[House Report 118-218]
[From the U.S. Government Publishing Office]


118th Congress }                                          { REPORT 
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 118-218

======================================================================
 
              OCEAN SHIPPING REFORM IMPLEMENTATION ACT OF 2023

                                _______
                                

 September 26, 2023.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Graves of Missouri, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 1836]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred 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, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     8
Background and Need for Legislation..............................     8
Hearings.........................................................     9
Legislative History and Consideration............................    10
Committee Votes..................................................    13
Committee Oversight Findings and Recommendations.................    14
New Budget Authority and Tax Expenditures........................    14
Congressional Budget Office Cost Estimate........................    14
Performance Goals and Objectives.................................    19
Duplication of Federal Programs..................................    19
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    19
Federal Mandates Statement.......................................    19
Preemption Clarification.........................................    19
Advisory Committee Statement.....................................    20
Applicability to Legislative Branch..............................    20
Section-by-Section Analysis of the Legislation...................    20
Changes in Existing Law Made by the Bill, as Reported............    22

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

                  TITLE I--FEDERAL MARITIME COMMISSION

SEC. 101. PURPOSES.

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

SEC. 102. DEFINITIONS.

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

SEC. 103. COMPLAINTS AGAINST SHIPPING EXCHANGES.

  (a) In General.--Section 40504(c) of title 46, United States Code, is 
amended--
          (1) in the subsection heading by striking ``Exemption'' and 
        inserting ``Exemption and Investigation'';
          (2) by striking the period at the end and inserting ``; 
        and'';
          (3) by striking ``may exempt'' and inserting the following: 
        ``may--
          ``(1) exempt''; and
          (4) by adding at the end the following:
          ``(2) investigate complaints submitted under section 
        40505.''.
  (b) Complaints Against Shipping Exchanges.--Chapter 405 of title 46, 
United States Code, is amended by adding at the end the following:

``Sec. 40505. Complaints against shipping exchanges

  ``(a) In General.--A person may submit to the Federal Maritime 
Commission, and the Commission shall accept, information concerning 
alleged incidents of market manipulation or other anticompetitive 
practices by shipping exchanges registered under section 40504.
  ``(b) Investigation.--Upon receipt of a submission of information 
under subsection (a), the Commission shall promptly investigate the 
accuracy of such information.
  ``(c) Report to Congress.--The Commission shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate the results of any investigation in which 
the Commission finds incidents of market manipulation or 
anticompetitive practices by shipping exchanges registered under 
section 40504.''.
  (c) Clerical Amendment.--The analysis for chapter 405 of title 46, 
United States Code, is amended by adding at the end the following:

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

SEC. 104. REPEAL.

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

SEC. 105. DATA COLLECTION.

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

SEC. 106. NATIONAL ADVISORY COMMITTEES.

  (a) National Shipper Advisory Committee.--Section 42502 of title 46, 
United States Code, is amended--
          (1) in subsection (a) by striking ``Committee.'' and 
        inserting ``Committee (in this section referred to as the 
        `Shipper Committee').'';
          (2) by striking subsection (b);
          (3) by redesignating subsection (c) as subsection (b); and
          (4) in subsection (b), as so redesignated, by striking 
        ``Committee'' each place it appears and inserting ``Shipper 
        Committee''.
  (b) National Port Advisory Committee.--Chapter 425 of title 46, 
United States Code, is amended--
          (1) by redesignating section 42503 as section 42506; and
          (2) by inserting after section 42502 the following:

``Sec. 42503. National Port Advisory Committee

  ``(a) Establishment.--There is established a National Port Advisory 
Committee (in this section referred to as the `Port Committee').
  ``(b) Membership.--
          ``(1) In general.--The Port Committee shall consist of 13 
        members appointed by the Commission in accordance with this 
        section.
          ``(2) Expertise.--Each member of the Port Committee shall 
        have particular expertise, knowledge, and experience in matters 
        relating to the function of the Port Committee.
          ``(3) Representation.--Members of the Port Committee shall be 
        appointed as follows:
                  ``(A) 5 members shall represent marine terminal 
                operators, as defined in section 40102.
                  ``(B) 5 members shall represent port authorities.
                  ``(C) 3 members shall represent longshore and 
                maritime labor.

``Sec. 42504. National Ocean Carrier Advisory Committee

  ``(a) Establishment.--There is established a National Ocean Carrier 
Advisory Committee (in this section referred to as the Carrier 
Committee').
  ``(b) Membership.--
          ``(1) In general.--The Carrier Committee shall consist of 9 
        members appointed by the Commission in accordance with this 
        section.
          ``(2) Expertise.--Each member of the Carrier Committee shall 
        have particular expertise, knowledge, and experience in matters 
        relating to the function of the Committee.
          ``(3) Representation.--Members of the Carrier Committee shall 
        represent ocean carriers serving such seaports and terminals, 
        of which at least three shall be ocean transportation 
        intermediaries (as such term is defined in section 40102)''.

``Sec. 42505. Function

  ``The covered Committees shall advise the Federal Maritime Commission 
on policies relating to the competitiveness, reliability, and 
efficiency of the international ocean freight delivery system.''.
  (c) Conforming Amendments.--
          (1) Definitions.--Section 42501 of title 46, United States 
        Code, is amended by striking paragraph (2) and inserting the 
        following:
          ``(2) Covered committee.--The term `covered Committee' 
        means--
                  ``(A) the National Shipper Advisory Committee 
                established under section 42502;
                  ``(B) the National Seaport Advisory Committee 
                established under section 42503; and
                  ``(C) the National Ocean Carrier Advisory Committee 
                established under section 52504.''.
          (2) Administration.--Section 42506 of title 46, United States 
        Code, as redesignated by subsection (b)(1), is amended--
                  (A) by striking ``The Committee'' each place it 
                appears except in subsection (k) and inserting ``Each 
                covered Committee'';
                  (B) in subsection (a) by striking ``the Committee'' 
                and inserting ``each such Committee'';
                  (C) in subsections (b), (c), (d), (e), (f), and (j) 
                by striking ``the Committee'' each place it appears and 
                inserting ``a covered Committee'';
                  (D) in subsection (h)--
                          (i) in paragraph (1)--
                                  (I) by striking ``Chair of the 
                                Committee'' and inserting ``Chair of 
                                each covered Committee''; and
                                  (II) by striking ``function of the 
                                Committee'' and inserting ``function of 
                                the applicable Committee''; and
                          (ii) in paragraph (2) by striking ``the 
                        Committee'' and inserting ``each covered 
                        Committee'';
                  (E) in subsection (i)--
                          (i) in paragraph (1) by striking ``the 
                        Committee if the function of the Committee'' 
                        and inserting ``any relevant covered Committee 
                        if the function of such Committee'';
                          (ii) in paragraph (2) by striking ``the 
                        Committee'' and inserting ``each such 
                        Committee'';
                          (iii) in paragraph (3)--
                                  (I) by striking ``from the 
                                Committee'' and inserting ``from a 
                                covered Committee''; and
                                  (II) in subparagraph (B) by striking 
                                ``to the Committee'' and inserting ``to 
                                the submitting Committee''; and
                          (iv) in paragraph (4) by striking ``from the 
                        Committee'' and inserting ``from a covered 
                        Committee''; and
                  (F) in subsection (k) by striking ``The Committee'' 
                and inserting ``Covered Committees''.

SEC. 107. ANNUAL REPORT AND PUBLIC DISCLOSURES.

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

SEC. 108. CONTAINERIZED FREIGHT INDEXES.

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

                        TITLE II--OTHER AGENCIES

SEC. 201. DATA STANDARD FOR MARITIME FREIGHT LOGISTICS.

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

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

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

SEC. 203. POLICY WITH RESPECT TO LOGINK.

  (a) In General.--Chapter 503 of title 46, United States Code, is 
amended by adding at the end the following:

``Sec. 50309. Prohibited use

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

``50309. Prohibited use.''.

                    TITLE III--TECHNICAL AMENDMENTS

SEC. 301. TECHNICAL AMENDMENTS.

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

``41107. Monetary penalties or refunds.''.

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

``425. National Advisory Committees.........................   42501''.

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

            ``CHAPTER 425--NATIONAL PORT ADVISORY COMMITTEE

``Sec.
``42501. Definitions.
``42502. National Shipper Advisory Committee.
``42503. National Seaport Advisory Committee.
``42504. National Ocean Carrier Advisory Committee.
``42505. Function.
``42506. Administration.''.

  (h) Annual Report and Public Disclosure.--
          (1) Conforming amendment.--The heading for section 46106 of 
        title 46, United States Code, is amended by inserting ``and 
        public disclosure'' after ``report''.
          (2) Clerical amendment.--The analysis for chapter 461 of 
        title 46, United States Code, is amended by striking the item 
        relating to section 46106 and inserting the following:

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

                         Purpose of Legislation

    The purpose of H.R. 1836, as amended, is to amend title 46, 
United States Code, amending certain regulatory authorities, 
and updating Federal policies governing international ocean 
shipping and limiting foreign influence over United States 
supply chains.

                  Background and Need for Legislation

    During the height of the pandemic, the supply chain faced 
unprecedented strain. With activities and travel limited and 
hindered by COVID-19 spread and government responses, consumers 
repurposed their cash toward manufactured goods and merchandise 
instead of going to the movies, dining out, or other 
activities.\1\ This increased demand for manufactured consumer 
goods, a large part of which are moved by shipping containers, 
strained shipping capacity.\2\ As inventory began to run low, 
manufacturers and retailers pressured shipping companies to 
expeditiously move cargo, as they tried to keep up with the 
outsized demand.
---------------------------------------------------------------------------
    \1\Anshu Siripurapu, What Happened to Supply Chains in 2021, 
Council on Foreign 
Relations, (Dec. 13, 2021) available at https://www.cfr.org/article/
what-happened-supply-chains-202.
    \2\Shipping during COVID-19: Why container freight rates have 
surged, United Nations 
Conference on Trade and Development, (Apr. 23, 2021) available at 
https://unctad.org/news/shipping-during-covid-19-why-container-freight-
rates-have-surged.
---------------------------------------------------------------------------
    The consequence was an imbalance in maritime trade flows. 
Consumer demand in the Western Hemisphere for goods like 
electronics, furniture, and clothes outpaced that of the 
Eastern Hemisphere where many such goods are manufactured.\3\ 
This imbalance drove shipping companies to ship empty 
containers to top Eastern manufacturing countries like China, 
Japan, India, and South Korea, for rapid loading of cargo to be 
transported to countries like the United States, where demand 
for consumer goods surged.\4\ This induced a sharp rise in 
ocean shipping costs creating a seller's market for global 
container shipping and allowing shipping companies to charge 
four to ten times the previously prevailing price to ship 
cargoes.\5\ At its peak, the cost to ship one container from 
China to the United States reached a record high of over 
$20,000.\6\
---------------------------------------------------------------------------
    \3\Roslan Khasawneh & Muyu Xu, China-U.S. container shipping rates 
sale past $20,000 to record, Reuters, (Aug. 5, 2021), available at 
https://www.reuters.com/business/china-us-
container-shipping-rates-sail-past-20000-record-2021-08-05/ 
[hereinafter Khasawneh & Xu].
    \4\See Top 10 Manufacturing Countries in the World, SAFEGUARD 
GLOBAL, (Dec. 20, 2022), available at https://www.safeguardglobal.com/
resources/blog/top-10-manufacturing-countries-in-the-world; see also 
Khasawneh & Xu, supra note 3.
    \5\Khasawneh & Xu, supra note 3.
    \6\Id.
---------------------------------------------------------------------------
    In addition to increased container shipping rates, cargo 
wait times soared as cargo volumes at major United States ports 
rose precipitously. Large ports like the Port of Los Angeles 
and Long Beach experienced long delays for ships waiting to 
berth, at one point reaching a peak of 109 ships in January 
2022.\7\
---------------------------------------------------------------------------
    \7\Paul Berger, Southern California's Notorious Container Ship 
Backup Ends, The Wall St. J., (Oct. 21, 2022), available at https://
www.wsj.com/articles/southern-californias-notorious-
container-ship-backup-ends-11666344603.
---------------------------------------------------------------------------
    In response to the supply chain challenges, Congress 
approved the Ocean Shipping Reform Act of 2022, which was 
signed into law on June 16, 2022.\8\ This law strengthened 
authorities with the Federal Maritime Commission (FMC) to 
promote the growth and development of United States exports 
through an ocean transportation system that is competitive, 
efficient, and economical.\9\ Furthermore, it authorized 
appropriations for FMC through Fiscal Year (FY) 2025; set 
standards for detention and demurrage charges, as well as 
penalties for charges deemed inaccurate; allowed FMC to set 
minimum contract standards for ocean shipping service contracts 
to protect United States shippers from actions which leave 
export cargoes stranded at United States ports; and increased 
protections for United States shippers from retaliation by 
foreign ocean carriers.\10\ The version signed into law stemmed 
from S. 3580. However, prior to S. 3580's introduction, H.R. 
4996, the Ocean Shipping Reform Act of 2021, was introduced in 
the House on August 10, 2021, by Mr. Garamendi of California 
and Mr. Johnson of South Dakota.\11\ The measure was approved 
by the House on December 8, 2021.
---------------------------------------------------------------------------
    \8\Ocean Shipping Reform Act of 2022, Pub. L. No. 117-146.
    \9\Id.
    \10\Id.
    \11\Ocean Shipping Reform Act of 2021, H.R. 4996, 117th Cong 
(2021).
---------------------------------------------------------------------------
    H.R. 1836, as amended, builds upon the Ocean Shipping 
Reform Act of 2022, and further strengthens protections against 
anti-competitive practices that could imperil the United States 
supply chain. The bill also protects against logistics software 
created by companies under the control of the Chinese Communist 
Party that could be used for malicious purposes.

                                Hearings

    For the purposes of rule XIII, clause 3(c)(6)(A) of the 
118th Congress, the following hearings were used to develop or 
consider H.R. 1836:
    On March 23, 2023, the Subcommittee on Coast Guard and 
Maritime Transportation held a hearing entitled, ``Review of 
Fiscal Year 2024 Budget Request for Federal Maritime 
Transportation Programs, and Implementation of the Ocean 
Shipping Reform Act of 2022.'' The hearing examined the 
President's Fiscal Year 2024 Budget Request for the Federal 
Maritime Commission and the Maritime Administration. The 
Subcommittee received testimony from Rear Admiral Ann C. 
Phillips (Ret.), Administrator, United States Maritime 
Administration, United States Department of Transportation; the 
Honorable Daniel B. Maffei, Chairman, United States Federal 
Maritime Commission; and Nancy Wallace, Director, Marine Debris 
Program, Office of Response and Restoration, National Ocean 
Service, National Oceanic and Atmospheric Administration, 
United States Department of Commerce.
    Additionally, on March 28, 2023, the Subcommittee on Coast 
Guard and Maritime Transportation held a hearing entitled, 
``Maritime Transportation Supply Chain Issues.'' The hearing 
examined implementation of the Ocean Shipping Reform Act of 
2022 and continued to examine supply chain issues from the 
stakeholder perspective. The Subcommittee received testimony 
from Bud Darr, Executive Vice President, MSC Group on behalf of 
the World Shipping Council; Matthew Leech, President and Chief 
Executive Officer, Ports America; William H. ``Buddy'' Allen, 
President and Chief Executive Officer, American Cotton Shippers 
Association; and Mario Cordero, Executive Director, Port of 
Long Beach, California.

                 Legislative History and Consideration

    H.R. 1836, the ``Ocean Shipping Reform Implementation Act 
of 2023,'' was introduced in the United States House of 
Representatives on March 28, 2023, by Mr. Johnson of South 
Dakota and Mr. Garamendi of California and referred to the 
Committee on Transportation and Infrastructure. Within the 
Committee on Transportation and Infrastructure, H.R. 1836 was 
referred to the Subcommittee on Coast Guard and Maritime 
Transportation. The Subcommittee on Coast Guard and Maritime 
Transportation was discharged from further consideration of 
H.R. 1836 on May 23, 2023.
    The Committee considered H.R. 1836 on May 23, 2023, and 
ordered the measure to be reported to the House with a 
favorable recommendation, with amendment, by a recorded vote of 
58 yeas to 1 nay.
    The following amendments were offered:
    An Amendment in the Nature of a Substitute to H.R. 1836, as 
amended, offered by Mr. Johnson of South Dakota (#2A) was 
AGREED TO by voice vote.
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 1836, offered by Mr. Garamendi (048) (#2B); Strike 
section 201 and insert the following: 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.; was AGREED TO by voice 
vote.
    An en bloc amendment to the Amendment in the Nature of a 
Substitute to H.R. 1836, offered by Mr. Garamendi (043) (#2C); 
Page 13, after line 6, insert the following: SEC. 109. 
INJUNCTIVE RELIEF BY THE COMMISSION. (a) IN GENERAL.--Section 
41307 of title 46, United States Code, is amended--(1) in the 
heading by striking ``sought''; and (2) in subsection (b)--(A) 
in paragraph (1) by striking ``, may bring a civil'' and all 
that follows through the period at the end of the sentence and 
inserting ``and an opportunity to be heard under expedited 
procedures established by the Commission with due regard for 
confidential or proprietary information, may enjoin the 
operation of the agreement. An injunction under this paragraph 
shall constitute a final order of the Commission.''; (B) by 
striking paragraphs (2) and (3) and inserting the following: 
``(2) THIRD PARTY INTERVENTION.--The Commission may allow a 
third party to intervene in a proceeding before the Commission 
under this subsection.''; and (C) by redesignating paragraph 
(4) as paragraph (3). (b) CLERICAL AMENDMENT.--The item 
relating to section 41307 in the analysis for chapter 413 of 
title 46, United States Code, is amended by striking 
``sought''.; (Garamendi -044) (#2C); Page 13, after line 6, 
insert the following: SEC. 109. MEMORANDUM OF UNDERSTANDING. 
(a) IN GENERAL.--Not later than 180 days after the date of the 
enactment of this Act, the Federal Maritime Commission and the 
Surface Transportation Board shall enter into a Memorandum of 
Understanding regarding the jurisdiction of the Commission for 
demurrage charges for rail storage in the United States under 
service contracts with ocean common carriers with a through 
bill of lading. The memorandum may be updated as necessary 
pursuant to the requirements of this section. (b) 
REQUIREMENTS.--Such memorandum shall ensure that every 
demurrage charge for rail storage is subject to regulation by 
either the Federal Maritime Commission or the Surface 
Transportation Board, including the purchase of rail service in 
the United States pursuant to 49 U.S.C. Sec. 10709 under 
service contracts with ocean common carriers with a through 
bill of lading. (c) PUBLIC NOTICE AND COMMENT.--The Federal 
Maritime Commission and the Surface Transportation Board shall 
publish the draft Memorandum of Under-; and (2) in subsection 
standing required under subsection (a) in the Federal Register 
for a period of public comment of not less than 60 days before 
finalizing such Memorandum. (d) CONGRESSIONAL NOTIFICATION.--
Not less than 30 days before publishing the draft Memorandum of 
Understanding in the Federal Register pursuant to subsection 
(c), the Federal Maritime Commission and the Surface 
Transportation Board shall submit such Memorandum to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate. SEC. 110. INTERMODAL 
TRANSPORTATION SERVICE CONTRACTS. (a) IN GENERAL.--Section 
41104 of title 46, United States Code, is amended by adding at 
the end the following: ``(g) THIRD-PARTY DEMURRAGE OR STORAGE 
CHARGES.--``(1) THROUGH BILLS OF LADING.--A common carrier 
shall be the billing party for third-party demurrage or storage 
charges assessed by such carrier's contractors for any 
container transported under contract with an ocean common 
carrier with a through bill of lading. ``(2) INVOICING.--All 
invoices subject to paragraph (1) shall be issued in accordance 
with the requirements of Subsections (a)(14) and (15), (d), (e) 
and (f) of Section 41104 (of title 46, United States Code).''. 
(b) APPLICABLE REGULATION.--Demurrage charges for rail storage 
under service contracts with ocean common carriers with a 
through bill of lading including the purchase of rail service 
in the United States regulated by the Federal Maritime 
Commission pursuant to the Memorandum of Understanding required 
under section 2 (of this Act) shall be subject to the rule 
finalized by the Federal Maritime Commission pursuant to 
Section 7 (b) of the Ocean Shipping Reform Act of 2022 (Public 
Law 117-146) or successive regulation. SEC. 111. PUBLIC 
AVAILABILITY OF WATER CARRIER TARIFFS. Section 13702(b) of 
title 49, United States Code, is amended--(1) by amending 
paragraph (1) to read as follows: ``(1) TARIFF AVAILABILITY.--A 
carrier providing transportation or service described in 
subsection (a)(1) shall make its tariffs available 
electronically to any person, without time, quantity, or other 
limitation, through appropriate access from remote locations, 
and a reasonable charge may be assessed for such access. No 
charge may be assessed a Federal agency for such access.''; (2) 
in paragraph (3), by striking ``tariff filings'' and inserting 
``tariffs''; (3) in paragraph (4), by striking ``filed under 
this subsection''; and (4) in paragraph (5), by striking 
``filing complete tariffs under this subsection'' and inserting 
``changing their complete electronic tariffs''. SEC. 112. 
TECHNICAL CORRECTIONS. (a) REGISTRATION.--The analysis for 
chapter 139 of title 49, United States Code, is amended in the 
item relating to section 13901 by striking ``Requirement'' and 
inserting ``Requirements''. (b) EFFECTIVE PERIODS OF 
REGISTRATION.--Section 13905(d)(2)(B)(iii) of title 49, United 
States Code, is amended by striking ``for failure''. (c) 
SECURITY OF MOTOR CARRIERS, MOTOR PRIVATE CARRIERS, BROKERS, 
AND FREIGHT FORWARDERS.--Section 13906 of title 49, United 
States Code, is amended--(1) in subsection (a)(1) by striking 
``paragraph (3)'' and inserting ``paragraph (4)'' (2) in 
subsection (b)(7)(C) by striking ``provider'' and inserting 
``provide''; and (3) in subsection (c)(2)(A)(ii) by inserting 
``that'' after ``in the case''. (d) UNIFIED CARRIER 
REGISTRATION SYSTEM PLAN AND AGREEMENT.--Section 14504a of 
title 49, United States Code, is amended--(1) in subsection (b) 
by striking ``13903(b)'' and inserting ``13903(d)''; and (2) in 
subsection (c)(2) by inserting ``for'' after ``fee or tax''.; 
was WITHDRAWN.
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 1836, offered by Mr. Perry (180) (#2D); Strike section 
101 of the bill (and redesignate accordingly).; was NOT AGREED 
TO by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against.

Committee on Transportation and Infrastructure Roll Call Vote No. 008

    On: agreeing to Final passage of H.R. 1836, as amended
    Agreed to: 58 yeas and 1 nay.

----------------------------------------------------------------------------------------------------------------
                     Member                           Vote                    Member                    Vote
----------------------------------------------------------------------------------------------------------------
Mr. Graves of MO................................          Yea   Mr. Larsen of WA..................          Yea
Mr. Crawford....................................          Yea   Ms. Norton........................          Yea
Mr. Webster of FL...............................          Yea   Mrs. Napolitano...................  ............
Mr. Massie......................................          Yea   Mr. Cohen.........................          Yea
Mr. Perry.......................................          Nay   Mr. Garamendi.....................          Yea
Mr. Babin.......................................          Yea   Mr. Johnson of GA.................          Yea
Mr. Graves of LA................................  ............  Mr. Carson........................          Yea
Mr. Rouzer......................................          Yea   Ms. Titus.........................          Yea
Mr. Bost........................................          Yea   Mr. Huffman.......................          Yea
Mr. LaMalfa.....................................          Yea   Ms. Brownley......................          Yea
Mr. Westerman...................................          Yea   Ms. Wilson of FL..................          Yea
Mr. Mast........................................          Yea   Mr. Payne.........................          Yea
Mrs. Gonzalez-Colon.............................          Yea   Mr. DeSaulnier....................          Yea
Mr. Stauber.....................................          Yea   Mr. Carbajal......................          Yea
Mr. Burchett....................................          Yea   Mr. Stanton.......................          Yea
Mr. Johnson of SD...............................          Yea   Mr. Allred........................          Yea
Mr. Van Drew....................................          Yea   Ms. Davids of KS..................          Yea
Mr. Nehls.......................................  ............  Mr. Garcia of IL..................          Yea
Mr. Gooden of TX................................          Yea   Mr. Pappas........................  ............
Mr. Mann........................................          Yea   Mr. Moulton.......................          Yea
Mr. Owens.......................................          Yea   Mr. Auchincloss...................          Yea
Mr. Yakym.......................................          Yea   Ms. Strickland....................          Yea
Mrs. Chavez-DeRemer.............................          Yea   Mr. Carter of LA..................          Yea
Mr. Edwards.....................................          Yea   Mr. Ryan..........................          Yea
Mr. Kean of NJ..................................  ............  Mrs. Peltola......................          Yea
Mr. D'Esposito..................................          Yea   Mr. Menendez......................          Yea
Mr. Burlison....................................          Yea   Ms. Hoyle of OR...................          Yea
Mr. James.......................................          Yea   Mrs. Sykes........................          Yea
Mr. Van Orden...................................          Yea   Ms. Scholten......................  ............
Mr. Williams of NY..............................          Yea   Mrs. Foushee......................          Yea
Mr. Molinaro....................................          Yea
Mr. Collins.....................................          Yea
Mr. Ezell.......................................          Yea
Mr. Duarte......................................          Yea
Mr. Bean of FL..................................          Yea
----------------------------------------------------------------------------------------------------------------

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 1836, as amended, 
from the Director of the Congressional Budget Office:




    Summary: On May 23, 2023, the House Committee on 
Transportation and Infrastructure considered multiple pieces of 
legislation. This document provides estimates for 12 bills that 
were ordered reported.
    The bills would, among other things, direct the Department 
of Transportation (DOT) or the Federal Maritime Commission to:
           Prioritize grant applications for projects 
        that would improve the resiliency of the supply chain 
        and revise the permitting process for certain port, 
        airport, and pipeline projects, with the goal of 
        accelerating approval;
           Change restrictions on the type, size, and 
        weight of vehicles that can travel on the Interstate 
        highways; and
           Require data collection and new studies 
        aimed at improving the safety and efficiency of 
        domestic transportation systems.
    Estimated Federal cost: The bills' estimated budgetary 
effects are shown in Table 1. This cost estimate does not 
include any effects of interaction among the bills. If all 12 
bills were combined and enacted as a single piece of 
legislation, the effects could be different from the sum of the 
separate estimates, although CBO expects that any differences 
would be small. The bills' costs fall within budget function 
400 (transportation).

                      TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF THE SUPPLY CHAIN LEGISLATION
----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, millions of dollars--
                                                      ----------------------------------------------------------
                                                        2023    2024    2025    2026    2027    2028   2023-2028
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
H.R. 1500, Intelligent Transportation Integration
 Act:
    Estimated Authorization..........................       0       6       6       6       6       7        31
    Estimated Outlays................................       0       5       6       6       6       7        30
H.R. 1836, Ocean Shipping Reform Implementation Act
 of 2023:
    Estimated Authorization..........................       0       1       1       1       2       2         7
    Estimated Outlays................................       0       1       1       1       2       2         7
----------------------------------------------------------------------------------------------------------------
CBO estimates that H.R. 915, H.R. 2948, H.R. 3013, H.R. 3316, H.R. 3318, H.R. 3365, H.R. 3372, H.R. 3395, and
  H.R. 3447, would each increase spending subject to appropriation by less than $500,000 in every year and over
  the 2023-2028 period.
CBO estimates that H.R. 3316, H.R. 3317, and H.R. 3365 would each affect direct spending by less than $500,000
  in every year and over the 2023-2033 period.

    Basis of estimate: For this estimate, CBO assumes that the 
bills will be enacted near the end of fiscal year 2023 and that 
the authorized and estimated amounts will be appropriated each 
year. Outlays for discretionary programs are estimated based on 
historical spending patterns for similar programs.
    As discussed below, one bill would affect direct spending 
only and two bills would affect both direct spending and 
spending subject to appropriation. CBO estimates that the 
effects of each bill on direct spending would be insignificant 
over the 2023-2033 period. The other bills would affect 
spending subject to appropriation alone. None of the bills 
would affect revenues.
    Bill that affects direct spending only: CBO estimates that 
just one bill would have an insignificant effect on direct 
spending and no effects on revenues or spending subject to 
appropriation.
    H.R. 3317, the Rolling Stock Protection Act, would remove 
an exemption from current law that allows a small number of 
public transit agencies to procure rolling stock from entities 
owned, controlled, or associated with certain countries. CBO 
estimates that enacting the bill could change the pace of 
spending for amounts previously appropriated for the Federal 
Transit Administration's Capital Investment Grants, relative to 
current law. (Those amounts could include funds that were 
designated as an emergency requirement under the Infrastructure 
Investment and Jobs Act.) However, because few transit agencies 
would be affected, CBO expects that any changes in spending 
would total less than $500,000 in any year and over the 2023-
2033 period.
    Bills that affect direct spending and spending subject to 
appropriation: CBO estimates that two bills could have 
insignificant effects on direct spending and spending subject 
to appropriation but would not affect revenues.
    H.R. 3316, a bill to amend titles 46 and 49, United States 
Code, to streamline the environmental review process for major 
projects, and for other purposes, would require DOT to revise 
the permitting process for certain port, airport, and pipeline 
projects, with the aim of making the process more efficient. 
The bill also would require DOT to maintain a database of 
projects and to update agency regulations.
    Under current law, if an agency fails to meet certain 
permitting deadlines, specified amounts of funding would be 
rescinded from that agency's account. Because the bill would 
expand the number of projects subject to those conditions, 
enacting H.R.3316 could reduce direct spending. CBO estimates 
that any effect would not be significant over the 2023-2033 
period because of the small number of projects likely to be 
affected.
    CBO estimates that implementing the bill would increase 
spending subject to appropriation by less than $500,000 over 
the 2023-2028 period, mostly for administrative activities.
    H.R. 3365, the Supply Chain Improvement Act, would direct 
DOT to prioritize consideration of grant applications for 
projects aimed at improving resiliency in the supply chain, 
unless those projects support the use of electric vehicles. In 
particular, the requirement would apply to grants under the 
Nationally Significant Multimodal Freight and Highway Projects 
program (known as the INFRA grant program) and the National 
Infrastructure Project Assistance program. The bill would 
increase the share of INFRA grants that could be used for 
intermodal freight rail projects.
    The Infrastructure Investment and Jobs Act provided $21 
billion for those two programs over the 2022-2026 period. (The 
appropriated amounts were designated as an emergency 
requirement.) CBO estimates that H.R. 3365 could alter the 
spending patterns for those previously appropriated amounts, 
which would be recorded as changes in direct spending. CBO 
estimates that, on net, those changes would amount to less than 
$500,000 in any year and over the 2023-2033 period.
    H.R. 3365 also would direct the Government Accountability 
Office to report on the effects of electric vehicles in several 
areas, including infrastructure integrity and grid security. 
The bill also would prevent agencies from prioritizing any 
project seeking to use grants that would support electric 
vehicles until a subsequent act of Congress has been passed 
allowing such prioritization. Using information about similar 
reports, CBO estimates that the report would cost less than 
$500,000 over the 2023-2028 period; such spending would be 
subject to the availability of appropriated amounts.
    Bills that affect spending subject to appropriation by a 
significant amount: CBO estimates that two bills would affect 
spending subject to appropriation by more than $500,000 over 
the 2023-2028 period. The costs for those two bills are shown 
in Table 1. Neither bill would affect direct spending or 
revenues.
    H.R. 1500, the Intelligent Transportation Integration Act, 
would require DOT to purchase certain data from public and 
private entities to help improve the department's management of 
traffic and transportation infrastructure. DOT would be 
required to report to the Congress annually on those 
activities. Using information from the agency about similar 
contracting activities, CBO estimates that implementing H.R. 
1500 would cost $30 million over the 2023-2028 period, assuming 
appropriation of the estimated amounts.
    H.R. 1836, the Ocean Shipping Reform Implementation Act of 
2023, would create additional administrative and reporting 
requirements for the Federal Maritime Commission, including a 
requirement to issue two new regulations and publish a study. 
The bill also would establish two advisory committees to assist 
the commission in creating policies to ensure competitiveness, 
reliability, and efficiency in international ocean shipping.
    Using information on similar administrative requirements 
and accounting for anticipated inflation, CBO estimates that 
implementing H.R. 1836 would cost $7 million over the 2023-2028 
period; any spending would be subject to the availability of 
appropriated amounts.
    Bills that affect spending subject to appropriation by an 
insignificant amount: CBO estimates that implementing the 
following seven bills would cost less than $500,000 each over 
the 2023-2028 period. None of the bills would affect direct 
spending or revenues.
    H.R. 915, the Motor Carrier Safety Selection Standard Act, 
would create new standards for certain motor carriers that 
transport goods, require DOT to update regulations to be 
consistent with those standards, and direct the department to 
stipulate the method for revoking a motor carrier's 
registration.
    H.R. 2948, the CARS Act, would require states to allow 
certain stinger-steered automobile transporters to operate on 
Interstate highways. (Such transporters have a fifth wheel 
located below the rear-most axle of the power unit.)
    H.R. 3013, the LICENSE Act of 2023, would require DOT to 
issue regulations updating the qualifications to be a 
commercial driver's license examiner. The bill also would allow 
states to administer those tests to out-of-state applicants.
    H.R. 3318, a bill to amend title 23, United States Code, to 
establish an axle weight tolerance for certain commercial motor 
vehicles transporting dry bulk goods, and for other purposes, 
would increase the maximum weight per axle that a commercial 
vehicle transporting dry bulk goods can carry on an Interstate 
highway. The bill would not change the overall gross vehicle 
weight limits for such vehicles.
    H.R. 3372, a bill to amend title 23, United States Code, to 
establish a safety data collection program for certain 6-axle 
vehicles, and for other purposes, would create a pilot program 
allowing certain six-axle vehicles to be operated on Interstate 
highways. Under the bill, participating states would issue 
permits by vehicle or by group of vehicles that would specify 
acceptable routes and require permit holders to report on 
accidents and other details. The program would be discontinued 
after five years, although DOT could extend the program for 
five years.
    H.R. 3395, the U.S. Supply Chain Security Review Act of 
2023, would require the Federal Maritime Commission to study 
the effects of foreign ownership of domestic marine terminals 
on U.S. economic security and report those findings to the 
Congress.
    H.R. 3447, a bill to amend title 23, United States Code, to 
authorize a hydrogen powered vehicle to exceed certain weight 
limits on the Interstate Highway System, and for other 
purposes, would authorize hydrogen-powered vehicles to exceed 
certain weight limits specified under current law.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. Over the 2023-2033 period, CBO estimates that none of 
the bills would increase direct spending by more than $500,000.
    Increase in long-term net direct spending and deficits: 
None.
    Mandates: None.
    Estimate prepared by: Federal Costs: Aaron Krupkin (for 
Federal Maritime Commission), Robert Reese (for Department of 
Transportation), Mandates: Brandon Lever.
    Estimate reviewed by: Susan Willie, Chief, Natural and 
Physical Resources Cost Estimates Unit, Kathleen FitzGerald, 
Chief, Public and Private Mandates Unit; H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.
    Estimate approved by: Phillip L. Swagel, Director, 
Congressional Budget Office.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to amend 
title 46, United States Code, with respect to certain 
authorities which regulate ocean shipping, and to make 
technical corrections with respect to ocean shipping 
authorities.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 1836, as amended, establishes or reauthorizes a program 
of the Federal government known to be duplicative of another 
Federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee finds that H.R. 1836 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    Section 5(b) of the Federal Advisory Committee Act requires 
the report of any Committee establishing, or authorizing the 
establishment of any advisory committee, to include a statement 
as to whether the functions of the proposed advisory committee 
are being or could be performed by one or more agencies or by 
an advisory committee already in existence, or by enlarging the 
mandate of an existing advisory committee. The Committee finds 
that the National Port Advisory Committee and the National 
Ocean Carrier Advisory Committee established by Sec. 106 of 
H.R. 1836, as amended, do not duplicate the work of existing 
federal advisory committees.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

             Section-by-Section Analysis of the Legislation


Section 1. Short title

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

                  TITLE I--FEDERAL MARITIME COMMISSION

Section 101. Purposes

    This section updates the purposes of the Act to better 
reflect current Federal policy governing international ocean 
shipping and establishes reciprocal trade as part of Federal 
Maritime Commission's (FMC's or Commission's) mission in 
enforcing the Act.

Section 102. Definitions

    This section amends the definition of ``controlled 
carrier'' in section 40102 of title 46, United States Code, to 
include state-controlled enterprises in non-market economies, 
like the People's Republic of China.

Section 103. Complaints against shipping exchanges

    This section establishes a formal process for reporting 
alleged incidents of market manipulation and anti-competitive 
practices by shipping exchanges to the FMC for investigation.

Section 104. Repeal

    This section repeals the exception in current law for the 
application of Federal Maritime Commission rules for controlled 
carriers of a foreign company which are entitled by treaty of 
the United States to receive National or most-favored-nation 
treatment, or as in trade served solely by controlled carriers.

Section 105. Data collection

    This section prohibits the FMC from requiring ocean 
carriers to report information already reported to other 
Federal agencies unless the otherwise reported information is 
not reported in manner which the Commission requires to meet 
statutory deadlines for publishing data.

Section 106. National advisory committees

    This section establishes a Federal Maritime Commission 
National Port Advisory Committee comprised of port authorities, 
marine terminal operators, and maritime labor, and establishes 
a National Ocean Carrier Advisory Committee comprised of ocean 
carriers and ocean transportation intermediaries. This section 
provides ports, marine terminal operators, and ocean carriers 
the same ability to advise the Federal Maritime Commission as 
shippers were provided in the National Shippers Advisory 
Committee established by the Ocean Shipping Reform Act of 2022.

Section 107. Annual report and public disclosures

    This section adds to the FMC's annual report to Congress an 
analysis of any anticompetitive business practices or 
nonreciprocal trade practices exacerbating the United States' 
trade imbalance with foreign exporting countries. The section 
also requires the Federal Maritime Commission to publish 
results of its Vessel-Operating Common Carrier Audit Program 
established in July 2021 in the Commission's annual report to 
Congress and directs the Federal Maritime Commission to publish 
online all penalties imposed on both marine terminal operators 
and ocean carriers.

Section 108. Containerized freight indexes

    This section directs the FMC to set Federal standards for 
price indexes for containerized freight published by shipping 
exchanges, like the New York Shipping Exchange.

                        TITLE II--OTHER AGENCIES

Section 201. Data standard for maritime freight logistics

    This section directs the FMC to establish voluntary data 
standards for maritime freight logistics. The section also 
allows the Secretary of Transportation to require adoption of 
the data standard by port authorities and other entities as a 
condition for receiving Federal Port Infrastructure Development 
Grants or other grants from the Maritime Administration.

Section 202. Independent study and report on Shanghai Shipping Exchange

    This section directs the United States Department of 
Transportation to contract with 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.

Section 203. Policy with respect to LOGINK

    This section bans covered recipients, including the United 
States territories, that receive Federal grant dollars from 
using the Chinese state-sponsored National Transportation 
Logistics Public Information Platform (LOGINK) and similar 
state-controlled software.

                    TITLE III--TECHNICAL AMENDMENTS

Section 301. Technical amendments

    This section corrects typos, errors, and citations in 
current law pertaining to the Federal Maritime Commission or 
subtitle IV, Regulation of Ocean Shipping, of title 46, United 
States Code.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 46, UNITED STATES CODE




           *       *       *       *       *       *       *
SUBTITLE II--VESSELS AND SEAMEN

           *       *       *       *       *       *       *


PART K--NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES

           *       *       *       *       *       *       *


CHAPTER 151--NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES

           *       *       *       *       *       *       *



Sec. 15109. Administration

  (a) Meetings.--
          (1) In general.--Except as provided in paragraph (2), 
        each committee established under this chapter or to 
        which this chapter applies shall, at least once each 
        year, meet at the call of the Secretary or a majority 
        of the members of the committee.
          (2) Minimum requirements.--The committee established 
        under section [15102,] 15102 shall--
                  (A) meet in-person, not less frequently than 
                twice each year, at the call of the Secretary 
                of a majority of the members of the committee;
                  (B) hold additional meetings as necessary;
                  (C) post the minutes of each meeting of the 
                committee on a publicly available website not 
                later than 2 weeks after the date on which a 
                meeting concludes; and
                  (D) provide reasonable public notice of any 
                meeting of the committee, and publish such 
                notice in the Federal Register and on a 
                publicly available website.
  (b) Employee Status.--A member of a committee established 
under this chapter or to which this chapter applies shall not 
be considered an employee of the Federal Government by reason 
of service on such committee, except for the purposes of the 
following:
          (1) Chapter 81 of title 5.
          (2) Chapter 171 of title 28 and any other Federal law 
        relating to tort liability.
  (c) Compensation.--Notwithstanding subsection (b), a member 
of a committee established under this chapter or to which this 
chapter applies, when actually engaged in the performance of 
the duties of such committee, may--
          (1) receive compensation at a rate established by the 
        Secretary, not to exceed the maximum daily rate payable 
        under section 5376 of title 5; or
          (2) if not compensated in accordance with paragraph 
        (1)--
                  (A) be reimbursed for actual and reasonable 
                expenses incurred in the performance of such 
                duties; or
                  (B) be allowed travel expenses, including per 
                diem in lieu of subsistence, as authorized by 
                section 5703 of title 5.
  (d) Acceptance of Volunteer Services.--A member of a 
committee established under this chapter or to which this 
chapter applies may serve on such committee on a voluntary 
basis without pay without regard to section 1342 of title 31 or 
any other law.
  (e) Status of Members.--
          (1) In general.--Except as provided in paragraph (2), 
        with respect to a member of a committee established 
        under this chapter or to which this chapter applies 
        whom the Secretary appoints to represent an entity or 
        group--
                  (A) the member is authorized to represent the 
                interests of the applicable entity or group; 
                and
                  (B) requirements under Federal law that would 
                interfere with such representation and that 
                apply to a special Government employee (as 
                defined in section 202(a) of title 18), 
                including requirements relating to employee 
                conduct, political activities, ethics, 
                conflicts of interest, and corruption, do not 
                apply to the member.
          (2) Exception.--Notwithstanding subsection (b), a 
        member of a committee established under this chapter or 
        to which this chapter applies shall be treated as a 
        special Government employee for purposes of the 
        committee service of the member if--
                  (A) the Secretary appointed the member to 
                represent the general public; or
                  (B) the member, without regard to service on 
                the committee, is a special Government 
                employee.
  (f) Service on Committee.--
          (1) Solicitation of nominations.--Before appointing 
        an individual as a member of a committee established 
        under this chapter or to which this chapter applies, 
        the Secretary shall publish, in the Federal Register, a 
        timely notice soliciting nominations for membership on 
        such committee.
          (2) Appointments.--
                  (A) In general.--After considering 
                nominations received pursuant to a notice 
                published under paragraph (1), the Secretary 
                may, as necessary, appoint a member to the 
                applicable committee established under this 
                chapter or to which this chapter applies.
                  (B) Prohibition.--The Secretary shall not 
                seek, consider, or otherwise use information 
                concerning the political affiliation of a 
                nominee in making an appointment to any 
                committee established under this chapter or to 
                which this chapter applies.
          (3) Service at pleasure of the secretary.--
                  (A) In general.--Each member of a committee 
                established under this chapter or to which this 
                chapter applies shall serve at the pleasure of 
                the Secretary.
                  (B) Exception.--Notwithstanding subparagraph 
                (A), a member of the committee established 
                under section 15102 may only be removed prior 
                to the end of the term of that member for just 
                cause.
          (4) Security background examinations.--The Secretary 
        may require an individual to have passed an appropriate 
        security background examination before appointment to a 
        committee established under this chapter or to which 
        this chapter applies.
          (5) Prohibition.--
                  (A) In general.--Except as provided in 
                subparagraph (B), a Federal employee may not be 
                appointed as a member of a committee 
                established under this chapter or to which this 
                chapter applies.
                  (B) Special rule for national merchant marine 
                personnel advisory committee.--The Secretary 
                may appoint a Federal employee to serve as a 
                member of the National Merchant Marine 
                Personnel Advisory Committee to represent the 
                interests of the United States Merchant Marine 
                Academy and, notwithstanding paragraphs (1) and 
                (2), may do so without soliciting, receiving, 
                or considering nominations for such 
                appointment.
          (6) Terms.--
                  (A) In general.--The term of each member of a 
                committee established under this chapter or to 
                which this chapter applies shall expire on 
                December 31 of the third full year after the 
                effective date of the appointment.
                  (B) Continued service after term.--When the 
                term of a member of a committee established 
                under this chapter or to which this chapter 
                applies ends, the member, for a period not to 
                exceed 1 year, may continue to serve as a 
                member until a successor is appointed.
          (7) Vacancies.--A vacancy on a committee established 
        under this chapter or to which this chapter applies 
        shall be filled in the same manner as the original 
        appointment.
          (8) Special rule for reappointments.--
                  (A) Reappointment.--Notwithstanding 
                paragraphs (1) and (2), the Secretary may 
                reappoint a member of a committee established 
                under this chapter or to which this chapter 
                applies for any term, other than the first term 
                of the member, without soliciting, receiving, 
                or considering nominations for such 
                appointment.
                  (B) Limitation.--With respect to the 
                committee established under section 15102, 
                members may serve not more than 3 terms.
  (g) Staff Services.--The Secretary shall furnish to each 
committee established under this chapter or to which this 
chapter applies any staff and services considered by the 
Secretary to be necessary for the conduct of the committee's 
functions.
  (h) Chairman; Vice Chairman.--
          (1) In general.--Each committee established under 
        this chapter or to which this chapter applies shall 
        elect a Chairman and Vice Chairman from among the 
        committee's members.
          (2) Vice chairman acting as chairman.--The Vice 
        Chairman shall act as Chairman in the absence or 
        incapacity of, or in the event of a vacancy in the 
        office of, the Chairman.
  (i) Subcommittees and Working Groups.--
          (1) In general.--The Chairman of a committee 
        established under this chapter or to which this chapter 
        applies may establish and disestablish subcommittees 
        and working groups for any purpose consistent with the 
        function of the committee.
          (2) Participants.--Subject to conditions imposed by 
        the Chairman, members of a committee established under 
        this chapter or to which this chapter applies and 
        additional individuals drawn from entities or groups 
        designated by this chapter to be represented on the 
        committee or the general public may be assigned to 
        subcommittees and working groups established under 
        paragraph (1).
          (3) Chair.--Only committee members may chair 
        subcommittees and working groups established under 
        paragraph (1).
  (j) Consultation, Advice, Reports, and Recommendations.--
          (1) Consultation.--
                  (A) In general.--Before taking any 
                significant action, the Secretary shall consult 
                with, and consider the information, advice, and 
                recommendations of, a committee established 
                under this chapter or to which this chapter 
                applies if the function of the committee is to 
                advise the Secretary on matters related to the 
                significant action.
                  (B) Inclusion.--For purposes of this 
                paragraph, regulations proposed under chapter 
                45 of this title are significant actions.
          (2) Advice, reports, and recommendations.--Each 
        committee established under this chapter or to which 
        this chapter applies shall submit, in writing, to the 
        Secretary its advice, reports, and recommendations, in 
        a form and at a frequency determined appropriate by the 
        committee.
          (3) Explanation of actions taken.--Not later than 60 
        days after the date on which the Secretary receives 
        recommendations from a committee under paragraph (2), 
        the Secretary shall--
                  (A) publish the recommendations on a website 
                accessible at no charge to the public;
                  (B) if the recommendations are from the 
                committee established under section 15102, 
                establish a mechanism for the submission of 
                public comments on the recommendations;
                  (C) respond, in writing, to the committee 
                regarding the recommendations, including by 
                providing an explanation of actions taken 
                regarding the recommendations; and
                  (D) make all responses required by 
                subparagraph (C) which are related to 
                recommendations made by the committee 
                established under section 15102 available to 
                the public not later than 30 days after the 
                date of response.
          (4) Submission to congress.--
                  (A) In general.--The Secretary 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 advice, 
                reports, and recommendations received from 
                committees under paragraph (2).
                  (B) Additional submission.--With respect to a 
                committee established under section 70112 and 
                to which this section applies, the Secretary 
                shall submit the advice, reports, and 
                recommendations received from the committee 
                under paragraph (2) to the Committee on 
                Homeland Security of the House of 
                Representatives in addition to the committees 
                specified in subparagraph (A).
  (k) Observers.--
          (1) In general.--Any Federal agency with matters 
        under such agency's administrative jurisdiction related 
        to the function of a committee established under this 
        chapter or to which this chapter applies may designate 
        a representative to--
                  (A) attend any meeting of such committee; and
                  (B) participate as an observer at meetings of 
                such committee that relate to such a matter.
          (2) National commercial fishing safety advisory 
        committee.--With respect to the committee established 
        under section 15102, the Commandant of the Coast Guard 
        shall designate a representative under paragraph (1).
  (l) Technical Assistance.--
          (1) In general.--The Secretary shall provide 
        technical assistance to the Committee if requested by 
        the Chairman.
          (2) Committee consultation.--With respect to the 
        committee established under section 15102, the Chairman 
        of the committee shall seek expertise from the fishing 
        industry, marine safety experts, the shipbuilding 
        industry, and others as the committee determines 
        appropriate.
  (m) Termination.--Each committee established under this 
chapter or to which this chapter applies shall terminate on 
September 30, 2029.
  (n) Savings Clause.--Nothing in this section shall preclude 
the Secretary from taking emergency action to ensure safety and 
preservation of life at sea.

           *       *       *       *       *       *       *


               SUBTITLE IV--REGULATION OF OCEAN SHIPPING

                         PART A--Ocean Shipping

Chap.                                                               Sec.
      General......................................................40101
     * * * * * * *

              PART B--Actions To Address Foreign Practices

     * * * * * * *
      National Shipprer Advisory Committee........................42501]
42501ational Advisory Committees......................................

           *       *       *       *       *       *       *


PART A--OCEAN SHIPPING

           *       *       *       *       *       *       *


CHAPTER 401--GENERAL

           *       *       *       *       *       *       *



Sec. 40101. Purposes

  The purposes of this part are to--
          (1) establish a nondiscriminatory regulatory process 
        for the common carriage of goods by water in the 
        foreign commerce of the United States [with a minimum 
        of government intervention and regulatory costs];
          (2) ensure an efficient, competitive, and economical 
        transportation system [in the ocean commerce of the 
        United States] for the common carriage of goods by 
        water in the foreign commerce of the United States ;
          (3) encourage the development of an economically 
        sound and efficient liner fleet of vessels of the 
        United States capable of meeting national security 
        needs and supporting commerce; [and]
          (4) [promote] support the growth and development of 
        United States exports through a competitive and 
        efficient system for the 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. 40102. Definitions

  In this part:
          (1) Agreement.--The term ``agreement''--
                  (A) means a written or oral understanding, 
                arrangement, or association, and any 
                modification or cancellation thereof; but
                  (B) does not include a maritime labor 
                agreement.
          (2) Antitrust laws.--The term ``antitrust laws'' 
        means--
                  (A) the Sherman Act (15 U.S.C. 1 et seq.);
                  (B) sections 73 and 74 of the Wilson Tariff 
                Act (15 U.S.C. 8, 9);
                  (C) the Clayton Act (15 U.S.C. 12 et seq.);
                  (D) the Act of June 19, 1936 (15 U.S.C. 13, 
                13a, 13b, 21a);
                  (E) the Federal Trade Commission Act (15 
                U.S.C. 41 et seq.);
                  (F) the Antitrust Civil Process Act (15 
                U.S.C. 1311 et seq.); and
                  (G) Acts supplementary to those Acts.
          (3) Assessment agreement.--The term ``assessment 
        agreement'' means an agreement, whether part of a 
        collective bargaining agreement or negotiated 
        separately, to the extent the agreement provides for 
        the funding of collectively bargained fringe-benefit 
        obligations on other than a uniform worker-hour basis, 
        regardless of the cargo handled or type of vessel or 
        equipment used.
          (4) Bulk cargo.--The term ``bulk cargo'' means cargo 
        that is loaded and carried in bulk without mark or 
        count.
          (5) Certain covered services.--For purposes of 
        sections 41105 and 41307, the term ``certain covered 
        services'' means, with respect to a vessel--
                  (A) the berthing or bunkering of the vessel;
                  (B) the loading or unloading of cargo to or 
                from the vessel to or from a point on a wharf 
                or terminal;
                  (C) the positioning, removal, or replacement 
                of buoys related to the movement of the vessel; 
                and
                  (D) with respect to injunctive relief under 
                section 41307, towing vessel services provided 
                to such a vessel.
          (6) Chemical parcel-tanker.--The term ``chemical 
        parcel-tanker'' means a vessel that has--
                  (A) a cargo-carrying capability consisting of 
                individual cargo tanks for bulk chemicals 
                that--
                          (i) are a permanent part of the 
                        vessel; and
                          (ii) have segregation capability with 
                        piping systems to permit simultaneous 
                        carriage of several bulk chemical 
                        cargoes with minimum risk of cross-
                        contamination; and
                  (B) a valid certificate of fitness under the 
                International Maritime Organization Code for 
                the Construction and Equipment of Ships 
                Carrying Dangerous Chemicals in Bulk.
          (7) Common carrier.--The term ``common carrier''--
                  (A) means a person that--
                          (i) holds itself out to the general 
                        public to provide transportation by 
                        water of passengers or cargo between 
                        the United States and a foreign country 
                        for compensation;
                          (ii) assumes responsibility for the 
                        transportation from the port or point 
                        of receipt to the port or point of 
                        destination; and
                          (iii) uses, for all or part of that 
                        transportation, a vessel operating on 
                        the high seas or the Great Lakes 
                        between a port in the United States and 
                        a port in a foreign country; but
                  (B) does not include a carrier engaged in 
                ocean transportation by ferry boat, ocean 
                tramp, or chemical parcel-tanker, or by vessel 
                when primarily engaged in the carriage of 
                perishable agricultural commodities--
                          (i) if the carrier and the owner of 
                        those commodities are wholly-owned, 
                        directly or indirectly, by a person 
                        primarily engaged in the marketing and 
                        distribution of those commodities; and
                          (ii) only with respect to the 
                        carriage of those commodities.
          (8) Conference.--The term ``conference''--
                  (A) means an association of ocean common 
                carriers permitted, pursuant to an approved or 
                effective agreement, to engage in concerted 
                activity and to use a common tariff; but
                  (B) does not include a joint service, 
                consortium, pooling, sailing, or transshipment 
                agreement.
          (9) Controlled carrier.--The term ``controlled 
        carrier'' [means an ocean common carrier] means--
                  (A) an ocean common carrier  that is, or 
                whose operating assets are, directly or 
                indirectly, owned or controlled by a 
                government, with ownership or control by a 
                government being deemed to exist for a carrier 
                if--
                          [(A)] (i) a majority of the interest 
                        in the carrier is owned or controlled 
                        in any manner by that government, an 
                        agency of that government, or a public 
                        or private person controlled by that 
                        government; or
                          [(B)] (ii) that government has the 
                        right to appoint or disapprove the 
                        appointment of a majority of the 
                        directors, the chief operating officer, 
                        or the chief executive officer of the 
                        carrier[.]; or
                  (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).
          (10) Deferred rebate.--The term ``deferred rebate'' 
        means a return by a common carrier of any freight money 
        to a shipper, where the return is--
                  (A) consideration for the shipper giving all 
                or any portion of its shipments to that or any 
                other common carrier over a fixed period of 
                time;
                  (B) deferred beyond the completion of the 
                service for which it was paid; and
                  (C) made only if the shipper has agreed to 
                make a further shipment with that or any other 
                common carrier.
          (11) Forest products.--The term ``forest products'' 
        includes lumber in bundles, rough timber, ties, poles, 
        piling, laminated beams, bundled siding, bundled 
        plywood, bundled core stock or veneers, bundled 
        particle or fiber boards, bundled hardwood, wood pulp 
        in rolls, wood pulp in unitized bales, and paper and 
        paper board in rolls or in pallet or skid-sized sheets.
          (12) Inland division.--The term ``inland division'' 
        means the amount paid by a common carrier to an inland 
        carrier for the inland portion of through 
        transportation offered to the public by the common 
        carrier.
          (13) Inland portion.--The term ``inland portion'' 
        means the charge to the public by a common carrier for 
        the non-ocean portion of through transportation.
          (14) Loyalty contract.--The term ``loyalty contract'' 
        means a contract with an ocean common carrier or 
        agreement providing for--
                  (A) a shipper to obtain lower rates by 
                committing all or a fixed portion of its cargo 
                to that carrier or agreement; and
                  (B) a deferred rebate arrangement.
          (15) Marine terminal operator.--The term ``marine 
        terminal operator'' means a person engaged in the 
        United States in the business of providing wharfage, 
        dock, warehouse, or other terminal facilities in 
        connection with a common carrier, or in connection with 
        a common carrier and a water carrier subject to 
        subchapter II of chapter 135 of title 49.
          (16) Maritime labor agreement.--The term ``maritime 
        labor agreement''--
                  (A) means--
                          (i) a collective bargaining agreement 
                        between an employer subject to this 
                        part, or a group of such employers, and 
                        a labor organization representing 
                        employees in the maritime or 
                        stevedoring industry;
                          (ii) an agreement preparatory to such 
                        a collective bargaining agreement among 
                        members of a multi-employer bargaining 
                        group; or
                          (iii) an agreement specifically 
                        implementing provisions of such a 
                        collective bargaining agreement or 
                        providing for the formation, financing, 
                        or administration of a multi-employer 
                        bargaining group; but
                  (B) does not include an assessment agreement.
          (17) Non-vessel-operating common carrier.--The term 
        ``non-vessel-operating common carrier'' means a common 
        carrier that--
                  (A) does not operate the vessels by which the 
                ocean transportation is provided; and
                  (B) is a shipper in its relationship with an 
                ocean common carrier.
          (18) Ocean common carrier.--The term ``ocean common 
        carrier'' means a vessel-operating common carrier.
          (19) Ocean freight forwarder.--The term ``ocean 
        freight forwarder'' means a person that--
                  (A) in the United States, dispatches 
                shipments from the United States via a common 
                carrier and books or otherwise arranges space 
                for those shipments on behalf of shippers; and
                  (B) processes the documentation or performs 
                related activities incident to those shipments.
          (20) Ocean transportation intermediary.--The term 
        ``ocean transportation intermediary'' means an ocean 
        freight forwarder or a non-vessel-operating common 
        carrier.
          (21) Service contract.--The term ``service contract'' 
        means a written contract, other than a bill of lading 
        or receipt, between one or more shippers, on the one 
        hand, and an individual ocean common carrier or an 
        agreement between or among ocean common carriers, on 
        the other, in which--
                  (A) the shipper or shippers commit to 
                providing a certain volume or portion of cargo 
                over a fixed time period; and
                  (B) the ocean common carrier or the agreement 
                commits to a certain rate or rate schedule and 
                a defined service level, such as assured space, 
                transit time, port rotation, or similar service 
                features.
          (22) Shipment.--The term ``shipment'' means all of 
        the cargo carried under the terms of a single bill of 
        lading.
          (23) Shipper.--The term ``shipper'' means--
                  (A) a cargo owner;
                  (B) the person for whose account the ocean 
                transportation of cargo is provided;
                  (C) the person to whom delivery is to be 
                made;
                  (D) a shippers' association; or
                  (E) a non-vessel-operating common carrier 
                that accepts responsibility for payment of all 
                charges applicable under the tariff or service 
                contract.
          (24) Shippers' association.--The term ``shippers' 
        association'' means a group of shippers that 
        consolidates or distributes freight on a nonprofit 
        basis for the members of the group to obtain carload, 
        truckload, or other volume rates or service contracts.
          (25) Through rate.--The term ``through rate'' means 
        the single amount charged by a common carrier in 
        connection with through transportation.
          (26) Through transportation.--The term ``through 
        transportation'' means continuous transportation 
        between origin and destination for which a through rate 
        is assessed and which is offered or performed by one or 
        more carriers, at least one of which is a common 
        carrier, between a United States port or point and a 
        foreign port or point.

           *       *       *       *       *       *       *


     CHAPTER 405--TARIFFS, SERVICE CONTRACTS, REFUNDS, AND WAIVERS


Sec.
     * * * * * * *
40505. Complaints against shipping exchanges.

           *       *       *       *       *       *       *


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 to complete a 
shipping exchange's registration.
  (c)  [Exemption] Exemption and Investigation.--The Commission 
[may exempt] may--
          (1) exempt, conditionally or unconditionally, a 
        shipping exchange from registration 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 a foreign country where the shipping exchange is 
        headquartered[.]; and
          (2) investigate complaints submitted under section 
        40505.
  (d) Regulations.--Not later than 3 years after the date of 
enactment of the Ocean Shipping Reform Act of 2022, the 
Commission shall issue regulations pursuant to subsection (a), 
which shall set standards necessary to carry out subtitle IV of 
this title for registered national shipping exchanges. For 
consideration of a service contract entered into by a shipping 
exchange, the Commission shall be limited to the minimum 
essential terms for service contracts established under section 
40502 of this title.
  (e) Definition of Shipping Exchange.--In this section, the 
term ``shipping exchange'' means a platform (digital, over-the-
counter, or otherwise) that connects shippers with common 
carriers for the purpose of entering into underlying agreements 
or contracts for the transport of cargo, by vessel or other 
modes of transportation.

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.

           *       *       *       *       *       *       *


                    CHAPTER 407--CONTROLLED CARRIERS


Sec.
     * * * * * * *
[40706. Exceptions.]

           *       *       *       *       *       *       *


[Sec. 40706. Exceptions

  [This chapter does not apply to--
          [(1) a controlled carrier of a foreign country whose 
        vessels are entitled by a treaty of the United States 
        to receive national or most-favored-nation treatment; 
        or
          [(2) a trade served only by controlled carriers.]

           *       *       *       *       *       *       *


                CHAPTER 411--PROHIBITIONS AND PENALTIES


Sec.
     * * * * * * *
[41107. Monetary penalties.]
41107. Monetary penalties or refunds.

           *       *       *       *       *       *       *


Sec. 41110. Data collection

   [The Federal Maritime Commission] (a) Quarterly Report._The 
Federal Maritime Commission  shall publish on its website 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 each ocean common carrier covered under this 
chapter. Ocean common carriers under this chapter shall provide 
to the Commission all necessary information, as determined by 
the Commission, for completion of this report.
  (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.

           *       *       *       *       *       *       *


CHAPTER 413--ENFORCEMENT

           *       *       *       *       *       *       *



Sec. 41302. Investigations

  (a) In General.--The Federal Maritime Commission, on 
complaint or its own motion, may investigate any [conduct 
agreement] conduct, agreement, fee, or charge that the 
Commission believes may be in violation of this part. The 
Commission may by order disapprove, cancel, or modify any 
agreement that operates in violation of this part.
  (b) Effectiveness of Agreement, Fee, or Charge During 
Investigation.--Unless an injunction is issued under section 
41306 or 41307 of this title, an agreement, fee, or charge 
under investigation by the Commission remains in effect until 
the Commission issues its order.
  (c) Date for Decision.--Within 10 days after the initiation 
of a proceeding under this section or section 41301 of this 
title, the Commission shall set a date by which it will issue 
its final decision. The Commission by order may extend the date 
for good cause.
  (d) Sanctions for Delay.--If, within the period for final 
decision under subsection (c), the Commission determines that 
it is unable to issue a final decision because of undue delay 
caused by a party to the proceeding, the Commission may impose 
sanctions, including issuing a decision adverse to the delaying 
party.
  (e) Report.--The Commission shall make a written report of 
every investigation under this part in which a hearing was 
held, stating its conclusions, decisions, findings of fact, and 
order. The Commission shall provide a copy of the report to all 
parties and publish the report for public information. A 
published report is competent evidence in a court of the United 
States.

           *       *       *       *       *       *       *


Sec. 41305. Award of reparations

  (a) Definition.--In this section, the term ``actual injury'' 
includes the loss of interest at commercial rates compounded 
from the date of injury.
  (b) Basic Amount.--If the complaint was filed within the 
period specified in section 41301(a) of this title, the Federal 
Maritime Commission shall direct the payment of reparations to 
the complainant for actual injury caused by a violation of this 
part.
  (c) Additional Amounts.--On a showing that the injury was 
caused by an activity prohibited by [section subsection] 
subsection (b) or (c) of section 41102, paragraph (3) or (6) of 
section 41104(a), or paragraph (1) or (3) of section 41105, the 
Commission may order the payment of additional amounts, but the 
total recovery of a complainant may not exceed twice the amount 
of the actual injury.
  (d) Difference Between Rates.--If the injury was caused by an 
activity prohibited by subparagraph (A) or (B) of section 
41104(a)(4), the amount of the injury shall be the difference 
between the rate paid by the injured shipper and the most 
favorable rate paid by another shipper.
  (e) Attorney Fees.--In any action brought under section 
41301, the prevailing party may be awarded reasonable attorney 
fees.

           *       *       *       *       *       *       *


PART B--ACTIONS TO ADDRESS FOREIGN PRACTICES

           *       *       *       *       *       *       *


    CHAPTER 425 NATIONAL PORT ADVISORY COMMITTEE--[NATIONAL SHIPPER 
          ADVISORY COMMITTEE] NATIONAL PORT ADVISORY COMMITTEE


[Sec.
[42501. Definitions.
[42502. National Shipper Advisory Committee.
[42503. Administration.]
Sec.
42501. Definitions.
42502. National Shipper Advisory Committee.
42503. National Port Advisory Committee.
42504. National Ocean Carrier Advisory Committee.
42505. Function.
42506. Administration.

Sec. 42501. Definitions

  In this chapter:
          (1) Commission.--The term ``Commission'' means the 
        Federal Maritime Commission.
          [(2) Committee.--The term ``Committee'' means the 
        National Shipper Advisory Committee established under 
        section 42502.]
          (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.

Sec. 42502. National Shipper Advisory Committee

  (a) Establishment.--There is established a National Shipper 
Advisory [Committee.] Committee (in this section referred to as 
the ``Shipper Committee'').
  [(b) Function.--The Committee shall advise the Federal 
Maritime Commission on policies relating to the 
competitiveness, reliability, integrity, and fairness of the 
international ocean freight delivery system.]
  [(c)] (b) Membership.--
          (1) In general.--The [Committee] Shipper Committee 
        shall consist of 24 members appointed by the Commission 
        in accordance with this section.
          (2) Expertise.--Each member of the [Committee] 
        Shipper Committee shall have particular expertise, 
        knowledge, and experience in matters relating to the 
        function of the [Committee] Shipper Committee .
          [(3) Representation.--Members of the Committee shall 
        be appointed as follows: -- ]
                  [(A) Twelve members]
          
          (3) Representation._Members of the Shipper Committee 
        shall be appointed as follows:
                  (A) Twelve members  shall represent entities 
                who import cargo to the United States using 
                ocean common carriers.
                  (B) Twelve members shall represent entities 
                who export cargo from the United States using 
                ocean common carriers.

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.

Sec. [42503.]  42506. Administration

  (a) Meetings.-- [The Committee] Each covered Committee shall, 
not less than once each year, meet at the call of the 
Commission or a majority of the members of [the Committee] each 
such Committee .
  (b) Employee Status.--A member of [the Committee] a covered 
Committee shall not be considered an employee of the Federal 
Government by reason of service on such Committee, except for 
the purposes of the following:
          (1) Chapter 81 of title 5.
          (2) Chapter 171 of title 28 and any other Federal law 
        relating to tort liability.
  (c) Volunteer Services and Compensation.--
          (1) Notwithstanding any other provision of law, a 
        member of [the Committee] a covered Committee may serve 
        on such committee on a voluntary basis without pay.
          (2) No member of [the Committee] a covered Committee 
        shall receive compensation for service on [the 
        Committee] a covered Committee .
  (d) Status of Members.--
          (1) In general.--Except as provided in paragraph (2), 
        with respect to a member of [the Committee] a covered 
        Committee whom the Commission appoints to represent an 
        entity or group--
                  (A) the member is authorized to represent the 
                interests of the applicable entity or group; 
                and
                  (B) requirements under Federal law that would 
                interfere with such representation and that 
                apply to a special Government employee (as 
                defined in section 202(a) of title 18), 
                including requirements relating to employee 
                conduct, political activities, ethics, 
                conflicts of interest, and corruption, do not 
                apply to the member.
          (2) Exception.--Notwithstanding subsection (b), a 
        member of [the Committee] a covered Committee shall be 
        treated as a special Government employee for purposes 
        of the committee service of the member if the member, 
        without regard to service on [the Committee] a covered 
        Committee, is a special Government employee.
  (e) Service on Committee.--
          (1) Solicitation of nominations.--Before appointing 
        an individual as a member of [the Committee] a covered 
        Committee, the Commission shall publish a timely notice 
        in the Federal Register soliciting nominations for 
        membership on such Committee.
          (2) Appointments.--
                  (A) In general.--After considering 
                nominations received pursuant to a notice 
                published under paragraph (1), the Commission 
                may appoint a member to [the Committee] a 
                covered Committee .
                  (B) Prohibition.--The Commission shall not 
                seek, consider, or otherwise use information 
                concerning the political affiliation of a 
                nominee in making an appointment to [the 
                Committee] a covered Committee.
          (3) Service at pleasure of commission.--Each member 
        of [the Committee] a covered Committee shall serve at 
        the pleasure of the Commission.
          (4) Security background examinations.--The Commission 
        may require an individual to have passed an appropriate 
        security background examination before appointment to 
        [the Committee] a covered Committee .
          (5) Prohibition.--A Federal employee may not be 
        appointed as a member of [the Committee] a covered 
        Committee .
          (6) Terms.--
                  (A) In general.--The term of each member of 
                [the Committee] a covered Committee shall 
                expire on December 31 of the third full year 
                after the effective date of the appointment.
                  (B) Continued service after term.--When the 
                term of a member of [the Committee] a covered 
                Committee ends, the member, for a period not to 
                exceed 1 year, may continue to serve as a 
                member until a successor is appointed.
          (7) Vacancies.--A vacancy on [the Committee] a 
        covered Committee shall be filled in the same manner as 
        the original appointment.
          (8) Special rule for reappointments.--Notwithstanding 
        paragraphs (1) and (2), the Commission may reappoint a 
        member of a committee for any term, other than the 
        first term of the member, without soliciting, 
        receiving, or considering nominations for such 
        appointment.
  (f) Staff Services.--The Commission shall furnish to [the 
Committee] a covered Committee any staff and services 
considered by the Commission to be necessary for the conduct of 
the Committee's functions.
  (g) Chair; Vice Chair.--
          (1) In general.-- [The Committee] Each covered 
        Committee shall elect a Chair and Vice Chair from among 
        the committee's members.
          (2) Vice chairman acting as chairman.--The Vice Chair 
        shall act as Chair in the absence or incapacity of, or 
        in the event of a vacancy in the office of, the Chair.
  (h) Subcommittees and Working Groups.--
          (1) In general.--The [Chair of the Committee] Chair 
        of each covered Committee may establish and 
        disestablish subcommittees and working groups for any 
        purpose consistent with the [function of the Committee] 
        function of the applicable Committee .
          (2) Participants.--Subject to conditions imposed by 
        the Chair, members of [the Committee] each covered 
        Committee may be assigned to subcommittees and working 
        groups established under paragraph (1).
  (i) Consultation, Advice, Reports, and Recommendations.--
          (1) Consultation.--Before taking any significant 
        action, the Commission shall consult with, and consider 
        the information, advice, and recommendations of, [the 
        Committee if the function of the Committee] any 
        relevant covered Committee if the function of such 
        Committee is to advise the Commission on matters 
        related to the significant action.
          (2) Advice, reports, and recommendations.-- [The 
        Committee] Each covered Committee shall submit, in 
        writing, to the Commission its advice, reports, and 
        recommendations, in a form and at a frequency 
        determined appropriate by [the Committee] each such 
        Committee .
          (3) Explanation of actions taken.--Not later than 60 
        days after the date on which the Commission receives 
        recommendations [from the Committee] from a covered 
        Committee under paragraph (2), the Commission shall--
                  (A) publish the recommendations on a public 
                website; and
                  (B) respond, in writing, [to the Committee] 
                to the submitting Committee regarding the 
                recommendations, including by providing an 
                explanation of actions taken regarding the 
                recommendations.
          (4) Submission 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 advice, reports, and recommendations 
        received [from the Committee] from a covered Committee 
        under paragraph (2).
  (j) Observers.--The Commission may designate a representative 
to--
          (1) attend any meeting of [the Committee] a covered 
        Committee ; and
          (2) participate as an observer at such meeting.
  (k) Termination.-- The Committee shall terminate on September 
30, 2029.

           *       *       *       *       *       *       *


PART D--FEDERAL MARITIME COMMISSION

           *       *       *       *       *       *       *


                CHAPTER 461--FEDERAL MARITIME COMMISSION


Sec.
     * * * * * * *
[46106. Annual report.]
46106. Annual report and public disclosure.
     * * * * * * *

Sec. 46106. Annual report  and public disclosure

  (a) In General.--Not later than April 1 of each year, the 
Federal Maritime Commission shall submit a report to Congress. 
The report shall include the results of its investigations, a 
summary of its transactions, the purposes for which all of its 
expenditures were made, and any recommendations for 
legislation.
  (b) Report on Foreign Laws and Practices.--The Commission 
shall include in its annual report to Congress--
          (1) a list of the 20 foreign countries that generated 
        the largest volume of oceanborne liner cargo for the 
        most recent calendar year in bilateral trade with the 
        United States;
          (2) an analysis of conditions described in section 
        42302(a) of this title being investigated or found to 
        exist in foreign countries;
          (3) any actions being taken by the Commission to 
        offset those conditions;
          (4) any recommendations for additional legislation to 
        offset those conditions;
          (5) a list of petitions filed under section 42302(b) 
        of this title that the Commission rejected and the 
        reasons for each rejection;
          (6) an analysis of the impacts on competition for the 
        purchase of certain covered services by alliances of 
        ocean common carriers acting pursuant to an agreement 
        [under this part] under chapter 403 between or among 
        ocean common carriers, including a summary of actions, 
        including corrective actions, taken by the Commission 
        to promote such competition; [and]
          (7) an identification of any anticompetitive, 
        nonreciprocal trade, or otherwise concerning practices 
        by [ocean common carriers, particularly such carriers 
        that are controlled carriers, that are--] controlled 
        carriers or marine terminal operators;
                  [(A) State-owned or State-controlled 
                enterprises; or
                  [(B) 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).]
          (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).
  (c) Definition of Certain Covered Services.--In this section, 
the term ``certain covered services'' has the meaning given the 
term in section 40102.
  (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 detention 
        and demurrage invoice information by common carriers 
        under section 41104(a)(15) of this title; and
          (2) all penalties imposed or assessed against common 
        carriers, as applicable, under sections 41107, 41108, 
        and 41109, listed by each common carrier or marine 
        terminal operator .

           *       *       *       *       *       *       *


SUBTITLE V--MERCHANT MARINE

           *       *       *       *       *       *       *


PART A--GENERAL

           *       *       *       *       *       *       *


                      CHAPTER 503--ADMINISTRATIVE


Sec.
     * * * * * * *
50309. Prohibited use.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


                                  [all]