[Congressional Record Volume 144, Number 42 (Friday, April 3, 1998)]
[Senate]
[Pages S3192-S3202]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   OCEAN SHIPPING REFORM ACT OF 1997

  Mrs. HUTCHISON. Mr. President, on behalf of the leader, I ask 
unanimous consent that the Senate now proceed to the consideration of 
S. 414, and it be considered under the following limitations: A 
substitute amendment offered by Senator Hutchison and an amendment to 
the substitute on application of the act to be offered by Senator 
Gorton.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report.
  The assistant legislative clerk read as follows:

       A bill (S. 414) to amend the Shipping Act of 1984 to 
     encourage competition in international shipping and growth of 
     United States imports and exports, and for other purposes.

  The Senate proceeded to consider the bill, which had been reported 
from the Committee on Commerce, Science, and Transportation, with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ocean Shipping Reform Act of 
     1997''.

     SEC. 2. EFFECTIVE DATE.

       Except as otherwise expressly provided in this Act, this 
     Act and the amendments made by this Act take effect on March 
     1, 1998.
            TITLE I--AMENDMENTS TO THE SHIPPING ACT OF 1984

     SEC. 101. PURPOSE.

       Section 2 of the Shipping Act of 1984 (46 U.S.C. App. 1701) 
     is amended by--

[[Page S3193]]

       (1) striking ``and'' after the semicolon in paragraph (2);
       (2) striking ``needs.'' in paragraph (3) and inserting 
     ``needs; and'';
       (3) adding at the end thereof the following:
       ``(4) to promote the growth and development of United 
     States exports through competitive and efficient ocean 
     transportation and by placing a greater reliance on the 
     marketplace.''.

     SEC. 102. DEFINITIONS.

       (a) In General.--Section 3 of the Shipping Act of 1984 (46 
     U.S.C. App. 1702) is amended by--
       (1) striking paragraph (5) and redesignating paragraph (4) 
     as paragraph (5);
       (2) inserting after paragraph (3) the following:
       ``(4) `Board' means the Intermodal Transportation Board.'';
       (3) striking ``the government under whose registry the 
     vessels of the carrier operate;'' in paragraph (8) and 
     inserting ``a government;'';
       (4) striking paragraph (9) and inserting the following:
       ``(9) `deferred rebate' means a return by a common carrier 
     of any portion of freight money to a shipper as a 
     consideration for that shipper giving all, or any portion, of 
     its shipments to that or any other common carrier over a 
     fixed period of time, the payment of which is deferred beyond 
     the completion of service for which it is paid, and is made 
     only if the shipper has agreed to make a further shipment or 
     shipments with that or any other common carrier.'';
       (5) striking paragraph (10) and redesignating paragraphs 
     (11) through (27) as paragraphs (10) through (26);
       (6) striking ``in an unfinished or semifinished state that 
     require special handling moving in lot sizes too large for a 
     container,'' in paragraph (10), as redesignated;
       (7) striking ``paper board in rolls, and paper in rolls.'' 
     in paragraph (10) as redesignated and inserting ``paper and 
     paper board in rolls or in pallet or skid-sized sheets.'';
       (8) striking ``conference, other than a service contract or 
     contract based upon time-volume rates,'' in paragraph (13) as 
     redesignated and inserting ``agreement'';
       (9) striking ``conference.'' in paragraph (13) as 
     redesignated and inserting ``agreement and the contract 
     provides for a deferred rebate arrangement.'';
       (10) by striking ``carrier.'' in paragraph (14) as 
     redesignated and inserting ``carrier, or in connection with a 
     common carrier and a water carrier subject to subchapter II 
     of chapter 135 of title 49, United States Code.''.
       (11) striking paragraph (16) as redesignated and 
     redesignating paragraphs (17) through (26) as redesignated as 
     paragraphs (16) through (25), respectively;
       (12) striking paragraph (17), as redesignated, and 
     inserting the following:
       ``(17) `ocean transportation intermediary' means an ocean 
     freight forwarder or a non-vessel-operating common carrier. 
     For purposes of this paragraph, the term
       ``(A) `ocean freight forwarder' means a person that--
       ``(i) in the United States, dispatches shipments from the 
     United States via a common carrier and books or otherwise 
     arranges space for those shipments on behalf of shippers; and
       ``(ii) processes the documentation or performs related 
     activities incident to those shipments; and
       ``(B) `non-vessel-operating common carrier' means a common 
     carrier that does not operate the vessels by which the ocean 
     transportation is provided, and is a shipper in its 
     relationship with an ocean common carrier.'';
       (13) striking paragraph (19), as redesignated and inserting 
     the following:
       ``(19) `service contract' means a written contract, other 
     than a bill of lading or a receipt, between one or more 
     shippers and an individual common carrier or an agreement 
     between or among ocean common carriers in which the shipper 
     or shippers makes a commitment to provide a certain volume or 
     portion of cargo over a fixed time period, and the common 
     carrier or the agreement commits to a certain rate or rate 
     schedule and a defined service level, such as assured space, 
     transit time, port rotation, or similar service features. The 
     contract may also specify provisions in the event of 
     nonperformance on the part of any party.'';
       (14) striking paragraph (21), as redesignated, and 
     inserting the following:
       ``(21) `shipper' means--
       ``(A) a cargo owner;
       ``(B) the person for whose account the ocean transportation 
     is provided;
       ``(C) the person to whom delivery is to be made;
       ``(D) a shippers' association; or
       ``(E) an ocean transportation intermediary, as defined in 
     paragraph (17)(B) of this section, that accepts 
     responsibility for payment of all charges applicable under 
     the tariff or service contract.''.
       (b) Special Effective Date.--The amendments made by 
     subsection (a) take effect on the date of enactment, except 
     that the amendments made by paragraphs (1) and (2) take 
     effect on January 1, 1999.

     SEC. 103. AGREEMENTS WITHIN THE SCOPE OF THE ACT.

       (a) Ocean Common Carriers.--Section 4(a) of the Shipping 
     Act of 1984 (46 U.S.C. App. 1703(a)) is amended by--
       (1) striking ``operators or non-vessel-operating common 
     carriers;'' in paragraph (5) and inserting ``operators;''; 
     and
       (2) striking ``and'' in paragraph (6) and inserting ``or''.
       (b) Marine Terminal Operators.--Section 4(b) of that Act 
     (46 U.S.C. App. 1703(b)) is amended by--
       (1) striking ``(to the extent the agreements involve ocean 
     transportation in the foreign commerce of the United 
     States)''; and
       (2) striking ``arrangements.'' in paragraph (2) and 
     inserting ``arrangements, to the extent that such agreements 
     involve ocean transportation in the foreign commerce of the 
     United States.''.

     SEC. 104. AGREEMENTS.

       (a) In General.--Section 5(b) of the Shipping Act of 1984 
     (46 U.S.C. App. 1704(b)) is amended by--
       (1) striking ``and'' at the end of paragraph (7);
       (2) striking paragraph (8) and inserting the following:
       ``(8) provide that any member of the conference may take 
     independent action on any rate or service item upon not more 
     than 5 calendar days' notice to the conference and that, 
     except for exempt commodities not published in the conference 
     tariff, the conference will include the new rate or service 
     item in its tariff for use by that member, effective no later 
     than 5 calendar days after receipt of the notice, and by any 
     other member that notifies the conference that it elects to 
     adopt the independent rate or service item on or after its 
     effective date, in lieu of the existing conference tariff 
     provision for that rate or service item; and
       ``(9) prohibit the agreement from--
       ``(A) prohibiting or restricting the members of the 
     agreement from engaging in negotiations for service contracts 
     with 1 or more shippers;
       ``(B) requiring a member of the agreement to disclose a 
     negotiation on a service contract, or the terms and 
     conditions of a service contract, other than those specified 
     by section 8(c)(3) of this Act; and
       ``(C) issuing mandatory rules or requirements affecting an 
     agreement member's right to negotiate and enter into service 
     contracts.
     An agreement may issue voluntary guidelines relating to the 
     terms and procedures of agreement members' service contracts 
     if the guidelines explicitly state the right of members of 
     the agreement not to follow the guidelines and the guidelines 
     are filed with the agreement.''.
       (b) Application.--Section 5(d) of that Act (46 U.S.C. App. 
     1704(d)) is amended by striking ``this Act, the Shipping Act, 
     1916, and the Intercoastal Shipping Act, 1933,'' and 
     inserting ``this Act and the Shipping Act, 1916,''.

     SEC. 105. EXEMPTION FROM ANTITRUST LAWS.

       (a) In General.--Section 7 of the Shipping Act of 1984 (46 
     U.S.C. App. 1706) is amended by--
       (1) inserting ``or publication'' in paragraph (2) of 
     subsection (a) after ``filing'';
       (2) inserting ``Federal Maritime'' before ``Commission'' in 
     paragraph (6) of subsection (a);
       (3) striking ``or'' at the end of subsection (b)(2);
       (4) striking ``States.'' at the end of subsection (b)(3) 
     and inserting ``States; or''; and
       (5) adding at the end of subsection (b) the following:
       ``(4) to any loyalty contract.''.
       (b) Special Effective Date.--The amendments made by 
     subsection (a) take effect on the date of enactment except 
     the amendment made by paragraph (2) of subsection (a) takes 
     effect on January 1, 1999.

     SEC. 106. TARIFFS.

       (a) In General.--Section 8(a) of the Shipping Act of 1984 
     (46 U.S.C. App. 1707(a)) is amended by--
       (1) inserting ``new assembled motor vehicles,'' after 
     ``scrap,'' in paragraph (1);
       (2) striking ``file with the Commission, and'' in paragraph 
     (1);
       (3) striking ``inspection,'' in paragraph (1) and inserting 
     ``inspection in an automated tariff system,'';
       (4) striking ``tariff filings'' in paragraph (1) and 
     inserting ``tariffs'';
       (5) striking ``and'' at the end of paragraph (1)(D);
       (6) striking ``loyalty contract,'' in paragraph (1)(E);
       (7) striking ``agreement.'' in paragraph (1)(E) and 
     inserting ``agreement; and'';
       (8) adding at the end of paragraph (1) the following:
       ``(F) include copies of any loyalty contract, omitting the 
     shipper's name.''; and
       (9) striking paragraph (2) and inserting the following:
       ``(2) Tariffs shall be made available electronically to any 
     person, without time, quantity, or other limitation, through 
     appropriate access from remote locations, and a reasonable 
     charge may be assessed for such access. No charge may be 
     assessed a Federal agency for such access.''.
       (b) Service Contracts.--Subsection (c) of that section is 
     amended to read as follows:
       ``(c) Service Contracts.--
       ``(1) In general.--An individual common carrier or an 
     agreement between or among ocean common carriers may enter 
     into a service contract with one or more shippers subject to 
     the requirements of this Act. The exclusive remedy for a 
     breach of a contract entered into under this subsection shall 
     be an action in an appropriate court, unless the parties 
     otherwise agree. In no case may the contract dispute 
     resolution forum be affiliated with, or controlled by, any 
     party to the contract.
       ``(2) Filing requirements.--Except for service contracts 
     dealing with bulk cargo, forest products, recycled metal 
     scrap, new assembled motor vehicles, waste paper, or paper 
     waste, each contract entered into under this subsection by an 
     individual common carrier or an agreement shall be filed 
     confidentially with the Commission. Each service contract 
     shall include the following essential terms--
       ``(A) the origin and destination port ranges;
       ``(B) the origin and destination geographic areas, in the 
     case of through intermodal movements;
       ``(C) the commodity or commodities involved;
       ``(D) the minimum volume or portion;

[[Page S3194]]

       ``(E) the line-haul rate;
       ``(F) the duration;
       ``(G) service commitments; and
       ``(H) the liquidated damages for nonperformance, if any.
       ``(3) Publication of certain essential terms.--When a 
     service contract is filed confidentially with the Commission, 
     a concise statement of the terms described in paragraphs 
     (2)(C), (D), and (F) and the United States port range shall 
     be published and made available to the public in tariff 
     format.
       ``(4) Disclosure of certain unpublished terms.--A party to 
     a collective-bargaining agreement may petition the Commission 
     for the disclosure of any service contract terms not required 
     to be published by paragraph (3) which that party considers 
     to be in violation of that agreement. The petition shall 
     include evidence demonstrating that
       ``(A) a specific ocean common carrier is a party to a 
     collective-bargaining agreement with the petitioner;
       ``(B) the ocean common carrier may be violating the terms 
     and conditions of that agreement; and
       ``(C) the alleged violation involves the moment of cargo 
     subject to this Act.
       ``(5) Action by Commission.--The Commission, after 
     reviewing a petition under paragraph (4), the evidence 
     provided with the petition, and the filed service contracts 
     of the carrier named in the petition, may disclose to the 
     petitioner only such unpublished terms of that carrier's 
     service contracts that the Commission reasonably believes may 
     constitute a violation of the collective-bargaining 
     agreement. The Commission may not disclose any unpublished 
     service contract terms with respect to a collective-
     bargaining agreement term or condition determined by the 
     Commission to be in violation of this Act.''.
       (c) Rates.--Subsection (d) of that section is amended by--
       (1) striking ``30 days after filing with the Commission.'' 
     in the first sentence and inserting ``30 calendar days after 
     publication.'';
       (2) inserting ``calendar'' after ``30'' in the next 
     sentence; and
       (3) striking ``publication and filing with the 
     Commission.'' in the last sentence and inserting 
     ``publication.''.
       (d) Marine Terminal Operator Schedules.--Subsection (e) of 
     that section is amended to read as follows:
       ``(e) Marine Terminal Operator Schedules.--A marine 
     terminal operator may make available to the public, subject 
     to section 10(d) of this Act, a schedule of rates, 
     regulations, and practices pertaining to receiving, 
     delivering, handling, or storing property at its marine 
     terminal. Any such schedule made available to the public 
     shall be enforceable by an appropriate court as an implied 
     contract without proof of actual knowledge of its 
     provisions.''.
       (e) Automated Tariff System Requirements; Form.--Subsection 
     (f) of that section is amended to read as follows:
       ``(f) Regulations.--The Commission shall by regulation 
     prescribe the requirements for the accessibility and accuracy 
     of automated tariff systems established under this section. 
     The Commission may, after periodic review, prohibit the use 
     of any automated tariff system that fails to meet the 
     requirements established under this section. The Commission 
     may not require a common carrier to provide a remote terminal 
     for access under subsection (a)(2). The Commission shall by 
     regulation prescribe the form and manner in which marine 
     terminal operator schedules authorized by this section shall 
     be published.''.

     SEC. 107. AUTOMATED TARIFF FILING AND INFORMATION SYSTEM.

       Section 502 of the High Seas Driftnet Fisheries Enforcement 
     Act (46 U.S.C. App. 1707a) is repealed.

     SEC. 108. CONTROLLED CARRIERS.

       Section 9 of the Shipping Act of 1984 (46 U.S.C. App. 1708) 
     is amended by--
       (1) striking ``service contracts filed with the 
     Commission'' in the first sentence of subsection (a) and 
     inserting ``service contracts, or charge or assess rates,'';
       (2) striking ``or maintain'' in the first sentence of 
     subsection (a) and inserting ``maintain, or enforce'';
       (3) striking ``disapprove'' in the third sentence of 
     subsection (a) and inserting ``prohibit the publication or 
     use of''; and
       (4) striking ``filed by a controlled carrier that have been 
     rejected, suspended, or disapproved by the Commission'' in 
     the last sentence of subsection (a) and inserting ``that have 
     been suspended or prohibited by the Commission'';
       (5) striking ``may take into account appropriate factors 
     including, but not limited to, whether--'' in subsection (b) 
     and inserting ``shall take into account whether the rates or 
     charges which have been published or assessed or which would 
     result from the pertinent classifications, rules, or 
     regulations are below a level which is fully compensatory to 
     the controlled carrier based upon that carrier's actual costs 
     or upon its constructive costs. For purposes of the preceding 
     sentence, the term `constructive costs' means the costs of 
     another carrier, other than a controlled carrier, operating 
     similar vessels and equipment in the same or a similar trade. 
     The Commission may also take into account other appropriate 
     factors, including but not limited to, whether--'';
       (6) striking paragraph (1) of subsection (b) and 
     redesignating paragraphs (2), (3), and (4) as paragraphs (1), 
     (2), and (3), respectively;
       (7) striking ``filed'' in paragraph (1) as redesignated and 
     inserting ``published or assessed'';
       (8) striking ``filing with the Commission.'' in subsection 
     (c) and inserting ``publication.'';
       (9) striking ``Disapproval of Rates.--'' in subsection (d) 
     and inserting ``Prohibition of Rates.--Within 120 days after 
     the receipt of information requested by the Commission under 
     this section, the Commission shall determine whether the 
     rates, charges, classifications, rules, or regulations of a 
     controlled carrier may be unjust and unreasonable.'';
       (10) striking ``filed'' in subsection (d) and inserting 
     ``published or assessed'';
       (11) striking ``may issue'' in subsection (d) and inserting 
     ``shall issue'';
       (12) striking ``disapproved.'' in subsection (d) and 
     inserting ``prohibited.'';
       (15) striking ``60'' in subsection (d) and inserting 
     ``30'';
       (16) inserting ``controlled'' after ``affected'' in 
     subsection (d);
       (17) striking ``file'' in subsection (d) and inserting 
     ``publish''.
       (18) striking ``disapproval'' in subsection (e) and 
     inserting ``prohibition'';
       (19) inserting ``or'' after the semicolon in subsection 
     (f)(1);
       (20) striking paragraphs (2), (3), and (4) of subsection 
     (f); and
       (21) redesignating paragraph (5) of subsection (f) as 
     paragraph (2).

     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 services, facilities, or privileges, other 
     than in accordance with the rates or terms in its tariffs or 
     service contracts in effect when the service was provided;'';
       (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), as redesignated, 
     and inserting ``rates or charges;'';
       (7) inserting ``(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 location, port, class or type of shipper or ocean 
     transportation intermediary, or description of traffic;'' 
     after paragraph (4);
       (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 in a particular trade to drive another 
     ocean common carrier out of that trade;'';
       (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 location, port, class or type of shipper or ocean 
     transportation intermediary, or description of traffic;
       ``(10) unreasonably refuse to deal or negotiate;'';
       (10) redesignating paragraphs (14), (15), and (16) as 
     paragraphs (11), (12), and (13), respectively;
       (11) striking ``a non-vessel-operating common carrier'' in 
     paragraphs (11) and (12) as redesignated and inserting ``an 
     ocean transportation intermediary'';
       (12) striking ``sections 8 and 23'' in paragraphs (11) and 
     (12) as redesignated and inserting ``sections 8 and 19'';
       (13) striking ``or in which an ocean transportation 
     intermediary is listed as an affiliate'' in paragraph (11), 
     as redesignated;
       (14) striking ``Act;'' in paragraph (12), as redesignated, 
     and inserting ``Act, or with an affiliate of such ocean 
     transportation intermediary;''
       (15) striking ``paragraph (16)'' in the matter appearing 
     after paragraph (13), as redesignated, and inserting 
     ``paragraph (13)''; and
       (16) inserting ``the Commission,'' after ``United States,'' 
     in such matter.
       (b) Section 10(c)(5) of the Shipping Act of 1984 (46 U.S.C. 
     App. 1709(c)(5)) is amended by striking ``freight forwarder'' 
     and inserting ``transportation intermediary, as defined by 
     section 3(17)(A) of this Act,''.
       (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,'';
       (2) striking ``freight forwarder,'' in paragraph (1) and 
     inserting ``transportation intermediary,'';
       (3) striking ``subsection (b)(11), (12), and (16)'' and 
     inserting ``subsections (b) (8), (9), (10), and (13)''; and
       (4) adding at the end thereof the following:
       ``(4) The prohibition in subsection (b)(13) of this section 
     applies to ocean transportation intermediaries as defined by 
     section 3(17)(A) of this Act.''.

     SEC. 110. COMPLAINTS, INVESTIGATIONS, REPORTS, AND 
                   REPARATIONS.

       Section 11(g) of the Shipping Act of 1984 (46 U.S.C. App. 
     1710(g)) is amended by--
       (1) striking ``section 10(b)(5) or (7)'' and inserting 
     ``section 10(b)(3) or (6)''; and
       (2) striking ``section 10(b)(6)(A) or (B)'' and inserting 
     ``section 10(b)(4)(A) or (B).''.

     SEC. 111. FOREIGN SHIPPING PRACTICES ACT OF 1988.

       Section 10002 of the Foreign Shipping Practices Act of 1988 
     (46 U.S.C. App. 1710a) is amended by--
       (1) striking `` `non-vessel-operating common carrier', '' 
     in subsection (a)(1) and inserting `` `ocean transportation 
     intermediary', '';
       (2) striking ``forwarding and'' in subsection (a)(4);

[[Page S3195]]

       (3) striking ``non-vessel-operating common carrier'' in 
     subsection (a)(4) and inserting ``ocean transportation 
     intermediary services and'';
       (4) striking ``freight forwarder,'' in subsections (c)(1) 
     and (d)(1) and inserting ``transportation intermediary,'';
       (5) striking ``filed with the Commission,'' in subsection 
     (e)(1)(B) and inserting ``and service contracts,'';
       (6) inserting ``and service contracts'' after ``tariffs'' 
     the second place it appears in subsection (e)(1)(B); and
       (7) striking ``(b)(5)'' each place it appears in subsection 
     (h) and inserting ``(b)(6)''.

     SEC. 112. PENALTIES.

       (a) Section 13(a) of the Shipping Act of 1984 (46 U.S.C. 
     App. 1712(a)) is amended by adding at the end thereof the 
     following: ``The amount of any penalty imposed upon a common 
     carrier under this subsection shall constitute a lien upon 
     the vessels of the common carrier and any such vessel may be 
     libeled therefore in the district court of the United States 
     for the district in which it may be found.''.
       (b) Section 13(b) of the Shipping Act of 1984 (46 U.S.C. 
     App. 1712(b)) is amended by--
       (1) striking ``section 10(b)(1), (2), (3), (4), or (8)'' in 
     paragraph (1) and inserting ``section 10(b)(1), (2), or 
     (7)'';
       (2) by redesignating paragraphs (4), (5), and (6) as 
     paragraphs (5), (6), and (7), respectively;
       (3) inserting before paragraph (5), as redesignated, the 
     following:
       ``(4) If the Commission finds, after notice and an 
     opportunity for a hearing, that a common carrier has failed 
     to supply information ordered to be produced or compelled by 
     subpoena under section 12 of this Act, the Commission may 
     request that the Secretary of the Treasury refuse or revoke 
     any clearance required for a vessel operated by that common 
     carrier. Upon request by the Commission, the Secretary of the 
     Treasury shall, with respect to the vessel concerned, refuse 
     or revoke any clearance required by section 4197 of the 
     Revised Statutes of the United States (46 U.S.C. App. 91).''; 
     and
       (4) striking ``paragraphs (1), (2), and (3)'' in paragraph 
     (6), as redesignated, and inserting ``paragraphs (1), (2), 
     (3), and (4)''.
       (c) Section 13(f)(1) of the Shipping Act of 1984 (46 U.S.C. 
     App. 1712(f)(1)) is amended by--
       (1) striking ``or (b)(4)'' and inserting ``or (b)(2)''; and
       (2), striking ``(b)(1), (4)'' and inserting ``(b)(1), 
     (2)''.

     SEC. 113. REPORTS AND CERTIFICATES.

       Section 15 of the Shipping Act of 1984 (46 U.S.C. App. 
     1714) is amended by--
       (1) striking ``and certificates'' in the section heading;
       (2) striking ``(a) Reports.--'' in the subsection heading 
     for subsection (a); and
       (3) striking subsection (b).

     SEC. 114. EXEMPTIONS.

       Section 16 of the Shipping Act of 1984 (46 U.S.C. App. 
     1715) is amended by striking ``substantially impair effective 
     regulation by the Commission, be unjustly discriminatory, 
     result in a substantial reduction in competition, or be 
     detrimental to commerce.'' and inserting ``result in 
     substantial reduction in competition or be detrimental to 
     commerce.''.

     SEC. 115. AGENCY REPORTS AND ADVISORY COMMISSION.

       Section 18 of the Shipping Act of 1984 (46 U.S.C. App. 
     1717) is repealed.

     SEC. 116. OCEAN FREIGHT FORWARDERS.

       Section 19 of the Shipping Act of 1984 (46 U.S.C. App. 
     1718) is amended by--
       (1) striking ``freight forwarders'' in the section caption 
     and inserting ``transportation intermediaries'';
       (2) striking subsection (a) and inserting the following:
       ``(a) License.--No person in the United States may act as 
     an ocean transportation intermediary unless that person holds 
     a license issued by the Commission. The Commission shall 
     issue an intermediary's license to any person that the 
     Commission determines to be qualified by experience and 
     character to act as an ocean transportation intermediary.'';
       (3) redesignating subsections (b), (c), and (d) as 
     subsections (c), (d), and (e), respectively;
       (4) inserting after subsection (a) the following:
       ``(b) Financial Responsibility.--
       ``(1) No person may act as an ocean transportation 
     intermediary unless that person furnishes a bond, proof of 
     insurance, or other surety in a form and amount determined by 
     the Commission to insure financial responsibility that is 
     issued by a surety company found acceptable by the Secretary 
     of the Treasury.
       ``(2) A bond, insurance, or other surety obtained pursuant 
     to this section--
       ``(A) shall be available to pay any judgment for damages 
     against an ocean transportation intermediary arising from its 
     transportation-related activities described in section 3(17) 
     of this Act, or any order for reparation issued pursuant to 
     section 11 or 14 of this Act, or any penalty assessed 
     pursuant to section 13 of this Act; and
       ``(B) may be available to pay any claim against an ocean 
     transportation intermediary arising from its transportation-
     related activities described in section 3(17) of this Act 
     with the consent of the insured ocean transportation 
     intermediary, or when the claim is deemed valid by the surety 
     company after the ocean transportation intermediary has 
     failed to respond to adequate notice to address the validity 
     of the claim.
       ``(3) An ocean transportation intermediary not domiciled in 
     the United States shall designate a resident agent in the 
     United States for receipt of service of judicial and 
     administrative process, including subpoenas.'';
       (5) striking, each place such term appears--
       (A) ``freight forwarder'' and inserting ``transportation 
     intermediary'';
       (B) ``a forwarder's'' and inserting ``an intermediary's'';
       (C) ``forwarder'' and inserting ``intermediary''; and
       (D) ``forwarding'' and inserting ``intermediary'';
       (6) striking ``a bond in accordance with subsection 
     (a)(2).'' in subsection (c), as redesignated, and inserting 
     ``a bond, proof of insurance, or other surety in accordance 
     with subsection (b)(1).'';
       (7) striking ``Forwarders.--''  in the caption of 
     subsection (e), as redesignated, and inserting 
     ``Intermediaries.--'';
       (8) striking ``intermediary'' the first place it appears in 
     subsection (e)(1), as redesignated and as amended by 
     paragraph (5)(A), and inserting ``intermediary, as defined in 
     section 3(17)(A) of this Act,'';
       (9) striking ``license'' in paragraph (1) of subsection 
     (e), as redesignated, and inserting ``license, if required by 
     subsection (a),'';
       (10) striking paragraph (3) of subsection (e), as 
     redesignated, and redesignating paragraph (4) as paragraph 
     (3); and
       (11) adding at the end of subsection (e), as redesignated, 
     the following:
       ``(4) No conference or group of 2 or more ocean common 
     carriers in the foreign commerce of the United States that is 
     authorized to agree upon the level of compensation paid to an 
     ocean transportation intermediary, as defined in section 
     3(17)(A) of this Act, may--
       ``(A) deny to any member of the conference or group the 
     right, upon notice of not more than 5 calendar days, to take 
     independent action on any level of compensation paid to an 
     ocean transportation intermediary, as so defined; or
       ``(B) agree to limit the payment of compensation to an 
     ocean transportation intermediary, as so defined, to less 
     than 1.25 percent of the aggregate of all rates and charges 
     which are applicable under a tariff and which are assessed 
     against the cargo on which the intermediary services are 
     provided.''.

     SEC. 117. CONTRACTS, AGREEMENTS, AND LICENSES UNDER PRIOR 
                   SHIPPING LEGISLATION.

       Section 20 of the Shipping Act of 1984 (46 U.S.C. App. 
     1719) is amended by--
       (1) striking subsection (d) and inserting the following:
       ``(d) Effects on Certain Agreements and Contracts.--All 
     agreements, contracts, modifications, and exemptions 
     previously issued, approved, or effective under the Shipping 
     Act, 1916, or the Shipping Act of 1984 shall continue in 
     force and effect as if issued or effective under this Act, as 
     amended by the Ocean Shipping Reform Act of 1997, and all new 
     agreements, contracts, and modifications to existing, 
     pending, or new contracts or agreements shall be considered 
     under this Act, as amended by the Ocean Shipping Reform Act 
     of 1997.'';
       (2) inserting the following at the end of subsection (e):
       ``(3) The Ocean Shipping Reform Act of 1997 shall not 
     affect any suit--
       ``(A) filed before the effective date of that Act; or
       ``(B) with respect to claims arising out of conduct engaged 
     in before the effective date of that Act filed within 1 year 
     after the effective date of that Act.
       ``(4) Regulations issued by the Federal Maritime Commission 
     shall remain in force and effect where not inconsistent with 
     this Act, as amended by the Ocean Shipping Reform Act of 
     1997.''.

     SEC. 118. SURETY FOR NON-VESSEL-OPERATING COMMON CARRIERS.

       Section 23 of the Shipping Act of 1984 (46 U.S.C. App. 
     1721) is repealed.

     SEC. 119. REPLACEMENT OF FEDERAL MARITIME COMMISSION WITH 
                   INTERMODAL TRANSPORTATION BOARD.

       (a) In General.--The Shipping Act of 1984 (46 U.S.C. App. 
     1701 et seq.) is amended by--
       (1) striking ``Federal Maritime Commission'' each place it 
     appears, except in sections 7(a)(6) and 20, and inserting 
     ``Intermodal Transportation Board'';
       (2) striking ``Commission'' each place it appears 
     (including chapter and section headings), except in sections 
     7(a)(6) and 20, and inserting ``Board''; and
       (3) striking ``Commission's'' each place it appears and 
     inserting ``Board's''.
       (b) Effective Date.--The amendments made by subsection (a) 
     take effect on January 1, 1999.
 TITLE II--TRANSFER OF FUNCTIONS OF THE FEDERAL MARITIME COMMISSION TO 
                  THE INTERMODAL TRANSPORTATION BOARD

     SEC. 201. TRANSFER TO THE INTERMODAL TRANSPORTATION BOARD.

       (a) Change of Name of Surface Transportation Board to 
     Intermodal Transportation Board.--The Surface Transportation 
     Board shall be known as the Intermodal Transportation Board 
     after December 31, 1998.
       (b) Transfer of Functions, Personnel, and Assets of the 
     Federal Maritime Commission.--
       (1) Functions; powers; duties.--All functions, powers, and 
     duties vested in the Federal Maritime Commission are hereby 
     transferred to and shall be administered by the Intermodal 
     Transportation Board.
       (2) Transfer of Assets and Personnel.--Any personnel, 
     property, or records employed, used, held, available, or to 
     be made available in connection with a function transferred 
     to the Board under paragraph (1) shall be transferred to the 
     Board for use in connection with the function transferred, 
     and unexpended balances of appropriations, allocations, and 
     other funds of the Federal Maritime Commission shall be 
     transferred to the Board. Those unexpended balances, 
     allocations, and other funds, together with any unobligated 
     balances from fees collected by the Commission during fiscal 
     year 1999, may be used to pay for the closedown of

[[Page S3196]]

     the Commission and severance costs for Commisssion personnel, 
     regardless of whether those costs are incurred at the 
     Commission or at the Board.
       (c) Regulations.--No later than January 1, 1998, the 
     Federal Maritime Commission, in consultation with the Surface 
     Transportation Board, shall prescribe final regulations to 
     implement the changes made by this Act.
       (d) Authorization of Appropriations for Fiscal Year 1998.--
     There is authorized to be appropriated to the Federal 
     Maritime Commission, $15,000,000 for fiscal year 1998.
       (e) Commissioners of the Federal Maritime Commission.--
     Effective January 1, 1999, the right of any Federal Maritime 
     Commission commissioner to remain in office is terminated.
       (f) Membership of the Intermodal Transportation Board.--
       (1) Number of members.--Section 701(b)(1) of title 49, 
     United States Code, is amended by--
       (A) striking ``3 members,'' and inserting ``5 members,''; 
     and
       (B) striking ``2 members'' and inserting ``3 members''.
       (2) Initial terms.--Of the 2 additional members of the 
     Intermodal Transportation Board first appointed under section 
     701(b)(1) of title 49, United States Code, as amended by 
     paragraph (1), one shall serve for a term ending December 31, 
     2000, and the other shall serve for a term ending December 
     31, 2002.
       (3) Qualifications.--Section 701(b)(2) of title 49, United 
     States Code, is amended to read as follows:
       ``(2) At any given time, at least 3 members of the Board 
     shall be individuals with professional standing and 
     demonstrated knowledge in the fields of surface or maritime 
     transportation or their regulation, and at least 2 members 
     shall be individuals with professional or business experience 
     (including agriculture, surface or maritime transportation, 
     or marine terminal or port operation) in the private sector. 
     At any given time, at least 2 members of the Board shall be 
     individuals with professional standing and demonstrated 
     knowledge in maritime transportation or its regulation or 
     professional or business experience in maritime 
     transportation or marine terminal or port operation in the 
     private sector, and at least 2 members of the Board shall be 
     individuals with professional standing and demonstrated 
     knowledge in surface transportation or its regulation or 
     professional or business experience in agriculture or surface 
     transportation in the private sector. Neither of the 2 
     individuals appointed as surface transportation members under 
     the preceding sentence, and neither of the 2 individuals 
     appointed as maritime transportation members under that 
     sentence, may be members of the same political party.''.

     SEC. 202. SAVING PROVISIONS.

       (a) Legal Documents.--All orders, determinations, rules, 
     regulations, permits, grants, loans, contracts, agreements, 
     certificates, licenses, and privileges--
       (1) that have been issued, made, granted, or allowed to 
     become effective by the Federal Maritime Commission or the 
     Surface Transportation Board, any officer or employee of the 
     Surface Transportation Board that are in effect on December 
     31, 1998, (or become effective after such date pursuant to 
     their terms as in effect on such effective date), shall 
     continue in effect according to their terms until modified, 
     terminated, superseded, set aside, or revoked in accordance 
     with law by the Intermodal Transportation Board, any other 
     authorized official, a court of competent jurisdiction, or 
     operation of law. .
       (b) Proceedings.-- The provisions of this title shall not 
     affect any proceedings or any application for any license 
     pending before the Federal Maritime Commission or the Surface 
     Transportation Board at the time this Section takes effect, 
     but such proceedings and applications shall be continued 
     before the Intermodal Transportation Board. Orders shall be 
     issued in such proceedings, appeals shall be taken therefrom, 
     and payments shall be made pursuant to such orders, as if 
     this Act had not been enacted; and orders issued in any such 
     proceedings shall continue in effect until modified, 
     terminated, superseded, or revoked by a duly authorized 
     official, by a court of competent jurisdiction, or by 
     operation of law. Nothing in this subsection shall be deemed 
     to prohibit the discontinuance or modification of any such 
     proceeding under the same terms and conditions and to the 
     same extent that such proceeding could have been discontinued 
     or modified if this Act had not been enacted.
       (c) Suits.--(1) This Act shall not affect suits commenced 
     before the date of the enactment of this Act, except as 
     provided in paragraphs (2) and (3). In all such suits, 
     proceeding shall be had, appeals taken, and judgments 
     rendered in the same manner and with the same effect as if 
     this Act had not been enacted.
       (2) Any suit by or against the Federal Maritime Commission 
     or the Surface Transportation Board begun before the 
     effective date of this Act shall be continued with the 
     Intermodal Transportation Board.
       (3) If the court in a suit described in paragraph (1) 
     remands a case to the Board, subsequent proceedings related 
     to such case shall proceed in accordance with applicable law 
     and regulations as in effect at the time of such subsequent 
     proceedings.
       (d) Continuance of Actions Against Officers.--No suit, 
     action, or other proceeding commenced by or against any 
     officer in his official capacity as an officer of the Federal 
     Maritime Commission or the Surface Transportation Board shall 
     abate by reason of the enactment of this Act. No cause of 
     action by or against the Federal Maritime Commission or the 
     Surface Transportation Board, or by or against any officer 
     thereof in his official capacity, shall abate by reason of 
     enactment of this Act.

     SEC. 203. REFERENCES.

       Any reference to the Surface Transportation Board in any 
     other Federal law, Executive order, rule, regulation, or 
     delegation of authority, or any document of or pertaining to 
     the Surface Transportation Board or an officer or employee of 
     the Surface Transportation Board, is deemed to refer to the 
     Intermodal Transportation Board, or a member or employee of 
     the Board, as appropriate.

     SEC. 204. EFFECTIVE DATE.

       This title, and the amendments made by this section shall 
     take effect on January 1, 1999, except as otherwise provided.

        Subtitle B--Conforming Amendments to United States Code

     SEC. 221. TITLE 5 AMENDMENTS.

       (a) Compensation for Positions at Level III.--Section 5314 
     of title 5, United States Code, is amended by striking 
     ``Chairman, Surface Transportation Board.'' and inserting in 
     lieu thereof ``Chairman, Intermodal Transportation Board.''.
       (b) Compensation for Positions at Level IV.--Section 5315 
     of title 5, United States Code, is amended by striking 
     ``Members, Surface Transportation Board.'' and inserting in 
     lieu thereof ``Members, Intermodal Transportation Board.''.

     SEC. 222. TITLE 11 AMENDMENTS.

       Subchapter IV of chapter 11 of title 11, United States 
     Code, is amended--
       (1) by striking section 1162 and inserting in lieu thereof 
     the following:

     ``SEC. 1162. DEFINITION

       ``In this subchapter, `Board' means the `Intermodal 
     Transportation Board'.''; and
       (2) by striking ``Commission'' each place it appears and 
     inserting in lieu thereof ``Board''.

     SEC. 223. TITLE 18 AMENDMENT.

       Section 6001(1) of title 18, United States Code, is amended 
     by striking ``Surface Transportation Board'' and inserting in 
     lieu thereof ``Intermodal Transportation Board''.

     SEC. 224. INTERNAL REVENUE CODE OF 1986 AMENDMENTS.

       (a) Section 3231.--Section 3231(a) of the Internal Revenue 
     Code of 1986 is amended by striking ``Surface Transportation 
     Board'' and inserting in lieu thereof ``Intermodal 
     Transportation Board''.
       (b) Section 7701.--Section 7701(a)(33)(c)(i) of such Code 
     is amended by striking ``Surface Transportation Board'' and 
     inserting in lieu thereof ``Intermodal Transportation 
     Board''.

     SEC. 225. TITLE 28 AMENDMENTS.

       (a) Chapter 85.--Chapter 85 of title 28, United States 
     Code, is amended--
       (1) in the section heading to section 1336 by striking 
     ``Surface Transportation Board's'' and inserting in lieu 
     thereof ``Intermodal Transportation Board's'';
       (2) in section 1336 by striking ``Surface Transportation 
     Board'' each place it appears and inserting in lieu thereof 
     ``Intermodal Transportation Board'';
       (4) in the item relating to section 1336 of the table of 
     sections by striking ``Surface Transportation Board's'' and 
     inserting in lieu thereof ``Intermodal Transportation 
     Board's''.
       (b) Chapter 157 Amendments.--
       (1) In general.-- Chapter 157 of such title is amended--
       (A) by striking ``SURFACE TRANSPORTATION BOARD'' in the 
     chapter heading and inserting in lieu thereof ``INTERMODAL 
     TRANSPORTATION BOARD''; and
       (B) by striking ``Surface Transportation Board'' each place 
     it appears and inserting in lieu thereof ``Intermodal 
     Transportation Board''.
       (2) Table of chapters.-- The item relating to chapter 157 
     in the table of chapters of such title is amended by striking 
     ``Surface Transportation Board'' and inserting in lieu 
     thereof ``Intermodal Transportation Board''.
       (c) Chapter 158 Amendments.--

     SEC. 226. TITLE 31 AMENDMENTS.

       Section 3726(b)(2) of title 31, United States Code, is 
     amended by striking ``Surface'' and inserting ``Intermodal''.

     SEC. 227. TITLE 39 AMENDMENTS.

       Title 39, United States Code, is amended--
       (1) in section 5005(b)(3) by striking ``Surface 
     Transportation Board'' and inserting in lieu thereof 
     ``Intermodal Transportation Board'';
       (2) in section 5201(1) by striking ``Surface'' and 
     inserting ``Intermodal''
       (3) in the section heading to section 5207 by striking 
     ``Surface Transportation Board'' and inserting in lieu 
     thereof ``Intermodal Transportation Board; and
       (4) in the item relating to section 5207 of the table of 
     sections of chapter 52, by striking ``Surface Transportation 
     Board'' and inserting in lieu thereof ``Intermodal 
     Transportation Board''.

     SEC. 228. TITLE 49 AMENDMENTS.

       (a) Chapter 7.--Chapter 7 of title 49, United States Code, 
     is amended by striking ``Surface Transportation Board'' each 
     place it appears, and inserting ``Intermodal Transportation 
     Board''.
       (b) Chapter 221.--Chapter 221 of such title is amended--
       (1) in section 22101(a)(1) by striking ``Surface 
     Transportation Board'' and inserting in lieu thereof 
     ``Intermodal Transportation Board'';
       (2) in section 22103(b)(1) by striking ``Surface 
     Transportation Board'' and inserting in lieu thereof 
     ``Intermodal Transportation Board'';
       (3) in section 22107(c) by striking ``Surface 
     Transportation Board'' and inserting in lieu thereof 
     ``Intermodal Transportation Board''.
       (c) Section 24301.--Section 24301(c)(2)(B) of such title is 
     amended by striking ``Surface'' and inserting ``Intermodal''.
       (d) Subtitle IV of such title is amended by striking 
     ``Surface Transportation Board'' each place it appears and 
     inserting ``Intermodal Transportation Board''.

[[Page S3197]]

                      Subtitle C--Other Amendments

     SEC. 241. AGRICULTURAL ADJUSTMENT ACT OF 1938 AMENDMENTS.

       Section 201 of the Agricultural Adjustment Act of 1938 (7 
     U.S.C. 1291) is amended by striking ``Surface Transportation 
     Board'' each place it appears and inserting in lieu thereof 
     ``Intermodal Transportation Board''.

     SEC. 242. ANIMAL WELFARE ACT AMENDMENT.

       Section 15(a) of the Animal Welfare Act (7 U.S.C. 6145(a)) 
     is amended by striking ``Surface Transportation Board'' and 
     inserting in lieu thereof ``Intermodal Transportation 
     Board''.

     SEC. 243. FEDERAL ELECTION CAMPAIGN ACT OF 1971 AMENDMENTS.

       Section 401 of the Federal Election Campaign Act of 1971 is 
     amended by striking ``Surface'' and inserting ``Intermodal''.

     SEC. 244. FAIR CREDIT REPORTING ACT AMENDMENT.

       Section 621(b)(4) of the Fair Credit Reporting Act (15 
     U.S.C. 1681s(b)(4)) is amended by striking ``Surface'' and 
     inserting ``Intermodal.''

     SEC. 245. EQUAL CREDIT OPPORTUNITY ACT AMENDMENT.

       Section 704(a)(4) of the Equal Credit Opportunity Act (15 
     U.S.C. 1691c(a)(4)) is amended by striking ``Surface'' and 
     inserting ``Intermodal''

     SEC. 246. FAIR DEBT COLLECTION PRACTICES ACT AMENDMENT.

       Section 814(b)(4) of the Fair Debt Collection Practices Act 
     (15 U.S.C. 1692l(b)(4)) is amended by striking ``Surface'' 
     and inserting ``Intermodal''.

     SEC. 247. NATIONAL TRAILS SYSTEM ACT AMENDMENTS.

       Sections 8(d) and 9(b) of the National Trails System Act 
     are each amended by striking ``Surface'' and inserting 
     ``Intermodal''

     SEC. 248. CLAYTON ACT AMENDMENTS.

       Sections 7, 11(a), and 16 of the Clayton Act (15 U.S.C. 18, 
     2l(a), and (22)) is amended

     SEC. 249. ENERGY POLICY ACT OF 1992 AMENDMENTS.

       Subsections (a) and (d) of section 1340 of the Energy 
     Policy Act of 1992 (42 U.S.C. 13369 (a) and (d)) are each 
     amended by striking ``Interstate Commerce Commission'' and 
     inserting in lieu thereof ``Intermodal Transportation 
     Board''.

     SEC. 250. ADDITIONAL MERCHANT MARINE ACT, 1920, AMENDMENTS.

       Sections 8 and 28 of Merchant Marine Act, 1920 (46 U.S.C. 
     App. 867 and 883-1) are each amended by striking ``Surface'' 
     and inserting ``Intermodal''.

     SEC. 251. RAILWAY LABOR ACT AMENDMENTS.

       The first and fifth paragraphs of section 1 of the Railway 
     Labor Act (45 U.S.C. 151) are each amended by striking 
     ``Surface'' and inserting ``Intermodal''.

     SEC. 252. RAILROAD RETIREMENT ACT OF 1974 AMENDMENTS.

       Subsections (a)(1)(i), (a)(2)(ii), and (o) of section 1 of 
     the Railroad Retirement Act of 1974 (45 U.S.C. 231) are each 
     amended by striking ``Surface'' and inserting ``Intermodal''.

     SEC. 253. RAILROAD UNEMPLOYMENT INSURANCE ACT AMENDMENTS.

       Sections 1(a), a(b), and 2(h)(3) of the Railroad 
     Unemployment Insurance Act (45 U.S.C. 351(a), 351(b), and 
     352(h)(3) are each amended by striking ``Surface'' and 
     inserting ``Intermodal''.

     SEC. 254. EMERGENCY RAIL SERVICES ACT OF 1970 AMENDMENTS.

       Section 2(2) of the Emergency Rail Services Act of 1970 (45 
     U.S.C. 661(2)) is amended by striking ``Surface'' and 
     inserting ``Intermodal''.

     SEC. 255. REGIONAL RAIL REORGANIZATION ACT OF 1973 
                   AMENDMENTS.

       Section 713 of the Regional Rail Reorganization Act of 1973 
     is amended by striking ``Surface'' and inserting 
     ``Intermodal''.
       TITLE III--AMENDMENTS TO OTHER SHIPPING AND MARITIME LAWS

     SEC. 301. AMENDMENTS TO SECTION 19 OF THE MERCHANT MARINE 
                   ACT, 1920.

       (a) In General.--Section 19 of the Merchant Marine Act, 
     1920 (46 U.S.C. App. 876) is amended by--
       (1) striking ``Federal Maritime Commission'' each place it 
     appears and inserting ``Intermodal Transportation Board'';
       (2) striking ``forwarding and'' in subsection (1)(b);
       (3) striking ``non-vessel-operating common carrier 
     operations,'' in subsection (1)(b) and inserting ``ocean 
     transportation intermediary services and operations,'';
       (4) striking ``methods or practices'' and inserting 
     ``methods, pricing practices, or other practices'' in 
     subsection (1)(b);
       (5) striking ``tariffs of a common carrier'' in subsection 
     7(d) and inserting ``tariffs and service contracts of a 
     common carrier'';
       (6) striking ``use the tariffs of conferences'' in 
     subsections (7)(d) and (9)(b) and inserting ``use tariffs of 
     conferences and service contracts of agreements'';
       (7) striking ``tariffs filed with the Commission'' in 
     subsection (9)(b) and inserting ``tariffs and service 
     contracts''; and
       (8) striking ``freight forwarder,'' each place it appears 
     and inserting ``transportation intermediary,'';
       (9) striking ``tariff'' each place it appears in subsection 
     (11) and inserting ``tariff or service contract''; and
       (10) striking ``Commission'' each place it appears 
     (including the heading) and inserting ``Board''.
       (b) Stylistic Conformity.--Section 19 of the Merchant 
     Marine Act, 1920 (46 U.S.C. App. 876), as amended by 
     subsection (a), is further amended by--
       (1) redesignating subdivisions (1) through (12) as 
     subsections (a) through (l), respectively;
       (2) redesignating subdivisions (a), (b), and (c) of 
     subsection (a), as redesignated, as paragraphs (1), (2), and 
     (3);
       (3) redesignating subdivisions (a) through (d) of 
     subsection (f), as redesignated, as paragraphs (1) through 
     (4), respectively;
       (4) redesignating subdivisions (a) through (e) of 
     subsection (g), as redesignated, as paragraphs (1) through 
     (5), respectively;
       (5) redesignating clauses (i) and (ii) of subsection 
     (g)(4), as redesignated, as subparagraphs (A) and (B), 
     respectively;
       (6) redesignating subdivisions (a) through (e) of 
     subsection (i), as redesignated, as paragraphs (1) through 
     (5), respectively;
       (7) redesignating subdivisions (a) and (b) of subsection 
     (j), as redesignated, as paragraphs (1) and (2), 
     respectively;
       (8) striking ``subdivision (c) of paragraph (1)'' in 
     subsection (c), as redesignated, and inserting ``subsection 
     (a)(3)'';
       (9) striking ``paragraph (2)'' in subsection (c), as 
     redesignated, and inserting ``subsection (b)'';
        striking ``paragraph (1)(b)'' each place it appears and 
     inserting ``subsection (a)(2)'';
       (10) striking ``subdivision (b),'' in subsection (g)(4), as 
     redesignated, and inserting ``paragraph (2),'';
       (11) striking ``paragraph (9)(d)'' in subsection (j)(1), as 
     redesignated, and inserting ``subsection (i)(4)''; and
       (12) striking ``paragraph (7)(d) or (9)(b)'' in subsection 
     (k), as redesignated, and inserting ``subsection (g)(4) or 
     (i)(2)''.
       (c) Special Effective Date.--The amendments made by this 
     section take effect on the date of enactment of this Act, 
     except that the amendments made by paragraphs (1) and (10) of 
     subsection (a), take effect on January 1, 1999.

     SEC. 302. TECHNICAL CORRECTIONS.

       (a) Public Law 89-777.--Sections 2 and 3 of the Act of 
     November 6, 1966, (46 U.S.C. App. 817d and 817e) are amended 
     by--
       (1) striking ``Federal Maritime Commission'' each place it 
     appears and inserting ``Intermodal Transportation Board'';
       (2) striking ``Commission'' each place it appears and 
     inserting ``Board''; and
       (3) striking ``they in their discretion'' each place it 
     appears and inserting ``it in its discretion''.
       (b) Title 28, United States Code, and Cross Reference.--
       (1) Section 2341 of title 28, United States Code, is 
     amended by--
       (A) striking ``the Federal Maritime Commission,'' in 
     paragraph (3)(A); and
       (B) striking ``Surface'' in paragraph (3)(E) and inserting 
     ``Intermodal''.
       (2) Section 2342 of such title is amended by--
       (A) striking paragraph (3) and inserting the following:
       ``(3) all rules, regulations, or final orders of the 
     Secretary of Transportation issued pursuant to section 2, 9, 
     37, 41, or 43 of the Shipping Act, 1916 (46 U.S.C. App. 802, 
     803, 808, 835, 839, or 841a) or pursuant to part B or C of 
     subtitle IV of title 49 (49 U.S.C. 13101 et seq. or 15101 et 
     seq.);''; and
       (B) striking paragraph (5) and inserting the following:
       ``(5) all rules, regulations, or final orders of the 
     Intermodal Transportation Board--
       ``(A) made reviewable by section 2321 of this title; or
       ``(B) pursuant to--
       ``(i) section 19 of the Merchant Marine Act, 1920 (46 
     U.S.C. App. 876);
       ``(ii) section 14 or 17 of the Shipping Act of 1984 (46 
     U.S.C. App. 1713 or 1716); or
       ``(iii) section 2(d) or 3(d) of the Act of November 6, 1966 
     (46 U.S.C. App. 817d(d) or 817e(d));''.
       (c) Foreign Shipping Practices Act of 1988.--Section 
     10002(i) of the Foreign Shipping Practices Act of 1988 (46 
     U.S.C. 1710a(i)) is amended by striking ``2342(3)(B)'' and 
     inserting ``2342(5)(B)''.
       (d) Tariff Act of 1930.--Section 641(i) of the Tariff Act 
     of 1930 (19 U.S.C. 1641) is repealed.
       (e) Effective Dates.--
       (1) The amendments made by subsections (a), (b), and (c) 
     take effect January 1, 1999.
       (2) The repeal made by subsection (d) takes effect March 1, 
     1998.
                  TITLE IV--MERCHANT MARINER BENEFITS.

      SEC. 401. MERCHANT MARINER BENEFITS.

       (a) Benefits.--Part G of subtitle II, title 46, United 
     States Code, is amended by adding at the end the following 
     new chapter:

``CHAPTER 112--MERCHANT MARINER BENEFITS
``Sec.
``11201. Qualified service.
``11202. Documentation of qualified service.
``11203. Eligibility for certain veterans' benefits.
``11204. Processing fees.

     ``Sec.  11201. QUALIFIED SERVICE

       ``For purposes of this chapter, a person engaged in 
     qualified service if, between August 16, 1945, and December 
     31, 1946, the person--
       ``(1) was a member of the United States merchant marine 
     (including the Army Transport Service and the Naval 
     Transportation Service) serving as a crewmember of a vessel 
     that was--
       ``(A) operated by the War Shipping Administration or the 
     Office of Defense Transportation (or an agent of the 
     Administration or Office);
       ``(B) operated in waters other than inland waters, the 
     Great Lakes, other lakes, bays, and harbors of the United 
     States;
       ``(C) under contract or charter to, or property of, the 
     Government of the United States; and
       ``(D) serving the Armed Forces; and
       ``(2) while so serving, was licensed or otherwise 
     documented for service as a crewmember of such a vessel by an 
     officer or employee of the United States authorized to 
     license or document the person for such service.

[[Page S3198]]

     ``Sec.  11202. DOCUMENTATION OF QUALIFIED SERVICE

       ``(a) Record of Service.--The Secretary shall, upon 
     application--
       ``(1) issue a certificate of honorable discharge to a 
     person who, as determined by the Secretary, engaged in 
     qualified service of a nature and duration that warrants 
     issuance of the certificate; and
       ``(2) correct, or request the appropriate official of the 
     Federal government to correct, the service records of the 
     person to the extent necessary to reflect the qualified 
     service and the issuance of the certificate of honorable 
     discharge.
       ``(b) Timing of Documentation.--The Secretary shall take 
     action on an application under subsection (a) not later than 
     one year after the Secretary receives the application.
       ``(c) Standards Relating to Service.--In making a 
     determination under subsection (a)(1), the Secretary shall 
     apply the same standards relating to the nature and duration 
     of service that apply to the issuance of honorable discharges 
     under section 401(a)(1)(b) of the GI Bill Improvement Act of 
     1977 (38 U.S.C. 106 note).
       ``(d) Correction of Records.--An official of the Federal 
     government who is requested to correct service records under 
     subsection (a)(2) shall do so.

     ``Sec.  11203. ELIGIBILITY FOR CERTAIN VETERANS' BENEFITS

       ``(a) Eligibility.--
       ``(1) In general.--The qualified service of an individual 
     referred to in paragraph (2) is deemed to be active duty in 
     the armed forces during a period of war for purposes of 
     eligibility for benefits under chapters 23 and 24 of title 
     38.
       ``(2) Covered individuals.--Paragraph (1) applies to an 
     individual who--
       ``(A) receives an honorable discharge certificate under 
     section 11202 of this title; and
       ``(B) is not eligible under any other provision of law for 
     benefits under laws administered by the Secretary of Veterans 
     Affairs.
       ``(b) Reimbursement for Benefits Provided.--The Secretary 
     shall reimburse the Secretary of Veterans Affairs for the 
     value of benefits that the Secretary of Veterans Affairs 
     provides for an individual by reason of eligibility under 
     this section.
       ``(c) Prospective Applicability.--An individual is not 
     entitled to receive, and may not receive, benefits under this 
     chapter for any period before the date of enactment of this 
     chapter.

     ``Sec.  11204. PROCESSING FEES

       ``(a) Collection of Fees.--The Secretary shall collect a 
     fee of $30 from each applicant for processing an application 
     submitted under section 11202(a) of this title.
       ``(b) Treatment of Fees Collected.--Amounts received by the 
     Secretary under this section shall be credited to 
     appropriations available to the secretary for carrying out 
     this chapter.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of subtitle II of title 46, United States Code, is 
     amended by inserting after the item relating to chapter 111 
     the following:

``112. Merchant mariner benefits.............11201''.
            TITLE V--CERTAIN LOAN GUARANTEES AND COMMITMENTS

     SEC. 501. CERTAIN LOAN GUARANTEES AND COMMITMENTS.

       The Secretary of Transportation may not issue a guarantee 
     or commitment to guarantee a loan for the construction, 
     reconstruction, or reconditioning of a vessel under the 
     authority of title XI of the Merchant Marine Act, 1936 (46 
     U.S.C. App. 1271 et seq.) unless the Commissioner of the 
     Federal Maritime Commission certifies that the operator of 
     such vessel--
       (1) has not been found by the Commission to have violated 
     section 19 of the Merchant Marine Act, 1920 (46 U.S.C. App. 
     876), or the Foreign Shipping Practices Act of 1988 (46 
     U.S.C. App. 1701a), within the previous 5 years;
       (2) is not currently under investigation by the Commission 
     concerning the suspected violation of section 19 of the 
     Merchant Marine Act, 1920 (46 U.S.C. App. 876), the Shipping 
     Act of 1984 (46 U.S.C. App. 1701 et seq.), or the Foreign 
     Shipping Practices Act of 1988 (46 U.S.C. App. 1701a);
       (1) has not been found by the Commission to have committed 
     a violation of the Shipping Act of 1984 (46 U.S.C. App. 1701 
     et seq.), which involves unjust or unfair discriminatory 
     treatment or undue or unreasonable prejudice or disadvantage 
     with respect to a United States shipper, ocean transportation 
     intermediary, ocean common carrier, or port; and
       (4) is not currently under investigation by the Commission 
     concerning the suspected violation of the Shipping Act of 
     1984 (46 U.S.C. App. 1701 et seq.) which involves unjust or 
     unfair discriminatory treatment or undue or unreasonable 
     prejudice or disadvantage with respect to a United States 
     shipper, ocean transportation intermediary, ocean common 
     carrier, or port.
       Amend the title so as to read ``A Bill to amend the 
     Shipping Act of 1984 to encourage competition in 
     international shipping and growth of United States exports, 
     and for other purposes.

  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that there be 
a total of 10 minutes of debate on the bill, equally divided, between 
the chairman and ranking member or their designees, that there be an 
additional 60 minutes for debate on the Gorton amendment, equally 
divided between the proponents and the opponents. I further ask 
unanimous consent that following the expiration or yielding back of 
time, the Senate proceed to lay aside the Gorton amendment and a vote 
occur on or in relation to the Gorton amendment at a time to be 
determined by the majority leader, after notification of the Democratic 
leader, on Tuesday, April 21, to be preceded by 20 minutes for closing 
remarks equally divided on Tuesday, to be followed by adoption of the 
substitute amendment, and that the bill then be read a third time and 
passed, with no intervening action or debate. I finally ask unanimous 
consent that if the Gorton amendment is adopted, this consent be 
considered void and the bill be open to further amendment and debate.
  Mr. GORTON. Reserving the right to object, I simply would like a 
clarification that the 20 minutes, after the recess is over, is 20 
minutes on the Gorton amendment, is it not?
  Mrs. HUTCHISON. Yes.
  Mr. GORTON. I have no objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1689

(Purpose: To amend the Shipping Act of 1984 to encourage competition in 
  international shipping and growth of United States exports, and for 
                            other purposes)

  Mrs. HUTCHISON. Mr. President, I ask that the substitute at the desk, 
amendment No. 1689, be considered.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Texas [Mrs. Hutchison], for herself, Mr. 
     Lott and Mr. Breaux, proposes an amendment numbered 1689.

  Mrs. HUTCHISON. I ask unanimous consent that reading of the amendment 
be dispensed with and I be recognized to speak on the bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  The PRESIDING OFFICER. The Senator from Texas.
  Mrs. HUTCHISON. Mr. President, American ports and carriers and 
shippers are disadvantaged by current laws that require all contracts 
to be public. To avoid publication, U.S. ports are bypassed when 
possible and the U.S. carriers lose business. U.S. exporters, unlike 
their foreign competitors, must reveal their ocean transportation 
costs, permitting the foreign competition to undercut them. Recent 
economic problems in Asia will increase pressure in those countries to 
increase their exports. S. 414 will be even more important if our 
shippers meet the heightened competitive challenge. S. 414 attempts to 
level the playing field between U.S. companies which export and their 
foreign competitors.
  This bill will encourage greater competition among carriers. It will 
provide American exporters and importers with greater choice in 
obtaining ocean transportation services and promote more ocean shipping 
activity for our carriers and our ports.
  In providing our shippers with this important reform, we have still 
attempted to preserve antidiscrimination provisions in current law and 
the elements of our current ``transparent'' system that protect our 
ports, smaller shippers, and U.S. workers. This bill balances the need 
to have enough transparency to assure fair pricing with contract 
privacy.
  Ninety-five percent of U.S. foreign commerce is transported via ocean 
shipping. Half of this trade which is carried by container liner 
vessels with scheduled service is regulated under the Shipping Act of 
1984 and would be affected by these reforms. This legislation 
represents an important opportunity to ease the hand of regulation on a 
significant sector of commerce.
  This bill represents the first major reform of this critical industry 
in a decade and the most significant change to the underlying statute 
since 1984. Its completion complements the free trade revolution that 
has occurred during this same period and will allow American businesses 
and consumers to take advantage of the global increase in trade, both 
imports and exports.

  Mr. President, I am proud to have worked on this bill with the 
distinguished Majority Leader Lott and colleagues from both sides of 
the aisle to advance this important legislation. I really appreciate 
the leadership of the ranking member of the full Commerce Committee, 
Senator Hollings, as well as certainly the ranking member of the 
Surface Transportation and Merchant Marine Subcommittee, Senator 
Inouye, and my colleague from Louisiana, Senator Breaux, and the 
chairman of the committee, Senator McCain.

[[Page S3199]]

  I would also like to acknowledge the concerns of my colleague from 
Washington, Senator Gorton. I am aware of the outstanding issue that he 
will soon address with his amendment. I understand the merits of his 
amendment. I have sympathy for it. However, I will have to vote against 
it and urge my colleagues to do likewise because its adoption at this 
time will jeopardize the progress of this bill.
  I would like to outline the key points of the legislation. Here are 
the highlights of the floor amendment that I have introduced.
  We provide shippers and common carriers greater choice and 
flexibility in entering into contractual relationships for ocean 
transportation and intermodal services. To this end, the most 
significant improvements are:
  No. 1, that we strengthen the right of individual members of ocean 
carrier groups to negotiate and enter into service contracts with one 
or more shippers, independent of the carrier group. This means that 
individual carriers will be better able to customize their services 
without the interference of the carrier conferences.
  No. 2, we clarify the rights of groups of ocean common carriers to 
jointly negotiate inland transportation rates and services consistent 
with antitrust statutes and FMC approval. This means that carriers will 
be able to incorporate electronic commerce, logistics and other 
services that add value to the customer's contract.
  No. 3, we continue to require a form of tariff publication. However, 
it is much more flexible than the current tariff filings. Tariffs 
become effective upon publication through a private system, such as on 
the carriers' World Wide Web pages, not a governmental publication. 
Also tariff changes do not require Government approval. This puts the 
maritime industry on a similar footing as other transportation 
industries which we have deregulated in recent years, providing 
carriers with greater flexibility.
  The measure protects U.S. exporters from disclosure to their foreign 
competitors of certain proprietary business information through their 
contractual relationships with common carriers by allowing 
confidentiality of certain service contract terms. As I have mentioned 
earlier, our competitors can and do contract ocean shipping 
transportation confidentially, and our shippers never know what their 
competitors are paying for transportation. However, U.S. shippers' 
ocean transportation costs are an open book, and foreign competitors 
use the information to undercut our exporters whenever possible. Our 
ports suffer, too. Shippers who conveniently can, will ship out of 
foreign ports in nearby Canada or Mexico to avoid this penalty.
  Our shippers say they want more flexibility in dealing with their 
ocean carriers and the ability to go outside the traditional tariff 
system and conference structure. We have provided this needed 
confidentiality, but balanced it with protections for ports and U.S. 
dockworkers who seek information on the movement of commodities to 
protect their competitive position.
  Additionally, this measure relaxes some of the restrictions on 
individual carriers relating to practices or preferences in dealing 
with exporters, but maintains them with regard to the concerted 
activity of two or more carriers.
  Finally, the reported bill would have combined the functions of the 
Federal Maritime Commission and the Service Transportation Board into a 
single agency. This floor amendment retains these separate agencies and 
functions in their current form.
  Thus, the overall thrust of this entire bill--with the amendment that 
I am offering--is to generate more competition for shippers of all 
sizes in the ocean transportation sector and to make this important 
transportation link to their overseas markets more affordable and 
sensitive to their individual needs.
  This is a bill that should help our ports get more business, which 
means more jobs in America. It should level the playing field for our 
U.S. carriers while protecting the rights of shippers and dock workers 
and other union personnel. It is very important that we have tried to 
balance this.
  Is the bill perfect? No. There are things I would like to have seen 
different. We have had to compromise to a degree. But I do think we 
have done a good job of working with all the interests here and 
allowing our carriers, shippers and ports to compete, which means jobs 
for Americans.
  That is the purpose of this bill. I believe we have done it in the 
best way we could, balancing all of the competing interests. I urge my 
colleagues to support it.
  I yield the floor.
  The PRESIDING OFFICER. The Chair recognizes the Senator from 
Washington.


                Amendment No. 2287 to Amendment No. 1689

     (Purpose: To provide rules for the application of the Act to 
                            intermediaries)

  Mr. GORTON. I send an amendment to the desk and ask for its immediate 
consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Washington, [Mr. Gorton], proposes an 
     amendment numbered 2287 to amendment numbered 1689.

  Mr. GORTON. I ask unanimous consent reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:
       On page 5, line 10, strike ``ocean''.
       On page 5, line 15, strike ``ocean''.
       On page 11, line 16, strike ``ocean''.
       On page 12, line 8, strike ``ocean''.

  Mr. GORTON. Mr. President, with the exception of the single paragraph 
toward the beginning of the eloquent statement by the Senator from 
Texas, I agree, literally, with every word of her remarks. In fact, I 
think, as I will show to you, that single paragraph with which I 
disagree is totally inconsistent with the remarks of the Senator from 
Texas. Let me tell you why.
  For my first 3 years in the U.S. Senate, 1981-1984, I held hearings, 
drafted, worked on, discussed, and ultimately sponsored and passed the 
Shipping Act of 1984. Fifteen years ago, I probably could have recited 
it from memory. I was at that time the chairman of the subcommittee of 
the Commerce Committee now chaired by my esteemed friend, the Senator 
from Texas. The goal of the Shipping Act of 1984 was to breathe fresh 
air, competition, and deregulation into the worldwide system of ocean 
carriage of goods, at least as that carriage affected the United 
States. It was an industry controlled by cartels and monopolies far 
less interested in those whom it served than in those who provided the 
service--most particularly, many foreign-flagged merchant marines.
  I am certain when I introduced that bill for debate I made the same 
remarks the Senator from Texas has just made--that it was not perfect, 
that it did not create a purely competitive market, but that it 
represented a major step forward in allowing the fresh air of 
competition to breathe on the ocean carriage of goods. And now building 
on that 1984 act, the Senator from Texas has brought us a further 
proposal which opens up, still wider, the field of ocean carriage of 
goods to competition. It is in that respect a fine bill.
  What the bill does is say that shippers can make agreements with 
ocean carriers in the same fashion that almost all contracts in the 
private sector can be made in the United States without having to 
follow the specific monetary requirements of filed tariffs, but simply 
as private contracts in which the shipper could get the best possible 
deal that it can negotiate and the carrier can get as high a price for 
that carriage as it can negotiate. This is the heart of the free market 
system. It is a precisely proper philosophy for the carriage of goods 
by sea. The bill also allows the ocean carriers to get together with 
land carriers so that you can get one price for shipping your goods 
from, say, in your case, Mr. President, Cheyenne, WY, to Yokohama, 
Japan, also a major step forward.
  One thing, however, it does not do, and that is what my amendment is 
all about. If you are a major manufacturer, a huge shipper, capable of 
filling an entire vessel with a single shipment of your goods, or at 
least so large a container that you can effectively deal directly with 
the ocean carrier, you get the advantage of this competitive system. 
You can make the best deal you can wring out of that ocean carrier.
  But if you are the kind of shipper or seller that I suspect is more 
common in a rural State like Wyoming, and you

[[Page S3200]]

are shipping only a modest amount of goods, you have very little 
leverage with the ocean carrier. You probably don't even know very much 
about how to engage in that business. So you hire an intermediary, 
usually in one of America's ports, a customs broker, or a freight 
consolidator, to do it for you. These intermediaries, almost without 
exception, are small business people. That intermediary gets together a 
bunch of shipments from small shippers and it makes the contract with 
the ocean carrier. In other words, small business people hire other 
small business people to consolidate their shipments so they can have 
advantages equal to those of the big businesses and the big shippers.
  At the present time, under the 1984 law the same rules as to 
published tariffs and the degree of competition or lack of competition 
apply to the big shipper and the small shipper.
  And I may say that when the Senator from Texas wrote this bill, she 
provided the same advantages to the small shipper and the intermediary 
as she did to the big shipper. Obviously, there should not be 
discrimination between those two groups. And that is the way the bill 
was reported from the Commerce Committee--more competition, more 
ability to negotiate. You didn't have to tell your competitors what you 
were paying. Everybody benefited.
  Oh, but, Mr. President, what happen then? Well, then, the big 
longshore unions objected. The International Longshoremen's Association 
and the International Longshoremen's and Warehouseman's Union don't 
like these little guys because sometimes the little guys don't use the 
longshore unions to put these shipments together. So the longshoremen's 
unions go to the majority leader and the Senator from Texas and say: We 
are not going to let this bill pass unless you help us drive these 
little people out of business and say that we will give all of these 
new competitive advantages to the big boys, who automatically use the 
longshore unions, but we are not going to give the benefits of 
competition to the little people, to that small shipper from Cheyenne, 
WY; we are not going to give them to that freight intermediary in 
Seattle, WA, or in Newark, NJ. Oh, no. They still have to publish their 
rates. They still can't enter into long term contracts and make the 
best possible deal.
  So not only are you depriving the small shippers and transportation 
intermediaries of an advantage of a free market, you are telling them 
they are in a terribly unfavored competitive situation as against the 
ocean carriers themselves. You are forcing the small shipper in 
Cheyenne, if he can possibly do so, to go directly to the ocean 
carrier.
  What kind of deal do you expect he is going to get under those 
circumstances? He doesn't know anything about these transactions and he 
doesn't have any expert working for him. He will pay far more than his 
large competitor will for the carriage of his goods. Or, of course, he 
could still go to the intermediary, but the intermediary can't get as 
good a deal for him as the large shipper can get.
  You listened to the unanimous consent that preceded this debate, Mr. 
President, and you may have questioned the end of it. The end of it 
states that if I win, the ball game is over. If my amendment is 
adopted, most of the members of the party that claims to be for the 
little guy will kill the bill, and they will kill it because the little 
guy gets equal advantages with the big guy. That is what the unanimous 
consent is all about.
  Mr. President, it is no more complicated and no less complicated than 
just that. If we are willing to put our votes where our mouths are when 
we go home and talk about the virtues of small businesses, if we are 
willing to carry out the kind of pledges we make in our election 
campaigns and treat people equally, if we are willing to say that if a 
competitive market is good for the large, it is good for the small, we 
will vote for the Gorton amendment and see whether or not the people on 
the other side dare kill a procompetitive bill just because it doesn't 
add to the monopoly of two unions at the expense of small businesses 
all across the United States of America.
  Mr. President, I ask that you and other Members of this body consider 
this matter in the 2\1/2\ weeks we are going to be away, and see 
whether or not we don't want to treat people fairly and not ratify an 
agreement that was made behind closed doors, with the ocean carriers 
present and the big shippers present and the unions present, but the 
small business people told: Get lost; we are not going to listen to you 
while we make this deal.
  That is the wrong way to reach an agreement, and it is the wrong way 
to pass legislation. We can correct it by passing this amendment.
  Mr. BREAUX. Mr. President, I rise in opposition to the Gorton 
amendment, which would give non-vessel-operating common carriers, or 
NVOs, the right to offer service contracts to shippers--that is, the 
importers and exporters--just as do vessel-operating ocean common 
carriers. NVOs do not own or operate vessels. They are middlemen, who 
act as carriers in relation to their shipper customers, and who then 
act as shippers when they offer those cargoes to vessel-operating 
carriers for transport. NVOs were first legislatively recognized as a 
legal entity in the 1984 Shipping Act, in recognition that NVOs can 
provide specialized attention and service to small shippers whose 
minimal cargo volumes are not always worth the time and attention of 
large vessel-operating carriers. No other nation has legally recognized 
the concept of non-vessel-owner-common carriers.
  Originally, NVOs consolidated the cargoes of several shippers into a 
container and then took advantage of the full container rates offered 
by ocean carriers. There are thousands of NVOs doing business in the 
United States, all of whom are required to file their rates, to adhere 
to their rates, and to be bonded to establish their financial 
responsibility to their customers. It should be noted that S. 414 will 
reduce the cost of tariff filing by eliminating the requirement that 
the federal government collect and disseminate tariff information, and 
would replace this system with a requirement that tariff information be 
publicly available through a private sector resource, such as the 
internet or other private sector information system provider.
  This system has been working well for 14 years. There is no reason to 
change it. Small shippers--with only the occasional box or two of cargo 
to be transported--have come to depend on NVOs for the care and 
personal attention that a larger carrier cannot offer. But some NVOs 
have grown immeasurably in size, primarily those that are based in 
Europe, and are now competing directly for cargo with the major U.S. 
and foreign shipping lines. It is precisely these NVOs who are not 
satisfied with their current status, and insist that despite the fact 
that they have none of the expenses attendant to actually operating 
vessels, want to be treated like a vessel-operating common carrier in 
every respect. They want to offer service contracts to shippers and 
groups of shippers who can afford to promise large volumes of cargo in 
return for more favorable rates.
  It is not fair to the vessel-operating common carriers serving our 
trades, with their huge capital investments, that they be put on par 
with entities taking advantage of the fiction of current law calling 
them carriers. And it is especially not fair that the small ``mom and 
pop'' NVOs, who are not in a position to compete with some of the NVO 
giants that have emerged, may be swallowed up by them if the larger 
ones are allowed to offer service contracts. Small NVOs, by virtue of 
the modest cargoes they handle, will not be able to take advantage of 
the Gorton amendment; only the mega-companies will. America's small 
businesses do not deserve this treatment. This amendment is not about 
protecting the interests of small business, it is actually about 
treating large multinational forwarding companies the same way that we 
would ocean carriers. The end result would be to provide a disincentive 
to actually own and operate ships. Why actually own and operate ships 
if you could function in the same fashion as an ocean carrier without 
actually having to own or control any of the transportion functions or 
liabilities.
  Moreover, S. 414, as revised by the Hutchison, Lott, Breaux 
amendment, represents a delicately crafted compromise reflecting the 
interests of all sectors of the shipping industry, including vessel- 
and non-vessel-operating common carriers, as well as shipper, 
forwarder, port and labor interests. The resulting documents cannot

[[Page S3201]]

be altered in a piecemeal fashion without upsetting that balance. No 
one in this compromise got exactly and completely what was wanted; 
everyone won a little and lost a little. That's what a compromise is.
  I urge my colleagues to vote against destroying several years of hard 
work to come up with a fair and viable revision of our shipping laws. I 
would like to thank my colleagues, Senators Hutchison, Lott and Gorton 
for all of the work that they have put into this measure, and I urge 
you to vote against the Gorton amendment.
  Mrs. HUTCHISON addressed the Chair.
  The PRESIDING OFFICER (Mr. Gorton). The Chair recognizes the Senator 
from Texas.
  Mrs. HUTCHISON. Mr. President, I think the Senator from Washington 
has made a very eloquent statement, and I am very glad that we agree on 
99 percent of this bill and that we agree that this is a very important 
improvement for the whole shipping and carrier industry which will 
promote more business for U.S. ports.
  I do not take issue with anything Senator Gorton has said, except to 
say that in the balancing of competing interests, it is very difficult 
to have acceptance by all. And I can truthfully say that no one who is 
affected in this shipping industry is completely happy with this bill--
no one--not the unions, not the shippers, not the carriers, and not the 
non-vessel-operating common carriers of which Senator Gorton spoke. But 
in the main, the balance is better for all of these than in the present 
law.
  This bill has some advantages above current law for these non-vessel-
operating common carriers. They can take advantage of the tariff 
reforms. They will be able to privately publish tariffs, and they don't 
need to file them with the Federal Maritime Commission. These NVOs, as 
shippers, can have confidential contracts with carriers, helping them 
compete against each other. They will be able to benefit, of course, 
from the more competitive atmosphere among carriers when purchasing 
space, and they have the current protections against discrimination 
against them by cartels maintained in this bill.
  So while they are not completely happy with this bill--and I 
certainly understand their concerns--there are important pro-
competitive reforms they will benefit from.
  I would point out that the other entities affected by this bill are 
also not completely happy with it. But they too, recognize it as a 
compromise that contains positive reforms. I think all would say that 
having this legislation does open competition, it does bring business 
to U.S. carriers, the competition will bring lower prices to shippers, 
and our ports will get the business.
  That is good for everyone above and beyond the law as it stands 
today.
  I hope, when we vote on Senator Gorton's amendment, people will 
understand this balancing, that they will opt in favor of the Hutchison 
amendment to S. 414 unamended by the Gorton amendment and then let us 
keep working on this issue, which I think certainly the non-vessel-
operating common carriers are entitled to and which I pledge I will do 
and try to get a bill that is a balance, that creates more jobs and 
more business for America. That should be our goal, and I believe it 
is. Let us just get there.
  I thank the Chair.
  Now, according to the unanimous consent agreement, I will yield back 
the time from the majority side. The minority side has agreed to also 
yield back time. If Senator Gorton does not wish to have further 
debate, then I will yield the floor and the unanimous consent agreement 
is in effect.
  Mr. GORTON addressed the Chair.
  The PRESIDING OFFICER (Mr. DeWine). The Senator from Washington.
  Mr. GORTON. I thank the Senator from Texas. We are about finished 
with debate on this amendment, and it is the appropriate course of 
action for both of us to yield back our time. I will maybe take 2 
minutes on it and then relieve the Chair for my assignment there, and 
we can go on to something else.
  Mr. President, I appreciate the courteous response of the Senator 
from Texas to my remarks. Again I have to say that she and I agree 
profoundly on the goals of this legislation. I am proud that she has 
been able to build on what I started a decade and a half ago. She has 
worked as hard and almost as long on this bill as I did on the 1984 act 
itself. It certainly can be said they go in precisely the same 
direction--more competition, better service, and a higher degree of 
competitiveness on the part of American business in that portion of the 
world's merchant marine, including the U.S. flag merchant marine that 
operates out of the United States. She is certainly right when she says 
many of the current rules disadvantage American businesses and cause 
some shipments to go to Canada or Mexico that might otherwise come 
directly here.
  The amendment that I have proposed, of course, moves another major 
step in that direction. It is, as I emphasized, exactly what the 
Senator from Texas wanted when she wrote the bill in the committee and 
was forced to retreat from by these large interests, particularly the 
maritime unions. But it does disadvantage one group. If you have a 
semicompetitive system and all American businesses, large and small, 
operate under the same rules, that is one thing. If you have a system 
that says the big boys get to operate under much less restrictive 
rules, do not have to publish their fares and their tariffs, can enter 
into any kind of agreements they want, but the little guys cannot, they 
are still subject to those old rules, you have created a fundamentally 
unfair situation. When that unfairness is directed at small shippers 
and small freight consolidaters, the difference, the discrimination, is 
particularly egregious.
  I agree with the Senator from Texas. However it ends up, this is not 
the final form of the bill; it has not passed the House of 
Representatives yet. But, Mr. President, you and my colleagues should 
not fool yourselves to think if we do not adopt this fairness 
amendment, this small business amendment now, it is somehow going to 
come back in later. I think if we do adopt it now, we have a far 
greater opportunity to see to it that this bill is not only 
procompetition and deregulatory but fair; that all the people, all the 
groups in America who deserve that fairness, the small businesses, 
about whom we talk so much on every one of our trips home, do deserve 
an equal opportunity to compete.
  That is all this amendment is about. It allows the little guys to 
contract the way the big guys contract. Often we will make a policy 
that says the little people will have an advantage over the big ones 
because the big ones have the advantage of their bigness. Rarely do we 
say, as we are asked to here, that we will give the big guys an 
advantage and deprive their small competitors of that advantage. Equal 
the playing field. If competition is good for the large shippers, it is 
good for the small shippers. If it is good for the large carriers, it 
is good for the small carriers. That is what this amendment is all 
about.

  With that, I will yield the remainder of my time.
  Mrs. HUTCHISON. Mr. President, I think Senator Gorton has made a very 
good statement. I think we will be able to work together for our common 
goal.
  I yield back the remainder of my time.
  Mr. GORTON. Mr. President, I ask for the yeas and nays on the 
amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. GORTON. It is my understanding, Mr. President, that this vote 
will not take place before April 21.
  Mrs. HUTCHISON. That is correct.
  The PRESIDING OFFICER. If all time is yielded back, under the 
previous order, S. 414 will be laid aside until Tuesday, April 21, to 
be considered at a time to be determined by the majority leader.
  Mrs. HUTCHISON. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Gorton). The clerk will call the roll.
  Mr. DeWINE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Under the previous order, the Senator from Ohio is recognized to 
speak for up to 1 hour.
  Mr. DeWINE. Mr. President, I ask unanimous consent at this time to 
extend that to 75 minutes.

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  The PRESIDING OFFICER. Without objection, it is so ordered.

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