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[DOCID: f:h1253ih.txt]






107th CONGRESS
  1st Session
                                H. R. 1253

  To amend the Shipping Act of 1984 to restore the application of the 
  antitrust laws to certain agreements and conduct to which such Act 
                                applies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 27, 2001

     Mr. Sensenbrenner (for himself, Mr. Hyde, and Mr. Hutchinson) 
 introduced the following bill; which was referred to the Committee on 
 the Judiciary, and in addition to the Committee on Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Shipping Act of 1984 to restore the application of the 
  antitrust laws to certain agreements and conduct to which such Act 
                                applies.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Free Market Antitrust Immunity 
Reform (FAIR) Act of 2001''.

SEC. 2. AMENDMENTS.

    Section 7(a) of the Shipping Act of 1984 (46 U.S.C. App. 1706(a)) 
is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``entered into only among marine 
                terminal operators with respect to an activity 
                described in section 4(b)'' after ``agreement'',
                    (B) by striking ``section 5(d) or'', and
                    (C) by adding ``and'' at the end,
            (2) in paragraph (2)--
                    (A) by striking ``or agreement'' and inserting ``, 
                assessment agreement, or agreement of the kind 
                described in paragraph (1) that is'', and
                    (B) by striking the semicolon at the end and 
                inserting a period, and
            (3) by striking paragraphs (3), (4), (5), and (6).

SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this Act 
and the amendments made by this Act shall take effect 1 year after the 
date of the enactment of this Act.
    (b) Application of Amendments.--The amendments made by this Act 
shall not apply with respect to conduct occurring before the effective 
date of this Act.
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