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(E) Prohibiting the consumption of free 
time or collection of demurrage charges when 
marine terminal appointments are not available 
during the free time period. 
(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. 
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(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-
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, (as added 
by section 410) 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 
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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 
mitigate service disruptions and inefficiencies during 
periods of port congestion and other market disrup-
tions. 
SEC. 411. 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’’. 
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(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)’’. 
(c) CONFORMING AMENDMENT.—Section 41309 of 
title 46, United States Code, is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘or refund of money’’ 
after ‘‘payment of reparation’’; and 
(B) by inserting ‘‘or to whom the refund of 
money was ordered’’ after ‘‘award was made’’; 
and 
(2) in subsection (b) by inserting ‘‘or refund of 
money’’ after ‘‘award of reparation’’. 
(d) AWARD OF REPARATIONS.—Section 41305(c) of 
title 46, United States Code, is amended— 
(1) by inserting ‘‘or (c)’’ after ‘‘41102(b)’’; and 
(2) by inserting ‘‘, or if the Commission deter-
mines that a violation of section 41102(e) was made 
willfully or knowingly’’ after ‘‘of this title’’. 
SEC. 412. INVESTIGATIONS. 
Section 41302 of title 46, United States Code, is 
amended by striking ‘‘or agreement’’ and inserting ‘‘, 
agreement, fee, or charge’’. 
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SEC. 413. INJUNCTIVE RELIEF. 
Section 41307(b) to title 46, United States Code, is 
amended— 
(1) in paragraph (3)— 
(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. 414. 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’’. 
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