117-s-3580117th CongressWALLET

Ocean Shipping Reform Act of 2022

Sponsored By: Senator Klobuchar, Amy [D-MN]

Became Law

Summary

This law tightens oversight of ocean shipping to protect shippers and expand transparency across the supply chain. It centers on stronger protections and transparency in ocean shipping by giving the Federal Maritime Commission new powers to stop unfair charges, require data reporting, and register shipping exchanges.

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  • Shippers and businesses: Carriers and terminal operators are barred from retaliating or discriminating against shippers. A new charge complaint process lets the Commission order refunds for improper demurrage or detention invoices and removes a shipper’s payment obligation if required invoice information is missing.
  • Carriers and platforms: Carriers must provide quarterly import and export tonnage and TEU data. Digital and other shipping exchanges that match shippers and carriers must register with the FMC and face public posting of penalties and findings.
  • Ports, consumers, and the Commission: The law requires public dwell‑time statistics for the top 25 ports, gives the FMC limited emergency authority to address congestion, expands a consumer office with mediation services, and boosts FMC investigative staffing including at least seven new positions and a chassis‑pool study capped at $500,000.

*Net effect: increases federal spending by authorizing FMC funding of about $32.9 million in FY2022, rising to $49.2 million in FY2025, and adds operational costs for new staffing and offices.*

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 4 benefits, 0 costs, 2 mixed.

Fairer shipping bills and help for shippers

The law sets clear rules for demurrage and detention bills. Invoices must list container details, free time dates, rates, and a total due. If required info is missing, you do not have to pay. Anyone can send charge complaints to the FMC. The FMC can order refunds and civil penalties and must finish related rules within 6–12 months. Carriers and terminals must not retaliate or unfairly deny cargo space. The FMC also runs a public webpage and an Office to help mediate cargo, household‑goods, and cruise disputes.

More funding and staff for shipping watchdog

The government funds the FMC at $32.869 million (FY2022), $38.26 million (FY2023), $43.72 million (FY2024), and $49.2 million (FY2025). The FMC must add at least seven staff within 18 months to boost investigations, enforcement, and dispute resolution.

New tools to ease port congestion

For 18 months after enactment, the FMC can issue emergency orders to force information sharing when congestion harms reliability. Each order needs a unanimous vote, lasts up to 60 days, and can be renewed only unanimously. Within 90 days, DOT must meet with ports, carriers, rail, trucks, and labor to identify inland storage options and report to Congress. The FMC must hire the Transportation Research Board by April 1, 2023 to study chassis pools and publish best practices by April 1, 2024, using up to $500,000. The law also treats some DOT planning and design funds as emergency, removing certain legal limits.

More public data on carriers and ports

The FMC must post quarterly carrier reports showing import and export tonnage and loaded and empty TEUs per vessel. Carriers must provide needed data, and protected information stays protected. The Bureau of Transportation Statistics must publish dwell‑time stats for the top 25 ports by 240 days after enactment and monthly after. Its data collection needs OMB approval and ends December 31, 2026. The FMC’s annual report to Congress must flag concerning carrier practices, with a focus on state‑controlled and certain foreign‑linked carriers.

Rules for shipping exchanges and contracts

You cannot run a shipping exchange in U.S. foreign trade unless it is registered with the FMC. The FMC sets registry rules within three years and may exempt exchanges under strong foreign oversight. The FMC can use rulemaking to allow other essential terms in service contracts. Exchange‑listed contracts may be limited to essential terms.

Faster TWIC cards for port workers

If you show your TWIC will directly support a U.S. port by moving cargo to or from it, TSA and the Coast Guard must speed up your application. Mixed loads and trips that do not support port transport do not qualify.

Sponsors & CoSponsors

Sponsor

Klobuchar, Amy [D-MN]

MN • D

Cosponsors

  • Sen. Thune, John [R-SD]

    SD • R

    Sponsored 2/3/2022

  • Sen. Baldwin, Tammy [D-WI]

    WI • D

    Sponsored 2/3/2022

  • Sen. Hoeven, John [R-ND]

    ND • R

    Sponsored 2/3/2022

  • Sen. Stabenow, Debbie [D-MI]

    MI • D

    Sponsored 2/3/2022

  • Sen. Marshall, Roger [R-KS]

    KS • R

    Sponsored 2/3/2022

  • Sen. Peters, Gary C. [D-MI]

    MI • D

    Sponsored 2/3/2022

  • Sen. Moran, Jerry [R-KS]

    KS • R

    Sponsored 2/3/2022

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 2/3/2022

  • Sen. Young, Todd [R-IN]

    IN • R

    Sponsored 2/3/2022

  • Sen. Kelly, Mark [D-AZ]

    AZ • D

    Sponsored 2/3/2022

  • Sen. Blackburn, Marsha [R-TN]

    TN • R

    Sponsored 2/3/2022

  • Sen. Booker, Cory A. [D-NJ]

    NJ • D

    Sponsored 2/3/2022

  • Sen. Ernst, Joni [R-IA]

    IA • R

    Sponsored 2/3/2022

  • Sen. Smith, Tina [D-MN]

    MN • D

    Sponsored 2/8/2022

  • Sen. Crapo, Mike [R-ID]

    ID • R

    Sponsored 2/8/2022

  • Sen. Cortez Masto, Catherine [D-NV]

    NV • D

    Sponsored 2/15/2022

  • Sen. Braun, Mike [R-IN]

    IN • R

    Sponsored 2/15/2022

  • Sen. Warnock, Raphael G. [D-GA]

    GA • D

    Sponsored 2/28/2022

  • Sen. Risch, James E. [R-ID]

    ID • R

    Sponsored 2/28/2022

  • Sen. Bennet, Michael F. [D-CO]

    CO • D

    Sponsored 2/28/2022

  • Sen. Cramer, Kevin [R-ND]

    ND • R

    Sponsored 2/28/2022

  • Sen. Wyden, Ron [D-OR]

    OR • D

    Sponsored 2/28/2022

  • Sen. Blunt, Roy [R-MO]

    MO • R

    Sponsored 2/28/2022

  • Sen. Van Hollen, Chris [D-MD]

    MD • D

    Sponsored 3/3/2022

  • Sen. Boozman, John [R-AR]

    AR • R

    Sponsored 3/3/2022

  • Sen. Padilla, Alex [D-CA]

    CA • D

    Sponsored 3/10/2022

  • Sen. Fischer, Deb [R-NE]

    NE • R

    Sponsored 3/10/2022

  • Sen. Hickenlooper, John W. [D-CO]

    CO • D

    Sponsored 3/15/2022

  • Sen. Cantwell, Maria [D-WA]

    WA • D

    Sponsored 3/24/2022

  • Sen. Wicker, Roger F. [R-MS]

    MS • R

    Sponsored 3/24/2022

Roll Call Votes

All Roll Calls

Yes: 369 • No: 42

house vote • 6/13/2022

On Motion to Suspend the Rules and Pass

Yes: 369 • No: 42

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