PUBLIC LAW 104-239—OCT. 8, 1996 110 STAT. 3139 (B) by striking "50 percent" and inserting "25 percent"; and (2) by striking subparagraph (B) and inserting the following new subparagraphs: "(B) In carrying out this paragraph, there shall first be calculated the allocation of 100 percent of the quantity to be procured on an oversdl lowest landed cost basis without regard to the country of documentation of the vessel and there shall be allocated to the Great Lakes port range any cargoes for which it has the lowest landed cost under that cedculation. The requirements for United States-flag transportation under section 901(b) and this section shall not apply to commodities allocated under subparagraph (A) to the Great Lakes port range, and commodities allocated under subparagraph (A) to that port range may not be reallocated or diverted to another port range to meet those requirements to the extent that the total tonnage of commodities to which subparagraph (A) applies that is furnished and transported from the Great Lakes port range is less than 25 percent of the total annual tonnage of such commodities furnished. "(C) In awarding any contract for the transportation by vessel of commodities from the Great Lakes port range pursuant to an export activity referred to in subsection (b), each agency or instrumentality— "(i) shall consider expressions of freight interest for any vessel from a vessel operator who meets reasonable requirements for financial and operational integrity; and "(ii) may not deny award of the contract to a person based on the type of vessel on which the transportation would be provided (including on the basis that the trsmsportation would not be provided on a Hner vessel (as that term is used in the Shipping Act of 1984, as in effect on November 14, 1995)), if the person otherwise satisfies reasonable requirements for financial and operational integrity.". (b) CONFORMING AMENDMENTS. —(1) Paragraph (4) of section 46 USC app. 90 lb(c) of that Act is repealed. I24lf. (2) Paragraph (5) of that section is redesignated as paragraph (4). Approved October 8, 1996. LEGISLATIVE HISTORY—H.R. 1350 (S. 1139): HOUSE REPORTS: No. 104-229 (Comm. on National Security). SENATE REPORTS: No. 104-167 accompanying S. 1139 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: Vol. 141 (1995): Dec. 6, considered and passed House. Vol. 142 (1996): Sept. 19, 20, 24, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): Oct. 8, Presidential statement. 29-194O-96 -3:QL3Part6
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