Ocean Shipping Reform Act of 2021

3/9/2023, 5:47 PM

Ocean Shipping Reform Act of 2021

This bill revises provisions related to ocean shipping policies and is designed to support the growth and development of U.S. exports and promote reciprocal trade in the common carriage of goods by water in the foreign commerce of the United States.

Among other provisions, the bill

  • sets forth requirements for operating a shipping exchange involving ocean transportation in the foreign commerce of the United States;
  • requires ocean common carriers to report to the Federal Maritime Commission (FMC) each calendar quarter on total import and export tonnage and the total loaded and empty 20-foot equivalent units per vessel that makes port in the United States;
  • requires the FMC to publish and annually update all its findings of false certifications by ocean common carriers or marine terminal operators and all penalties assessed against such carriers or operators;
  • revises annual reporting requirements for the FMC on foreign laws and practices to include practices by ocean common carriers;
  • prohibits ocean common carriers and marine terminal operators from retaliating or discriminating against shippers because such shippers have patronized another carrier, or filed a complaint;
  • directs the FMC to establish rules prohibiting ocean common carriers and marine terminal operators from adopting and applying unjust and unreasonable demurrage and detention fees;
  • authorizes the FMC to initiate investigations of an ocean common carrier's fees or charges and apply enforcement measures, as appropriate;
  • directs the Department of Transportation to seek to enter into an agreement with the National Academy of Sciences to study the U.S. supply chain industry, including data constraints that impede the flow of maritime cargo and add to supply chain inefficiencies; and
  • provides authority for the FMC to issue an emergency order requiring ocean common carriers or marine terminal operators to share directly with relevant shippers, rail carriers, or motor carriers information relating to cargo throughput and availability.
Bill 117 HR 4996, also known as the Ocean Shipping Reform Act of 2021, is a piece of legislation introduced in the US Congress. The main goal of this bill is to address issues within the ocean shipping industry and improve transparency and accountability.

One key aspect of the bill is to require ocean carriers to provide more detailed information about their pricing and fees to shippers. This is aimed at increasing transparency and helping shippers make more informed decisions when choosing a carrier. The bill also seeks to address issues related to detention and demurrage fees, which are charges imposed on shippers for delays in loading and unloading cargo.

Additionally, the Ocean Shipping Reform Act of 2021 aims to enhance the Federal Maritime Commission's (FMC) oversight of the industry. The FMC would be given more authority to investigate and address unfair or deceptive practices by ocean carriers, as well as to enforce regulations related to shipping. Overall, the bill is designed to promote fair competition, protect the interests of shippers, and ensure a more efficient and reliable ocean shipping industry. It is currently being reviewed by Congress and may undergo changes before being voted on.
Congress
117

Number
HR - 4996

Introduced on
2021-08-10

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

12/9/2021

Status of Legislation

Bill Introduced
Introduced to House
Passed in House
Introduced to Senate
Senate to Vote

Purpose and Summary

Ocean Shipping Reform Act of 2021

This bill revises provisions related to ocean shipping policies and is designed to support the growth and development of U.S. exports and promote reciprocal trade in the common carriage of goods by water in the foreign commerce of the United States.

Among other provisions, the bill

  • sets forth requirements for operating a shipping exchange involving ocean transportation in the foreign commerce of the United States;
  • requires ocean common carriers to report to the Federal Maritime Commission (FMC) each calendar quarter on total import and export tonnage and the total loaded and empty 20-foot equivalent units per vessel that makes port in the United States;
  • requires the FMC to publish and annually update all its findings of false certifications by ocean common carriers or marine terminal operators and all penalties assessed against such carriers or operators;
  • revises annual reporting requirements for the FMC on foreign laws and practices to include practices by ocean common carriers;
  • prohibits ocean common carriers and marine terminal operators from retaliating or discriminating against shippers because such shippers have patronized another carrier, or filed a complaint;
  • directs the FMC to establish rules prohibiting ocean common carriers and marine terminal operators from adopting and applying unjust and unreasonable demurrage and detention fees;
  • authorizes the FMC to initiate investigations of an ocean common carrier's fees or charges and apply enforcement measures, as appropriate;
  • directs the Department of Transportation to seek to enter into an agreement with the National Academy of Sciences to study the U.S. supply chain industry, including data constraints that impede the flow of maritime cargo and add to supply chain inefficiencies; and
  • provides authority for the FMC to issue an emergency order requiring ocean common carriers or marine terminal operators to share directly with relevant shippers, rail carriers, or motor carriers information relating to cargo throughput and availability.
Bill 117 HR 4996, also known as the Ocean Shipping Reform Act of 2021, is a piece of legislation introduced in the US Congress. The main goal of this bill is to address issues within the ocean shipping industry and improve transparency and accountability.

One key aspect of the bill is to require ocean carriers to provide more detailed information about their pricing and fees to shippers. This is aimed at increasing transparency and helping shippers make more informed decisions when choosing a carrier. The bill also seeks to address issues related to detention and demurrage fees, which are charges imposed on shippers for delays in loading and unloading cargo.

Additionally, the Ocean Shipping Reform Act of 2021 aims to enhance the Federal Maritime Commission's (FMC) oversight of the industry. The FMC would be given more authority to investigate and address unfair or deceptive practices by ocean carriers, as well as to enforce regulations related to shipping. Overall, the bill is designed to promote fair competition, protect the interests of shippers, and ensure a more efficient and reliable ocean shipping industry. It is currently being reviewed by Congress and may undergo changes before being voted on.
Alternative Names
Official Title as IntroducedTo amend title 46, United States Code, with respect to prohibited acts by ocean common carriers or marine terminal operators, and for other purposes.

Policy Areas
Transportation and Public Works

Potential Impact
Business records
Civil actions and liability
Competitiveness, trade promotion, trade deficits
Congressional oversight
Contracts and agency
Fraud offenses and financial crimes
Government information and archives
Government studies and investigations
Manufacturing
Marine and inland water transportation
Motor carriers
Navigation, waterways, harbors
Railroads
Transportation costs

Comments

Recent Activity

Latest Summary2/28/2022

Ocean Shipping Reform Act of 2021

This bill revises provisions related to ocean shipping policies and is designed to support the growth and development of U.S. exports and promote reciprocal trade in the common carriage of...


Latest Action12/9/2021
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.