II 

Calendar No. 311 

117TH CONGRESS 

2D SESSION S. 3580 

To amend title 46, United States Code, with respect to prohibited acts 

by ocean common carriers or marine terminal operators, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 3, 2022 

Ms. KLOBUCHAR (for herself, Mr. THUNE, Ms. BALDWIN, Mr. HOEVEN, Ms. 

STABENOW, Mr. MARSHALL, Mr. PETERS, Mr. MORAN, Mr. 

BLUMENTHAL, Mr. YOUNG, Mr. KELLY, Mrs. BLACKBURN, Mr. BOOKER, 

Ms. ERNST, Ms. SMITH, Mr. CRAPO, Ms. CORTEZ MASTO, Mr. BRAUN, 

Mr. WARNOCK, Mr. RISCH, Mr. BENNET, Mr. CRAMER, Mr. WYDEN, Mr. 

BLUNT, Mr. VAN HOLLEN, Mr. BOOZMAN, Mr. PADILLA, Mrs. FISCHER, 

and Mr. HICKENLOOPER) introduced the following bill; which was read 

twice and referred to the Committee on Commerce, Science, and Transportation 

MARCH 24, 2022 

Reported by Ms. CANTWELL, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend title 46, United States Code, with respect to 

prohibited acts by ocean common carriers or marine terminal operators, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Ocean Shipping Re3 form Act of 2022’’. 

4 SEC. 2. PURPOSES. 

5 Section 40101 of title 46, United States Code, is 

6 amended— 

7 (1) by striking paragraph (2) and inserting the 

8 following: 

9 ‘‘(2) ensure an efficient, competitive, and eco10 nomical transportation system in the ocean com11 merce of the United States;’’; 

12 (2) in paragraph (3), by inserting ‘‘and sup13 porting commerce’’ before ‘‘needs’’; and 

14 (3) by striking paragraph (4) and inserting the 

15 following: 

16 ‘‘(4) promote the growth and development of 

17 United States exports.’’. 

18 SEC. 3. SERVICE CONTRACTS. 

19 Section 40502(c) of title 46, United States Code, is 

20 amended— 

21 (1) in paragraph (7) by striking ‘‘; and’’ and in22 serting a semicolon; 

23 (2) in paragraph (8) by striking the period and 

24 inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(9) any other essential terms that the Federal 

2 Maritime Commission determines necessary or ap3 propriate.’’. 

4 SEC. 4. SHIPPING EXCHANGE REGISTRY. 

5 (a) IN GENERAL.—Chapter 405 of title 46, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘§ 40504. Shipping exchange registry 

9 ‘‘(a) IN GENERAL.—No person may operate a ship10 ping exchange involving ocean transportation in the for11 eign commerce of the United States unless the shipping 

12 exchange is registered as a national shipping exchange 

13 under the terms and conditions provided in this section 

14 and the regulations issued pursuant to this section. 

15 ‘‘(b) REGISTRATION.—A person shall register a ship16 ping exchange by filing with the Federal Maritime Com17 mission (referred to in this section as the ‘Commission’) 

18 an application for registration in such form as the Com19 mission, by rule, may prescribe containing the rules of the 

20 exchange and such other information and documents as 

21 the Commission, by rule, may prescribe as necessary or 

22 appropriate in the public interest. 

23 ‘‘(c) EXEMPTION.—The Commission may exempt, 

24 conditionally or unconditionally, a shipping exchange from 

25 registration under this section if the Commission finds 


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1 that the shipping exchange is subject to comparable, com2 prehensive supervision and regulation by the appropriate 

3 governmental authorities in a foreign country where the 

4 shipping exchange is headquartered. 

5 ‘‘(d) REGULATIONS.—Not later than 3 years after 

6 the date of enactment of the Ocean Shipping Reform Act 

7 of 2022, the Commission shall issue regulations pursuant 

8 to subsection (a), which shall set standards necessary to 

9 carry out subtitle IV of this title for registered national 

10 shipping exchanges, including the minimum requirements 

11 for service contracts established under section 40502 of 

12 this title. 

13 ‘‘(e) DEFINITION OF SHIPPING EXCHANGE.—In this 

14 section, the term ‘shipping exchange’ means a service or 

15 platform for shippers to communicate freight traffic and 

16 capacity information to common carriers.’’. 

17 (b) APPLICABILITY.—The registration requirement 

18 under section 40504 of title 46, United States Code (as 

19 added by subsection (a)), shall take effect on the date on 

20 which the Federal Maritime Commission states the rule 

21 is effective in the regulations issued under such section. 

22 (c) CLERICAL AMENDMENT.—The analysis for chap23 ter 405 of title 46, United States Code, is amended by 

24 adding at the end the following: 

‘‘40504. Shipping exchange registry.’’. 


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1 SEC. 5. PROHIBITION ON RETALIATION. 

2 Section 41102 of title 46, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘(d) PROHIBITION ON RETALIATION.— 

5 ‘‘(1) IN GENERAL.—A common carrier, marine 

6 terminal operator, or ocean transportation inter7 mediary, either alone or in conjunction with any 

8 other person, directly or indirectly, may not retaliate 

9 against a shipper, a motor carrier, or an agent of 

10 such a shipper or carrier by taking any action de11 scribed in paragraph (2) because the shipper or 

12 motor carrier has patronized another common car13 rier, marine terminal operator, or ocean transpor14 tation intermediary, or has filed a complaint, or for 

15 any other reason. 

16 ‘‘(2) ACTIONS.—The actions described in this 

17 paragraph are— 

18 ‘‘(A) refusing, or threatening to refuse, 

19 cargo space accommodations when available; or 

20 ‘‘(B) resorting to any other prohibited ac21 tions under section 41104(a)(3).’’. 

22 SEC. 6. PUBLIC DISCLOSURE. 

23 Section 46106 of title 46, United States Code, is 

24 amended by adding at the end the following: 


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1 ‘‘(d) PUBLIC DISCLOSURES.—The Federal Maritime 

2 Commission shall publish, and annually update, on the 

3 website of the Commission— 

4 ‘‘(1) all findings by the Commission of false 

5 certifications by common carriers or marine terminal 

6 operators under section 41104(a)(15) of this title; 

7 and 

8 ‘‘(2) all penalties imposed or assessed against 

9 common carriers or marine terminal operators, as 

10 applicable, under sections 41107, 41108, and 41109, 

11 listed by each common carrier or marine terminal 

12 operator.’’. 

13 SEC. 7. COMMON CARRIERS. 

14 (a) IN GENERAL.—Section 41104 of title 46, United 

15 States Code, is amended— 

16 (1) in subsection (a)— 

17 (A) in the matter preceding paragraph (1), 

18 by striking ‘‘may not’’ and inserting ‘‘shall 

19 not’’; 

20 (B) by striking paragraph (3) and insert21 ing the following: 

22 ‘‘(3) with due regard being given to the proper 

23 loading of the vessel and the available tonnage, 

24 refuse cargo space accommodations when available, 


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1 or resort to other unfair or unjustly discriminatory 

2 methods;’’; 

3 (C) in paragraph (5), by striking ‘‘in the 

4 matter of rates or charges’’ and inserting 

5 ‘‘against any commodity group or type of ship6 ment or in the matter of rates or charges’’; 

7 (D) in paragraph (9), by inserting 

8 ‘‘against any commodity group or type of ship9 ment or in the matter of rates or charges’’ after 

10 ‘‘disadvantage’’; 

11 (E) in paragraph (10), by adding ‘‘, in12 cluding with respect to vessel space accommoda13 tions’’ after ‘‘negotiate’’; 

14 (F) in paragraph (12) by striking ‘‘; or’’ 

15 and inserting a semicolon; 

16 (G) in paragraph (13) by striking the pe17 riod and inserting a semicolon; and 

18 (H) by adding at the end the following: 

19 ‘‘(14) assess any party for a charge that is in20 consistent or does not comply with all applicable pro21 visions of part 545 of title 46, Code of Federal Reg22 ulations (or successor regulations); or 

23 ‘‘(15) invoice any party for demurrage or deten24 tion charges, unless accompanied by an accurate cer25 tification that such charges comply with— 


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1 ‘‘(A) all provisions of part 545 of title 46, 

2 Code of Federal Regulations (or successor regu3 lations); and 

4 ‘‘(B) the findings of the final rule pub5 lished on May 18, 2020, entitled ‘Interpretive 

6 Rule on Demurrage and Detention Under the 

7 Shipping Act’ (85 Fed. Reg. 29638).’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(d) VIOLATION OF PROHIBITION.—If the Commis10 sion determines, after an investigation in response to a 

11 submission under section 41310, that a certification under 

12 subsection (a)(15) was inaccurate or false, penalties under 

13 section 41107 shall be applied. 

14 ‘‘(e) CERTIFICATION.—Failure to include a certifi15 cation under subsection (a)(15) alongside any demurrage 

16 or detention charge shall eliminate any obligation of the 

17 charged party to pay the applicable charge.’’. 

18 (b) RULEMAKING ON DEMURRAGE OR DETENTION.— 

19 (1) IN GENERAL.—Not later than 1 year after 

20 the date of enactment of this Act, the Federal Mari21 time Commission shall issue rulemaking further de22 fining prohibited practices by common carriers, ma23 rine terminal operators, shippers, and ocean trans24 portation intermediaries under section 41102(c) of 


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1 title 46, United States Code, regarding the assess2 ment of demurrage or detention charges. 

3 (2) CONTENTS.—The rulemaking under para4 graph (1) shall seek to further clarify reasonable 

5 rules and practices related to the assessment of de6 tention and demurrage charges to address the issues 

7 identified in the final rule published on May 18, 

8 2020, titled ‘‘Interpretive Rule on Demurrage and 

9 Detention Under the Shipping Act’’ (85 Fed. Reg. 

10 29638), including a determination of which parties 

11 may be appropriately billed for any demurrage, de12 tention, or other similar per container charges. 

13 (c) RULEMAKING ON UNFAIR OR UNJUSTLY DIS14 CRIMINATORY METHODS.—Not later than 1 year after the 

15 date of enactment of this Act, the Federal Maritime Com16 mission shall issue rulemaking defining unfair or unjustly 

17 discriminatory methods under section 41104(a)(3) of title 

18 46, as amended by this section. 

19 (d) RULEMAKING ON UNREASONABLY REFUSE TO

20 DEAL OR NEGOTIATE WITH RESPECT TO VESSEL SPACE

21 ACCOMMODATIONS.—Not later than 1 year after the date 

22 of enactment of this Act, the Federal Maritime Commis23 sion shall issue rulemaking defining unreasonable refusal 

24 to deal or negotiate with respect to vessel space under sec25 tion 41104(a)(10) of title 46, as amended by this section. 


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1 SEC. 8. ASSESSMENT OF PENALTIES OR REFUNDS. 

2 (a) IN GENERAL.—Title 46, United States Code, is 

3 amended— 

4 (1) in section 41107— 

5 (A) in the section heading, by inserting 

6 ‘‘or refunds’’ after ‘‘penalties’’; 

7 (B) in subsection (a), by inserting ‘‘or, in 

8 addition to or in lieu of a civil penalty, is liable 

9 for the refund of a charge’’ after ‘‘civil pen10 alty’’; and 

11 (C) in subsection (b), by inserting ‘‘or, in 

12 addition to or in lieu of a civil penalty, the re13 fund of a charge,’’ after ‘‘civil penalty’’; and 

14 (2) in section 41109— 

15 (A) in the section heading, by inserting 

16 ‘‘or refunds’’ after ‘‘penalties’’; 

17 (B) in subsection (a)— 

18 (i) by inserting ‘‘or, in addition to or 

19 in lieu of a civil penalty, order the refund 

20 of a charge’’ after ‘‘this part’’; and 

21 (ii) by inserting ‘‘or refund of such 

22 charge’’ after ‘‘conditions, a civil penalty’’; 

23 (C) by striking subsection (c); 

24 (D) by redesignating subsections (d) 

25 through (g) as subsections (c) through (f); 


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1 (E) in subsection (d), as redesignated by 

2 subparagraph (D), by inserting ‘‘or order a re3 fund of a charge’’ after ‘‘civil penalty’’; 

4 (F) in subsection (e), as redesignated by 

5 subparagraph (D), by inserting ‘‘or who is or6 dered to refund a charge’’ after ‘‘civil penalty is 

7 assessed’’; and 

8 (G) in subsection (f), as redesignated by 

9 subparagraph (D)— 

10 (i) by inserting ‘‘or pay a refund of a 

11 charge’’ after ‘‘of a civil penalty’’; and 

12 (ii) by inserting ‘‘or the amount or13 dered to be refunded’’ after ‘‘amount as14 sessed’’. 

15 (b) CLERICAL AMENDMENTS.—The analysis for 

16 chapter 411 of title 46, United States Code, is amended— 

17 (1) by striking the item relating to section 

18 41107 and inserting the following: 

‘‘41107. Monetary penalties or refunds.’’; 

19 and 

20 (2) by striking the item relating to section 

21 41109 and inserting the following: 

‘‘41109. Assessment of penalties or refunds.’’. 


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1 SEC. 9. DATA COLLECTION. 

2 (a) IN GENERAL.—Chapter 411 of title 46, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘SEC. 41110. DATA COLLECTION. 

6 ‘‘(a) IN GENERAL.—Common carriers covered under 

7 this chapter shall submit to the Federal Maritime Com8 mission a calendar quarterly report that describes the 

9 total import and export tonnage and the total loaded and 

10 empty 20-foot equivalent units per vessel (making port in 

11 the United States, including any territory or possession 

12 of the United States) operated by such common carrier. 

13 ‘‘(b) PROHIBITION ON DUPLICATION.—Data required 

14 to be reported under subsection (a) may not duplicate in15 formation— 

16 ‘‘(1) submitted to the Corps of Engineers pur17 suant to section 11 of the Act entitled ‘An Act au18 thorizing the construction, repair, and preservation 

19 of certain public works on rivers and harbors, and 

20 for other purposes’, approved September 22, 1922 

21 (33 U.S.C. 555), by an ocean common carrier acting 

22 as a vessel operator; or 

23 ‘‘(2) submitted pursuant to section 481 of the 

24 Tariff Act of 1930 (19 U.S.C. 1481) to Customs 

25 and Border Protection by merchandise importers.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 411 of title 46, United States Code, is amended by 

3 adding at the end the following: 

‘‘41110. Data collection.’’. 

4 SEC. 10. CHARGE COMPLAINTS. 

5 (a) IN GENERAL.—Chapter 413 of title 46, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘§ 41310. Charge complaints 

9 ‘‘(a) IN GENERAL.—A person may submit to the 

10 Federal Maritime Commission, and the Commission shall 

11 accept, information concerning charges. The information 

12 submitted to the Commission may include the bill of lading 

13 numbers, certifications, or any other relevant information. 

14 ‘‘(b) INVESTIGATION.—Upon receipt of a submission 

15 under subsection (a), with respect to a charge assessed 

16 by a common carrier, the Commission shall promptly in17 vestigate the charge with regard to compliance with sec18 tion 41104(a). The common carrier shall— 

19 ‘‘(1) be provided an opportunity to submit addi20 tional information related to the charge in question; 

21 and 

22 ‘‘(2) bear the burden of establishing the reason23 ableness of any demurrage or detention charges 

24 which are the subject of any complaint proceeding 

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1 erator demurrage or detention charge pursuant to 

2 section 545.5 of title 46, Code of Federal regulations 

3 (or successor regulations). 

4 ‘‘(c) REFUND.—Upon receipt of submissions under 

5 subsection (a), if the Commission determines that a 

6 charge does not comply with section 41104(a), the Com7 mission shall promptly order the refund of any demurrage 

8 and detention charges paid. 

9 ‘‘(d) PENALTIES.—In the event of a finding that a 

10 charge does not comply with section 41104(a) after sub11 mission under subsection (a), a civil penalty under section 

12 41107 shall be applied to the common carrier making such 

13 charge.’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for chap15 ter 413 of title 46, United States Code, is amended by 

16 adding at the end the following: 

‘‘41310. Charge complaints.’’. 

17 SEC. 11. INVESTIGATIONS. 

18 (a) AMENDMENTS.—Section 41302 of title 46, 

19 United States Code, is amended— 

20 (1) in subsection (a), in the first sentence, by 

21 striking ‘‘or agreement’’ and inserting ‘‘agreement, 

22 fee, or charge’’; and 

23 (2) in subsection (b)— 


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1 (A) in the subsection heading, by striking 

2 ‘‘Agreement’’ and inserting ‘‘Agreement, 

3 fee, or charge’’; and 

4 (B) by inserting ‘‘, fee, or charge’’ after 

5 ‘‘agreement’’. 

6 (b) REPORT.—The Federal Maritime Commission 

7 shall publish on a publicly available website of the Com8 mission a report containing the results of the investigation 

9 entitled ‘‘Fact Finding No. 29, International Ocean 

10 Transportation Supply Chain Engagement’’. 

11 SEC. 12. AWARD OF ADDITIONAL AMOUNTS. 

12 Section 41305 of title 46, United States Code, is 

13 amended— 

14 (1) in subsection (c)— 

15 (A) by striking ‘‘section 41102(b),’’ 

16 through ‘‘or (3)’’ and inserting ‘‘subsection (b), 

17 (c), or (d) of section 41102, paragraph (3) or 

18 (6) of section 41104(a), or paragraph (1) or (3) 

19 of section 41105’’; and 

20 (B) by inserting ‘‘or if the Commission de21 termined that a violation of section 41104(a) of 

22 this title was made,’’ after ‘‘of this title’’; and 

23 (2) in subsection (d), by striking ‘‘section 

24 41104(4)(A) or (B)’’ and inserting ‘‘subparagraph 

25 (A) or (B) of section 41104(a)(4)’’. 


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1 SEC. 13. ENFORCEMENT OF REPARATION ORDERS. 

2 (a) IN GENERAL.—Section 41309 of title 46, United 

3 States Code, is amended— 

4 (1) in the section heading, by inserting ‘‘or re5 fund’’ after ‘‘reparation’’; 

6 (2) in subsection (a)— 

7 (A) by inserting ‘‘or refund of a charge’’ 

8 after ‘‘payment of reparation’’; and 

9 (B) by inserting ‘‘or to whom the refund of 

10 the charge was ordered’’ after ‘‘award was 

11 made’’; and 

12 (3) in subsection (b), by inserting ‘‘or refund of 

13 such a charge’’ after ‘‘award of reparation’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for chap15 ter 413 of title 46, United States Code, is amended by 

16 striking the item relating to section 41309 and inserting 

17 the following: 

‘‘41309. Enforcement of reparation or refund orders.’’. 

18 SEC. 14. ANNUAL REPORT TO CONGRESS. 

19 Section 46106(b) of title 46, United States Code, is 

20 amended— 

21 (1) in paragraph (5) by striking ‘‘and’’ at the 

22 end; 

23 (2) in paragraph (6), by striking the period and 

24 inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(7) an identification of any otherwise con2 cerning practices by ocean common carriers, particu3 larly such carriers that are controlled carriers, that 

4 are— 

5 ‘‘(A) State-owned or State-controlled enter6 prises; or 

7 ‘‘(B) owned or controlled by, a subsidiary 

8 of, or otherwise related legally or financially 

9 (other than a minority relationship or invest10 ment) to a corporation based in a country— 

11 ‘‘(i) identified as a nonmarket econ12 omy country (as defined in section 771(18) 

13 of the Tariff Act of 1930 (19 U.S.C. 

14 1677(18))) as of the date of enactment of 

15 this paragraph; 

16 ‘‘(ii) identified by the United States 

17 Trade Representative in the most recent 

18 report required by section 182 of the 

19 Trade Act of 1974 (19 U.S.C. 2242) as a 

20 priority foreign country under subsection 

21 (a)(2) of that section; or 

22 ‘‘(iii) subject to monitoring by the 

23 United States Trade Representative under 

24 section 306 of the Trade Act of 1974 (19 

25 U.S.C. 2416).’’. 


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1 SEC. 15. TECHNICAL AMENDMENTS. 

2 (a) ADDITIONAL PENALTIES.—Section 41108(a) of 

3 title 46, United States Code, is amended by striking ‘‘sec4 tion 41104(1), (2), or (7)’’ and inserting ‘‘paragraph (1), 

5 (2), or (7) of section 41104(a)’’. 

6 (b) ASSESSMENT OF PENALTIES.—Section 41109(c) 

7 of title 46, United States Code, is amended by striking 

8 ‘‘section 41104(1) or (2)’’ and inserting ‘‘paragraph (1) 

9 or (2) of section 41104(a)’’. 

10 SECTION 1. SHORT TITLE. 

11 This Act may be cited as the ‘‘Ocean Shipping Reform 

12 Act of 2022’’. 

13 SEC. 2. PURPOSES. 

14 Section 40101 of title 46, United States Code, is 

15 amended— 

16 (1) by striking paragraph (2) and inserting the 

17 following: 

18 ‘‘(2) ensure an efficient, competitive, and eco19 nomical transportation system in the ocean commerce 

20 of the United States;’’; 

21 (2) in paragraph (3), by inserting ‘‘and sup22 porting commerce’’ after ‘‘needs’’; and 

23 (3) by striking paragraph (4) and inserting the 

24 following: 

25 ‘‘(4) promote the growth and development of 

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1 cient system for the carriage of goods by water in the 

2 foreign commerce of the United States, and by plac3 ing a greater reliance on the marketplace.’’. 

4 SEC. 3. SERVICE CONTRACTS. 

5 Section 40502(c) of title 46, United States Code, is 

6 amended— 

7 (1) in paragraph (7), by striking ‘‘; and’’ and 

8 inserting a semicolon; 

9 (2) in paragraph (8), by striking the period and 

10 inserting ‘‘; and’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(9) any other essential terms that the Federal 

13 Maritime Commission determines necessary or appro14 priate through a rulemaking process.’’. 

15 SEC. 4. SHIPPING EXCHANGE REGISTRY. 

16 (a) IN GENERAL.—Chapter 405 of title 46, United 

17 States Code, is amended by adding at the end the following: 

18 ‘‘§ 40504. Shipping exchange registry 

19 ‘‘(a) IN GENERAL.—No person may operate a shipping 

20 exchange involving ocean transportation in the foreign com21 merce of the United States unless the shipping exchange is 

22 registered as a national shipping exchange under the terms 

23 and conditions provided in this section and the regulations 

24 issued pursuant to this section. 


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1 ‘‘(b) REGISTRATION.—A person shall register a ship2 ping exchange by filing with the Federal Maritime Commis3 sion an application for registration in such form as the 

4 Commission, by rule, may prescribe, containing the rules 

5 of the exchange and such other information and documents 

6 as the Commission, by rule, may prescribe as necessary or 

7 appropriate to complete a shipping exchange’s registration. 

8 ‘‘(c) EXEMPTION.—The Commission may exempt, con9 ditionally or unconditionally, a shipping exchange from 

10 registration under this section if the Commission finds that 

11 the shipping exchange is subject to comparable, comprehen12 sive supervision and regulation by the appropriate govern13 mental authorities in a foreign country where the shipping 

14 exchange is headquartered. 

15 ‘‘(d) REGULATIONS.—Not later than 3 years after the 

16 date of enactment of the Ocean Shipping Reform Act of 

17 2022, the Commission shall issue regulations pursuant to 

18 subsection (a), which shall set standards necessary to carry 

19 out subtitle IV of this title for registered national shipping 

20 exchanges, including the minimum requirements for service 

21 contracts established under section 40502 of this title. 

22 ‘‘(e) DEFINITION OF SHIPPING EXCHANGE.—In this 

23 section, the term ‘shipping exchange’ means a platform 

24 (digital, over-the-counter, or otherwise) that connects ship25 pers with common carriers for the purpose of entering into 


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1 underlying agreements or contracts for the transport of 

2 cargo, by vessel or other modes of transportation.’’. 

3 (b) APPLICABILITY.—The registration requirement 

4 under section 40504 of title 46, United States Code (as 

5 added by subsection (a)), shall take effect on the date on 

6 which the Federal Maritime Commission states the rule is 

7 effective in the regulations issued under such section. 

8 (c) CLERICAL AMENDMENT.—The analysis for chapter 

9 405 of title 46, United States Code, is amended by adding 

10 at the end the following: 

‘‘40504. Shipping exchange registry.’’. 

11 SEC. 5. PROHIBITION ON RETALIATION. 

12 Section 41102 of title 46, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘(d) RETALIATION AND OTHER DISCRIMINATORY AC15 TIONS.—A common carrier, marine terminal operator, or 

16 ocean transportation intermediary, acting alone or in con17 junction with any other person, directly or indirectly, may 

18 not— 

19 ‘‘(1) retaliate against a shipper, an agent of a 

20 shipper, an ocean transportation intermediary, or a 

21 motor carrier by refusing, or threatening to refuse, an 

22 otherwise-available cargo space accommodation; or 

23 ‘‘(2) resort to any other unfair or unjustly dis24 criminatory action for— 


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1 ‘‘(A) the reason that a shipper, an agent of 

2 a shipper, an ocean transportation intermediary, 

3 or motor carrier has— 

4 ‘‘(i) patronized another carrier; or 

5 ‘‘(ii) filed a complaint against the 

6 common carrier, marine terminal operator, 

7 or ocean transportation intermediary; or 

8 ‘‘(B) any other reason.’’. 

9 SEC. 6. PUBLIC DISCLOSURE. 

10 Section 46106 of title 46, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(d) PUBLIC DISCLOSURES.—The Federal Maritime 

13 Commission shall publish, and annually update, on the 

14 website of the Commission— 

15 ‘‘(1) all findings by the Commission of false de16 tention and demurrage invoice information by com17 mon carriers under section 41104(a)(15) of this title; 

18 and 

19 ‘‘(2) all penalties imposed or assessed against 

20 common carriers, as applicable, under sections 41107, 

21 41108, and 41109, listed by each common carrier.’’. 

22 SEC. 7. COMMON CARRIERS. 

23 (a) IN GENERAL.—Section 41104 of title 46, United 

24 States Code, is amended— 

25 (1) in subsection (a)— 


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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘may not’’ and inserting ‘‘shall not’’; 

3 (B) by striking paragraph (3) and inserting 

4 the following: 

5 ‘‘(3) unreasonably refuse cargo space accom6 modations when available, or resort to other unfair or 

7 unjustly discriminatory methods;’’; 

8 (C) in paragraph (5), by striking‘‘ in the 

9 matter of rates or charges’’ and inserting 

10 ‘‘against any commodity group or type of ship11 ment or in the matter of rates or charges’’; 

12 (D) in paragraph (10), by adding ‘‘, in13 cluding with respect to vessel space accommoda14 tions provided by an ocean common carrier’’ 

15 after ‘‘negotiate’’; 

16 (E) in paragraph (12) by striking ‘‘; or’’ 

17 and inserting a semicolon; 

18 (F) in paragraph (13) by striking the pe19 riod and inserting a semicolon; and 

20 (G) by adding at the end the following: 

21 ‘‘(14) assess any party for a charge that is in22 consistent or does not comply with all applicable pro23 visions and regulations, including subsection (c) of 

24 section 41102 or part 545 of title 46, Code of Federal 

25 Regulations (or successor regulations); 


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1 ‘‘(15) invoice any party for demurrage or deten2 tion charges unless the invoice includes information 

3 as described in subsection (d) showing that such 

4 charges comply with— 

5 ‘‘(A) all provisions of part 545 of title 46, 

6 Code of Federal Regulations (or successor regula7 tions); and 

8 ‘‘(B) applicable provisions and regulations, 

9 including the principles of the final rule pub10 lished on May 18, 2020, entitled ‘Interpretive 

11 Rule on Demurrage and Detention Under the 

12 Shipping Act’ (or successor rule); or 

13 ‘‘(16) for service pursuant to a service contract, 

14 give any undue or unreasonable preference or advan15 tage or impose any undue or unreasonable prejudice 

16 or disadvantage against any commodity group or 

17 type of shipment.’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(d) DETENTION AND DEMURRAGE INVOICE INFORMA20 TION.— 

21 ‘‘(1) INACCURATE INVOICE.—If the Commission 

22 determines, after an investigation in response to a 

23 submission under section 41310, that an invoice 

24 under subsection (a)(15) was inaccurate or false, pen25 alties or refunds under section 41107 shall be applied. 


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1 ‘‘(2) CONTENTS OF INVOICE.—An invoice under 

2 subsection (a)(15), unless otherwise determined by 

3 subsequent Commission rulemaking, shall include ac4 curate information on each of the following, as well 

5 as minimum information as determined by the Com6 mission: 

7 ‘‘(A) Date that container is made available. 

8 ‘‘(B) The port of discharge. 

9 ‘‘(C) The container number or numbers. 

10 ‘‘(D) For exported shipments, the earliest 

11 return date. 

12 ‘‘(E) The allowed free time in days. 

13 ‘‘(F) The start date of free time. 

14 ‘‘(G) The end date of free time. 

15 ‘‘(H) The applicable detention or demurrage 

16 rule on which the daily rate is based. 

17 ‘‘(I) The applicable rate or rates per the ap18 plicable rule. 

19 ‘‘(J) The total amount due. 

20 ‘‘(K) The email, telephone number, or other 

21 appropriate contact information for questions or 

22 requests for mitigation of fees. 

23 ‘‘(L) A statement that the charges are con24 sistent with any of Federal Maritime CommisVerDate Sep 11 2014 22:04 Mar 24, 2022 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\S3580.RS S3580

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1 sion rules with respect to detention and demur2 rage. 

3 ‘‘(M) A statement that the common carrier’s 

4 performance did not cause or contribute to the 

5 underlying invoiced charges. 

6 ‘‘(e) SAFE HARBOR.—If a non-vessel operating com7 mon carrier passes through to the relevant shipper an in8 voice made by the ocean common carrier, and the Commis9 sion finds that the non-vessel operating common carrier is 

10 not otherwise responsible for the charge, then the ocean com11 mon carrier shall be subject to refunds or penalties pursu12 ant to subsection (d)(1). 

13 ‘‘(f) ELIMINATION OF CHARGE OBLIGATION.—Failure 

14 to include the information required under subsection (d) on 

15 an invoice with any demurrage or detention charge shall 

16 eliminate any obligation of the charged party to pay the 

17 applicable charge.’’. 

18 (b) RULEMAKING ON DEMURRAGE OR DETENTION.— 

19 (1) IN GENERAL.—Not later than 45 days after 

20 the date of enactment of this Act, the Federal Mari21 time Commission shall initiate a rulemaking further 

22 defining prohibited practices by common carriers, 

23 marine terminal operators, shippers, and ocean trans24 portation intermediaries under section 41102(c) of 

25 title 46, United States Code, regarding the assessment 


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1 of demurrage or detention charges. The Federal Mari2 time Commission shall issue a final rule defining 

3 such practices not later than 1 year after the date of 

4 enactment of this Act. 

5 (2) CONTENTS.—The rule under paragraph (1) 

6 shall seek to further clarify reasonable rules and prac7 tices related to the assessment of detention and de8 murrage charges to address the issues identified in the 

9 final rule published on May 18, 2020, entitled ‘‘Inter10 pretive Rule on Demurrage and Detention Under the 

11 Shipping Act’’ (or successor rule), including a deter12 mination of which parties may be appropriately 

13 billed for any demurrage, detention, or other similar 

14 per container charges. 

15 (c) RULEMAKING ON UNFAIR OR UNJUSTLY DISCRIMI16 NATORY METHODS.—Not later than 60 days after the date 

17 of enactment of this Act, the Federal Maritime Commission 

18 shall initiate a rulemaking defining unfair or unjustly dis19 criminatory methods under section 41104(a)(3) of title 46, 

20 United States Code, as amended by this section. The Fed21 eral Maritime Commission shall issue a final rule not later 

22 than 1 year after the date of enactment of this Act. 

23 (d) RULEMAKING ON UNREASONABLE REFUSAL TO

24 DEAL OR NEGOTIATE WITH RESPECT TO VESSEL SPACE

25 ACCOMMODATIONS.—Not later than 30 days after the date 


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1 of enactment of this Act, the Federal Maritime Commission, 

2 in consultation with the Commandant of the United States 

3 Coast Guard, shall initiate a rulemaking defining unrea4 sonable refusal to deal or negotiate with respect to vessel 

5 space under section 41104(a)(10) of title 46, as amended 

6 by this section. The Federal Maritime Commission shall 

7 issue a final rule not later than 6 months after the date 

8 of enactment of this Act. 

9 SEC. 8. ASSESSMENT OF PENALTIES OR REFUNDS. 

10 (a) IN GENERAL.—Title 46, United States Code, is 

11 amended— 

12 (1) in section 41107— 

13 (A) in the section heading, by inserting ‘‘or 

14 refunds’’ after ‘‘penalties’’; 

15 (B) in subsection (a), by inserting ‘‘or, in 

16 addition to or in lieu of a civil penalty, is liable 

17 for the refund of a charge’’ after ‘‘civil penalty’’; 

18 and 

19 (C) in subsection (b), by inserting ‘‘or, in 

20 addition to or in lieu of a civil penalty, the re21 fund of a charge,’’ after ‘‘civil penalty’’; and 

22 (2) section 41109 is amended— 

23 (A) by striking subsections (a) and (b) and 

24 inserting the following: 


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1 ‘‘(a) GENERAL AUTHORITY.—Until a matter is re2 ferred to the Attorney General, the Federal Maritime Com3 mission may— 

4 ‘‘(1) after notice and opportunity for a hearing, 

5 in accordance with this part— 

6 ‘‘(A) assess a civil penalty; or 

7 ‘‘(B) in addition to, or in lieu of, assessing 

8 a civil penalty under subparagraph (A), order a 

9 refund of money (including additional amounts 

10 in accordance with section 41305(c)), subject to 

11 subsection (b)(2); and 

12 ‘‘(2) compromise, modify, or remit, with or with13 out conditions, a civil penalty or refund imposed 

14 under paragraph (1). 

15 ‘‘(b) DETERMINATION OF AMOUNT.— 

16 ‘‘(1) FACTORS FOR CONSIDERATION.—In deter17 mining the amount of a civil penalty assessed or re18 fund of money ordered pursuant to subsection (a), the 

19 Federal Maritime Commission shall take into consid20 eration— 

21 ‘‘(A) the nature, circumstances, extent, and 

22 gravity of the violation committed; 

23 ‘‘(B) with respect to the violator— 

24 ‘‘(i) the degree of culpability; 

25 ‘‘(ii) any history of prior offenses; 


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1 ‘‘(iii) the ability to pay; and 

2 ‘‘(iv) such other matters as justice may 

3 require; and 

4 ‘‘(C) the amount of any refund of money or5 dered pursuant to subsection (a)(1)(B). 

6 ‘‘(2) COMMENSURATE REDUCTION IN CIVIL PEN7 ALTY.— 

8 ‘‘(A) IN GENERAL.—In any case in which 

9 the Federal Maritime Commission orders a re10 fund of money pursuant to subsection (a)(1)(B) 

11 in addition to assessing a civil penalty pursuant 

12 to subsection (a)(1)(A), the amount of the civil 

13 penalty assessed shall be decreased by any addi14 tional amounts included in the refund of money 

15 in excess of the actual injury (as defined in sec16 tion 41305(a)). 

17 ‘‘(B) TREATMENT OF REFUNDS.—A refund 

18 of money ordered pursuant to subsection 

19 (a)(1)(B) shall be— 

20 ‘‘(i) considered to be compensation 

21 paid to the applicable claimant; and 

22 ‘‘(ii) deducted from the total amount of 

23 damages awarded to that claimant in a 

24 civil action against the violator relating to 

25 the applicable violation.’’; 


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1 (B) in subsection (c), by striking ‘‘may not 

2 be imposed’’ and inserting ‘‘or refund of money 

3 under subparagraph (A) or (B), respectively, of 

4 subsection (a)(1) may not be imposed’’; 

5 (C) in subsection (e), by inserting ‘‘or order 

6 a refund of money’’ after ‘‘penalty’’; 

7 (D) in subsection (f), by inserting ‘‘, or that 

8 is ordered to refund money,’’ after ‘‘assessed’’; 

9 and 

10 (E) in subsection (g), in the first sentence, 

11 by inserting ‘‘or a refund required under this 

12 section’’ after ‘‘penalty’’. 

13 SEC. 9. DATA COLLECTION. 

14 (a) IN GENERAL.—Chapter 411 of title 46, United 

15 States Code, is amended by adding at the end the following: 

16 ‘‘§ 41110. Data collection 

17 ‘‘The Federal Maritime Commission shall publish on 

18 its website a calendar quarterly report that describes the 

19 total import and export tonnage and the total loaded and 

20 empty 20-foot equivalent units per vessel (making port in 

21 the United States, including any territory or possession of 

22 the United States) operated by each ocean common carrier 

23 covered under this chapter. Ocean common carriers under 

24 this chapter shall provide to the Commission all necessary 


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1 information, as determined by the Commission, for comple2 tion of this report.’’. 

3 (b) RULE OF CONSTRUCTION.—Nothing in this section, 

4 and the amendment made by this section, shall be construed 

5 to compel the public disclosure of any confidential or pro6 prietary data, in accordance with section 552(b)(4) of title 

7 5, United States Code. 

8 (c) CLERICAL AMENDMENT.—The analysis for chapter 

9 411 of title 46, United States Code, is amended by adding 

10 at the end the following: 

‘‘41110. Data collection.’’. 

11 SEC. 10. CHARGE COMPLAINTS. 

12 (a) IN GENERAL.—Chapter 413 of title 46, United 

13 States Code, is amended by adding at the end the following: 

14 ‘‘§ 41310. Charge complaints 

15 ‘‘(a) IN GENERAL.—A person may submit to the Fed16 eral Maritime Commission, and the Commission shall ac17 cept, information concerning complaints about charges as18 sessed by a common carrier. The information submitted to 

19 the Commission may include the bill of lading numbers, 

20 invoices, or any other relevant information. 

21 ‘‘(b) INVESTIGATION.—Upon receipt of a submission 

22 under subsection (a), with respect to a charge assessed by 

23 a common carrier, the Commission shall promptly inves24 tigate the charge with regard to compliance with section 

25 41104(a) and section 41102. The common carrier shall— 


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1 ‘‘(1) be provided an opportunity to submit addi2 tional information related to the charge in question; 

3 and 

4 ‘‘(2) bear the burden of establishing the reason5 ableness of any demurrage or detention charges pur6 suant to section 545.5 of title 46, Code of Federal 

7 Regulations (or successor regulations). 

8 ‘‘(c) REFUND.—Upon receipt of submissions under 

9 subsection (a), if the Commission determines that a charge 

10 does not comply with section 41104(a) or 41102, the Com11 mission shall promptly order the refund of charges paid. 

12 ‘‘(d) PENALTIES.—In the event of a finding that a 

13 charge does not comply with section 41104(a) or 41102 after 

14 submission under subsection (a), a civil penalty under sec15 tion 41107 shall be applied to the common carrier making 

16 such charge. 

17 ‘‘(e) CONSIDERATIONS.—If the common carrier assess18 ing the charge is acting in the capacity of a non-vessel19 operating common carrier, the Commission shall, while con20 ducting an investigation under subsection (b), consider— 

21 ‘‘(1) whether the non-vessel-operating common 

22 carrier is responsible for the noncompliant assessment 

23 of the charge, in whole or in part; and 


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1 ‘‘(2) whether another party is ultimately respon2 sible in whole or in part and potentially subject to ac3 tion under subsections (c) and (d).’’. 

4 (b) CLERICAL AMENDMENT.—The analysis for chapter 

5 413 of title 46, United States Code, is amended by adding 

6 at the end the following: 

‘‘41310. Charge complaints.’’. 

7 SEC. 11. INVESTIGATIONS. 

8 (a) AMENDMENTS.—Section 41302 of title 46, United 

9 States Code, is amended— 

10 (1) in subsection (a), in the first sentence, by 

11 striking ‘‘or agreement’’ and inserting ‘‘agreement, 

12 fee, or charge’’; and 

13 (2) in subsection (b)— 

14 (A) in the subsection heading, by striking 

15 ‘‘Agreement’’ and inserting ‘‘Agreement, 

16 fee, or charge’’; and 

17 (B) by inserting ‘‘, fee, or charge’’ after 

18 ‘‘agreement’’. 

19 (b) REPORT.—The Federal Maritime Commission 

20 shall publish on a publicly available website of the Commis21 sion a report containing the results of the investigation en22 titled ‘‘Fact Finding No. 29, International Ocean Trans23 portation Supply Chain Engagement’’. 


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1 SEC. 12. AWARD OF ADDITIONAL AMOUNTS. 

2 Section 41305(c) of title 46, United States Code is 

3 amended by striking ‘‘41102(b)’’ and inserting ‘‘subsection 

4 (b) or (c) of section 41102’’. 

5 SEC. 13. ENFORCEMENT OF REPARATION ORDERS. 

6 Section 41309 of title 46, United States Code, is 

7 amended— 

8 (1) in subsection (a), by striking ‘‘reparation, 

9 the person to whom the award was made’’ and insert10 ing ‘‘a refund of money or reparation, the person to 

11 which the refund or reparation was awarded’’; and 

12 (2) in subsection (b), in the first sentence— 

13 (A) by striking ‘‘made an award of repara14 tion’’ and inserting ‘‘ordered a refund of money 

15 or any other award of reparation’’; and 

16 (B) by inserting ‘‘(except for the Commis17 sion or any component of the Commission)’’ 

18 after ‘‘parties in the order’’. 

19 SEC. 14. ANNUAL REPORT TO CONGRESS. 

20 Section 46106(b) of title 46, United States Code, is 

21 amended— 

22 (1) in paragraph (5), by striking ‘‘and’’ at the 

23 end; 

24 (2) in paragraph (6), by striking the period and 

25 inserting ‘‘; and’’; and 

26 (3) by adding at the end the following: 


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1 ‘‘(7) an identification of any otherwise con2 cerning practices by ocean common carriers, particu3 larly such carriers that are controlled carriers, that 

4 are— 

5 ‘‘(A) State-owned or State-controlled enter6 prises; or 

7 ‘‘(B) owned or controlled by, a subsidiary 

8 of, or otherwise related legally or financially 

9 (other than a minority relationship or invest10 ment) to a corporation based in a country— 

11 ‘‘(i) identified as a nonmarket econ12 omy country (as defined in section 771(18) 

13 of the Tariff Act of 1930 (19 U.S.C. 

14 1677(18))) as of the date of enactment of 

15 this paragraph; 

16 ‘‘(ii) identified by the United States 

17 Trade Representative in the most recent re18 port required by section 182 of the Trade 

19 Act of 1974 (19 U.S.C. 2242) as a priority 

20 foreign country under subsection (a)(2) of 

21 that section; or 

22 ‘‘(iii) subject to monitoring by the 

23 United States Trade Representative under 

24 section 306 of the Trade Act of 1974 (19 

25 U.S.C. 2416).’’. 


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1 SEC. 15. TECHNICAL AMENDMENTS. 

2 (a) Section 41108(a) of title 46, United States Code, 

3 is amended by striking ‘‘section 41104(1), (2), or (7)’’ and 

4 inserting ‘‘paragraph (1), (2), or (7) of section 41104(a)’’. 

5 (b) Section 41109(c) of title 46, United States Code, 

6 as amended by section 8 of this Act, is further amended 

7 by striking ‘‘section 41102(a) or 41104(1) or (2) of this 

8 title’’ and inserting ‘‘subsection (a) or (d) of section 41102 

9 or paragraph (1) or (2) of section 41104(a)’’. 

10 (c) Section 41305 of title 46, United States Code, as 

11 amended by section 12 of this Act, is further amended— 

12 (1) in subsection (c), by striking ‘‘41104(3) or 

13 (6), or 41105(1) or (3) of this title’’ and inserting 

14 ‘‘paragraph (3) or (6) of section 41104(a), or para15 graph (1) or (3) of section 41105’’; and 

16 (2) in subsection (d), by striking ‘‘section 

17 41104(4)(A) or (B) of this title’’ and inserting ‘‘sub18 paragraph (A) or (B) of section 41104(a)(4)’’. 

19 SEC. 16. DWELL TIME STATISTICS. 

20 (a) DEFINITIONS.—In this section: 

21 (1) DIRECTOR.—The term ‘‘Director’’ means the 

22 Director of the Bureau of Transportation Statistics. 

23 (2) MARINE CONTAINER.—The term ‘‘marine 

24 container’’ means an intermodal container with a 

25 length of— 

26 (A) not less than 20 feet; and 


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1 (B) not greater than 45 feet. 

2 (3) OUT OF SERVICE PERCENTAGE.—The term 

3 ‘‘out of service percentage’’ means the proportion of 

4 the chassis fleet for any defined geographical area 

5 that is out of service at any one time. 

6 (4) STREET DWELL TIME.—The term ‘‘street 

7 dwell time’’, with respect to a piece of equipment, 

8 means the quantity of time during which the piece of 

9 equipment is in use outside of the terminal. 

10 (b) AUTHORITY TO COLLECT DATA.— 

11 (1) IN GENERAL.—Each port, marine terminal 

12 operator, and chassis owner or provider with a fleet 

13 of over 50 chassis that supply chassis for a fee shall 

14 submit to the Director such data as the Director de15 termines to be necessary for the implementation of 

16 this section, subject to subchapter III of chapter 35 of 

17 title 44, United States Code. 

18 (2) APPROVAL BY OMB.—Subject to the avail19 ability of appropriations, not later than 60 days after 

20 the date of enactment of this Act, the Director of the 

21 Office of Management and Budget shall approve an 

22 information collection for purposes of this section. 

23 (c) PUBLICATION.—Subject to the availability of ap24 propriations, not later than 240 days after the date of en25 actment of this Act, and not less frequently than monthly 


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1 thereafter, the Director shall publish statistics relating to 

2 the dwell time of equipment used in intermodal transpor3 tation at the top 25 ports, including inland ports, by 20- 

4 foot equivalent unit, including— 

5 (1) total street dwell time, from all causes, of 

6 marine containers and marine container chassis; and 

7 (2) the average out of service percentage, which 

8 shall not be identifiable with any particular port, 

9 marine terminal operator, or chassis provider. 

10 (d) FACTORS.—Subject to the availability of appro11 priations, to the maximum extent practicable, the Director 

12 shall publish the statistics described in subsection (c) on a 

13 local, regional, and national basis. 

14 (e) SUNSET.—The authority under this section shall 

15 expire December 31, 2026. 

16 SEC. 17. FEDERAL MARITIME COMMISSION ACTIVITIES. 

17 (a) PUBLIC SUBMISSIONS TO COMMISSION.—The Fed18 eral Maritime Commission shall— 

19 (1) establish on the public website of the Com20 mission a webpage that allows for the submission of 

21 comments, complaints, concerns, reports of non22 compliance, requests for investigation, and requests 

23 for alternative dispute resolution; and 


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1 (2) direct each submission under the link estab2 lished under paragraph (1) to the appropriate compo3 nent office of the Commission. 

4 (b) AUTHORIZATION OF OFFICE OF CONSUMER AF5 FAIRS AND DISPUTE RESOLUTION SERVICES.—The Com6 mission shall maintain an Office of Consumer Affairs and 

7 Dispute Resolution Services to provide nonadjudicative 

8 ombuds assistance, mediation, facilitation, and arbitration 

9 to resolve challenges and disputes involving cargo ship10 ments, household good shipments, and cruises subject to the 

11 jurisdiction of the Commission. 

12 (c) ENHANCING CAPACITY FOR INVESTIGATIONS.— 

13 (1) IN GENERAL.—Pursuant to section 41302 of 

14 title 46, United States Code, not later than 18 months 

15 after the date of enactment of this Act, the Chair16 person of the Commission shall staff within the Bu17 reau of Enforcement, the Bureau of Certification and 

18 Licensing, the Office of the Managing Director, the 

19 Office of Consumer Affairs and Dispute Resolution 

20 Services, and the Bureau of Trade Analysis not fewer 

21 than 7 total positions to assist in investigations and 

22 oversight, in addition to the positions within the Bu23 reau of Enforcement, the Bureau of Certification and 

24 Licensing, the Office of the Managing Director, the 

25 Office of Consumer Affairs and Dispute Resolution 


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1 Services, and the Bureau of Trade Analysis on that 

2 date of enactment. 

3 (2) DUTIES.—The additional staff appointed 

4 under paragraph (1) shall provide support— 

5 (A) to Area Representatives of the Bureau 

6 of Enforcement; 

7 (B) to attorneys of the Bureau of Enforce8 ment in enforcing the laws and regulations sub9 ject to the jurisdiction of the Commission; 

10 (C) for the alternative dispute resolution 

11 services of the Commission; or 

12 (D) for the review of agreements and activi13 ties subject to the authority of the Commission. 

14 SEC. 18. TEMPORARY EMERGENCY AUTHORITY. 

15 (a) DEFINITIONS.—In this section: 

16 (1) COMMON CARRIER.—The term ‘‘common car17 rier’’ has the meaning given the term in section 40102 

18 of title 46, United States Code. 

19 (2) MOTOR CARRIER.—The term ‘‘motor carrier’’ 

20 has the meaning given the term in section 13102 of 

21 title 49, United States Code. 

22 (3) RAIL CARRIER.—The term ‘‘rail carrier’’ has 

23 the meaning given the term in section 10102 of title 

24 49, United States Code. 


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1 (4) SHIPPER.—The term ‘‘shipper’’ has the 

2 meaning given the term in section 40102 of title 46, 

3 United States Code. 

4 (b) PUBLIC INPUT ON INFORMATION SHARING.— 

5 (1) IN GENERAL.—Not later than 60 days after 

6 the date of enactment of this Act, the Federal Mari7 time Commission shall issue a request for informa8 tion, seeking public comment regarding— 

9 (A) whether congestion of the carriage of 

10 goods has created an emergency situation of a 

11 magnitude such that there exists a substantial, 

12 adverse effect on the competitiveness and reli13 ability of the international ocean transportation 

14 supply system; 

15 (B) whether an emergency order under this 

16 section would alleviate such an emergency situa17 tion; and 

18 (C) the appropriate scope of such an emer19 gency order, if applicable. 

20 (2) CONSULTATION.—During the public comment 

21 period under paragraph (1), the Commission may 

22 consult, as the Commission determines to be appro23 priate, with— 

24 (A) other Federal departments and agencies; 

25 and 


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1 (B) persons with expertise relating to mari2 time and freight operations. 

3 (c) AUTHORITY TO REQUIRE INFORMATION SHAR4 ING.—On making a unanimous determination described in 

5 subsection (d), the Commission may issue an emergency 

6 order requiring any common carrier or marine terminal 

7 operator to share directly with relevant shippers, rail car8 riers, or motor carriers information relating to cargo 

9 throughput and availability, in order to ensure the efficient 

10 transportation, loading, and unloading of cargo to or 

11 from— 

12 (1) any inland destination or point of origin; 

13 (2) any vessel; or 

14 (3) any point on a wharf or terminal. 

15 (d) DESCRIPTION OF DETERMINATION.— 

16 (1) IN GENERAL.—A determination referred to 

17 in subsection (c) is a unanimous determination by 

18 the commissioners on the Commission that congestion 

19 of carriage of goods has created an emergency situa20 tion of a magnitude such that there exists a substan21 tial, adverse effect on the competitiveness and reli22 ability of the international ocean transportation sup23 ply system. 

24 (2) FACTORS FOR CONSIDERATION.—In issuing 

25 an emergency order pursuant to subsection (c), the 


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1 Commission shall tailor the emergency order with re2 spect to temporal and geographic scope, taking into 

3 consideration the likely burdens on common carriers 

4 and marine terminal operators and the likely benefits 

5 on congestion relating to the purposes described in 

6 section 40101 of title 46, United States Code. 

7 (e) PETITIONS FOR EXCEPTION.— 

8 (1) IN GENERAL.—A common carrier or marine 

9 terminal operator subject to an emergency order 

10 issued pursuant to this section may submit to the 

11 Commission a petition for exception from 1 or more 

12 requirements of the emergency order, based on a show13 ing of undue hardship or other condition rendering 

14 compliance with such a requirement impracticable. 

15 (2) DETERMINATION.—The Commission shall 

16 make a determination regarding a petition for excep17 tion under paragraph (1) by— 

18 (A) majority vote; and 

19 (B) not later than 21 days after the date on 

20 which the petition is submitted. 

21 (3) INAPPLICABILITY PENDING REVIEW.—The re22 quirements of an emergency order that is the subject 

23 of a petition for exception under this subsection shall 

24 not apply to the petitioner during the period for 

25 which the petition is pending. 


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1 (f) LIMITATIONS.— 

2 (1) TERM.—An emergency order issued pursuant 

3 to this section— 

4 (A) shall remain in effect for a period of not 

5 longer than 60 days; but 

6 (B) may be renewed by a unanimous deter7 mination of the Commission. 

8 (2) SUNSET.—The authority provided by this 

9 section shall terminate on the date that is 18 months 

10 after the date of enactment of this Act. 

11 (3) INVESTIGATIVE AUTHORITY UNAFFECTED.— 

12 Nothing in this section shall affect the investigative 

13 authorities of the Commission as described in subpart 

14 R of part 502 of title 46, Code of Federal Regulations. 

15 SEC. 19. BEST PRACTICES FOR CHASSIS POOLS. 

16 (a) IN GENERAL.—Not later than April 1, 2023, the 

17 Federal Maritime Commission shall enter into an agree18 ment with the Transportation Research Board of the Na19 tional Academies of Sciences, Engineering, and Medicine 

20 under which the Transportation Research Board shall carry 

21 out a study and develop best practices for on-terminal or 

22 near-terminal chassis pools that provide service to marine 

23 terminal operators, motor carriers, railroads, and other 

24 stakeholders that use the chassis pools, with the goal of opti25 mizing supply chain efficiency and effectiveness. 


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1 (b) REQUIREMENTS.—In developing best practices 

2 under subsection (a), the Transportation Research Board 

3 shall— 

4 (1) take into consideration— 

5 (A) practical obstacles to the implementa6 tion of chassis pools; and 

7 (B) potential solutions to those obstacles; 

8 and 

9 (2) address relevant communication practices, 

10 information sharing, and knowledge management. 

11 (c) PUBLICATION.—The Commission shall publish the 

12 best practices developed under this section on a publicly 

13 available website by not later than April 1, 2024. 

14 (d) FUNDING.—Subject to appropriations, the Com15 mission may expend such sums as are necessary, but not 

16 to exceed $500,000, to carry out this section. 

17 SEC. 20. LICENSING TESTING. 

18 (a) IN GENERAL.—Not later than 90 days after the 

19 date of enactment of this Act, the Administrator of the Fed20 eral Motor Carrier Safety Administration (referred to in 

21 this section as the ‘‘Administrator’’) shall conduct a review 

22 of the discretionary waiver authority described in the docu23 ment issued by the Administrator entitled ‘‘Waiver for 

24 States Concerning Third Party CDL Skills Test Examiners 


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1 In Response to the COVID–19 Emergency’’ and dated Au2 gust 31, 2021, for safety concerns. 

3 (b) PERMANENT WAIVER.—If the Administrator finds 

4 no safety concerns after conducting a review under sub5 section (a), the Administrator shall— 

6 (1) notwithstanding any other provision of law, 

7 make the waiver permanent; and 

8 (2) not later than 90 days after completing the 

9 review under subsection (a), revise section 384.228 of 

10 title 49, Code of Federal Regulations, to provide that 

11 the discretionary waiver authority referred to in sub12 section (a) shall be permanent. 

13 (c) REPORT.—If the Administrator declines to move 

14 forward with a rulemaking for revision under subsection 

15 (b), the Administrator shall explain the reasons for declin16 ing to move forward with the rulemaking in a report to 

17 the Committee on Commerce, Science, and Transportation 

18 of the Senate and the Committee on Transportation and 

19 Infrastructure of the House of Representatives. 

20 SEC. 21. PLANNING. 

21 Section 6702(g) of title 49, United States Code, is 

22 amended— 

23 (1) by striking ‘‘Of the amounts’’ and inserting 

24 the following: 

25 ‘‘(1) IN GENERAL.—Of the amounts’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(2) NONAPPLICABILITY OF CERTAIN LIMITA3 TIONS.—Subparagraphs (A) and (B) of subsection 

4 (c)(2) shall not apply with respect to amounts made 

5 available for planning, preparation, or design under 

6 paragraph (1).’’. 

7 SEC. 22. REVIEW OF POTENTIAL DISCRIMINATION AGAINST 

8 TRANSPORTATION OF QUALIFIED HAZ9 ARDOUS MATERIALS. 

10 (a) IN GENERAL.—Not later than 90 days after the 

11 date of enactment of this Act, the Comptroller General of 

12 the United States shall initiate a review of whether there 

13 have been any systemic decisions by ocean common carriers 

14 to discriminate against maritime transport of qualified 

15 hazardous materials by unreasonably denying vessel space 

16 accommodations, equipment, or other instrumentalities 

17 needed to transport such materials. The Comptroller Gen18 eral shall take into account any applicable safety and pollu19 tion regulations. 

20 (b) CONSULTATION.—The Comptroller General of the 

21 United States may consult with the Commandant of the 

22 Coast Guard and the Chair of the Federal Maritime Com23 mission in conducting the review under this section. 

24 (c) DEFINITIONS.—In this section: 


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1 (1) HAZARDOUS MATERIALS.—The term ‘‘haz2 ardous materials’’ includes dangerous goods, as de3 fined by the International Maritime Dangerous Goods 

4 Code. 

5 (2) OCEAN COMMON CARRIER.—The term ‘‘ocean 

6 common carrier’’ has the meaning given such term in 

7 section 40102 of title 46, United States Code. 

8 (3) QUALIFIED HAZARDOUS MATERIALS.—The 

9 term ‘‘qualified hazardous materials’’ means haz10 ardous materials for which the shipper has certified 

11 to the ocean common carrier that such materials have 

12 been or will be tendered in accordance with applicable 

13 safety laws, including regulations. 

14 (4) SHIPPER.—The term ‘‘shipper’’ has the 

15 meaning given such term in section 40102 of title 46, 

16 United States Code. 

17 SEC. 23. TRANSPORTATION WORKER IDENTIFICATION CRE18 DENTIALS. 

19 (a) DEFINITION OF DIRECT ASSISTANCE TO A UNITED

20 STATES PORT.—In this section: 

21 (1) IN GENERAL.—The term ‘‘direct assistance to 

22 a United States port’’ means the transportation of 

23 cargo directly to or from a United States port. 

24 (2) EXCLUSIONS.—The term ‘‘direct assistance to 

25 a United States port’’ does not include— 


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1 (A) the transportation of a mixed load of 

2 cargo that includes— 

3 (i) cargo that does not originate from 

4 a United States port; or 

5 (ii) a container or cargo that is not 

6 bound for a United States port; 

7 (B) any period during which a motor car8 rier or driver is operating in interstate com9 merce to transport cargo or provide services not 

10 in support of transportation to or from a United 

11 States port; or 

12 (C) the period after a motor carrier dis13 patches the applicable driver or commercial 

14 motor vehicle of the motor carrier to another lo15 cation to begin operation in interstate commerce 

16 in a manner that is not in support of transpor17 tation to or from a United States port. 

18 (b) TRANSPORTATION WORKER IDENTIFICATION CRE19 DENTIALS.—The Administrator of the Transportation Secu20 rity Administration and the Commandant of the Coast 

21 Guard shall jointly prioritize and expedite the consider22 ation of applications for a Transportation Worker Identi23 fication Credential with respect to applicants that reason24 ably demonstrate that the purpose of the Transportation 

25 Worker Identification Credential is for providing, within 


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1 the interior of the United States, direct assistance to a 

2 United States port. 

3 SEC. 24. USE OF UNITED STATES INLAND PORTS FOR STOR4 AGE AND TRANSFER OF CARGO CONTAINERS. 

5 (a) MEETING.—Not later than 90 days after the date 

6 of enactment of this Act, the Assistant Secretary for Trans7 portation Policy, in consultation with the Administrator of 

8 the Maritime Administration and the Chairperson of the 

9 Federal Maritime Commission, shall convene a meeting of 

10 representatives of entities described in subsection (b) to dis11 cuss the feasibility of, and strategies for, identifying Federal 

12 and non-Federal land, including inland ports, for the pur13 poses of storage and transfer of cargo containers due to port 

14 congestion. 

15 (b) DESCRIPTION OF ENTITIES.—The entities referred 

16 to in subsection (a) are— 

17 (1) representatives of United States major gate18 way ports, inland ports, and export terminals; 

19 (2) ocean carriers; 

20 (3) railroads; 

21 (4) trucking companies; 

22 (5) port workforce, including organized labor; 

23 and 

24 (6) such other stakeholders as the Secretary of 

25 Transportation, in consultation with the Chairperson 


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1 of the Federal Maritime Commission, determines to be 

2 appropriate. 

3 (c) REPORT TO CONGRESS.—As soon as practicable 

4 after the date of the meeting convened under subsection (a), 

5 the Assistant Secretary for Transportation Policy, in con6 sultation with the Administrator of the Maritime Adminis7 tration and the Chairperson of the Federal Maritime Com8 mission, shall submit to Congress a report describing— 

9 (1) the results of the meeting; 

10 (2) the feasibility of identifying land or property 

11 under the jurisdiction of United States, or ports in 

12 the United States, for storage and transfer of cargo 

13 containers; and 

14 (3) recommendations relating to the meeting, if 

15 any. 

16 (d) SAVINGS PROVISION.—No authorization contained 

17 in this section may be acted on in a manner that jeopard18 izes or negatively impacts the national security or defense 

19 readiness of the United States. 

20 SEC. 25. REPORT ON ADOPTION OF TECHNOLOGY AT 

21 UNITED STATES PORTS. 

22 Not later than 1 year after the date of enactment of 

23 this Act, the Comptroller General of the United States shall 

24 submit to Congress a report describing the adoption of techVerDate Sep 11 2014 22:04 Mar 24, 2022 Jkt 029200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6203 E:\BILLS\S3580.RS S3580

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1 nology at United States ports, as compared to that adoption 

2 at foreign ports, including— 

3 (1) the technological capabilities of United States 

4 ports, as compared to foreign ports; 

5 (2) an assessment of whether the adoption of 

6 technology at United States ports could lower the 

7 costs of cargo handling; 

8 (3) an assessment of regulatory and other bar9 riers to the adoption of technology at United States 

10 ports; and 

11 (4) an assessment of technology and the work12 force. 

13 SEC. 26. AUTHORIZATION OF APPROPRIATIONS. 

14 Section 46108 of title 46, United States Code, is 

15 amended by striking ‘‘$29,086,888 for fiscal year 2020 and 

16 $29,639,538 for fiscal year 2021’’ and inserting 

17 ‘‘$32,869,000 for fiscal year 2022, $38,260,000 for fiscal 

18 year 2023, $43,720,000 for fiscal year 2024, and 

19 $49,200,000 for fiscal year 2025’’. 


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Calendar No. 311 

117TH CONGRESS 

2D SESSION S. 3580 

A BILL 

To amend title 46, United States Code, with repurposes. riers or marine terminal operators, and for other spect to prohibited acts by ocean common carMARCH 24, 2022 

Reported with an amendment 


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