OCEANS 39.4

(b) TARIFF FORM and AvailabilITY.-Notwithstanding any other law, according to the schedule under subsection (c)-

(1) common carriers and conferences shall file electronically with the Commission all tariffs and essential terms of service contracts required to be filed by section 8 of the Shopping Act, 1984 (46 App. U.S.C. 1707), the Shipping Act, 1916 (46 App. U.S.C. 801 et seq.), and the Intercoastal Shipping Act, 1933 (46 App. U.S.C. 843 et seq.); and

(2) the Commission shall make available electronically to any person, without time, quantity, or other limitation, both at the Commission Headquarters and from remote terminals, all tariff information and essential terms of service contracts filed in the Automated Tariff Filing and Information System database and all tariff information in the System enhanced electronically by the Commission at any time.

(c) FILING SCHEDULE.

(1) New tariffs and essential terms of service contracts shall be filed electronically not later than January 1, 1992;

(2) All tariffs and essential terms of service contracts filed by common carriers and conferences on the major trade routes shall be filed electronically not later than February 1, 1992; and

(3) all other tariffs and essential terms of service contracts shall be filed not later than April 1, 1992.

(d) FEES.

(1) The Commission shall charge

(A) a fee of 35 cents for each minute of remote computer access by any individual of the information available electronically under this section; and

(B)(i) for electronic copies of the Automated Tariff filing and Information database (in bulk), or any portion of the database, the cost of duplication, distribution, and user-dedicated equipment; and

(ii) a person operating or maintaining information in a database that has multiple tariff or service contract information obtained directly or indirectly from the Commission a fee of 35 cents for each minute that database is subsequently accessed by computer by any individual.

(2) A Federal agency is exempt from paying a fee under this subsection. (3) The Commission may establish alternative fee schedules to the fees required under paragraph (1) of this subsection that will result in the collection of equivalent total annual receipts.

(e) ENFORCEMENT.-The Commission shall use systems controls or other appropriate methods to enforce subsection (d) of this section.

(f) PENALTIES.—

(1) A person failing to pay the fees established under subsection (b) of this section is liable to the United States Government for a civil penalty of not more than $5000 for each violation.

(2) A person that willfully fails to pay the fees established under subsection (b) of this section commits a class A misdemeanor.

(g) AUTOMATIC FILING IMPLEMENTATION.—

. U585rr pt. 1

(1) Software that provides for the electronic filing of data in the Automated Tariff Filing and Information System shall be submitted to the Commission for certification. Not later than 14 days after a person submits software to the Commission for certification, the Commission shall

(A) certify the software if it provides for the electronic filing of data; and (B) publish notice of that certification.

(2) Not later than October 1, 1991, the Commission shall prescribe interim rules and regulations to carry out this section. For this purpose, the Commission is excepted from the notice and comment requirements of section 553 of title 5, United States Code.

(3) The Secretary of the Treasury shall make available to the Commission, as a repayable advance in fiscal year 1992, not more than $4 million, to remain available until expended. The Commission shall spend these funds to complete and upgrade the capacity of the Automated Tariff Filing and Information System to provide access to information under this section.

(4) Out of amounts collected by the Commission under this section, amounts shall be retained and expended by the Commission for fiscal year 1992 and each subsequent fiscal year, without fiscal year limitation, to carry out this section and pay back the Secretary under paragraph (3) of this subsection.