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agency may, designate a representative to par-
ticipate as an observer with a committee estab-
lished under this subsection. 
‘‘(B) ROLE.—The Secretary’s designated 
representative to a committee established under 
this subsection shall act as the executive sec-
retary of the committee and shall perform the 
duties set forth in section 10(c) of the Federal 
Advisory Committee Act (5 U.S.C. App.). 
‘‘(5) CONSIDERATION
OF
VIEWS.—The Sec-
retary shall consider the information, advice, and 
recommendations of each committee established 
under this subsection in formulating policy regarding 
matters affecting maritime security. 
‘‘(6) COMPENSATION AND EXPENSES.— 
‘‘(A) IN GENERAL.—A member of a com-
mittee established under this subsection, when 
attending meetings of the committee or when 
otherwise engaged in the business of the com-
mittee, is entitled to receive— 
‘‘(i) compensation at a rate fixed by 
the Secretary, not exceeding the daily 
equivalent of the current rate of basic pay 
in effect for GS–15 of the General Sched-
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ule under section 5332 of title 5 including 
travel time; and 
‘‘(ii) travel or transportation expenses 
under section 5703 of title 5. 
‘‘(B) STATUS.—A member of a committee 
established under this subsection shall not be 
considered to be an officer or employee of the 
United States for any purpose based on the re-
ceipt of any payment under this paragraph. 
‘‘(7) FACA.—The Federal Advisory Committee 
Act (5 U.S.C. App.) does not apply to a committee 
established under this subsection.’’. 
(b) TREATMENT OF EXISTING COMMITTEE.—Not-
withstanding any other provision of law— 
(1) an advisory committee substantially similar 
to the National Maritime Security Advisory Com-
mittee established under section 70112(a) of title 
46, United States Code, as amended by this section, 
and that was in force or in effect on the day before 
the date of enactment of this section, may remain in 
force or in effect for a period of 2 years from the 
date of enactment of this section, including that the 
charter, membership, and other aspects of the com-
mittee may remain in force or in effect; and 
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(2) during the 2-year period referenced in para-
graph (1)— 
(A) requirements relating to the National 
Maritime Security Advisory Committee estab-
lished under section 70112(a) of title 46, 
United States Code, as amended by this sec-
tion, shall be treated as satisfied by the sub-
stantially similar advisory committee; and 
(B) the enactment of this section, includ-
ing the amendments made in this section, shall 
not be the basis— 
(i) to deem, find, or declare such com-
mittee, including the charter, membership, 
and other aspects thereof, void, not in 
force, or not in effect; 
(ii) to suspend the activities of such 
committee; or 
(iii) to bar the members of such com-
mittee from meeting. 
TITLE XLVII—FEDERAL 
MARITIME COMMISSION 
SEC. 4701. SHORT TITLE. 
This title may be cited as the ‘‘Federal Maritime 
Commission Authorization Act of 2017’’. 
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SEC. 4702. AUTHORIZATION OF APPROPRIATIONS. 
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. 4703. REPORTING ON IMPACT OF ALLIANCES ON COM-
PETITION. 
Section 306 of title 46, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (4), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (5), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(6) an analysis of the impacts on competition 
for the purchase of certain covered services by alli-
ances of ocean common carriers acting pursuant to 
an agreement under this part between or among 
ocean common carriers, including a summary of ac-
tions, including corrective actions, taken by the 
Commission to promote such competition.’’; and 
(2) by adding at the end the following: 
‘‘(c) DEFINITION
OF
CERTAIN
COVERED
SERV-
ICES.—In this section, the term ‘certain covered services’ 
has the meaning given the term in section 40102.’’. 
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SEC. 4704. DEFINITION OF CERTAIN COVERED SERVICES. 
Section 40102 of title 46, United States Code, is 
amended— 
(1) by redesignating paragraphs (5) through 
(25) as paragraphs (6) through (26), respectively; 
and 
(2) by inserting after paragraph (4), the fol-
lowing: 
‘‘(5) CERTAIN COVERED SERVICES.—For pur-
poses of sections 41105 and 41307, the term ‘cer-
tain covered services’ means, with respect to a ves-
sel— 
‘‘(A) the berthing or bunkering of the ves-
sel; 
‘‘(B) the loading or unloading of cargo to 
or from the vessel to or from a point on a wharf 
or terminal; 
‘‘(C) the positioning, removal, or replace-
ment of buoys related to the movement of the 
vessel; and 
‘‘(D) with respect to injunctive relief under 
section 41307, towing vessel services provided 
to such a vessel.’’. 
SEC. 4705. REPORTS FILED WITH THE COMMISSION. 
Section 40104(a) of title 46, United States Code, is 
amended to read as follows: 
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‘‘(a) REPORTS.— 
‘‘(1) IN
GENERAL.—The Federal Maritime 
Commission may require a common carrier or ma-
rine terminal operator, or an officer, receiver, trust-
ee, lessee, agent, or employee of the common carrier 
or marine terminal operator to file with the Commis-
sion a periodical or special report, an account, 
record, rate, or charge, or a memorandum of facts 
and transactions related to the business of the com-
mon carrier or marine terminal operator, as applica-
ble. 
‘‘(2) REQUIREMENTS.—Any report, account, 
record, rate, charge, or memorandum required to be 
filed under paragraph (1) shall— 
‘‘(A) be made under oath if the Commis-
sion requires; and 
‘‘(B) be filed in the form and within the 
time prescribed by the Commission. 
‘‘(3) LIMITATION.—The Commission shall— 
‘‘(A) limit the scope of any filing ordered 
under this section to fulfill the objective of the 
order; and 
‘‘(B) provide a reasonable period of time 
for respondents to respond based upon their ca-
pabilities and the scope of the order.’’. 
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SEC. 4706. PUBLIC PARTICIPATION. 
(a) NOTICE OF FILING.—Section 40304(a) of title 
46, United States Code, is amended to read as follows: 
‘‘(a) NOTICE OF FILING.—Not later than 7 days 
after the date an agreement is filed, the Federal Maritime 
Commission shall— 
‘‘(1) transmit a notice of the filing to the Fed-
eral Register for publication; and 
‘‘(2) request interested persons to submit rel-
evant information and documents.’’. 
(b) REQUEST
FOR
INFORMATION
AND
DOCU-
MENTS.—Section 40304(d) of title 46, United States 
Code, is amended by striking ‘‘section’’ and inserting 
‘‘part’’. 
(c) SAVING CLAUSE.—Nothing in this section, or the 
amendments made by this section, may be construed— 
(1) to prevent the Federal Maritime Commis-
sion from requesting from a person, at any time, any 
additional information or documents the Commission 
considers necessary to carry out chapter 403 of title 
46, United States Code; 
(2) to prescribe a specific deadline for the sub-
mission of relevant information and documents in re-
sponse to a request under section 40304(a)(2) of 
title 46, United States Code; or 
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(3) to limit the authority of the Commission to 
request information under section 40304(d) of title 
46, United States Code. 
SEC. 4707. 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) APPLICABILITY.—Section 40901 of title 46, 
United States Code, is amended by adding at the end the 
following: 
‘‘(c) APPLICABILITY.—Subsection (a) and section 
40902 do not apply to a person that performs ocean trans-
portation intermediary services on behalf of an ocean 
transportation intermediary for which it is a disclosed 
agent.’’. 
(c) FINANCIAL RESPONSIBILITY.—Section 40902(a) 
of title 46, United States Code, is amended by inserting 
‘‘advertise, hold oneself out, or’’ after ‘‘may not’’. 
SEC. 4708. COMMON CARRIERS. 
(a) Section 41104 of title 46, United States Code, 
is amended— 
(1) in the matter preceding paragraph (1), by 
inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A common 
carrier’’; 
(2) in subsection (a), as designated— 
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(A) by amending paragraph (11) to read 
as follows: 
‘‘(11) knowingly and willfully accept cargo from 
or transport cargo for the account of a non-vessel- 
operating common carrier that does not have a tariff 
as required by section 40501 of this title, or an 
ocean transportation intermediary that does not 
have a bond, insurance, or other surety as required 
by section 40902 of this title;’’; 
(B) in paragraph (12), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(13) continue to participate simultaneously in 
a rate discussion agreement and an agreement to 
share vessels, in the same trade, if the interplay of 
the authorities exercised by the specified agreements 
is likely, by a reduction in competition, to produce 
an unreasonable reduction in transportation service 
or an unreasonable increase in transportation cost.’’; 
and 
(3) by adding at the end the following: 
‘‘(b) RULE
OF CONSTRUCTION.—Notwithstanding 
any other provision of law, there is no private right of ac-
tion to enforce the prohibition under subsection (a)(13). 
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‘‘(c) AGREEMENT VIOLATION.—Participants in an 
agreement found by the Commission to violate subsection 
(a)(13) shall have 90 days from the date of such Commis-
sion finding to withdraw from the agreement as necessary 
to comply with that subsection.’’. 
(b) APPLICATION.—Section 41104(a)(13) of title 46, 
United States Code, as amended, shall apply to any agree-
ment filed or with an effective date before, on, or after 
the date of enactment of this Act. 
SEC. 4709. NEGOTIATIONS. 
(a) CONCERTED ACTION.—Section 41105 of title 46, 
United States Code, is amended— 
(1) by redesignating paragraphs (5) through 
(8) as paragraphs (7) through (10), respectively; 
and 
(2) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) negotiate with a tug or towing vessel serv-
ice provider on any matter relating to rates or serv-
ices provided within the United States by those tugs 
or towing vessels; 
‘‘(6) with respect to a vessel operated by an 
ocean common carrier within the United States, ne-
gotiate for the purchase of certain covered services, 
unless the negotiations and any resulting agreements 
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are not in violation of the antitrust laws and are 
consistent with the purposes of this part, except that 
this paragraph does not prohibit the setting and 
publishing of a joint through rate by a conference, 
joint venture, or association of ocean common car-
riers;’’. 
(b) AUTHORITY.—Chapter 411 of title 46, United 
States Code, is amended— 
(1) by inserting after section 41105 the fol-
lowing: 
‘‘§ 41105A. Authority 
‘‘Nothing in section 41105, as amended by the Fed-
eral Maritime Commission Authorization Act of 2017, 
shall be construed to limit the authority of the Depart-
ment of Justice regarding antitrust matters.’’; and 
(2) in the analysis at the beginning of chapter 
411, by inserting after the item relating to section 
41105 the following: 
‘‘41105A. Authority.’’. 
(c) EXEMPTION.—Section 40307(b)(1) of title 46, 
United States Code, is amended by inserting ‘‘tug opera-
tors,’’ after ‘‘motor carriers,’’. 
SEC. 4710. INJUNCTIVE RELIEF SOUGHT BY THE COMMIS-
SION. 
(a) IN GENERAL.—Section 41307(b) of title 46, 
United States Code is amended— 
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