Overview
Title
An Act To amend title 46, United States Code, to make technical corrections with respect to ocean shipping authorities, and for other purposes.
ELI5 AI
H.R. 1836 is a bill that wants to change some rules about how ships and boats bring stuff to the United States. It tries to make sure that everything is fair and safe, and also wants to stop certain computer programs that could be a problem.
Summary AI
H.R. 1836, titled the “Ocean Shipping Reform Implementation Act of 2023,” aims to update and amend regulations concerning ocean shipping in the United States. The bill makes several technical corrections to title 46 of the U.S. Code, focusing on areas such as enhancing the Federal Maritime Commission's authority, improving data collection and transparency, and establishing advisory committees on port and shipping operations. It also addresses the regulation of shipping exchanges, and prohibits the use of certain logistics software associated with China. Additionally, the bill mandates studies on practices affecting the shipping industry and requires the development of data standards for maritime logistics.
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AnalysisAI
The "Ocean Shipping Reform Implementation Act of 2023" is a bill that intends to amend title 46 of the United States Code by making technical corrections related to ocean shipping authorities. The bill also covers a broad array of provisions aimed at enhancing shipping practices and guidelines. These modifications target several aspects of maritime law, aiming to clarify definitions, enhance data collection, and improve the regulatory framework for shipping exchanges.
General Summary of the Bill
This bill is designed to update and improve the regulatory landscape for ocean shipping within the United States. It introduces changes such as adjustments to the language in existing laws to better reflect current shipping practices, and it seeks to create a robust framework for complaints against shipping exchanges to enhance market transparency and fairness. Additionally, it mandates the establishment of certain national advisory committees related to maritime commerce to provide expert guidance on improving shipping efficiency and competitiveness.
The bill also contains provisions for data collection and reporting, aiming to streamline processes and avoid duplication. Moreover, key amendments focus on creating and enforcing data standards and include measures to prohibit certain logistics technologies associated with foreign entities perceived as security threats.
Summary of Significant Issues
Several significant issues can be identified in the proposed legislation. One concern is that the amendments regarding reciprocal trade and terms like support rather than promote may lead to ambiguous interpretations that could impact U.S. trade policies and international relations. Another major point is the timeframe outlined for establishing price indexes for containerized freight, which could introduce delays in implementing significant regulatory changes.
The bill lacks definitive consequences for anticompetitive behavior in shipping exchanges, leaving its enforcement mechanisms somewhat ambiguous. Furthermore, a mandated independent study on the Shanghai Shipping Exchange could incur unnecessary costs if similar studies are already being conducted. There is also apprehension about the broad definition of prohibited logistics software, which might lead to unwarranted restrictions on technology use.
Potential Impact on the Public
For the general public, this bill could lead to more efficient and fair maritime commerce by promoting fair trade practices and ensuring better regulation of shipping authorities. The focus on data collection and the establishment of clear data standards are expected to enhance transparency and operational efficiency in maritime logistics, which might lead to better service delivery and possibly lower costs.
However, the extended timeline for developing new regulatory standards could delay the benefits those regulations might bring, such as adjustments in shipping rates and improved inventory management stemming from clearer reporting requirements.
Impact on Specific Stakeholders
Shippers and Maritime Businesses: These stakeholders might benefit from the bill's emphasis on fairness and improved regulatory oversight, which could lead to more competitive pricing and transparency in shipping operations. However, the unclear penalties for anticompetitive practices might lessen the effectiveness of these positive changes.
Government and Regulatory Bodies: The bill enhances the role of the Federal Maritime Commission and other regulatory bodies, providing them the authority to investigate and enforce maritime laws. Yet, without clearly defined enforcement mechanisms, these bodies may face challenges in implementing the bill's provisions effectively.
Advisory Committees and Industry Stakeholders: By establishing new advisory committees, the bill aims to involve industry experts in decision-making. Nonetheless, the lack of transparency and clear criteria for appointing committee members may result in unbalanced representation, potentially limiting the diversity of perspectives.
Technology and Software Developers: The prohibition of certain foreign-associated logistics software is intended to enhance security. However, the broad definitions might inadvertently restrict benign or beneficial technologies, possibly stifling innovation and efficiency in the logistics sector.
In summary, while the "Ocean Shipping Reform Implementation Act of 2023" has the potential to improve maritime operations and regulatory frameworks, the effectiveness of these benefits may be tempered by several ambiguities and potential delays. The broad language and extended timeframes present challenges that policymakers and stakeholders will need to address to fully realize the bill’s intentions.
Issues
The amendments to Section 101 might lead to ambiguity in the interpretation of 'reciprocal trade' and the shift from 'promote' to 'support'. These changes could have significant implications on U.S. trade policy and relations. The lack of clarity could invite varying interpretations and possibly hinder the intended economic objectives.
Section 108 introduces a lengthy timeline of up to 3 years to publish a final rule on containerized freight indexes, which could delay much-needed regulation impacting both shippers and consumers. This could be seen as a significant delay in addressing market imbalances or inefficiencies.
There is a lack of specific penalties or consequences outlined in Sections 103 and 40505 (Complaints against shipping exchanges) for anticompetitive practices. Without clear enforcement mechanisms, the effectiveness of addressing market manipulation may be questioned, thus affecting market fairness and consumer protection.
Section 202, addressing an independent study on the Shanghai Shipping Exchange, could lead to unnecessary spending if similar monitoring is already conducted by existing agencies. The potential for this study to yield biased results without clear oversight might affect its credibility and usefulness.
The language used in Section 301 (Technical amendments) is primarily technical and lacks clear explanation or analysis of substantive impacts on stakeholders, leading to potential misunderstanding of the legislative intent and impacts of these amendments.
The definition of 'covered logistics software' in Section 50309 is very broad, potentially restricting software that does not pose genuine security risks. This could lead to excessive limitations on technology, affecting operational efficiency and international competitiveness of U.S. logistics.
Sections 42503 and 42504 regarding advisory committees lack transparency and details on member selection processes, which could lead to perceived favoritism and underrepresentation of certain stakeholders, raising concerns about bias and balance in recommendations.
Section 105 on data collection does not clearly define what constitutes 'timely manner' for reporting, leading to potential ambiguity in compliance requirements, which could result in inconsistent data collection and reporting standards.
The involvement of the United States-China Economic and Security Review Commission in Section 203 may cause delays or challenges due to potential differences in priorities or perspectives, impacting the timeliness and effectiveness of implementing the guidance on prohibited logistics technologies.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the act states that its official name is the "Ocean Shipping Reform Implementation Act of 2023."
101. Purposes Read Opens in new tab
Summary AI
Section 40101 of title 46 of the United States Code is updated to clarify the purposes related to the carriage of goods by water. Key changes include replacing specific terms to emphasize support for common carriage of goods in foreign commerce and adding a new goal to encourage reciprocal trade.
102. Definitions Read Opens in new tab
Summary AI
The section revises the definition of an "ocean common carrier" to include carriers owned, controlled by, or related to foreign corporations in specific countries identified as nonmarket economies, priority foreign countries, or those being monitored by the U.S. Trade Representative. Additionally, it updates a related provision in the law to streamline the language regarding controlled carriers.
103. Complaints against shipping exchanges Read Opens in new tab
Summary AI
The section modifies regulations related to shipping exchanges by allowing the Federal Maritime Commission to investigate complaints about market manipulation or anticompetitive practices. It also requires the Commission to report its findings to relevant Congressional committees.
40505. Complaints against shipping exchanges Read Opens in new tab
Summary AI
A person can report to the Federal Maritime Commission if they suspect shipping exchanges of unfair practices. The Commission will then investigate these claims and report the findings to Congress if misconduct is discovered.
104. Repeal Read Opens in new tab
Summary AI
The section repeals a part of the United States Code, specifically section 40706 of title 46, and updates the chapter's table of contents to reflect this change.
105. Data collection Read Opens in new tab
Summary AI
The amendment to Section 41110 of title 46 requires the Federal Maritime Commission to produce a quarterly report and prohibits the duplication of data that is already reported to other federal agencies, such as the Corps of Engineers, U.S. Customs and Border Protection, or the Department of Commerce, unless the necessary data is not readily available.
106. National Advisory Committees Read Opens in new tab
Summary AI
The section outlines amendments to establish and redefine national advisory committees within the United States Code, including a National Port Advisory Committee and a National Ocean Carrier Advisory Committee, each with specified membership and expertise requirements. These committees are tasked with advising on policies related to the efficiency and competitiveness of the international ocean freight delivery system.
42503. National Port Advisory Committee Read Opens in new tab
Summary AI
The National Port Advisory Committee is established to consist of 13 members with specialized knowledge in port-related functions. Its members include 5 representatives from marine terminal operators, 5 from port authorities, and 3 from longshore and maritime labor.
42504. National Ocean Carrier Advisory Committee Read Opens in new tab
Summary AI
The section establishes a National Ocean Carrier Advisory Committee made up of nine members with expertise in ocean carrier operations, and these members are appointed by the Commission. The committee includes representatives from ocean carriers and requires that at least three members be ocean transportation intermediaries.
42505. Function Read Opens in new tab
Summary AI
The section specifies that certain committees are responsible for advising the Federal Maritime Commission on how to improve the competitiveness, reliability, and efficiency of the international ocean freight delivery system.
107. Annual report and public disclosures Read Opens in new tab
Summary AI
The section outlines changes to a U.S. law concerning reports on foreign laws and trade practices related to shipping. It adds requirements for analyzing trade imbalances, disclosing information about marine terminal operators, and includes findings from a carrier audit program.
108. Containerized freight indexes Read Opens in new tab
Summary AI
The Federal Maritime Commission is required to create a proposed rulemaking notice about price indexes for containerized ocean freight within a year of the Act's enactment, and then finalize the rule within three years.
201. Data standard for maritime freight logistics Read Opens in new tab
Summary AI
The Federal Maritime Commission is tasked with creating a data standard for sharing logistics information about ships and cargo, involving consultation with various government boards and departments. This effort includes setting up protections for data, considering existing private sector standards, and allowing flexible control over information sharing, with the possibility of involving third-party organizations to help develop these standards.
202. Independent study and report on Shanghai Shipping Exchange Read Opens in new tab
Summary AI
The bill requires the Secretary of Transportation to arrange an independent study of the Shanghai Shipping Exchange's business practices, including any government influence or market manipulation issues, and the impact on U.S. consumers and businesses. The findings, to be reported within a year, will be made public and examined by entities such as federally funded research centers, the Transportation Research Board, or the Government Accountability Office.
203. Policy with respect to LOGINK Read Opens in new tab
Summary AI
The new section added to Chapter 503 of title 46, United States Code, prohibits certain entities from using logistics software associated with China or Chinese-related entities. This includes listing prohibited technologies and consulting with security commissions to ensure compliance, focusing on preventing software use that shares data with Chinese systems.
50309. Prohibited use Read Opens in new tab
Summary AI
A covered entity, which is an organization that receives certain types of government funding, is prohibited from using specific logistics software linked to China. The U.S. Secretary of Transportation will maintain a list of banned logistics technologies and consult with relevant authorities to ensure it is up-to-date and accurate.
301. Technical amendments Read Opens in new tab
Summary AI
The section outlines several technical amendments to Title 46 of the United States Code, including updates to administration, investigations, and advisory committee structures, as well as clarifying language and adjusting the titles of certain chapters and sections to improve clarity and organization within the Code.