Calendar No. 311
117th CONGRESS 2d Session |
To amend title 46, United States Code, with respect to prohibited acts by ocean common carriers or marine terminal operators, and for other purposes.
February 3, 2022
Ms. Klobuchar (for herself, Mr. Thune, Ms. Baldwin, Mr. Hoeven, Ms. Stabenow, Mr. Marshall, Mr. Peters, Mr. Moran, Mr. Blumenthal, Mr. Young, Mr. Kelly, Mrs. Blackburn, Mr. Booker, Ms. Ernst, Ms. Smith, Mr. Crapo, Ms. Cortez Masto, Mr. Braun, Mr. Warnock, Mr. Risch, Mr. Bennet, Mr. Cramer, Mr. Wyden, Mr. Blunt, Mr. Van Hollen, Mr. Boozman, Mr. Padilla, Mrs. Fischer, and Mr. Hickenlooper) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
March 24, 2022
Reported by Ms. Cantwell, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
To amend title 46, United States Code, with respect to prohibited acts by ocean common carriers or marine terminal operators, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 40101 of title 46, United States Code, is amended—
Section 40502(c) of title 46, United States Code, is amended—
SEC. 4. Shipping exchange registry.
(a) In general.—Chapter 405 of title 46, United States Code, is amended by adding at the end the following:
Ҥ 40504. Shipping exchange registry
“(a) In general.—No person may operate a shipping exchange involving ocean transportation in the foreign 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 shipping exchange by filing with the Federal Maritime Commission (referred to in this section as the ‘Commission’) 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 documents as the Commission, by rule, may prescribe as necessary or appropriate in the public interest.
“(c) Exemption.—The Commission may exempt, conditionally or unconditionally, a shipping exchange from registration under this section if the Commission finds that the shipping exchange is subject to comparable, comprehensive supervision and regulation by the appropriate governmental authorities in a foreign country where the shipping exchange is headquartered.
“(d) Regulations.—Not later than 3 years after the date of enactment of the Ocean Shipping Reform Act of 2022, the Commission shall issue regulations pursuant to subsection (a), which shall set standards necessary to carry out subtitle IV of this title for registered national shipping exchanges, including the minimum requirements for service contracts established under section 40502 of this title.
“(e) Definition of shipping exchange.—In this section, the term ‘shipping exchange’ means a service or platform for shippers to communicate freight traffic and capacity information to common carriers.”.
(b) Applicability.—The registration requirement under section 40504 of title 46, United States Code (as added by subsection (a)), shall take effect on the date on which the Federal Maritime Commission states the rule is effective in the regulations issued under such section.
(c) Clerical amendment.—The analysis for chapter 405 of title 46, United States Code, is amended by adding at the end the following:
“40504. Shipping exchange registry.”.
SEC. 5. Prohibition on retaliation.
Section 41102 of title 46, United States Code, is amended by adding at the end the following:
“(d) Prohibition on retaliation.—
“(1) IN GENERAL.—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 motor carrier, or an agent of such a shipper or carrier by taking any action described in paragraph (2) because the shipper or motor carrier has patronized another common carrier, marine terminal operator, or ocean transportation intermediary, or has filed a complaint, or for any other reason.
“(2) ACTIONS.—The actions described in this paragraph are—
“(A) refusing, or threatening to refuse, cargo space accommodations when available; or
“(B) resorting to any other prohibited actions under section 41104(a)(3).”.
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) of this title; 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.”.
(a) In general.—Section 41104 of title 46, United States Code, is amended—
(A) in the matter preceding paragraph (1), by striking “may not” and inserting “shall not”;
(B) by striking paragraph (3) and inserting the following:
“(3) with due regard being given to the proper loading of the vessel and the available tonnage, refuse cargo space accommodations when available, or resort to other unfair or unjustly discriminatory methods;”;
(C) in paragraph (5), by striking “in the matter of rates or charges” and inserting “against any commodity group or type of shipment or in the matter of rates or charges”;
(D) in paragraph (9), by inserting “against any commodity group or type of shipment or in the matter of rates or charges” after “disadvantage”;
(E) in paragraph (10), by adding “, including with respect to vessel space accommodations” after “negotiate”;
(F) in paragraph (12) by striking “; or” and inserting a semicolon;
(G) in paragraph (13) by striking the period and inserting a semicolon; and
(H) by adding at the end the following:
“(14) assess any party for a charge that is inconsistent or does not comply with all applicable provisions of part 545 of title 46, Code of Federal Regulations (or successor regulations); or
“(15) invoice any party for demurrage or detention charges, unless accompanied by an accurate certification that such charges comply with—
“(A) all provisions of part 545 of title 46, Code of Federal Regulations (or successor regulations); and
“(B) the findings of the final rule published on May 18, 2020, entitled ‘Interpretive Rule on Demurrage and Detention Under the Shipping Act’ (85 Fed. Reg. 29638).”; and
(2) by adding at the end the following:
“(d) Violation of prohibition.—If the Commission determines, after an investigation in response to a submission under section 41310, that a certification under subsection (a)(15) was inaccurate or false, penalties under section 41107 shall be applied.
“(e) Certification.—Failure to include a certification under subsection (a)(15) alongside any demurrage or detention charge shall eliminate any obligation of the charged party to pay the applicable charge.”.
(b) Rulemaking on demurrage or detention.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Federal Maritime Commission shall issue rulemaking further defining prohibited practices by common carriers, marine terminal operators, shippers, and ocean transportation intermediaries under section 41102(c) of title 46, United States Code, regarding the assessment of demurrage or detention charges.
(2) CONTENTS.—The rulemaking under paragraph (1) shall seek to further clarify reasonable rules and practices related to the assessment of detention and demurrage charges to address the issues identified in the final rule published on May 18, 2020, titled “Interpretive Rule on Demurrage and Detention Under the Shipping Act” (85 Fed. Reg. 29638), including a determination of which parties may be appropriately billed for any demurrage, detention, or other similar per container charges.
(c) Rulemaking on unfair or unjustly discriminatory methods.—Not later than 1 year after the date of enactment of this Act, the Federal Maritime Commission shall issue rulemaking defining unfair or unjustly discriminatory methods under section 41104(a)(3) of title 46, as amended by this section.
(d) Rulemaking on unreasonably refuse To deal or negotiate with respect to vessel space accommodations.—Not later than 1 year after the date of enactment of this Act, the Federal Maritime Commission shall issue rulemaking defining unreasonable refusal to deal or negotiate with respect to vessel space under section 41104(a)(10) of title 46, as amended by this section.
SEC. 8. Assessment of penalties or refunds.
(a) In general.—Title 46, United States Code, is amended—
(A) in the section heading, by inserting “or refunds” after “penalties”;
(B) in subsection (a), by inserting “or, in addition to or in lieu of a civil penalty, is liable for the refund of a charge” after “civil penalty”; and
(C) in subsection (b), by inserting “or, in addition to or in lieu of a civil penalty, the refund of a charge,” after “civil penalty”; and
(A) in the section heading, by inserting “or refunds” after “penalties”;
(i) by inserting “or, in addition to or in lieu of a civil penalty, order the refund of a charge” after “this part”; and
(ii) by inserting “or refund of such charge” after “conditions, a civil penalty”;
(C) by striking subsection (c);
(D) by redesignating subsections (d) through (g) as subsections (c) through (f);
(E) in subsection (d), as redesignated by subparagraph (D), by inserting “or order a refund of a charge” after “civil penalty”;
(F) in subsection (e), as redesignated by subparagraph (D), by inserting “or who is ordered to refund a charge” after “civil penalty is assessed”; and
(G) in subsection (f), as redesignated by subparagraph (D)—
(i) by inserting “or pay a refund of a charge” after “of a civil penalty”; and
(ii) by inserting “or the amount ordered to be refunded” after “amount assessed”.
(b) Clerical amendments.—The analysis for chapter 411 of title 46, United States Code, is amended—
(1) by striking the item relating to section 41107 and inserting the following:
“41107. Monetary penalties or refunds.”;
and
(2) by striking the item relating to section 41109 and inserting the following:
“41109. Assessment of penalties or refunds.”.
(a) In general.—Chapter 411 of title 46, United States Code, is amended by adding at the end the following:
“(a) In general.—Common carriers covered under this chapter shall submit to the Federal Maritime Commission 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 information—
“(1) submitted to the Corps of Engineers pursuant to section 11 of the Act entitled ‘An Act authorizing 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 Customs and Border Protection by merchandise importers.”.
(b) Clerical amendment.—The analysis for chapter 411 of title 46, United States Code, is amended by adding at the end the following:
“41110. Data collection.”.
(a) In general.—Chapter 413 of title 46, United States Code, is amended by adding at the end the following:
“(a) In general.—A person may submit to the Federal Maritime Commission, and the Commission shall accept, information concerning charges. The information submitted to the Commission may include the bill of lading numbers, certifications, or any other relevant information.
“(b) Investigation.—Upon receipt of a submission under subsection (a), with respect to a charge assessed by a common carrier, the Commission shall promptly investigate the charge with regard to compliance with section 41104(a). The common carrier shall—
“(1) be provided an opportunity to submit additional information related to the charge in question; and
“(2) bear the burden of establishing the reasonableness of any demurrage or detention charges which are the subject of any complaint proceeding challenging a common carrier or marine terminal operator demurrage or detention charge pursuant to section 545.5 of title 46, Code of Federal regulations (or successor regulations).
“(c) Refund.—Upon receipt of submissions under subsection (a), if the Commission determines that a charge does not comply with section 41104(a), the Commission shall promptly order the refund of any demurrage and detention charges paid.
“(d) Penalties.—In the event of a finding that a charge does not comply with section 41104(a) after submission under subsection (a), a civil penalty under section 41107 shall be applied to the common carrier making such charge.”.
(b) Clerical amendment.—The analysis for chapter 413 of title 46, United States Code, is amended by adding at the end the following:
“41310. Charge complaints.”.
(a) Amendments.—Section 41302 of title 46, United States Code, is amended—
(1) in subsection (a), in the first sentence, by striking “or agreement” and inserting “agreement, fee, or charge”; and
(A) in the subsection heading, by striking “Agreement” and inserting “Agreement, fee, or charge”; and
(B) by inserting “, fee, or charge” after “agreement”.
SEC. 12. Award of additional amounts.
Section 41305 of title 46, United States Code, is amended—
(A) by striking “section 41102(b),” through “or (3)” and inserting “subsection (b), (c), or (d) of section 41102, paragraph (3) or (6) of section 41104(a), or paragraph (1) or (3) of section 41105”; and
(B) by inserting “or if the Commission determined that a violation of section 41104(a) of this title was made,” after “of this title”; and
SEC. 13. Enforcement of reparation orders.
(a) In general.—Section 41309 of title 46, United States Code, is amended—
(1) in the section heading, by inserting “or refund” after “reparation”;
(A) by inserting “or refund of a charge” after “payment of reparation”; and
(B) by inserting “or to whom the refund of the charge was ordered” after “award was made”; and
(3) in subsection (b), by inserting “or refund of such a charge” after “award of reparation”.
(b) Clerical amendment.—The analysis for chapter 413 of title 46, United States Code, is amended by striking the item relating to section 41309 and inserting the following:
“41309. Enforcement of reparation or refund orders.”.
SEC. 14. Annual report to Congress.
Section 46106(b) of title 46, United States Code, is amended—
(3) by adding at the end the following:
“(7) an identification of any otherwise concerning practices by ocean common carriers, particularly such carriers that are controlled carriers, that are—
“(A) State-owned or State-controlled enterprises; or
“(B) owned or controlled by, a subsidiary of, or otherwise related legally or financially (other than a minority relationship or investment) to a corporation based in a country—
“(i) identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 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 United States Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).”.
This Act may be cited as the “Ocean Shipping Reform Act of 2022”.
Section 40101 of title 46, United States Code, is amended—
Section 40502(c) of title 46, United States Code, is amended—
SEC. 4. Shipping exchange registry.
(a) In general.—Chapter 405 of title 46, United States Code, is amended by adding at the end the following:
Ҥ 40504. Shipping exchange registry
“(a) In general.—No person may operate a shipping exchange involving ocean transportation in the foreign 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 shipping exchange by filing with the Federal Maritime Commission 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 documents as the Commission, by rule, may prescribe as necessary or appropriate to complete a shipping exchange’s registration.
“(c) Exemption.—The Commission may exempt, conditionally or unconditionally, a shipping exchange from registration under this section if the Commission finds that the shipping exchange is subject to comparable, comprehensive supervision and regulation by the appropriate governmental authorities in a foreign country where the shipping exchange is headquartered.
“(d) Regulations.—Not later than 3 years after the date of enactment of the Ocean Shipping Reform Act of 2022, the Commission shall issue regulations pursuant to subsection (a), which shall set standards necessary to carry out subtitle IV of this title for registered national shipping exchanges, including the minimum requirements for service contracts established under section 40502 of this title.
“(e) Definition of shipping exchange.—In this section, the term ‘shipping exchange’ means a platform (digital, over-the-counter, or otherwise) that connects shippers with common carriers for the purpose of entering into underlying agreements or contracts 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 subsection (a)), shall take effect on the date on which the Federal Maritime Commission states the rule is effective in the regulations issued under such section.
(c) Clerical amendment.—The analysis for chapter 405 of title 46, United States Code, is amended by adding at the end the following:
“40504. Shipping exchange registry.”.
SEC. 5. Prohibition on retaliation.
Section 41102 of title 46, United States Code, is amended by adding at the end the following:
“(d) Retaliation and other discriminatory actions.—A common carrier, marine terminal operator, or ocean transportation intermediary, acting alone or in conjunction with any other person, directly or indirectly, may not—
“(1) retaliate against a shipper, an agent of a shipper, an ocean transportation intermediary, or a motor carrier by refusing, or threatening to refuse, an otherwise-available cargo space accommodation; or
Section 46106 of title 46, United States Code, is amended by adding at the end the following:
(a) In general.—Section 41104 of title 46, United States Code, is amended—
(1) in subsection (a)—
(C) in paragraph (5), by striking“ in the matter of rates or charges” and inserting “against any commodity group or type of shipment or in the matter of rates or charges”;
(D) in paragraph (10), by adding “, including with respect to vessel space accommodations provided by an ocean common carrier” after “negotiate”;
(G) by adding at the end the following:
“(14) assess any party for a charge that is inconsistent or does not comply with all applicable provisions and regulations, including subsection (c) of section 41102 or part 545 of title 46, Code of Federal Regulations (or successor regulations);
(2) by adding at the end the following:
“(d) Detention and demurrage invoice information.—
“(1) INACCURATE INVOICE.—If the Commission determines, after an investigation in response to a submission under section 41310, that an invoice under subsection (a)(15) was inaccurate or false, penalties or refunds under section 41107 shall be applied.
“(2) CONTENTS OF INVOICE.—An invoice under subsection (a)(15), unless otherwise determined by subsequent Commission rulemaking, shall include accurate information on each of the following, as well as minimum information as determined by the Commission:
“(K) The email, telephone number, or other appropriate contact information for questions or requests for mitigation of fees.
“(e) Safe harbor.—If a non-vessel operating common carrier passes through to the relevant shipper an invoice made by the ocean common carrier, and the Commission finds that the non-vessel operating common carrier is not otherwise responsible for the charge, then the ocean common carrier shall be subject to refunds or penalties pursuant to subsection (d)(1).
(b)Rulemaking on demurrage or detention.—
(1)IN GENERAL.—Not later than 45 days after the date of enactment of this Act, the Federal Maritime Commission shall initiate a rulemaking further defining prohibited practices by common carriers, marine terminal operators, shippers, and ocean transportation intermediaries under section 41102(c) of title 46, United States Code, regarding the assessment of demurrage or detention charges. The Federal Maritime Commission shall issue a final rule defining such practices not later than 1 year after the date of enactment of this Act.
(2) CONTENTS.—The rule under paragraph (1) shall seek to further clarify reasonable rules and practices related to the assessment of detention and demurrage charges to address the issues identified in the final rule published on May 18, 2020, entitled “Interpretive Rule on Demurrage and Detention Under the Shipping Act” (or successor rule), including a determination of which parties may be appropriately billed for any demurrage, detention, or other similar per container charges.
(c) Rulemaking on unfair or unjustly discriminatory methods.—Not later than 60 days after the date of enactment of this Act, the Federal Maritime Commission shall initiate a rulemaking defining unfair or unjustly discriminatory methods under section 41104(a)(3) of title 46, United States Code, as amended by this section. The Federal Maritime Commission shall issue a final rule not later than 1 year after the date of enactment of this Act.
(d) Rulemaking on unreasonable refusal to deal or negotiate with respect to vessel space accommodations.—Not later than 30 days after the date of enactment of this Act, the Federal Maritime Commission, in consultation with the Commandant of the United States Coast Guard, shall initiate a rulemaking defining unreasonable refusal to deal or negotiate with respect to vessel space under section 41104(a)(10) of title 46, as amended by this section. The Federal Maritime Commission shall issue a final rule not later than 6 months after the date of enactment of this Act.
SEC. 8. Assessment of penalties or refunds.
(a) In general.—Title 46, United States Code, is amended—
(1) in section 41107—
(2) section 41109 is amended—
(A) by striking subsections (a) and (b) and inserting the following:
“(a) General authority.—Until a matter is referred to the Attorney General, the Federal Maritime Commission may—
“(b) Determination of amount.—
“(1) FACTORS FOR CONSIDERATION.—In determining the amount of a civil penalty assessed or refund of money ordered pursuant to subsection (a), the Federal Maritime Commission shall take into consideration—
“(2) COMMENSURATE REDUCTION IN CIVIL PENALTY.—
“(A) IN GENERAL.—In any case in which the Federal Maritime Commission orders a refund of money pursuant to subsection (a)(1)(B) in addition to assessing a civil penalty pursuant to subsection (a)(1)(A), the amount of the civil penalty assessed shall be decreased by any additional amounts included in the refund of money in excess of the actual injury (as defined in section 41305(a)).
(a) In General.—Chapter 411 of title 46, United States Code, is amended by adding at the end the following:
“ The Federal Maritime Commission shall publish on its website 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 each ocean common carrier covered under this chapter. Ocean common carriers under this chapter shall provide to the Commission all necessary information, as determined by the Commission, for completion of this report.”.
(b) Rule of construction.—Nothing in this section, and the amendment made by this section, shall be construed to compel the public disclosure of any confidential or proprietary data, in accordance with section 552(b)(4) of title 5, United States Code.
(c) Clerical amendment.—The analysis for chapter 411 of title 46, United States Code, is amended by adding at the end the following:
“41110. Data collection.”.
(a) In general.—Chapter 413 of title 46, United States Code, is amended by adding at the end the following:
“(a) In general.—A person may submit to the Federal Maritime Commission, and the Commission shall accept, information concerning complaints about charges assessed by a common carrier. The information submitted to the Commission may include the bill of lading numbers, invoices, or any other relevant information.
“(b) Investigation.—Upon receipt of a submission under subsection (a), with respect to a charge assessed by a common carrier, the Commission shall promptly investigate the charge with regard to compliance with section 41104(a) and section 41102. The common carrier shall—
“(c) Refund.—Upon receipt of submissions under subsection (a), if the Commission determines that a charge does not comply with section 41104(a) or 41102, the Commission shall promptly order the refund of charges paid.
“(d) Penalties.—In the event of a finding that a charge does not comply with section 41104(a) or 41102 after submission under subsection (a), a civil penalty under section 41107 shall be applied to the common carrier making such charge.
“(e) Considerations.—If the common carrier assessing the charge is acting in the capacity of a non-vessel-operating common carrier, the Commission shall, while conducting an investigation under subsection (b), consider—
(b) Clerical amendment.—The analysis for chapter 413 of title 46, United States Code, is amended by adding at the end the following:
“41310. Charge complaints.”.
SEC. 12. Award of additional amounts.
Section 41305(c) of title 46, United States Code is amended by striking “41102(b)” and inserting “subsection (b) or (c) of section 41102”.
SEC. 13. Enforcement of reparation orders.
Section 41309 of title 46, United States Code, is amended—
SEC. 14. Annual report to Congress.
Section 46106(b) of title 46, United States Code, is amended—
(3) by adding at the end the following:
“(7) an identification of any otherwise concerning practices by ocean common carriers, particularly such carriers that are controlled carriers, that are—
“(B) owned or controlled by, a subsidiary of, or otherwise related legally or financially (other than a minority relationship or investment) to a corporation based in a country—
“(i) identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 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 United States Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).”.
SEC. 15. Technical amendments.
(a)Section 41108(a) of title 46, United States Code, is amended by striking “section 41104(1), (2), or (7)” and inserting “paragraph (1), (2), or (7) of section 41104(a)”.
(b)Section 41109(c) of title 46, United States Code, as amended by section 8 of this Act, is further amended by striking “section 41102(a) or 41104(1) or (2) of this title” and inserting “subsection (a) or (d) of section 41102 or paragraph (1) or (2) of section 41104(a)”.
SEC. 16. Dwell time statistics.
(a) Definitions.—In this section:
(b) Authority to collect data.—
(1) IN GENERAL.—Each port, marine terminal operator, and chassis owner or provider with a fleet of over 50 chassis that supply chassis for a fee shall submit to the Director such data as the Director determines to be necessary for the implementation of this section, subject to subchapter III of chapter 35 of title 44, United States Code.
(c) Publication.—Subject to the availability of appropriations, not later than 240 days after the date of enactment of this Act, and not less frequently than monthly thereafter, the Director shall publish statistics relating to the dwell time of equipment used in intermodal transportation at the top 25 ports, including inland ports, by 20-foot equivalent unit, including—
SEC. 17. Federal maritime commission activities.
(a) Public submissions to commission.—The Federal Maritime Commission shall—
(b) Authorization of Office of Consumer Affairs and Dispute Resolution Services.—The Commission shall maintain an Office of Consumer Affairs and Dispute Resolution Services to provide nonadjudicative ombuds assistance, mediation, facilitation, and arbitration to resolve challenges and disputes involving cargo shipments, household good shipments, and cruises subject to the jurisdiction of the Commission.
(c) Enhancing capacity for investigations.—
(1) IN GENERAL.—Pursuant to section 41302 of title 46, United States Code, not later than 18 months after the date of enactment of this Act, the Chairperson of the Commission shall staff within the Bureau of Enforcement, the Bureau of Certification and Licensing, the Office of the Managing Director, the Office of Consumer Affairs and Dispute Resolution Services, and the Bureau of Trade Analysis not fewer than 7 total positions to assist in investigations and oversight, in addition to the positions within the Bureau of Enforcement, the Bureau of Certification and Licensing, the Office of the Managing Director, the Office of Consumer Affairs and Dispute Resolution Services, and the Bureau of Trade Analysis on that date of enactment.
SEC. 18. Temporary emergency authority.
(a) Definitions.—In this section:
(1) COMMON CARRIER.—The term “common carrier” has the meaning given the term in section 40102 of title 46, United States Code.
(2) MOTOR CARRIER.—The term “motor carrier” has the meaning given the term in section 13102 of title 49, United States Code.
(b) Public input on information sharing.—
(1) IN GENERAL.—Not later than 60 days after the date of enactment of this Act, the Federal Maritime Commission shall issue a request for information, seeking public comment regarding—
(c) Authority To require information sharing.—On making a unanimous determination described in subsection (d), the Commission may issue an emergency order requiring any common carrier or marine terminal operator to share directly with relevant shippers, rail carriers, or motor carriers information relating to cargo throughput and availability, in order to ensure the efficient transportation, loading, and unloading of cargo to or from—
(d) Description of determination.—
(1) IN GENERAL.—A determination referred to in subsection (c) is a unanimous determination by the commissioners on the Commission that congestion of carriage of goods has created an emergency situation of a magnitude such that there exists a substantial, adverse effect on the competitiveness and reliability of the international ocean transportation supply system.
(2) FACTORS FOR CONSIDERATION.—In issuing an emergency order pursuant to subsection (c), the Commission shall tailor the emergency order with respect to temporal and geographic scope, taking into consideration the likely burdens on common carriers and marine terminal operators and the likely benefits on congestion relating to the purposes described in section 40101 of title 46, United States Code.
(e) Petitions for exception.—
(1) IN GENERAL.—A common carrier or marine terminal operator subject to an emergency order issued pursuant to this section may submit to the Commission a petition for exception from 1 or more requirements of the emergency order, based on a showing of undue hardship or other condition rendering compliance with such a requirement impracticable.
SEC. 19. Best practices for chassis pools.
(a) In general.—Not later than April 1, 2023, the Federal Maritime Commission shall enter into an agreement with the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine under which the Transportation Research Board shall carry out a study and develop best practices for on-terminal or near-terminal chassis pools that provide service to marine terminal operators, motor carriers, railroads, and other stakeholders that use the chassis pools, with the goal of optimizing supply chain efficiency and effectiveness.
(b) Requirements.—In developing best practices under subsection (a), the Transportation Research Board shall—
(a) In general.—Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Motor Carrier Safety Administration (referred to in this section as the “Administrator”) shall conduct a review of the discretionary waiver authority described in the document issued by the Administrator entitled “Waiver for States Concerning Third Party CDL Skills Test Examiners In Response to the COVID–19 Emergency” and dated August 31, 2021, for safety concerns.
(b) Permanent waiver.—If the Administrator finds no safety concerns after conducting a review under subsection (a), the Administrator shall—
(c)Report.—If the Administrator declines to move forward with a rulemaking for revision under subsection (b), the Administrator shall explain the reasons for declining to move forward with the rulemaking in a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
Section 6702(g) of title 49, United States Code, is amended—
SEC. 22. Review of potential discrimination against transportation of qualified hazardous materials.
(a) In general.—Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of whether there have been any systemic decisions by ocean common carriers to discriminate against maritime transport of qualified hazardous materials by unreasonably denying vessel space accommodations, equipment, or other instrumentalities needed to transport such materials. The Comptroller General shall take into account any applicable safety and pollution regulations.
(b) Consultation.—The Comptroller General of the United States may consult with the Commandant of the Coast Guard and the Chair of the Federal Maritime Commission in conducting the review under this section.
(c) Definitions.—In this section:
(1) HAZARDOUS MATERIALS.—The term “hazardous materials” includes dangerous goods, as defined by the International Maritime Dangerous Goods Code.
(2) OCEAN COMMON CARRIER.—The term “ocean common carrier” has the meaning given such term in section 40102 of title 46, United States Code.
SEC. 23. Transportation Worker Identification Credentials.
(a) Definition of direct assistance to a United States port.—In this section:
(1) IN GENERAL.—The term “direct assistance to a United States port” means the transportation of cargo directly to or from a United States port.
(2) EXCLUSIONS.—The term “direct assistance to a United States port” does not include—
(b) Transportation Worker Identification Credentials.—The Administrator of the Transportation Security Administration and the Commandant of the Coast Guard shall jointly prioritize and expedite the consideration of applications for a Transportation Worker Identification Credential with respect to applicants that reasonably demonstrate that the purpose of the Transportation Worker Identification Credential is for providing, within the interior of the United States, direct assistance to a United States port.
SEC. 24. Use of United States inland ports for storage and transfer of cargo containers.
(a) Meeting.—Not later than 90 days after the date of enactment of this Act, the Assistant Secretary for Transportation Policy, in consultation with the Administrator of the Maritime Administration and the Chairperson of the Federal Maritime Commission, shall convene a meeting of representatives of entities described in subsection (b) to discuss the feasibility of, and strategies for, identifying Federal and non-Federal land, including inland ports, for the purposes of storage and transfer of cargo containers due to port congestion.
(c) Report to Congress.—As soon as practicable after the date of the meeting convened under subsection (a), the Assistant Secretary for Transportation Policy, in consultation with the Administrator of the Maritime Administration and the Chairperson of the Federal Maritime Commission, shall submit to Congress a report describing—
SEC. 25. Report on adoption of technology at United States ports.
Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the adoption of technology at United States ports, as compared to that adoption at foreign ports, including—
(2) an assessment of whether the adoption of technology at United States ports could lower the costs of cargo handling;
SEC. 26. Authorization of appropriations.
Section 46108 of title 46, United States Code, is amended by striking “$29,086,888 for fiscal year 2020 and $29,639,538 for fiscal year 2021” and inserting “$32,869,000 for fiscal year 2022, $38,260,000 for fiscal year 2023, $43,720,000 for fiscal year 2024, and $49,200,000 for fiscal year 2025”.
Calendar No. 311 | |||||
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A BILL | |||||
To amend title 46, United States Code, with respect to prohibited acts by ocean common carriers or marine terminal operators, and for other purposes. | |||||
March 24, 2022 | |||||
Reported with an amendment |