3554 
pueblo, village, community, component band, or com-
ponent reservation, individually identified (including 
parenthetically) in the list published by the Bureau 
of Indian Affairs on January 29, 2021, pursuant to 
section 104 of the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 5131). 
(9) TRIBAL
LAND.—The term ‘‘Tribal land’’ 
means any land— 
(A) located within the boundaries of an In-
dian reservation, pueblo, or rancheria; or 
(B) not located within the boundaries of an 
Indian reservation, pueblo, or rancheria, the 
title to which is held— 
(i) in trust by the United States for 
the benefit of an Indian Tribe or an indi-
vidual Indian; 
(ii) by an Indian Tribe or an indi-
vidual Indian, subject to restriction against 
alienation under laws of the United States; 
or 
(iii) by a dependent Indian commu-
nity. 
(10) TRIBAL PRIME-AGE POPULATION.—
3555 
(A) IN
GENERAL.—The term ‘‘Tribal 
prime-age population’’ shall be equal to the sum 
obtained by adding— 
(i) the product obtained by multi-
plying— 
(I) the total number of individ-
uals ages 25 through 54 residing on 
the Tribal land of the Tribal govern-
ment; and 
(II) 0.65; and 
(ii) the product obtained by multi-
plying— 
(I) the total number of individ-
uals ages 25 through 54 included on 
the membership roll of the Tribal gov-
ernment; and 
(II) 0.35. 
(B) USE OF DATA.—A calculation under 
subparagraph (A) shall be determined based on 
data provided by the applicable Tribal govern-
ment to the Department of the Treasury under 
the Coronavirus State and Local Fiscal Recov-
ery Fund programs under title VI of the Social 
Security Act (42 U.S.C. 801 et seq.).
3556 
SEC. 110002. CENTERS OF EXCELLENCE FOR DOMESTIC 
MARITIME WORKFORCE TRAINING AND EDU-
CATION. 
Section 51706 of title 46, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘of Transpor-
tation’’; 
(2) in subsection (b), in the subsection heading, 
by striking ‘‘ASSISTANCE’’ and inserting ‘‘COOPERA-
TIVE AGREEMENTS’’; 
(3) by redesignating subsection (c) as sub-
section (d); 
(4) in subsection (d), as redesignated by para-
graph (3), by adding at the end the following: 
‘‘(3) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Transportation.’’; and 
(5) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) GRANT PROGRAM.— 
‘‘(1) DEFINITION OF ELIGIBLE INSTITUTION.— 
In this subsection, the term ‘eligible institution’ 
means a postsecondary educational institution as 
such term is defined in section 3 of the Carl D. Per-
kins Career and Technical Education Act of 2006 
(20 U.S.C. 2302) that offers a 2-year program of
3557 
study, a 1-year program of training, or is a postsec-
ondary vocational institution. 
‘‘(2) GRANT AUTHORIZATION.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of the Maritime Ad-
ministration Authorization and Improvement 
Act, the Secretary, in consultation with the Sec-
retary of Labor and the Secretary of Education, 
may award maritime career training grants to 
eligible institutions for the purpose of devel-
oping, offering, or improving educational or ca-
reer training programs for American workers 
related to the maritime workforce. 
‘‘(B) GUIDELINES.—Not later than 1 year 
after the date of enactment of the Maritime Ad-
ministration Authorization and Improvement 
Act, the Secretary shall— 
‘‘(i) promulgate guidelines for the 
submission of grant proposals under this 
subsection; and 
‘‘(ii) publish and maintain such guide-
lines on the website of the Department of 
Transportation.
3558 
‘‘(3) LIMITATIONS.—The Secretary may not 
award a grant under this subsection in an amount 
that is more than $20,000,000. 
‘‘(4) REQUIRED INFORMATION.— 
‘‘(A) IN GENERAL.—An eligible institution 
that desires to receive a grant under this sub-
section shall submit to the Secretary a grant 
proposal that includes a detailed description 
of— 
‘‘(i) the specific project for which the 
grant proposal is submitted, including the 
manner in which the grant will be used to 
develop, offer, or improve an educational 
or career training program that is suited 
to maritime industry workers; 
‘‘(ii) the extent to which the project 
for which the grant proposal is submitted 
will meet the educational or career training 
needs of maritime workers in the commu-
nity served by the eligible institution; 
‘‘(iii) the extent to which the project 
for which the grant proposal is submitted 
fits within any overall strategic plan devel-
oped by an eligible community; and
3559 
‘‘(iv) any previous experience of the 
eligible institution in providing maritime 
educational or career training programs. 
‘‘(B) COMMUNITY OUTREACH REQUIRED.— 
In order to be considered by the Secretary, a 
grant proposal submitted by an eligible institu-
tion under this subsection shall— 
‘‘(i) demonstrate that the eligible in-
stitution— 
‘‘(I) reached out to employers to 
identify— 
‘‘(aa) any shortcomings in 
existing 
maritime 
educational 
and career training opportunities 
available to workers in the com-
munity; and 
‘‘(bb) any future employ-
ment opportunities within the 
community and the educational 
and career training skills re-
quired for workers to meet the 
future maritime employment de-
mand; and 
‘‘(II) reached out to other simi-
larly situated institutions in an effort
3560 
to benefit from any best practices that 
may be shared with respect to pro-
viding maritime educational or career 
training programs to workers eligible 
for training; and 
‘‘(ii) include a detailed description 
of— 
‘‘(I) the extent and outcome of 
the outreach conducted under clause 
(i); 
‘‘(II) the extent to which the 
project for which the grant proposal is 
submitted will contribute to meeting 
any shortcomings identified under 
clause (i)(I)(aa) or any maritime edu-
cational or career training needs iden-
tified under clause (i)(I)(bb); and 
‘‘(III) the extent to which em-
ployers, including small- and medium- 
sized firms within the community, 
have demonstrated a commitment to 
employing workers who would benefit 
from the project for which the grant 
proposal is submitted. 
‘‘(5) CRITERIA FOR AWARD OF GRANTS.—
3561 
‘‘(A) IN GENERAL.—Subject to the appro-
priation of funds, the Secretary shall award a 
grant under this subsection based on— 
‘‘(i) a determination of the merits of 
the grant proposal submitted by the eligi-
ble institution to develop, offer, or improve 
maritime educational or career training 
programs to be made available to workers; 
‘‘(ii) an evaluation of the likely em-
ployment opportunities available to workers 
who complete a maritime educational or 
career training program that the eligible 
institution proposes to develop, offer, or 
improve; 
‘‘(iii) an evaluation of prior demand 
for training programs by workers in the 
community served by the eligible institu-
tion, as well as the availability and capac-
ity of existing maritime training programs 
to meet future demand for training pro-
grams; and 
‘‘(iv) any prior designation of an insti-
tution as a Center of Excellence for Do-
mestic Maritime Workforce Training and 
Education.
3562 
‘‘(B) 
MATCHING
REQUIREMENTS.—A 
grant awarded under this subsection may not 
be used to satisfy any private matching require-
ment under any other provision of law. 
‘‘(6) PUBLIC REPORT.—Not later than Decem-
ber 15 in each of the calendar years 2021 through 
2023, the Secretary shall make available on a pub-
lically available website a report and provide a brief-
ing to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives— 
‘‘(A) describing each grant awarded under 
this subsection during the preceding fiscal year; 
‘‘(B) assessing the impact of each award of 
a grant under this subsection in a fiscal year 
preceding the fiscal year referred to in subpara-
graph (A) on workers receiving training; and 
‘‘(C) the performance of the grant awarded 
with respect to the indicators of performance 
under section 116(b)(2)(A)(i) of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 
3141(b)(2)(A)(i)).
3563 
‘‘(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $200,000,000.’’. 
SEC. 110003. FREIGHT RAIL INNOVATION INSTITUTE. 
(a) IN GENERAL.—Chapter 229 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 22911. Freight Rail Innovation Institute 
‘‘(a) ESTABLISHMENT.—Not later than 6 months 
after the date of the enactment of this section, the Sec-
retary of Transportation, in coordination with the Sec-
retary of Energy, representatives of the National Labora-
tories, the National Institute of Standards and Tech-
nology, and the National Science Foundation, and in part-
nership with an eligible institution of higher education and 
a freight rail locomotive manufacturer, shall establish a 
Freight Rail Innovation Institute (referred to in this sec-
tion as the ‘Institute’) to carry out a research and develop-
ment program— 
‘‘(1) to develop— 
‘‘(A) technologies necessary for the design, 
development, manufacturing, and operation of 
zero-emission battery and hydrogen-powered 
freight locomotives; and
3564 
‘‘(B) technologies that enhance freight rail 
safety, efficiency and utilization; and 
‘‘(2) to accelerate the deployment of— 
‘‘(A) zero-emission locomotives, including 
passenger locomotives; 
‘‘(B) supporting supply chains; 
‘‘(C) advanced freight and logistics sys-
tems; and 
‘‘(D) related workforce development and 
education innovations. 
‘‘(b) ACTIVITIES.—The Institute shall— 
‘‘(1) research, develop, and deploy zero-emission 
battery and hydrogen-powered freight locomotives 
and locomotive technologies; 
‘‘(2) develop and operate testing programs and 
demonstration facilities; 
‘‘(3) develop advanced technologies that ad-
vance freight rail safety, efficiency, logistics, and uti-
lization; 
‘‘(4) develop and deploy an operating prototype 
hydrogen powered locomotive; 
‘‘(5) deploy a revenue service testing and dem-
onstration program to accelerate commercial adop-
tion of battery electric locomotives;
3565 
‘‘(6) develop specific technologies and innova-
tions to support the manufacturing and deployment 
of zero-emission locomotives for passenger rail; 
‘‘(7) pay wages to all laborers and mechanics 
employed by the Institute at rates that are not less 
than those prevailing for the same type of work for 
similar projects in the immediate locality, consistent 
with the wage requirement set forth in section 
113(a) of title 23, United States Code; 
‘‘(8) ensure that the freight rail locomotive 
manufacturer that is associated with the Institute 
fully complies with the Buy America requirement set 
forth in section 22905(a) with respect to manufac-
turing and production associated with the Institute 
and as a result of new technologies, innovations, and 
methods developed at least in part by the Institute; 
and 
‘‘(9) carry out other activities that the Sec-
retary of Transportation considers necessary. 
‘‘(c) APPLICANT REQUIREMENTS.—Applicants seek-
ing to establish the Institute under this section shall— 
‘‘(1) be a partnership consisting of at least 1 
institution of higher education and at least 1 freight 
rail locomotive manufacturer, which shall enter into
3566 
a cost-sharing agreement for purposes of the Insti-
tute; and 
‘‘(2) submit a comprehensive proposal to the 
Secretary of Transportation that— 
‘‘(A) identifies how activities described in 
subsection (b) will be carried out by the Insti-
tute; 
‘‘(B) includes a Memorandum of Under-
standing, signed by all partners, that com-
prehensively addresses all aspects of the Insti-
tute’s work, including how intellectual property 
and revenue sharing from resulting techno-
logical developments will be handled; and 
‘‘(C) includes such other information as 
the Secretary may require. 
‘‘(d) CONSIDERATIONS.—In selecting the applicant 
that will receive funding to establish the Institute, the Sec-
retary of Transportation shall consider— 
‘‘(1) the extent to which the applicant’s pro-
posal maximizes greenhouse gas reductions and 
other environmental benefits; 
‘‘(2) the ability of the applicant’s proposal to 
increase the use of low- and zero- emission freight 
rail technologies among the United States freight 
and passenger rail industry;
3567 
‘‘(3) the anticipated public benefits of the appli-
cant’s proposal, including the creation of construc-
tion, manufacturing, and services jobs that pay pre-
vailing wages; 
‘‘(4) proposed plans to train workers from the 
area surrounding the Institute to develop competitive 
advanced manufacturing, battery- or hydrogen- 
power, and advanced freight utilization, network 
safety and logistics technology skills; 
‘‘(5) the degree to which the applicant, includ-
ing its freight rail locomotive manufacturer, has ex-
perience— 
‘‘(A) carrying out battery and hydrogen re-
search on freight locomotives that reduce green-
house gas emissions; and 
‘‘(B) developing freight rail advanced sig-
naling, network safety, and logistics tech-
nologies; 
‘‘(6) the extent to which the applicant’s pro-
posal increases the proportional amount of goods 
moved by freight rail in the United States; 
‘‘(7) the extent to which such proposal— 
‘‘(A) maximizes the private share of the 
total cost of the institute beyond the minimum 
level required under subsection (d); and
3568 
‘‘(B) sustains the private investment up to 
and beyond 2026; and 
‘‘(8) whether the proposed Institute is located 
at a site that— 
‘‘(A) has legacy rail infrastructure; 
‘‘(B) has access to freight rail tracks and 
rail connections; and 
‘‘(C) is located on a redeveloped brownfield 
site in close proximity to a freight rail loco-
motive manufacturer, an institution of higher 
education, and a short line or regional railroad. 
‘‘(e) FUNDING
REQUIREMENT.—The non-Federal 
share of the costs of the Institute’s research and develop-
ment program shall be not less than 50 percent. 
‘‘(f) NOTIFICATION.— 
‘‘(1) NOTICE.—Not later than 3 days after 
Congress appropriates funds for the Institute for 
any fiscal year, the Secretary of Transportation shall 
submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives— 
‘‘(A) the institution of higher education 
and freight rail locomotive manufacturer that
3569 
have been selected to receive such funding to 
operate the Institute; and 
‘‘(B) a summary of activities to be carried 
out by the Institute. 
‘‘(2) ANNUAL REPORT.—Not later than 1 year 
after Congress appropriates funds for the Institute 
for any fiscal year, the Secretary shall submit a re-
port to the committees listed under paragraph (1) 
that summarizes the work of the Institute on— 
‘‘(A) low- and zero-emission rail tech-
nologies; 
‘‘(B) increased freight rail utilization; and 
‘‘(C) training a workforce in advanced 
manufacturing, battery- or hydrogen-power, ad-
vanced freight utilization, network safety, logis-
tics technology skills, and advanced rail safety 
and logistics technologies. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated $120,000,000 for each 
of the fiscal years 2022 through 2026, to carry out the 
activities of the Institute described in subsection (b). Such 
sums shall remain available until expended. 
‘‘(h) DEFINITIONS.—In this section:
3570 
‘‘(1) FREIGHT
RAIL
LOCOMOTIVE
MANUFAC-
TURER.—The term ‘freight rail locomotive manufac-
turer’ means a company— 
‘‘(A) headquartered in the United States; 
and 
‘‘(B) that is engaged in the design, manu-
facture, and sale of freight rail locomotives, 
train network systems, engines, parts, logistics, 
rail safety and braking systems, and other 
freight rail and locomotive products. 
‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given such term in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 229 of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘22911. Freight Rail Innovation Institute.’’. 
SEC. 110004. ECONOMIC ADJUSTMENT ASSISTANCE FOR EN-
ERGY AND INDUSTRIAL TRANSITION COMMU-
NITIES. 
There is authorized to be appropriated $240,000,000 
in total for fiscal years 2023 through 2028 to the Sec-
retary of Commerce for economic adjustment assistance 
as authorized by section 209 of the Public Works and Eco-
nomic Development Act of 1965 (42 U.S.C. 3149) to pro-
3571 
vide assistance, including grants for technical assistance, 
planning, and predevelopment activities, to energy and in-
dustrial transition communities, including oil, gas, coal, 
nuclear, and biomass transition communities, and manu-
facturing transition communities. 
DIVISION 
M—SENSE 
OF 
CON-
GRESS 
REGARDING 
NEGA-
TIVE PERCEPTION OF PER-
SONS OF ASIAN ANCESTRY 
AND FEDERAL LAW ENFORCE-
MENT 
SEC. 120001. SENSE OF CONGRESS REGARDING NEGATIVE 
PERCEPTION OF PERSONS OF ASIAN ANCES-
TRY AND FEDERAL LAW ENFORCEMENT. 
It is the sense of Congress that— 
(1) there are notable instances where certain 
Federal law enforcement officials and institutions 
have contributed towards a negative growing percep-
tion that being of Asian ancestry or having ties to 
China render an individual more suspect of espio-
nage and that such perceptions have created a cul-
ture of fear that has negatively impacted the Asian 
immigrant and Asian American community; 
(2) national policy should guard against un-
justly targeting scientists, academics, and institu-
3572 
tional faculty members on the basis of Chinese eth-
nicity or familial background, which risks irreparable 
damage to careers, reputations, and lives, and erodes 
the freedom of intellectual and academic exchange; 
(3) the global competitiveness of the United 
States, including with the People’s Republic of 
China, is harmed by hostility toward and unfair tar-
geting of Chinese and Chinese American scientists 
and academics; and 
(4) Congress rejects any dangerous attempts to 
portray Chinese students, professors, and scholars 
with more suspicion than non-Chinese academics. 
DIVISION N—PROHIBITING USE 
OF FUNDS FOR PUBLICITY OR 
PROPAGANDA 
SEC. 130001. PROHIBITING USE OF FUNDS FOR PUBLICITY 
OR PROPAGANDA. 
No part of any funds authorized to be appropriated 
or otherwise made available under this Act shall be used 
for publicity or propaganda purposes not authorized by 
the Congress.
3573 
DIVISION 
O—NATIONAL 
SECU-
RITY RESTRICTIONS ON USE 
OF CERTAIN FUNDS 
SEC. 140001. PROHIBITION ON USE OF FUNDS TO OBTAIN 
COMMUNICATIONS EQUIPMENT OR SERVICES 
POSING NATIONAL SECURITY RISK. 
(a) IN GENERAL.—The American Rescue Plan Act 
of 2021 (Public Law 117–2; 135 Stat. 4) is amended by 
adding at the end the following: 
‘‘TITLE 
XII—NATIONAL 
SECU-
RITY RESTRICTIONS ON USE 
OF FUNDS 
‘‘SEC. 12001. PROHIBITION ON USE OF FUNDS TO OBTAIN 
COMMUNICATIONS EQUIPMENT OR SERVICES 
POSING NATIONAL SECURITY RISK. 
‘‘None of the funds made available under this Act or 
an amendment made by this Act may be used to purchase, 
rent, lease, or otherwise obtain any covered communica-
tions equipment or service, as defined in section 9 of the 
Secure and Trusted Communications Networks Act of 
2019 (47 U.S.C. 1608).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents in section 2 of the American Rescue 
Plan Act of 2021 is amended by adding at the end the 
following:
3574 
‘‘TITLE XII—NATIONAL SECURITY RESTRICTIONS ON USE OF 
FUNDS 
‘‘Sec. 12001. Prohibition on use of funds to obtain communications equipment 
or services posing national security risk.’’. 
DIVISION 
P—AGRICULTURE 
FOREIGN INVESTMENT DIS-
CLOSURE REFORM 
SEC. 150001. SHORT TITLE. 
This division may be cited as the ‘‘Agriculture For-
eign Investment Disclosure Reform Act’’. 
SEC. 150002. ANNUAL REPORTS. 
The matter preceding paragraph (1) of section 2(b) 
of the Agricultural Foreign Investment Disclosure Act of 
1978 (7 U.S.C. 3501(b)) is amended by striking ‘‘agricul-
tural land’’ and all that follows through ‘‘effective date.’’ 
and inserting ‘‘agricultural land on the day before the date 
of the enactment of the Agricultural Foreign Investment 
Disclosure Reform Act shall, beginning 180 days after 
such date of enactment, and annually thereafter, submit 
to the Secretary a report or certify to the Secretary that 
there has been no change in status with respect to the 
information required under paragraphs (1) through (8) 
since the most recent such report was submitted to the 
Secretary by such foreign person.’’.
3575 
SEC. 150003. REPORTS TO CONGRESS. 
The Agricultural Foreign Investment Disclosure Act 
of 1978 (7 U.S.C. 3501 et seq.) is amended by inserting 
after section 4 the following: 
‘‘SEC. 5. REPORTS TO CONGRESS. 
‘‘(a) Beginning 180 days after the date of the enact-
ment of the Agricultural Foreign Investment Disclosure 
Reform Act, and annually thereafter, the Secretary shall, 
using information obtained under section 2, submit to the 
Congress a report on foreign investment in agricultural 
land in the United States. 
‘‘(b) Beginning 90 days after the date of the enact-
ment of the Agricultural Foreign Investment Disclosure 
Reform Act, the Secretary shall, using information ob-
tained under section 2, publish on the internet website of 
the Department of Agriculture, and update every 90 days 
thereafter, a database listing the agricultural lands owned 
by foreign persons. Such listing shall be limited to the in-
formation described in paragraphs (1), (3), (4), (5), and 
(7) of section 2(b), or if applicable, the certification made 
to the Secretary pursuant to such subsection. 
‘‘(c)(1) Not later than 90 days after the end of each 
covered period, the Secretary shall— 
‘‘(A) analyze information obtained by the Sec-
retary under section 2 and determine the effects of 
foreign persons acquiring, transferring, and holding
3576 
agricultural land, particularly the effects of such ac-
quisitions, transfers, and holdings on family farms, 
rural communities and the domestic food supply; 
and 
‘‘(B) transmit to the President and Congress a 
report on the findings and conclusions of the Sec-
retary regarding— 
‘‘(i) each analysis and determination made 
under subparagraph (A); 
‘‘(ii) trends and patterns in foreign acqui-
sitions, transfers, and holdings of agricultural 
land; and 
‘‘(iii) recommendations to Congress with 
respect to the data and analysis. 
‘‘(2) In this subsection, the term ‘covered period’ 
means each of the following periods: 
‘‘(A) The 10-year period beginning on the date 
of the enactment of Agricultural Foreign Investment 
Disclosure Reform Act. 
‘‘(B) Each 10-year period thereafter.’’. 
SEC. 150004. CIVIL PENALTY FOR FAILURE TO REPORT OR 
MISREPORTING. 
Section 3(b) of the Agricultural Foreign Investment 
Disclosure Act of 1978 (7 U.S.C. 3502(b)) is amended 
by striking ‘‘, except that such amount shall not exceed
3577 
25 percent of the fair market value, on the date of the 
assessment of such penalty, of the interest in agricultural 
land with respect to which such violation occurred’’. 
DIVISION Q—EMERGING 
TECHNOLOGY LEADS 
SEC. 160001. EMERGING TECHNOLOGY LEADS. 
(a) DEFINITIONS.—In this section: 
(1) COVERED INDIVIDUAL.—The term ‘‘covered 
individual’’ means— 
(A) an individual serving in a Senior Exec-
utive Service position, as that term is defined in 
section 3132(a) of title 5, United States Code; 
(B) an individual who— 
(i) is serving in a position to which 
section 5376 of title 5, United States 
Code, applies; and 
(ii) has a significant amount of se-
niority and experience, as determined by 
the head of the applicable covered Federal 
agency; or 
(C) another individual who is the equiva-
lent of an individual described in subparagraph 
(A) or (B), as determined by the head of the 
applicable covered Federal agency.
3578 
(2) COVERED
FEDERAL
AGENCY.—The term 
‘‘covered Federal agency’’ means— 
(A) an agency listed in section 901(b) of 
title 31, United States Code; or 
(B) an element of the intelligence commu-
nity, as defined in section 3 of the National Se-
curity Act of 1947 (50 U.S.C. 3003). 
(b) APPOINTMENT OR DESIGNATION.—Each covered 
Federal agency that is also substantially engaged in the 
development, application, or oversight of emerging tech-
nologies shall consider appointing or designating a covered 
individual as an emerging technology lead to advise the 
agency on the responsible use of emerging technologies, 
including artificial intelligence, provide expertise on re-
sponsible policies and practices, collaborate with inter-
agency coordinating bodies, and provide input for procure-
ment policies. 
(c) INFORMING CONGRESS.—Not later than 180 days 
after the date of the enactment of this Act, the President 
shall inform Congress of each covered Federal agency in 
which a covered individual has been appointed or des-
ignated as an emerging technology lead under subsection 
(b) and provide Congress with a description of the authori-
ties and responsibilities of the covered individuals so ap-
pointed.
3579 
DIVISION R—COMMITTEE ON 
SMALL BUSINESS 
SEC. 170001. CHILD CARE RESOURCE GUIDE. 
The Small Business Act (15 U.S.C. 631 et seq.) is 
amended— 
(1) by redesignating section 49 as section 50; 
and 
(2) by inserting after section 48 the following 
new section: 
‘‘SEC. 49. CHILD CARE RESOURCE GUIDE. 
‘‘(a) IN GENERAL.—Not later than 2 years after the 
date of the enactment of this section and not less fre-
quently than every 5 years thereafter, the Administrator 
shall publish or update a resource guide, applicable to var-
ious business models as determined by the Administrator, 
for small business concerns operating as child care pro-
viders. 
‘‘(b) GUIDANCE
ON SMALL BUSINESS CONCERN 
MATTERS.—The resource guide required under subsection 
(a) shall include guidance for such small business concerns 
related to— 
‘‘(1) operations (including marketing and man-
agement planning); 
‘‘(2) finances (including financial planning, fi-
nancing, payroll, and insurance);
3580 
‘‘(3) compliance with relevant laws (including 
the Internal Revenue Code of 1986 and this Act); 
‘‘(4) training and safety (including equipment 
and materials); 
‘‘(5) quality (including eligibility for funding 
under the Child Care and Development Block Grant 
Act of 1990 as an eligible child care provider); and 
‘‘(6) any other matters the Administrator deter-
mines appropriate. 
‘‘(c) CONSULTATION REQUIRED.—Before publication 
or update of the resource guide required under subsection 
(a), the Administrator shall consult with the following: 
‘‘(1) The Secretary of Health and Human Serv-
ices. 
‘‘(2) Representatives from lead agencies des-
ignated under section 658D of the Child Care and 
Development Block Grant Act of 1990. 
‘‘(3) Representatives from local or regional 
child care resource and referral organizations de-
scribed in section 658E(c)(3)(B)(iii)(I) of the Child 
Care and Development Block Grant Act of 1990. 
‘‘(4) Any other relevant entities as determined 
by the Administrator. 
‘‘(d) 
PUBLICATION
AND
DISSEMINATION
RE-
QUIRED.—
3581 
‘‘(1) PUBLICATION.—The Administrator shall 
publish the resource guide required under subsection 
(a) on a publicly accessible website of the Adminis-
tration. 
‘‘(2) DISTRIBUTION.— 
‘‘(A) 
ADMINISTRATOR.—The 
Adminis-
trator shall distribute the resource guide re-
quired under subsection (a) to offices within the 
Administration, including district offices, and to 
the persons consulted under subsection (c). 
‘‘(B) OTHER
ENTITIES.—Women’s busi-
ness centers (as described under section 29), 
small business development centers, chapters of 
the Service Corps of Retired Executives (estab-
lished under section 8(b)(1)(B)), and Veteran 
Business Outreach Centers (as described under 
section 32) shall distribute to small business 
concerns operating as child care providers, sole 
proprietors operating as child care providers, 
and child care providers that have limited ad-
ministrative capacity (as determined by the Ad-
ministrator)— 
‘‘(i) the resource guide required under 
subsection (a); and
3582 
‘‘(ii) other resources available that the 
Administrator determines to be relevant.’’. 
DIVISION S—OCEAN SHIPPING 
REFORM 
SEC. 180001. PURPOSES. 
Section 40101 of title 46, United States Code, is 
amended by striking paragraphs (2) through (4) and in-
serting the following: 
‘‘(2) ensure an efficient and competitive trans-
portation system for the common carriage of goods 
by water in the foreign commerce of the United 
States that is, as far as possible, in harmony with 
fair and equitable international shipping practices; 
‘‘(3) encourage the development of a competi-
tive and efficient liner fleet of vessels of the United 
States capable of meeting national security and com-
merce needs of the United States; 
‘‘(4) support the growth and development of 
United States exports through a competitive and ef-
ficient system for the common carriage of goods by 
water in the foreign commerce of the United States 
and by placing a greater reliance on the market-
place; and
3583 
‘‘(5) promote reciprocal trade in the common 
carriage of goods by water in the foreign commerce 
of the United States.’’. 
SEC. 180002. SERVICE CONTRACTS. 
Section 40502 of title 46, United States Code, is 
amended— 
(1) in subsection (c)— 
(A) in paragraph (7) by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (8) by striking the period 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(9) any other essential terms or minimum con-
tract requirements that the Federal Maritime Com-
mission determines necessary or appropriate.’’; and 
(2) by adding at the end the following: 
‘‘(g) SERVICE CONTRACT REQUIREMENT.—With re-
spect to service contracts entered into under this section, 
a common carrier shall establish, observe, and enforce just 
and reasonable regulations and practices relating to essen-
tial terms and minimum contract requirements the Com-
mission determines are necessary or appropriate under 
subsection (c)(9).’’.
3584 
SEC. 180003. SHIPPING EXCHANGE REGISTRY. 
(a) IN GENERAL.—Chapter 405 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 40504. Shipping exchange registry 
‘‘(a) IN GENERAL.—No person may operate a ship-
ping exchange involving ocean transportation in the for-
eign commerce of the United States unless the shipping 
exchange is registered as a national shipping exchange 
under the terms and conditions provided in this section 
and the regulations issued pursuant to this section. 
‘‘(b) REGISTRATION.—A person shall register a ship-
ping exchange by filing with the Federal Maritime Com-
mission an application for registration in such form as the 
Commission, by rule, may prescribe containing the rules 
of the exchange and such other information and docu-
ments as the Commission, by rule, may prescribe as nec-
essary or appropriate in the public interest. 
‘‘(c) EXEMPTION.—The Commission may exempt, 
conditionally or unconditionally, a shipping exchange from 
registration and licensing under this section if the Com-
mission finds that the shipping exchange is subject to com-
parable, comprehensive supervision and regulation by the 
appropriate governmental authorities in the home country 
of the shipping exchange.
3585 
‘‘(d) REGULATIONS.—In issuing regulations pursu-
ant to subsection (a), the Commission shall set standards 
necessary to carry out subtitle IV for registered national 
shipping exchanges, including the minimum requirements 
for service contracts established under section 40502, and 
issue licenses for registered national shipping exchanges. 
‘‘(e) DEFINITION.—In this subsection, the term ‘ship-
ping exchange’ means a platform, digital, over-the-counter 
or otherwise, which connects shippers with common car-
riers (both vessel-operating and non-vessel-operating) for 
the purpose of entering into underlying agreements or con-
tracts for the transport of cargo, by vessel or other modes 
of transportation.’’. 
(b) APPLICABILITY.—The registration requirement 
under section 40504 of title 46, United States Code (as 
added by this section), shall take effect on the date on 
which the Federal Maritime Commission issues regula-
tions required under subsection (d) of such section. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 405 of title 46, United States Code, is amended by 
adding at the end the following: 
‘‘40504. Shipping exchange registry.’’. 
SEC. 180004. DATA COLLECTION. 
(a) IN GENERAL.—Chapter 411 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing:
3586 
‘‘§ 41110. Data collection 
‘‘(a) IN GENERAL.—Common carriers covered under 
this chapter shall submit to the Federal Maritime Com-
mission a calendar quarterly report that describes the 
total import and export tonnage and the total loaded and 
empty 20-foot equivalent units per vessel (making port in 
the United States, including any territory or possession 
of the United States) operated by such common carrier. 
‘‘(b) PROHIBITION ON DUPLICATION.—Data required 
to be reported under subsection (a) may not duplicate in-
formation— 
‘‘(1) submitted to the Corps of Engineers pur-
suant to section 11 of the Act entitled ‘An Act au-
thorizing 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. Cus-
toms and Border Protection by merchandise import-
ers.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 411 of title 46, United States Code, is amended by 
adding at the end the following: 
‘‘41110. Data collection.’’.
3587 
SEC. 180005. NATIONAL SHIPPER ADVISORY COMMITTEE. 
(a) NATIONAL SHIPPER ADVISORY COMMITTEE.— 
Section 42502(c)(3) of title 46, United States Code, is 
amended by inserting ‘‘, including customs brokers or 
freight forwarders’’ after ‘‘ocean common carriers’’ each 
place such term occurs. 
(b) ANALYSIS.—The analysis for chapter 425 of title 
46, United States Code, is amended by inserting before 
the item relating to section 42501 the following: 
‘‘Sec.’’. 
SEC. 180006. 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 (5) by striking ‘‘and’’ at the 
end; 
(2) in paragraph (6)— 
(A) by striking ‘‘under this part’’ and in-
serting ‘‘under chapter 403’’; and 
(B) by striking the period and inserting a 
semicolon; and 
(3) by adding at the end the following: 
‘‘(7) an identification of any anticompetitive or 
nonreciprocal trade practices by ocean common car-
riers;
3588 
‘‘(8) an analysis of any trade imbalance result-
ing from the business practices of ocean common 
carriers, including an analysis of the data collected 
under section 41110; and 
‘‘(9) an identification of any otherwise con-
cerning practices by ocean common carriers, particu-
larly such carriers that are— 
‘‘(A) State-owned or State-controlled enter-
prises; or 
‘‘(B) owned or controlled by, is a sub-
sidiary of, or is otherwise related legally or fi-
nancially (other than a minority relationship or 
investment) to a corporation based in a coun-
try— 
‘‘(i) identified as a nonmarket econ-
omy country (as defined in section 771(18) 
of the Tariff Act of ( 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
3589 
‘‘(iii) subject to monitoring by the 
Trade Representative under section 306 of 
the Trade Act of 1974 (19 U.S.C. 2416).’’. 
(b) PUBLIC DISCLOSURE.— 
(1) IN GENERAL.—Section 46106 of title 46, 
United States Code, is amended by adding at the 
end the following: 
‘‘(d) PUBLIC DISCLOSURES.—The Federal Maritime 
Commission shall publish, and annually update, on the 
website of the Commission— 
‘‘(1) all findings by the Commission of false 
certifications by common carriers or marine terminal 
operators under section 41104(a)(15) of this title; 
and 
‘‘(2) all penalties imposed or assessed against 
common carriers or marine terminal operators, as 
applicable, under sections 41107, 41108, and 41109, 
listed by each common carrier or marine terminal 
operator.’’. 
(2) CONFORMING
AND
CLERICAL
AMEND-
MENTS.— 
(A) 
CONFORMING
AMENDMENT.—The 
heading for section 46106 of title 46, United 
States Code, is amended by inserting ‘‘and 
public disclosure’’ after ‘‘report’’.
3590 
(B) CLERICAL AMENDMENT.—The analysis 
for chapter 461 of title 46, United States Code, 
is amended by striking the item related to sec-
tion 46106 and inserting the following: 
‘‘46106. Annual report and public disclosure.’’. 
SEC. 180007. GENERAL PROHIBITIONS. 
Section 41102 of title 46, United States Code, is 
amended by adding by adding at the end the following: 
‘‘(d) PROHIBITION
ON RETALIATION.—A common 
carrier, marine terminal operator, or ocean transportation 
intermediary, either alone or in conjunction with any other 
person, directly or indirectly, may not retaliate against a 
shipper, a shipper’s agent, or a motor carrier by refusing, 
or threatening to refuse, cargo space accommodations 
when available, or resort to other unfair or unjustly dis-
criminatory methods because the shipper has patronized 
another carrier, has filed a complaint, or for any other 
reason. 
‘‘(e) CERTIFICATION.—A common carrier or marine 
terminal operator shall not charge any other person de-
murrage or detention charges under a tariff, marine ter-
minal schedule, service contract, or any other contractual 
obligation unless accompanied by an accurate certification 
that such charges comply with all rules and regulations 
concerning demurrage or detention issued by the Commis-
sion. The certification requirement only applies to the en-
3591 
tity that establishes the charge, and a common carrier or 
marine terminal operator that collects a charge on behalf 
of another common carrier or marine terminal operator 
is not responsible for providing the certification, except 
that an invoice from a common carrier or marine terminal 
operator collecting a charge on behalf of another must in-
clude a certification from the party that established the 
charge.’’. 
SEC. 180008. PROHIBITION ON UNREASONABLY DECLINING 
CARGO. 
(a) UNREASONABLY DECLINING CARGO.—Section 
41104 of title 46, United States Code, is amended in sub-
section (a)— 
(1) by striking paragraph (3) and inserting the 
following: 
‘‘(3) engage in practices that unreasonably re-
duce shipper accessibility to equipment necessary for 
the loading or unloading of cargo;’’; 
(2) in paragraph (12) by striking ‘‘; or’’ and in-
serting a semicolon; 
(3) in paragraph (13) by striking the period 
and inserting a semicolon; and 
(4) by adding at the end the following: 
‘‘(14) fail to furnish or cause a contractor to 
fail to furnish containers or other facilities and in-
3592 
strumentalities needed to perform transportation 
services, including allocation of vessel space accom-
modations, in consideration of reasonably foreseeable 
import and export demands; or 
‘‘(15) unreasonably decline export cargo book-
ings if such cargo can be loaded safely and timely, 
as determined by the Commandant of the Coast 
Guard, and carried on a vessel scheduled for the im-
mediate destination of such cargo.’’. 
(b) RULEMAKING
ON UNREASONABLY DECLINING 
CARGO.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Commission 
shall initiate a rulemaking proceeding to define the 
term ‘‘unreasonably decline’’ for the purposes of 
subsection (a)(15) of section 41104 of title 46, 
United States Code (as added by subsection (a)). 
(2) CONTENTS.—The rulemaking under para-
graph (1) shall address the unreasonableness of 
ocean common carriers prioritizing the shipment of 
empty containers while excluding, limiting, or other-
wise reducing the shipment of full, loaded containers 
when such containers are readily available to be 
shipped and the appurtenant vessel has the weight
3593 
and space capacity available to carry such containers 
if loaded in a safe and timely manner. 
SEC. 180009. DETENTION AND DEMURRAGE. 
(a) IN GENERAL.—Section 41104 of title 46, United 
States Code, is further amended by adding at the end the 
following: 
‘‘(d) CERTIFICATION.—Failure of a common carrier 
to include a certification under section 41102(e) alongside 
any demurrage or detention charge shall eliminate any ob-
ligation of the charged party to pay the applicable charge. 
‘‘(e) DEMURRAGE AND DETENTION PRACTICES AND 
CHARGES.—Notwithstanding any other provision of law 
and not later than 30 days of the date of enactment of 
this subsection, a common carrier or marine terminal op-
erator, shall— 
‘‘(1) act in a manner consistent with any rules 
or regulations concerning demurrage or detention 
issued by the Commission; 
‘‘(2) maintain all records supporting the assess-
ment of any demurrage or detention charges for a 
period of 5 years and provide such records to the 
invoiced party or to the Commission on request; and 
‘‘(3) bear the burden of establishing the reason-
ableness of any demurrage or detention charges 
which are the subject of any complaint proceeding
3594 
challenging a common carrier or marine terminal op-
erator demurrage or detention charges as unjust and 
unreasonable. 
‘‘(f) PENALTIES FOR FALSE OR INACCURATE CER-
TIFIED DEMURRAGE OR DETENTION CHARGES.—In the 
event of a finding that the certification under section 
41102(e) was inaccurate, or false after submission under 
section 41301, penalties under section 41107 shall be ap-
plied if the Commission determines, in a separate enforce-
ment proceeding, such certification was inaccurate or 
false.’’. 
(b) RULEMAKING
ON DETENTION
AND DEMUR-
RAGE.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of enactment of this Act, the Federal 
Maritime Commission shall initiate a rulemaking 
proceeding to establish rules prohibiting common 
carriers and marine terminal operators from adopt-
ing and applying unjust and unreasonable demur-
rage and detention rules and practices. 
(2) CONTENTS.—The rulemaking under para-
graph (1) shall address the issues identified in the 
final rule published on May 18, 2020, titled ‘‘Inter-
pretive Rule on Demurrage and Detention Under
3595 
the Shipping Act’’ (85 Fed. Reg. 29638), including 
the following: 
(A) Establishing clear and uniform defini-
tions for demurrage, detention, cargo avail-
ability for retrieval and associated free time, 
and other terminology used in the rule. The 
definition for cargo availability for retrieval 
shall account for government inspections. 
(B) Establishing that demurrage and de-
tention rules are not independent revenue 
sources but incentivize efficiencies in the ocean 
transportation network, including the retrieval 
of cargo and return of equipment. 
(C) Prohibiting the consumption of free 
time or collection of demurrage and detention 
charges when obstacles to the cargo retrieval or 
return of equipment are within the scope of re-
sponsibility of the carrier or their agent and be-
yond the control of the invoiced or contracting 
party. 
(D) Prohibiting the commencement or con-
tinuation of free time unless cargo is available 
for retrieval and timely notice of cargo avail-
ability has been provided.
3596 
(E) Prohibiting the consumption of free 
time or collection of demurrage charges when 
marine terminal appointments are not available 
during the free time period. 
(F) Prohibiting the consumption of free 
time or collection of detention charges on con-
tainers when the marine terminal required for 
return is not open or available. 
(G) Requiring common carriers to provide 
timely notice of— 
(i) cargo availability after vessel dis-
charge; 
(ii) container return locations; and 
(iii) advance notice for container early 
return dates. 
(H) Establishing minimum billing require-
ments, including timeliness and supporting in-
formation that shall be included in or with in-
voices for demurrage and detention charges 
that will allow the invoiced party to validate the 
charges. 
(I) Requiring common carriers and marine 
terminal operators to establish reasonable dis-
pute resolution policies and practices.
3597 
(J) Establishing the responsibilities of 
shippers, receivers, and draymen with respect to 
cargo retrieval and equipment return. 
(K) Clarifying rules for the invoicing of 
parties other than the shipper for any demur-
rage, detention, or other similar per container 
charges, including determining whether such 
parties should be billed at all. 
(c) RULEMAKING
ON MINIMUM SERVICE STAND-
ARDS.—Not later than 90 days after the date of enact-
ment of this Act, the Commission shall initiate a rule-
making proceeding to incorporate subsections (d) through 
(f) of 41104 of title 46, United States Code, which shall 
include the following: 
(1) The obligation to adopt reasonable rules 
and practices related to or connected with the fur-
nishing and allocation of adequate and suitable 
equipment, vessel space accommodations, containers, 
and other instrumentalities necessary for the receiv-
ing, loading, carriage, unloading and delivery of 
cargo. 
(2) The duty to perform the contract of car-
riage with reasonable dispatch. 
(3) The requirement to carry United States ex-
port cargo if such cargo can be loaded safely and
3598 
timely, as determined by the Commandant of the 
Coast Guard, and carried on a vessel scheduled for 
such cargo’s immediate destination. 
(4) The requirement of ocean common carriers 
to establish contingency service plans to address and 
mitigate service disruptions and inefficiencies during 
periods of port congestion and other market disrup-
tions. 
SEC. 180010. ASSESSMENT OF PENALTIES. 
(a) ASSESSMENT OF PENALTIES.—Section 41109 of 
title 46, United States Code, is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘or, in addition to or in 
lieu of a civil penalty, order the refund of 
money’’ after ‘‘this part’’; and 
(B) by inserting ‘‘or refund of money’’ 
after ‘‘conditions, a civil penalty’’; 
(2) in subsection (c) by inserting ‘‘or refund of 
money’’ after ‘‘civil penalty’’; 
(3) in subsection (e) by inserting ‘‘or order a 
refund of money’’ after ‘‘civil penalty’’; and 
(4) in subsection (f) by inserting ‘‘or who is or-
dered to refund money’’ after ‘‘civil penalty is as-
sessed’’.
3599 
(b) ADDITIONAL PENALTIES.—Section 41108(a) of 
title 46, United States Code, is amended by striking ‘‘sec-
tion 41104(1), (2), or (7)’’ and inserting ‘‘subsections (d) 
or (e) of section 41102 or paragraph (1), (2), (7), (14), 
or (15) of section 41104(a)’’. 
(c) CONFORMING AMENDMENT.—Section 41309 of 
title 46, United States Code, is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘or refund of money’’ 
after ‘‘payment of reparation’’; and 
(B) by inserting ‘‘or to whom the refund of 
money was ordered’’ after ‘‘award was made’’; 
and 
(2) in subsection (b) by inserting ‘‘or refund of 
money’’ after ‘‘award of reparation’’. 
(d) AWARD OF REPARATIONS.—Section 41305(c) of 
title 46, United States Code, is amended— 
(1) by inserting ‘‘or (c)’’ after ‘‘41102(b)’’; and 
(2) by inserting ‘‘, or if the Commission deter-
mines that a violation of section 41102(e) was made 
willfully or knowingly’’ after ‘‘of this title’’. 
SEC. 180011. INVESTIGATIONS. 
Section 41302 of title 46, United States Code, is 
amended by striking ‘‘or agreement’’ and inserting ‘‘, 
agreement, fee, or charge’’.
3600 
SEC. 180012. INJUNCTIVE RELIEF. 
Section 41307(b) to title 46, United States Code, is 
amended— 
(1) in paragraph (3)— 
(A) in the heading by striking ‘‘AND THIRD 
PARTIES’’; and 
(B) by striking the second sentence; and 
(2) by adding at the end the following: 
‘‘(5) THIRD PARTY INTERVENTION.—The court 
may allow a third party to intervene in a civil action 
brought under this section.’’. 
SEC. 180013. TECHNICAL AMENDMENTS. 
(a) FEDERAL MARITIME COMMISSION.—The analysis 
for chapter 461 of title 46, United States Code, is amend-
ed by striking the first item relating to chapter 461. 
(b) ASSESSMENT OF PENALTIES.—Section 41109(c) 
of title 46, United States Code, is amended by striking 
‘‘section 41104(1) or (2)’’ and inserting ‘‘paragraph (1) 
or (2) of section 41104(a)’’. 
(c) NATIONAL SHIPPER ADVISORY COMMITTEE.— 
Section 42502(c)(3) of title 46, United States Code is 
amended by striking ‘‘REPRESENTATION’’ and all that fol-
lows through ‘‘Members’’ and inserting ‘‘REPRESENTA-
TION.—Members’’.
3601 
SEC. 180014. AUTHORIZATION OF APPROPRIATIONS. 
Section 46108 of title 46, United States Code, is 
amended by striking ‘‘$29,086,888 for fiscal year 2020 
and $29,639,538 for fiscal year 2021’’ and inserting 
‘‘$32,603,492 for fiscal year 2022 and $35,863,842 for 
fiscal year 2023’’. 
SEC. 180015. NAS STUDY ON SUPPLY CHAIN INDUSTRY. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall seek to enter into an agreement with the Na-
tional Academy of Sciences under which the National 
Academy shall conduct a study on the United States sup-
ply chain that examines data constraints that impede the 
flow of maritime cargo and add to supply chain inefficien-
cies and that identifies data sharing systems that can be 
employed to improve the functioning of the United States 
supply chain. 
(b) CONTENTS.—The study required under sub-
section (a) shall include— 
(1) the identification of where bottlenecks or 
chokepoints are most prominent within the United 
States supply chain; 
(2) the identification of what common shipping 
data is created with each hand-off of a container 
through the United States supply chain and how 
such data is stored and shared;
3602 
(3) the identification of critical data elements 
used by any entity covered by subsection (c), includ-
ing the key elements used for various supply chain 
business processes; 
(4) a review of the methodology used to store, 
access, and disseminate shipping data across the 
United States supply chain and evaluation of the in-
efficiencies in such methodology; 
(5) an analysis of existing and potential impedi-
ments to the free flow of information among entities 
covered by subsection (c), including— 
(A) identification of barriers that prevent 
carriers, terminals, and shippers from having 
access to commercial data; and 
(B) any inconsistencies in— 
(i) terminology used across data ele-
ments connected to the shipment, arrival, 
and unloading of a shipping container; and 
(ii) the classification systems used 
across the United States supply chain, in-
cluding inconsistencies in the names of en-
tities covered by subsection (c), geo-
graphical names, and terminology; 
(6) the identification of information to be in-
cluded in an improved data sharing system designed
3603 
to plan, execute, and monitor the optimal loading 
and unloading of maritime cargo; and 
(7) the identification of existing software and 
data sharing platforms available to facilitate propa-
gation of information to all agents involved in the 
loading and unloading of maritime cargo and evalu-
ate the effectiveness of such software and platforms 
if implemented. 
(c) COLLECTION OF INFORMATION.—In conducting 
the study required under subsection (a), the National 
Academy of Sciences shall collect information from— 
(1) vessel operating common carriers and non- 
vessel operating common carriers; 
(2) marine terminal operators; 
(3) commercial motor vehicle operators; 
(4) railroad carriers; 
(5) chassis providers; 
(6) ocean transportation intermediaries; 
(7) custom brokers; 
(8) freight forwarders; 
(9) shippers and cargo owners; 
(10) the National Shipper Advisory Committee; 
(11) relevant government agencies, such as the 
Federal Maritime Commission, the Surface Trans-
3604 
portation Board, and the United States Customs 
and Border Protection; 
(12) to the extent practicable, representatives of 
foreign countries and maritime jurisdictions outside 
of the United States; and 
(13) any other entity involved in the transpor-
tation of ocean cargo and the unloading of cargo 
upon arrival at a port. 
(d) FACILITATION OF DATA SHARING.—In carrying 
out the study under subsection (a), the National Academy 
of Sciences may solicit information from any relevant 
agency relating to the United States supply chain. 
(e) REPORT.—Not later than 18 months after enter-
ing into an arrangement with the Secretary under sub-
section (a), the National Academy of Sciences shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate, 
and make available on a publicly accessible website, a re-
port containing— 
(1) the study required under subsection (a); 
(2) the information collected under subsections 
(b) and (c), excluding any personally identifiable in-
formation or sensitive business information; and 
(3) any recommendations for—
3605 
(A) common data standards to be used in 
the United States supply chain; and 
(B) policies and protocols that would 
streamline information sharing across the 
United States supply chain. 
SEC. 180016. TEMPORARY EMERGENCY AUTHORITY. 
(a) PUBLIC INPUT ON INFORMATION SHARING.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of enactment of this Act, the Federal Mari-
time Commission shall issue a request for informa-
tion seeking public comment regarding— 
(A) whether congestion of the common car-
riage of goods has created an emergency situa-
tion of a magnitude such that there exists a 
substantial adverse effect on the competitive-
ness and reliability of the international ocean 
transportation supply system; 
(B) whether an emergency order described 
in subsection (b) would alleviate such an emer-
gency situation; and 
(C) the appropriate scope of such an emer-
gency order, if applicable. 
(2) CONSULTATION.—During the public com-
ment period under paragraph (1), the Commission
3606 
may consult, as the Commission determines to be 
appropriate, with— 
(A) other Federal departments and agen-
cies; and 
(B) persons with expertise relating to mar-
itime and freight operations. 
(b) AUTHORITY TO ISSUE EMERGENCY ORDER RE-
QUIRING INFORMATION SHARING.—On making a unani-
mous determination described in subsection (c), the Com-
mission may issue an emergency order requiring any com-
mon carrier or marine terminal operator to share directly 
with relevant shippers, rail carriers, or motor carriers in-
formation relating to cargo throughput and availability, in 
order to ensure the efficient transportation, loading, and 
unloading of cargo to or from— 
(1) any inland destination or point of origin; 
(2) any vessel; or 
(3) any point on a wharf or terminal. 
(c) DESCRIPTION OF DETERMINATION.— 
(1) IN GENERAL.—A determination referred to 
in subsection (b) is a unanimous determination by 
the Commission that congestion of common carriage 
of goods has created an emergency situation of a 
magnitude such that there exists a substantial ad-
verse effect on the competitiveness and reliability of
3607 
the international ocean transportation supply sys-
tem. 
(2) FACTORS FOR CONSIDERATION.—In issuing 
an emergency order under subsection (b), the Com-
mission shall ensure that such order includes param-
eters relating to temporal and geographic scope, tak-
ing into consideration the likely burdens on ocean 
carriers and marine terminal operators and the like-
ly benefits on congestion relating to the purposes de-
scribed in section 40101 of title 46, United States 
Code. 
(d) PETITIONS FOR EXCEPTION.— 
(1) IN GENERAL.—A common carrier or marine 
terminal operator subject to an emergency order 
issued under this section may submit to the Com-
mission a petition for exception from 1 or more re-
quirements of the emergency order, based on a 
showing of undue hardship or other condition ren-
dering compliance with such a requirement imprac-
tical. 
(2) DETERMINATION.—Not later than 21 days 
after the date on which a petition for exception 
under paragraph (1) is submitted, the Commission 
shall determine whether to approve or deny such pe-
tition by majority vote.