I 
115TH CONGRESS 
1ST SESSION H. R. 2593 
To authorize appropriations for the Federal Maritime Commission for fiscal 
years 2018 and 2019, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 23, 2017 
Mr. HUNTER (for himself, Mr. GARAMENDI, Mr. SHUSTER, and Mr. DEFA-
ZIO) introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure 
A BILL 
To authorize appropriations for the Federal Maritime Com-
mission for fiscal years 2018 and 2019, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Federal Maritime Commission Authorization Act of 
2017’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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TITLE I—FEDERAL MARITIME COMMISSION 
Sec. 101. Authorization. 
Sec. 102. Port services. 
Sec. 103. Information. 
Sec. 104. Ocean transportation intermediaries. 
Sec. 105. Interrelated agreements. 
TITLE II—OTHER MATTERS 
Sec. 201. Fishing safety grants. 
Sec. 202. Assistance for small shipyards. 
Sec. 203. Treatment of fishing permits. 
Sec. 204. Centers of excellence. 
TITLE I—FEDERAL MARITIME 
COMMISSION 
SEC. 101. AUTHORIZATION. 
Section 308 of title 46, United States Code, is 
amended by striking ‘‘$24,700,000 for each of fiscal years 
2016 and 2017’’ and inserting ‘‘$28,012,310 for fiscal 
year 2018 and $28,544,543 for fiscal year 2019’’. 
SEC. 102. PORT SERVICES. 
(a) DEFINITIONS.—Section 40102 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(26) PORT SERVICES.—The term ‘port serv-
ices’ means intermediary services provided to an 
ocean carrier at a United States port to facilitate 
vessels operated by such a carrier to operate and 
load and unload cargo at such port, including tow-
age, cargo handling, and bunkering.’’. 
(b) CONCERTED ACTION.—Section 41105 of title 46, 
United States Code, is amended— 
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(1) in paragraph (7) by striking ‘‘or’’ at the 
end; 
(2) in paragraph (8) by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(9) negotiate with a provider of port services 
on any matter relating to rates or services provided 
within the United States by such provider, unless 
advance notice is provided to the Federal Maritime 
Commission of the intent and need for the negotia-
tion, the negotiation and any resulting agreement 
are not in violation of the antitrust laws and are 
consistent with the purposes of this part, and, as de-
termined by the Commission, the negotiation and 
any resulting agreement will not substantially lessen 
competition in the purchasing of port services pro-
vided at United States ports (this paragraph does 
not prohibit the setting and publishing of a joint 
through rate by a conference, joint venture, or asso-
ciation of common carriers).’’. 
(c) INJUNCTIVE RELIEF SOUGHT BY THE COMMIS-
SION.—Section 41307(b) of title 46, United States Code, 
is amended— 
(1) in paragraph (1) by striking ‘‘produce an 
unreasonable reduction in transportation service or 
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an unreasonable increase in transportation cost’’ and 
inserting ‘‘produce an unreasonable reduction in 
transportation service, produce an unreasonable in-
crease in transportation cost, or substantially lessen 
competition in the purchasing of port services’’; and 
(2) by adding at the end the following: 
‘‘(4) COMPETITION FACTORS.—In making a de-
termination under this subsection, the Commission 
may consider any relevant competition factors in af-
fected markets, including, without limitation, the 
competitive effect of agreements other than the 
agreement under review.’’. 
SEC. 103. INFORMATION. 
(a) REPORTS FILED WITH THE COMMISSION.—Sec-
tion 40104(a) of title 46, United States Code, is amend-
ed— 
(1) by inserting ‘‘, marine terminal operator, or 
ocean transportation intermediary,’’ after ‘‘common 
carrier’’; 
(2) by inserting ‘‘, operator, or intermediary,’’ 
after ‘‘employee of the carrier’’; and 
(3) by inserting ‘‘, operator, or intermediary’’ 
after ‘‘business of the carrier’’. 
(b) COMMISSION ACTION.—Section 40304 of title 46, 
United States Code, is amended— 
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(1) in subsection (a) by inserting ‘‘, and inter-
ested persons may submit relevant information and 
documents to the Commission’’ after ‘‘publication’’; 
and 
(2) in subsection (d) by striking ‘‘to make the 
determinations required by this section’’. 
SEC. 104. OCEAN TRANSPORTATION INTERMEDIARIES. 
(a) LICENSE REQUIREMENT.—Section 40901(a) of 
title 46, United States Code, is amended by inserting ‘‘ad-
vertise, hold oneself out, or’’ after ‘‘may not’’. 
(b) FINANCIAL RESPONSIBILITY.—Section 40902(a) 
of title 46, United States Code, is amended by inserting 
‘‘advertise, hold oneself out, or’’ after ‘‘may not’’. 
(c) COMMON CARRIERS.—Section 41104(11) of title 
46, United States Code, is amended by striking ‘‘a tariff 
as required by section 40501 of this title and’’. 
SEC. 105. INTERRELATED AGREEMENTS. 
(a) COMMON CARRIERS.—Section 41104 of title 46, 
United States Code, is amended— 
(1) in paragraph (11) by striking ‘‘or’’ at the 
end; 
(2) in paragraph (12) by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
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‘‘(13) participate in a rate discussion agreement 
and a vessel sharing agreement, slot sharing agree-
ment, space sharing agreement, or similar agree-
ment for use of vessels by two or more ocean com-
mon carriers, unless the Commission has granted 
the parties an exemption pursuant to section 
40103.’’. 
(b) APPLICABILITY.—Participants in an agreement 
in effect on the date of enactment of this Act and prohib-
ited as a result of the amendment made in subsection (a) 
shall have 1 year from such date of enactment to— 
(1) obtain an exemption from the application of 
section 41104(13) of title 46, United States Code, 
pursuant to section 40103 of such title; or 
(2) withdraw from the agreement as necessary 
to comply with such section 41104(13). 
TITLE II—OTHER MATTERS 
SEC. 201. FISHING SAFETY GRANTS. 
Section 4502 of title 46, United States Code, is 
amended— 
(1) in subsections (i) and (j), by striking ‘‘Sec-
retary’’ each place it appears and inserting ‘‘Sec-
retary of Commerce’’; 
(2) in subsection (i)(3), by striking ‘‘75’’ and 
inserting ‘‘50’’; 
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(3) 
in 
subsection 
(i)(4), 
by 
striking 
‘‘$3,000,000 for each of fiscal years 2015 through 
2017’’ and inserting ‘‘$3,000,000 for each of fiscal 
years 2018 through 2019’’; 
(4) in subsection (j)(3), by striking ‘‘75’’ and 
inserting ‘‘50’’; and 
(5) 
in 
subsection 
(j)(4), 
by 
striking 
‘‘$3,000,000 for each fiscal years 2015 through 
2017’’ and inserting ‘‘$3,000,000 for each of fiscal 
years 2018 through 2019’’. 
SEC. 202. ASSISTANCE FOR SMALL SHIPYARDS. 
(a) IN GENERAL.—Section 54101 of title 46, United 
States Code, is amended— 
(1) in the section heading, by striking ‘‘and 
maritime communities’’; 
(2) in subsection (a)(2), by striking ‘‘in commu-
nities’’ and all that follows through the period and 
inserting ‘‘relating to shipbuilding, ship repair, and 
associated industries.’’; 
(3) in subsection (b), by amending paragraph 
(1) to read as follows: 
‘‘(1) consider projects that foster— 
‘‘(A) efficiency, competitive operations, and 
quality ship construction, repair, and reconfig-
uration; and 
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 541 of title 46, United States Code, is amended by 
striking the item relating to section 54101 and inserting 
the following: 
‘‘54101. Assistance for small shipyards.’’. 
SEC. 203. TREATMENT OF FISHING PERMITS. 
(a) IN GENERAL.—Subchapter I of chapter 313 of 
title 46, United States Code, is amended by adding at the 
end the following: 
‘‘§ 31310. Treatment of fishing permits 
‘‘(a) LIMITATION ON MARITIME LIENS.—This chap-
ter— 
‘‘(1) does not establish a maritime lien on a 
fishing permit; and 
‘‘(2) does not authorize any civil action to en-
force a maritime lien on a fishing permit. 
‘‘(b) TREATMENT
OF FISHING PERMITS UNDER 
STATE AND FEDERAL LAW.—A fishing permit— 
‘‘(1) is governed solely by the State or Federal 
law under which it is issued; and 
‘‘(2) shall not be treated as part of a vessel, or 
as an appurtenance or intangible of a vessel, for any 
purpose under Federal law. 
‘‘(c) AUTHORITY OF SECRETARY OF COMMERCE NOT 
AFFECTED.—Nothing in this section shall be construed as 
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imposing any limitation upon the authority of the Sec-
retary of Commerce— 
‘‘(1) to modify, suspend, revoke, or impose a 
sanction on any fishing permit issued by the Sec-
retary of Commerce; or 
‘‘(2) to bring a civil action to enforce such a 
modification, suspension, revocation, or sanction. 
‘‘(d) FISHING PERMIT DEFINED.—In this section the 
term ‘fishing permit’ means any authorization of a person 
or vessel to engage in fishing that is issued under State 
or Federal law.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 31309 the following: 
‘‘31310. Treatment of fishing permits.’’. 
SEC. 204. CENTERS OF EXCELLENCE. 
(a) IN GENERAL.—Chapter 541 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 54102. Centers of excellence for domestic maritime 
work force training and education 
‘‘(a) DESIGNATION.—The Secretary of Transpor-
tation may designate as a center of excellence for domestic 
maritime work force training and education a covered 
training entity located in a State that borders on the— 
‘‘(1) Gulf of Mexico; 
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‘‘(2) Atlantic Ocean; 
‘‘(3) Long Island Sound; 
‘‘(4) Pacific Ocean; 
‘‘(5) Great Lakes; or 
‘‘(6) Mississippi River System. 
‘‘(b) ASSISTANCE.—The Secretary may enter into a 
cooperative agreement (as that term is used in section 
6305 of title 31) with a center of excellence designated 
under subsection (a) to support maritime workforce train-
ing and education at the center of excellence, including 
efforts of the center of excellence to— 
‘‘(1) admit additional students; 
‘‘(2) recruit and train faculty; 
‘‘(3) expand facilities; 
‘‘(4) create new maritime career pathways; or 
‘‘(5) award students credit for prior experience, 
including military service. 
‘‘(c) COVERED TRAINING ENTITY DEFINED.—In this 
section, the term ‘covered training entity’ means an entity 
that is— 
‘‘(1) a community or technical college; or 
‘‘(2) a maritime training center— 
‘‘(A) operated by, or under the supervision 
of, a State; and 
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‘‘(B) with a maritime training program in 
operation on the date of enactment of this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 541 of title 46, United States Code, is amended by 
inserting after the item relating to section 54101 the fol-
lowing: 
‘‘54102. Centers of excellence for domestic maritime work force training and 
education.’’. 
Æ 
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