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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‘‘(5) promote reciprocal trade in the common 
carriage of goods by water in the foreign commerce of 
the United States.’’. 
SEC. 102. DEFINITIONS. 
(a) IN GENERAL.—Section 40102(9) of title 46, United 
States Code, is amended— 
(1) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii), respectively and by moving the 
margins of clauses (i) and (ii), as redesignated, ac-
cordingly; 
(2) by striking ‘‘means an ocean common car-
rier’’ and inserting the following: ‘‘means— 
‘‘(A) an ocean common carrier’’; 
(3) in subparagraph (A)(ii), as so redesignated, 
by striking the period and inserting ‘‘; or’’; and 
(4) by adding at the end the following: 
‘‘(B) such a carrier that is owned or con-
trolled by, a subsidiary of, or otherwise related 
legally or financially (other than a minority re-
lationship or investment) to a corporation based 
in a country— 
‘‘(i) identified as a nonmarket econ-
omy country (as defined in section 771(18) 
of the Tariff Act of 1930 (19 U.S.C. 
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1677(18))) as of the date of enactment of 
this paragraph; 
‘‘(ii) identified by the United States 
Trade Representative in the most recent re-
port required by section 182 of the Trade 
Act of 1974 (19 U.S.C. 2242) as a priority 
foreign country under subsection (a)(2) of 
that section; or 
‘‘(iii) subject to monitoring by the 
United States Trade Representative under 
section 306 of the Trade Act of 1974 (19 
U.S.C. 2416).’’. 
(b) CONFORMING AMENDMENT.—Section 46106(b)(7) 
of title 46, United States Code, is amended by striking 
‘‘ocean common carriers, particularly such carriers that are 
controlled carriers’’ and all that follows through the period 
at the end and inserting ‘‘controlled carriers;’’. 
SEC. 103. COMPLAINTS AGAINST SHIPPING EXCHANGES. 
(a) IN GENERAL.—Section 40504(c) of title 46, United 
States Code, is amended— 
(1) in the subsection heading by striking ‘‘EX-
EMPTION’’ and inserting ‘‘EXEMPTION
AND INVES-
TIGATION’’; 
(2) by striking the period at the end and insert-
ing ‘‘; and’’; 
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(3) by striking ‘‘may exempt’’ and inserting the 
following: ‘‘may— 
‘‘(1) exempt’’; and 
(4) by adding at the end the following: 
‘‘(2) investigate complaints submitted under sec-
tion 40505.’’. 
(b) COMPLAINTS AGAINST SHIPPING EXCHANGES.— 
Chapter 405 of title 46, United States Code, is amended 
by adding at the end the following: 
‘‘§ 40505. Complaints against shipping exchanges 
‘‘(a) IN GENERAL.—A person may submit to the Fed-
eral Maritime Commission, and the Commission shall ac-
cept, information concerning alleged incidents of market 
manipulation or other anticompetitive practices by ship-
ping exchanges registered under section 40504. 
‘‘(b) INVESTIGATION.—Upon receipt of a submission of 
information under subsection (a), the Commission shall 
promptly investigate the accuracy of such information. 
‘‘(c) REPORT TO CONGRESS.—The Commission shall 
submit to the Committee on Transportation and Infrastruc-
ture 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 prac-
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tices by shipping exchanges registered under section 
40504.’’. 
(c) CLERICAL AMENDMENT.—The analysis for chapter 
405 of title 46, United States Code, is amended by adding 
at the end the following: 
‘‘40505. Complaints against shipping exchanges.’’. 
SEC. 104. REPEAL. 
(a) IN GENERAL.—Section 40706 of title 46, United 
States Code, is repealed. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
407 of title 46, United States Code, is amended by striking 
the item relating to section 40706. 
SEC. 105. DATA COLLECTION. 
Section 41110 of title 46, United States Code, is 
amended— 
(1) by striking ‘‘The Federal Maritime Commis-
sion’’ and inserting ‘‘(a) QUARTERLY REPORT.—The 
Federal Maritime Commission’’; and 
(2) by adding at the end the following: 
‘‘(b) LIMITATION ON DUPLICATION.—Unless the data 
described in paragraphs (1) and (2) is not available in a 
timely manner or in a form that allows the Commission 
to meet the requirements of subsection (a), data required 
to be reported under subsection (a) may not duplicate infor-
mation— 
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‘‘(1) submitted to the Corps of Engineers pursu-
ant to section 11 of the Act entitled ‘An Act author-
izing the construction, repair, and preservation of 
certain public works on rivers and harbors, and for 
other purposes’, approved September 22, 1922 (33 
U.S.C. 555), by an ocean common carrier acting as 
a vessel operator; 
‘‘(2) submitted pursuant to section 481 of the 
Tariff Act of 1930 (19 U.S.C. 1481) to U.S. Customs 
and Border Protection by merchandise importers; or 
‘‘(3) submitted to the Department of Commerce 
pursuant to section 301 of title 13.’’. 
SEC. 106. NATIONAL ADVISORY COMMITTEES. 
(a) NATIONAL SHIPPER ADVISORY COMMITTEE.—Sec-
tion 42502 of title 46, United States Code, is amended— 
(1) in subsection (a) by striking ‘‘Committee.’’ 
and inserting ‘‘Committee (in this section referred to 
as the ‘Shipper Committee’).’’; 
(2) by striking subsection (b); 
(3) by redesignating subsection (c) as subsection 
(b); and 
(4) in subsection (b), as so redesignated, by strik-
ing ‘‘Committee’’ each place it appears and inserting 
‘‘Shipper Committee’’. 
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(b) NATIONAL PORT ADVISORY COMMITTEE.—Chapter 
425 of title 46, United States Code, is amended— 
(1) by redesignating section 42503 as section 
42506; and 
(2) by inserting after section 42502 the fol-
lowing: 
‘‘§ 42503. National Port Advisory Committee 
‘‘(a) ESTABLISHMENT.—There is established a Na-
tional Port Advisory Committee (in this section referred to 
as the ‘Port Committee’). 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Port Committee shall 
consist of 13 members appointed by the Commission 
in accordance with this section. 
‘‘(2) EXPERTISE.—Each member of the Port 
Committee shall have particular expertise, knowledge, 
and experience in matters relating to the function of 
the Port Committee. 
‘‘(3) REPRESENTATION.—Members of the Port 
Committee shall be appointed as follows: 
‘‘(A) 5 members shall represent marine ter-
minal operators, as defined in section 40102. 
‘‘(B) 5 members shall represent port au-
thorities. 
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‘‘(C) 3 members shall represent longshore 
and maritime labor. 
‘‘§ 42504. National Ocean Carrier Advisory Committee 
‘‘(a) ESTABLISHMENT.—There is established a Na-
tional Ocean Carrier Advisory Committee (in this section 
referred to as the Carrier Committee’). 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Carrier Committee shall 
consist of 9 members appointed by the Commission in 
accordance with this section. 
‘‘(2) EXPERTISE.—Each member of the Carrier 
Committee shall have particular expertise, knowledge, 
and experience in matters relating to the function of 
the Committee. 
‘‘(3) REPRESENTATION.—Members of the Carrier 
Committee shall represent ocean carriers serving such 
seaports and terminals, of which at least three shall 
be ocean transportation intermediaries (as such term 
is defined in section 40102)’’. 
‘‘§ 42505. Function 
‘‘The covered Committees shall advise the Federal Mar-
itime Commission on policies relating to the competitive-
ness, reliability, and efficiency of the international ocean 
freight delivery system.’’. 
(c) CONFORMING AMENDMENTS.— 
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(1) DEFINITIONS.—Section 42501 of title 46, 
United States Code, is amended by striking para-
graph (2) and inserting the following: 
‘‘(2) COVERED COMMITTEE.—The term ‘covered 
Committee’ means— 
‘‘(A) the National Shipper Advisory Com-
mittee established under section 42502; 
‘‘(B) the National Seaport Advisory Com-
mittee established under section 42503; and 
‘‘(C) the National Ocean Carrier Advisory 
Committee established under section 52504.’’. 
(2) ADMINISTRATION.—Section 42506 of title 46, 
United States Code, as redesignated by subsection 
(b)(1), is amended— 
(A) by striking ‘‘The Committee’’ each place 
it appears except in subsection (k) and inserting 
‘‘Each covered Committee’’; 
(B) in subsection (a) by striking ‘‘the Com-
mittee’’ and inserting ‘‘each such Committee’’; 
(C) in subsections (b), (c), (d), (e), (f), and 
(j) by striking ‘‘the Committee’’ each place it ap-
pears and inserting ‘‘a covered Committee’’; 
(D) in subsection (h)— 
(i) in paragraph (1)— 
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(I) by striking ‘‘Chair of the Com-
mittee’’ and inserting ‘‘Chair of each 
covered Committee’’; and 
(II) by striking ‘‘function of the 
Committee’’ and inserting ‘‘function of 
the applicable Committee’’; and 
(ii) in paragraph (2) by striking ‘‘the 
Committee’’ and inserting ‘‘each covered 
Committee’’; 
(E) in subsection (i)— 
(i) in paragraph (1) by striking ‘‘the 
Committee if the function of the Committee’’ 
and inserting ‘‘any relevant covered Com-
mittee if the function of such Committee’’; 
(ii) in paragraph (2) by striking ‘‘the 
Committee’’ and inserting ‘‘each such Com-
mittee’’; 
(iii) in paragraph (3)— 
(I) by striking ‘‘from the Com-
mittee’’ and inserting ‘‘from a covered 
Committee’’; and 
(II) in subparagraph (B) by strik-
ing ‘‘to the Committee’’ and inserting 
‘‘to the submitting Committee’’; and 
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(iv) in paragraph (4) by striking 
‘‘from the Committee’’ and inserting ‘‘from 
a covered Committee’’; and 
(F) in subsection (k) by striking ‘‘The Com-
mittee’’ and inserting ‘‘Covered Committees’’. 
SEC. 107. ANNUAL REPORT AND PUBLIC DISCLOSURES. 
(a) REPORT ON FOREIGN LAWS AND PRACTICES.— 
Section 46106(b) of title 46, United States Code, is amend-
ed— 
(1) in paragraph (6)— 
(A) by striking ‘‘and’’ at the end; and 
(B) by striking ‘‘under this part’’ and in-
serting ‘‘under chapter 403’’; 
(2) in paragraph (7)— 
(A) by inserting ‘‘anticompetitive, nonrecip-
rocal trade, or’’ before ‘‘otherwise concerning 
practices’’; 
(B) by inserting ‘‘or marine terminal oper-
ators’’ after ‘‘controlled carriers’’; and 
(C) by striking the period at the end and 
inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(8) an analysis of any trade imbalance result-
ing from the business practices of ocean common car-
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riers, including an analysis of the data collected 
under section 41110; and 
‘‘(9) the aggregated findings and results of the 
Vessel-Operating Common Carrier Audit Program es-
tablished by the Commission on July 18, 2021, pursu-
ant to the Commission rule interpreting section 
41102(c).’’. 
(b) PUBLIC DISCLOSURE.—Section 46106(d)(2) of title 
46, United States Code, is amended by inserting ‘‘or marine 
terminal operator’’ after ‘‘common carrier’’. 
SEC. 108. CONTAINERIZED FREIGHT INDEXES. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Federal Maritime Commission 
shall promulgate an advance notice of proposed rulemaking 
on price indexes for containerized ocean freight for shippers 
(as such term is defined in section 40102 of title 46, United 
States Code) in the United States published by a shipping 
exchange registered under section 40504 of title 46, United 
States Code. 
(b) FINAL RULE.— Not later than 3 years after the 
date of enactment of this Act, the Commission shall publish 
a final rule with respect to the advance notice of proposed 
rulemaking under subsection (a). 
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TITLE II—OTHER AGENCIES 
SEC. 201. DATA STANDARD FOR MARITIME FREIGHT LOGIS-
TICS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Federal Maritime Com-
mission shall promulgate an advance notice of proposed 
rulemaking on a data standard for maritime freight logis-
tics and ocean transportation in the foreign commerce of 
the United States. 
(b) CONSULTATION.—During the public comment pe-
riod for the rulemaking under subsection (a), the Commis-
sion shall consult with— 
(1) the National Shippers Advisory Board estab-
lished 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; 
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(C) appropriate data protections to ensure 
confidentiality of proprietary business informa-
tion; and 
(D) appropriate cybersecurity measures to 
protect data from unauthorized use; 
(2) incorporate data from stakeholders to facili-
tate— 
(A) the arrival, unloading, loading, and de-
parture of vessels; 
(B) cargo availability and pick up reserva-
tion; 
(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 stand-
ards into the rule finalized under this subsection, 
with priority given to standards that— 
(A) are developed in open, transparent, im-
partial, balanced, consensus-based processes; 
(B) are performance-based, technology neu-
tral, and vendor neutral; 
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(C) are interoperable, allowing for the ex-
change and use of data between devices and sys-
tems; 
(D) are market relevant and globally appli-
cable; 
(E) are nonduplicative of, and coherent 
with, other relevant standards, guides, best prac-
tices, 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 Na-
tional Technology Transfer and Advancement Act of 
1995 (Public Law 104–113; 15 U.S.C. 272 note) in-
cluding any standard for the voluntary sharing of ap-
propriate 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 Tech-
nology 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 Janu-
ary 27, 2016 (81 Fed. Reg. 4673), to develop the data stand-
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ard for maritime freight logistics and ocean transportation 
in the foreign commerce of the United States for the rule-
making under subsection (a) and for procurement or other 
relevant programmatic activities, consistent with the re-
quirements of this section. 
(e) GRANT CRITERION.—If the rulemaking under sub-
section (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 oper-
ational 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 emer-
gency 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 disclo-
sure policies established under subchapter III of chapter 35 
of title 44, United States Code. 
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SEC. 202. INDEPENDENT STUDY AND REPORT ON SHANG-
HAI 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 inde-
pendent entity described in subsection (d) to conduct a 
study and assessment of the business practices of the Shang-
hai Shipping Exchange, including— 
(1) any anticompetitive advantages benefitting 
the Shanghai Shipping Exchange; and 
(2) the ability of the Ministry of Transport of 
the People’s Republic of China and the Shanghai 
Shipping Exchange to manipulate container freight 
markets. 
(b) ELEMENTS.—The study and assessment required 
under subsection (a) shall address the following: 
(1) The influence of the government of the Peo-
ple’s Republic of China on the Shanghai Shipping 
Exchange. 
(2) The impact of such business practices or in-
fluence 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 Ship-
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ping Exchange and report such incidents to the Fed-
eral Maritime Commission and other Federal regu-
lators. 
(4) Any other matters the Secretary or the ap-
propriate independent entity that enters into an 
agreement under this section determines to be appro-
priate 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 en-
ters into an agreement under this section, the appro-
priate independent entity shall submit to the Sec-
retary, 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
DE-
SCRIBED.—An appropriate independent entity described in 
this subsection is— 
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