[Congressional Record Volume 144, Number 136 (Friday, October 2, 1998)]
[Senate]
[Pages S11359-S11360]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       OCEAN SHIPPING REFORM ACT

 Mr. BREAUX. Mr. President, last night, after several years of 
effort, the Senate passed S. 414, the Ocean Shipping Reform Act, and I 
strongly urge the President to sign this important piece of legislation 
into law.
  The Ocean Shipping Reform Act of 1998 modifies our existing shipping 
regulatory scheme by bringing it up to date with the industry as it 
operates today. It provides more flexibility for carriers and shippers 
to agree on transportation arrangements. It authorizes the privatized 
publication of rate information. It gives individual carrier conference 
members more leeway in taking independent actions and in entering 
service contracts, and thus makes the current system more competitive.
  Yet the bill also preserves the basic system and principles of common 
carriage, and maintains protections for ocean transportation users 
against unfair or unreasonable actions by transportation providers. 
Importantly, S. 414 preserves the Federal Maritime Commission as an 
independent regulatory agency, which is vitally important as that 
agency enforces this program while it additionally ensures that our 
trades remain free from restrictive foreign shipping practices that 
impede our oceanborne foreign commerce.
  The reason this bill was so long in coming is that the Senate took 
great care to make the legislative process an open one. I was critical 
of shipping legislation passed in the other body three years ago, 
because it did not reflect the diversity of concerns reflected in the 
broad spectrum of shipping interests. It was, as I noted at a Commerce 
Committee hearing, ``conceived in darkness.'' By contrast, the 
legislation ultimately agreed to by both the House and Senate is truly 
a compromise, in which all industry interests were heard from and all 
sectors had input. No one got everything they wanted in this 
legislation, and no one's interests were completely disregarded. This 
legislation is a carefully crafted balance of the many interests at 
stake. When it was necessary, members of all segments sat down and 
negotiated a compromise. Not everyone is completely pleased with all 
aspects of the legislation, but it is incumbent upon us to move 
forward.
  I would also like to take this opportunity to thank a number of 
members of both the House and Senate for their efforts on this bill 
including; Congressmen Shuster, Oberstar, Gilchrest

[[Page S11360]]

and Clement in the House, and Senators McCain and Hollings, the 
Subcommittee Chairwoman Senator Hutchison and of course, Senator Lott 
in the Senate. I would also like to thank Jim Sartucci of Senator 
McCain's staff and my counsel, Carl Bentzel, for their long hours of 
hard work and industry constituent service as they pieced this bill 
together. Without the efforts of Senate staffers, Amy Henderson, Jeanne 
Bumpus and Carl Biersack, and Mark Ashby of my staff, and House 
staffers John Cullather and Rebecca Dye we would not have been able to 
move this bill. I would also commend the FMC for its objective 
assessments and contributions to this project, particularly FMC 
Chairman Hal Creel, General Counsel Tom Panebianco and Legislative 
Counsel Dave Miles. When we needed expertise, they provided us with 
help.
  I am particularly pleased that the Federal Maritime Commission will 
continue its mission as a nonpartisan, independent agency. The 
Commission, under Chairman Hal Creel, and with fellow Commissioners 
Ming Hsu, Joe Scroggins and Del Won, has done an excellent job 
administering our shipping laws in a firm but even-handed manner. I 
urge the FMC to keep up the good work, and to keep Congress informed of 
how the new legislation is working. I am particularly interested in 
whether the protections afforded the smaller shippers and 
intermediaries against unreasonable practices prove to be sufficient. 
To this end, I ask that the FMC pay particular attention to these 
parties' concerns about the new law and advise us of any recommended 
amendments to the legislation that may prove to be in order.
  Again, I encourage the President to sign the Ocean Shipping Reform 
Act of 1998 into law.

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