Federal Maritime Commission Authorization Act of 2017
A BILL
To authorize appropriations for fiscal years 2018 and 2019 for the Federal Maritime Commission, and for other purposes.
Sec. 2 Authorization of appropriations
In general— 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 “$28,490,000 for each of fiscal years 2018 and 2019”.
International ocean shipping supply chain information portal demonstration project— There is authorized to be appropriated to carry out section 7 of this Act $1,000,000 for each of fiscal years 2018 and 2019.
Sec. 3 Record of meetings and votes
In general— Section 303 of title 46, United States Code, is amended to read as follows:
“303. Meetings
“(a) In general—The Federal Maritime Commission shall be deemed to be an agency for purposes of section 552b of title 5.
“(b) Record—The Commission, through its secretary, shall keep a record of its meetings and the votes taken on any action, order, contract, or financial transaction of the Commission.
“(c) Nonpublic collaborative discussions
“(1) In general—Notwithstanding section 552b of title 5, a majority of the Commissioners may hold a meeting that is not open to public observation to discuss official agency business if—
“(A) no formal or informal vote or other official agency action is taken at the meeting;
“(B) each individual present at the meeting is a Commissioner or an employee of the Commission; and
“(C) the General Counsel of the Commission is present at the meeting.
“(2) Disclosure of nonpublic collaborative discussions—Except as provided under paragraph (3), not later than 2 business days after the conclusion of a meeting under paragraph (1), the Commission shall make available to the public, in a place easily accessible to the public—
“(A) a list of the individuals present at the meeting; and
“(B) a summary of the matters discussed at the meeting, except for any matters the Commission properly determines may be withheld from the public under section 552b(c) of title 5.
“(3) Exception—If the Commission properly determines matters may be withheld from the public under section 555b(c) of title 5, the Commission shall provide a summary with as much general information as possible on those matters withheld from the public.
“(4) Ongoing proceedings—If a meeting under paragraph (1) directly relates to an ongoing proceeding before the Commission, the Commission shall make the disclosure under paragraph (2) on the date of the final Commission decision.
“(5) Preservation of open meetings requirements for agency action—Nothing in this subsection may be construed to limit the applicability of section 552b of title 5 with respect to a meeting of the Commissioners other than that described in this subsection.
“(6) Statutory construction—Nothing in this subsection may be construed—
“(A) to limit the applicability of section 552b of title 5 with respect to any information which is proposed to be withheld from the public under paragraph (2)(B) of this subsection; or
“(B) to authorize the Commission to withhold from any individual any record that is accessible to that individual under section 552a of title 5.”
Table of contents— The table of contents of chapter 3 of title 46, United States Code, is amended by amending the item relating to section 303 to read as follows:
Sec. 4 Public participation
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 Federal Register for publication; and
“(2) request interested persons to submit relevant information and documents.”
Request for information and documents— Section 40304(d) of title 46, United States Code, is amended by striking “section” and inserting “part”.
Saving clause— Nothing in this section, or the amendments made by this section, may be construed—
to prevent the Federal Maritime Commission 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;
to prescribe a specific deadline for the submission of relevant information and documents in response to a request under section 40304(a)(2) of title 46, United States Code; or
to limit the authority of the Commission to request information under section 40304(d) of title 46, United States Code.
Sec. 5 Preventing deceptive practices
License requirement— Section 40901(a) of title 46, United States Code, is amended, in the first sentence, by striking “act” and inserting “act, including holding itself out by solicitation, advertisement, or otherwise,”.
Financial responsibility— Section 40902(a) of title 46, United States Code, is amended, in the language preceding paragraph (1), by striking “act” and inserting “act, including holding itself out by solicitation, advertisement, or otherwise,”.
Sec. 6 Reports filed with the Commission
Section 40104(a) of title 46, United States Code, is amended to read as follows:
“(a) Reports
“(1) In general—The Federal Maritime Commission may require a common carrier or marine terminal operator, or an officer, receiver, trustee, lessee, agent, or employee of the common carrier or marine terminal operator to file with the Commission a periodical or special report, an account, record, rate, or charge, or a memorandum of facts and transactions related to the business of the common carrier or marine terminal operator, as applicable.
“(2) Requirements—The report, account, record, rate, charge, or memorandum shall—
“(A) be made under oath if the Commission requires; and
“(B) be filed in the form and within the time prescribed by the Commission.”
Sec. 7 International ocean shipping supply chain information portal demonstration project
In general— The Federal Maritime Commission may enter into a cooperative agreement (as that term is used in section 6305 of title 31, United States Code) with one or more private, academic, or other non-Federal persons to develop and demonstrate the feasibility of an Internet-based national seaport information portal for the collection and dissemination of information to increase overall supply chain visibility, reliability, and resilience with respect to international ocean shipping.
Information— Information referred to in subsection (a) includes the information needs of key elements of the import-shipping and export-shipping supply chains, including those regarding container availability, chassis availability, trucking operations, and other ocean carrier, seaport, and marine terminal operations.
Sec. 8 Transparency
In general— Beginning not later than 60 days after the date of the enactment of this Act, the Federal Maritime Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives biannual reports that describe the Commission's progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding is subject to a statutory or regulatory deadline.
Format of reports— Each report under subsection (a) shall, among other things, clearly identify for each unfinished regulatory proceeding—
the popular title;
the current stage of the proceeding;
an abstract of the proceeding;
what prompted the action in question;
any applicable statutory, regulatory, or judicial deadline;
the associated docket number;
the date the rulemaking was initiated;
a date for the next action; and
if a date for next action identified in the previous report is not met, the reason for the delay.
Sec. 9 Treatment of tug operators
Exceptions— Section 40307(b)(1) of title 46, United States Code, is amended by inserting “tug operators,” after “motor carriers,”.
Concerted action— Section 41105(4) of title 46, United States Code, is amended—
by striking “non-ocean carrier” and inserting “tug operator, non-ocean carrier,”; and
by inserting “tug operators or” after “States by those”.
Sec. 10 Prohibitions and penalties
Section 41104(11) of title 46, United States Code, is amended by striking “a tariff as required by section 40501 of this title and”.