2022: Fitzpatrick Voted For The Ocean Shipping Reform Act Of 2022,
Which Required The Federal Maritime Commission To Address The Effects Of
Supply Chain Shortages On Shipping Services And Authorized $164 Million
Through FY 2025 For The Commission's Operations. In June 2022,
according to Congressional Quarterly, Fitzpatrick voted for the Ocean
Shipping Reform Act of 2022, which would "require the Federal Maritime
Commission to initiate related rulemakings, intended to address the
effects of supply chain shortages on shipping services. It would
authorize $33 million for fiscal 2022, $38 million for fiscal 2023,
$44 million for fiscal 2024 and $49 million for fiscal 2025 for FMC
operations." The vote was on passage. The House passed the bill by a
vote of 369-42, thus the bill was sent to the President and ultimately
became law. [House Vote 256,
6/13/22; Congressional
Quarterly, 6/13/22;
Congressional Actions, S.
3580]
The Bill Required The Federal Maritime Commission To Initiate
Rulemakings To Define "Unfair Or Unjustly Discriminatory Methods"
Regarding Shipping, Forbidden Practices Regarding Detention Charges,
And Unreasonable Refusal To Negotiate Vessel Space. According to
Congressional Quarterly, "It would require the FMC to initiate
rulemakings to define unfair or unjustly discriminatory methods with
respect to shipping, prohibited practices regarding demurrage or
detention charges, and unreasonable refusal to deal or negotiate
with respect to vessel space." [Congressional Quarterly,
6/13/22]
The Bill Authorized The Federal Maritime Commission To Issue An
Emergency Order That Would Require Ocean Carriers Or Operators To
Provide Cargo Availability Information With Shippers And Land
Carriers, If The Commission Were To Determine That Congestion
Affected Competitiveness And Reliability Of The Shipping Supply
System. According to Congressional Quarterly, "It would authorize
the commission to issue an emergency order requiring carriers or
operators to share information related to cargo availability
directly with relevant shippers and land carriers to ensure
efficient transportation, if the commission determines after a
public comment period that congestion of the common carriage of
goods has created an emergency situation adversely affecting
competitiveness and reliability of the international shipping supply
system." [Congressional Quarterly,
6/13/22]
The Bill Required The Transportation Department And The Federal
Maritime Commission To Consider Identifying Federal And Non-Federal
Land To Store And Transfer Cargo Containers Due To Port
Congestion. According to Congressional Quarterly, "It would also
require the Transportation Department and FMC to consider the
feasibility of identifying federal and nonfederal land, including
inland ports, for the storage and transfer of cargo containers due
to port congestion." [Congressional Quarterly,
6/13/22]
The Bill Authorized The Transportation Security Administration And
The Coast Guard To Expedite Transportation Worker Identification
Applications For Individuals Who Would Directly Assist In A U.S.
Port. According to Congressional Quarterly, "It would authorize
the Transportation Security Administration and the Coast Guard to
expedite the consideration of transportation worker identification
credential applications for applicants who would help provide direct
assistance to a U.S. port." [Congressional Quarterly,
6/13/22]
The Bill Established Procedures For The Federal Maritime
Commission To Investigate Complaints About Carriers, Required The
Commission To Create An Online Portal To Submit Comments And
Complaints, And Required The Commission To Maintain A Consumer
Affairs And Dispute Resolution Office. According to Congressional
Quarterly, "It would establish procedures for the FMC to accept and
investigate complaints about charges assessed by a carrier; require
the FMC to establish a public webpage for the submission of
comments, complaints, reports of noncompliance and requests for
investigation or alternative dispute resolution; and require the FMC
to maintain a consumer affairs and dispute resolution office to
assist in disputes involving cargo and household goods shipments and
cruises." [Congressional Quarterly,
6/13/22]
The Bill Was The First Major Revision Of U.S. Maritime Regulation
In Over Two Decades. According to CNBC, "President Biden is
signing the bipartisan Ocean Reform Act on Thursday afternoon, the
first major revision of U.S. maritime regulation in more than twenty
years." [CNBC,
6/16/22]
The Bill Addressed The High Detention And Late Fees Charged To
Importers And Exporters, Which Then Are Passed On To The Consumer.
According to CNBC, "The bill addresses the high detention and
demurrage (late fees) charged by the ocean carriers and terminals
which are paid by importers and exporters. These charges are then
passed on to the consumer, adding to inflation." [CNBC,
6/16/22]
The Bill Aimed To Reduce Ocean Shipping Costs, Address The Supply
Chain, And Would Provide The Federal Maritime Commission The
Provisional Authority To Issue Emergency Orders To Reduce Shipping
Congestion Issues. According to Congressional Quarterly, "This
bill includes numerous provisions intended to help reduce ocean
shipping costs and address supply chain issues. For instance, the
measure would give the Federal Maritime Commission temporary
authority to issue emergency orders that would help alleviate
shipping congestion problems." [Congressional Quarterly,
6/10/22]
2022: Fitzpatrick Voted To Require The Federal Maritime Commission To
Make Rules To Address Supply Chain Shortages On Shipping Services. In
March 2022, according to Congressional Quarterly, Fitzpatrick voted for
the Coast Guard Authorization Act of 2022, which would "require the FMC
to initiate related rulemakings, provisions intended to address the
effects of supply chain shortages on shipping services." The vote was on
passage. The House passed the bill by a vote of 378-46, thus the bill
was sent to the Senate. [House Vote 85,
3/29/22; Congressional
Quarterly, 3/29/22;
Congressional Actions, H.R.
6865]
2024: Fitzpatrick Voted To Establish A Complaint Process For Ocean
Shipping Exchanges And To Repeal A Tariff Exemption For Certain
Carriers. In March 2024, Fitzpatrick voted for , according to
Congressional Quarterly, "the bill (HR 1836), as amended, that would
make various amendments and technical corrections to the 2022 Ocean
Shipping Reform Act. Among its provisions, it would establish a formal
process for submitting complaints against shipping exchanges to the
Federal Maritime Commission; repeal a tariff exemption for controlled
carriers of a foreign company that are entitled by U.S. treaty to
receive most-favored-nation treatment; prohibit the FMC from requiring
ocean carriers to report certain information if already reported to
other federal agencies; and require the FMC to issue proposed rules on
data standards for maritime logistics and price indexes for
containerized freight. It also would establish advisory committees on
national ports and national ocean carriers within the FMC. HR 1836 is
the Ocean Shipping Reform Implementation Act." The vote was on passage.
The House passed the bill by a vote of 393 to 24. [House Vote 98,
3/21/24; Congressional
Quarterly, 3/21/24;
Congressional Actions, H.R.
1846]
2022: Fitzpatrick Voted For The Ocean Shipping Reform Act Of 2022,
Which Updated Several Requirements And Standards For Ocean Common
Carriers And Marine Terminal Operators. In June 2022, according to
Congressional Quarterly, Fitzpatrick voted for the Ocean Shipping Reform
Act of 2022, which would "update various requirements and standards for
ocean common carriers and marine terminal operators." The vote was on
passage. The House passed the bill by a vote of 369-42, thus the bill
was sent to the President and ultimately became law. [House Vote 256,
6/13/22; Congressional
Quarterly, 6/13/22;
Congressional Actions, S.
3580]
The Bill Prohibited Ocean Carriers Or Operators From Unreasonably
Preferring To Or Discriminating Against Any Commodity Group Or
Shipment Type; Retaliating Against Shippers; Unreasonably Refusing
To Provide Cargo Space Accommodations; And Charging Detention Fees
Without Ensuring The Charges Comply With Federal Maritime Commission
Rules. According to Congressional Quarterly, "Among other
provisions, it would prohibit carriers or operators from giving
unreasonable preference to or taking discriminatory action against
any commodity group or type of shipment; retaliating against
shippers, including by refusing or threatening to refuse cargo space
accommodations; 'unreasonably' refusing cargo space accommodations
when available; and charging demurrage or detention fees, which are
incurred for delays in unloading cargo, without certifying that the
charges comply with FMC rules." [Congressional Quarterly,
6/13/22]
The Biden Administration Emphasized The Bill Would Help Decrease
Costs And Ensure Fair Treatment Of Businesses, Including Agriculture
Businesses. According to CNBC, "The Biden administration says the
new law will help reduce costs for families and ensure fair
treatment for American businesses including the agriculture
industry." [CNBC,
6/16/22]
2022: Fitzpatrick Voted To Update Various Requirements And Shipping
Standards For Ocean Common Carriers And Marine Terminal Operators. In
March 2022, according to Congressional Quarterly, Fitzpatrick voted for
the Coast Guard Authorization Act of 2022, which would "update various
requirements and shipping service standards for ocean common carriers
and marine terminal operators." The vote was on passage. The House
passed the bill by a vote of 378-46, thus the bill was sent to the
Senate. [House Vote 85,
3/29/22; Congressional
Quarterly, 3/29/22;
Congressional Actions, H.R.
6865]
2021: Fitzpatrick Voted For Updating Standards For Ocean Shipping
Regulations, Requiring The Federal Maritime Commission To Address Supply
Chain Issues, And Authorizing $33 Million For FY 2022 And $36 Million
For FY 2023 For The Commission. In December 2021, Fitzpatrick voted
for the Ocean Shipping Reform Act of 2021 which would, according to
Congressional Quarterly, "update various requirements and standards for
ocean common carriers and marine terminal operators and require the
Federal Maritime Commission to initiate related rulemakings, intended to
address the effects of supply chain shortages on shipping services. It
would authorize $33 million for fiscal 2022 and $36 million for fiscal
2023 for FMC operations. Among other provisions, it would require the
commission to initiate a rulemaking to establish minimum shipping
service standards, including for furnishing suitable equipment and
accommodations for receiving cargo and requirements that carriers
establish contingency plans to maintain service during periods of port
congestion and other market disruptions. It would prohibit carriers or
operators from retaliating against shippers by refusing or threatening
to refuse cargo space accommodations; failing to furnish containers or
facilities needed for transportation services; 'unreasonably declining'
cargo bookings if the cargo can be loaded safely and timely on a vessel
scheduled for its destination; and charging demurrage or detention fees,
which are incurred for delays in unloading cargo, without certifying
that the charges comply with FMC rules." The vote was on passage. The
House passed the bill by a vote of 364-60. [House Vote 406,
12/8/21; Congressional
Quarterly, 12/8/21;
Congressional Actions, H.R.
4996]
The Bill Would Decrease The Practice Of Sending Back Empty Cargo
Boxes To China And Other Countries And Grant American Exporters More
Chances To Ship Products. According to Axios, "The bill could
greatly reduce the practice of sending empty cargo boxes back to
China, among other countries, and gives American exporters more
opportunities to ship goods abroad." [Axios,
12/9/21]
The Bill Would Add "Reciprocal Trade" To The Commission's Missions
To Reduce The Trade Imbalance And Address The Unjust Treatment Of
American Exporters. According to Axios, "The bill also adds
'reciprocal trade' as one of the FMC's missions, taking aim at
reducing the U.S.'s trade imbalance and correcting what's been
perceived as unfair treatment of American exporters." [Axios,
12/9/21]
According To A CNBC Investigation, "Ocean Cargo Carriers Have Been
Rejecting Some U.S. Exports Since At Least The Fall Of 2020."
According to Axios, "Ocean cargo carriers have been rejecting some
U.S. exports since at least the fall of 2020, according to a CNBC
investigation." [Axios,
12/9/21]
According To The CNBC Investigation, Carriers Prioritized Empty
Containers And Exporters Would Need To Pay Higher Fees If The
Products Were Shipped. According to Axios, "Carriers notified
exporters that empty containers would be prioritized, the
investigation found, and that they would have to pay higher prices
if commodities were shipped." [Axios,
12/9/21]
The Bill Would Strengthen Shipping Supply Chains As Current
Infrastructure Issues Worsen Inflation And Deter Economic Recovery
From The Pandemic. According to The Hill, "The House on Wednesday
passed a bipartisan bill designed to strengthen shipping supply
chains as ongoing infrastructure issues continue to exacerbate
inflation and slow the economic recovery." [The Hill,
12/8/21]
The Bill Would Require Shopping Carriers To Follow "Minimum
Service Standards" And Prohibit Them From "Unreasonably Declining
Cargo." According to The Hill, "The bill, introduced in August by
California Rep. John Garamendi (D), requires shipping companies to
adhere to 'minimum service standards that meet the public interest'
and blocks them from unreasonably declining cargo." [The Hill,
12/8/21]
The Bill Would Prohibit Shipping Carriers And Port Operators From
Threatening To Retain An Available Cargo Space Against A Shipper, A
Shipper's Agent Or A Motor Carrier. According to The Hill, "Under
the legislation, shipping carriers and port operators are barred
from retaliating against a shipper, a shipper's agent or a motor
carrier by threatening to withhold available cargo space." [The
Hill,
12/8/21]
The Funding For The Federal Maritime Commission Would Be Increased
By 10% And The Commission Would Be Requires To Report Annually On
False Certifications By Shipping Operators And Marine Terminal
Operators. According to The Hill, "It will also increase Federal
Maritime Commission (FMC) funding by 10 percent and directs the FMC
to release an annual report on shipping operators and marine
terminal operators filing false certifications." [The Hill,
12/8/21]
The Measure Would Be The First Major Update To International
Ocean-Shipping Laws In More Than 20 Years As The U.S. Struggles With
Supply Chain Issues At Ports. According to Bloomberg, "The House
passed legislation Wednesday that provides the first major update of
U.S. international ocean-shipping laws in more than two decades as
the nation grapples with bottlenecks at its ports that are crimping
supply chains." [Bloomberg,
12/8/21]
According To Representatives John Garamendi And Dusty Johnson, The
Bill Would "Protect Exporters, Importers And Consumers From Unfair
Practices" And Update The Federal Maritime Commission's Authority To
Regulate The Industry In 23 Years. According to Bloomberg, "The
bipartisan Ocean Shipping Reform Act gives the Federal Maritime
Commission an updated toolbox to protect exporters, importers, and
consumers from unfair practices, updating the watchdog's authority
to regulate the industry for the first time since 1998,
Representative John Garamendi, a California Democrat who
co-sponsored the legislation with South Dakota Republican
Representative Dusty Johnson, said in a statement." [Bloomberg,
12/8/21]
2021: Fitzpatrick Voted For Ensuring Efficient Shipping By Requiring
Carriers To Report Information Regarding Cargo Availability Directly
With Shippers And Land Carriers If The Commission Were To Determine That
Congestion Was Affecting International Shipping Suppling System
Competitive And Reliability. In December 2021, Fitzpatrick voted for
the Ocean Shipping Reform Act of 2021 which would, according to
Congressional Quarterly, "authorize the commission to issue an emergency
order requiring carriers or operators to share information related to
cargo availability directly with relevant shippers and land carriers to
ensure efficient transportation, if the commission determines after a
public comment period that congestion of the common carriage of goods
has created an emergency situation adversely affecting international
shipping supply system competitiveness and reliability." The vote was on
passage. The House passed the bill by a vote of 364-60. [House Vote
406, 12/8/21;
Congressional Quarterly,
12/8/21; Congressional
Actions, H.R.
4996]
The Bill Would Authorize The Federal Maritime Commission The
Ability To Penalize Ocean Carriers And Require Carriers More Public
Disclosure Reports. According to Axios, "It would also give the
Federal Maritime Commission (FMC) more power to penalize ocean
carriers and require more public disclosure from carriers." [Axios,
12/9/21]
The Bill Would Establish A "Shipping Exchange Registry" To Improve
Data Collection And Reporting Practices. According to The Hill,
"Improved data collection and reporting practices will also be put
in place under the bill, through the creation of a shipping exchange
registry." [The Hill,
12/8/21]
2022: Fitzpatrick Voted To Reauthorize The Federal Maritime Commission
Through FY 2023, Including $68.5 Million For The FMC. In March 2022,
according to Congressional Quarterly, Fitzpatrick voted for the Coast
Guard Authorization Act of 2022, which would "reauthorize the U.S. Coast
Guard and Federal Maritime Commission through fiscal 2023, authorizing
approximately $26.7 billion for the Coast Guard and $68.5 million for
the FMC for fiscal years 2022 and 2023." The vote was on passage. The
House passed the bill by a vote of 378-46, thus the bill was sent to the
Senate. [House Vote 85,
3/29/22; Congressional
Quarterly, 3/29/22;
Congressional Actions, H.R.
6865]