IB 
Union Calendar No. 796 
115TH CONGRESS 
2D SESSION 
H. R. 2593 
[Report No. 115–1017] 
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 
NOVEMBER 13, 2018 
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] 
[For text of introduced bill, see copy of bill as introduced on May 23, 2017] 
VerDate Sep 11 2014 
21:08 Nov 13, 2018
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H2593.RH
H2593
pamtmann on DSKBFK8HB2PROD with BILLS
A BILL 
To authorize appropriations for the Federal Maritime Com-
mission for fiscal years 2018 and 2019, and for other 
purposes. 
VerDate Sep 11 2014 
21:08 Nov 13, 2018
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H2593.RH
H2593
pamtmann on DSKBFK8HB2PROD with BILLS
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. 
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 following: 
VerDate Sep 11 2014 
21:08 Nov 13, 2018
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H2593.RH
H2593
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(26) PORT SERVICES.—The term ‘port services’ 
means intermediary services provided to an ocean 
carrier at a United States port to facilitate vessels op-
erated by such a carrier to operate and load and un-
load cargo at such port, including towage, cargo han-
dling, and bunkering.’’. 
(b) CONCERTED ACTION.—Section 41105 of title 46, 
United States Code, is amended— 
(1) in paragraph (7) by striking ‘‘or’’ at the end; 
(2) in paragraph (8) by striking the period at 
the end and inserting ‘‘;’’; and 
(3) by adding at the end the following: 
‘‘(9) negotiate with a provider of port services, 
other than a provider of towing vessel 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 Commis-
sion of the intent and need for the negotiation, the ne-
gotiation and any resulting agreement are not in vio-
lation of the antitrust laws and are consistent with 
the purposes of this part, and, as determined by the 
Commission, the negotiation and any resulting agree-
ment will not substantially lessen competition in the 
purchasing of port services provided at United States 
ports (this paragraph does not prohibit the setting 
VerDate Sep 11 2014 
21:08 Nov 13, 2018
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H2593.RH
H2593
pamtmann on DSKBFK8HB2PROD with BILLS
and publishing of a joint through rate by a con-
ference, joint venture, or association of common car-
riers); or 
‘‘(10) negotiate with a provider of towing vessel 
services on any matter relating to rates or services 
provided within the United States by towing vessels.’’. 
(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 
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 agree-
ment under review.’’. 
VerDate Sep 11 2014 
21:08 Nov 13, 2018
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H2593.RH
H2593
pamtmann on DSKBFK8HB2PROD with BILLS
SEC. 103. INFORMATION. 
(a) REPORTS FILED WITH THE COMMISSION.—Sec-
tion 40104(a) of title 46, United States Code, is amended— 
(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— 
(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 de-
terminations 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 ‘‘ad-
vertise, hold oneself out, or’’ after ‘‘may not’’. 
VerDate Sep 11 2014 
21:08 Nov 13, 2018
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H2593.RH
H2593
pamtmann on DSKBFK8HB2PROD with BILLS
(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: 
‘‘(13) participate in a rate discussion agreement 
and a vessel sharing agreement, slot sharing agree-
ment, space sharing agreement, or similar agreement 
for use of vessels by two or more ocean common car-
riers, 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 prohibited 
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 
VerDate Sep 11 2014 
21:08 Nov 13, 2018
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H2593.RH
H2593
pamtmann on DSKBFK8HB2PROD with BILLS
(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 amend-
ed— 
(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 in-
serting ‘‘50’’; 
(3) in subsection (i)(4), by striking ‘‘$3,000,000 
for each of fiscal years 2015 through 2017’’ and in-
serting ‘‘$3,000,000 for each of fiscal years 2018 
through 2019’’; 
(4) in subsection (j)(3), by striking ‘‘75’’ and in-
serting ‘‘50’’; and 
(5) in subsection (j)(4), by striking ‘‘$3,000,000 
for each fiscal years 2015 through 2017’’ and insert-
ing ‘‘$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— 
VerDate Sep 11 2014 
21:08 Nov 13, 2018
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H2593.RH
H2593
pamtmann on DSKBFK8HB2PROD with BILLS
(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 in-
serting ‘‘relating to shipbuilding, ship repair, and as-
sociated 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 
‘‘(B) employee skills and enhanced produc-
tivity related to shipbuilding, ship repair, and 
associated industries; and’’; 
(4) in subsection (c)(1)— 
(A) by inserting ‘‘to’’ after ‘‘may be used’’; 
and 
(B) by striking subparagraphs (A), (B), 
and (C) and inserting the following: 
‘‘(A) make capital and related improve-
ments in small shipyards; and 
‘‘(B) provide training for workers in ship-
building, ship repair, and associated indus-
tries.’’; 
VerDate Sep 11 2014 
21:08 Nov 13, 2018
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H2593.RH
H2593
pamtmann on DSKBFK8HB2PROD with BILLS
(5) in subsection (d), by striking ‘‘unless’’ and 
all that follows before the period; 
(6) in subsection (e)— 
(A) by striking paragraph (2); 
(B) by redesignating paragraph (3) as 
paragraph (2); and 
(C) in paragraph (1) by striking ‘‘Except 
as provided in paragraph (2),’’; and 
(7) in subsection (i), by striking ‘‘2015’’ and all 
that follows before the period and inserting ‘‘2018 and 
2019 to carry out this section $30,000,000’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
541 of title 46, United States Code, is amended by striking 
the item relating to section 54101 and inserting the fol-
lowing: 
‘‘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 fish-
ing permit; and 
VerDate Sep 11 2014 
21:08 Nov 13, 2018
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H2593.RH
H2593
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(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 
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.’’. 
VerDate Sep 11 2014 
21:08 Nov 13, 2018
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6213
E:\BILLS\H2593.RH
H2593
pamtmann on DSKBFK8HB2PROD with BILLS
SEC. 204. CENTERS OF EXCELLENCE. 
(a) IN GENERAL.—Chapter 541 of title 46, United 
States Code, is amended by adding at the end the following: 
‘‘§ 54102. Centers of excellence for domestic maritime 
workforce training and education 
‘‘(a) DESIGNATION.—The Secretary of Transportation 
may designate as a center of excellence for domestic mari-
time workforce training and education a covered training 
entity located in a State that borders on the— 
‘‘(1) Gulf of Mexico; 
‘‘(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 co-
operative agreement (as that term is used in section 6305 
of title 31) with a center of excellence designated under sub-
section (a) to support maritime workforce training 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 
VerDate Sep 11 2014 
21:08 Nov 13, 2018
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H2593.RH
H2593
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(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 
‘‘(B) with a maritime training program in 
operation on the date of enactment of this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
541 of title 46, United States Code, is amended by inserting 
after the item relating to section 54101 the following: 
‘‘54102. Centers of excellence for domestic maritime workforce training and edu-
cation.’’. 
VerDate Sep 11 2014 
21:08 Nov 13, 2018
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6213
E:\BILLS\H2593.RH
H2593
pamtmann on DSKBFK8HB2PROD with BILLS
Union Calendar No. 796 
115TH CONGRESS 
2D SESSION 
H. R. 2593 
[Report No. 115–1017] 
A BILL 
To authorize appropriations for the Federal Mari-
time Commission for fiscal years 2018 and 2019, 
and for other purposes. 
NOVEMBER 13, 2018 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
21:08 Nov 13, 2018
Jkt 089200
PO 00000
Frm 00014
Fmt 6651
Sfmt 6651
E:\BILLS\H2593.RH
H2593
pamtmann on DSKBFK8HB2PROD with BILLS