[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1432 Reported in Senate (RS)]

                                                       Calendar No. 323

103d CONGRESS

  1st Session

                                S. 1432

                          [Report No. 103-196]

_______________________________________________________________________

                                 A BILL

    To amend the Merchant Marine Act, 1936, to establish a National 
 Commission to Ensure a Strong and Competitive United States Maritime 
                               Industry.

_______________________________________________________________________

            November 19 (legislative day, November 2), 1993

                        Reported with amendments





                                                       Calendar No. 323
103d CONGRESS
  1st Session
                                S. 1432

                          [Report No. 103-196]

    To amend the Merchant Marine Act, 1936, to establish a National 
 Commission to Ensure a Strong and Competitive United States Maritime 
                               Industry.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 6 (legislative day, June 30), 1993

  Mr. Hollings (for himself, Mr. Breaux, Mr. Kerry, Mr. Robb, and Ms. 
   Mikulski) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

            November 19 (legislative day, November 2), 1993

               Reported by Mr. Hollings, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
    To amend the Merchant Marine Act, 1936, to establish a National 
 Commission to Ensure a Strong and Competitive United States Maritime 
                               Industry.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Maritime Competitiveness Act of 
1993''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Since early in our Nation's history, it has been the 
        policy of the United States to maintain a strong United States 
        maritime industry that--
                    (A) includes an operating fleet of modern United 
                States-flag vessels that is sufficient to carry the 
                domestic waterborne commerce of the United States and a 
                substantial portion of the waterborne export and import 
                foreign commerce of the United States, and to provide 
                shipping service essential for maintaining the flow of 
                such domestic and foreign waterborne commerce at all 
                times;
                    (B) includes a fleet of vessels under United States 
                registry that is adequate to serve as a naval auxiliary 
                in time of war or national emergency;
                    (C) has a labor force composed of highly trained 
                and efficient United States citizens; and
                    (D) includes a United States shipbuilding industry 
                with the most modern and efficient facilities.
            (2) The United States maritime industry has declined to the 
        point that this longstanding national policy is imperiled.
            (3) There is a growing sentiment in favor of reforming the 
        maritime laws and governmental practices in order to revitalize 
        the industry.
            (4) Without such reform, it is foreseeable that the 
        remaining United States-flag carriers will shift their 
        operations to foreign-flag vessels and the Nation's 
        shipbuilding industry and other sectors of the maritime 
        industry will continue to decline.
            (5) A focused review of the United States maritime industry 
        and impediments to its success should be undertaken in order to 
        lay a solid foundation for reform.

SEC. 3. AMENDMENT TO MERCHANT MARINE ACT, 1936.

    The Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.), is 
amended by adding at the end the following new title:

``TITLE XIV--NATIONAL COMMISSION ON MARITIME INDUSTRY COMPETITIVENESS

``SEC. 1401. ESTABLISHMENT.

    ``There is established a commission to be known as the `National 
-C-o-m-m-i-t-t-e-e Commission to Ensure a Strong and Competitive United 
States Maritime Industry' (hereinafter referred to as the 
`Commission').

``SEC. 1402. FUNCTIONS.

    ``(a) Investigation and Study.--The Commission shall make a 
complete investigation and study of the condition of the United States 
maritime industry, and impediments to a strong and competitive United 
States maritime industry.
    ``(b) Policy Recommendations.--Based on the results of the 
investigation and study to be conducted under subsection (a), the 
Commission shall recommend to the President and Congress those policies 
which should be adopted to--
            ``(1) achieve the national goal of a strong and competitive 
        United States maritime industry which will help to provide for 
        the national defense and economic security;
            ``(2) revitalize the fleet of United States-flag vessels 
        and maintain that fleet at a level sufficient to contribute to 
        the national defense and the economic security of the Nation;
            ``(3) foster a viable United States shipbuilding industry 
        to provide an industrial base for meeting present and future 
        military and civilian shipbuilding needs; and
            ``(4) reduce the loss of seafaring and shipbuilding jobs 
        for United States citizens so as to ensure the existence of a 
        reliable maritime labor force.

``SEC. 1403. SPECIFIC MATTERS TO BE ADDRESSED.

    ``The Commission shall specifically investigate and study under 
section 1402(a) the following:
            ``(1) Current condition of united states maritime 
        industry.--The current condition of the United States maritime 
        industry, including how the condition of the industry is likely 
        to change over the next ten years.
            ``(2) National defense.--The adequacy of the United States 
        maritime industry to ensure the national defense.
            ``(3) Maritime labor.--Whether there is an adequate number 
        of skilled mariners and shipyard workers, the level of training 
        of United States mariners at training facilities in the United 
        States, and the effect of wage rates on the global 
        competitiveness of the United States maritime industry.
            ``(4) Impediments to a strong and competitive maritime 
        industry.--Whether the Federal Government should take any 
        legislative or administrative actions to improve the condition 
        of the United States maritime industry, including whether any 
        changes are needed in the legal and administrative policies 
        which govern--
                    ``(A) support for United States-flag vessel 
                operations;
                    ``(B) the taxes and user fees imposed on United 
                States maritime enterprises;
                    ``(C) the regulatory requirements imposed on United 
                States-flag vessels and their operators, including 
                environmental, vessel construction, and safety 
                standards; and
                    ``(D) incentives to encourage investment in United 
                States-flag vessel operations and United States 
                shipbuilding.
            -`-`-(-4-) ``(5) International maritime policy.--Whether 
        the policies and strategies followed by the United States in 
        international maritime policy are promoting the ability of the 
        United States maritime industry to achieve long-term 
        competitive success in international markets, including--
                    ``(A) the Government's general negotiating policy;
                    ``(B) the desirability of multilateral rather than 
                bilateral negotiations;
                    ``(C) the rights granted foreign investors to 
                invest in United States-flag shipping and United States 
                shipbuilding; and
                    ``(D) the effect of subsidies and other financial 
                assistance by foreign governments to their vessel 
                operators and shipbuilders.

``SEC. 1404. MEMBERSHIP; ADMINISTRATIVE MATTERS.

    ``(a) Appointment.--The Commission shall be composed of 15 voting 
members and 11 nonvoting members as follows:
            ``(1) 5 voting members and 1 nonvoting member appointed by 
        the President.
            ``(2) 3 voting members and 3 nonvoting members appointed by 
        the majority leader of the Senate.
            ``(3) 2 voting members and 2 nonvoting members appointed by 
        the minority leader of the Senate.
            ``(4) 3 voting members and 3 nonvoting members appointed by 
        the Speaker of the House of Representatives.
            ``(5) 2 voting members and 2 nonvoting members appointed by 
        the minority leader of the House of Representatives.
    ``(b) Qualifications.--Voting members appointed pursuant to 
subsection (a) shall be appointed from among individuals who are 
experts in commercial shipping, international trade, and related 
disciplines and who can represent United States-flag vessel operators 
(including domestic passenger vessel operators), seafaring and 
shipbuilding labor, shipbuilders, shippers, and the financial community 
with expertise in maritime matters.
    ``(c) Terms of Office.--Members shall be appointed for the life of 
the Commission.
    ``(d) Vacancies.--A vacancy in the Commission shall be filled in 
the manner in which the original appointment was made.
    ``(e) Travel Expenses.--Members shall serve without pay but shall 
receive travel expenses, including per diem in lieu of subsistence, in 
accordance with subchapter I of chapter 57 of title 5, United States 
Code.
    ``(f) Chairman.--The President, in consultation with the majority 
leader of the Senate and the Speaker of the House of Representatives, 
shall designate the Chairman of the Commission from among its voting 
members.
    ``(g) Commission Panels.--The Chairman shall establish such panels 
consisting of voting members of the Commission as the Chairman 
determines appropriate to carry out the functions of the Commission.
    ``(h) Staff.--The Commission may appoint and fix the pay of such 
personnel as it considers appropriate.
    ``(i) Staff of Federal Agencies.--Upon request of the Commission, 
the head of any department or agency of the United States may detail, 
on a reimbursable basis, any of the personnel of that department or 
agency to the Commission to assist it in carrying out its duties under 
this title.
    ``(j) Administrative Support Services.--Upon request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its duties under 
this title.
    ``(k) Staff and Other Support.--Upon the request of the Commission 
or a panel of the Commission, the Secretary of Transportation shall 
provide the Commission or panel with staff and other support to assist 
the Commission or panel in carrying out its responsibilities.
    ``(l) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information (other 
than information required by any statute of the United States to be 
kept confidential by such department or agency) necessary for the 
Commission to carry out its duties under this title. Upon request of 
the Commission, the head of that department or agency shall furnish 
such nonconfidential information to the Commission.

``SEC. 1405. REPORT.

    ``Not later than sixty days after the date on which the initial 
appointments of members to the Commission are completed, the Commission 
shall transmit to the President and Congress a report on the activities 
of the Commission, including recommendations made by the Commission 
under section 1402(b).

``SEC. 1406. TERMINATION.

    ``The Commission shall terminate on the 30th day after the date of 
transmittal of the report under section 1405. All records and papers of 
the Commission shall thereupon be delivered by the Administrator of 
General Services for deposit in the National Archives.''.