[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4996 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
1st Session
H. R. 4996
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 9, 2021
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
AN ACT
To amend title 46, United States Code, with respect to prohibited acts
by ocean common carriers or marine terminal operators, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ocean Shipping Reform Act of 2021''.
SEC. 2. PURPOSES.
Section 40101 of title 46, United States Code, is amended by
striking paragraphs (2) through (4) and inserting the following:
``(2) ensure an efficient and competitive transportation
system for the common carriage of goods by water in the foreign
commerce of the United States that is, as far as possible, in
harmony with fair and equitable international shipping
practices;
``(3) encourage the development of a competitive and
efficient liner fleet of vessels of the United States capable
of meeting national security and commerce needs of the United
States;
``(4) support the growth and development of United States
exports through a competitive and efficient system for the
common carriage of goods by water in the foreign commerce of
the United States and by placing a greater reliance on the
marketplace; and
``(5) promote reciprocal trade in the common carriage of
goods by water in the foreign commerce of the United States.''.
SEC. 3. SERVICE CONTRACTS.
Section 40502 of title 46, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (7) by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (8) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(9) any other essential terms or minimum contract
requirements that the Federal Maritime Commission determines
necessary or appropriate.''; and
(2) by adding at the end the following:
``(g) Service Contract Requirement.--With respect to service
contracts entered into under this section, a common carrier shall
establish, observe, and enforce just and reasonable regulations and
practices relating to essential terms and minimum contract requirements
the Commission determines are necessary or appropriate under subsection
(c)(9).''.
SEC. 4. SHIPPING EXCHANGE REGISTRY.
(a) In General.--Chapter 405 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 40504. Shipping exchange registry
``(a) In General.--No person may operate a shipping exchange
involving ocean transportation in the foreign commerce of the United
States unless the shipping exchange is registered as a national
shipping exchange under the terms and conditions provided in this
section and the regulations issued pursuant to this section.
``(b) Registration.--A person shall register a shipping exchange by
filing with the Federal Maritime Commission an application for
registration in such form as the Commission, by rule, may prescribe
containing the rules of the exchange and such other information and
documents as the Commission, by rule, may prescribe as necessary or
appropriate in the public interest.
``(c) Exemption.--The Commission may exempt, conditionally or
unconditionally, a shipping exchange from registration and licensing
under this section if the Commission finds that the shipping exchange
is subject to comparable, comprehensive supervision and regulation by
the appropriate governmental authorities in the home country of the
shipping exchange.
``(d) Regulations.--In issuing regulations pursuant to subsection
(a), the Commission shall set standards necessary to carry out subtitle
IV for registered national shipping exchanges, including the minimum
requirements for service contracts established under section 40502, and
issue licenses for registered national shipping exchanges.
``(e) Definition.--In this subsection, the term `shipping exchange'
means a platform, digital, over-the-counter or otherwise, which
connects shippers with common carriers (both vessel-operating and non-
vessel-operating) for the purpose of entering into underlying
agreements or contracts for the transport of cargo, by vessel or other
modes of transportation.''.
(b) Applicability.--The registration requirement under section
40504 of title 46, United States Code (as added by this section), shall
take effect on the date on which the Federal Maritime Commission issues
regulations required under subsection (d) of such section.
(c) Clerical Amendment.--The analysis for chapter 405 of title 46,
United States Code, is amended by adding at the end the following:
``40504. Shipping exchange registry.''.
SEC. 5. DATA COLLECTION.
(a) In General.--Chapter 411 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 41110. Data collection
``(a) In General.--Common carriers covered under this chapter shall
submit to the Federal Maritime Commission a calendar quarterly report
that describes the total import and export tonnage and the total loaded
and empty 20-foot equivalent units per vessel (making port in the
United States, including any territory or possession of the United
States) operated by such common carrier.
``(b) Prohibition on Duplication.--Data required to be reported
under subsection (a) may not duplicate information--
``(1) submitted to the Corps of Engineers pursuant to
section 11 of the Act entitled `An Act authorizing 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; or
``(2) submitted pursuant to section 481 of the Tariff Act
of 1930 (19 U.S.C. 1481) to U.S. Customs and Border Protection
by merchandise importers.''.
(b) Clerical Amendment.--The analysis for chapter 411 of title 46,
United States Code, is amended by adding at the end the following:
``41110. Data collection.''.
SEC. 6. NATIONAL SHIPPER ADVISORY COMMITTEE.
(a) National Shipper Advisory Committee.--Section 42502(c)(3) of
title 46, United States Code, is amended by inserting ``, including
customs brokers or freight forwarders'' after ``ocean common carriers''
each place such term occurs.
(b) Analysis.--The analysis for chapter 425 of title 46, United
States Code, is amended by inserting before the item relating to
section 42501 the following:
``Sec.''.
SEC. 7. ANNUAL REPORT AND PUBLIC DISCLOSURES.
(a) Report on Foreign Laws and Practices.--Section 46106(b) of
title 46, United States Code, is amended--
(1) in paragraph (5) by striking ``and'' at the end;
(2) in paragraph (6)--
(A) by striking ``under this part'' and inserting
``under chapter 403''; and
(B) by striking the period and inserting a
semicolon; and
(3) by adding at the end the following:
``(7) an identification of any anticompetitive or
nonreciprocal trade practices by ocean common carriers;
``(8) an analysis of any trade imbalance resulting from the
business practices of ocean common carriers, including an
analysis of the data collected under section 41110; and
``(9) an identification of any otherwise concerning
practices by ocean common carriers, particularly such carriers
that are--
``(A) State-owned or State-controlled enterprises;
or
``(B) owned or controlled by, is a subsidiary of,
or is otherwise related legally or financially (other
than a minority relationship or investment) to a
corporation based in a country--
``(i) identified as a nonmarket economy
country (as defined in section 771(18) of the
Tariff Act of ( 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 Trade
Representative under section 306 of the Trade
Act of 1974 (19 U.S.C. 2416).''.
(b) Public Disclosure.--
(1) In general.--Section 46106 of title 46, United States
Code, is amended by adding at the end the following:
``(d) Public Disclosures.--The Federal Maritime Commission shall
publish, and annually update, on the website of the Commission--
``(1) all findings by the Commission of false
certifications by common carriers or marine terminal operators
under section 41104(a)(15) of this title; and
``(2) all penalties imposed or assessed against common
carriers or marine terminal operators, as applicable, under
sections 41107, 41108, and 41109, listed by each common carrier
or marine terminal operator.''.
(2) Conforming and clerical amendments.--
(A) Conforming amendment.--The heading for section
46106 of title 46, United States Code, is amended by
inserting ``and public disclosure'' after ``report''.
(B) Clerical amendment.--The analysis for chapter
461 of title 46, United States Code, is amended by
striking the item related to section 46106 and
inserting the following:
``46106. Annual report and public disclosure.''.
SEC. 8. GENERAL PROHIBITIONS.
Section 41102 of title 46, United States Code, is amended by adding
by adding at the end the following:
``(d) Prohibition on Retaliation.--A common carrier, marine
terminal operator, or ocean transportation intermediary, either alone
or in conjunction with any other person, directly or indirectly, may
not retaliate against a shipper, a shipper's agent, or a motor carrier
by refusing, or threatening to refuse, cargo space accommodations when
available, or resort to other unfair or unjustly discriminatory methods
because the shipper has patronized another carrier, has filed a
complaint, or for any other reason.
``(e) Certification.--A common carrier or marine terminal operator
shall not charge any other person demurrage or detention charges under
a tariff, marine terminal schedule, service contract, or any other
contractual obligation unless accompanied by an accurate certification
that such charges comply with all rules and regulations concerning
demurrage or detention issued by the Commission. The certification
requirement only applies to the entity that establishes the charge, and
a common carrier or marine terminal operator that collects a charge on
behalf of another common carrier or marine terminal operator is not
responsible for providing the certification, except that an invoice
from a common carrier or marine terminal operator collecting a charge
on behalf of another must include a certification from the party that
established the charge.''.
SEC. 9. PROHIBITION ON UNREASONABLY DECLINING CARGO.
(a) Unreasonably Declining Cargo.--Section 41104 of title 46,
United States Code, is amended in subsection (a)--
(1) by striking paragraph (3) and inserting the following:
``(3) engage in practices that unreasonably reduce shipper
accessibility to equipment necessary for the loading or
unloading of cargo;'';
(2) in paragraph (12) by striking ``; or'' and inserting a
semicolon;
(3) in paragraph (13) by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
``(14) fail to furnish or cause a contractor to fail to
furnish containers or other facilities and instrumentalities
needed to perform transportation services, including allocation
of vessel space accommodations, in consideration of reasonably
foreseeable import and export demands; or
``(15) unreasonably decline export cargo bookings if such
cargo can be loaded safely and timely, as determined by the
Commandant of the Coast Guard, and carried on a vessel
scheduled for the immediate destination of such cargo.''.
(b) Rulemaking on Unreasonably Declining Cargo.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commission shall initiate a
rulemaking proceeding to define the term ``unreasonably
decline'' for the purposes of subsection (a)(15) of section
41104 of title 46, United States Code (as added by subsection
(a)).
(2) Contents.--The rulemaking under paragraph (1) shall
address the unreasonableness of ocean common carriers
prioritizing the shipment of empty containers while excluding,
limiting, or otherwise reducing the shipment of full, loaded
containers when such containers are readily available to be
shipped and the appurtenant vessel has the weight and space
capacity available to carry such containers if loaded in a safe
and timely manner.
SEC. 10. DETENTION AND DEMURRAGE.
(a) In General.--Section 41104 of title 46, United States Code, is
further amended by adding at the end the following:
``(d) Certification.--Failure of a common carrier to include a
certification under section 41102(e) alongside any demurrage or
detention charge shall eliminate any obligation of the charged party to
pay the applicable charge.
``(e) Demurrage and Detention Practices and Charges.--
Notwithstanding any other provision of law and not later than 30 days
of the date of enactment of this subsection, a common carrier or marine
terminal operator, shall--
``(1) act in a manner consistent with any rules or
regulations concerning demurrage or detention issued by the
Commission;
``(2) maintain all records supporting the assessment of any
demurrage or detention charges for a period of 5 years and
provide such records to the invoiced party or to the Commission
on request; and
``(3) bear the burden of establishing the reasonableness of
any demurrage or detention charges which are the subject of any
complaint proceeding challenging a common carrier or marine
terminal operator demurrage or detention charges as unjust and
unreasonable.
``(f) Penalties for False or Inaccurate Certified Demurrage or
Detention Charges.--In the event of a finding that the certification
under section 41102(e) was inaccurate, or false after submission under
section 41301, penalties under section 41107 shall be applied if the
Commission determines, in a separate enforcement proceeding, such
certification was inaccurate or false.''.
(b) Rulemaking on Detention and Demurrage.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Federal Maritime Commission shall
initiate a rulemaking proceeding to establish rules prohibiting
common carriers and marine terminal operators from adopting and
applying unjust and unreasonable demurrage and detention rules
and practices.
(2) Contents.--The rulemaking under paragraph (1) shall
address the issues identified in the final rule published on
May 18, 2020, titled ``Interpretive Rule on Demurrage and
Detention Under the Shipping Act'' (85 Fed. Reg. 29638),
including the following:
(A) Establishing clear and uniform definitions for
demurrage, detention, cargo availability for retrieval
and associated free time, and other terminology used in
the rule. The definition for cargo availability for
retrieval shall account for government inspections.
(B) Establishing that demurrage and detention rules
are not independent revenue sources but incentivize
efficiencies in the ocean transportation network,
including the retrieval of cargo and return of
equipment.
(C) Prohibiting the consumption of free time or
collection of demurrage and detention charges when
obstacles to the cargo retrieval or return of equipment
are within the scope of responsibility of the carrier
or their agent and beyond the control of the invoiced
or contracting party.
(D) Prohibiting the commencement or continuation of
free time unless cargo is available for retrieval and
timely notice of cargo availability has been provided.
(E) Prohibiting the consumption of free time or
collection of demurrage charges when marine terminal
appointments are not available during the free time
period.
(F) Prohibiting the consumption of free time or
collection of detention charges on containers when the
marine terminal required for return is not open or
available.
(G) Requiring common carriers to provide timely
notice of--
(i) cargo availability after vessel
discharge;
(ii) container return locations; and
(iii) advance notice for container early
return dates.
(H) Establishing minimum billing requirements,
including timeliness and supporting information that
shall be included in or with invoices for demurrage and
detention charges that will allow the invoiced party to
validate the charges.
(I) Requiring common carriers and marine terminal
operators to establish reasonable dispute resolution
policies and practices.
(J) Establishing the responsibilities of shippers,
receivers, and draymen with respect to cargo retrieval
and equipment return.
(K) Clarifying rules for the invoicing of parties
other than the shipper for any demurrage, detention, or
other similar per container charges, including
determining whether such parties should be billed at
all.
(c) Rulemaking on Minimum Service Standards.--Not later than 90
days after the date of enactment of this Act, the Commission shall
initiate a rulemaking proceeding to incorporate subsections (d) through
(f) of 41104 of title 46, United States Code, which shall include the
following:
(1) The obligation to adopt reasonable rules and practices
related to or connected with the furnishing and allocation of
adequate and suitable equipment, vessel space accommodations,
containers, and other instrumentalities necessary for the
receiving, loading, carriage, unloading and delivery of cargo.
(2) The duty to perform the contract of carriage with
reasonable dispatch.
(3) The requirement to carry United States export cargo if
such cargo can be loaded safely and timely, as determined by
the Commandant of the Coast Guard, and carried on a vessel
scheduled for such cargo's immediate destination.
(4) The requirement of ocean common carriers to establish
contingency service plans to address and mitigate service
disruptions and inefficiencies during periods of port
congestion and other market disruptions.
SEC. 11. ASSESSMENT OF PENALTIES.
(a) Assessment of Penalties.--Section 41109 of title 46, United
States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or, in addition to or in lieu of
a civil penalty, order the refund of money'' after
``this part''; and
(B) by inserting ``or refund of money'' after
``conditions, a civil penalty'';
(2) in subsection (c) by inserting ``or refund of money''
after ``civil penalty'';
(3) in subsection (e) by inserting ``or order a refund of
money'' after ``civil penalty''; and
(4) in subsection (f) by inserting ``or who is ordered to
refund money'' after ``civil penalty is assessed''.
(b) Additional Penalties.--Section 41108(a) of title 46, United
States Code, is amended by striking ``section 41104(1), (2), or (7)''
and inserting ``subsections (d) or (e) of section 41102 or paragraph
(1), (2), (7), (14), or (15) of section 41104(a)''.
(c) Conforming Amendment.--Section 41309 of title 46, United States
Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or refund of money'' after
``payment of reparation''; and
(B) by inserting ``or to whom the refund of money
was ordered'' after ``award was made''; and
(2) in subsection (b) by inserting ``or refund of money''
after ``award of reparation''.
(d) Award of Reparations.--Section 41305(c) of title 46, United
States Code, is amended--
(1) by inserting ``or (c)'' after ``41102(b)''; and
(2) by inserting ``, or if the Commission determines that a
violation of section 41102(e) was made willfully or knowingly''
after ``of this title''.
SEC. 12. INVESTIGATIONS.
Section 41302 of title 46, United States Code, is amended by
striking ``or agreement'' and inserting ``, agreement, fee, or
charge''.
SEC. 13. INJUNCTIVE RELIEF.
Section 41307(b) to title 46, United States Code, is amended--
(1) in paragraph (3)--
(A) in the heading by striking ``and third
parties''; and
(B) by striking the second sentence; and
(2) by adding at the end the following:
``(5) Third party intervention.--The court may allow a
third party to intervene in a civil action brought under this
section.''.
SEC. 14. TECHNICAL AMENDMENTS.
(a) Federal Maritime Commission.--The analysis for chapter 461 of
title 46, United States Code, is amended by striking the first item
relating to chapter 461.
(b) Assessment of Penalties.--Section 41109(c) of title 46, United
States Code, is amended by striking ``section 41104(1) or (2)'' and
inserting ``paragraph (1) or (2) of section 41104(a)''.
(c) National Shipper Advisory Committee.--Section 42502(c)(3) of
title 46, United States Code is amended by striking ``Representation''
and all that follows through ``Members'' and inserting
``Representation.--Members''.
SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
Section 46108 of title 46, United States Code, is amended by
striking ``$29,086,888 for fiscal year 2020 and $29,639,538 for fiscal
year 2021'' and inserting ``$32,603,492 for fiscal year 2022 and
$35,863,842 for fiscal year 2023''.
SEC. 16. NAS STUDY ON SUPPLY CHAIN INDUSTRY.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Transportation shall seek to enter into
an agreement with the National Academy of Sciences under which the
National Academy shall conduct a study on the United States supply
chain that examines data constraints that impede the flow of maritime
cargo and add to supply chain inefficiencies and that identifies data
sharing systems that can be employed to improve the functioning of the
United States supply chain.
(b) Contents.--The study required under subsection (a) shall
include--
(1) the identification of where bottlenecks or chokepoints
are most prominent within the United States supply chain;
(2) the identification of what common shipping data is
created with each hand-off of a container through the United
States supply chain and how such data is stored and shared;
(3) the identification of critical data elements used by
any entity covered by subsection (c), including the key
elements used for various supply chain business processes;
(4) a review of the methodology used to store, access, and
disseminate shipping data across the United States supply chain
and evaluation of the inefficiencies in such methodology;
(5) an analysis of existing and potential impediments to
the free flow of information among entities covered by
subsection (c), including--
(A) identification of barriers that prevent
carriers, terminals, and shippers from having access to
commercial data; and
(B) any inconsistencies in--
(i) terminology used across data elements
connected to the shipment, arrival, and
unloading of a shipping container; and
(ii) the classification systems used across
the United States supply chain, including
inconsistencies in the names of entities
covered by subsection (c), geographical names,
and terminology;
(6) the identification of information to be included in an
improved data sharing system designed to plan, execute, and
monitor the optimal loading and unloading of maritime cargo;
and
(7) the identification of existing software and data
sharing platforms available to facilitate propagation of
information to all agents involved in the loading and unloading
of maritime cargo and evaluate the effectiveness of such
software and platforms if implemented.
(c) Collection of Information.--In conducting the study required
under subsection (a), the National Academy of Sciences shall collect
information from--
(1) vessel operating common carriers and non-vessel
operating common carriers;
(2) marine terminal operators;
(3) commercial motor vehicle operators;
(4) railroad carriers;
(5) chassis providers;
(6) ocean transportation intermediaries;
(7) custom brokers;
(8) freight forwarders;
(9) shippers and cargo owners;
(10) the National Shipper Advisory Committee;
(11) relevant government agencies, such as the Federal
Maritime Commission, the Surface Transportation Board, and the
United States Customs and Border Protection;
(12) to the extent practicable, representatives of foreign
countries and maritime jurisdictions outside of the United
States; and
(13) any other entity involved in the transportation of
ocean cargo and the unloading of cargo upon arrival at a port.
(d) Facilitation of Data Sharing.--In carrying out the study under
subsection (a), the National Academy of Sciences may solicit
information from any relevant agency relating to the United States
supply chain.
(e) Report.--Not later than 18 months after entering into an
arrangement with the Secretary under subsection (a), the National
Academy of Sciences shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, and make available
on a publicly accessible website, a report containing--
(1) the study required under subsection (a);
(2) the information collected under subsections (b) and
(c), excluding any personally identifiable information or
sensitive business information; and
(3) any recommendations for--
(A) common data standards to be used in the United
States supply chain; and
(B) policies and protocols that would streamline
information sharing across the United States supply
chain.
SEC. 17. TEMPORARY EMERGENCY AUTHORITY.
(a) Public Input on Information Sharing.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Federal Maritime Commission shall
issue a request for information seeking public comment
regarding--
(A) whether congestion of the common carriage of
goods has created an emergency situation of a magnitude
such that there exists a substantial adverse effect on
the competitiveness and reliability of the
international ocean transportation supply system;
(B) whether an emergency order described in
subsection (b) would alleviate such an emergency
situation; and
(C) the appropriate scope of such an emergency
order, if applicable.
(2) Consultation.--During the public comment period under
paragraph (1), the Commission may consult, as the Commission
determines to be appropriate, with--
(A) other Federal departments and agencies; and
(B) persons with expertise relating to maritime and
freight operations.
(b) Authority to Issue Emergency Order Requiring Information
Sharing.--On making a unanimous determination described in subsection
(c), the Commission may issue an emergency order requiring any common
carrier or marine terminal operator to share directly with relevant
shippers, rail carriers, or motor carriers information relating to
cargo throughput and availability, in order to ensure the efficient
transportation, loading, and unloading of cargo to or from--
(1) any inland destination or point of origin;
(2) any vessel; or
(3) any point on a wharf or terminal.
(c) Description of Determination.--
(1) In general.--A determination referred to in subsection
(b) is a unanimous determination by the Commission that
congestion of common carriage of goods has created an emergency
situation of a magnitude such that there exists a substantial
adverse effect on the competitiveness and reliability of the
international ocean transportation supply system.
(2) Factors for consideration.--In issuing an emergency
order under subsection (b), the Commission shall ensure that
such order includes parameters relating to temporal and
geographic scope, taking into consideration the likely burdens
on ocean carriers and marine terminal operators and the likely
benefits on congestion relating to the purposes described in
section 40101 of title 46, United States Code.
(d) Petitions for Exception.--
(1) In general.--A common carrier or marine terminal
operator subject to an emergency order issued under this
section may submit to the Commission a petition for exception
from 1 or more requirements of the emergency order, based on a
showing of undue hardship or other condition rendering
compliance with such a requirement impractical.
(2) Determination.--Not later than 21 days after the date
on which a petition for exception under paragraph (1) is
submitted, the Commission shall determine whether to approve or
deny such petition by majority vote.
(3) Inapplicability pending review.--The requirements of an
emergency order that is the subject of a petition for exception
under this subsection shall not apply to a petitioner during
the period for which the petition is pending.
(e) Limitations.--
(1) Term.--An emergency order issued under this section
shall remain in effect for a period of not longer than 60 days.
(2) Renewal.--The Commission may renew an emergency order
issued under this section for an additional term by a unanimous
determination by the Commission.
(f) Sunset.--The authority provided by this section shall terminate
on the date that is 2 years after the date of enactment of this Act.
(g) Definitions.--In this section:
(1) Common carrier.--The term ``common carrier'' has the
meaning given such term in section 40102 of title 46, United
States Code.
(2) Motor carrier.--The term ``motor carrier'' has the
meaning given such term in section 13102 of title 49, United
States Code.
(3) Rail carrier.--The term ``rail carrier'' has the
meaning given such term in section 10102 of title 49, United
States Code.
(4) Shipper.--The term ``shipper'' has the meaning given
such term in section 40102 of title 46, United States Code.
SEC. 18. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives December 8, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.