,,ii #aagth ,,congress #b;d ,session ,s4 #cehj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #c1 #bjbb,ms4 ,klobuchar 7for herself1 ,mr4 ,thune1 ,ms4 ,baldwin1 ,mr4 ,hoeven1 ,ms4 ,stabenow1 ,mr4 ,marshall1 ,mr4 ,peters1 ,mr4 ,moran1 ,mr4 ,blumenthal1 ,mr4 ,young1 ,mr4 ,kelly1 ,mrs4 ,blackburn1 ,mr4 ,booker1 and ,ms4 ,ernst7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend title #df1 ,united ,states ,code1 with respect to prohibited acts by ocean common carriers or marine terminal operators1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ocean ,shipping ,reform ,act of #bjbb4 #b4 ,purposes ,section #djaja of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#b7 and inserting the following3 7#b7 ensure an efficient1 competitive1 and economical transportation system in the ocean commerce of the ,united ,states2 2 7#b7 in paragraph 7#c71 by inserting and supporting commerce before needs2 and 7#c7 by striking paragraph 7#d7 and inserting the following3 7#d7 promote the growth and development of ,united ,states exports4 4 #c4 ,service contracts ,section #djejb7;c7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#g7 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#h7 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7#i7 any other essential terms that the ,federal ,maritime ,commission determines necessary or appropriate4 4 #d4 ,shipping exchange registry 7a7 ,in general ,chapter #dje of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #djejd4 ,shipping exchange registry 7a7 ,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 section4 7b7 ,registration ,a person shall register a shipping exchange by filing with the ,federal ,maritime ,commission 7referred to in this section as the ,commission7 an application for registration in such form as the ,commission1 by rule1 may prescribe containing the rules of the exchange and such other information and documents as the ,commission1 by rule1 may prescribe as necessary or appropriate in the public interest4 7c7 ,exemption ,the ,commission may exempt1 conditionally or unconditionally1 a shipping exchange from registration under this section if the ,commission finds that the shipping exchange is subject to comparable1 comprehensive supervision and regulation by the appropriate governmental authorities in a foreign country where the shipping exchange is headquartered4 7d7 ,regulations ,not later than #c years after the date of enactment of the ,ocean ,shipping ,reform ,act of #bjbb1 the ,commission shall issue regulations pursuant to subsection 7a71 which shall set standards necessary to carry out subtitle ,,iv of this title for registered national shipping exchanges1 including the minimum requirements for service contracts established under section #djejb of this title4 7e7 ,definition of shipping exchange ,in this section1 the term shipping exchange means a service or platform for shippers to communicate freight traffic and capacity information to common carriers4 4 7b7 ,applicability ,the registration requirement under section #djejd of title #df1 ,united ,states ,code 7as added by subsection 7a771 shall take effect on the date on which the ,federal ,maritime ,commission states the rule is effective in the regulations issued under such section4 7c7 ,clerical amendment ,the analysis for chapter #dje of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #djejd4 ,shipping exchange registry4 4 #e4 ,prohibition on retaliation ,section #daajb of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,prohibition on retaliation 7#a7 ,in general ,a common carrier1 marine terminal operator1 or ocean transportation intermediary1 either alone or in conjunction with any other person1 directly or indirectly1 may not retaliate against a shipper1 a motor carrier1 or an agent of such a shipper or carrier by taking any action described in paragraph 7#b7 because the shipper or motor carrier has patronized another common carrier1 marine terminal operator1 or ocean transportation intermediary1 or has filed a complaint1 or for any other reason4 7#b7 ,actions ,the actions described in this paragraph are-- 7,a7 refusing1 or threatening to refuse1 cargo space accommodations when available2 or 7,b7 resorting to any other prohibited actions under section #daajd7;a77#c74 4 #f4 ,public disclosure ,section #dfajf of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,public disclosures ,the ,federal ,maritime ,commission shall publish1 and annually update1 on the website of the ,commission-- 7#a7 all findings by the ,commission of false certifications by common carriers or marine terminal operators under section #daajd7;a77#ae7 of this title2 and 7#b7 all penalties imposed or assessed against common carriers or marine terminal operators1 as applicable1 under sections #daajg1 #daajh1 and #daaji1 listed by each common carrier or marine terminal operator4 4 #g4 ,common carriers 7a7 ,in general ,section #daajd of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking may not and inserting shall not2 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 with due regard being given to the proper loading of the vessel and the available tonnage1 refuse cargo space accommodations when available1 or resort to other unfair or unjustly discriminatory methods2 2 7,c7 in paragraph 7#e71 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 charges2 7,d7 in paragraph 7#i71 by inserting against any commodity group or type of shipment or in the matter of rates or charges after disadvantage2 7,e7 in paragraph 7#aj71 by adding 1 including with respect to vessel space accommodations after negotiate2 7,f7 in paragraph 7#ab7 by striking 2 or and inserting a semicolon2 7,g7 in paragraph 7#ac7 by striking the period and inserting a semicolon2 and 7,h7 by adding at the end the following3 7#ad7 assess any party for a charge that is inconsistent or does not comply with all applicable provisions of part #ede of title #df1 ,code of ,federal ,regulations 7or successor regulations72 or 7#ae7 invoice any party for demurrage or detention charges1 unless accompanied by an accurate certification that such charges comply with-- 7,a7 all provisions of part #ede of title #df1 ,code of ,federal ,regulations 7or successor regulations72 and 7,b7 the findings of the final rule published on ,may #ah1 #bjbj1 entitled ,interpretive ,rule on ,demurrage and ,detention ,under the ,shipping ,act 7#he ,fed4 ,reg4 #bifch74 2 and 7#b7 by adding at the end the following3 7d7 ,violation of prohibition ,if the ,commission determines1 after an investigation in response to a submission under section #dacaj1 that a certification under subsection 7a77#ae7 was inaccurate or false1 penalties under section #daajg shall be applied4 7e7 ,certification ,failure to include a certification under subsection 7a77#ae7 alongside any demurrage or detention charge shall eliminate any obligation of the charged party to pay the applicable charge4 4 7b7 ,rulemaking on demurrage or detention 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,federal ,maritime ,commission shall issue rulemaking further defining prohibited practices by common carriers1 marine terminal operators1 shippers1 and ocean transportation intermediaries under section #daajb7;c7 of title #df1 ,united ,states ,code1 regarding the assessment of demurrage or detention charges4 7#b7 ,contents ,the rulemaking under paragraph 7#a7 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 #ah1 #bjbj1 titled ,interpretive ,rule on ,demurrage and ,detention ,under the ,shipping ,act 7#he ,fed4 ,reg4 #bifch71 including a determination of which parties may be appropriately billed for any demurrage1 detention1 or other similar per container charges4 7c7 ,rulemaking on unfair or unjustly discriminatory methods ,not later than #a year after the date of enactment of this ,act1 the ,federal ,maritime ,commission shall issue rulemaking defining unfair or unjustly discriminatory methods under section #daajd7;a77#c7 of title #df1 as amended by this section4 7d7 ,rulemaking on unreasonably refuse ,to deal or negotiate with respect to vessel space accommodations ,not later than #a year after the date of enactment of this ,act1 the ,federal ,maritime ,commission shall issue rulemaking defining unreasonable refusal to deal or negotiate with respect to vessel space under section #daajd7;a77#aj7 of title #df1 as amended by this section4 #h4 ,assessment of penalties or refunds 7a7 ,in general ,title #df1 ,united ,states ,code1 is amended-- 7#a7 in section #daajg-- 7,a7 in the section heading1 by inserting or refunds after penalties2 7,b7 in subsection 7a71 by inserting or1 in addition to or in lieu of a civil penalty1 is liable for the refund of a charge after civil penalty2 and 7,c7 in subsection 7b71 by inserting or1 in addition to or in lieu of a civil penalty1 the refund of a charge1 after civil penalty2 and 7#b7 in section #daaji-- 7,a7 in the section heading1 by inserting or refunds after penalties2 7,b7 in subsection 7a7-- 7i7 by inserting or1 in addition to or in lieu of a civil penalty1 order the refund of a charge after this part2 and 7ii7 by inserting or refund of such charge after conditions1 a civil penalty2 7,c7 by striking subsection 7c72 7,d7 by redesignating subsections 7d7 through 7g7 as subsections 7c7 through 7f72 7,e7 in subsection 7d71 as redesignated by subparagraph 7,d71 by inserting or order a refund of a charge after civil penalty2 7,f7 in subsection 7e71 as redesignated by subparagraph 7,d71 by inserting or who is ordered to refund a charge after civil penalty is assessed2 and 7,g7 in subsection 7f71 as redesignated by subparagraph 7,d7-- 7i7 by inserting or pay a refund of a charge after of a civil penalty2 and 7ii7 by inserting or the amount ordered to be refunded after amount assessed4 7b7 ,clerical amendments ,the analysis for chapter #daa of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking the item relating to section #daajg and inserting the following3 #daajg4 ,monetary penalties or refunds4 2 and 7#b7 by striking the item relating to section #daaji and inserting the following3 #daaji4 ,assessment of penalties or refunds4 4 #i4 ,data collection 7a7 ,in general ,chapter #daa of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #daaaj4 ,data collection 7a7 ,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 #bj-;foot equivalent units per vessel 7making port in the ,united ,states1 including any territory or possession of the ,united ,states7 operated by such common carrier4 7b7 ,prohibition on duplication ,data required to be reported under subsection 7a7 may not duplicate information-- 7#a7 submitted to the ,corps of ,engineers pursuant to section #aa of the ,act entitled ,an ,act authorizing the construction1 repair1 and preservation of certain public works on rivers and harbors1 and for other purposes1 approved ,september #bb1 #aibb 7#cc ,u4,s4,c4 #eee71 by an ocean common carrier acting as a vessel operator2 or 7#b7 submitted pursuant to section #dha of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adha7 to ,customs and ,border ,protection by merchandise importers4 4 7b7 ,clerical amendment ,the analysis for chapter #daa of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #daaaj4 ,data collection4 4 #aj4 ,charge complaints 7a7 ,in general ,chapter #dac of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #dacaj4 ,charge complaints 7a7 ,in general ,a person may submit to the ,federal ,maritime ,commission1 and the ,commission shall accept1 information concerning charges4 ,the information submitted to the ,commission may include the bill of lading numbers1 certifications1 or any other relevant information4 7b7 ,investigation ,upon receipt of a submission under subsection 7a71 with respect to a charge assessed by a common carrier1 the ,commission shall promptly investigate the charge with regard to compliance with section #daajd7;a74 ,the common carrier shall-- 7#a7 be provided an opportunity to submit additional information related to the charge in question2 and 7#b7 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 #ede4e of title #df1 ,code of ,federal regulations 7or successor regulations74 7c7 ,refund ,upon receipt of submissions under subsection 7a71 if the ,commission determines that a charge does not comply with section #daajd7;a71 the ,commission shall promptly order the refund of any demurrage and detention charges paid4 7d7 ,penalties ,in the event of a finding that a charge does not comply with section #daajd7;a7 after submission under subsection 7a71 a civil penalty under section #daajg shall be applied to the common carrier making such charge4 4 7b7 ,clerical amendment ,the analysis for chapter #dac of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #dacaj4 ,charge complaints4 4 #aa4 ,investigations 7a7 ,amendments ,section #dacjb of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the first sentence1 by striking or agreement and inserting agreement1 fee1 or charge2 and 7#b7 in subsection 7b7-- 7,a7 in the subsection heading1 by striking ,agreement and inserting ,agreement1 fee1 or charge2 and 7,b7 by inserting 1 fee1 or charge after agreement4 7b7 ,report ,the ,federal ,maritime ,commission shall publish on a publicly available website of the ,commission a report containing the results of the investigation entitled ,fact ,finding ,no4 #bi1 ,international ,ocean ,transportation ,supply ,chain ,engagement4 #ab4 ,award of additional amounts ,section #dacje of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 by striking section #daajb7;b71 through or 7#c7 and inserting subsection 7b71 7c71 or 7d7 of section #daajb1 paragraph 7#c7 or 7#f7 of section #daajd7;a71 or paragraph 7#a7 or 7#c7 of section #daaje2 and 7,b7 by inserting or if the ,commission determined that a violation of section #daajd7;a7 of this title was made1 after of this title2 and 7#b7 in subsection 7d71 by striking section #daajd7d77;,a7 or 7,b7 and inserting subparagraph 7,a7 or 7,b7 of section #daajd7;a77#d74 #ac4 ,enforcement of reparation orders 7a7 ,in general ,section #dacji of title #df1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by inserting or refund after reparation2 7#b7 in subsection 7a7-- 7,a7 by inserting or refund of a charge after payment of reparation2 and 7,b7 by inserting or to whom the refund of the charge was ordered after award was made2 and 7#c7 in subsection 7b71 by inserting or refund of such a charge after award of reparation4 7b7 ,clerical amendment ,the analysis for chapter #dac of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #dacji and inserting the following3 #dacji4 ,enforcement of reparation or refund orders4 4 #ad4 ,annual report to ,congress ,section #dfajf7;b7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#e7 by striking and at the end2 7#b7 in paragraph 7#f71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7#g7 an identification of any otherwise concerning practices by ocean common carriers1 particularly such carriers that are controlled carriers1 that are-- 7,a7 ,state-owned or ,state-controlled enterprises2 or 7,b7 owned or controlled by1 a subsidiary of1 or otherwise related legally or financially 7other than a minority relationship or investment7 to a corporation based in a country-- 7i7 identified as a nonmarket economy country 7as defined in section #gga7ah7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7ah777 as of the date of enactment of this paragraph2 7ii7 identified by the ,united ,states ,trade ,representative in the most recent report required by section #ahb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbdb7 as a priority foreign country under subsection 7a77#b7 of that section2 or 7iii7 subject to monitoring by the ,united ,states ,trade ,representative under section #cjf of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaf74 4 #ae4 ,technical amendments 7a7 ,additional penalties ,section #daajh7;a7 of title #df1 ,united ,states ,code1 is amended by striking section #daajd7a71 7#b71 or 7#g7 and inserting paragraph 7#a71 7#b71 or 7#g7 of section #daajd7;a74 7b7 ,assessment of penalties ,section #daaji7;c7 of title #df1 ,united ,states ,code1 is amended by striking section #daajd7a7 or 7#b7 and inserting paragraph 7#a7 or 7#b7 of section #daajd7;a74