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

The bill is like fixing some rules for big boats and shipping to make sure everyone plays fair and doesn't cheat. It also checks if any strange technology from other countries is causing problems.

Summary AI

H.R. 1836, titled the “Ocean Shipping Reform Implementation Act of 2023,” aims to make technical corrections to U.S. maritime laws, specifically focusing on ocean shipping authorities. The bill amends various sections of title 46 of the United States Code to update terminology, address complaints about shipping exchanges, and introduce new advisory committees for maritime matters. Additionally, it enhances data collection standards and calls for a study on international shipping practices, particularly related to the Shanghai Shipping Exchange and Chinese logistics software. The legislation seeks to promote fair trade, improve shipping practices, and protect U.S. economic interests in international maritime commerce.

Published

2024-03-22
Congress: 118
Session: 2
Chamber: SENATE
Status: Referred in Senate
Date: 2024-03-22
Package ID: BILLS-118hr1836rfs

Bill Statistics

Size

Sections:
18
Words:
5,010
Pages:
25
Sentences:
91

Language

Nouns: 1,400
Verbs: 373
Adjectives: 190
Adverbs: 32
Numbers: 286
Entities: 369

Complexity

Average Token Length:
4.15
Average Sentence Length:
55.05
Token Entropy:
5.19
Readability (ARI):
28.80

AnalysisAI

Summary of the Bill

The proposed legislation seeks to amend certain sections of Title 46 of the United States Code regarding ocean shipping. The primary purpose is to make technical corrections affecting ocean shipping authorities and address various other objectives, such as ensuring fair trade practices. It introduces changes to definitions, mandates data collection, sets guidance on maritime advisory committees, and stipulates policies concerning logistics software. Additionally, the bill outlines roles for agencies like the Federal Maritime Commission in overseeing these changes and sets expectations for transparent reporting and disclosure.

Significant Issues

One prominent issue in the bill is the lack of clear definitions, particularly concerning "market manipulation" and "anticompetitive practices." This vagueness could lead to inconsistent application and challenges in enforcement by the Federal Maritime Commission. Moreover, sections dealing with foreign entities and logistics software are broad and potentially ambiguous, which may inadvertently create restrictions affecting international trade relations.

Another concern is the undefined timeline for investigations and responsibilities by the Federal Maritime Commission, potentially causing delays in handling critical maritime trade issues. Additionally, the extensive and technical amendments, especially those listed in Section 301, lack sufficient explanation or justification for their necessity and potential impacts on existing laws and regulations.

The bill's approach to prohibiting certain logistics software associated with foreign adversaries, particularly China, might be perceived as protectionist and could provoke diplomatic or trade tensions.

Impact on the Public

The bill aims to refine and improve maritime commerce oversight, which could enhance trade efficiency if implemented effectively. However, the broad and unclear definitions could potentially lead to erratic enforcement and compliance challenges. These uncertainties may affect consumer confidence and market stability if not addressed. Importers and exporters, particularly those engaged in international trade, could find themselves subject to new regulations that are difficult to interpret or unnecessarily restrictive.

Impact on Stakeholders

For the Federal Maritime Commission, this bill could increase their workload and add complexity to existing regulatory functions. They must ensure they are prepared to handle complaints and investigations efficiently. For ocean carriers and logistics software businesses, especially those linked to foreign entities, there could be significant compliance implications that may impact their operations. Access to alternative logistics solutions may become essential for these companies if certain technologies are banned under the new stipulations.

Port authorities, marine terminal operators, and shipping exchanges will need to navigate these revised regulations, which could adjust their operational strategies. Furthermore, should the legislation cause diplomatic tensions, stakeholders involved in international trade may face additional layers of regulatory complexity or tariffs, potentially affecting their profitability and market reach.

In conclusion, while the bill attempts to improve fairness and efficiency in maritime commerce, the lack of clarity in certain aspects poses significant challenges to both regulators and stakeholders and may lead to broader implications that need careful consideration and possibly further revision.

Issues

  • The lack of specific criteria or clear definitions for 'market manipulation' and 'anticompetitive practices' in Section 40505 could lead to inconsistent enforcement by the Federal Maritime Commission, potentially affecting fair market competition and public trust.

  • Sections 102 and 50309 introduce potentially broad and ambiguous definitions related to foreign entities and logistics software, which could lead to excessive or misdirected restrictions, impacting international trade relationships and compliance obligations for various stakeholders.

  • The undefined timeline and responsibilities for the Federal Maritime Commission investigations in Sections 103 and 40505 could lead to delays in addressing significant market issues, impacting the effectiveness of maritime trade regulations and oversight.

  • The amendments in Section 108 regarding containerized freight indexes lack clarity and timely execution, potentially delaying improvements in transparency and regulation of freight costs for shippers, which is crucial for international trade stakeholders.

  • Section 203's approach to restricting the use of 'covered logistics software' associated with foreign adversaries might be viewed as protectionist, potentially causing diplomatic and trade tensions, particularly with China.

  • Section 106 does not provide transparent criteria for appointing members to the various advisory committees, which might lead to a perception of favoritism and lack of representation of diverse stakeholders.

  • The amendments in Section 301 are technical but lack clear justification or impact analysis, which may lead to misunderstandings or concerns about their necessity or consequences for existing laws and policies.

  • Section 107 introduces complex language and legal references that might be ambiguous or difficult for non-experts to understand, potentially hindering transparency and public engagement with federal maritime policies.

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.