[Congressional Record Volume 142, Number 57 (Tuesday, April 30, 1996)]
[House]
[Page H4304]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted to 
follows:

                               H.R. 2149

                        Offered By: Mr. Oberstar

       Amendment No. 1: Page 10, line 23, strike ``(5)'' and 
     insert ``(5)(A)''.
       Page 11, line 7, strike the closing quotation marks and the 
     final period.
       Page 11, after line 7, insert the following:
       ``(B) Notwithstanding subparagraph (A), the essential terms 
     of a contract entered into under this section shall be made 
     publicly available electronically in a manner prescribed by 
     the Commission. This subparagraph does not apply to service 
     contracts dealing with bulk cargo, forest products, recycled 
     metal scrap, waste paper, or paper waste.
       ``(C) For purposes of subparagraph (B), the essential terms 
     of a contract shall include--
       ``(i) the origin and destination port ranges in the case of 
     port-to-port movements, and the origin and destination 
     geographic areas in the case of through intermodal movements;
       ``(ii) the commodity or commodities involved;
       ``(iii) the minimum volume;
       ``(iv) the line-haul rate;
       ``(v) the duration;
       ``(vi) service commitments; and
       ``(vii) the liquidated damages for nonperformance, if 
     any.''.
       Page 14, line 11, insert ``except as provided by section 
     8(b)(4)(B),'' after ``(B)''.
       At the end of section 301(a) of the bill insert the 
     following:

     The Secretary of Transportation shall delegate such 
     functions, powers, and duties to the Surface Transportation 
     Board.

                               H.R. 2149

                       Offered By: Mr. Traficant

       Amendment No. 2: Page 24, line 15, strike ``United States 
     carriers'' insert ``one or more ocean common carriers''.

                               H.R. 2149

                       Offered By: Mr. Traficant

       Amendment No. 3: Page 24, strike lines 19 through 24 and 
     insert the following:
       ``(b)(1) The Secretary shall issue regulations by June 1, 
     1997, that prescribe procedures and requirements governing 
     the submission of price and other information necessary to 
     enable the Secretary to determine under subsection (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 action 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 committee or 
     subcommittee of the Congress.''.

                               H.R. 2149

                       Offeered By: Mr. Traficant

       Amendment No. 4: At the end of title II, add the following 
     new section:

     SEC. 203. REPORT BY THE SECRETARY.

       The Secretary shall report to the Congress by January 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 employment of 
     laws, rules, regulations, policies, or practices of foreign 
     governments, and any practices of foreign carriers or other 
     persons providing maritime or maritime-related services in a 
     foreign country, that adversely affect the operations of 
     United States carriers in United States oceanborne trade.