IIB 
118TH CONGRESS 
2D SESSION 
H. R. 1836 
IN THE SENATE OF THE UNITED STATES 
MARCH 22, 2024 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To amend title 46, United States Code, to make technical 
corrections with respect to ocean shipping authorities, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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.’’. 
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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 
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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: 
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‘‘(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.’’. 
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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; 
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‘‘(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: 
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‘‘§ 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.— 
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