[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1119 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1119

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 15, 2017

 Mrs. Fischer introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To authorize appropriations for fiscal years 2018 and 2019 for the 
          Federal Maritime Commission, 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 of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Authorization of appropriations.
Sec. 3. Record of meetings and votes.
Sec. 4. Public participation.
Sec. 5. Preventing deceptive practices.
Sec. 6. Reports filed with the Commission.
Sec. 7. International ocean shipping supply chain information portal 
                            demonstration project.
Sec. 8. Transparency.
Sec. 9. Treatment of tug operators.
Sec. 10. Prohibitions and penalties.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) 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''.
    (b) 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.

    (a) In General.--Section 303 of title 46, United States Code, is 
amended to read as follows:
``Sec. 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.''.
    (b) 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:

``303. Meetings.''.

SEC. 4. 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 Federal 
        Register for publication; and
            ``(2) request interested persons to submit relevant 
        information and documents.''.
    (b) Request for Information and Documents.--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 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;
            (2) 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
            (3) 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.

    (a) 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,''.
    (b) 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.

    (a) 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.
    (b) 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.

    (a) 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.
    (b) Format of Reports.--Each report under subsection (a) shall, 
among other things, clearly identify for each unfinished regulatory 
proceeding--
            (1) the popular title;
            (2) the current stage of the proceeding;
            (3) an abstract of the proceeding;
            (4) what prompted the action in question;
            (5) any applicable statutory, regulatory, or judicial 
        deadline;
            (6) the associated docket number;
            (7) the date the rulemaking was initiated;
            (8) a date for the next action; and
            (9) 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.

    (a) Exceptions.--Section 40307(b)(1) of title 46, United States 
Code, is amended by inserting ``tug operators,'' after ``motor 
carriers,''.
    (b) Concerted Action.--Section 41105(4) of title 46, United States 
Code, is amended--
            (1) by striking ``non-ocean carrier'' and inserting ``tug 
        operator, non-ocean carrier,''; and
            (2) 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''.
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