IB 

Union Calendar No. 177 

118TH CONGRESS 

1ST SESSION H. R. 1836 

[Report No. 118–218] 

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 

SEPTEMBER 26, 2023 

Additional sponsors: Mrs. STEEL and Mr. COSTA

SEPTEMBER 26, 2023 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 28, 2023] 


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A BILL 

To amend title 46, United States Code, to make technical 

corrections with respect to ocean shipping authorities, 

and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ocean Shipping Reform 

5 Implementation Act of 2023’’. 

6 TITLE I—FEDERAL MARITIME 

7 COMMISSION 

8 SEC. 101. PURPOSES. 

9 Section 40101 of title 46, United States Code, is 

10 amended— 

11 (1) in paragraph (1) by striking ‘‘with’’ and all 

12 that follows through ‘‘regulatory costs’’; 

13 (2) in paragraph (2) by striking ‘‘in the ocean 

14 commerce of the United States’’ and inserting ‘‘for the 

15 common carriage of goods by water in the foreign 

16 commerce of the United States’’; 

17 (3) in paragraph (3) by striking ‘‘and’’ at the 

18 end; 

19 (4) in paragraph (4)— 

20 (A) by striking ‘‘promote’’ and inserting 

21 ‘‘support’’; and 

22 (B) by striking ‘‘, and’’ and all that follows 

23 through the period and inserting ‘‘; and’’; and 

24 (5) by adding at the end the following: 


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1 ‘‘(5) promote reciprocal trade in the common 

2 carriage of goods by water in the foreign commerce of 

3 the United States.’’. 

4 SEC. 102. DEFINITIONS. 

5 (a) IN GENERAL.—Section 40102(9) of title 46, United 

6 States Code, is amended— 

7 (1) by redesignating subparagraphs (A) and (B) 

8 as clauses (i) and (ii), respectively and by moving the 

9 margins of clauses (i) and (ii), as redesignated, ac10 cordingly; 

11 (2) by striking ‘‘means an ocean common car12 rier’’ and inserting the following: ‘‘means— 

13 ‘‘(A) an ocean common carrier’’; 

14 (3) in subparagraph (A)(ii), as so redesignated, 

15 by striking the period and inserting ‘‘; or’’; and 

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

17 ‘‘(B) such a carrier that is owned or con18 trolled by, a subsidiary of, or otherwise related 

19 legally or financially (other than a minority re20 lationship or investment) to a corporation based 

21 in a country— 

22 ‘‘(i) identified as a nonmarket econ23 omy country (as defined in section 771(18) 

24 of the Tariff Act of 1930 (19 U.S.C. 


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1 1677(18))) as of the date of enactment of 

2 this paragraph; 

3 ‘‘(ii) identified by the United States 

4 Trade Representative in the most recent re5 port required by section 182 of the Trade 

6 Act of 1974 (19 U.S.C. 2242) as a priority 

7 foreign country under subsection (a)(2) of 

8 that section; or 

9 ‘‘(iii) subject to monitoring by the 

10 United States Trade Representative under 

11 section 306 of the Trade Act of 1974 (19 

12 U.S.C. 2416).’’. 

13 (b) CONFORMING AMENDMENT.—Section 46106(b)(7) 

14 of title 46, United States Code, is amended by striking 

15 ‘‘ocean common carriers, particularly such carriers that are 

16 controlled carriers’’ and all that follows through the period 

17 at the end and inserting ‘‘controlled carriers;’’. 

18 SEC. 103. COMPLAINTS AGAINST SHIPPING EXCHANGES. 

19 (a) IN GENERAL.—Section 40504(c) of title 46, United 

20 States Code, is amended— 

21 (1) in the subsection heading by striking ‘‘EX22 EMPTION’’ and inserting ‘‘EXEMPTION AND INVES23 TIGATION’’; 

24 (2) by striking the period at the end and insert25 ing ‘‘; and’’; 


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1 (3) by striking ‘‘may exempt’’ and inserting the 

2 following: ‘‘may— 

3 ‘‘(1) exempt’’; and 

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

5 ‘‘(2) investigate complaints submitted under sec6 tion 40505.’’. 

7 (b) COMPLAINTS AGAINST SHIPPING EXCHANGES.— 

8 Chapter 405 of title 46, United States Code, is amended 

9 by adding at the end the following: 

10 ‘‘§ 40505. Complaints against shipping exchanges 

11 ‘‘(a) IN GENERAL.—A person may submit to the Fed12 eral Maritime Commission, and the Commission shall ac13 cept, information concerning alleged incidents of market 

14 manipulation or other anticompetitive practices by ship15 ping exchanges registered under section 40504. 

16 ‘‘(b) INVESTIGATION.—Upon receipt of a submission of 

17 information under subsection (a), the Commission shall 

18 promptly investigate the accuracy of such information. 

19 ‘‘(c) REPORT TO CONGRESS.—The Commission shall 

20 submit to the Committee on Transportation and Infrastruc21 ture of the House of Representatives and the Committee on 

22 Commerce, Science, and Transportation of the Senate the 

23 results of any investigation in which the Commission finds 

24 incidents of market manipulation or anticompetitive pracVerDate Sep 11 2014 02:42 Sep 27, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1836.RH H1836

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1 tices by shipping exchanges registered under section 

2 40504.’’. 

3 (c) CLERICAL AMENDMENT.—The analysis for chapter 

4 405 of title 46, United States Code, is amended by adding 

5 at the end the following: 

‘‘40505. Complaints against shipping exchanges.’’. 

6 SEC. 104. REPEAL. 

7 (a) IN GENERAL.—Section 40706 of title 46, United 

8 States Code, is repealed. 

9 (b) CLERICAL AMENDMENT.—The analysis for chapter 

10 407 of title 46, United States Code, is amended by striking 

11 the item relating to section 40706. 

12 SEC. 105. DATA COLLECTION. 

13 Section 41110 of title 46, United States Code, is 

14 amended— 

15 (1) by striking ‘‘The Federal Maritime Commis16 sion’’ and inserting ‘‘(a) QUARTERLY REPORT.—The 

17 Federal Maritime Commission’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(b) LIMITATION ON DUPLICATION.—Unless the data 

20 described in paragraphs (1) and (2) is not available in a 

21 timely manner or in a form that allows the Commission 

22 to meet the requirements of subsection (a), data required 

23 to be reported under subsection (a) may not duplicate infor24 mation— 


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1 ‘‘(1) submitted to the Corps of Engineers pursu2 ant to section 11 of the Act entitled ‘An Act author3 izing the construction, repair, and preservation of 

4 certain public works on rivers and harbors, and for 

5 other purposes’, approved September 22, 1922 (33 

6 U.S.C. 555), by an ocean common carrier acting as 

7 a vessel operator; 

8 ‘‘(2) submitted pursuant to section 481 of the 

9 Tariff Act of 1930 (19 U.S.C. 1481) to U.S. Customs 

10 and Border Protection by merchandise importers; or 

11 ‘‘(3) submitted to the Department of Commerce 

12 pursuant to section 301 of title 13.’’. 

13 SEC. 106. NATIONAL ADVISORY COMMITTEES. 

14 (a) NATIONAL SHIPPER ADVISORY COMMITTEE.—Sec15 tion 42502 of title 46, United States Code, is amended— 

16 (1) in subsection (a) by striking ‘‘Committee.’’ 

17 and inserting ‘‘Committee (in this section referred to 

18 as the ‘Shipper Committee’).’’; 

19 (2) by striking subsection (b); 

20 (3) by redesignating subsection (c) as subsection 

21 (b); and 

22 (4) in subsection (b), as so redesignated, by strik23 ing ‘‘Committee’’ each place it appears and inserting 

24 ‘‘Shipper Committee’’. 


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1 (b) NATIONAL PORT ADVISORY COMMITTEE.—Chapter 

2 425 of title 46, United States Code, is amended— 

3 (1) by redesignating section 42503 as section 

4 42506; and 

5 (2) by inserting after section 42502 the fol6 lowing: 

7 ‘‘§ 42503. National Port Advisory Committee 

8 ‘‘(a) ESTABLISHMENT.—There is established a Na9 tional Port Advisory Committee (in this section referred to 

10 as the ‘Port Committee’). 

11 ‘‘(b) MEMBERSHIP.— 

12 ‘‘(1) IN GENERAL.—The Port Committee shall 

13 consist of 13 members appointed by the Commission 

14 in accordance with this section. 

15 ‘‘(2) EXPERTISE.—Each member of the Port 

16 Committee shall have particular expertise, knowledge, 

17 and experience in matters relating to the function of 

18 the Port Committee. 

19 ‘‘(3) REPRESENTATION.—Members of the Port 

20 Committee shall be appointed as follows: 

21 ‘‘(A) 5 members shall represent marine ter22 minal operators, as defined in section 40102. 

23 ‘‘(B) 5 members shall represent port au24 thorities. 


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1 ‘‘(C) 3 members shall represent longshore 

2 and maritime labor. 

3 ‘‘§ 42504. National Ocean Carrier Advisory Committee 

4 ‘‘(a) ESTABLISHMENT.—There is established a Na5 tional Ocean Carrier Advisory Committee (in this section 

6 referred to as the Carrier Committee’). 

7 ‘‘(b) MEMBERSHIP.— 

8 ‘‘(1) IN GENERAL.—The Carrier Committee shall 

9 consist of 9 members appointed by the Commission in 

10 accordance with this section. 

11 ‘‘(2) EXPERTISE.—Each member of the Carrier 

12 Committee shall have particular expertise, knowledge, 

13 and experience in matters relating to the function of 

14 the Committee. 

15 ‘‘(3) REPRESENTATION.—Members of the Carrier 

16 Committee shall represent ocean carriers serving such 

17 seaports and terminals, of which at least three shall 

18 be ocean transportation intermediaries (as such term 

19 is defined in section 40102)’’. 

20 ‘‘§ 42505. Function 

21 ‘‘The covered Committees shall advise the Federal Mar22 itime Commission on policies relating to the competitive23 ness, reliability, and efficiency of the international ocean 

24 freight delivery system.’’. 

25 (c) CONFORMING AMENDMENTS.— 


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1 (1) DEFINITIONS.—Section 42501 of title 46, 

2 United States Code, is amended by striking para3 graph (2) and inserting the following: 

4 ‘‘(2) COVERED COMMITTEE.—The term ‘covered 

5 Committee’ means— 

6 ‘‘(A) the National Shipper Advisory Com7 mittee established under section 42502; 

8 ‘‘(B) the National Seaport Advisory Com9 mittee established under section 42503; and 

10 ‘‘(C) the National Ocean Carrier Advisory 

11 Committee established under section 52504.’’. 

12 (2) ADMINISTRATION.—Section 42506 of title 46, 

13 United States Code, as redesignated by subsection 

14 (b)(1), is amended— 

15 (A) by striking ‘‘The Committee’’ each place 

16 it appears except in subsection (k) and inserting 

17 ‘‘Each covered Committee’’; 

18 (B) in subsection (a) by striking ‘‘the Com19 mittee’’ and inserting ‘‘each such Committee’’; 

20 (C) in subsections (b), (c), (d), (e), (f), and 

21 (j) by striking ‘‘the Committee’’ each place it ap22 pears and inserting ‘‘a covered Committee’’; 

23 (D) in subsection (h)— 

24 (i) in paragraph (1)— 


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1 (I) by striking ‘‘Chair of the Com2 mittee’’ and inserting ‘‘Chair of each 

3 covered Committee’’; and 

4 (II) by striking ‘‘function of the 

5 Committee’’ and inserting ‘‘function of 

6 the applicable Committee’’; and 

7 (ii) in paragraph (2) by striking ‘‘the 

8 Committee’’ and inserting ‘‘each covered 

9 Committee’’; 

10 (E) in subsection (i)— 

11 (i) in paragraph (1) by striking ‘‘the 

12 Committee if the function of the Committee’’ 

13 and inserting ‘‘any relevant covered Com14 mittee if the function of such Committee’’; 

15 (ii) in paragraph (2) by striking ‘‘the 

16 Committee’’ and inserting ‘‘each such Com17 mittee’’; 

18 (iii) in paragraph (3)— 

19 (I) by striking ‘‘from the Com20 mittee’’ and inserting ‘‘from a covered 

21 Committee’’; and 

22 (II) in subparagraph (B) by strik23 ing ‘‘to the Committee’’ and inserting 

24 ‘‘to the submitting Committee’’; and 


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1 (iv) in paragraph (4) by striking 

2 ‘‘from the Committee’’ and inserting ‘‘from 

3 a covered Committee’’; and 

4 (F) in subsection (k) by striking ‘‘The Com5 mittee’’ and inserting ‘‘Covered Committees’’. 

6 SEC. 107. ANNUAL REPORT AND PUBLIC DISCLOSURES. 

7 (a) REPORT ON FOREIGN LAWS AND PRACTICES.— 

8 Section 46106(b) of title 46, United States Code, is amend9 ed— 

10 (1) in paragraph (6)— 

11 (A) by striking ‘‘and’’ at the end; and 

12 (B) by striking ‘‘under this part’’ and in13 serting ‘‘under chapter 403’’; 

14 (2) in paragraph (7)— 

15 (A) by inserting ‘‘anticompetitive, nonrecip16 rocal trade, or’’ before ‘‘otherwise concerning 

17 practices’’; 

18 (B) by inserting ‘‘or marine terminal oper19 ators’’ after ‘‘controlled carriers’’; and 

20 (C) by striking the period at the end and 

21 inserting a semicolon; and 

22 (3) by adding at the end the following: 

23 ‘‘(8) an analysis of any trade imbalance result24 ing from the business practices of ocean common carVerDate Sep 11 2014 02:42 Sep 27, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H1836.RH H1836

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1 riers, including an analysis of the data collected 

2 under section 41110; and 

3 ‘‘(9) the aggregated findings and results of the 

4 Vessel-Operating Common Carrier Audit Program es5 tablished by the Commission on July 18, 2021, pursu6 ant to the Commission rule interpreting section 

7 41102(c).’’. 

8 (b) PUBLIC DISCLOSURE.—Section 46106(d)(2) of title 

9 46, United States Code, is amended by inserting ‘‘or marine 

10 terminal operator’’ after ‘‘common carrier’’. 

11 SEC. 108. CONTAINERIZED FREIGHT INDEXES. 

12 (a) IN GENERAL.—Not later than 1 year after the date 

13 of enactment of this Act, the Federal Maritime Commission 

14 shall promulgate an advance notice of proposed rulemaking 

15 on price indexes for containerized ocean freight for shippers 

16 (as such term is defined in section 40102 of title 46, United 

17 States Code) in the United States published by a shipping 

18 exchange registered under section 40504 of title 46, United 

19 States Code. 

20 (b) FINAL RULE.— Not later than 3 years after the 

21 date of enactment of this Act, the Commission shall publish 

22 a final rule with respect to the advance notice of proposed 

23 rulemaking under subsection (a). 


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1 TITLE II—OTHER AGENCIES 

2 SEC. 201. DATA STANDARD FOR MARITIME FREIGHT LOGIS3 TICS. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of enactment of this Act, the Federal Maritime Com6 mission shall promulgate an advance notice of proposed 

7 rulemaking on a data standard for maritime freight logis8 tics and ocean transportation in the foreign commerce of 

9 the United States. 

10 (b) CONSULTATION.—During the public comment pe11 riod for the rulemaking under subsection (a), the Commis12 sion shall consult with— 

13 (1) the National Shippers Advisory Board estab14 lished under section 42502 of title 46, United States 

15 Code; and 

16 (2) the Secretaries of Transportation, Commerce, 

17 and Agriculture. 

18 (c) CONTENTS.—The rulemaking under subsection (a) 

19 shall— 

20 (1) develop a data standard for the voluntary 

21 sharing of appropriate supply chain data with— 

22 (A) a common lexicon of standard terms 

23 and methods of measurements; 

24 (B) a method to exchange data in real time 

25 amongst relevant stakeholders; 


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1 (C) appropriate data protections to ensure 

2 confidentiality of proprietary business informa3 tion; and 

4 (D) appropriate cybersecurity measures to 

5 protect data from unauthorized use; 

6 (2) incorporate data from stakeholders to facili7 tate— 

8 (A) the arrival, unloading, loading, and de9 parture of vessels; 

10 (B) cargo availability and pick up reserva11 tion; 

12 (C) chassis availability; and 

13 (D) other data elements the Commission 

14 consider prudent; and 

15 (3) consider relevant data standards used or 

16 under development within the private sector and 

17 whether to adopt or otherwise incorporate such stand18 ards into the rule finalized under this subsection, 

19 with priority given to standards that— 

20 (A) are developed in open, transparent, im21 partial, balanced, consensus-based processes; 

22 (B) are performance-based, technology neu23 tral, and vendor neutral; 


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1 (C) are interoperable, allowing for the ex2 change and use of data between devices and sys3 tems; 

4 (D) are market relevant and globally appli5 cable; 

6 (E) are nonduplicative of, and coherent 

7 with, other relevant standards, guides, best prac8 tices, and frameworks; and 

9 (F) allow information owners to control 

10 what information is shared, when information is 

11 shared, with whom, and for what purpose; and 

12 (4) be consistent with section 12(d) of the Na13 tional Technology Transfer and Advancement Act of 

14 1995 (Public Law 104–113; 15 U.S.C. 272 note) in15 cluding any standard for the voluntary sharing of ap16 propriate supply chain data developed thereunder. 

17 (d) THIRD-PARTY AGREEMENT.—The Commission 

18 may enter into an agreement with 1 or more appropriate 

19 independent entities based in the United States that operate 

20 as voluntary consensus standards setting organizations as 

21 defined for purposes of section 12(d) of the National Tech22 nology Transfer and Advancement Act of 1995 (Public Law 

23 104–113) and Office of Management and Budget Revised 

24 Circular A–119, published in the Federal Register on Janu25 ary 27, 2016 (81 Fed. Reg. 4673), to develop the data standVerDate Sep 11 2014 02:42 Sep 27, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H1836.RH H1836

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1 ard for maritime freight logistics and ocean transportation 

2 in the foreign commerce of the United States for the rule3 making under subsection (a) and for procurement or other 

4 relevant programmatic activities, consistent with the re5 quirements of this section. 

6 (e) GRANT CRITERION.—If the rulemaking under sub7 section (a) is finalized, the Secretary of Transportation 

8 may require a covered port authority to adopt any data 

9 standard issued pursuant to this section for relevant oper10 ational use cases, as determined by the Secretary. 

11 (f) DEFINITION OF COVERED PORT AUTHORITY.—In 

12 this section, the term ‘‘covered port authority’’ means a port 

13 authority that receives funding after the date on which a 

14 rule is finalized under this section under— 

15 (1) the port infrastructure development program 

16 under section 54301(a) of title 46, United States 

17 Code; or 

18 (2) the maritime transportation system emer19 gency relief program under section 50308 of title 46, 

20 United States Code. 

21 (g) RULE OF CONSTRUCTION.—Nothing in this section 

22 shall be construed to require the Commission to develop a 

23 data standard that violates the confidentiality and disclo24 sure policies established under subchapter III of chapter 35 

25 of title 44, United States Code. 


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1 SEC. 202. INDEPENDENT STUDY AND REPORT ON SHANG2 HAI SHIPPING EXCHANGE. 

3 (a) STUDY.—Not later than 1 year after the date of 

4 the enactment of this Act, the Secretary of Transportation 

5 shall enter into an agreement with an appropriate inde6 pendent entity described in subsection (d) to conduct a 

7 study and assessment of the business practices of the Shang8 hai Shipping Exchange, including— 

9 (1) any anticompetitive advantages benefitting 

10 the Shanghai Shipping Exchange; and 

11 (2) the ability of the Ministry of Transport of 

12 the People’s Republic of China and the Shanghai 

13 Shipping Exchange to manipulate container freight 

14 markets. 

15 (b) ELEMENTS.—The study and assessment required 

16 under subsection (a) shall address the following: 

17 (1) The influence of the government of the Peo18 ple’s Republic of China on the Shanghai Shipping 

19 Exchange. 

20 (2) The impact of such business practices or in21 fluence on American consumers and businesses. 

22 (3) The ability of a shipping exchange registered 

23 under section 40504 of title 46, United States Code, 

24 and based in the United States to identify market 

25 manipulation as described in subsection (a)(2) or any 

26 otherwise concerning practices by the Shanghai ShipVerDate Sep 11 2014 02:42 Sep 27, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\H1836.RH H1836

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1 ping Exchange and report such incidents to the Fed2 eral Maritime Commission and other Federal regu3 lators. 

4 (4) Any other matters the Secretary or the ap5 propriate independent entity that enters into an 

6 agreement under this section determines to be appro7 priate for the purposes of the study. 

8 (c) REPORT.— 

9 (1) IN GENERAL.—Not later than 1 year after 

10 the date on which the Secretary of Transportation en11 ters into an agreement under this section, the appro12 priate independent entity shall submit to the Sec13 retary, the Committee on Commerce, Science, and 

14 Transportation of the Senate, and the Committee on 

15 Transportation and Infrastructure of the House of 

16 Representatives a report setting forth the results of the 

17 study conducted under subsection (a). 

18 (2) PUBLIC AVAILABILITY.—The Secretary shall 

19 publish the report required under paragraph (1) on 

20 a publicly accessible website of the Department of 

21 Transportation. 

22 (d) APPROPRIATE INDEPENDENT ENTITY DE23 SCRIBED.—An appropriate independent entity described in 

24 this subsection is— 


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1 (1) a federally funded research and development 

2 center sponsored by a Federal agency; 

3 (2) the Transportation Research Board of the 

4 National Academies; 

5 (3) the Government Accountability Office; or 

6 (4) an organization described in section 501(c) 

7 of the Internal Revenue Code of 1986 and exempt 

8 from taxation under section 501(a) of such Code. 

9 (e) OBTAINING OFFICIAL DATA.—The appropriate 

10 independent entity that enters into an agreement under this 

11 section may secure directly from any department or agency 

12 of the Federal Government information necessary to enable 

13 such entity to carry out this section. Upon request of such 

14 entity, the head of such department or agency shall furnish 

15 such information to the appropriate independent entity, 

16 unless doing so would not be in the public interest. 

17 SEC. 203. POLICY WITH RESPECT TO LOGINK. 

18 (a) IN GENERAL.—Chapter 503 of title 46, United 

19 States Code, is amended by adding at the end the following: 

20 ‘‘§ 50309. Prohibited use 

21 ‘‘(a) IN GENERAL.—A covered entity shall not utilize 

22 covered logistics software. 

23 ‘‘(b) GUIDANCE.—The Secretary of Transportation 

24 shall publish on the website of the Department of Transpor25 tation, and update regularly, a list of prohibited logistics 


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1 information technologies provided by the People’s Republic 

2 of China or Chinese state-affiliated entities. 

3 ‘‘(c) CONSULTATION.—The Secretary shall consult 

4 with the United States-China Economic and Security Re5 view Commission established under section 1238 of the 

6 Floyd D. Spence National Defense Authorization Act for 

7 Fiscal Year 2001 (Public Law 106–398) in carrying out 

8 this section. 

9 ‘‘(d) REVIEW.—In preparing the guidance under sub10 section (b), the Secretary shall review the list of Chinese 

11 state-affiliated entities included in— 

12 ‘‘(1) the list of Communist Chinese military 

13 companies released by the Department of Defense in 

14 accordance with section 1260H of the National De15 fense Authorization Act for Fiscal Year 2021 (10 

16 U.S.C. 113 note); and 

17 ‘‘(2) the most recent ‘Non-SDN Chinese Military18 Industrial Complex Companies List’ published by the 

19 Secretary of the Treasury pursuant to Executive 

20 Order 14032 of June 3, 2021 (86 Fed. Reg. 30145; re21 lating to Addressing the Threat From Securities In22 vestments That Finance Certain Companies of the 

23 People’s Republic of China). 

24 ‘‘(e) DEFINITIONS.—In this section: 


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1 ‘‘(1) COVERED LOGISTICS SOFTWARE.—The term 

2 ‘covered logistics software’ means— 

3 ‘‘(A) the public, open, shared logistics infor4 mation network known as the ‘National Public 

5 Information Platform for Transportation & Lo6 gistics’ by the Ministry of Transport of China or 

7 any affiliate or successor entity; 

8 ‘‘(B) any other transportation logistics soft9 ware designed to be used by covered entities sub10 ject to the jurisdiction, ownership, direction, or 

11 control of a foreign adversary; or 

12 ‘‘(C) any other logistics platform or soft13 ware that shares data with a system described in 

14 paragraphs (a) or (b). 

15 ‘‘(2) COVERED ENTITY.—The term ‘covered enti16 ty’ means an entity that receives funding after the 

17 date of enactment of this section under— 

18 ‘‘(A) the port infrastructure development 

19 program under subsections (a) and (b) of section 

20 54301; or 

21 ‘‘(B) the maritime transportation system 

22 emergency relief program under section 50308.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for chapter 

24 503 of title 46, United States Code, is amended by adding 

25 at the end the following: 

‘‘50309. Prohibited use.’’. 


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1 TITLE III—TECHNICAL 

2 AMENDMENTS 

3 SEC. 301. TECHNICAL AMENDMENTS. 

4 (a) ADMINISTRATION.—Section 15109 of title 46, 

5 United States Code, is amended— 

6 (1) in subsection (a)(2) by striking ‘‘15102,’’ and 

7 inserting ‘‘15102’’; and 

8 (2) in subsection (k)(1) by inserting ‘‘or to which 

9 this chapter applies’’ after ‘‘under this chapter’’. 

10 (b) INVESTIGATIONS.—Section 41302(a) of title 46, 

11 United States Code, is amended by striking ‘‘conduct agree12 ment’’ and inserting ‘‘conduct, agreement’’. 

13 (c) AWARD OF REPARATIONS.—Section 41305(c) is 

14 amended by striking ‘‘section subsection’’ and inserting 

15 ‘‘subsection’’. 

16 (d) NATIONAL SHIPPER ADVISORY COMMITTEE.—Sec17 tion 42502(b)(3) of title 46, United States Code, as redesig18 nated by the preceding provisions of this Act, is amended 

19 by striking ‘‘(3) REPRESENTATION’’ and all that follows 

20 through ‘‘Twelve members’’ and inserting the following: 

21 ‘‘(3) REPRESENTATION.—Members of the Com22 mittee shall be appointed as follows: 

23 ‘‘(A) Twelve members’’. 

24 (e) MONETARY PENALTIES OR REFUNDS.—The anal25 ysis for chapter 411 of title 46, United States Code, is 


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1 amended by striking the item relating to section 41107 and 

2 inserting the following: 

‘‘41107. Monetary penalties or refunds.’’. 

3 (f) NATIONAL ADVISORY COMMITTEES.—The analysis 

4 for subtitle IV of title 46, United States Code, is amended 

5 by striking the item relating to chapter 425 and inserting 

6 the following: 

‘‘425. National Advisory Committees ............................................................ 42501’’. 

7 (g) ANALYSIS.—The heading and analysis for chapter 

8 425 of title 46, United States Code, is amended to read as 

9 follows: 

10 ‘‘CHAPTER 425—NATIONAL PORT 

11 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.’’. 

12 (h) ANNUAL REPORT AND PUBLIC DISCLOSURE.— 

13 (1) CONFORMING AMENDMENT.—The heading for 

14 section 46106 of title 46, United States Code, is 

15 amended by inserting ‘‘and public disclosure’’ 

16 after ‘‘report’’. 

17 (2) CLERICAL AMENDMENT.—The analysis for 

18 chapter 461 of title 46, United States Code, is amend19 ed by striking the item relating to section 46106 and 

20 inserting the following: 


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26 

•HR 1836 RH

‘‘46106. Annual report and public disclosure.’’. 


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Union Calendar No. 177 

118TH CONGRESS 

1ST SESSION H. R. 1836 

[Report No. 118–218] 

A BILL 

To amend title 46, United States Code, to make 

ping authorities, and for other purposes. technical corrections with respect to ocean shipSEPTEMBER 26, 2023 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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