inserting “rates or charges;”; (7) inserting after paragraph (4), as redesignated, the following: “(5) for service pursuant to a service contract, engage in any unfair or unjustly discriminatory practice in the matter of rates or charges with respect to any port;”; (8) redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively; (9) striking paragraph (6) as redesignated and inserting the following: “(6) use a vessel or vessels in a particular trade for the purpose of excluding, preventing, or reducing competition by driving another ocean common carrier out of that trade;”;112 STAT. 1910 (10) striking paragraphs (9) through (13) and inserting the following: “(8) for service pursuant to a tariff, give any undue or unreasonable preference or advantage or impose any undue or unreasonable prejudice or disadvantage; “(9) for service pursuant to a service contract, give any undue or unreasonable preference or advantage or impose any undue or unreasonable prejudice or disadvantage with respect to any port; “(10) unreasonably refuse to deal or negotiate;”; (11) redesignating paragraphs (14), (15), and (16) as paragraphs (11), (12), and (13), respectively; (12) striking “a non–vessel–operating common carrier” in paragraphs (11) and (12) as redesignated and inserting “an ocean transportation intermediary”; (13) striking “sections 8 and 23” in paragraphs (11) and (12) as redesignated and inserting “sections 8 and 19”; (14) striking “or in which an ocean transportation intermediary is listed as an affiliate” in paragraph (12), as redesignated; (15) striking “Act;” in paragraph (12), as redesignated, and inserting “Act, or with an affiliate of such ocean transportation intermediary;” (16) striking “paragraph (16)” in the matter appearing after paragraph (13), as redesignated, and inserting “paragraph (13)”; and (17) inserting “the Commission,” after “United States,” in such matter. (b) Section 10(c) of the Shipping Act of 1984 (46 U.S.C. App. 1709(c)) is amended by— (1) striking “non–ocean carriers” in paragraph (4) and inserting “non–ocean carriers, unless such negotiations and any resulting agreements are not in violation of the antitrust laws and are consistent with the purposes of this Act”; (2) striking “freight forwarder” in paragraph (5) and inserting “transportation intermediary, as defined by section 3(17)(A) of this Act,”; (3) striking “or” at the end of paragraph (5); (4) striking “contract.” in paragraph (6) and inserting “contract;”; and (5) adding at the end the following: “(7) for service pursuant to a service contract, engage in any unjustly discriminatory practice in the matter of rates or charges with respect to any locality, port, or persons due to those persons’ status as shippers’ associations or ocean transportation intermediaries; or “(8) for service pursuant to a service contract, give any undue or unreasonable preference or advantage or impose any undue or unreasonable prejudice or disadvantage with respect to any locality, port, or persons due to those persons’ status as shippers’ associations or ocean transportation intermediaries;”. (c) Section 10(d) of the Shipping Act of 1984 (46 U.S.C. App. 1709(d)) is amended by— (1) striking “freight forwarders,” and inserting “transportation intermediaries,”;112 STAT. 1911 (2) striking “freight forwarder,” in paragraph (1) and inserting “transportation intermediary,”; (3) striking “subsection (b)(11), (12), and (16)” and inserting “subsections (b)(10) and (13)”; and (4) adding at the end thereof the following: “(4) No marine terminal operator may give any undue or unreasonable preference or advantage or impose any undue or unreasonable prejudice or disadvantage with respect to any person. “(5) The prohibition in subsection (b)(13) of this section applies to ocean transportation intermediaries, as defined by section 3(17)(A) of this Act.”.