USMX Animated PDFs

2 8 \ U S M X 2 0 2 1 A N N U A L R E P O R T 2 0 2 1 R E P O R T O F C O U N S E L provide loans to small businesses to cover payroll obligations and operating costs. The Coronavirus Aid, Relief, and Economic Security (CARES) Act followed on March 27, 2020, which authorized more than $2 trillion to baOle COVID-19 and its economic effects. It provided immediate cash relief for individuals, loan programs for small businesses, support for hospitals and other medical providers, and various types of economic relief for impacted businesses and industries. FEDERAL LEGISLATION Ocean Shipping Reform Act of 2021 (H.R. 4996) (OSRA 2021) This legislation was introduced in August 2021, in response to shipper complaints about supply chain problems and port congestion throughout the country. The bill would impose minimum requirements on ocean carrier service contracts, shiM the burden of proof in Federal Maritime Commission (FMC) proceedings from shippers to the ocean carriers, mandate that ocean carriers cannot decline export cargo if the containers can be loaded safely and within a reasonable time frame, and establishes a new process for addressing demurrage and detention complaints, thereby giving the FMC a more proactive role in investigating the complaints. The bill codifies the FMC's Interpretive Rule on Demurrage and Detention under the Shipping Act that took effect in May 2020 and obligates ocean carriers to adhere to minimum service standards that meet the public interest, as determined by the FMC in new, required rulemaking. The bill passed the House at year end by a vote of 364-60 and was referred to the Senate CommiOee on Commerce, Science, and Transportation. A related bill is expected to be introduced in the Senate in 2022. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) During 2021, the EEOC regularly issued updated guidance addressing COVID-19 inquiries and the federal anti-discrim- ination laws that the EEOC enforces. Such guidance dealt with religious objections to COVID-19 vaccination requirements, the right of employees and job applicants to be free of retaliation for asserting their rights under any anti-discrim- ination law, and when COVID-19 may be considered a disability. FEDERAL MARITIME COMMISSION (FMC) Fact Finding No. 29: International Ocean Transportation Supply Chain Engagement In March 2020, the FMC had issued an order authorizing Commissioner Rebecca Dye to identify operational solutions to cargo-delivery-system challenges related to COVID-19. In July 2021, Commissioner Dye presented Interim Recommendations to the FMC, which included 1) issuing an FMC policy statement regarding three areas related to shipper complaints: retaliation, aOorneys' fees, and representational complaints, including trade associations and 2) issuing a rulemaking concerning information to be included on demurrage and detention billings and the timing of such billings. The FMC approved the recommendations in September 2021 and issued policy statements regarding retaliation, aOorneys' fees, and representational complaints in December 2021. A rulemaking concerning demurrage and detention billings is anticipated in 2022. COVID-19 remained the focus during 2021 all over the world, including in the ports where USMX members operate. Throughout the year USMX updated the industry's travel, quarantine, and work-related COVID-19 procedures in accordance with the recommendations issued by the Centers for Disease Control and Prevention (CDC). "

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