{"format":1,"id":"117-hr-4996","congress":117,"number":"H.R. 4996","kind":"bill","group":"bills","title":"Ocean Shipping Reform Act of 2021","title_source":"Short Title(s) as Passed House","official_title":"To amend title 46, United States Code, with respect to prohibited acts by ocean common carriers or marine terminal operators, and for other purposes.","titles":[{"type":"Official Title as Introduced","title":"To amend title 46, United States Code, with respect to prohibited acts by ocean common carriers or marine terminal operators, and for other purposes."},{"type":"Short Titles from RFS (Referred to Senate) bill text","title":"Ocean Shipping Reform Act of 2021"},{"type":"Display Title","title":"Ocean Shipping Reform Act of 2021"},{"type":"Short Title(s) as Introduced","title":"Ocean Shipping Reform Act of 2021"},{"type":"Short Title(s) as Passed House","title":"Ocean Shipping Reform Act of 2021"}],"outcome":"passed_house","law_number":null,"introduced":"2021-08-10","chambers":{"house":{"status":"roll_call","date":"2021-12-08","vote":{"id":"117-2021-h406","question":"On Motion to Suspend the Rules and Pass, as Amended","title":"Ocean Shipping Reform Act of 2021","result":"Passed","yea":364,"nay":60,"present":0,"not_voting":9,"source":"https://clerk.house.gov/evs/2021/roll406.xml"}},"senate":{"status":"na","date":null,"vote":null}},"president":{"status":"na","date":null},"vice_president_tie_breaker":null,"latest_action":{"text":"Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.","date":"2021-12-09"},"nominees":null,"amendments":[],"other_votes":[],"crs_summary":{"date":"2021-12-08","stage":"Passed House","blocks":[{"k":"h","t":"Ocean Shipping Reform Act of 2021"},{"k":"p","t":"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."},{"k":"p","t":"Among other provisions, the bill"},{"k":"li","t":"sets forth requirements for operating a shipping exchange involving ocean transportation in the foreign commerce of the United States;","d":1},{"k":"li","t":"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;","d":1},{"k":"li","t":"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;","d":1},{"k":"li","t":"revises annual reporting requirements for the FMC on foreign laws and practices to include practices by ocean common carriers;","d":1},{"k":"li","t":"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;","d":1},{"k":"li","t":"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;","d":1},{"k":"li","t":"authorizes the FMC to initiate investigations of an ocean common carrier's fees or charges and apply enforcement measures, as appropriate;","d":1},{"k":"li","t":"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","d":1},{"k":"li","t":"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.","d":1}],"words":308},"summary":{"main_subject":{"text":"Amends the shipping law in title 46, United States Code, to change the rules that apply to ocean common carriers and marine terminal operators, including rules on demurrage and detention charges, retaliation, declined cargo, data reporting and penalties.","cites":[{"label":"Sec. 8","href":"https://www.congress.gov/bill/117th-congress/house-bill/4996/text/eh#H517E4A6FA644406A8A8713125371EC01"},{"label":"Sec. 9","href":"https://www.congress.gov/bill/117th-congress/house-bill/4996/text/eh#H26CF71D7478947EB9F0DEA7F07D83921"},{"label":"Sec. 10","href":"https://www.congress.gov/bill/117th-congress/house-bill/4996/text/eh#H8FB7B874F5C44803A619042BFE5843A2"},{"label":"Sec. 11","href":"https://www.congress.gov/bill/117th-congress/house-bill/4996/text/eh#H25547986AE36403FA770EFD0C251B817"}]},"core_areas":["Demurrage and detention charges and certification","Prohibited practices by ocean common carriers and marine terminal operators","Shipping exchange registration and carrier data reporting","Federal Maritime Commission penalties, refunds and public disclosures","Supply chain data study and temporary emergency information-sharing authority"],"what_it_does":[{"text":"Bars a common carrier, marine terminal operator or ocean transportation intermediary from retaliating against a shipper, a shipper's agent or a motor carrier by refusing or threatening to refuse cargo space or by using other unfair or unjustly discriminatory methods.","cite":{"label":"Sec. 8","href":"https://www.congress.gov/bill/117th-congress/house-bill/4996/text/eh#H517E4A6FA644406A8A8713125371EC01"}},{"text":"Prohibits charging demurrage or detention unless accompanied by an accurate certification that the charge complies with Federal Maritime Commission rules, and eliminates the charged party's obligation to pay a charge issued without the certification.","cite":{"label":"Sec. 10","href":"https://www.congress.gov/bill/117th-congress/house-bill/4996/text/eh#H8FB7B874F5C44803A619042BFE5843A2"}},{"text":"Adds as prohibited acts the unreasonable declining of export cargo bookings and the failure to furnish containers and other facilities needed for transportation services, and requires the Commission to start a rulemaking defining \"unreasonably decline\" within 90 days of enactment.","cite":{"label":"Sec. 9","href":"https://www.congress.gov/bill/117th-congress/house-bill/4996/text/eh#H26CF71D7478947EB9F0DEA7F07D83921"}},{"text":"Requires common carriers to submit a calendar quarterly report to the Federal Maritime Commission on total import and export tonnage and total loaded and empty 20-foot equivalent units per vessel making port in the United States.","cite":{"label":"Sec. 5","href":"https://www.congress.gov/bill/117th-congress/house-bill/4996/text/eh#H239C6872E63B45448C30879C4384A1DB"}},{"text":"Allows the Commission to order refunds of money in addition to or instead of civil penalties, and extends the additional penalty provisions to violations of the new prohibitions.","cite":{"label":"Sec. 11","href":"https://www.congress.gov/bill/117th-congress/house-bill/4996/text/eh#H25547986AE36403FA770EFD0C251B817"}},{"text":"Authorizes the Commission, on a unanimous determination that congestion has created an emergency, to issue an emergency order of up to 60 days requiring carriers or terminal operators to share cargo throughput and availability information, with the authority ending 2 years after enactment.","cite":{"label":"Sec. 17","href":"https://www.congress.gov/bill/117th-congress/house-bill/4996/text/eh#HAB16A2E4268B4E12B656846724BCD169"}}],"unexpected":[{"category":"off_subject","items":[{"cite":{"label":"Sec. 6","href":"https://www.congress.gov/bill/117th-congress/house-bill/4996/text/eh#H3D87547100E8407198CFFE7282614B78"},"heading":"National shipper advisory committee","effect":"Adds customs brokers and freight forwarders to the groups named in the membership provision for the national shipper advisory committee.","amount":null,"quote":"including customs brokers or freight forwarders"},{"cite":{"label":"Sec. 15","href":"https://www.congress.gov/bill/117th-congress/house-bill/4996/text/eh#HE999CDC0947B41F597952BA8FAD21E1B"},"heading":"Authorization of appropriations","effect":"Replaces the appropriations authorization figures in section 46108 of title 46 with $32,603,492 for fiscal year 2022 and $35,863,842 for fiscal year 2023.","amount":null,"quote":"$29,086,888 for fiscal year 2020 and $29,639,538 for fiscal year 2021"},{"cite":{"label":"Sec. 18","href":"https://www.congress.gov/bill/117th-congress/house-bill/4996/text/eh#H8EC30B830DF644D58F75908E52892C0A"},"heading":"Determination of budgetary effects","effect":"Directs that the budgetary effects of the Act under the Statutory Pay-As-You-Go Act of 2010 be determined by the latest PAYGO statement printed in the Congressional Record.","amount":null,"quote":"shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act"}]},{"category":"selective_carve_out","items":[{"cite":{"label":"Sec. 4","href":"https://www.congress.gov/bill/117th-congress/house-bill/4996/text/eh#HE2458C1A85064EA581E6A3AC97E935F8"},"heading":"Shipping exchange registry","effect":"Lets the Federal Maritime Commission exempt a shipping exchange from registration and licensing if the exchange is under comparable supervision by authorities in its home country.","amount":null,"quote":"The Commission may exempt, conditionally or unconditionally, a shipping exchange from registration and licensing under this section"}]},{"category":"process_change","items":[{"cite":{"label":"Sec. 13","href":"https://www.congress.gov/bill/117th-congress/house-bill/4996/text/eh#HD0FE87EB91BB49459DC16D5C1DC5C0C3"},"heading":"Injunctive relief","effect":"Changes the court procedure for injunctive relief under section 41307(b) by striking a sentence and allowing a court to let a third party intervene in a civil action.","amount":null,"quote":"The court may allow a third party to intervene in a civil action brought under this section."}]}],"version":{"type":"Engrossed in House","date":"2021-12-08","rule":"passed","href":"https://www.congress.gov/bill/117th-congress/house-bill/4996/text/eh"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-10-15","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/117th-congress/house-bill/4996","text":"https://www.congress.gov/bill/117th-congress/house-bill/4996/text"},"card":{"image":"card/item/117-hr-4996.png","v":"be32eebf0080","alt":"Votes on Record. H.R. 4996, 117th Congress: Ocean Shipping Reform Act of 2021. House: 364 Yea, 60 Nay. Outcome: Passed House, 8 Dec 2021."}}