Title: Federal Maritime Commission Authorization Act of 2017
Policy area: Transportation and Public Works

Summary:
Federal Maritime Commission Authorization Act of 2017
This bill reauthorizes appropriations through FY2019 for the Federal Maritime Commission. It also prohibits a group of two or more common carriers from negotiating with a provider of port services for rates or services unless advance notice is provided to the commission.
The bill authorizes the Department of Transportation (DOT) to designate college maritime training programs as centers of excellence and enter into cooperative agreements to help them admit additional students, recruit additional faculty, expand facilities, create new career pathways, and award students credit for previous experience.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2593 Introduced in House (IH)]

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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. DeFazio) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To authorize appropriations for the Federal Maritime Commission for 
          fiscal years 2018 and 2019, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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:
            ``(26) Port services.--The term `port services' 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 
        towage, cargo handling, 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 ``; 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 
        negotiation, 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 determined by the 
        Commission, the negotiation and any resulting agreement will 
        not substantially lessen competition in the purchasing of port 
        services provided at United States ports (this paragraph does 
        not prohibit the setting and publishing of a joint through rate 
        by a conference, joint venture, or association of common 
        carriers).''.
    (c) Injunctive Relief Sought by the Commission.--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 increase 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 determination under 
        this subsection, the Commission may consider any relevant 
        competition factors in affected markets, including, without 
        limitation, the competitive effect of agreements other than the 
        agreement under review.''.

SEC. 103. INFORMATION.

    (a) Reports Filed With the Commission.--Section 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 interested 
        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 ``advertise, 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:
            ``(13) participate in a rate discussion agreement and a 
        vessel sharing agreement, slot sharing agreement, space sharing 
        agreement, or similar agreement for use of vessels by two or 
        more ocean common 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 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
            (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 ``Secretary'' 
        each place it appears and inserting ``Secretary of Commerce'';
            (2) in subsection (i)(3), by striking ``75'' and inserting 
        ``50'';
            (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 communities'' 
        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 reconfiguration; 
                and
                    ``(B) employee skills and enhanced productivity 
                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 improvements in 
                small shipyards; and
                    ``(B) provide training for workers in shipbuilding, 
                ship repair, and associated industries.'';
            (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 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:
``Sec. 31310. Treatment of fishing permits
    ``(a) Limitation on Maritime Liens.--This chapter--
            ``(1) does not establish a maritime lien on a fishing 
        permit; and
            ``(2) does not authorize any civil action to enforce 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 Secretary of Commerce--
            ``(1) to modify, suspend, revoke, or impose a sanction on 
        any fishing permit issued by the Secretary 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 following:
``Sec. 54102. Centers of excellence for domestic maritime work force 
              training and education
    ``(a) Designation.--The Secretary of Transportation 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;
            ``(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 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
            ``(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 section.''.
    (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 work force 
                            training and education.''.
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