[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1836 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 177
118th CONGRESS
  1st Session
                                H. R. 1836

                          [Report No. 118-218]

 To amend title 46, United States Code, to make technical corrections 
  with respect to ocean shipping authorities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 28, 2023

Mr. Johnson of South Dakota (for himself and Mr. Garamendi) introduced 
      the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

                           September 26, 2023

             Additional sponsors: Mrs. Steel and Mr. Costa

                           September 26, 2023

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               28, 2023]


_______________________________________________________________________

                                 A BILL


 
 To amend title 46, United States Code, to make technical corrections 
  with respect to ocean shipping authorities, 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.

    This Act may be cited as the ``Ocean Shipping Reform Implementation 
Act of 2023''.

                  TITLE I--FEDERAL MARITIME COMMISSION

SEC. 101. PURPOSES.

    Section 40101 of title 46, United States Code, is amended--
            (1) in paragraph (1) by striking ``with'' and all that 
        follows through ``regulatory costs'';
            (2) in paragraph (2) by striking ``in the ocean commerce of 
        the United States'' and inserting ``for the common carriage of 
        goods by water in the foreign commerce of the United States'';
            (3) in paragraph (3) by striking ``and'' at the end;
            (4) in paragraph (4)--
                    (A) by striking ``promote'' and inserting 
                ``support''; and
                    (B) by striking ``, and'' and all that follows 
                through the period and inserting ``; and''; and
            (5) by adding at the end the following:
            ``(5) promote reciprocal trade in the common carriage of 
        goods by water in the foreign commerce of the United States.''.

SEC. 102. DEFINITIONS.

    (a) In General.--Section 40102(9) of title 46, United States Code, 
is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively and by moving the margins of clauses 
        (i) and (ii), as redesignated, accordingly;
            (2) by striking ``means an ocean common carrier'' and 
        inserting the following: ``means--
                    ``(A) an ocean common carrier'';
            (3) in subparagraph (A)(ii), as so redesignated, by 
        striking the period and inserting ``; or''; and
            (4) by adding at the end the following:
                    ``(B) such a carrier that is owned or controlled 
                by, a subsidiary of, or otherwise related legally or 
                financially (other than a minority relationship or 
                investment) to a corporation based in a country--
                            ``(i) identified as a nonmarket economy 
                        country (as defined in section 771(18) of the 
                        Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 
                        the date of enactment of this paragraph;
                            ``(ii) identified by the United States 
                        Trade Representative in the most recent report 
                        required by section 182 of the Trade Act of 
                        1974 (19 U.S.C. 2242) as a priority foreign 
                        country under subsection (a)(2) of that 
                        section; or
                            ``(iii) subject to monitoring by the United 
                        States Trade Representative under section 306 
                        of the Trade Act of 1974 (19 U.S.C. 2416).''.
    (b) Conforming Amendment.--Section 46106(b)(7) of title 46, United 
States Code, is amended by striking ``ocean common carriers, 
particularly such carriers that are controlled carriers'' and all that 
follows through the period at the end and inserting ``controlled 
carriers;''.

SEC. 103. COMPLAINTS AGAINST SHIPPING EXCHANGES.

    (a) In General.--Section 40504(c) of title 46, United States Code, 
is amended--
            (1) in the subsection heading by striking ``Exemption'' and 
        inserting ``Exemption and Investigation'';
            (2) by striking the period at the end and inserting ``; 
        and'';
            (3) by striking ``may exempt'' and inserting the following: 
        ``may--
            ``(1) exempt''; and
            (4) by adding at the end the following:
            ``(2) investigate complaints submitted under section 
        40505.''.
    (b) Complaints Against Shipping Exchanges.--Chapter 405 of title 
46, United States Code, is amended by adding at the end the following:
``Sec. 40505. Complaints against shipping exchanges
    ``(a) In General.--A person may submit to the Federal Maritime 
Commission, and the Commission shall accept, information concerning 
alleged incidents of market manipulation or other anticompetitive 
practices by shipping exchanges registered under section 40504.
    ``(b) Investigation.--Upon receipt of a submission of information 
under subsection (a), the Commission shall promptly investigate the 
accuracy of such information.
    ``(c) Report to Congress.--The Commission shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate the results of any investigation in which 
the Commission finds incidents of market manipulation or 
anticompetitive practices by shipping exchanges registered under 
section 40504.''.
    (c) Clerical Amendment.--The analysis for chapter 405 of title 46, 
United States Code, is amended by adding at the end the following:

``40505. Complaints against shipping exchanges.''.

SEC. 104. REPEAL.

    (a) In General.--Section 40706 of title 46, United States Code, is 
repealed.
    (b) Clerical Amendment.--The analysis for chapter 407 of title 46, 
United States Code, is amended by striking the item relating to section 
40706.

SEC. 105. DATA COLLECTION.

    Section 41110 of title 46, United States Code, is amended--
            (1) by striking ``The Federal Maritime Commission'' and 
        inserting ``(a) Quarterly Report.--The Federal Maritime 
        Commission''; and
            (2) by adding at the end the following:
    ``(b) Limitation on Duplication.--Unless the data described in 
paragraphs (1) and (2) is not available in a timely manner or in a form 
that allows the Commission to meet the requirements of subsection (a), 
data required to be reported under subsection (a) may not duplicate 
information--
            ``(1) submitted to the Corps of Engineers pursuant to 
        section 11 of the Act entitled `An Act authorizing the 
        construction, repair, and preservation of certain public works 
        on rivers and harbors, and for other purposes', approved 
        September 22, 1922 (33 U.S.C. 555), by an ocean common carrier 
        acting as a vessel operator;
            ``(2) submitted pursuant to section 481 of the Tariff Act 
        of 1930 (19 U.S.C. 1481) to U.S. Customs and Border Protection 
        by merchandise importers; or
            ``(3) submitted to the Department of Commerce pursuant to 
        section 301 of title 13.''.

SEC. 106. NATIONAL ADVISORY COMMITTEES.

    (a) National Shipper Advisory Committee.--Section 42502 of title 
46, United States Code, is amended--
            (1) in subsection (a) by striking ``Committee.'' and 
        inserting ``Committee (in this section referred to as the 
        `Shipper Committee').'';
            (2) by striking subsection (b);
            (3) by redesignating subsection (c) as subsection (b); and
            (4) in subsection (b), as so redesignated, by striking 
        ``Committee'' each place it appears and inserting ``Shipper 
        Committee''.
    (b) National Port Advisory Committee.--Chapter 425 of title 46, 
United States Code, is amended--
            (1) by redesignating section 42503 as section 42506; and
            (2) by inserting after section 42502 the following:
``Sec. 42503. National Port Advisory Committee
    ``(a) Establishment.--There is established a National Port Advisory 
Committee (in this section referred to as the `Port Committee').
    ``(b) Membership.--
            ``(1) In general.--The Port Committee shall consist of 13 
        members appointed by the Commission in accordance with this 
        section.
            ``(2) Expertise.--Each member of the Port Committee shall 
        have particular expertise, knowledge, and experience in matters 
        relating to the function of the Port Committee.
            ``(3) Representation.--Members of the Port Committee shall 
        be appointed as follows:
                    ``(A) 5 members shall represent marine terminal 
                operators, as defined in section 40102.
                    ``(B) 5 members shall represent port authorities.
                    ``(C) 3 members shall represent longshore and 
                maritime labor.
``Sec. 42504. National Ocean Carrier Advisory Committee
    ``(a) Establishment.--There is established a National Ocean Carrier 
Advisory Committee (in this section referred to as the Carrier 
Committee').
    ``(b) Membership.--
            ``(1) In general.--The Carrier Committee shall consist of 9 
        members appointed by the Commission in accordance with this 
        section.
            ``(2) Expertise.--Each member of the Carrier Committee 
        shall have particular expertise, knowledge, and experience in 
        matters relating to the function of the Committee.
            ``(3) Representation.--Members of the Carrier Committee 
        shall represent ocean carriers serving such seaports and 
        terminals, of which at least three shall be ocean 
        transportation intermediaries (as such term is defined in 
        section 40102)''.
``Sec. 42505. Function
    ``The covered Committees shall advise the Federal Maritime 
Commission on policies relating to the competitiveness, reliability, 
and efficiency of the international ocean freight delivery system.''.
    (c) Conforming Amendments.--
            (1) Definitions.--Section 42501 of title 46, United States 
        Code, is amended by striking paragraph (2) and inserting the 
        following:
            ``(2) Covered committee.--The term `covered Committee' 
        means--
                    ``(A) the National Shipper Advisory Committee 
                established under section 42502;
                    ``(B) the National Seaport Advisory Committee 
                established under section 42503; and
                    ``(C) the National Ocean Carrier Advisory Committee 
                established under section 52504.''.
            (2) Administration.--Section 42506 of title 46, United 
        States Code, as redesignated by subsection (b)(1), is amended--
                    (A) by striking ``The Committee'' each place it 
                appears except in subsection (k) and inserting ``Each 
                covered Committee'';
                    (B) in subsection (a) by striking ``the Committee'' 
                and inserting ``each such Committee'';
                    (C) in subsections (b), (c), (d), (e), (f), and (j) 
                by striking ``the Committee'' each place it appears and 
                inserting ``a covered Committee'';
                    (D) in subsection (h)--
                            (i) in paragraph (1)--
                                    (I) by striking ``Chair of the 
                                Committee'' and inserting ``Chair of 
                                each covered Committee''; and
                                    (II) by striking ``function of the 
                                Committee'' and inserting ``function of 
                                the applicable Committee''; and
                            (ii) in paragraph (2) by striking ``the 
                        Committee'' and inserting ``each covered 
                        Committee'';
                    (E) in subsection (i)--
                            (i) in paragraph (1) by striking ``the 
                        Committee if the function of the Committee'' 
                        and inserting ``any relevant covered Committee 
                        if the function of such Committee'';
                            (ii) in paragraph (2) by striking ``the 
                        Committee'' and inserting ``each such 
                        Committee'';
                            (iii) in paragraph (3)--
                                    (I) by striking ``from the 
                                Committee'' and inserting ``from a 
                                covered Committee''; and
                                    (II) in subparagraph (B) by 
                                striking ``to the Committee'' and 
                                inserting ``to the submitting 
                                Committee''; and
                            (iv) in paragraph (4) by striking ``from 
                        the Committee'' and inserting ``from a covered 
                        Committee''; and
                    (F) in subsection (k) by striking ``The Committee'' 
                and inserting ``Covered Committees''.

SEC. 107. ANNUAL REPORT AND PUBLIC DISCLOSURES.

    (a) Report on Foreign Laws and Practices.--Section 46106(b) of 
title 46, United States Code, is amended--
            (1) in paragraph (6)--
                    (A) by striking ``and'' at the end; and
                    (B) by striking ``under this part'' and inserting 
                ``under chapter 403'';
            (2) in paragraph (7)--
                    (A) by inserting ``anticompetitive, nonreciprocal 
                trade, or'' before ``otherwise concerning practices'';
                    (B) by inserting ``or marine terminal operators'' 
                after ``controlled carriers''; and
                    (C) by striking the period at the end and inserting 
                a semicolon; and
            (3) by adding at the end the following:
            ``(8) an analysis of any trade imbalance resulting from the 
        business practices of ocean common carriers, including an 
        analysis of the data collected under section 41110; and
            ``(9) the aggregated findings and results of the Vessel-
        Operating Common Carrier Audit Program established by the 
        Commission on July 18, 2021, pursuant to the Commission rule 
        interpreting section 41102(c).''.
    (b) Public Disclosure.--Section 46106(d)(2) of title 46, United 
States Code, is amended by inserting ``or marine terminal operator'' 
after ``common carrier''.

SEC. 108. CONTAINERIZED FREIGHT INDEXES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Federal Maritime Commission shall promulgate an 
advance notice of proposed rulemaking on price indexes for 
containerized ocean freight for shippers (as such term is defined in 
section 40102 of title 46, United States Code) in the United States 
published by a shipping exchange registered under section 40504 of 
title 46, United States Code.
    (b) Final Rule.-- Not later than 3 years after the date of 
enactment of this Act, the Commission shall publish a final rule with 
respect to the advance notice of proposed rulemaking under subsection 
(a).

                        TITLE II--OTHER AGENCIES

SEC. 201. DATA STANDARD FOR MARITIME FREIGHT LOGISTICS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Federal Maritime Commission shall promulgate 
an advance notice of proposed rulemaking on a data standard for 
maritime freight logistics and ocean transportation in the foreign 
commerce of the United States.
    (b) Consultation.--During the public comment period for the 
rulemaking under subsection (a), the Commission shall consult with--
            (1) the National Shippers Advisory Board established under 
        section 42502 of title 46, United States Code; and
            (2) the Secretaries of Transportation, Commerce, and 
        Agriculture.
    (c) Contents.--The rulemaking under subsection (a) shall--
            (1) develop a data standard for the voluntary sharing of 
        appropriate supply chain data with--
                    (A) a common lexicon of standard terms and methods 
                of measurements;
                    (B) a method to exchange data in real time amongst 
                relevant stakeholders;
                    (C) appropriate data protections to ensure 
                confidentiality of proprietary business information; 
                and
                    (D) appropriate cybersecurity measures to protect 
                data from unauthorized use;
            (2) incorporate data from stakeholders to facilitate--
                    (A) the arrival, unloading, loading, and departure 
                of vessels;
                    (B) cargo availability and pick up reservation;
                    (C) chassis availability; and
                    (D) other data elements the Commission consider 
                prudent; and
            (3) consider relevant data standards used or under 
        development within the private sector and whether to adopt or 
        otherwise incorporate such standards into the rule finalized 
        under this subsection, with priority given to standards that--
                    (A) are developed in open, transparent, impartial, 
                balanced, consensus-based processes;
                    (B) are performance-based, technology neutral, and 
                vendor neutral;
                    (C) are interoperable, allowing for the exchange 
                and use of data between devices and systems;
                    (D) are market relevant and globally applicable;
                    (E) are nonduplicative of, and coherent with, other 
                relevant standards, guides, best practices, and 
                frameworks; and
                    (F) allow information owners to control what 
                information is shared, when information is shared, with 
                whom, and for what purpose; and
            (4) be consistent with section 12(d) of the National 
        Technology Transfer and Advancement Act of 1995 (Public Law 
        104-113; 15 U.S.C. 272 note) including any standard for the 
        voluntary sharing of appropriate supply chain data developed 
        thereunder.
    (d) Third-Party Agreement.--The Commission may enter into an 
agreement with 1 or more appropriate independent entities based in the 
United States that operate as voluntary consensus standards setting 
organizations as defined for purposes of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (Public Law 104-113) 
and Office of Management and Budget Revised Circular A-119, published 
in the Federal Register on January 27, 2016 (81 Fed. Reg. 4673), to 
develop the data standard for maritime freight logistics and ocean 
transportation in the foreign commerce of the United States for the 
rulemaking under subsection (a) and for procurement or other relevant 
programmatic activities, consistent with the requirements of this 
section.
    (e) Grant Criterion.--If the rulemaking under subsection (a) is 
finalized, the Secretary of Transportation may require a covered port 
authority to adopt any data standard issued pursuant to this section 
for relevant operational use cases, as determined by the Secretary.
    (f) Definition of Covered Port Authority.--In this section, the 
term ``covered port authority'' means a port authority that receives 
funding after the date on which a rule is finalized under this section 
under--
            (1) the port infrastructure development program under 
        section 54301(a) of title 46, United States Code; or
            (2) the maritime transportation system emergency relief 
        program under section 50308 of title 46, United States Code.
    (g) Rule of Construction.--Nothing in this section shall be 
construed to require the Commission to develop a data standard that 
violates the confidentiality and disclosure policies established under 
subchapter III of chapter 35 of title 44, United States Code.

SEC. 202. INDEPENDENT STUDY AND REPORT ON SHANGHAI SHIPPING EXCHANGE.

    (a) Study.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Transportation shall enter into an 
agreement with an appropriate independent entity described in 
subsection (d) to conduct a study and assessment of the business 
practices of the Shanghai Shipping Exchange, including--
            (1) any anticompetitive advantages benefitting the Shanghai 
        Shipping Exchange; and
            (2) the ability of the Ministry of Transport of the 
        People's Republic of China and the Shanghai Shipping Exchange 
        to manipulate container freight markets.
    (b) Elements.--The study and assessment required under subsection 
(a) shall address the following:
            (1) The influence of the government of the People's 
        Republic of China on the Shanghai Shipping Exchange.
            (2) The impact of such business practices or influence on 
        American consumers and businesses.
            (3) The ability of a shipping exchange registered under 
        section 40504 of title 46, United States Code, and based in the 
        United States to identify market manipulation as described in 
        subsection (a)(2) or any otherwise concerning practices by the 
        Shanghai Shipping Exchange and report such incidents to the 
        Federal Maritime Commission and other Federal regulators.
            (4) Any other matters the Secretary or the appropriate 
        independent entity that enters into an agreement under this 
        section determines to be appropriate for the purposes of the 
        study.
    (c) Report.--
            (1) In general.--Not later than 1 year after the date on 
        which the Secretary of Transportation enters into an agreement 
        under this section, the appropriate independent entity shall 
        submit to the Secretary, the Committee on Commerce, Science, 
        and Transportation of the Senate, and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report setting forth the results of the study 
        conducted under subsection (a).
            (2) Public availability.--The Secretary shall publish the 
        report required under paragraph (1) on a publicly accessible 
        website of the Department of Transportation.
    (d) Appropriate Independent Entity Described.--An appropriate 
independent entity described in this subsection is--
            (1) a federally funded research and development center 
        sponsored by a Federal agency;
            (2) the Transportation Research Board of the National 
        Academies;
            (3) the Government Accountability Office; or
            (4) an organization described in section 501(c) of the 
        Internal Revenue Code of 1986 and exempt from taxation under 
        section 501(a) of such Code.
    (e) Obtaining Official Data.--The appropriate independent entity 
that enters into an agreement under this section may secure directly 
from any department or agency of the Federal Government information 
necessary to enable such entity to carry out this section. Upon request 
of such entity, the head of such department or agency shall furnish 
such information to the appropriate independent entity, unless doing so 
would not be in the public interest.

SEC. 203. POLICY WITH RESPECT TO LOGINK.

    (a) In General.--Chapter 503 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 50309. Prohibited use
    ``(a) In General.--A covered entity shall not utilize covered 
logistics software.
    ``(b) Guidance.--The Secretary of Transportation shall publish on 
the website of the Department of Transportation, and update regularly, 
a list of prohibited logistics information technologies provided by the 
People's Republic of China or Chinese state-affiliated entities.
    ``(c) Consultation.--The Secretary shall consult with the United 
States-China Economic and Security Review Commission established under 
section 1238 of the Floyd D. Spence National Defense Authorization Act 
for Fiscal Year 2001 (Public Law 106-398) in carrying out this section.
    ``(d) Review.--In preparing the guidance under subsection (b), the 
Secretary shall review the list of Chinese state-affiliated entities 
included in--
            ``(1) the list of Communist Chinese military companies 
        released by the Department of Defense in accordance with 
        section 1260H of the National Defense Authorization Act for 
        Fiscal Year 2021 (10 U.S.C. 113 note); and
            ``(2) the most recent `Non-SDN Chinese Military-Industrial 
        Complex Companies List' published by the Secretary of the 
        Treasury pursuant to Executive Order 14032 of June 3, 2021 (86 
        Fed. Reg. 30145; relating to Addressing the Threat From 
        Securities Investments That Finance Certain Companies of the 
        People's Republic of China).
    ``(e) Definitions.--In this section:
            ``(1) Covered logistics software.--The term `covered 
        logistics software' means--
                    ``(A) the public, open, shared logistics 
                information network known as the `National Public 
                Information Platform for Transportation & Logistics' by 
                the Ministry of Transport of China or any affiliate or 
                successor entity;
                    ``(B) any other transportation logistics software 
                designed to be used by covered entities subject to the 
                jurisdiction, ownership, direction, or control of a 
                foreign adversary; or
                    ``(C) any other logistics platform or software that 
                shares data with a system described in paragraphs (a) 
                or (b).
            ``(2) Covered entity.--The term `covered entity' means an 
        entity that receives funding after the date of enactment of 
        this section under--
                    ``(A) the port infrastructure development program 
                under subsections (a) and (b) of section 54301; or
                    ``(B) the maritime transportation system emergency 
                relief program under section 50308.''.
    (b) Clerical Amendment.--The analysis for chapter 503 of title 46, 
United States Code, is amended by adding at the end the following:

``50309. Prohibited use.''.

                    TITLE III--TECHNICAL AMENDMENTS

SEC. 301. TECHNICAL AMENDMENTS.

    (a) Administration.--Section 15109 of title 46, United States Code, 
is amended--
            (1) in subsection (a)(2) by striking ``15102,'' and 
        inserting ``15102''; and
            (2) in subsection (k)(1) by inserting ``or to which this 
        chapter applies'' after ``under this chapter''.
    (b) Investigations.--Section 41302(a) of title 46, United States 
Code, is amended by striking ``conduct agreement'' and inserting 
``conduct, agreement''.
    (c) Award of Reparations.--Section 41305(c) is amended by striking 
``section subsection'' and inserting ``subsection''.
    (d) National Shipper Advisory Committee.--Section 42502(b)(3) of 
title 46, United States Code, as redesignated by the preceding 
provisions of this Act, is amended by striking ``(3) representation'' 
and all that follows through ``Twelve members'' and inserting the 
following:
            ``(3) Representation.--Members of the Committee shall be 
        appointed as follows:
                    ``(A) Twelve members''.
    (e) Monetary Penalties or Refunds.--The analysis for chapter 411 of 
title 46, United States Code, is amended by striking the item relating 
to section 41107 and inserting the following:

``41107. Monetary penalties or refunds.''.
    (f) National Advisory Committees.--The analysis for subtitle IV of 
title 46, United States Code, is amended by striking the item relating 
to chapter 425 and inserting the following:

``425. National Advisory Committees.........................   42501''.
    (g) Analysis.--The heading and analysis for chapter 425 of title 
46, United States Code, is amended to read as follows:

            ``CHAPTER 425--NATIONAL PORT ADVISORY COMMITTEE

``Sec.
``42501. Definitions.
``42502. National Shipper Advisory Committee.
``42503. National Seaport Advisory Committee.
``42504. National Ocean Carrier Advisory Committee.
``42505. Function.
``42506. Administration.''.
    (h) Annual Report and Public Disclosure.--
            (1) Conforming amendment.--The heading for section 46106 of 
        title 46, United States Code, is amended by inserting ``and 
        public disclosure'' after ``report''.
            (2) Clerical amendment.--The analysis for chapter 461 of 
        title 46, United States Code, is amended by striking the item 
        relating to section 46106 and inserting the following:

``46106. Annual report and public disclosure.''.
                                                 Union Calendar No. 177

118th CONGRESS

  1st Session

                               H. R. 1836

                          [Report No. 118-218]

_______________________________________________________________________

                                 A BILL

 To amend title 46, United States Code, to make technical corrections 
  with respect to ocean shipping authorities, and for other purposes.

_______________________________________________________________________

                           September 26, 2023

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed