Congressional Record, Volume 168 Issue 22 (Thursday, February 3, 2022)

[Congressional Record Volume 168, Number 22 (Thursday, February 3, 2022)]
[House]
[Pages H925-H934]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

BIOECONOMY RESEARCH AND DEVELOPMENT ACT OF 2021

The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of the bill (H.R. 4521) to provide for a coordinated
Federal research initiative to ensure continued United States
leadership in engineering biology will now resume.
The Clerk read the title of the bill.

amendment no. 22 offered by ms. jayapal

The SPEAKER pro tempore. It is now in order to consider amendment No.
22 printed in part D of House Report 117-241.
Ms. JAYAPAL. Madam Speaker, I rise to offer amendment 22 as a
designee of Congressman Jamaal Bowman.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the appropriate place in title II of division D, insert
the following:

SEC. __. REPORT ON IMPACT OF SANCTIONS ON OPPORTUNITIES FOR
INNOVATION THAT ADDRESS THE CLIMATE CRISIS AND
PROMOTE ENVIRONMENTAL JUSTICE.

(a) Sense of Congress.--It is the sense of Congress as
follows:
(1) The climate crisis is the single biggest health threat
facing humanity and unprecedented levels of global
cooperation and collaboration are necessary for basic
security provided by equitable access to food production,
access to fresh water, habitable ambient temperature and
ocean food chains.
(2) The frequency and severity of extreme weather events,
such as wildfire, cyclones, floods and droughts are
increasing worldwide, significantly impacting the
environment, and displacing people from their homes,
resulting in growing numbers of climate refugees.
(3) Substantially scaling up a range of investments to
address the climate crisis, including development assistance
and green tech transfer, are necessary to meet the goal of
limiting global warming to not more than 1.5 degrees Celsius.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in
coordination with the Secretary of the Department of Energy,
shall submit a report to the appropriate congressional
committees that--
(1) describes the impact of United States sanctions on
opportunities for innovation that address the climate crisis
and promote environmental justice;
(2) describes the impact of sanctions on climate diplomacy
and low-carbon development assistance; and
(3) identifies barriers to reducing greenhouse gas
emissions and reliance on fossil fuels caused or exacerbated
by United States sanctions.
(c) Form.--The report required by subsection (b) shall be
submitted in unclassified form.
(d) Appropriate Congressional Committees.--For purposes of
this section, the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Science, Space, and Technology, and the Committee on Energy
and Commerce of the House of Representatives; and
(2) the Committee on Commerce, Science and Transportation,
the Committee on Energy and Natural Resources, and the
Committee on Environment and Public Works of the Senate.

The SPEAKER pro tempore. Pursuant to House Resolution 900, the
gentlewoman from Washington (Ms. Jayapal) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from Washington.
Ms. JAYAPAL. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I first want to offer my congratulations to the
chairwoman of the committee for this very, very important piece of
legislation.
Madam Speaker, I rise today as the designee of Congressman Jamaal
Bowman to offer this amendment. The climate crisis is the single
biggest threat facing humanity, and if we are going to address it at
the scale needed to limit global warming to not more than 1.5 degrees
Celsius, we are going to have to work together. We are going to need
unprecedented levels of global cooperation and collaboration to meet
everyone's basic needs, including food, clean water, and keeping the
communities we call home habitable.
At the same time, we increasingly rely upon sanctions as a key
foreign policy lever. The material impact of sanctions is known to
undermine the human rights of civilians who can get cut off from access
to basic needs, often the same basic needs that are threatened by the
very climate crisis, as we see increasingly more frequent extreme
weather events.
This amendment would simply require the State Department to issue a
report in coordination with the Department of Energy on the impact that
sanctions have on our ability to be innovative in addressing the
climate crisis and economic justice. This will give us important
information as we seek to create and craft sanctions or understand the
impact of sanctions and decide not to use them.
Madam Speaker, I reserve the balance of my time.
Mrs. BICE of Oklahoma. Madam Speaker, I claim time in opposition.
The SPEAKER pro tempore. The gentlewoman is recognized for 5 minutes.
Mrs. BICE of Oklahoma. Madam Speaker, I rise in opposition to
amendment 22. I believe this amendment will undermine our ability to
appropriately deal with human rights abuses and aggressions towards the
United States.
This amendment would require the Secretary of State in coordination
with the Secretary of Energy to submit a report to Congress on how U.S.
sanctions are affecting our ability to adapt to climate change and
promote environmental justice, among other things.
First, let me remind my friends across the aisle that we are meant to
be discussing the competitiveness bill today, not a climate bill. This
bill is meant to address the Chinese Communist Party's growing
aggression and

[[Page H926]]

to ensure the United States remains the world leader in science and
technology.
This amendment doesn't prioritize our competitiveness, and it doesn't
help us face the threat from China. Worst, it could hinder our
abilities to address that threat.
Let's not forget sanctions are for countries that have committed
inexcusable offenses against their own people or the United States.
It seems to me that the purpose of this amendment is to show that our
sanctions against China, who is committing forced labor crimes every
day, are actually hurting progress towards adapting to climate change.
Essentially, this amendment places technological adaptations to
climate change on the same footing as forced labor and genocide. I
fully believe that the United States has the capacity to develop
innovative technologies to continue to reduce our emission and mitigate
the effects of climate change. And I do not accept that to do this, we
need to prioritize China's innovation over their use of forced labor.
Addressing climate change does not require sacrificing American
ideals and standards. We can best address global climate change by
innovating in America and holding China accountable, not by giving them
a pass. I would much rather look at how the United States can encourage
more participation in research and development than drive innovation.
Let's support our research enterprise, our workforce, our access to
domestic critical minerals and, yes, let's actually identify innovative
ways that we can combat global climate change.
Not once has the Department of Energy or the National Science
Foundation come to us to say that our stance against forced labor or
child labor is hindering their ability to research, develop, and
demonstrate clean energy technologies. This is a made-up problem, which
this report is trying to solve with a pre-determined solution.
Madam Speaker, I urge my colleagues to support your constituents by
putting the United States first and opposing this amendment.
Madam Speaker, I reserve the balance of my time.
Ms. JAYAPAL. Madam Speaker, I am prepared to close, and I yield
myself the balance of my time.
Madam Speaker, I don't really understand--and with tremendous respect
to my colleague across the aisle--how assigning a report so that we can
get more information about the effect of sanctions on the people of a
country undermines in any way anything that we are trying to do in this
bill. In fact, competitiveness is deeply tied to whether or not we
adhere to human rights values that the United States holds very dear.
And the question of how we can be most effective in our policy is very
important to this bill.
So I really don't understand why we wouldn't want the information
that a report is going to generate unless we are afraid that it is
going to present some choice that feels very difficult to us. So I am
not sure why there would be resistance to a report that says,
Department of Energy, in coordination with the State Department, tell
us what impact sanctions have on our ability to be innovative, one of
the key goals of this bill, in addressing the climate crisis and
economic justice.
Let's not disentangle competitiveness from justice. Let's not
disentangle competitiveness from our ability to uphold our core values
as a country.
Madam Speaker, I yield back the balance of my time.
Mrs. BICE of Oklahoma. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, I think my opening statement made the point that this
is actually conflating two issues and shouldn't. And so for that
reason, I strongly oppose the amendment.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 900, the
previous question is ordered on the amendment offered by the
gentlewoman from Washington (Ms. Jayapal).
The question is on the amendment offered by the gentlewoman from
Washington (Ms. Jayapal).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mrs. BICE of Oklahoma. Madam Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
The Chair is advised that amendment No. 23 will not be offered.

amendment no. 43 offered by mr. castro of texas

The SPEAKER pro tempore. It is now in order to consider amendment No.
43 printed in part D of House Report 117-241.
Mr. CASTRO of Texas. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 1847, line 1, insert ``media and entertainment,''
after ``health care,''.

The SPEAKER pro tempore. Pursuant to House Resolution 900, the
gentleman from Texas (Mr. Castro) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. CASTRO of Texas. Madam Speaker, I thank Chairwoman Eddie Bernice
Johnson and all of the chairs of the committees and members who helped
bring the America COMPETES Act to where it is.
Madam Speaker, today I offer my amendment to the America COMPETES
Act. My amendment simply adds ``media and entertainment'' to the list
of eligible programs for nontraditional industries or occupations.

{time} 1245

The U.S. media and entertainment industry plays a prominent role in
defining who we are as a nation, not only within our borders but across
the world. The media, as I know the media is plural, but the media as
an institution continues to serve as one of the main narrative-creating
and image-defining institutions conveying America's values and ideals
to audiences around the world.
Yet the lack of diverse talent in the industry's workforce fails to
reflect our population, therefore, stunting our ability to accurately
portray the U.S. as a multicultural symbol on a global scale, and also
sidelining millions and millions of Americans from participating in an
industry with well-paying jobs.
By expanding apprenticeship programs, we can build a foundation for
more Americans to begin professional careers in the media industry,
particularly those that have been traditionally excluded, such as
Latinos and other minority communities that are often underrepresented
and undervalued.
Madam Speaker, I reserve the balance of my time.
Mrs. BICE of Oklahoma. Madam Speaker, I claim time in opposition.
The SPEAKER pro tempore. The gentlewoman from Oklahoma is recognized
for 5 minutes.
Mrs. BICE of Oklahoma. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, this amendment further expands the existing 80-year-
old apprenticeships system to now include apprenticeships in ``media
and entertainment.''
Instead of expanding this program that is already bloated with
bureaucracy, time-consuming paperwork, and overly burdensome
requirements, this bill should be focusing on programs that push
employer-developed apprenticeships that will help our workforce expand
and thrive.
I cannot help but ask: What do apprenticeships in media and
entertainment have to do with competing with the Chinese Communist
Party?
The CCP has dramatically increased its STEM workforce. One report
predicts a 300 percent increase in the number of overall STEM graduates
in China versus a 30 percent increase in the United States.
Instead of focusing on training the next Meryl Streep, we should be
focused on developing America's STEM workforce, especially at the
skilled technical workforce level.
If we can't expand the STEM workforce through initiatives like
innovative apprenticeship models that give

[[Page H927]]

employees the skills they need, we won't be able to maintain the talent
base that supports key sectors of the economy, including agriculture,
energy, healthcare, and defense.
Madam Speaker, I encourage my colleagues to oppose this amendment and
I reserve the balance of my time.
Mr. CASTRO of Texas. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, to address some of the concerns, the media and
entertainment industry is one that involves different STEM fields such
as a wide variety of engineering positions, for example, many of which
have gone unfilled in different media corporations.
Also, as the gentlewoman knows, the GOP in particular has made a big
deal about our film industry yielding to different Chinese demands, for
example. So it is important that our government collaborate with the
industry to make sure that we have a well-prepared workforce that is
able to, again, make sure that the America media is robust.
We also want to be sure that--as you have industries like the media
industry that continue to, for example, go film television and movies
overseas, that American workers are well-prepared to take on those jobs
so that industry does not have a single excuse to go somewhere else but
to one of our cities and States in the United States. That is exactly
what this amendment will help do, is to bring about a more prepared
workforce to take on these roles so that industry doesn't have an
excuse to go somewhere else.
Madam Speaker, I reserve the balance of my time.
Mrs. BICE of Oklahoma. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, I would reply to my colleague that in Oklahoma we have
done an incredible job of expanding the media and entertainment
industry within our State without this type of program.
We need to be focusing on STEM innovation and STEM workforce. In
Oklahoma, we could graduate every engineering student from our colleges
and universities and still be 3,000 engineers short, particularly as we
look at our military bases in Oklahoma. Focusing on core industries
like energy and defense are what we should be doing.
Madam Speaker, I reserve the balance of my time.
Mr. CASTRO of Texas. Madam Speaker, I yield back the balance of my
time.
Mrs. BICE of Oklahoma. Madam Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore. Pursuant to House Resolution 900, the
previous question is ordered on the amendment offered by the gentleman
from Texas (Mr. Castro).
The question is on the amendment offered by the gentleman from Texas
(Mr. Castro).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mrs. BICE of Oklahoma. Madam Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.

amendment no. 56 offered by mr. crenshaw

The SPEAKER pro tempore. It is now in order to consider amendment No.
56 printed in part D of House Report 117-241.
Mr. CRENSHAW. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 1330, after line 5, insert the following:
(e) Annual Briefing.--Not later than 90 days after the date
of enactment of this Act, and annually thereafter, the
Department of State, in consultation with the heads of other
relevant Federal departments and agencies, shall provide a
briefing to relevant Committees of the House of
Representatives and the Senate regarding the progress and
efforts of the PRC to achieve the goals and commitments
stated in subsection (a)(3).

The SPEAKER pro tempore. Pursuant to House Resolution 900, the
gentleman from Texas (Mr. Crenshaw) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. CRENSHAW. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in support of amendment 56, which I was proud
to offer.
Madam Speaker, it is no secret what the Republican Party thinks of
the Chinese Communist Party and their attack on our global leadership
and the threat they pose to our exceptional Nation and the global order
we established and maintained.
If you look at the COVID outbreak and coverup, the treatment of
Uyghurs in Xinjiang, or the repression in Hong Kong, the facts clearly
establish that the CCP is unaccountable, unreliable, and untruthful.
While some in this Chamber want to think of them as a partner, I
cannot bring myself down to that level of naivety.
Let's call them what they are: they are a competitor; they are a
threat. That is why when I read this bill I was shocked to see that
Democrats are almost being complimentary when they refer to China and
their emission goals.
They say China ``is likely to achieve its carbon emissions'' pledge
to the Paris Agreement, and that their emissions will peak ahead of
schedule in 2030, a full 15 years after they agreed to Paris.
Some Democrats go on to highlight China's pledge to be carbon neutral
by 2060 and to phase down their coal-fired power generation. It reads
like a press release for the Chinese Communist Party published in the
Global Times or something tweeted by the bombastic foreign ministry
spokesmen, not policy from the United States Congress.
Worst of all, there is not even an attempt to fact check this
information. Take it as blind fact, despite coming from an autocratic,
Communist regime.
Trust but verify will not do here. With China it should be do not
trust until we verify and continue to verify.
Madam Speaker, are we so naive that we take China's word at face
value? I believe I speak for my fellow Republicans, and probably a few
of my friends on the other side of the aisle, when I say: No,
absolutely not.
We have no reason to believe the Communist leadership that has
publicly stated that their goal is to best us in every technological
field and establish global dominance.
In fact, we already have evidence that they falsified emissions data
before joining the Paris Agreement. But some still want to trust them?
It doesn't take a classified intel report to call China's bluff.
They have no intention of meeting these goals, but that won't stop
them from telling us that they are on track. If I had to guess, they
will say they are doing it even better than we are in reducing
emissions, if for nothing more than their ongoing information warfare
to make us appear weak and ineffectual on the world stage.
Madam Speaker, that is the purpose of my amendment. We need to have
the State Department, in consultation with the Department of Energy,
come in and give us the facts. This amendment requires an annual
briefing regarding the progress and efforts of China to meet emissions
goals.
We need to know: Is China telling the truth about how much they have
reduced emissions? Are they building more coal-fired power plants? Have
they successfully deployed carbon capture technologies the way we have?
These are answers we need for the United States to compete with China.
Knowledge is power and the quickest path to victory is understanding
your adversary. Despite all the other problems scattered throughout
this bill, I believe this amendment is a chance to at least do one
thing right.
This amendment is about accountability, this is about accuracy, and
most importantly, this is about knowing the full capabilities of our
largest and fiercest competitor.
Madam Speaker, I urge my colleagues to support accountability, to
support accuracy, to support truth, and to support knowledge by
supporting this amendment.
Madam Speaker, I reserve the balance of my time.
Mr. CASTRO of Texas. Madam Speaker, I rise in opposition to amendment
56 by Representative Crenshaw.
The SPEAKER pro tempore. The gentleman from Texas (Mr. Castro) is
recognized for 5 minutes.

[[Page H928]]

Mr. CASTRO of Texas. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I believe the information being solicited is
important, although I don't think that we need to pass a law to get it,
and we shouldn't have to pass a law to get it. In that sense, I think
the amendment is overkill.
As chairman of the Oversight Subcommittee on Foreign Affairs last
Congress, I saw how incredibly difficult it was to get basic
information and simple briefings from the Trump administration. So I am
sympathetic to getting information from an administration.
The checks and balances put in place by the Constitution require the
executive branch, no matter the party, to be responsive to
congressional oversight. As we saw during the last administration, the
executive branch has become increasingly empowered to not cooperate
with Congress on basic oversight matters; that much is true.
The Foreign Affairs Committee has found statutorily mandated
briefings, however, generally backfire. They give the executive branch
an excuse not to provide basic briefings on important subject matters
on which we do not mandate briefings through legislation.
These topics vastly outnumber those with statutorily required
briefings. By writing mandatory briefings into statute, Congress is
conceding to the executive that it does not need to be responsive to
legislative branch inquiries unless a statute says so.
Although I am opposing this amendment, I think the information is
important. I would also join Representative Crenshaw in a letter
requesting that kind of briefing from the Biden administration this
year and the next and until the next administration.

Madam Speaker, I reserve the balance of my time.
Mr. CRENSHAW. Madam Speaker, I yield 1\1/2\ minutes to the gentleman
from Pennsylvania (Mr. Meuser).
Mr. MEUSER. Madam Speaker, I thank the gentleman from Texas for his
leadership.
Madam Speaker, I rise today in strong support for the amendment
proposed by Representative Crenshaw.
Despite being the world's leading emitter of carbon emissions and the
second largest economy, China made minimal commitments under the Paris
Agreement for greenhouse gas reduction, and we let them get away with
it.
Now we have heard claims from the CCP, this administration, as well
others, the CCP is stepping up their commitments and generally want to
address climate change. In fact, China has only committed to stop
increasing emissions by 2030. That is another 8 years of increasing
emissions from China.
This administration's wishful thinking ignores the fact that the
United States is the only industrialized nation to reduce greenhouse
gas emissions over the last 2 years in a row, which has been achieved
primarily with low-emissions natural gas from my home State of
Pennsylvania.
However, the reality of China's new commitments is that they are
still doing the bare minimum compared with what the United States and
other leading economies have committed. China continues to use fuels
that this administration is strongly throttling back.
If we are expected to believe the CCP is genuine in their commitments
on climate, then it is critical that we see proof and accountability.
Madam Speaker, that is why I support this amendment to require annual
briefings on the Peoples Republic of China's progress toward their
climate commitments.
Mr. CASTRO of Texas. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, again, I agree this is important information. However,
this should not be our approach, except on issues where the executive
branch has continuously, and over a period of time, refused to respond
to basic inquiries.
On climate issues, the Foreign Affairs Committee has not had any
issues obtaining core information that is shared on a bipartisan basis.
In fact, both Secretary of State Blinken and Special Envoy Kerry
addressed this question in their hearings in front of our committee
last year.
Again, I would be willing to work with Representative Crenshaw, and
everybody else who is interested in a bipartisan way, to request this
hearing.
Madam Speaker, I yield back the balance of my time.
Mr. CRENSHAW. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 900, the
previous question is ordered on the amendment offered by the gentleman
from Texas (Mr. Crenshaw).
The question is on the amendment offered by the gentleman from Texas
(Mr. Crenshaw).
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. CRENSHAW. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.

{time} 1300

Amendment No. 89 Offered by Mr. Garamendi

The SPEAKER pro tempore. It is now in order to consider amendment No.
89 printed in part D of House Report 117-241.
Mr. GARAMENDI. Madam Speaker, pursuant to the rule, I rise to offer
the Garamendi-Johnson amendment No. 89 to the America COMPETES Act.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end the following:

DIVISION M--OCEAN SHIPPING REFORM

SEC. 120001. PURPOSES.

Section 40101 of title 46, United States Code, is amended
by striking paragraphs (2) through (4) and inserting the
following:
``(2) ensure an efficient and competitive transportation
system for the common carriage of goods by water in the
foreign commerce of the United States that is, as far as
possible, in harmony with fair and equitable international
shipping practices;
``(3) encourage the development of a competitive and
efficient liner fleet of vessels of the United States capable
of meeting national security and commerce needs of the United
States;
``(4) support the growth and development of United States
exports through a competitive and efficient system for the
common carriage of goods by water in the foreign commerce of
the United States and by placing a greater reliance on the
marketplace; and
``(5) promote reciprocal trade in the common carriage of
goods by water in the foreign commerce of the United
States.''.

SEC. 120002. SERVICE CONTRACTS.

Section 40502 of title 46, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (7) by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (8) by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(9) any other essential terms or minimum contract
requirements that the Federal Maritime Commission determines
necessary or appropriate.''; and
(2) by adding at the end the following:
``(g) Service Contract Requirement.--With respect to
service contracts entered into under this section, a common
carrier shall establish, observe, and enforce just and
reasonable regulations and practices relating to essential
terms and minimum contract requirements the Commission
determines are necessary or appropriate under subsection
(c)(9).''.

SEC. 120003. SHIPPING EXCHANGE REGISTRY.

(a) In General.--Chapter 405 of title 46, United States
Code, is amended by adding at the end the following:

``Sec. 40504. Shipping exchange registry

``(a) In General.--No person may operate a shipping
exchange involving ocean transportation in the foreign
commerce of the United States unless the shipping exchange is
registered as a national shipping exchange under the terms
and conditions provided in this section and the regulations
issued pursuant to this section.
``(b) Registration.--A person shall register a shipping
exchange by filing with the Federal Maritime Commission an
application for registration in such form as the Commission,
by rule, may prescribe containing the rules of the exchange
and such other information and documents as the Commission,
by rule, may prescribe as necessary or appropriate in the
public interest.
``(c) Exemption.--The Commission may exempt, conditionally
or unconditionally, a shipping exchange from registration and
licensing under this section if the Commission finds that the
shipping exchange is subject to comparable, comprehensive
supervision and regulation by the appropriate governmental
authorities in the home country of the shipping exchange.
``(d) Regulations.--In issuing regulations pursuant to
subsection (a), the Commission shall set standards necessary
to carry out

[[Page H929]]

subtitle IV for registered national shipping exchanges,
including the minimum requirements for service contracts
established under section 40502, and issue licenses for
registered national shipping exchanges.
``(e) Definition.--In this subsection, the term `shipping
exchange' means a platform, digital, over-the-counter or
otherwise, which connects shippers with common carriers (both
vessel-operating and non-vessel-operating) for the purpose of
entering into underlying agreements or contracts for the
transport of cargo, by vessel or other modes of
transportation.''.
(b) Applicability.--The registration requirement under
section 40504 of title 46, United States Code (as added by
this section), shall take effect on the date on which the
Federal Maritime Commission issues regulations required under
subsection (d) of such section.
(c) Clerical Amendment.--The analysis for chapter 405 of
title 46, United States Code, is amended by adding at the end
the following:

``40504. Shipping exchange registry.''.

SEC. 120004. DATA COLLECTION.

(a) In General.--Chapter 411 of title 46, United States
Code, is amended by adding at the end the following:

``Sec. 41110. Data collection

``(a) In General.--Common carriers covered under this
chapter shall submit to the Federal Maritime Commission a
calendar quarterly report that describes the total import and
export tonnage and the total loaded and empty 20-foot
equivalent units per vessel (making port in the United
States, including any territory or possession of the United
States) operated by such common carrier.
``(b) Prohibition on Duplication.--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; or
``(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.''.
(b) Clerical Amendment.--The analysis for chapter 411 of
title 46, United States Code, is amended by adding at the end
the following:

``41110. Data collection.''.

SEC. 120005. NATIONAL SHIPPER ADVISORY COMMITTEE.

(a) National Shipper Advisory Committee.--Section
42502(c)(3) of title 46, United States Code, is amended by
inserting ``, including customs brokers or freight
forwarders'' after ``ocean common carriers'' each place such
term occurs.
(b) Analysis.--The analysis for chapter 425 of title 46,
United States Code, is amended by inserting before the item
relating to section 42501 the following:

``Sec.''.

SEC. 120006. 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 (5) by striking ``and'' at the end;
(2) in paragraph (6)--
(A) by striking ``under this part'' and inserting ``under
chapter 403''; and
(B) by striking the period and inserting a semicolon; and
(3) by adding at the end the following:
``(7) an identification of any anticompetitive or
nonreciprocal trade practices by ocean common carriers;
``(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) an identification of any otherwise concerning
practices by ocean common carriers, particularly such
carriers that are--
``(A) State-owned or State-controlled enterprises; or
``(B) owned or controlled by, is a subsidiary of, or is
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 ( 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 Trade Representative
under section 306 of the Trade Act of 1974 (19 U.S.C.
2416).''.
(b) Public Disclosure.--
(1) In general.--Section 46106 of title 46, United States
Code, is amended by adding at the end the following:
``(d) Public Disclosures.--The Federal Maritime Commission
shall publish, and annually update, on the website of the
Commission--
``(1) all findings by the Commission of false
certifications by common carriers or marine terminal
operators under section 41104(a)(15) of this title; and
``(2) all penalties imposed or assessed against common
carriers or marine terminal operators, as applicable, under
sections 41107, 41108, and 41109, listed by each common
carrier or marine terminal operator.''.
(2) Conforming and clerical amendments.--
(A) Conforming amendment.--The heading for section 46106 of
title 46, United States Code, is amended by inserting ``and
public disclosure'' after ``report''.
(B) Clerical amendment.--The analysis for chapter 461 of
title 46, United States Code, is amended by striking the item
related to section 46106 and inserting the following:

``46106. Annual report and public disclosure.''.

SEC. 120007. GENERAL PROHIBITIONS.

Section 41102 of title 46, United States Code, is amended
by adding by adding at the end the following:
``(d) Prohibition on Retaliation.--A common carrier, marine
terminal operator, or ocean transportation intermediary,
either alone or in conjunction with any other person,
directly or indirectly, may not retaliate against a shipper,
a shipper's agent, or a motor carrier by refusing, or
threatening to refuse, cargo space accommodations when
available, or resort to other unfair or unjustly
discriminatory methods because the shipper has patronized
another carrier, has filed a complaint, or for any other
reason.
``(e) Certification.--A common carrier or marine terminal
operator shall not charge any other person demurrage or
detention charges under a tariff, marine terminal schedule,
service contract, or any other contractual obligation unless
accompanied by an accurate certification that such charges
comply with all rules and regulations concerning demurrage or
detention issued by the Commission. The certification
requirement only applies to the entity that establishes the
charge, and a common carrier or marine terminal operator that
collects a charge on behalf of another common carrier or
marine terminal operator is not responsible for providing the
certification, except that an invoice from a common carrier
or marine terminal operator collecting a charge on behalf of
another must include a certification from the party that
established the charge.''.

SEC. 120008. PROHIBITION ON UNREASONABLY DECLINING CARGO.

(a) Unreasonably Declining Cargo.--Section 41104 of title
46, United States Code, is amended in subsection (a)--
(1) by striking paragraph (3) and inserting the following:
``(3) engage in practices that unreasonably reduce shipper
accessibility to equipment necessary for the loading or
unloading of cargo;'';
(2) in paragraph (12) by striking ``; or'' and inserting a
semicolon;
(3) in paragraph (13) by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
``(14) fail to furnish or cause a contractor to fail to
furnish containers or other facilities and instrumentalities
needed to perform transportation services, including
allocation of vessel space accommodations, in consideration
of reasonably foreseeable import and export demands; or
``(15) unreasonably decline export cargo bookings if such
cargo can be loaded safely and timely, as determined by the
Commandant of the Coast Guard, and carried on a vessel
scheduled for the immediate destination of such cargo.''.
(b) Rulemaking on Unreasonably Declining Cargo.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commission shall initiate a
rulemaking proceeding to define the term ``unreasonably
decline'' for the purposes of subsection (a)(15) of section
41104 of title 46, United States Code (as added by subsection
(a)).
(2) Contents.--The rulemaking under paragraph (1) shall
address the unreasonableness of ocean common carriers
prioritizing the shipment of empty containers while
excluding, limiting, or otherwise reducing the shipment of
full, loaded containers when such containers are readily
available to be shipped and the appurtenant vessel has the
weight and space capacity available to carry such containers
if loaded in a safe and timely manner.

SEC. 120009. DETENTION AND DEMURRAGE.

(a) In General.--Section 41104 of title 46, United States
Code, is further amended by adding at the end the following:
``(d) Certification.--Failure of a common carrier to
include a certification under section 41102(e) alongside any
demurrage or detention charge shall eliminate any obligation
of the charged party to pay the applicable charge.
``(e) Demurrage and Detention Practices and Charges.--
Notwithstanding any other provision of law and not later than
30 days of the date of enactment of this subsection, a common
carrier or marine terminal operator, shall--
``(1) act in a manner consistent with any rules or
regulations concerning demurrage or detention issued by the
Commission;
``(2) maintain all records supporting the assessment of any
demurrage or detention charges for a period of 5 years and
provide such records to the invoiced party or to the
Commission on request; and
``(3) bear the burden of establishing the reasonableness of
any demurrage or detention charges which are the subject of
any complaint proceeding challenging a common

[[Page H930]]

carrier or marine terminal operator demurrage or detention
charges as unjust and unreasonable.
``(f) Penalties for False or Inaccurate Certified Demurrage
or Detention Charges.--In the event of a finding that the
certification under section 41102(e) was inaccurate, or false
after submission under section 41301, penalties under section
41107 shall be applied if the Commission determines, in a
separate enforcement proceeding, such certification was
inaccurate or false.''.
(b) Rulemaking on Detention and Demurrage.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Federal Maritime Commission shall
initiate a rulemaking proceeding to establish rules
prohibiting common carriers and marine terminal operators
from adopting and applying unjust and unreasonable demurrage
and detention rules and practices.
(2) Contents.--The rulemaking under paragraph (1) shall
address the issues identified in the final rule published on
May 18, 2020, titled ``Interpretive Rule on Demurrage and
Detention Under the Shipping Act'' (85 Fed. Reg. 29638),
including the following:
(A) Establishing clear and uniform definitions for
demurrage, detention, cargo availability for retrieval and
associated free time, and other terminology used in the rule.
The definition for cargo availability for retrieval shall
account for government inspections.
(B) Establishing that demurrage and detention rules are not
independent revenue sources but incentivize efficiencies in
the ocean transportation network, including the retrieval of
cargo and return of equipment.
(C) Prohibiting the consumption of free time or collection
of demurrage and detention charges when obstacles to the
cargo retrieval or return of equipment are within the scope
of responsibility of the carrier or their agent and beyond
the control of the invoiced or contracting party.
(D) Prohibiting the commencement or continuation of free
time unless cargo is available for retrieval and timely
notice of cargo availability has been provided.
(E) Prohibiting the consumption of free time or collection
of demurrage charges when marine terminal appointments are
not available during the free time period.
(F) Prohibiting the consumption of free time or collection
of detention charges on containers when the marine terminal
required for return is not open or available.
(G) Requiring common carriers to provide timely notice of--
(i) cargo availability after vessel discharge;
(ii) container return locations; and
(iii) advance notice for container early return dates.
(H) Establishing minimum billing requirements, including
timeliness and supporting information that shall be included
in or with invoices for demurrage and detention charges that
will allow the invoiced party to validate the charges.
(I) Requiring common carriers and marine terminal operators
to establish reasonable dispute resolution policies and
practices.
(J) Establishing the responsibilities of shippers,
receivers, and draymen with respect to cargo retrieval and
equipment return.
(K) Clarifying rules for the invoicing of parties other
than the shipper for any demurrage, detention, or other
similar per container charges, including determining whether
such parties should be billed at all.
(c) Rulemaking on Minimum Service Standards.--Not later
than 90 days after the date of enactment of this Act, the
Commission shall initiate a rulemaking proceeding to
incorporate subsections (d) through (f) of 41104 of title 46,
United States Code, which shall include the following:
(1) The obligation to adopt reasonable rules and practices
related to or connected with the furnishing and allocation of
adequate and suitable equipment, vessel space accommodations,
containers, and other instrumentalities necessary for the
receiving, loading, carriage, unloading and delivery of
cargo.
(2) The duty to perform the contract of carriage with
reasonable dispatch.
(3) The requirement to carry United States export cargo if
such cargo can be loaded safely and timely, as determined by
the Commandant of the Coast Guard, and carried on a vessel
scheduled for such cargo's immediate destination.
(4) The requirement of ocean common carriers to establish
contingency service plans to address and mitigate service
disruptions and inefficiencies during periods of port
congestion and other market disruptions.

SEC. 120010. ASSESSMENT OF PENALTIES.

(a) Assessment of Penalties.--Section 41109 of title 46,
United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or, in addition to or in lieu of a civil
penalty, order the refund of money'' after ``this part''; and
(B) by inserting ``or refund of money'' after ``conditions,
a civil penalty'';
(2) in subsection (c) by inserting ``or refund of money''
after ``civil penalty'';
(3) in subsection (e) by inserting ``or order a refund of
money'' after ``civil penalty''; and
(4) in subsection (f) by inserting ``or who is ordered to
refund money'' after ``civil penalty is assessed''.
(b) Additional Penalties.--Section 41108(a) of title 46,
United States Code, is amended by striking ``section
41104(1), (2), or (7)'' and inserting ``subsections (d) or
(e) of section 41102 or paragraph (1), (2), (7), (14), or
(15) of section 41104(a)''.
(c) Conforming Amendment.--Section 41309 of title 46,
United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or refund of money'' after ``payment of
reparation''; and
(B) by inserting ``or to whom the refund of money was
ordered'' after ``award was made''; and
(2) in subsection (b) by inserting ``or refund of money''
after ``award of reparation''.
(d) Award of Reparations.--Section 41305(c) of title 46,
United States Code, is amended--
(1) by inserting ``or (c)'' after ``41102(b)''; and
(2) by inserting ``, or if the Commission determines that a
violation of section 41102(e) was made willfully or
knowingly'' after ``of this title''.

SEC. 120011. INVESTIGATIONS.

Section 41302 of title 46, United States Code, is amended
by striking ``or agreement'' and inserting ``, agreement,
fee, or charge''.

SEC. 120012. INJUNCTIVE RELIEF.

Section 41307(b) to title 46, United States Code, is
amended--
(1) in paragraph (3)--
(A) in the heading by striking ``and third parties''; and
(B) by striking the second sentence; and
(2) by adding at the end the following:
``(5) Third party intervention.--The court may allow a
third party to intervene in a civil action brought under this
section.''.

SEC. 120013. TECHNICAL AMENDMENTS.

(a) Federal Maritime Commission.--The analysis for chapter
461 of title 46, United States Code, is amended by striking
the first item relating to chapter 461.
(b) Assessment of Penalties.--Section 41109(c) of title 46,
United States Code, is amended by striking ``section 41104(1)
or (2)'' and inserting ``paragraph (1) or (2) of section
41104(a)''.
(c) National Shipper Advisory Committee.--Section
42502(c)(3) of title 46, United States Code is amended by
striking ``Representation'' and all that follows through
``Members'' and inserting ``Representation.--Members''.

SEC. 120014. AUTHORIZATION OF APPROPRIATIONS.

Section 46108 of title 46, United States Code, is amended
by striking ``$29,086,888 for fiscal year 2020 and
$29,639,538 for fiscal year 2021'' and inserting
``$32,603,492 for fiscal year 2022 and $35,863,842 for fiscal
year 2023''.

SEC. 120015. NAS STUDY ON SUPPLY CHAIN INDUSTRY.

(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Transportation shall
seek to enter into an agreement with the National Academy of
Sciences under which the National Academy shall conduct a
study on the United States supply chain that examines data
constraints that impede the flow of maritime cargo and add to
supply chain inefficiencies and that identifies data sharing
systems that can be employed to improve the functioning of
the United States supply chain.
(b) Contents.--The study required under subsection (a)
shall include--
(1) the identification of where bottlenecks or chokepoints
are most prominent within the United States supply chain;
(2) the identification of what common shipping data is
created with each hand-off of a container through the United
States supply chain and how such data is stored and shared;
(3) the identification of critical data elements used by
any entity covered by subsection (c), including the key
elements used for various supply chain business processes;
(4) a review of the methodology used to store, access, and
disseminate shipping data across the United States supply
chain and evaluation of the inefficiencies in such
methodology;
(5) an analysis of existing and potential impediments to
the free flow of information among entities covered by
subsection (c), including--
(A) identification of barriers that prevent carriers,
terminals, and shippers from having access to commercial
data; and
(B) any inconsistencies in--
(i) terminology used across data elements connected to the
shipment, arrival, and unloading of a shipping container; and
(ii) the classification systems used across the United
States supply chain, including inconsistencies in the names
of entities covered by subsection (c), geographical names,
and terminology;
(6) the identification of information to be included in an
improved data sharing system designed to plan, execute, and
monitor the optimal loading and unloading of maritime cargo;
and
(7) the identification of existing software and data
sharing platforms available to facilitate propagation of
information to all agents involved in the loading and
unloading of maritime cargo and evaluate the effectiveness of
such software and platforms if implemented.
(c) Collection of Information.--In conducting the study
required under subsection (a), the National Academy of
Sciences shall collect information from--
(1) vessel operating common carriers and non-vessel
operating common carriers;
(2) marine terminal operators;

[[Page H931]]

(3) commercial motor vehicle operators;
(4) railroad carriers;
(5) chassis providers;
(6) ocean transportation intermediaries;
(7) custom brokers;
(8) freight forwarders;
(9) shippers and cargo owners;
(10) the National Shipper Advisory Committee;
(11) relevant government agencies, such as the Federal
Maritime Commission, the Surface Transportation Board, and
the United States Customs and Border Protection;
(12) to the extent practicable, representatives of foreign
countries and maritime jurisdictions outside of the United
States; and
(13) any other entity involved in the transportation of
ocean cargo and the unloading of cargo upon arrival at a
port.
(d) Facilitation of Data Sharing.--In carrying out the
study under subsection (a), the National Academy of Sciences
may solicit information from any relevant agency relating to
the United States supply chain.
(e) Report.--Not later than 18 months after entering into
an arrangement with the Secretary under subsection (a), the
National Academy of Sciences 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, and make available on a
publicly accessible website, a report containing--
(1) the study required under subsection (a);
(2) the information collected under subsections (b) and
(c), excluding any personally identifiable information or
sensitive business information; and
(3) any recommendations for--
(A) common data standards to be used in the United States
supply chain; and
(B) policies and protocols that would streamline
information sharing across the United States supply chain.

SEC. 120016. TEMPORARY EMERGENCY AUTHORITY.

(a) Public Input on Information Sharing.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Federal Maritime Commission shall
issue a request for information seeking public comment
regarding--
(A) whether congestion of the common carriage of goods has
created an emergency situation of a magnitude such that there
exists a substantial adverse effect on the competitiveness
and reliability of the international ocean transportation
supply system;
(B) whether an emergency order described in subsection (b)
would alleviate such an emergency situation; and
(C) the appropriate scope of such an emergency order, if
applicable.
(2) Consultation.--During the public comment period under
paragraph (1), the Commission may consult, as the Commission
determines to be appropriate, with--
(A) other Federal departments and agencies; and
(B) persons with expertise relating to maritime and freight
operations.
(b) Authority to Issue Emergency Order Requiring
Information Sharing.--On making a unanimous determination
described in subsection (c), the Commission may issue an
emergency order requiring any common carrier or marine
terminal operator to share directly with relevant shippers,
rail carriers, or motor carriers information relating to
cargo throughput and availability, in order to ensure the
efficient transportation, loading, and unloading of cargo to
or from--
(1) any inland destination or point of origin;
(2) any vessel; or
(3) any point on a wharf or terminal.
(c) Description of Determination.--
(1) In general.--A determination referred to in subsection
(b) is a unanimous determination by the Commission that
congestion of common carriage of goods has created an
emergency situation of a magnitude such that there exists a
substantial adverse effect on the competitiveness and
reliability of the international ocean transportation supply
system.
(2) Factors for consideration.--In issuing an emergency
order under subsection (b), the Commission shall ensure that
such order includes parameters relating to temporal and
geographic scope, taking into consideration the likely
burdens on ocean carriers and marine terminal operators and
the likely benefits on congestion relating to the purposes
described in section 40101 of title 46, United States Code.
(d) Petitions for Exception.--
(1) In general.--A common carrier or marine terminal
operator subject to an emergency order issued under this
section may submit to the Commission a petition for exception
from 1 or more requirements of the emergency order, based on
a showing of undue hardship or other condition rendering
compliance with such a requirement impractical.
(2) Determination.--Not later than 21 days after the date
on which a petition for exception under paragraph (1) is
submitted, the Commission shall determine whether to approve
or deny such petition by majority vote.
(3) Inapplicability pending review.--The requirements of an
emergency order that is the subject of a petition for
exception under this subsection shall not apply to a
petitioner during the period for which the petition is
pending.
(e) Limitations.--
(1) Term.--An emergency order issued under this section
shall remain in effect for a period of not longer than 60
days.
(2) Renewal.--The Commission may renew an emergency order
issued under this section for an additional term by a
unanimous determination by the Commission.
(f) Sunset.--The authority provided by this section shall
terminate on the date that is 2 years after the date of
enactment of this Act.
(g) Definitions.--In this section:
(1) Common carrier.--The term ``common carrier'' has the
meaning given such term in section 40102 of title 46, United
States Code.
(2) Motor carrier.--The term ``motor carrier'' has the
meaning given such term in section 13102 of title 49, United
States Code.
(3) Rail carrier.--The term ``rail carrier'' has the
meaning given such term in section 10102 of title 49, United
States Code.
(4) Shipper.--The term ``shipper'' has the meaning given
such term in section 40102 of title 46, United States Code.

The SPEAKER pro tempore. Pursuant to House Resolution 900, the
gentleman from California (Mr. Garamendi) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. GARAMENDI. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, my amendment No. 89 is the Ocean Shipping Reform Act,
H.R. 4996, which the House passed under suspension of the rules on
December 8, 2021.
I introduced this legislation with Congressman Dusty Johnson of South
Dakota last summer to provide the first major overhaul of the Federal
rules for the global ocean shipping industry in nearly a quarter
century. We did this because American exporters have a serious and, in
some cases, an existential problem.
Many exporters cannot get a container to ship their goods. For those
who can get a container, they cannot get it on a ship.
Last Friday, a farmer in my district pleaded for help. His business
depends upon exporting his crop. He had worked with the normal
forwarding and shipping companies to no avail. His words were: ``I will
be out of business. I will lose my market. Help me.''
For months, I have heard similar words from the wine, almond, walnut,
beef, and other industries. I know that my colleague, Congressman
Johnson, has heard the same.
The Ocean Shipping Reform Act is the solution to this problem. And
the House has already acted, passing our bill by a strong bipartisan
vote of 364 yeas to 60 nays.
All but two members of the House Democratic Caucus voted for our
bill, and I am looking for them now to vote on this in a positive way.
Seventy percent of the Republican Conference also voted aye.
In short, this is among the most bipartisan bills considered in the
House this Congress, and it has the potential to get signed into law.
Congressman Johnson and I are offering our Ocean Shipping Reform Act
as an amendment to the America COMPETES Act, the House counterpart to
the U.S.-China competition bill passed by the Senate last summer.
The world has changed greatly since Congress last reformed the
Federal law governing the global ocean shipping industry. In late 2001,
the People's Republic of China was granted permanent normal trade
relations with the United States, the so-called most-favored-nation
status, following that country's admission to the WTO. The United
States' trade imbalance with the People's Republic of China grew from
approximately $83 billion in nominal dollars in 2001 to a trade
imbalance of over $310 billion in 2020, increasing nearly every year.
Our bipartisan legislation in this amendment would better support
American exporters by ensuring reciprocal trade to help reduce the
United States' longstanding trade imbalance with export-driven
countries.
There has also been considerable consolidation among the foreign-
based ocean carriers, coinciding with the continued decline of the
U.S.-flagged international fleet in favor of foreign flags of
convenience. A handful of foreign-flagged ocean carriers now dominate
the global ocean shipping industry. Many of these foreign-flagged
carriers are effectively controlled by foreign governments: China,
Taiwan, and South Korea.
In 2021, as Americans endured monumental port congestion and supply

[[Page H932]]

chain problems, the largest foreign-flagged ocean carriers saw their
profits more than triple over the previous year. Last year, the China
Ocean Shipping Company, COSCO, reported annual profits nine times
greater than the company's earnings in the previous year.
Madam Speaker, I am here today to say, once again, that foreign
exporters' access to the American market and our consumers is a
privilege. It is not a right.
American agricultural exporters and other businesses are willing to
pay to ensure that their products reach the emerging market in the
Asia-Pacific region. In turn, companies looking to off-load foreign-
made products at West Coast ports must provide opportunities for
American exports.
In 2019, America exported more than $21.7 billion in agricultural
products. Our farmers, ranchers, and producers in the Central Valley of
California and throughout the State have worked for decades to unlock
foreign export markets. That hard-won access to those valuable foreign
markets, particularly in East Asia and the Indo-Pacific, is now
threatened by the ocean carriers' anticompetitive and likely illegal
business practices.
Congress must ensure reciprocity in trade with other countries to
reduce the American trade imbalance, particularly with cheap imports
from Asia. Even during the pandemic, trade must be mutually beneficial,
and that is exactly what the Ocean Shipping Reform Act would ensure.
Dozens of agricultural exporters contacted my office, as I have
already said, and the outright refusal of American exports is not
conscionable.
Madam Speaker, I yield back the balance of my time.
Mrs. BICE of Oklahoma. Madam Speaker, I claim the time in opposition,
although I am not opposed.
The SPEAKER pro tempore. Without objection, the gentlewoman is
recognized for 5 minutes.
There was no objection.
Mrs. BICE of Oklahoma. Madam Speaker, this amendment would insert the
text of H.R. 4996, the Ocean Shipping Reform Act of 2021, into the
America COMPETES Act.
The bill passed the House under suspension of the rules with 364
bipartisan votes in December, and I was proud to support the
legislation.
The amendment provides expanded authorities to the Federal Maritime
Commission, which regulates ocean shipping to protect and ensure
fairness for U.S. shippers who import and export items to and from the
U.S.
The amendment helps American shippers operate on a level playing
field by increasing protections for U.S. shippers from retaliation by
foreign shippers who file a complaint with the FMC.
It also prohibits foreign ocean carriers from unreasonably denying
the carriage of U.S. export cargo on foreign ocean carriers' vessels if
such cargo is available, can be loaded safely, and is going to a
destination on the ship's schedule.
This provision is important for agricultural producers in Oklahoma
and across the country who will benefit from increased capacity to ship
production across the globe.
Madam Speaker, I want to thank Congressmen Garamendi and Johnson for
their support of the underlying bill and this amendment, and I urge its
passage.
Madam Speaker, I yield 3 minutes to the gentleman from the Mount
Rushmore State of South Dakota (Mr. Johnson).
Mr. JOHNSON of South Dakota. Madam Speaker, some have suggested that
the supply chain crisis has eased. Now, to be sure, important progress
has been made, but serious problems still exist, and now is not the
time for us to take our foot off the gas.
Notably, although this body has passed the Garamendi-Johnson Ocean
Shipping Reform Act, the Senate has not yet acted. Let's be clear:
Action is needed.
Earlier this week, the dry peas and lentils producers told me that 30
to 40 percent of their shipments are still being canceled by the
foreign-flagged ocean carriers. Now, remember, this is an environment
where 60 percent of the containers that were hauled back to Asia last
year went back empty. They were empty at a time when American
agriculture products were aging and, in some cases, spoiling right
there on the docks.
Carriers are discriminating against American manufactured and
agricultural goods.
This is not a conceptual threat. These practices have already cost
the American dairy industry more than $1.3 billion, and things could
get a lot worse.
Our producers have worked hard to build foreign markets in the
commodities that Mr. Garamendi mentioned as well as beef, beans, corn,
and dairy. If those producers cannot meet their obligations, then
buyers will look elsewhere for food. This has already cost us an
estimated 22 percent of market share for our ag producers. This is
unacceptable.
Now, Mr. Garamendi is right. A functional market has reciprocity. It
also has basic rules of the road, and the Ocean Shipping Reform Act
establishes those basic rules of the road. This amendment would add
OSRA to the underlying bill.
Madam Speaker, I urge a ``yes'' vote on the amendment so that we can
continue to build momentum.
Now, in fact, our partners in the Senate, Amy Klobuchar and John
Thune, are expected to introduce OSRA in their Chamber this week. Yet
another House vote in support of OSRA will send a clear message to
Leader Schumer that our bill should be put on the floor for a vote.
Madam Speaker, we do need to better align the interests of the
foreign-flagged ocean carriers with those of American manufacturers and
American ag producers. That is what this amendment does.
Mrs. BICE of Oklahoma. Madam Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore. Pursuant to House Resolution 900, the
previous question is ordered on the amendment offered by the gentleman
from California.
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Ms. JOHNSON of Texas. Madam Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.

Amendment No. 124 offered by Ms. Jayapal

The SPEAKER pro tempore. It is now in order to consider amendment No.
124 printed in part D of House Report 117-241.
Ms. JAYAPAL. Madam Speaker, I rise today to offer an amendment to the
America COMPETES Act section 60501.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 1498, after line 7, insert the following:
(D) An assessment of--
(i) humanitarian impacts of U.S. and multilateral sanctions
on entities and individuals associated with the current
government of Afghanistan and the freeze of $9.4 billion of
the Afghan central bank's foreign reserves, including
projections regarding potential mortality rate and refugee
outflows;
(ii) the impacts of existing United States and multilateral
laws, regulations, and sanctions on the influence of the
People's Republic of China in Afghanistan; and
(iii) projected impacts on illicit finance activity between
the People's Republic of China and affiliated entities in
Afghanistan in connection with the finances of Afghanistan
and the Taliban in the event of a collapse of the licit
Afghan banking system.

The SPEAKER pro tempore. Pursuant to House Resolution 900, the
gentlewoman from Washington (Ms. Jayapal) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from Washington.
Ms. JAYAPAL. Madam Speaker, I rise today to encourage my colleagues
to vote for my amendment to section 60501 of the America COMPETES Act,
which asks the Treasury Department to study the growth of Chinese
Government influence and illicit finance in Afghanistan.
My amendment would also require the Treasury to examine the
humanitarian impact of U.S. sanctions in Afghanistan, projected
increases in civilian deaths and refugees, and the resulting effect on
additional Chinese Government influence in Afghanistan.

[[Page H933]]

Today's New York Times published a harrowing front-page article
headlined ``Over a Million Flee as Afghanistan's Economy Collapses,''
which reports that for millions already living hand to mouth, Western
sanctions have led to life-threatening hunger across the country as
incomes have dried up and humanitarian aid has been obstructed.
After our withdrawal from Afghanistan, U.S. sanctions on the Taliban
have impacted the broader functioning of the entire Afghan Government,
including schools and hospitals, which cannot buy food for patients or
gas to heat their buildings.
The New York Times reports that, according to aid organizations,
starvation could kill 1 million children this winter. These fatalities
could far exceed civilian deaths resulting from 20 years of war.
The United States has frozen $9.4 billion of the Afghan central
bank's foreign reserves, making it impossible for the country's
financial system to function and threatening to collapse the entire
economy.
U.N. Secretary General Antonio Guterres has pleaded for ``increased
liquidity'' to ``free up frozen currency reserves and reengage
Afghanistan's central bank'' to ``pull the economy back from the
brink.''
Former Republican South Carolina Governor David Beasley, now the head
of the World Food Programme, similarly said that unless those Afghan
central bank funds are unfrozen, ``this country will absolutely
collapse.''
A senior official at the International Red Cross pointedly asked:
``Can the international community hold 39 million people hostage to the
fact that they do not want to recognize the authorities that are now in
place in Kabul and in Afghanistan?''
If appeals from the world's leading humanitarian and aid
organizations on the devastating impacts of current U.S. policy do not
persuade my colleagues, I ask them to consider whether Afghanistan's
economic crisis will pose an opportunity for neighboring China to
expand its influence in the country.

{time} 1315

For those seeking to better understand the Chinese Government's
influence in Afghanistan and the rise of illicit financial transactions
in the country, my amendment would ensure that we have this
information.
I urge my colleagues to support this amendment, which simply requires
additional information on the impact of U.S. sanctions on Afghanistan's
migration, mortality, financial health, and influence from the Chinese
Government.
Madam Speaker, I reserve the balance of my time.
Mrs. BICE of Oklahoma. Madam Speaker, I claim time in opposition.
The SPEAKER pro tempore. The gentlewoman is recognized for 5 minutes.
Mrs. BICE of Oklahoma. Madam Speaker, I rise in strong opposition to
this amendment. The amendment is the latest attempt by Progressives to
undermine efforts to keep money out of the hands of a terrorist
organization.
Following the Biden administration's disastrous withdrawal from
Afghanistan and the Taliban's takeover of the country, the U.S. did
freeze nearly $9.5 billion in assets of the Afghan central bank to
prevent the terrorist organization from accessing the funds.
Other international organizations have taken similar actions. This
amendment attacks such protections made by the U.S. and our
international partners. The package already jeopardizes our national
security by signaling to the Communist leadership in China that we are
not taking our economic competitiveness and technological leadership
seriously.
Now, some of our colleagues on the other side of the aisle are taking
it a step further by attempting to include language that encourages
handing over billions of dollars to a terrorist organization. I am
disappointed an amendment that helps enrich the Taliban is being
considered for inclusion in a so-called international competitiveness
package.
I encourage my colleagues to oppose the amendment, and I reserve the
balance of my time.
Ms. JAYAPAL. Madam Speaker, we join the American people in telling
the President that he did the right thing by finally ending this never-
ending war in Afghanistan.
However, we can't abandon the country and its people. We have to make
sure we get aid to the people of Afghanistan in the wake of our 20-year
war there.
In addition to the moral urgency of reevaluating a set of economic
policies that threaten to harm untold Afghan civilians, including 1
million children, American policymakers deserve to have a complete and
comprehensive picture of what is occurring in Afghanistan, including an
honest understanding of our own actions, their human impacts, and their
political and economic effects.
We must not be afraid to connect the dots. Indeed, this is a pre-
condition to changing U.S. policy when it contributes to outcomes that
contradict our own interests and our own values. Any report on
Afghanistan's financial picture would be gravely incomplete without
also examining current U.S. policies.
I urge my colleagues to vote ``yes'' on this amendment, and I yield
back the balance of my time.
Mrs. BICE of Oklahoma. Madam Speaker, why this particular amendment
is being put into an America COMPETES Act is beyond me. It is
emboldening and empowering our adversaries across the world and,
certainly, with this particular move, you are allowing for terrorist
organizations to access $9.5 billion.
While I recognize the humanitarian crisis, this administration is
responsible for that, candidly.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 900, the
previous question is ordered on the amendment offered by the
gentlewoman from Washington (Ms. Jayapal).
The question is on the amendment offered by the gentlewoman from
Washington (Ms. Jayapal).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mrs. BICE of Oklahoma. Madam Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.

Amendment No. 131 Offered by Mrs. Bice of Oklahoma

The SPEAKER pro tempore. It is now in order to consider amendment No.
131 printed in part D of House Report 117-241.
Mrs. BICE of Oklahoma. Madam Speaker, I rise as the designee of the
gentlewoman from California (Mrs. Kim), and I have an amendment at the
desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 371, after line 6, insert the following:
(y) National Science Foundation Study on Inflation.--
(1) In general.--Not later than 45 days after the date of
enactment of this Act, the Director shall commission a study
to--
(A) measure the economic impact of inflation on the
American people, including an analysis of cost-of-living
impacts;
(B) assess how the increase in inflation has harmed the
American workforce through decreased, less valuable wages;
(C) consider the impact of inflation on American
international competitiveness, particularly as it relates to
offshoring jobs in the manufacturing industry;
(D) evaluate the impact of inflation on rural and
underserved communities throughout the country;
(E) assess the ways inflation at its current trajectory
could impact future American generations; and
(F) make recommendations to Congress on the impact of
further government spending in regards to inflation.
(2) Funding.--Of the funds authorized to carry out this
section, $1,000,000 shall be used to carry out the study
under paragraph (1).
The SPEAKER pro tempore. Pursuant to House Resolution 900, the
gentlewoman from Oklahoma (Mrs. Bice) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Oklahoma.
Mrs. BICE of Oklahoma. Madam Speaker, I strongly support this
amendment, and I thank my fellow Science, Space, and Technology
Committee member, Representative Young Kim, for first authoring this
policy.
According to a recent Gallup Poll, 79 percent of Americans expect
inflation

[[Page H934]]

to continue to rise over the next 6 months. Inflation isn't an abstract
concept. Americans across the country are feeling the pinch every day
at the grocery store, the gas pump, and everywhere else as they buy
goods to support their families.
The Consumer Price Index reported earlier this year that inflation
soared to a record level of 7 percent in 2021, and it only continues to
grow with Democrats' wasteful spending sprees.
The underlying bill we are considering today just continues that
dangerous pattern of reckless spending. Instead of focusing on the
targeted bipartisan investments in basic research that would help
America excel in competition against China, the underlying bill is
filled with partisan slush fund spending.
We need to address the inflation crisis, and it should be top of mind
whenever we consider massive spending bills.
This is why I strongly support this amendment, which directs the
National Science Foundation to commission a study on the impacts of
inflation on the American people, our international competitiveness,
our underserved and rural communities, and our future generations.
As the U.S. economy rebounds from COVID-19, with the national debt at
more than $30 trillion, and inflationary risks rising daily, this
straightforward amendment is sensible, necessary, and timely.
I want to thank my colleague for her work on this important
amendment. I urge a ``yes'' vote, and I reserve the balance of my time.
Ms. JOHNSON of Texas. Madam Speaker, I rise in opposition to the
amendment.
The SPEAKER pro tempore. The gentlewoman is recognized for 5 minutes.
Ms. JOHNSON of Texas. Madam Speaker, I appreciate the colleague's
concern about the impact of inflation on our constituents, especially
those who are already living on the margins. If anything, this should
be a wake-up call to us how far too many Americans are living on the
margins.
But I will not digress further. This amendment, while well-
intentioned, I am sure, is misplaced.
Without question, NSF funds important economic research. In fact,
they have funded nearly all recipients in the history of the Nobel
Prize in economics. So, surely, there are NSF-funded economists who
study some of these questions.
However, this amendment is highly flawed. If the intent is for NSF to
fund researchers through the traditional grant-making process, this
amendment circumvents NSF's gold standard merit-review process. In that
process, the researchers themselves propose the important questions,
which are then reviewed by their peers.
If the intent, on the other hand, is for NSF to commission the
National Academies or some other organization to carry out this study,
the focus is entirely inappropriate.
NSF, and sometimes Congress, do call on the National Academies, or
another respected organization, to carry out studies on particular
topics, but those studies are notable for some key criteria.
First, they are not carrying out original research or data analysis.
They are summarizing the current scientific understanding, as published
in the peer-reviewed literature.
And second, they are providing recommendations that guide NSF's own
decisionmaking in what research topics are highest priority to advance
to the frontiers of science, and the mechanisms to facilitate that
research.
This study meets neither of those essential criteria, not even close.
Perhaps the Bureau of Economic Analysis has some of these data already
and can brief the gentlewoman.
But this is simply inappropriate for the National Science Foundation,
and I must oppose this amendment.
Madam Speaker, I yield back the balance of my time.
Mrs. BICE of Oklahoma. Madam Speaker, in closing, I want to reiterate
my thanks to Representative Kim for her work on the amendment. I urge a
``yes'' vote to my colleagues, and I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 900, the
previous question is ordered on the amendment offered by the
gentlewoman from Oklahoma (Mrs. Bice).
The question is on the amendment offered by the gentlewoman from
Oklahoma (Mrs. Bice).
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mrs. BICE of Oklahoma. Madam Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
The Chair understands that amendment number 171 will not be offered.
Pursuant to clause 1(c) of rule XIX, further consideration of H.R.
4521 is postponed.

____________________