SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ocean Shipping Re-
form Implementation Act of 2023’’. 
TITLE I—FEDERAL MARITIME 
COMMISSION 
SEC. 101. PURPOSES. 
Section 40101 of title 46, United States Code, is 
amended— 
(1) in paragraph (1) by striking ‘‘with’’ and all 
that follows through ‘‘regulatory costs’’; 
(2) in paragraph (2) by striking ‘‘in the ocean 
commerce of the United States’’ and inserting ‘‘for 
the common carriage of goods by water in the for-
eign commerce of the United States’’; 
(3) in paragraph (3) by striking ‘‘and’’ at the 
end; 
(4) in paragraph (4)— 
(A) by striking ‘‘promote’’ and inserting 
‘‘support’’; and 
(B) by striking ‘‘, and’’ and all that follows 
through the period and inserting ‘‘; and’’; and 
(5) by adding at the end the following: 
‘‘(5) promote reciprocal trade in the common 
carriage of goods by water in the foreign commerce 
of the United States.’’.
SEC. 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 mov-
ing the margins of clauses (i) and (ii), as redesig-
nated, accordingly; 
(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. 
1677(18))) as of the date of enactment of 
this paragraph; 
‘‘(ii) identified by the United States 
Trade Representative in the most recent 
report required by section 182 of the
Trade Act of 1974 (19 U.S.C. 2242) as a 
priority foreign country under subsection 
(a)(2) of that section; or 
‘‘(iii) subject to monitoring by the 
United States Trade Representative under 
section 306 of the Trade Act of 1974 (19 
U.S.C. 2416).’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
46106(b)(7) of title 46, United States Code, is amended 
by striking ‘‘ocean common carriers, particularly such car-
riers 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’’; 
(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 
section 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 
Federal Maritime Commission, and the Commission shall 
accept, 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 Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate the results of any investigation in which the Com-
mission finds incidents of market manipulation or anti-
competitive practices by shipping exchanges registered 
under section 40504.’’. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 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 chap-
ter 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 Commis-
sion to meet the requirements of subsection (a), data re-
quired to be reported under subsection (a) may not dupli-
cate information— 
‘‘(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;
‘‘(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; 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.— 
Section 42502 of title 46, United States Code, is amend-
ed— 
(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 sub-
section (b); and 
(4) in subsection (b), as so redesignated, by 
striking ‘‘Committee’’ each place it appears and in-
serting ‘‘Shipper Committee’’. 
(b) NATIONAL PORT ADVISORY COMMITTEE.—Chap-
ter 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, knowl-
edge, and experience in matters relating to the func-
tion of the Port Committee. 
‘‘(3) REPRESENTATION.—Members of the Port 
Committee shall be appointed as follows: 
‘‘(A) 5 members shall represent marine 
terminal operators, as defined in section 40102. 
‘‘(B) 5 members shall represent port au-
thorities. 
‘‘(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 Com-
mission in accordance with this section. 
‘‘(2) EXPERTISE.—Each member of the Carrier 
Committee shall have particular expertise, knowl-
edge, and experience in matters relating to the func-
tion of the Committee. 
‘‘(3) REPRESENTATION.—Members of the Car-
rier 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 
Maritime Commission on policies relating to the competi-
tiveness, reliability, and efficiency of the international 
ocean freight delivery system.’’. 
(c) CONFORMING AMENDMENTS.— 
(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 ‘cov-
ered 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 sub-
section (b)(1), is amended— 
(A) by striking ‘‘The Committee’’ each 
place it appears except in subsection (k) and in-
serting ‘‘Each covered Committee’’; 
(B) in subsection (a) by striking ‘‘the 
Committee’’ and inserting ‘‘each such Com-
mittee’’; 
(C) in subsections (b), (c), (d), (e), (f), and 
(j) by striking ‘‘the Committee’’ each place it 
appears and inserting ‘‘a covered Committee’’; 
(D) in subsection (h)— 
(i) in paragraph (1)— 
(I) by striking ‘‘Chair of the 
Committee’’ and inserting ‘‘Chair of 
each covered Committee’’; and 
(II) by striking ‘‘function of the 
Committee’’ and inserting ‘‘function 
of the applicable Committee’’; and
(ii) in paragraph (2) by striking ‘‘the 
Committee’’ and inserting ‘‘each covered 
Committee’’; 
(E) in subsection (i)— 
(i) in paragraph (1) by striking ‘‘the 
Committee if the function of the Com-
mittee’’ and inserting ‘‘any relevant cov-
ered Committee if the function of such 
Committee’’; 
(ii) in paragraph (2) by striking ‘‘the 
Committee’’ and inserting ‘‘each such 
Committee’’; 
(iii) in paragraph (3)— 
(I) by striking ‘‘from the Com-
mittee’’ and inserting ‘‘from a covered 
Committee’’; and 
(II) in subparagraph (B) by 
striking ‘‘to the Committee’’ and in-
serting ‘‘to the submitting Com-
mittee’’; and 
(iv) in paragraph (4) by striking 
‘‘from the Committee’’ and inserting ‘‘from 
a covered Committee’’; and
‘‘(9) the aggregated findings and results of the 
Vessel-Operating Common Carrier Audit Program 
established by the Commission on July 18, 2021, 
pursuant to the Commission rule interpreting section 
41102(c).’’. 
(b) PUBLIC DISCLOSURE.—Section 46106(d)(2) of 
title 46, United States Code, is amended by inserting ‘‘or 
marine terminal operator’’ after ‘‘common carrier’’. 
SEC. 108. CONTAINERIZED FREIGHT INDEXES. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Federal Maritime Com-
mission 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 pub-
lish a final rule with respect to the advance notice of pro-
posed rulemaking under subsection (a).
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 es-
tablished under section 42502 of title 46, United 
States Code; and 
(2) the Secretaries of Transportation, Com-
merce, and Agriculture. 
(c) CONTENTS.—The rulemaking under subsection 
(a) shall— 
(1) develop a data standard for the voluntary 
sharing of appropriate supply chain data with— 
(A) a common lexicon of standard terms 
and methods of measurements; 
(B) a method to exchange data in real 
time amongst relevant stakeholders;
(C) appropriate data protections to ensure 
confidentiality of proprietary business 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 
standards into the rule finalized under this sub-
section, with priority given to standards that— 
(A) are developed in open, transparent, im-
partial, balanced, consensus-based processes; 
(B) are performance-based, technology 
neutral, and vendor neutral;
(C) are interoperable, allowing for the ex-
change and use of data between devices and 
systems; 
(D) are market relevant and globally appli-
cable; 
(E) are nonduplicative of, and coherent 
with, other relevant standards, guides, best 
practices, and frameworks; and 
(F) allow information owners to control 
what information is shared, when information is 
shared, with whom, and for what purpose; and 
(4) be consistent with section 12(d) of the 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 
appropriate supply chain data developed thereunder. 
(d) THIRD-PARTY AGREEMENT.—The Commission 
may enter into an agreement with 1 or more appropriate 
independent entities based in the United States that oper-
ate as voluntary consensus standards setting organizations 
as defined for purposes of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (Pub-
lic Law 104–113) and Office of Management and Budget 
Revised Circular A–119, published in the Federal Register 
on January 27, 2016 (81 Fed. Reg. 4673), to develop the
data standard for maritime freight logistics and ocean 
transportation in the foreign commerce of the United 
States for the rulemaking under subsection (a) and for 
procurement or other relevant programmatic activities, 
consistent with the requirements of this section. 
(e) GRANT CRITERION.—If the rulemaking under 
subsection (a) is finalized, the Secretary of Transportation 
may require a covered port authority to adopt any data 
standard issued pursuant to this section for relevant 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 pro-
gram 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 sec-
tion shall be construed to require the Commission to de-
velop a data standard that violates the confidentiality and 
disclosure policies established under subchapter III of 
chapter 35 of title 44, United States Code.
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 
Shanghai Shipping Exchange, including— 
(1) any anticompetitive advantages benefitting 
the Shanghai Shipping Exchange; and 
(2) the ability of the Ministry of Transport of 
the People’s Republic of China and the Shanghai 
Shipping Exchange to manipulate container freight 
markets. 
(b) ELEMENTS.—The study and assessment required 
under 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 reg-
istered under section 40504 of title 46, United 
States Code, and based in the United States to iden-
tify market manipulation as described in subsection 
(a)(2) or any otherwise concerning practices by the
Shanghai Shipping Exchange and report such inci-
dents to the Federal Maritime Commission and 
other Federal regulators. 
(4) Any other matters the Secretary or the ap-
propriate independent entity that enters into an 
agreement under this section determines to be ap-
propriate for the purposes of the study. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date on which the Secretary of Transportation 
enters into an agreement under this section, the ap-
propriate 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 Depart-
ment of Transportation. 
(d) APPROPRIATE
INDEPENDENT
ENTITY
DE-
SCRIBED.—An appropriate independent entity described 
in this subsection is—
(1) a federally funded research and development 
center sponsored by a Federal agency; 
(2) the Transportation Research Board of the 
National Academies; 
(3) the Government Accountability Office; or 
(4) an organization described in section 501(c) 
of the Internal Revenue Code of 1986 and exempt 
from taxation under section 501(a) of such Code. 
(e) OBTAINING OFFICIAL DATA.—The appropriate 
independent entity that enters into an agreement under 
this section may secure directly from any department or 
agency of the Federal Government information necessary 
to enable such entity to carry out this section. Upon re-
quest of such entity, the head of such department or agen-
cy shall furnish such information to the appropriate inde-
pendent entity, unless doing so would not be in the public 
interest. 
SEC. 203. POLICY WITH RESPECT TO LOGINK. 
(a) IN GENERAL.—Chapter 503 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 50309. Prohibited use 
‘‘(a) IN GENERAL.—A covered entity shall not utilize 
covered logistics software.
‘‘(b) GUIDANCE.—The Secretary of Transportation 
shall publish on the website of the Department of Trans-
portation, and update regularly, a list of prohibited logis-
tics information technologies provided by the People’s Re-
public of China or Chinese state-affiliated entities. 
‘‘(c) CONSULTATION.—The Secretary shall consult 
with the United States-China Economic and Security Re-
view Commission established under section 1238 of the 
Floyd D. Spence National Defense Authorization Act for 
Fiscal Year 2001 (Public Law 106–398) in carrying out 
this section. 
‘‘(d) REVIEW.—In preparing the guidance under sub-
section (b), the Secretary shall review the list of Chinese 
state-affiliated entities included in— 
‘‘(1) the list of Communist Chinese military 
companies released by the Department of Defense in 
accordance with section 1260H of the National De-
fense Authorization Act for Fiscal Year 2021 (10 
U.S.C. 113 note); and 
‘‘(2) the most recent ‘Non-SDN Chinese Mili-
tary-Industrial Complex Companies List’ published 
by the Secretary of the Treasury pursuant to Execu-
tive Order 14032 of June 3, 2021 (86 Fed. Reg. 
30145; relating to Addressing the Threat From Se-
curities Investments That Finance Certain Compa-
nies of the People’s Republic of China). 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) COVERED
LOGISTICS
SOFTWARE.—The 
term ‘covered logistics software’ means— 
‘‘(A) the public, open, shared logistics in-
formation network known as the ‘National Pub-
lic Information Platform for Transportation & 
Logistics’ by the Ministry of Transport of 
China or any affiliate or successor entity; 
‘‘(B) any other transportation logistics 
software designed to be used by covered entities 
subject to the jurisdiction, ownership, direction, 
or control of a foreign adversary; or 
‘‘(C) any other logistics platform or soft-
ware that shares data with a system described 
in paragraphs (a) or (b). 
‘‘(2) COVERED ENTITY.—The term ‘covered en-
tity’ means an entity that receives funding after the 
date of enactment of this section under— 
‘‘(A) the port infrastructure development 
program under subsections (a) and (b) of sec-
tion 54301; or
‘‘(B) the maritime transportation system 
emergency 
relief 
program 
under 
section 
50308.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 503 of title 46, United States Code, is amended by 
adding at the end the following: 
‘‘50309. Prohibited use.’’. 
TITLE III—TECHNICAL 
AMENDMENTS 
SEC. 301. TECHNICAL AMENDMENTS. 
(a) ADMINISTRATION.—Section 15109 of title 46, 
United States Code, is amended— 
(1) in subsection (a)(2) by striking ‘‘15102,’’ 
and inserting ‘‘15102’’; and 
(2) in subsection (k)(1) by inserting ‘‘or to 
which this chapter applies’’ after ‘‘under this chap-
ter’’. 
(b) INVESTIGATIONS.—Section 41302(a) of title 46, 
United States Code, is amended by striking ‘‘conduct 
agreement’’ and inserting ‘‘conduct, agreement’’. 
(c) AWARD OF REPARATIONS.—Section 41305(c) is 
amended by striking ‘‘section subsection’’ and inserting 
‘‘subsection’’. 
(d) NATIONAL SHIPPER ADVISORY COMMITTEE.— 
Section 42502(b)(3) of title 46, United States Code, as 
redesignated by the preceding provisions of this Act, is
amended by striking ‘‘(3) REPRESENTATION’’ and all that 
follows through ‘‘Twelve members’’ and inserting the fol-
lowing: 
‘‘(3) REPRESENTATION.—Members of the Com-
mittee shall be appointed as follows: 
‘‘(A) Twelve members’’. 
(e) MONETARY PENALTIES OR REFUNDS.—The anal-
ysis for chapter 411 of title 46, United States Code, is 
amended by striking the item relating to section 41107 
and inserting the following: 
‘‘41107. Monetary penalties or refunds.’’. 
(f) NATIONAL ADVISORY COMMITTEES.—The anal-
ysis for subtitle IV of title 46, United States Code, is 
amended by striking the item relating to chapter 425 and 
inserting the following: 
‘‘425. National Advisory Committees ...................................................... 42501’’. 
(g) ANALYSIS.—The heading and analysis for chapter 
425 of title 46, United States Code, is amended to read 
as follows: 
‘‘CHAPTER 425—NATIONAL PORT 
ADVISORY COMMITTEE 
‘‘Sec. 
‘‘42501. Definitions. 
‘‘42502. National Shipper Advisory Committee. 
‘‘42503. National Seaport Advisory Committee. 
‘‘42504. National Ocean Carrier Advisory Committee. 
‘‘42505. Function. 
‘‘42506. Administration.’’. 
(h) ANNUAL REPORT AND PUBLIC DISCLOSURE.—
(1) CONFORMING AMENDMENT.—The heading 
for section 46106 of title 46, United States Code, is 
amended by inserting ‘‘and public disclosure’’ 
after ‘‘report’’. 
(2) CLERICAL AMENDMENT.—The analysis for 
chapter 461 of title 46, United States Code, is 
amended by striking the item relating to section 
46106 and inserting the following: 
‘‘46106. Annual report and public disclosure.’’. 
Passed the House of Representatives March 21, 
2024. 
Attest: 
Clerk.
118TH CONGRESS 
2D SESSION 
H. R. 1836 
AN ACT 
To amend title 46, United States Code, to make 
technical corrections with respect to ocean ship-
ping authorities, and for other purposes.