(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
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’’.
(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’’.