[Congressional Record Volume 170, Number 48 (Tuesday, March 19, 2024)]
[House]
[Pages H1213-H1216]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            OCEAN SHIPPING REFORM IMPLEMENTATION ACT OF 2023

  Mr. JOHNSON of South Dakota. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 1836) to amend title 46, United States Code, to 
make technical corrections with respect to ocean shipping authorities, 
and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1836

       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:

[[Page H1214]]

       ``(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.

[[Page H1215]]

       (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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
South Dakota (Mr. Johnson) and the gentleman from New Jersey (Mr. 
Menendez) each will control 20 minutes.
  The Chair recognizes the gentleman from South Dakota.


                             General Leave

  Mr. JOHNSON of South Dakota. Madam Speaker, I ask unanimous consent 
that all Members may have 5 legislative days in which to revise and 
extend their remarks and to include extraneous material in the Record 
on H.R. 1836.
  The SPEAKER pro tempore (Mrs. Chavez-DeRemer). Is there objection to 
the request of the gentleman from South Dakota?
  There was no objection.
  Mr. JOHNSON of South Dakota. Madam Speaker, I yield myself such time 
as I may consume.
  I am pleased to rise in support of my bill, H.R. 1836, my bill with 
Mr. Garamendi, who has been a partner in this work for years. This bill 
builds upon our work from last Congress to improve our maritime supply 
chain.
  There are three main goals of this bill that I would like to 
highlight. First, our bill seeks to get tough on China. It protects 
U.S. ports and shippers from the influence of the Chinese Communist 
Party, or CCP, by first banning LOGINK and other state-sponsored 
logistics software. Second, it establishes a formal process to report 
complaints against shipping exchanges like the Shanghai Shipping 
Exchange. They will be able to make those reports to the Federal 
Maritime Commission for investigation. Third, the bill directs the U.S. 
DOT to contract an independent auditor to examine the influence of the 
People's Republic of China on the business practices of the Shanghai 
Shipping Exchange and report to Congress.
  The second major thrust of this bill is that it will help streamline 
data sharing throughout the supply chain. It requires the FMC to work 
with industry experts to set a new data standard for maritime freight 
logistics including their ability to contract with an expert third 
party to develop a new standard, if needed.
  Finally, our bill enacts general good government policies. It 
prohibits the FMC from requiring ocean carriers to report duplicative 
information that is already reported to other Federal agencies.
  As I noted at the top of my comments, I do thank my partner, Mr. 
Garamendi. He and I serve on the Transportation and Infrastructure 
Committee and have really had a passion for the ocean supply chain.
  A lot of people wonder why somebody in a landlocked State like South 
Dakota would care so much about maritime law. The reality is that 60 
percent of South Dakota soybeans are exported overseas. South Dakota 
exports $7 billion a year of manufactured and agricultural goods. Madam 
Speaker, that is $7,700 a year for every single South Dakotan. Clearly, 
maritime law matters. Clearly, supply chains matter, and clearly, the 
Ocean Shipping Reform Implementation Act matters.
  Madam Speaker, I urge support of the legislation, and I reserve the 
balance of my time.
  Mr. MENENDEZ. Madam Speaker, I yield myself the balance of my time.
  I rise in support of H.R. 1836, as amended.
  The Ocean Shipping Reform Implementation Act is bipartisan 
legislation championed by my colleagues, Representative Dusty Johnson 
and Representative Garamendi. This bill improves upon the Ocean 
Shipping Reform Act of 2022, which passed into law last Congress.
  Throughout the pandemic, Members of Congress from across the country 
were hearing from shippers in their districts about problems importing 
and exporting cargo. This bill protects American importers and 
exporters, standardizes data, establishes the National Port and 
National Ocean Carrier Advisory Committees, and builds upon efforts to 
improve the resiliency of the U.S. supply chain.
  I thank Representative Dusty Johnson and Representative Garamendi for 
their work on this legislation, and I

[[Page H1216]]

thank Chairman Graves and Ranking Member Larsen for their continued 
support.
  Madam Speaker, the Ocean Shipping Reform Implementation Act is 
bipartisan legislation that will protect American importers and 
exporters and build upon past efforts to improve the resiliency of the 
U.S. supply chain.
  Madam Speaker, I support this bill. I encourage my colleagues to do 
the same, and I yield back the balance of my time.
  Mr. JOHNSON of South Dakota. Madam Speaker, I yield myself the 
balance of my time to close.
  Madam Speaker, I serve on the Select Committee on the Chinese 
Communist Party, and we have heard expert after expert talk to us about 
the Chinese Government working to get coercive economic power over our 
country and, frankly, every other country in the world, and one of the 
primary tools of that push for coercive economic power is data.
  One real focus of this bill before us is that it makes it harder for 
the Chinese Communist Party to be able to use the Shanghai Shipping 
Exchange or the LOGINK platform to be able to gather up all of this 
exquisite data about the world's supply chains and shipping information 
and have it be used against our country and others.
  This also builds upon the strong bipartisan track record that Mr. 
Menendez spoke of, and it will make for a fuller and fairer supply 
chain and ocean shipping environment.
  Madam Speaker, I would urge support of this legislation, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from South Dakota (Mr. Johnson) that the House suspend the 
rules and pass the bill, H.R. 1836, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. JOHNSON of South Dakota. Madam Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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