#aaith ,,congress #ast ,session ,h4 ,r4 #dahc ,,an ,,act ,to authorize appropriations for the ,federal ,maritime ,commission for fiscal years #bjbf through #bjbg1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,maritime ,commission ,reauthorization ,act of #bjbe4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,authorization of appropriations4 ,sec4 #d4 ,purposes4 ,sec4 #e4 ,definitions4 ,sec4 #f4 ,complaints against shipping exchanges4 ,sec4 #g4 ,repeal4 ,sec4 #h4 ,data collection4 ,sec4 #i4 ,investigations4 ,sec4 #aj4 ,national advisory committees4 ,sec4 #aa4 ,annual report and public disclosures4 ,sec4 #ab4 ,containerized freight indexes4 ,sec4 #ac4 ,technical amendments4 #c4 ,authorization of appropriations ,section #dfajh of title #df1 ,united ,states ,code1 is amended by striking #cb1hfi1jjj for fiscal year #bjbb1 #ch1bfj1jjj for fiscal year #bjbc1 #dc1gbj1jjj for fiscal year #bjbd1 and #di1bjj1jjj for fiscal year #bjbe and inserting #di1bjj1jjj for fiscal year #bjbf1 and #di1bjj1jjj for fiscal year #bjbg4 #d4 ,purposes ,section #djaja of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7 by striking in the ocean commerce of the ,united ,states and inserting for the common carriage of goods by water in the foreign commerce of the ,united ,states2 and 7#b7 in paragraph 7#d7 by striking promote and inserting support4 #e4 ,definitions 7a7 ,in general ,section #djajb7i7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,b7 by striking the period and inserting 2 or2 7#b7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and by adjusting the margins accordingly2 7#c7 by striking means an ocean common carrier and inserting the following3 means-- 7,a7 an ocean common carrier 2 and 7#d7 by adding at the end the following3 7,b7 such a carrier that is owned or controlled by1 a subsidiary of1 or otherwise related legally or financially 7other than a minority relationship or investment7 to a corporation based in1 headquartered in1 or otherwise significantly linked to a country-- 7i7 identified as a nonmarket economy country 7as defined in section #gga7ah7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7ah777 as of the date of enactment of the ,federal ,maritime ,commission ,reauthorization ,act of #bjbe2 7ii7 identified by the ,united ,states ,trade ,representative on the priority watch list included in the most recent report required by section #ahb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbdb7 as a priority foreign country under subsection 7a77#b7 of that section2 or 7iii7 subject to monitoring by the ,united ,states ,trade ,representative under section #cjf of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaf74 4 7b7 ,conforming amendment ,section #dfajf7;b77#g7 of title #df1 ,united ,states ,code1 is amended by striking ocean common carriers1 particularly such carriers that are controlled carriers and all that follows through the period at the end and inserting controlled carriers24 #f4 ,complaints against shipping exchanges 7a7 ,in general ,section #djejd7;c7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in the subsection heading by inserting and investigation after ,exemption2 7#b7 by striking the period at the end and inserting 2 and2 7#c7 by striking may exempt and inserting the following3 may-- 7#a7 exempt 2 and 7#d7 by adding at the end the following3 7#b7 investigate complaints submitted under section #djeje4 4 7b7 ,complaints against shipping exchanges ,chapter #dje of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #djeje4 ,complaints against shipping exchanges 7a7 ,in general ,a person may submit to the ,federal ,maritime ,commission1 and the ,commission shall accept1 information concerning alleged incidents of market manipulation or other anticompetitive practices by shipping exchanges registered under section #djejd4 7b7 ,investigation ,upon receipt of a submission of information under subsection 7a71 the ,commission shall promptly investigate the accuracy of such information4 7c7 ,report to ,congress ,the ,commission shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate the results of any investigation in which the ,commission finds incidents of market manipulation or anticompetitive practices by shipping exchanges registered under section #djejd4 4 7c7 ,clerical amendment ,the analysis for chapter #dje of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #djeje4 ,complaints against shipping exchanges4 4 #g4 ,shipping exchange registry ,section #djejd7;d7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking #c years after the date of enactment of the ,ocean ,shipping ,reform ,act of #bjbb and inserting #b years after the date of enactment of the ,federal ,maritime ,commission ,reauthorization ,act of #bjbe2 7#b7 by striking set standards necessary to carry out and inserting ensure consistency with2 and 7#c7 by striking by and inserting via4 #h4 ,repeal 7a7 ,in general ,section #djgjf of title #df1 ,united ,states ,code1 is repealed4 7b7 ,clerical amendment ,the analysis for chapter #djg of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #djgjf4 #i4 ,data collection ,section #daaaj of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking ,the ,federal ,maritime ,commission and inserting the following3 7a7 ,quarterly report ,the ,federal ,maritime ,commission 2 and 7#b7 by adding at the end the following3 7b7 ,limitation on duplication ,unless the data described in paragraphs 7#a7 and 7#b7 is not available in a timely manner or in a form that allows the ,commission to meet the requirements of subsection 7a71 data required to be reported under subsection 7a7 may not duplicate information submitted-- 7#a7 to the ,corps of ,engineers pursuant to section #aa of the ,act entitled ,an ,act authorizing the construction1 repair1 and preservation of certain public works on rivers and harbors1 and for other purposes1 approved ,september #bb1 #aibb 7#cc ,u4,s4,c4 #eee71 by an ocean common carrier acting as a vessel operator2 7#b7 pursuant to section #dha of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adha7 to ,u4,s4 ,customs and ,border ,protection by merchandise importers2 or 7#c7 to the ,department of ,commerce pursuant to section #cja of title #ac4 4 #aj4 ,investigations ,section #dacjb of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,nondisclosure ,information and documents developed by the ,federal ,maritime ,commission under this section shall not be disclosed unless the ,commission determines by majority vote of the ,commission that such information and documents are relevant to an administrative or judicial proceeding and agrees by a majority vote to disclose such information and documents4 4 #aa4 ,national advisory committees 7a7 ,national shipper advisory committee ,section #dbejb of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by striking ,committee4 and inserting ,committee 7in this section referred to as the ,shipper ,committee742 7#b7 by striking subsection 7b72 7#c7 by redesignating subsection 7c7 as subsection 7b72 and 7#d7 in subsection 7b71 as so redesignated1 by striking ,committee each place it appears and inserting ,shipper ,committee4 7b7 ,national port advisory committee ,chapter #dbe of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating section #dbejc as section #dbejf2 and 7#b7 by inserting after section #dbejb the following3 #dbejc4 ,national port advisory committee 7a7 ,establishment ,there is established a ,national ,port ,advisory ,committee 7in this section referred to as the ,port ,committee74 7b7 ,membership 7#a7 ,in general ,the ,port ,committee shall consist of #ac members appointed by the ,commission in accordance with this section4 7#b7 ,expertise ,each member of the ,port ,committee shall have particular expertise1 knowledge1 and experience in matters relating to the function of the ,port ,committee4 7#c7 ,representation ,members of the ,port ,committee shall be appointed as follows3 7,a7 #e members shall represent marine terminal operators1 as such term is defined in section #djajb4 7,b7 #e members shall represent port authorities4 7,c7 #c members shall represent longshore and maritime labor4 #dbejd4 ,national ocean carrier advisory committee 7a7 ,establishment ,there is established a ,national ,ocean ,carrier ,advisory ,committee 7in this section referred to as the ,carrier ,committee74 7b7 ,membership 7#a7 ,in general ,the ,carrier ,committee shall consist of #i members appointed by the ,commission in accordance with this section4 7#b7 ,expertise ,each member of the ,carrier ,committee shall have particular expertise1 knowledge1 and experience in matters relating to the function of the ,committee4 7#c7 ,representation ,members of the ,carrier ,committee shall represent ocean carriers serving such seaports and terminals1 of which at least #c shall be ocean transportation intermediaries 7as such term is defined in section #djajb74 #dbeje4 ,function ,the covered ,committees shall advise the ,federal ,maritime ,commission on policies relating to the competitiveness1 reliability1 and efficiency of the international ocean freight delivery system4 4 7c7 ,conforming amendments 7#a7 ,definitions ,section #dbeja7b7 of title #df1 ,united ,states ,code1 is amended to read as follows3 7#b7 ,covered committee ,the term covered ,committee means-- 7,a7 the ,national ,shipper ,advisory ,committee established under section #dbejb2 7,b7 the ,national ,port ,advisory ,committee established under section #dbejc2 and 7,c7 the ,national ,ocean ,carrier ,advisory ,committee established under section #ebejd4 4 7#b7 ,administration ,section #dbejf of title #df1 ,united ,states ,code1 as redesignated by subsection 7b77#a71 is amended-- 7,a7 by striking ,the ,committee each place it appears except in subsection 7k7 and inserting ,each covered ,committee2 7,b7 in subsection 7a7 by striking the ,committee and inserting each such ,committee2 7,c7 in subsections 7b71 7c71 7d71 7e71 7f71 and 7j7 by striking the ,committee each place it appears and inserting a covered ,committee2 7,d7 in subsection 7f71 by striking the ,committee's and inserting a covered ,committee's2 7,e7 in subsection 7h7-- 7i7 in paragraph 7#a7-- 7,i7 by striking ,chair of the ,committee and inserting ,chair of each covered ,committee2 and 7,,ii7 by striking function of the ,committee and inserting function of the applicable ,committee2 and 7ii7 in paragraph 7#b7 by striking the ,committee and inserting each covered ,committee2 7,f7 in subsection 7i7-- 7i7 in paragraph 7#a7 by striking the ,committee if the function of the ,committee and inserting any relevant covered ,committee if the function of such ,committee2 7ii7 in paragraph 7#b7 by striking the ,committee and inserting each such ,committee2 7iii7 in paragraph 7#c7-- 7,i7 by striking from the ,committee and inserting from a covered ,committee2 and 7,,ii7 in subparagraph 7,b7 by striking to the ,committee and inserting to the submitting ,committee2 and 7iv7 in paragraph 7#d7 by striking from the ,committee and inserting from a covered ,committee2 and 7,g7 in subsection 7k7 by striking ,the ,committee and inserting ,the covered ,committees4 #ab4 ,annual report and public disclosures 7a7 ,report on foreign laws and practices ,section #dfajf7;b7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#f7-- 7,a7 by striking and at the end2 and 7,b7 by striking under this part and inserting under chapter #djc2 7#b7 in paragraph 7#g71 as amended by section #e7;b7 of this ,act-- 7,a7 by inserting anticompetitive1 nonreciprocal trade1 or before otherwise concerning practices2 7,b7 by inserting or marine terminal operators after controlled carriers2 and 7,c7 by inserting and after the semicolon at the end2 and 7#c7 by adding at the end the following3 7#h7 an analysis of any trade imbalance resulting from the business practices of ocean common carriers1 including an analysis of the data collected under section #daaaj2 and 7#i7 the aggregated findings and results of the ,vessel-,operating ,common ,carrier ,audit ,program established by the ,commission on ,july #ah1 #bjba1 pursuant to the ,commission rule interpreting section #daajb7;c74 4 7b7 ,public disclosure ,section #dfajf7;d77#b7 of title #df1 ,united ,states ,code1 is amended by inserting or marine terminal operator after common carrier4 #ac4 ,containerized freight indexes 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,federal ,maritime ,commission shall promulgate an advance notice of proposed rulemaking on the manner in which data is acquired1 used1 and protected in developing price indexes for containerized ocean freight for shippers 7as such term is defined in section #djajb of title #df1 ,united ,states ,code7 in the ,united ,states published by a shipping exchange registered under section #djejd of title #df1 ,united ,states ,code4 7b7 ,final rule ,not later than #c years after the date of enactment of this ,act1 the ,commission shall publish a final rule with respect to the advance notice of proposed rulemaking required under subsection 7a74 #ad4 ,technical amendments 7a7 ,national advisory committees ,the analysis for subtitle ,,iv of title #df1 ,united ,states ,code1 is amended by striking the item relating to chapter #dbe and inserting the following3 #dbe4 ,national ,advisory ,committees #dbeja 4 7b7 ,analysis ,the heading and analysis for chapter #dbe of title #df1 ,united ,states ,code1 is amended to read as follows3 #dbe ,,national ,,advisory ,,committees ,sec4 #dbeja4 ,definitions4 #dbejb4 ,national ,shipper ,advisory ,committee4 #dbejc4 ,national ,port ,advisory ,committee4 #dbejd4 ,national ,ocean ,carrier ,advisory ,committee4 #dbeje4 ,function4 #dbejf4 ,administration4 4 ,passed the ,house of ,representatives ,december #ae1 #bjbe4;,clerk4