SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ocean Shipping Re-
form Act of 2021’’. 
SEC. 2. PURPOSES. 
Section 40101 of title 46, United States Code, is 
amended by striking paragraphs (2) through (4) and in-
serting the following: 
‘‘(2) ensure an efficient and competitive trans-
portation system for the common carriage of goods 
by water in the foreign commerce of the United 
States that is, as far as possible, in harmony with 
fair and equitable international shipping practices; 
‘‘(3) encourage the development of a competi-
tive and efficient liner fleet of vessels of the United 
States capable of meeting national security and com-
merce needs of the United States; 
‘‘(4) support the growth and development of 
United States exports through a competitive and ef-
ficient system for the common carriage of goods by 
water in the foreign commerce of the United States 
and by placing a greater reliance on the market-
place; and 
‘‘(5) promote reciprocal trade in the common 
carriage of goods by water in the foreign commerce 
of the United States.’’.
SEC. 3. SERVICE CONTRACTS. 
Section 40502 of title 46, United States Code, is 
amended— 
(1) in subsection (c)— 
(A) in paragraph (7) by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (8) by striking the period 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(9) any other essential terms or minimum con-
tract requirements that the Federal Maritime Com-
mission determines necessary or appropriate.’’; and 
(2) by adding at the end the following: 
‘‘(g) SERVICE CONTRACT REQUIREMENT.—With re-
spect to service contracts entered into under this section, 
a common carrier shall establish, observe, and enforce just 
and reasonable regulations and practices relating to essen-
tial terms and minimum contract requirements the Com-
mission determines are necessary or appropriate under 
subsection (c)(9).’’. 
SEC. 4. SHIPPING EXCHANGE REGISTRY. 
(a) IN GENERAL.—Chapter 405 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 40504. Shipping exchange registry 
‘‘(a) IN GENERAL.—No person may operate a ship-
ping exchange involving ocean transportation in the for-
eign commerce of the United States unless the shipping 
exchange is registered as a national shipping exchange 
under the terms and conditions provided in this section 
and the regulations issued pursuant to this section. 
‘‘(b) REGISTRATION.—A person shall register a ship-
ping exchange by filing with the Federal Maritime Com-
mission an application for registration in such form as the 
Commission, by rule, may prescribe containing the rules 
of the exchange and such other information and docu-
ments as the Commission, by rule, may prescribe as nec-
essary or appropriate in the public interest. 
‘‘(c) EXEMPTION.—The Commission may exempt, 
conditionally or unconditionally, a shipping exchange from 
registration and licensing under this section if the Com-
mission finds that the shipping exchange is subject to com-
parable, comprehensive supervision and regulation by the 
appropriate governmental authorities in the home country 
of the shipping exchange. 
‘‘(d) REGULATIONS.—In issuing regulations pursu-
ant to subsection (a), the Commission shall set standards 
necessary to carry out subtitle IV for registered national 
shipping exchanges, including the minimum requirements
for service contracts established under section 40502, and 
issue licenses for registered national shipping exchanges. 
‘‘(e) DEFINITION.—In this subsection, the term ‘ship-
ping exchange’ means a platform, digital, over-the-counter 
or otherwise, which connects shippers with common car-
riers (both vessel-operating and non-vessel-operating) for 
the purpose of entering into underlying agreements or con-
tracts for the transport of cargo, by vessel or other modes 
of transportation.’’. 
(b) APPLICABILITY.—The registration requirement 
under section 40504 of title 46, United States Code (as 
added by this section), shall take effect on the date on 
which the Federal Maritime Commission issues regula-
tions required under subsection (d) of such section. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 405 of title 46, United States Code, is amended by 
adding at the end the following: 
‘‘40504. Shipping exchange registry.’’. 
SEC. 5. DATA COLLECTION. 
(a) IN GENERAL.—Chapter 411 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 41110. Data collection 
‘‘(a) IN GENERAL.—Common carriers covered under 
this chapter shall submit to the Federal Maritime Com-
mission a calendar quarterly report that describes the
total import and export tonnage and the total loaded and 
empty 20-foot equivalent units per vessel (making port in 
the United States, including any territory or possession 
of the United States) operated by such common carrier. 
‘‘(b) PROHIBITION ON DUPLICATION.—Data required 
to be reported under subsection (a) may not duplicate in-
formation— 
‘‘(1) submitted to the Corps of Engineers pur-
suant to section 11 of the Act entitled ‘An Act au-
thorizing the construction, repair, and preservation 
of certain public works on rivers and harbors, and 
for other purposes’, approved September 22, 1922 
(33 U.S.C. 555), by an ocean common carrier acting 
as a vessel operator; or 
‘‘(2) submitted pursuant to section 481 of the 
Tariff Act of 1930 (19 U.S.C. 1481) to U.S. Cus-
toms and Border Protection by merchandise import-
ers.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 411 of title 46, United States Code, is amended by 
adding at the end the following: 
‘‘41110. Data collection.’’. 
SEC. 6. NATIONAL SHIPPER ADVISORY COMMITTEE. 
(a) NATIONAL SHIPPER ADVISORY COMMITTEE.— 
Section 42502(c)(3) of title 46, United States Code, is 
amended by inserting ‘‘, including customs brokers or
freight forwarders’’ after ‘‘ocean common carriers’’ each 
place such term occurs. 
(b) ANALYSIS.—The analysis for chapter 425 of title 
46, United States Code, is amended by inserting before 
the item relating to section 42501 the following: 
‘‘Sec.’’. 
SEC. 7. ANNUAL REPORT AND PUBLIC DISCLOSURES. 
(a) REPORT ON FOREIGN LAWS AND PRACTICES.— 
Section 46106(b) of title 46, United States Code, is 
amended— 
(1) in paragraph (5) by striking ‘‘and’’ at the 
end; 
(2) in paragraph (6)— 
(A) by striking ‘‘under this part’’ and in-
serting ‘‘under chapter 403’’; and 
(B) by striking the period and inserting a 
semicolon; and 
(3) by adding at the end the following: 
‘‘(7) an identification of any anticompetitive or 
nonreciprocal trade practices by ocean common car-
riers; 
‘‘(8) an analysis of any trade imbalance result-
ing from the business practices of ocean common 
carriers, including an analysis of the data collected 
under section 41110; and
‘‘(9) an identification of any otherwise 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.—
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
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
‘‘(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.
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.
‘‘(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-
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.