2022: Schweikert Voted Against 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, Schweikert voted against 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: Schweikert Voted Against Requiring The Federal Maritime Commission To Make Rules To Address Supply Chain Shortages On Shipping Services. In March 2022, according to Congressional Quarterly, Schweikert voted against 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: Schweikert Voted To Establish A Complaint Process For Ocean Shipping Exchanges And To Repeal A Tariff Exemption For Certain Carriers. In March 2024, Schweikert 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: Schweikert Voted Against 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, Schweikert voted against 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: Schweikert Voted Against Updating Various Requirements And Shipping Standards For Ocean Common Carriers And Marine Terminal Operators. In March 2022, according to Congressional Quarterly, Schweikert voted against 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: Schweikert Voted Against 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, Schweikert voted against 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: Schweikert Voted Against 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, Schweikert voted against 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: Schweikert Voted Against Reauthorizing The Federal Maritime Commission Through FY 2023, Including $68.5 Million For The FMC. In March 2022, according to Congressional Quarterly, Schweikert voted against 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]