I
103D CONGRESS
1ST SESSION
H. R. 3103
To amend the Merchant Marine Act, 1936, to establish a National Commis-
sion to Ensure a Strong and Competitive United States Maritime
Industry.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 21, 1993
Mr. LIPINSKI (for himself, Mr. STUDDS, Mr. FIELDS of Texas, Mr. BATEMAN,
Mr. HUGHES, Mr. HUTTO, Mr. TAUZIN, Mr. ORTIZ, Mr. MANTON, Mr.
PICKETT, Mr. HOCHBRUECKNER, Mr. PALLONE, Mr. REED, Ms.
SCHENK, Mr. GENE GREEN of Texas, Mr. BARLOW, Mr. STUPAK, Mr.
ACKERMAN, Mr. YOUNG of Alaska, Ms. FURSE, Mr. INHOFE, Mr. DIAZ-
BALART, Mrs. BENTLEY, Mr. TORKILDSEN, and Mr. CUNNINGHAM) in-
troduced the following bill; which was referred to the Committee on Mer-
chant Marine and Fisheries
A BILL
To amend the Merchant Marine Act, 1936, to establish a
National Commission to Ensure a Strong and Competi-
tive United States Maritime Industry.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Maritime Competitive-
ness Commission Act of 1993’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Since early in our Nation’s history, it has
been the policy of the United States to maintain a
strong United States maritime industry that—
(A) includes an operating fleet of modern
United States-flag vessels that is sufficient to
carry the domestic waterborne commerce of the
United States and a substantial portion of the
waterborne export and import foreign commerce
of the United States, and to provide shipping
service essential for maintaining the flow of
such domestic and foreign waterborne com-
merce at all times;
(B) includes a fleet of vessels under United
States registry that is adequate to serve as a
naval auxiliary in time of war or national emer-
gency;
(C) has a labor force composed of highly
trained and efficient United States citizens; and
(D) includes a United States shipbuilding
industry with the most modern and efficient fa-
cilities.
(2) The United States maritime industry has
declined to the point that this longstanding national
policy is imperiled.
(3) There is a growing sentiment in favor of re-
forming the maritime laws and governmental prac-
tices in order to revitalize the industry.
(4) Without such reform, it is foreseeable that
the remaining United States-flag carriers will shift
their operations to foreign-flag vessels and the Na-
tion’s shipbuilding industry and other sectors of the
maritime industry will continue to decline.
(5) A focused review of the United States mari-
time industry and impediments to its success should
be undertaken in order to lay a solid foundation for
reform.
SEC. 3. AMENDMENT TO MERCHANT MARINE ACT, 1936.
The Merchant Marine Act, 1936 (46 App. U.S.C.
1101 et seq.), is amended by adding at the end the follow-
ing new title:
‘‘TITLE XIV—NATIONAL COMMISSION ON MARITIME INDUS-
TRY COMPETITIVENESS
‘‘SEC. 1401. ESTABLISHMENT.
‘‘There is established a commission to be known as
the ‘National Commission to Ensure a Strong and Com-
petitive United States Maritime Industry’ (hereinafter re-
ferred to as the ‘Commission’).
‘‘SEC. 1402. FUNCTIONS.
‘‘(a) INVESTIGATION AND STUDY.—The Commission
shall make a complete investigation and study of the con-
dition of the United States maritime industry, and impedi-
ments to a strong and competitive United States maritime
industry.
‘‘(b) POLICY RECOMMENDATIONS.—Based on the re-
sults of the investigation and study to be conducted under
subsection (a), the Commission shall recommend to the
President and Congress those policies which should be
adopted to—
‘‘(1) achieve the national goal of a strong and
competitive United States maritime industry which
will help to provide for the national defense and eco-
nomic security;
‘‘(2) revitalize the fleet of United States-flag
vessels and maintain that fleet at a level sufficient
to contribute to the national defense and the eco-
nomic security of the Nation;
‘‘(3) foster a viable United States shipbuilding
industry to provide an industrial base for meeting
present and future military and civilian shipbuilding
needs; and
‘‘(4) reduce the loss of seafaring and shipbuild-
ing jobs for United States citizens so as to ensure
the existence of a reliable maritime labor force.
‘‘SEC. 1403. SPECIFIC MATTERS TO BE ADDRESSED.
‘‘The Commission shall specifically investigate and
study under section 1402(a) the following:
‘‘(1) CURRENT CONDITION OF UNITED STATES
MARITIME INDUSTRY.—The current condition of the
United States maritime industry, including how the
condition of the industry is likely to change over the
next ten years.
‘‘(2) NATIONAL
DEFENSE.—The adequacy of
the United States maritime industry to ensure the
national defense.
‘‘(3) MARITIME LABOR.—Whether there is an
adequate number of skilled mariners and shipyard
workers, the level of training of United States mari-
ners at training facilities in the United States, and
the effect of wage rates on the global competitive-
ness of the United States maritime industry.
‘‘(4) IMPEDIMENTS
TO
A
STRONG
AND
COM-
PETITIVE MARITIME INDUSTRY.—Whether the Fed-
eral Government should take any legislative or ad-
ministrative actions to improve the condition of the
United States maritime industry, including whether
any changes are needed in the legal and administra-
tive policies which govern—
‘‘(A) support for United States-flag vessel
operations;
‘‘(B) the taxes and user fees imposed on
United States maritime enterprises;
‘‘(C) the regulatory requirements imposed
on United States-flag vessels and their opera-
tors, including environmental, vessel construc-
tion, and safety standards; and
‘‘(D) incentives to encourage investment in
United States-flag vessel operations and United
States shipbuilding.
‘‘(5) INTERNATIONAL
MARITIME
POLICY.—
Whether the policies and strategies followed by the
United States in international maritime policy are
promoting the ability of the United States maritime
industry to achieve long-term competitive success in
international markets, including—
‘‘(A) the Government’s general negotiating
policy;
‘‘(B) the desirability of multilateral rather
than bilateral negotiations;
‘‘(C) the rights granted foreign investors to
invest in United States-flag shipping and Unit-
ed States shipbuilding; and
‘‘(D) the effect of subsidies and other fi-
nancial assistance by foreign governments to
their vessel operators and shipbuilders.
‘‘SEC. 1404. MEMBERSHIP; ADMINISTRATIVE MATTERS.
‘‘(a) APPOINTMENT.—The Commission shall be com-
posed of 15 voting members and 11 nonvoting members
as follows:
‘‘(1) 5 voting members and 1 nonvoting mem-
ber appointed by the President.
‘‘(2) 3 voting members and 3 nonvoting mem-
bers appointed by the majority leader of the Senate.
‘‘(3) 2 voting members and 2 nonvoting mem-
bers appointed by the minority leader of the Senate.
‘‘(4) 3 voting members and 3 nonvoting mem-
bers appointed by the Speaker of the House of Rep-
resentatives.
‘‘(5) 2 voting members and 2 nonvoting mem-
bers appointed by the minority leader of the House
of Representatives.
‘‘(b) QUALIFICATIONS.—Voting members appointed
pursuant to subsection (a) shall be appointed from among
individuals who are experts in commercial shipping, inter-
national trade, and related disciplines and who can rep-
resent United States-flag vessel operators (including do-
mestic passenger vessel operators), seafaring and ship-
building labor, shipbuilders, shippers, and the financial
community with expertise in maritime matters.
‘‘(c) TERMS
OF OFFICE.—Members shall be ap-
pointed for the life of the Commission.
‘‘(d) VACANCIES.—A vacancy in the Commission
shall be filled in the manner in which the original appoint-
ment was made.
‘‘(e) TRAVEL EXPENSES.—Members shall serve with-
out pay but shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with subchapter
I of chapter 57 of title 5, United States Code.
‘‘(f) CHAIRMAN.—The President, in consultation with
the majority leader of the Senate and the Speaker of the
House of Representatives, shall designate the Chairman
of the Commission from among its voting members.
‘‘(g) COMMISSION PANELS.—The Chairman shall es-
tablish such panels consisting of voting members of the
Commission as the Chairman determines appropriate to
carry out the functions of the Commission.
‘‘(h) STAFF.—The Commission may appoint and fix
the pay of such personnel as it considers appropriate.
‘‘(i) STAFF OF FEDERAL AGENCIES.—Upon request
of the Commission, the head of any department or agency
of the United States may detail, on a reimbursable basis,
any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under
this title.
‘‘(j) ADMINISTRATIVE SUPPORT SERVICES.—Upon
request of the Commission, the Administrator of General
Services shall provide to the Commission, on a reimburs-
able basis, the administrative support services necessary
for the Commission to carry out its duties under this title.
‘‘(k) STAFF AND OTHER SUPPORT.—Upon the re-
quest of the Commission or a panel of the Commission,
the Secretary of Transportation shall provide the Commis-
sion or panel with staff and other support to assist the
Commission or panel in carrying out its responsibilities.
‘‘(l) OBTAINING OFFICIAL DATA.—The Commission
may secure directly from any department or agency of the
United States information (other than information re-
quired by any statute of the United States to be kept con-
fidential by such department or agency) necessary for the
Commission to carry out its duties under this title. Upon
request of the Commission, the head of that department
or agency shall furnish such nonconfidential information
to the Commission.
‘‘SEC. 1405. REPORT.
‘‘Not later than sixty days after the date on which
the initial appointments of members to the Commission
are completed, the Commission shall transmit to the Presi-
dent and Congress a report on the activities of the Com-
mission, including recommendations made by the Commis-
sion under section 1402(b).
‘‘SEC. 1406. TERMINATION.
‘‘The Commission shall terminate on the 30th day
after the date of transmittal of the report under section
1405.’’.