‘‘(iii) subject to monitoring by the 
Trade Representative under section 306 of 
the Trade Act of 1974 (19 U.S.C. 2416).’’. 
(b) PUBLIC DISCLOSURE.— 
(1) IN GENERAL.—Section 46106 of title 46, 
United States Code, is amended by adding at the 
end the following: 
‘‘(d) PUBLIC DISCLOSURES.—The Federal Maritime 
Commission shall publish, and annually update, on the 
website of the Commission— 
‘‘(1) all findings by the Commission of false 
certifications by common carriers or marine terminal 
operators under section 41104(a)(15); 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.’’. 
SEC. 408. 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. 409. 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