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‘‘(9) an identification of any otherwise con-
cerning practices by ocean common carriers, particu-
larly such carriers that are— 
‘‘(A) State-owned or State-controlled enter-
prises; or 
‘‘(B) owned or controlled by, is a sub-
sidiary of, or is otherwise related legally or fi-
nancially (other than a minority relationship or 
investment) to a corporation based in a coun-
try— 
‘‘(i) identified as a nonmarket econ-
omy 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.— 
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(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
AMEND-
MENTS.— 
(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 sec-
tion 46106 and inserting the following: 
‘‘46106. Annual report and public disclosure.’’. 
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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 dis-
criminatory 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 de-
murrage or detention charges under a tariff, marine ter-
minal 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 Commis-
sion. The certification requirement only applies to the en-
tity 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 
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operator collecting a charge on behalf of another must in-
clude 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 sub-
section (a)— 
(1) by striking paragraph (3) and inserting the 
following: 
‘‘(3) engage in practices that unreasonably re-
duce shipper accessibility to equipment necessary for 
the loading or unloading of cargo;’’; 
(2) in paragraph (12) by striking ‘‘; or’’ and in-
serting 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 in-
strumentalities needed to perform transportation 
services, including allocation of vessel space accom-
modations, in consideration of reasonably foreseeable 
import and export demands; or 
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‘‘(15) unreasonably decline export cargo book-
ings 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 im-
mediate 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 para-
graph (1) shall address the unreasonableness of 
ocean common carriers prioritizing the shipment of 
empty containers while excluding, limiting, or other-
wise 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. 
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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 ob-
ligation 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 op-
erator, 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 assess-
ment 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 reason-
ableness of any demurrage or detention charges 
which are the subject of any complaint proceeding 
challenging a common carrier or marine terminal op-
erator demurrage or detention charges as unjust and 
unreasonable. 
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‘‘(f) PENALTIES FOR FALSE OR INACCURATE CER-
TIFIED 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 ap-
plied if the Commission determines, in a separate enforce-
ment proceeding, such certification was inaccurate or 
false.’’. 
(b) RULEMAKING
ON DETENTION
AND DEMUR-
RAGE.— 
(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 adopt-
ing and applying unjust and unreasonable demur-
rage and detention rules and practices. 
(2) CONTENTS.—The rulemaking under para-
graph (1) shall address the issues identified in the 
final rule published on May 18, 2020, titled ‘‘Inter-
pretive Rule on Demurrage and Detention Under 
the Shipping Act’’ (85 Fed. Reg. 29638), including 
the following: 
(A) Establishing clear and uniform defini-
tions for demurrage, detention, cargo avail-
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ability 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 de-
tention 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 re-
sponsibility of the carrier or their agent and be-
yond the control of the invoiced or contracting 
party. 
(D) Prohibiting the commencement or con-
tinuation of free time unless cargo is available 
for retrieval and timely notice of cargo avail-
ability 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. 
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(F) Prohibiting the consumption of free 
time or collection of detention charges on con-
tainers 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 dis-
charge; 
(ii) container return locations; and 
(iii) advance notice for container early 
return dates. 
(H) Establishing minimum billing require-
ments, including timeliness and supporting in-
formation that shall be included in or with in-
voices 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 dis-
pute 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 demur-
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rage, detention, or other similar per container 
charges, including determining whether such 
parties should be billed at all. 
(c) RULEMAKING
ON MINIMUM SERVICE STAND-
ARDS.—Not later than 90 days after the date of enact-
ment of this Act, the Commission shall initiate a rule-
making 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 fur-
nishing and allocation of adequate and suitable 
equipment, vessel space accommodations, containers, 
and other instrumentalities necessary for the receiv-
ing, loading, carriage, unloading and delivery of 
cargo. 
(2) The duty to perform the contract of car-
riage with reasonable dispatch. 
(3) The requirement to carry United States ex-
port 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 
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mitigate service disruptions and inefficiencies during 
periods of port congestion and other market disrup-
tions. 
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 or-
dered to refund money’’ after ‘‘civil penalty is as-
sessed’’. 
(b) ADDITIONAL PENALTIES.—Section 41108(a) of 
title 46, United States Code, is amended by striking ‘‘sec-
tion 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)’’. 
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(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 amend-
ed 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 fol-
lows through ‘‘Members’’ and inserting ‘‘REPRESENTA-
TION.—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 
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‘‘$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 Transpor-
tation shall seek to enter into an agreement with the Na-
tional Academy of Sciences under which the National 
Academy shall conduct a study on the United States sup-
ply chain that examines data constraints that impede the 
flow of maritime cargo and add to supply chain inefficien-
cies 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 sub-
section (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), includ-
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ing 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 in-
efficiencies in such methodology; 
(5) an analysis of existing and potential impedi-
ments 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 ele-
ments connected to the shipment, arrival, 
and unloading of a shipping container; and 
(ii) the classification systems used 
across the United States supply chain, in-
cluding inconsistencies in the names of en-
tities covered by subsection (c), geo-
graphical names, and terminology; 
(6) the identification of information to be in-
cluded in an improved data sharing system designed 
to plan, execute, and monitor the optimal loading 
and unloading of maritime cargo; and 
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(7) the identification of existing software and 
data sharing platforms available to facilitate propa-
gation of information to all agents involved in the 
loading and unloading of maritime cargo and evalu-
ate 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 Trans-
portation Board, and the United States Customs 
and Border Protection; 
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(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 transpor-
tation 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 enter-
ing into an arrangement with the Secretary under sub-
section (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 re-
port containing— 
(1) the study required under subsection (a); 
(2) the information collected under subsections 
(b) and (c), excluding any personally identifiable in-
formation or sensitive business information; and 
(3) any recommendations for— 
(A) common data standards to be used in 
the United States supply chain; and 
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(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 Mari-
time Commission shall issue a request for informa-
tion seeking public comment regarding— 
(A) whether congestion of the common car-
riage of goods has created an emergency situa-
tion of a magnitude such that there exists a 
substantial adverse effect on the competitive-
ness and reliability of the international ocean 
transportation supply system; 
(B) whether an emergency order described 
in subsection (b) would alleviate such an emer-
gency situation; and 
(C) the appropriate scope of such an emer-
gency order, if applicable. 
(2) CONSULTATION.—During the public com-
ment period under paragraph (1), the Commission 
may consult, as the Commission determines to be 
appropriate, with— 
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