Union Calendar No. 393

103D CONGRESS

2D SESSION H. R. 4391

[Report No. 103–716]

A BILL

Maritime Commission for fiscal year 1995.

To authorize appropriations for the Federal

SEPTEMBER 12, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 393

103D CONGRESS

2D SESSION H. R. 4391

[Report No. 103–716]

To authorize appropriations for the Federal Maritime Commission for fiscal

year 1995.

IN THE HOUSE OF REPRESENTATIVES

MAY 11, 1994

Mr. LIPINSKI (for himself, Mr. STUDDS, Mr. FIELDS of Texas, and Mr. BATEMAN) introduced the following bill; which was referred to the Committee

on Merchant Marine and Fisheries

SEPTEMBER 12, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To authorize appropriations for the Federal Maritime

Commission for fiscal year 1995.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Maritime

5 Commission Authorization Act for fiscal year 1995’’.
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1 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated to the Federal

3 Maritime Commission, $18,900,000 for fiscal year 1995.

4 SECTION 1. SHORT TITLE.

5 This Act may be cited as the ‘‘Federal Maritime Com6 mission Authorization Act for Fiscal Year 1995’’.

7 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

8 There is authorized to be appropriated to the Federal

9 Maritime Commission, $18,900,000 for fiscal year 1995.

10 SEC. 3. INDEPENDENT ACTION.

11 Section 5(b) of the Shipping Act of 1984 (46 U.S.C.

12 App. 1704(b)) is amended by striking paragraph (8) and

13 inserting the following:

14 ‘‘(8) provide that—

15 ‘‘(A) any member of the conference may

16 take independent action on any rate, service

17 item, or level of ocean freight forwarder com18 pensation required to be filed in a tariff under

19 section 8(a) upon not more than 10 calendar

20 days notice to the conference; and

21 ‘‘(B) the conference will include the new

22 rate, service item, or level of ocean freight for23 warder compensation in its tariff for use by that

24 member, effective no later than 10 calendar days

25 after receipt of the notice, and by any other

26 member that notifies the conference that it elects
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1 to adopt the independent rate, service item, or

2 level of ocean freight forwarder compensation on

3 or after its effective date, in lieu of the existing

4 conference tariff provision for that rate, service

5 item, or level of ocean freight forwarder com6 pensation.’’.

7 SEC. 4. PROHIBITION ON DENYING COMPENSATION.

8 Section 10(c) of the Shipping Act of 1984 (46 U.S.C.

9 App. 1709(c)), is amended by striking paragraph (5) and

10 inserting the following:

11 ‘‘(5) deny in the export foreign commerce of the

12 United States compensation to an ocean freight for13 warder, or limit that compensation to less than 1.25

14 percent of the aggregate of all of the rates and charges

15 applicable under the tariff assessed against the cargo

16 on which the forwarding services are provided; or’’.