[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1836 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1836
To amend title 46, United States Code, to make technical corrections
with respect to ocean shipping authorities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 28, 2023
Mr. Johnson of South Dakota (for himself and Mr. Garamendi) introduced
the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 46, United States Code, to make technical corrections
with respect to ocean shipping authorities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ocean Shipping Reform Implementation
Act of 2023''.
SEC. 2. 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. 3. DEFINITIONS.
(a) In General.--Section 40102(9) of title 46, United States Code,
is amended--
(1) in subparagraph (A) by striking ``or'' at the end;
(2) in subparagraph (B) by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(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--
``(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 ``controlled carriers'' and all
that follows through the period at the end and inserting ``controlled
carriers.''.
SEC. 4. SERVICE CONTRACTS.
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.
(a) In General.--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--
``(1) alleged violations by shipping exchanges (as such
term is defined in section 40504);
``(2) alleged violations of regulations issued by the
Commission; or
``(3) alleged incidents of market manipulation or other
anticompetitive practices by such shipping exchanges.
``(b) Investigation.--Upon receipt of a submission of information
under subsection (a), the Commission shall promptly investigate the
accuracy of such information.''.
(b) 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. 6. 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) Prohibition on Duplication.--Data required to be reported
under subsection (a) may not duplicate information--
``(1) submitted to the Corps of Engineers pursuant to
section 11 of the Act entitled `An Act authorizing the
construction, repair, and preservation of certain public works
on rivers and harbors, and for other purposes', approved
September 22, 1922 (33 U.S.C. 555), by an ocean common carrier
acting as a vessel operator; or
``(2) submitted pursuant to section 481 of the Tariff Act
of 1930 (19 U.S.C. 1481) to U.S. Customs and Border Protection
by merchandise importers.''.
SEC. 7. 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 ``(in this section referred to as the `Shipper
Committee').'';
(2) in subsections (b) and (c) by striking ``Committee''
each place it appears and inserting ``Shipper Committee''; and
(3) in subsection (c)(3)--
(A) in subparagraph (A) by inserting ``, including
ocean transportation intermediaries (as such term is
defined in section 40102)'' after ``ocean common
carriers''; and
(B) in subparagraph (B) by striking ``ocean common
carriers'' and inserting ``ocean common carriers
described in subparagraph (A)''.
(b) National Seaport Advisory Committee.--Chapter 425 of title 46,
United States Code, is amended--
(1) by redesignating section 42503 as section 42504; and
(2) by inserting after section 42502 the following:
``Sec. 42503. National Seaport Advisory Committee
``(a) Establishment.--There is established a National Seaport
Advisory Committee (in this section referred to as the `Seaport
Committee').
``(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.
``(c) Membership.--
``(1) In general.--The Seaport Committee shall consist of
24 members appointed by the Commission in accordance with this
section.
``(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.
``(3) Representation.--Members of the Seaport Committee
shall be appointed as follows:
``(A) Eight members shall represent marine terminal
operators, as defined in section 40102.
``(B) Sixteen members shall represent port
authorities.''.
(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; and
``(B) the National Seaport Advisory Committee
established under section 42503.''.
(2) Administration.--Section 42504 of title 46, United
States Code, as redesignated by subsection (b)(1), is amended--
(A) by striking ``The Committee'' each place it
appears and inserting ``Each covered Committee'';
(B) in subsection (a) by striking ``the Committee''
each place it appears 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''; and
(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''.
SEC. 8. 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 ``ocean common 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 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. 9. 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 port authority shall not utilize--
``(1) the national transportation logistics public
information platform (commonly referred to as `LOGINK')
provided by the People's Republic of China; or
``(2) a similar system provided by Chinese state-affiliated
entities.
``(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
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
``(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) 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--
``(1) the port infrastructure development program under
subsections (a) and (b) of section 54301; or
``(2) 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.''.
SEC. 10. MARINE TERMINAL AND DWELL TIME STATISTICS.
(a) In General.--Chapter 63 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 6315. Marine terminal and dwell time statistics
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Bureau of Transportation Statistics.
``(2) Marine container.--The term `marine container' means
an intermodal container with a length of--
``(A) not less than 20 feet; and
``(B) not greater than 53 feet.
``(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.
``(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.
``(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.
``(b) Authority To Collect Data.--
``(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--
``(A) each port, marine terminal operator, and
ocean common carrier; and
``(B) each chassis owner or provider with a fleet
of over 50 chassis that supply chassis for a fee.
``(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.
``(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--
``(1) the dwell time of equipment used in intermodal
transportation at the top 25 ports, including inland ports, by
20-foot equivalent unit, including--
``(A) total street dwell time, from all causes, of
marine containers and marine container chassis; and
``(B) the average out of service percentage, which
shall not be identifiable with any particular port,
marine terminal operator, or chassis provider; and
``(2) for each port--
``(A) the yard capacity for marine containers;
``(B) the yard utilization by marine containers;
``(C) the berthing schedule and windows;
``(D) the total number of marine containers leaving
(commonly referred to as `gate-out');
``(E) the total number of marine containers
entering (commonly referred to as `gate-in');
``(F) the total number of marine containers
unloaded daily from vessels;
``(G) the total number of marine containers loaded
daily from vessels; and
``(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).
``(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) Rulemaking To Define Turn Time.--
(1) 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) Content.--The rulemaking under paragraph (1)--
(A) 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) 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) Clerical Amendment.--The analysis for chapter 63 of title 49,
United States Code, is amended by adding at the end the following:
``6315. Marine terminal and dwell time statistics.''.
(d) Repeal.--Section 16 of the Ocean Shipping Reform Act of 2022
(Public Law 117-146) is repealed.
SEC. 11. CONTAINERIZED FREIGHT INDEXES.
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.
(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. 13. 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 to
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. 14. 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(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:
``(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 analysis for chapter 425 of title 46, United
States Code, is amended to read as follows:
``Chapter 425--National Advisory Committees
``Sec.
``42501. Definitions.
``42502. National Shipper Advisory Committee.
``42503. National Seaport Advisory Committee.''.
(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
related to section 46106 and inserting the following:
``46106. Annual report and public disclosure.''.
(i) 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''.
<all>