I 

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. 

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 Re5 form Implementation Act of 2023’’. 

6 SEC. 2. PURPOSES. 

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

8 amended— 


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

2 that follows through ‘‘regulatory costs’’; 

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

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

5 the common carriage of goods by water in the for6 eign commerce of the United States’’; 

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

8 end; 

9 (4) in paragraph (4)— 

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

11 ‘‘support’’; and 

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

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

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

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

16 carriage of goods by water in the foreign commerce 

17 of the United States.’’. 

18 SEC. 3. DEFINITIONS. 

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

20 United States Code, is amended— 

21 (1) in subparagraph (A) by striking ‘‘or’’ at the 

22 end; 

23 (2) in subparagraph (B) by striking the period 

24 and inserting ‘‘; or’’; and 

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


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1 ‘‘(C) owned or controlled by, a subsidiary 

2 of, or otherwise related legally or financially 

3 (other than a minority relationship or invest4 ment) to a corporation based in a country— 

5 ‘‘(i) identified as a nonmarket econ6 omy country (as defined in section 771(18) 

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

8 1677(18))) as of the date of enactment of 

9 this paragraph; 

10 ‘‘(ii) identified by the United States 

11 Trade Representative in the most recent 

12 report required by section 182 of the 

13 Trade Act of 1974 (19 U.S.C. 2242) as a 

14 priority foreign country under subsection 

15 (a)(2) of that section; or 

16 ‘‘(iii) subject to monitoring by the 

17 United States Trade Representative under 

18 section 306 of the Trade Act of 1974 (19 

19 U.S.C. 2416).’’. 

20 (b) CONFORMING AMENDMENT.—Section 

21 46106(b)(7) of title 46, United States Code, is amended 

22 by striking ‘‘controlled carriers’’ and all that follows 

23 through the period at the end and inserting ‘‘controlled 

24 carriers.’’. 


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1 SEC. 4. SERVICE CONTRACTS. 

2 Section 40502(c)(9) of title 46, United States Code, 

3 is amended by inserting ‘‘and minimum contract require4 ments’’ after ‘‘essential terms’’. 

5 SEC. 5. COMPLAINTS AGAINST SHIPPING EXCHANGES. 

6 (a) IN GENERAL.—Chapter 405 of title 46, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 40505. Complaints against shipping exchanges 

10 ‘‘(a) IN GENERAL.—A person may submit to the 

11 Federal Maritime Commission, and the Commission shall 

12 accept, information concerning— 

13 ‘‘(1) alleged violations by shipping exchanges 

14 (as such term is defined in section 40504); 

15 ‘‘(2) alleged violations of regulations issued by 

16 the Commission; or 

17 ‘‘(3) alleged incidents of market manipulation 

18 or other anticompetitive practices by such shipping 

19 exchanges. 

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

21 of information under subsection (a), the Commission shall 

22 promptly investigate the accuracy of such information.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for chap24 ter 405 of title 46, United States Code, is amended by 

25 adding at the end the following: 

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


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1 SEC. 6. DATA COLLECTION. 

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

3 amended— 

4 (1) by striking ‘‘The Federal Maritime Commis5 sion’’ and inserting ‘‘(a) QUARTERLY REPORT.—The 

6 Federal Maritime Commission’’; and 

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

8 ‘‘(b) PROHIBITION ON DUPLICATION.—Data required 

9 to be reported under subsection (a) may not duplicate in10 formation— 

11 ‘‘(1) submitted to the Corps of Engineers pur12 suant to section 11 of the Act entitled ‘An Act au13 thorizing the construction, repair, and preservation 

14 of certain public works on rivers and harbors, and 

15 for other purposes’, approved September 22, 1922 

16 (33 U.S.C. 555), by an ocean common carrier acting 

17 as a vessel operator; or 

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

19 Tariff Act of 1930 (19 U.S.C. 1481) to U.S. Cus20 toms and Border Protection by merchandise import21 ers.’’. 

22 SEC. 7. NATIONAL ADVISORY COMMITTEES. 

23 (a) NATIONAL SHIPPER ADVISORY COMMITTEE.— 

24 Section 42502 of title 46, United States Code, is amend25 ed— 


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

2 and inserting ‘‘(in this section referred to as the 

3 ‘Shipper Committee’).’’; 

4 (2) in subsections (b) and (c) by striking ‘‘Com5 mittee’’ each place it appears and inserting ‘‘Shipper 

6 Committee’’; and 

7 (3) in subsection (c)(3)— 

8 (A) in subparagraph (A) by inserting ‘‘, in9 cluding ocean transportation intermediaries (as 

10 such term is defined in section 40102)’’ after 

11 ‘‘ocean common carriers’’; and 

12 (B) in subparagraph (B) by striking 

13 ‘‘ocean common carriers’’ and inserting ‘‘ocean 

14 common carriers described in subparagraph 

15 (A)’’. 

16 (b) NATIONAL SEAPORT ADVISORY COMMITTEE.— 

17 Chapter 425 of title 46, United States Code, is amended— 

18 (1) by redesignating section 42503 as section 

19 42504; and 

20 (2) by inserting after section 42502 the fol21 lowing: 

22 ‘‘§ 42503. National Seaport Advisory Committee 

23 ‘‘(a) ESTABLISHMENT.—There is established a Na24 tional Seaport Advisory Committee (in this section re25 ferred to as the ‘Seaport Committee’). 


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1 ‘‘(b) FUNCTION.—The Seaport Committee shall ad2 vise the Federal Maritime Commission on policies relating 

3 to the competitiveness, reliability, and efficiency of the 

4 international ocean freight delivery system. 

5 ‘‘(c) MEMBERSHIP.— 

6 ‘‘(1) IN GENERAL.—The Seaport Committee 

7 shall consist of 24 members appointed by the Com8 mission in accordance with this section. 

9 ‘‘(2) EXPERTISE.—Each member of the Sea10 port Committee shall have particular expertise, 

11 knowledge, and experience in matters relating to the 

12 function of the Seaport Committee. 

13 ‘‘(3) REPRESENTATION.—Members of the Sea14 port Committee shall be appointed as follows: 

15 ‘‘(A) Eight members shall represent ma16 rine terminal operators, as defined in section 

17 40102. 

18 ‘‘(B) Sixteen members shall represent port 

19 authorities.’’. 

20 (c) CONFORMING AMENDMENTS.— 

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

22 United States Code, is amended by striking para23 graph (2) and inserting the following: 

24 ‘‘(2) COVERED COMMITTEE.—The term ‘cov25 ered Committee’ means— 


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1 ‘‘(A) the National Shipper Advisory Com2 mittee established under section 42502; and 

3 ‘‘(B) the National Seaport Advisory Com4 mittee established under section 42503.’’. 

5 (2) ADMINISTRATION.—Section 42504 of title 

6 46, United States Code, as redesignated by sub7 section (b)(1), is amended— 

8 (A) by striking ‘‘The Committee’’ each 

9 place it appears and inserting ‘‘Each covered 

10 Committee’’; 

11 (B) in subsection (a) by striking ‘‘the 

12 Committee’’ each place it appears and inserting 

13 ‘‘each such Committee’’; 

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

15 (j) by striking ‘‘the Committee’’ each place it 

16 appears and inserting ‘‘a covered Committee’’; 

17 (D) in subsection (h)— 

18 (i) in paragraph (1)— 

19 (I) by striking ‘‘Chair of the 

20 Committee’’ and inserting ‘‘Chair of 

21 each covered Committee’’; and 

22 (II) by striking ‘‘function of the 

23 Committee’’ and inserting ‘‘function 

24 of the applicable Committee’’; and 


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

2 Committee’’ and inserting ‘‘each covered 

3 Committee’’; and 

4 (E) in subsection (i)— 

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

6 Committee if the function of the Com7 mittee’’ and inserting ‘‘any relevant cov8 ered Committee if the function of such 

9 Committee’’; 

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

11 Committee’’ and inserting ‘‘each such 

12 Committee’’; 

13 (iii) in paragraph (3)— 

14 (I) by striking ‘‘from the Com15 mittee’’ and inserting ‘‘from a covered 

16 Committee’’; and 

17 (II) in subparagraph (B) by 

18 striking ‘‘to the Committee’’ and in19 serting ‘‘to the submitting Com20 mittee’’; and 

21 (iv) in paragraph (4) by striking 

22 ‘‘from the Committee’’ and inserting ‘‘from 

23 a covered Committee’’. 


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1 SEC. 8. ANNUAL REPORT AND PUBLIC DISCLOSURES. 

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

3 Section 46106(b) of title 46, United States Code, is 

4 amended— 

5 (1) in paragraph (6)— 

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

7 (B) by striking ‘‘under this part’’ and in8 serting ‘‘under chapter 403’’; 

9 (2) in paragraph (7)— 

10 (A) by inserting ‘‘anticompetitive, non11 reciprocal trade, or’’ before ‘‘otherwise con12 cerning practices’’; 

13 (B) by inserting ‘‘or marine terminal oper14 ators’’ after ‘‘ocean common carriers’’; and 

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

16 inserting a semicolon; and 

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

18 ‘‘(8) an analysis of any trade imbalance result19 ing from the business practices of ocean common 

20 carriers, including an analysis of the data collected 

21 under section 41110; and 

22 ‘‘(9) the findings and results of the Vessel-Op23 erating Common Carrier Audit Program established 

24 by the Commission on July 18, 2021, pursuant to 

25 the Commission rule interpreting section 41102(c).’’. 


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

2 title 46, United States Code, is amended by inserting ‘‘or 

3 marine terminal operator’’ after ‘‘common carrier’’. 

4 SEC. 9. POLICY WITH RESPECT TO LOGINK. 

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

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘§ 50309. Prohibited use 

9 ‘‘(a) IN GENERAL.—A covered port authority shall 

10 not utilize— 

11 ‘‘(1) the national transportation logistics public 

12 information platform (commonly referred to as 

13 ‘LOGINK’) provided by the People’s Republic of 

14 China; or 

15 ‘‘(2) a similar system provided by Chinese 

16 state-affiliated entities. 

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

18 shall publish on the website of the Department of Trans19 portation, and update regularly, a list of prohibited logis20 tics information technologies provided by the People’s Re21 public of China or Chinese state-affiliated entities. 

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

23 with the United States-China Economic and Security Re24 view Commission established under section 1238 of the 

25 Floyd D. Spence National Defense Authorization Act for 


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

2 this section. 

3 ‘‘(d) REVIEW.—In preparing the guidance under sub4 section (b), the Secretary shall review the list of Chinese 

5 state-affiliated entities included in— 

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

7 companies published in the Federal Register pursu8 ant to section 1237(b) of the National Defense Au9 thorization Act for Fiscal Year 1999 (50 U.S.C. 

10 1201 note); and 

11 ‘‘(2) the most recent ‘Non-SDN Chinese Mili12 tary-Industrial Complex Companies List’ published 

13 by the Secretary of the Treasury pursuant to Execu14 tive Order 14032 of June 3, 2021 (86 Fed. Reg. 

15 30145; relating to Addressing the Threat From Se16 curities Investments That Finance Certain Compa17 nies of the People’s Republic of China). 

18 ‘‘(e) COVERED PORT AUTHORITY DEFINED.—In this 

19 section, the term ‘covered port authority’ means a port 

20 authority that receives funding after the date of enactment 

21 of this section under— 

22 ‘‘(1) the port infrastructure development pro23 gram under subsections (a) and (b) of section 

24 54301; or 


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1 ‘‘(2) the maritime transportation system emer2 gency relief program under section 50308.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chap4 ter 503 of title 46, United States Code, is amended by 

5 adding at the end the following: 

‘‘50309. Prohibited use.’’. 

6 SEC. 10. MARINE TERMINAL AND DWELL TIME STATISTICS. 

7 (a) IN GENERAL.—Chapter 63 of title 49, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 6315. Marine terminal and dwell time statistics 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) DIRECTOR.—The term ‘Director’ means 

13 the Director of the Bureau of Transportation Statis14 tics. 

15 ‘‘(2) MARINE CONTAINER.—The term ‘marine 

16 container’ means an intermodal container with a 

17 length of— 

18 ‘‘(A) not less than 20 feet; and 

19 ‘‘(B) not greater than 53 feet. 

20 ‘‘(3) MARINE TERMINAL OPERATOR; OCEAN

21 COMMON CARRIER.—The terms ‘marine terminal op22 erator’ and ‘ocean common carrier’ have the mean23 ing given such terms in section 40102 of title 46. 

24 ‘‘(4) OUT OF SERVICE PERCENTAGE.—The 

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1 tion of the chassis fleet for any defined geographical 

2 area that is out of service at any one time. 

3 ‘‘(5) STREET DWELL TIME.—The term ‘street 

4 dwell time’, with respect to a piece of equipment, 

5 means the quantity of time during which the piece 

6 of equipment is in use outside of the terminal. 

7 ‘‘(b) AUTHORITY TO COLLECT DATA.— 

8 ‘‘(1) IN GENERAL.—The Director shall collect 

9 such data as the Director determines to be necessary 

10 for the implementation of this section, subject to 

11 subchapter III of chapter 35 of title 44 from— 

12 ‘‘(A) each port, marine terminal operator, 

13 and ocean common carrier; and 

14 ‘‘(B) each chassis owner or provider with a 

15 fleet of over 50 chassis that supply chassis for 

16 a fee. 

17 ‘‘(2) APPROVAL BY OMB.—Not later than 60 

18 days after the date of enactment of this section, the 

19 Director of the Office of Management and Budget 

20 shall approve an information collection for purposes 

21 of this section. 

22 ‘‘(c) PUBLICATION.—Not later than 240 days after 

23 the date of enactment of this section, and not less fre24 quently than monthly thereafter, the Director shall publish 

25 statistics relating to— 


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1 ‘‘(1) the dwell time of equipment used in inter2 modal transportation at the top 25 ports, including 

3 inland ports, by 20-foot equivalent unit, including— 

4 ‘‘(A) total street dwell time, from all 

5 causes, of marine containers and marine con6 tainer chassis; and 

7 ‘‘(B) the average out of service percentage, 

8 which shall not be identifiable with any par9 ticular port, marine terminal operator, or chas10 sis provider; and 

11 ‘‘(2) for each port— 

12 ‘‘(A) the yard capacity for marine con13 tainers; 

14 ‘‘(B) the yard utilization by marine con15 tainers; 

16 ‘‘(C) the berthing schedule and windows; 

17 ‘‘(D) the total number of marine con18 tainers leaving (commonly referred to as ‘gate19 out’); 

20 ‘‘(E) the total number of marine con21 tainers entering (commonly referred to as ‘gate22 in’); 

23 ‘‘(F) the total number of marine con24 tainers unloaded daily from vessels; 


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1 ‘‘(G) the total number of marine con2 tainers loaded daily from vessels; and 

3 ‘‘(H) the average turn time for a commer4 cial motor vehicle (as defined in section 13102) 

5 operated by a motor carrier (as defined in such 

6 section). 

7 ‘‘(d) FACTORS.—To the maximum extent practicable, 

8 the Director shall publish the statistics described in sub9 section (c) on a local, regional, and national basis.’’. 

10 (b) RULEMAKING TO DEFINE TURN TIME.— 

11 (1) DEADLINE.—Not later than 90 days after 

12 the date of enactment of this Act, the Secretary of 

13 Transportation shall promulgate an advance notice 

14 of proposed rulemaking to define turn time and 

15 specify the methods for collecting and reporting in16 formation relating to average dwell time to the Bu17 reau of Transportation Statistics under section 6315 

18 of title 49, United States Code. 

19 (2) CONTENT.—The rulemaking under para20 graph (1)— 

21 (A) shall address the amount of time a 

22 commercial motor vehicle operated by a motor 

23 carrier spends waiting in line outside the gate 

24 of a port; and 


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1 (B) may address the ability of a port to 

2 collect dwell times from operators of commercial 

3 motor vehicles operated by motor carriers, in4 cluding from motor carrier telematic capabili5 ties. 

6 (c) CLERICAL AMENDMENT.—The analysis for chap7 ter 63 of title 49, United States Code, is amended by add8 ing at the end the following: 

‘‘6315. Marine terminal and dwell time statistics.’’. 

9 (d) REPEAL.—Section 16 of the Ocean Shipping Re10 form Act of 2022 (Public Law 117–146) is repealed. 

11 SEC. 11. CONTAINERIZED FREIGHT INDEXES. 

12 Not later than 1 year after the date of enactment 

13 of this Act, the Federal Maritime Commission shall pro14 mulgate an advance notice of proposed rulemaking on 

15 price indexes for containerized ocean freight for shippers 

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

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

18 shipping exchange registered under section 40504 of title 

19 46, United States Code. 

20 SEC. 12. DATA STANDARD FOR MARITIME FREIGHT LOGIS21 TICS. 

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

23 date of enactment of this Act, the Federal Maritime Com24 mission shall promulgate an advance notice of proposed 

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1 tics and ocean transportation in the foreign commerce of 

2 the United States. 

3 (b) CONSULTATION.—During the public comment pe4 riod for the rulemaking under subsection (a), the Commis5 sion shall consult with— 

6 (1) the National Shippers Advisory Board es7 tablished under section 42502 of title 46, United 

8 States Code; and 

9 (2) the Secretaries of Transportation, Com10 merce, and Agriculture. 

11 (c) CONTENTS.—The rulemaking under subsection 

12 (a) shall— 

13 (1) develop a data standard for the voluntary 

14 sharing of appropriate supply chain data with— 

15 (A) a common lexicon of standard terms 

16 and methods of measurements; 

17 (B) a method to exchange data in real 

18 time amongst relevant stakeholders; 

19 (C) appropriate data protections to ensure 

20 confidentiality of proprietary business informa21 tion; and 

22 (D) appropriate cybersecurity measures to 

23 protect data from unauthorized use; 

24 (2) incorporate data from stakeholders to facili25 tate— 


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1 (A) the arrival, unloading, loading, and de2 parture of vessels; 

3 (B) cargo availability and pick up reserva4 tion; 

5 (C) chassis availability; and 

6 (D) other data elements the Commission 

7 consider prudent; and 

8 (3) consider relevant data standards used or 

9 under development within the private sector and 

10 whether to adopt or otherwise incorporate such 

11 standards into the rule finalized under this sub12 section, with priority given to standards that— 

13 (A) are developed in open, transparent, im14 partial, balanced, consensus-based processes; 

15 (B) are performance-based, technology 

16 neutral, and vendor neutral; 

17 (C) are interoperable, allowing for the ex18 change and use of data between devices and 

19 systems; 

20 (D) are market relevant and globally appli21 cable; 

22 (E) are nonduplicative of, and coherent 

23 with, other relevant standards, guides, best 

24 practices, and frameworks; and 


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1 (F) allow information owners to control 

2 what information is shared, when information is 

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

4 (4) be consistent with section 12(d) of the Na5 tional Technology Transfer and Advancement Act of 

6 1995 (Public Law 104–113; 15 U.S.C. 272 note) in7 cluding any standard for the voluntary sharing of 

8 appropriate supply chain data developed thereunder. 

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

10 may enter into an agreement with 1 or more appropriate 

11 independent entities based in the United States that oper12 ate as voluntary consensus standards setting organizations 

13 as defined for purposes of section 12(d) of the National 

14 Technology Transfer and Advancement Act of 1995 (Pub15 lic Law 104–113) and Office of Management and Budget 

16 Revised Circular A–119, published in the Federal Register 

17 on January 27, 2016 (81 Fed. Reg. 4673), to develop the 

18 data standard for maritime freight logistics and ocean 

19 transportation in the foreign commerce of the United 

20 States for the rulemaking under subsection (a) and for 

21 procurement or other relevant programmatic activities, 

22 consistent with the requirements of this section. 

23 (e) GRANT CRITERION.—If the rulemaking under 

24 subsection (a) is finalized, the Secretary of Transportation 

25 may require a covered port authority to adopt any data 


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1 standard issued pursuant to this section for relevant oper2 ational use cases, as determined by the Secretary. 

3 (f) DEFINITION OF COVERED PORT AUTHORITY.— 

4 In this section, the term ‘‘covered port authority’’ means 

5 a port authority that receives funding after the date on 

6 which a rule is finalized under this section under— 

7 (1) the port infrastructure development pro8 gram under section 54301(a) of title 46, United 

9 States Code; or 

10 (2) the maritime transportation system emer11 gency relief program under section 50308 of title 46, 

12 United States Code. 

13 (g) RULE OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed to require the Commission to de15 velop a data standard that violates the confidentiality and 

16 disclosure policies established under subchapter III of 

17 chapter 35 of title 44, United States Code. 

18 SEC. 13. INDEPENDENT STUDY AND REPORT ON SHANGHAI 

19 SHIPPING EXCHANGE. 

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

21 the enactment of this Act, the Secretary of Transportation 

22 shall enter into an agreement with an appropriate inde23 pendent entity described in subsection (d) to conduct a 

24 study and assessment of the business practices of the 

25 Shanghai Shipping Exchange, including— 


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1 (1) any anticompetitive advantages benefitting 

2 the Shanghai Shipping Exchange; and 

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

4 the People’s Republic of China and the Shanghai 

5 Shipping Exchange to manipulate container freight 

6 markets. 

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

8 under to subsection (a) shall address the following: 

9 (1) The influence of the government of the Peo10 ple’s Republic of China on the Shanghai Shipping 

11 Exchange. 

12 (2) The impact of such business practices or in13 fluence on American consumers and businesses. 

14 (3) The ability of a shipping exchange reg15 istered under section 40504 of title 46, United 

16 States Code, and based in the United States to iden17 tify market manipulation as described in subsection 

18 (a)(2) or any otherwise concerning practices by the 

19 Shanghai Shipping Exchange and report such inci20 dents to the Federal Maritime Commission and 

21 other Federal regulators. 

22 (4) Any other matters the Secretary or the ap23 propriate independent entity that enters into an 

24 agreement under this section determines to be ap25 propriate for the purposes of the study. 


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1 (c) REPORT.— 

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

3 the date on which the Secretary of Transportation 

4 enters into an agreement under this section, the ap5 propriate independent entity shall submit to the Sec6 retary, the Committee on Commerce, Science, and 

7 Transportation of the Senate, and the Committee on 

8 Transportation and Infrastructure of the House of 

9 Representatives a report setting forth the results of 

10 the study conducted under subsection (a). 

11 (2) PUBLIC AVAILABILITY.—The Secretary 

12 shall publish the report required under paragraph 

13 (1) on a publicly accessible website of the Depart14 ment of Transportation. 

15 (d) APPROPRIATE INDEPENDENT ENTITY DE16 SCRIBED.—An appropriate independent entity described 

17 in this subsection is— 

18 (1) a federally funded research and development 

19 center sponsored by a Federal agency; 

20 (2) the Transportation Research Board of the 

21 National Academies; 

22 (3) the Government Accountability Office; or 

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

24 of the Internal Revenue Code of 1986 and exempt 

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


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1 (e) OBTAINING OFFICIAL DATA.—The appropriate 

2 independent entity that enters into an agreement under 

3 this section may secure directly from any department or 

4 agency of the Federal Government information necessary 

5 to enable such entity to carry out this section. Upon re6 quest of such entity, the head of such department or agen7 cy shall furnish such information to the appropriate inde8 pendent entity, unless doing so would not be in the public 

9 interest. 

10 SEC. 14. TECHNICAL AMENDMENTS. 

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

12 United States Code, is amended— 

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

14 and inserting ‘‘15102’’; and 

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

16 which this chapter applies’’ after ‘‘under this chap17 ter’’. 

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

19 United States Code, is amended by striking ‘‘conduct 

20 agreement’’ and inserting ‘‘conduct, agreement’’. 

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

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

23 ‘‘subsection’’. 

24 (d) NATIONAL SHIPPER ADVISORY COMMITTEE.— 

25 Section 42502(c)(3) of title 46, United States Code is 


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•HR 1836 IH

1 amended by striking ‘‘(3) REPRESENTATION’’ and all that 

2 follows through ‘‘Twelve members’’ and inserting the fol3 lowing: 

4 ‘‘(3) REPRESENTATION.—Members of the Com5 mittee shall be appointed as follows: 

6 ‘‘(A) Twelve members’’. 

7 (e) MONETARY PENALTIES OR REFUNDS.—The anal8 ysis for chapter 411 of title 46, United States Code, is 

9 amended by striking the item relating to section 41107 

10 and inserting the following: 

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

11 (f) NATIONAL ADVISORY COMMITTEES.—The anal12 ysis for subtitle IV of title 46, United States Code, is 

13 amended by striking the item relating to chapter 425 and 

14 inserting the following: 

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

15 (g) ANALYSIS.—The analysis for chapter 425 of title 

16 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.’’. 

17 (h) ANNUAL REPORT AND PUBLIC DISCLOSURE.— 

18 (1) CONFORMING AMENDMENT.—The heading 

19 for section 46106 of title 46, United States Code, is 

20 amended by inserting ‘‘and public disclosure’’ 

21 after ‘‘report’’. 


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•HR 1836 IH

1 (2) CLERICAL AMENDMENT.—The analysis for 

2 chapter 461 of title 46, United States Code, is 

3 amended by striking the item related to section 

4 46106 and inserting the following: 

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

5 (i) ANALYSIS AMENDMENT.—The item relating to 

6 section 41307 in the analysis for chapter 413 of title 46, 

7 United States Code, is amended by striking ‘‘sought’’. 

Æ 


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