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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 
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and space capacity available to carry such containers 
if loaded in a safe and timely manner. 
SEC. 410. 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 
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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 
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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, includ-
ing establishing a definition for cargo avail-
ability for retrieval that accounts for govern-
ment 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. 
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