tional information or documents within the pe-
riod provided in subsection (d), the Commission 
may extend such period until there has been 
substantial compliance with the request of the 
Commission under subsection (e).’’; and 
(7) in subsection (g), as so redesignated, by in-
serting before the period the following: ‘‘, except for 
an agreement approved under subsection (d)’’. 
SEC. 12. EXEMPTION. 
Section 40307 is amended— 
(1) in subsection (a)(7), by inserting before the 
period the following: ‘‘to the extent that such an 
agreement is approved under this part after January 
1, 2011’’; and 
(2) in subsection (d), by striking ‘‘by this part’’ 
and inserting ‘‘by section 41106’’. 
SEC. 13. GENERAL RATE AND TARIFF REQUIREMENTS. 
Section 40501 is amended— 
(1) in subsection (a)(1), by striking ‘‘Each’’ 
and all that follows through ‘‘system,’’ and inserting 
‘‘Each common carrier shall maintain for public in-
spection in an automated tariff system on the Inter-
net,’’; 
(2) in subsection (b)— 
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(A) in paragraphs (3) and (4), by striking 
‘‘or conference’’ each place it appears; and 
(B) by striking ‘‘and’’ after the semicolon 
at the end of paragraph (5), by striking the pe-
riod at the end of paragraph (6) and inserting 
a semicolon, and by adding at the end the fol-
lowing new paragraphs: 
‘‘(7) separately state the charges by the carrier 
for providing or handling equipment; and 
‘‘(8) clearly describe any surcharge contained in 
the tariff.’’; 
(3) in subsection (c), by striking the last sen-
tence and inserting the following: ‘‘No fee may be 
charged for such access.’’; and 
(4) in subsection (e)(2), by striking ‘‘on publi-
cation’’ and inserting ‘‘immediately’’. 
SEC. 14. SERVICE CONTRACTS. 
Section 40502 is amended— 
(1) in subsection (a), by striking ‘‘ocean com-
mon carrier or an agreement between or among 
ocean common carriers’’ and inserting ‘‘common car-
rier’’; 
(2) in subsection (b)(2), by striking ‘‘ocean 
common carrier or an agreement shall be filed’’ and 
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inserting ‘‘common carrier shall be filed electroni-
cally and’’; 
(3) in subsection (c)— 
(A) in paragraph (7), by striking ‘‘and’’ 
after the semicolon at the end; 
(B) in paragraph (8), by striking the pe-
riod at the end and inserting ‘‘, by common car-
rier and shipper parties.’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(9) separately state the charges by the carrier 
for providing equipment.’’; 
(4) in subsection (d), by striking ‘‘and (6)’’ and 
inserting ‘‘, (6), and (9)’’; and 
(5) in subsection (f)— 
(A) in the first sentence, by striking ‘‘ex-
clusive’’; and 
(B) by adding at the end the following: 
‘‘This subsection does not apply to mediation 
before the Commission at the request of any 
party to the service contract or to a dispute 
covered by section 40505(b) of this title.’’. 
SEC. 15. REFUNDS AND WAIVERS. 
Section 40503 is amended by striking ‘‘or con-
ference’’ each place it appears. 
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SEC. 16. COMPILATION OF COMPLAINTS AND SERVICE RE-
LIABILITY DATA. 
(a) IN GENERAL.—Chapter 405 is amended by add-
ing at the end the following new section: 
‘‘§ 40504. Compilation of complaints and service reli-
ability data 
‘‘(a) DATABASE.—The Commission shall establish 
and maintain a database of complaints received by the 
Commission. 
‘‘(b) AN
ANNUAL
REPORT
OF
SERVICE
COM-
PLAINTS.— 
‘‘(1) IN GENERAL.—The Commission shall post 
an annual report of formal and informal service 
complaints received by the Commission during the 
previous year that shall include— 
‘‘(A) the quantity of each type of com-
plaint; 
‘‘(B) the geographic region of the com-
plaints; and 
‘‘(C) the resolution of the complaints, if 
appropriate. 
‘‘(2) LIMITATION ON IDENTIFICATION OF COM-
PLAINANT.—The annual report may identify a com-
plainant that submitted an informal complaint only 
upon the written consent of the complainant. 
‘‘(c) RELIABILITY INDICATORS.— 
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‘‘(1) IN GENERAL.—The Commission shall, by 
regulation, require ocean common carriers to report 
frequency and duration of delays in shipments, all 
instances in which cargo has not been transported 
on a voyage for which it was booked, and other serv-
ice or reliability indicators as determined by the 
Commission to be appropriate. 
‘‘(2) ANNUAL REPORT.— 
‘‘(A) IN GENERAL.—The Commission shall 
issue an annual report of service and reliability 
indicators for each ocean common carrier. 
‘‘(B) POSTING
ON
INTERNET.—The re-
ports shall be posted on the Commission’s pub-
lic Internet Web site.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
the following new item: 
‘‘40504. Compilation of complaints and service reliability data.’’. 
SEC. 17. ARBITRATION OF DISPUTES. 
(a) IN GENERAL.—Chapter 405 is further amended 
by adding at the end the following new section: 
‘‘§ 40505. Arbitration of disputes regarding common 
carrier services 
‘‘(a) IN GENERAL.—Not later than one year after en-
actment of the Ocean Shipping Act of 2010, the Commis-
sion shall prescribe regulations to establish a binding arbi-
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tration process to resolve complaints subject to the juris-
diction of the Commission and within the scope of disputes 
to which the process applies under subsection (b). 
‘‘(b) COVERED DISPUTES.—The binding arbitration 
process— 
‘‘(1) shall apply to disputes involving service 
contracts, common carrier practices, and common 
carrier service expectations that are subject to the 
jurisdiction of the Commission; 
‘‘(2) shall not apply to disputes to obtain the 
grant, denial, stay, or revocation of any license, au-
thorization, or exemption; 
‘‘(3) shall not apply to disputes solely between 
2 or more ocean common carriers; and 
‘‘(4) shall be agreed upon by the parties to dis-
pute. 
‘‘(c) ARBITRATION PROCEDURES.— 
‘‘(1) IN GENERAL.—The Commission— 
‘‘(A) may make the binding arbitration 
process available only to the relevant parties— 
‘‘(i) after the filing of a formal com-
plaint; or 
‘‘(ii) on petition by a party at the con-
clusion of any informal dispute resolution 
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process provided by the Commission for a 
complaint subject to this section; 
‘‘(B) shall determine whether to pursue a 
proceeding under the binding arbitration proc-
ess no later than 30 days after the filing of a 
petition or formal complaint; and 
‘‘(C) may make the binding arbitration 
proceeding and decision confidential following a 
request of the parties submitted at the time of 
filing the petition or formal complaint. 
‘‘(2) PROHIBITION
ON
SEPARATE
REVIEW.— 
The Commission may not separately review a com-
plaint or dispute related to a rate, practice, or com-
mon carrier service that is the subject of a binding 
arbitration initiated under this subsection involving 
the same parties. 
‘‘(3) CONSIDERATION OF PUBLISHED SERVICE 
EXPECTATIONS.—In resolving disputes involving 
common carrier service expectations, the arbitrator 
shall consider service expectations as published 
under section 40501(h) of this title. 
‘‘(d) 
ARBITRATION
DECISIONS.—Any 
decision 
reached in an arbitration proceeding under this section 
shall— 
‘‘(1) be consistent with this part; 
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maintained by the Commission, of Commission staff or 
persons in the private sector with transportation, economic 
regulation, professional or business experience, including 
agriculture. If the parties cannot mutually agree on an 
arbitrator, the parties shall select an arbitrator from the 
roster by alternately striking names from the roster until 
only 1 name remains. The parties shall share the costs 
of the arbitration equally. With respect to arbitration in-
volving a controlled carrier, the arbitrator may not be con-
trolled by or in any way affiliated with a government that 
owns or controls the carrier. 
‘‘(g) RELIEF.— 
‘‘(1) LIMITATION.—A decision under this sec-
tion may award the payment of damages, but the 
value of the award may not exceed $250,000 per 
year and the award may not cover a total time pe-
riod of more than 2 years. 
‘‘(2) REVIEW.—The Commission shall periodi-
cally review the amount in paragraph (1) and adjust 
it as necessary to reflect inflation. 
‘‘(h) COMMISSION REVIEW.—If a party to an arbitra-
tion proceeding under this section appeals an arbitrator’s 
decision to the Commission, the Commission may review 
the decision under this section to determine if— 
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‘‘(1) the decision is consistent with this part as 
applied by the Commission; or 
‘‘(2) if the award limitation in subsection (g) is 
complied with.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
the following new item: 
‘‘40504. Arbitration of disputes regarding common carrier services.’’. 
SEC. 18. CLERICAL AMENDMENTS RELATING TO CON-
TROLLED CARRIERS. 
Chapter 407 is amended— 
(1) by striking the heading for section 40701 
and inserting the following: 
‘‘§ 40701. Controlled carrier rates’’; 
(2) by striking the heading for section 40702 
and inserting the following: 
‘‘§ 40702. Controlled carrier rate standards’’; 
(3) by striking the heading for section 40703 
and inserting the following: 
‘‘§ 40703. Effective date of controlled carrier rates’’; 
and 
(4) in the analysis at the beginning of the chap-
ter, by striking the items relating to sections 40701, 
40702, and 40703 and inserting the following: 
‘‘40701. Controlled carrier rates. 
‘‘40702. Controlled carrier rate standards. 
‘‘40703. Effective date of controlled carrier rates.’’. 
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SEC. 19. COMMISSION REVIEW OF RATES, CHARGES, ETC.: 
INVESTIGATION AND CIVIL PENALTIES OF 
CONTROLLED CARRIERS. 
Section 40704 is amended— 
(1) in subsection (b), by adding at the end the 
following ‘‘In making this determination, the Com-
mission may investigate any relevant conduct under 
sections 41302 to 41304 of this title.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(f) CIVIL PENALTIES.—In addition to any action 
authorized under this section with respect to a rate, 
charge, classification, rule, or regulation the Commission 
determines to be unjust or unreasonable, the Commission 
may assess civil penalties under section 41109.’’. 
SEC. 20. OCEAN TRANSPORTATION INTERMEDIARIES: PRO-
HIBITION ON ADVERTISING. 
Section 40901(a) is amended in the first sentence by 
inserting ‘‘advertise, hold oneself out, or’’ after ‘‘may 
not’’. 
SEC. 21. OCEAN TRANSPORTATION INTERMEDIARIES: FI-
NANCIAL RESPONSIBILITY AND RESIDENT 
AGENTS. 
Section 40902 is amended— 
(1) in subsection (a), by inserting ‘‘advertise, 
hold oneself out, or’’ after ‘‘may not’’; and 
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(2) in subsection (d), by inserting before the pe-
riod the following: ‘‘, and Commission requests or 
demands for records or reports’’. 
SEC. 22. OCEAN TRANSPORTATION INTERMEDIARIES: SUS-
PENSION OR REVOCATION OF LICENSE FOR 
FAILURE TO COMPLY WITH COMMISSION RE-
QUESTS. 
Section 40903(a) is amended by striking ‘‘or’’ after 
the semicolon at the end of paragraph (1), striking the 
period at the end of paragraph (2) and inserting ‘‘; or’’ 
and by adding at the end the following new paragraph: 
‘‘(3) failed to comply with a Commission sub-
poena or request for records.’’. 
SEC. 23. REPEAL OF PROHIBITIONS OF CERTAIN PAY-
MENTS. 
Section 40904(d) is amended by striking so much as 
precedes ‘‘limit the payment of compensation’’ and insert-
ing the following: 
‘‘(d) PROHIBITION ON LIMITING PAYMENT OF COM-
PENSATION TO AN OCEAN FREIGHT FORWARDER.—An 
ocean common carrier may not’’. 
SEC. 24. REPEAL OF DEFINITION OF JOINT VENTURE AND 
CONSORTIUM. 
(a) REPEAL.—Section 41101 is repealed. 
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(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of chapter 411 is amended by striking the item 
relating to such section. 
SEC. 25. REPEAL OF AUTHORITIES TO DISCLOSURE OF IN-
FORMATION. 
Section 41103 is amended— 
(1) in subsection (b), by adding ‘‘or’’ after the 
semicolon at the end of paragraph (1), striking ‘‘; 
or’’ at the end of paragraph (2) and inserting a pe-
riod, and striking paragraph (3); and 
(2) by striking subsection (c). 
SEC. 26. ADDITIONAL PROHIBITIONS OF CERTAIN ACTIONS 
BY COMMON CARRIERS. 
(a) IN GENERAL.—Section 41104 is amended— 
(1) by redesignating paragraphs (3) through 
(12) as paragraphs (4) through (13); 
(2) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) refuse or threaten to refuse cargo space 
accommodations when available;’’; 
(3) in paragraph (4), as so redesignated, by 
striking ‘‘refusing, or threatening to refuse, cargo 
space accommodations when available, or resort to 
other’’; 
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(4) by striking ‘‘or’’ after the semicolon at the 
end of paragraph (12), as so redesignated; 
(5) in paragraph (13), as so redesignated, by 
striking the period and inserting a semicolon; and 
(6) by adding at the end the following new 
paragraphs: 
‘‘(13) discriminate against a shipper or ocean 
transportation intermediary for supplying their own 
equipment; 
‘‘(14) engage in an unfair or deceptive practice 
or an unfair method of competition in ocean trans-
portation or the sale of ocean transportation; 
‘‘(15) engage in deceptive or fraudulent prac-
tices including unreasonable failure to provide trans-
portation services as agreed to in the contract; 
‘‘(16) take any action that may have the effect 
of unreasonably and substantially lessening competi-
tion in a trade; 
‘‘(17) discriminate against a shipper on the 
basis of nationality or association with another com-
mon carrier; 
‘‘(18) refuse to deliver or release a shipment, if 
such refusal is based on debts, claims, or amounts 
owed that are unrelated to a debt, claim, or amount 
owed by that shipper; or 
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SEC. 28. MONETARY PENALTIES. 
Section 41107(a) is amended by— 
(1) striking ‘‘$5,000’’ and inserting ‘‘$25,000’’; 
and 
(2) 
striking 
‘‘, 
$25,000’’ 
and 
inserting 
‘‘$75,000’’. 
SEC. 29. ADDITIONAL PENALTIES. 
Section 41108 is amended— 
(1) in subsection (a), by striking ‘‘, or that 
common carrier’s right to use any or all tariffs of 
conferences of which it is a member,’’; and 
(2) in subsection (c)(1)(A), by striking ‘‘or the 
carrier’s right to use any or all tariffs of conferences 
of which it is a member’’. 
SEC. 30. OCEAN TRANSPORTATION PRACTICES STUDY. 
(a) STUDY.—Within 180 days after the date of enact-
ment of this Act, the Federal Maritime Commission shall 
initiate a study of ocean transportation practices, includ-
ing delay of cargo, surcharges, penalties, demurrage, ac-
cessorial charges, and availability of containers for exports 
from the United States. In conducting the study, the Com-
mission shall provide public notice and opportunity for 
comment and conduct one or more public hearings. 
(b) REPORT TO CONGRESS.—Within 180 days after 
completion of the study, the Commission shall provide a 
report on its findings to the Committee on Commerce, 
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Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives. 
Æ 
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