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Bill
Notes

H.R. 1836 — what changed

Ocean Shipping Reform Implementation Act of 2023

From Introduced in House to Reported in House. 12 added and 13 removed between Introduced in House and Reported in House.

Sec. 2 Purposes

removed

removed Section 40101 of title 46, United States Code, is amended—

(1)
removed in paragraph (1) by striking “with” and all that follows through “regulatory costs”;
(2)
removed 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)
removed in paragraph (3) by striking “and” at the end;
(4)
removed in paragraph (4)—
(A)
removed by striking “promote” and inserting “support”; and
(B)
removed by striking “, and” and all that follows through the period and inserting “; and”; and
(5)
removed by adding at the end the following:

removed “(5) promote reciprocal trade in the common carriage of goods by water in the foreign commerce of the United States.”

Sec. 3 Definitions

removed
(a)
removed In general— Section 40102(9) of title 46, United States Code, is amended—
(1)
removed in subparagraph (A) by striking “or” at the end;
(2)
removed in subparagraph (B) by striking the period and inserting “; or”; and
(3)
removed by adding at the end the following:

removed “(C) 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—

removed “(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;

removed “(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

removed “(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)
removed Conforming amendment— Section 46106(b)(7) of title 46, United States Code, is amended by striking “controlled carriers” and all that follows through the period at the end and inserting “controlled carriers.”.

Sec. 4 Service contracts

removed

removed Section 40502(c)(9) of title 46, United States Code, is amended by inserting “and minimum contract requirements” after “essential terms”.

Sec. 5 Complaints against shipping exchanges

removed
(a)
removed In general— Chapter 405 of title 46, United States Code, is amended by adding at the end the following:

removed “40505. Complaints against shipping exchanges

removed “(a) In general—A person may submit to the Federal Maritime Commission, and the Commission shall accept, information concerning—

removed “(1) alleged violations by shipping exchanges (as such term is defined in section 40504);

removed “(2) alleged violations of regulations issued by the Commission; or

removed “(3) alleged incidents of market manipulation or other anticompetitive practices by such shipping exchanges.

removed “(b) Investigation—Upon receipt of a submission of information under subsection (a), the Commission shall promptly investigate the accuracy of such information.”

(b)
removed Clerical amendment— The analysis for chapter 405 of title 46, United States Code, is amended by adding at the end the following:

Sec. 6 Data collection

removed

removed Section 41110 of title 46, United States Code, is amended—

(1)
removed by striking “The Federal Maritime Commission” and inserting “(a) Quarterly report.—The Federal Maritime Commission”; and
(2)
removed by adding at the end the following:

removed “(b) Prohibition on Duplication—Data required to be reported under subsection (a) may not duplicate information—

removed “(1) submitted to the Corps of Engineers pursuant to section 11 of the Act entitled “An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes”, approved September 22, 1922 (33 U.S.C. 555), by an ocean common carrier acting as a vessel operator; or

removed “(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.”

Sec. 7 National Advisory Committees

removed
(a)
removed National Shipper Advisory Committee— Section 42502 of title 46, United States Code, is amended—
(1)
removed in subsection (a) by striking “Committee.” and inserting “(in this section referred to as the “Shipper Committee”).”;
(2)
removed in subsections (b) and (c) by striking “Committee” each place it appears and inserting “Shipper Committee”; and
(3)
removed in subsection (c)(3)—
(A)
removed in subparagraph (A) by inserting “, including ocean transportation intermediaries (as such term is defined in section 40102)” after “ocean common carriers”; and
(B)
removed in subparagraph (B) by striking “ocean common carriers” and inserting “ocean common carriers described in subparagraph (A)”.
(b)
removed National Seaport Advisory Committee— Chapter 425 of title 46, United States Code, is amended—
(1)
removed by redesignating section 42503 as section 42504; and
(2)
removed by inserting after section 42502 the following:

removed “42503. National Seaport Advisory Committee

removed “(a) Establishment—There is established a National Seaport Advisory Committee (in this section referred to as the “Seaport Committee”).

removed “(b) Function—The Seaport Committee shall advise the Federal Maritime Commission on policies relating to the competitiveness, reliability, and efficiency of the international ocean freight delivery system.

removed “(c) Membership

removed “(1) In general—The Seaport Committee shall consist of 24 members appointed by the Commission in accordance with this section.

removed “(2) Expertise—Each member of the Seaport Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Seaport Committee.

removed “(3) Representation—Members of the Seaport Committee shall be appointed as follows:

removed “(A) Eight members shall represent marine terminal operators, as defined in section 40102.

removed “(B) Sixteen members shall represent port authorities.”

(c)
removed Conforming amendments—
(1)
removed Definitions— Section 42501 of title 46, United States Code, is amended by striking paragraph (2) and inserting the following:

removed “(2) Covered Committee—The term “covered Committee” means—

removed “(A) the National Shipper Advisory Committee established under section 42502; and

removed “(B) the National Seaport Advisory Committee established under section 42503.”

(2)
removed Administration— Section 42504 of title 46, United States Code, as redesignated by subsection (b)(1), is amended—
(A)
removed by striking “The Committee” each place it appears and inserting “Each covered Committee”;
(B)
removed in subsection (a) by striking “the Committee” each place it appears and inserting “each such Committee”;
(C)
removed in subsections (b), (c), (d), (e), (f), and (j) by striking “the Committee” each place it appears and inserting “a covered Committee”;
(D)
removed in subsection (h)—
(i)
removed in paragraph (1)—
(I)
removed by striking “Chair of the Committee” and inserting “Chair of each covered Committee”; and
(II)
removed by striking “function of the Committee” and inserting “function of the applicable Committee”; and
(ii)
removed in paragraph (2) by striking “the Committee” and inserting “each covered Committee”; and
(E)
removed in subsection (i)—
(i)
removed 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)
removed in paragraph (2) by striking “the Committee” and inserting “each such Committee”;
(iii)
removed in paragraph (3)—
(I)
removed by striking “from the Committee” and inserting “from a covered Committee”; and
(II)
removed in subparagraph (B) by striking “to the Committee” and inserting “to the submitting Committee”; and
(iv)
removed in paragraph (4) by striking “from the Committee” and inserting “from a covered Committee”.

Sec. 8 Annual report and public disclosures

removed
(a)
removed Report on Foreign Laws and Practices— Section 46106(b) of title 46, United States Code, is amended—
(1)
removed in paragraph (6)—
(A)
removed by striking “and” at the end; and
(B)
removed by striking “under this part” and inserting “under chapter 403”;
(2)
removed in paragraph (7)—
(A)
removed by inserting “anticompetitive, nonreciprocal trade, or” before “otherwise concerning practices”;
(B)
removed by inserting “or marine terminal operators” after “ocean common carriers”; and
(C)
removed by striking the period at the end and inserting a semicolon; and
(3)
removed by adding at the end the following:

removed “(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

removed “(9) the 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)
removed Public Disclosure— Section 46106(d)(2) of title 46, United States Code, is amended by inserting “or marine terminal operator” after “common carrier”.

Sec. 9 Policy with respect to LOGINK

removed
(a)
removed In general— Chapter 503 of title 46, United States Code, is amended by adding at the end the following:

removed “50309. Prohibited use

removed “(a) In general—A covered port authority shall not utilize—

removed “(1) the national transportation logistics public information platform (commonly referred to as “LOGINK”) provided by the People’s Republic of China; or

removed “(2) a similar system provided by Chinese state-affiliated entities.

removed “(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.

removed “(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.

removed “(d) Review—In preparing the guidance under subsection (b), the Secretary shall review the list of Chinese state-affiliated entities included in—

removed “(1) the list of Communist Chinese military companies published in the Federal Register pursuant to section 1237(b) of the National Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1201 note); and

removed “(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).

removed “(e) Covered port authority defined—In this section, the term covered port authority means a port authority that receives funding after the date of enactment of this section under—

removed “(1) the port infrastructure development program under subsections (a) and (b) of section 54301; or

removed “(2) the maritime transportation system emergency relief program under section 50308.”

(b)
removed Clerical amendment— The analysis for chapter 503 of title 46, United States Code, is amended by adding at the end the following:

Sec. 10 Marine terminal and dwell time statistics

removed
(a)
removed In general— Chapter 63 of title 49, United States Code, is amended by adding at the end the following:

removed “6315. Marine terminal and dwell time statistics

removed “(a) Definitions—In this section:

removed “(1) Director—The term Director means the Director of the Bureau of Transportation Statistics.

removed “(2) Marine container—The term marine container means an intermodal container with a length of—

removed “(A) not less than 20 feet; and

removed “(B) not greater than 53 feet.

removed “(3) Marine terminal operator; ocean common carrier—The terms “marine terminal operator” and “ocean common carrier” have the meaning given such terms in section 40102 of title 46.

removed “(4) Out of service percentage—The term out of service percentage means the proportion of the chassis fleet for any defined geographical area that is out of service at any one time.

removed “(5) Street dwell time—The term street dwell time, with respect to a piece of equipment, means the quantity of time during which the piece of equipment is in use outside of the terminal.

removed “(b) Authority To collect data

removed “(1) In general—The Director shall collect such data as the Director determines to be necessary for the implementation of this section, subject to subchapter III of chapter 35 of title 44 from—

removed “(A) each port, marine terminal operator, and ocean common carrier; and

removed “(B) each chassis owner or provider with a fleet of over 50 chassis that supply chassis for a fee.

removed “(2) Approval by OMB—Not later than 60 days after the date of enactment of this section, the Director of the Office of Management and Budget shall approve an information collection for purposes of this section.

removed “(c) Publication—Not later than 240 days after the date of enactment of this section, and not less frequently than monthly thereafter, the Director shall publish statistics relating to—

removed “(1) the dwell time of equipment used in intermodal transportation at the top 25 ports, including inland ports, by 20-foot equivalent unit, including—

removed “(A) total street dwell time, from all causes, of marine containers and marine container chassis; and

removed “(B) the average out of service percentage, which shall not be identifiable with any particular port, marine terminal operator, or chassis provider; and

removed “(2) for each port—

removed “(A) the yard capacity for marine containers;

removed “(B) the yard utilization by marine containers;

removed “(C) the berthing schedule and windows;

removed “(D) the total number of marine containers leaving (commonly referred to as “gate-out”);

removed “(E) the total number of marine containers entering (commonly referred to as “gate-in”);

removed “(F) the total number of marine containers unloaded daily from vessels;

removed “(G) the total number of marine containers loaded daily from vessels; and

removed “(H) the average turn time for a commercial motor vehicle (as defined in section 13102) operated by a motor carrier (as defined in such section).

removed “(d) Factors—To the maximum extent practicable, the Director shall publish the statistics described in subsection (c) on a local, regional, and national basis.”

(b)
removed Rulemaking To define turn time—
(1)
removed Deadline— Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall promulgate an advance notice of proposed rulemaking to define turn time and specify the methods for collecting and reporting information relating to average dwell time to the Bureau of Transportation Statistics under section 6315 of title 49, United States Code.
(2)
removed Content— The rulemaking under paragraph (1)—
(A)
removed shall address the amount of time a commercial motor vehicle operated by a motor carrier spends waiting in line outside the gate of a port; and
(B)
removed may address the ability of a port to collect dwell times from operators of commercial motor vehicles operated by motor carriers, including from motor carrier telematic capabilities.
(c)
removed Clerical amendment— The analysis for chapter 63 of title 49, United States Code, is amended by adding at the end the following:
(d)
removed Repeal— Section 16 of the Ocean Shipping Reform Act of 2022 (Public Law 117–146) is repealed.

Sec. 11 Containerized freight indexes

removed

removed 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.

Sec. 12 Data standard for maritime freight logistics

removed
(a)
removed 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)
removed Consultation— During the public comment period for the rulemaking under subsection (a), the Commission shall consult with—
(1)
removed the National Shippers Advisory Board established under section 42502 of title 46, United States Code; and
(2)
removed the Secretaries of Transportation, Commerce, and Agriculture.
(c)
removed Contents— The rulemaking under subsection (a) shall—
(1)
removed develop a data standard for the voluntary sharing of appropriate supply chain data with—
(A)
removed a common lexicon of standard terms and methods of measurements;
(B)
removed a method to exchange data in real time amongst relevant stakeholders;
(C)
removed appropriate data protections to ensure confidentiality of proprietary business information; and
(D)
removed appropriate cybersecurity measures to protect data from unauthorized use;
(2)
removed incorporate data from stakeholders to facilitate—
(A)
removed the arrival, unloading, loading, and departure of vessels;
(B)
removed cargo availability and pick up reservation;
(C)
removed chassis availability; and
(D)
removed other data elements the Commission consider prudent; and
(3)
removed 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)
removed are developed in open, transparent, impartial, balanced, consensus-based processes;
(B)
removed are performance-based, technology neutral, and vendor neutral;
(C)
removed are interoperable, allowing for the exchange and use of data between devices and systems;
(D)
removed are market relevant and globally applicable;
(E)
removed are nonduplicative of, and coherent with, other relevant standards, guides, best practices, and frameworks; and
(F)
removed allow information owners to control what information is shared, when information is shared, with whom, and for what purpose; and
(4)
removed 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)
removed 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)
removed 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)
removed 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)
removed the port infrastructure development program under section 54301(a) of title 46, United States Code; or
(2)
removed the maritime transportation system emergency relief program under section 50308 of title 46, United States Code.
(g)
removed 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. 13 Independent study and report on Shanghai Shipping Exchange

removed
(a)
removed 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)
removed any anticompetitive advantages benefitting the Shanghai Shipping Exchange; and
(2)
removed 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)
removed Elements— The study and assessment required under to subsection (a) shall address the following:
(1)
removed The influence of the government of the People’s Republic of China on the Shanghai Shipping Exchange.
(2)
removed The impact of such business practices or influence on American consumers and businesses.
(3)
removed 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)
removed 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)
removed Report—
(1)
removed 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)
removed Public availability— The Secretary shall publish the report required under paragraph (1) on a publicly accessible website of the Department of Transportation.
(d)
removed Appropriate independent entity described— An appropriate independent entity described in this subsection is—
(1)
removed a federally funded research and development center sponsored by a Federal agency;
(2)
removed the Transportation Research Board of the National Academies;
(3)
removed the Government Accountability Office; or
(4)
removed 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)
removed 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. 14 Technical amendments

removed
(a)
removed Administration— Section 15109 of title 46, United States Code, is amended—
(1)
removed in subsection (a)(2) by striking “15102,” and inserting “15102”; and
(2)
removed in subsection (k)(1) by inserting “or to which this chapter applies” after “under this chapter”.
(b)
removed Investigations— Section 41302(a) of title 46, United States Code, is amended by striking “conduct agreement” and inserting “conduct, agreement”.
(c)
removed Award of reparations— Section 41305(c) is amended by striking “section subsection” and inserting “subsection”.
(d)
removed National Shipper Advisory Committee— Section 42502(c)(3) of title 46, United States Code is amended by striking “(3) Representation” and all that follows through “Twelve members” and inserting the following:

removed “(3) Representation—Members of the Committee shall be appointed as follows:

removed “(A) Twelve members”

(e)
removed 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:
(f)
removed 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:
(g)
removed Analysis— The analysis for chapter 425 of title 46, United States Code, is amended to read as follows:
(h)
removed Annual report and public disclosure—
(1)
removed Conforming amendment— The heading for section 46106 of title 46, United States Code, is amended by inserting “and public disclosure” after “report”.
(2)
removed Clerical amendment— The analysis for chapter 461 of title 46, United States Code, is amended by striking the item related to section 46106 and inserting the following:
(i)
removed Analysis amendment— The item relating to section 41307 in the analysis for chapter 413 of title 46, United States Code, is amended by striking “sought”.

Sec. 101 Purposes

added

added Section 40101 of title 46, United States Code, is amended—

(1)
added in paragraph (1) by striking “with” and all that follows through “regulatory costs”;
(2)
added 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)
added in paragraph (3) by striking “and” at the end;
(4)
added in paragraph (4)—
(A)
added by striking “promote” and inserting “support”; and
(B)
added by striking “, and” and all that follows through the period and inserting “; and”; and
(5)
added by adding at the end the following:

added “(5) promote reciprocal trade in the common carriage of goods by water in the foreign commerce of the United States.”

Sec. 102 Definitions

added
(a)
added In general— Section 40102(9) of title 46, United States Code, is amended—
(1)
added 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)
added by striking “means an ocean common carrier” and inserting the following:

added “(A) an ocean common carrier”

(3)
added in subparagraph (A)(ii), as so redesignated, by striking the period and inserting “; or”; and
(4)
added by adding at the end the following:

added “(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—

added “(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;

added “(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

added “(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)
added 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

added
(a)
added In general— Section 40504(c) of title 46, United States Code, is amended—
(1)
added in the subsection heading by striking “Exemption” and inserting “Exemption and investigation”;
(2)
added by striking the period at the end and inserting “; and”;
(3)
added by striking “may exempt” and inserting the following:

added “(1) exempt”

(4)
added by adding at the end the following:

added “(2) investigate complaints submitted under section 40505.”

(b)
added Complaints against shipping exchanges— Chapter 405 of title 46, United States Code, is amended by adding at the end the following:

added “40505. Complaints against shipping exchanges

added “(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.

added “(b) Investigation—Upon receipt of a submission of information under subsection (a), the Commission shall promptly investigate the accuracy of such information.

added “(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)
added Clerical amendment— The analysis for chapter 405 of title 46, United States Code, is amended by adding at the end the following:

Sec. 104 Repeal

added
(a)
added In general— Section 40706 of title 46, United States Code, is repealed.
(b)
added 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

added

added Section 41110 of title 46, United States Code, is amended—

(1)
added by striking “The Federal Maritime Commission” and inserting “(a) Quarterly report.—The Federal Maritime Commission”; and
(2)
added by adding at the end the following:

added “(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—

added “(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;

added “(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

added “(3) submitted to the Department of Commerce pursuant to section 301 of title 13.”

Sec. 106 National Advisory Committees

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

added “42503. National Port Advisory Committee

added “(a) Establishment—There is established a National Port Advisory Committee (in this section referred to as the “Port Committee”).

added “(b) Membership

added “(1) In general—The Port Committee shall consist of 13 members appointed by the Commission in accordance with this section.

added “(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.

added “(3) Representation—Members of the Port Committee shall be appointed as follows:

added “(A) 5 members shall represent marine terminal operators, as defined in section 40102.

added “(B) 5 members shall represent port authorities.

added “(C) 3 members shall represent longshore and maritime labor.

added “42504. National Ocean Carrier Advisory Committee

added “(a) Establishment—There is established a National Ocean Carrier Advisory Committee (in this section referred to as the Carrier Committee’).

added “(b) Membership

added “(1) In general—The Carrier Committee shall consist of 9 members appointed by the Commission in accordance with this section.

added “(2) Expertise—Each member of the Carrier Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.

added “(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)”.

added “42505. Function

added “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)
added Conforming amendments—
(1)
added Definitions— Section 42501 of title 46, United States Code, is amended by striking paragraph (2) and inserting the following:

added “(2) Covered Committee—The term “covered Committee” means—

added “(A) the National Shipper Advisory Committee established under section 42502;

added “(B) the National Seaport Advisory Committee established under section 42503; and

added “(C) the National Ocean Carrier Advisory Committee established under section 52504.”

(2)
added Administration— Section 42506 of title 46, United States Code, as redesignated by subsection (b)(1), is amended—
(A)
added by striking “The Committee” each place it appears except in subsection (k) and inserting “Each covered Committee”;
(B)
added in subsection (a) by striking “the Committee” and inserting “each such Committee”;
(C)
added in subsections (b), (c), (d), (e), (f), and (j) by striking “the Committee” each place it appears and inserting “a covered Committee”;
(D)
added in subsection (h)—
(i)
added in paragraph (1)—
(I)
added by striking “Chair of the Committee” and inserting “Chair of each covered Committee”; and
(II)
added by striking “function of the Committee” and inserting “function of the applicable Committee”; and
(ii)
added in paragraph (2) by striking “the Committee” and inserting “each covered Committee”;
(E)
added in subsection (i)—
(i)
added 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)
added in paragraph (2) by striking “the Committee” and inserting “each such Committee”;
(iii)
added in paragraph (3)—
(I)
added by striking “from the Committee” and inserting “from a covered Committee”; and
(II)
added in subparagraph (B) by striking “to the Committee” and inserting “to the submitting Committee”; and
(iv)
added in paragraph (4) by striking “from the Committee” and inserting “from a covered Committee”; and
(F)
added in subsection (k) by striking “The Committee” and inserting “Covered Committees”.

Sec. 107 Annual report and public disclosures

added
(a)
added Report on Foreign Laws and Practices— Section 46106(b) of title 46, United States Code, is amended—
(1)
added in paragraph (6)—
(A)
added by striking “and” at the end; and
(B)
added by striking “under this part” and inserting “under chapter 403”;
(2)
added in paragraph (7)—
(A)
added by inserting “anticompetitive, nonreciprocal trade, or” before “otherwise concerning practices”;
(B)
added by inserting “or marine terminal operators” after “controlled carriers”; and
(C)
added by striking the period at the end and inserting a semicolon; and
(3)
added by adding at the end the following:

added “(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

added “(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)
added 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

added
(a)
added 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)
added 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).

Sec. 201 Data standard for maritime freight logistics

added
(a)
added 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)
added Consultation— During the public comment period for the rulemaking under subsection (a), the Commission shall consult with—
(1)
added the National Shippers Advisory Board established under section 42502 of title 46, United States Code; and
(2)
added the Secretaries of Transportation, Commerce, and Agriculture.
(c)
added Contents— The rulemaking under subsection (a) shall—
(1)
added develop a data standard for the voluntary sharing of appropriate supply chain data with—
(A)
added a common lexicon of standard terms and methods of measurements;
(B)
added a method to exchange data in real time amongst relevant stakeholders;
(C)
added appropriate data protections to ensure confidentiality of proprietary business information; and
(D)
added appropriate cybersecurity measures to protect data from unauthorized use;
(2)
added incorporate data from stakeholders to facilitate—
(A)
added the arrival, unloading, loading, and departure of vessels;
(B)
added cargo availability and pick up reservation;
(C)
added chassis availability; and
(D)
added other data elements the Commission consider prudent; and
(3)
added 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)
added are developed in open, transparent, impartial, balanced, consensus-based processes;
(B)
added are performance-based, technology neutral, and vendor neutral;
(C)
added are interoperable, allowing for the exchange and use of data between devices and systems;
(D)
added are market relevant and globally applicable;
(E)
added are nonduplicative of, and coherent with, other relevant standards, guides, best practices, and frameworks; and
(F)
added allow information owners to control what information is shared, when information is shared, with whom, and for what purpose; and
(4)
added 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)
added 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)
added 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)
added 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)
added the port infrastructure development program under section 54301(a) of title 46, United States Code; or
(2)
added the maritime transportation system emergency relief program under section 50308 of title 46, United States Code.
(g)
added 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

added
(a)
added 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)
added any anticompetitive advantages benefitting the Shanghai Shipping Exchange; and
(2)
added 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)
added Elements— The study and assessment required under subsection (a) shall address the following:
(1)
added The influence of the government of the People’s Republic of China on the Shanghai Shipping Exchange.
(2)
added The impact of such business practices or influence on American consumers and businesses.
(3)
added 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)
added 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)
added Report—
(1)
added 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)
added Public availability— The Secretary shall publish the report required under paragraph (1) on a publicly accessible website of the Department of Transportation.
(d)
added Appropriate independent entity described— An appropriate independent entity described in this subsection is—
(1)
added a federally funded research and development center sponsored by a Federal agency;
(2)
added the Transportation Research Board of the National Academies;
(3)
added the Government Accountability Office; or
(4)
added 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)
added 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

added
(a)
added In general— Chapter 503 of title 46, United States Code, is amended by adding at the end the following:

added “50309. Prohibited use

added “(a) In general—A covered entity shall not utilize covered logistics software.

added “(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.

added “(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.

added “(d) Review—In preparing the guidance under subsection (b), the Secretary shall review the list of Chinese state-affiliated entities included in—

added “(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

added “(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).

added “(e) Definitions—In this section:

added “(1) Covered logistics software—The term “covered logistics software” means—

added “(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;

added “(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

added “(C) any other logistics platform or software that shares data with a system described in paragraphs (a) or (b).

added “(2) Covered entity—The term covered entity means an entity that receives funding after the date of enactment of this section under—

added “(A) the port infrastructure development program under subsections (a) and (b) of section 54301; or

added “(B) the maritime transportation system emergency relief program under section 50308.”

(b)
added Clerical amendment— The analysis for chapter 503 of title 46, United States Code, is amended by adding at the end the following:

Sec. 301 Technical amendments

added
(a)
added Administration— Section 15109 of title 46, United States Code, is amended—
(1)
added in subsection (a)(2) by striking “15102,” and inserting “15102”; and
(2)
added in subsection (k)(1) by inserting “or to which this chapter applies” after “under this chapter”.
(b)
added Investigations— Section 41302(a) of title 46, United States Code, is amended by striking “conduct agreement” and inserting “conduct, agreement”.
(c)
added Award of reparations— Section 41305(c) is amended by striking “section subsection” and inserting “subsection”.
(d)
added 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:

added “(3) Representation—Members of the Committee shall be appointed as follows:

added “(A) Twelve members”

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

added “425 National Port Advisory Committee”

(h)
added Annual report and public disclosure—
(1)
added Conforming amendment— The heading for section 46106 of title 46, United States Code, is amended by inserting “and public disclosure” after “report”.
(2)
added 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: