[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3262 Reported in Senate (RS)]
<DOC>
Calendar No. 625
117th CONGRESS
2d Session
S. 3262
To improve the efficient movement of freight at ports in the United
States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 2021
Mr. Wicker (for himself, Mrs. Capito, Mr. Moran, Mr. Young, Mrs.
Blackburn, Mr. Thune, Mr. Sullivan, Ms. Cantwell, and Mr. Peters)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
December 12, 2022
Reported by Ms. Cantwell, with an amendment
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To improve the efficient movement of freight at ports in the United
States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Facilitating Relief for Efficient
Intermodal Gateways to Handle Transportation Act'' or the ``FREIGHT
Act''.
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Commission.--The term ``Commission'' means the
Federal Maritime Commission.</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.</DELETED>
<DELETED>SEC. 3. GRANT PROGRAM TO IMPROVE MOVEMENT OF
FREIGHT.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Eligible entity.--The term ``eligible entity''
means--</DELETED>
<DELETED> (A) a port authority;</DELETED>
<DELETED> (B) a State entity; and</DELETED>
<DELETED> (C) a local entity.</DELETED>
<DELETED> (2) Program.--The term ``program'' means the
discretionary grant program established under subsection
(b).</DELETED>
<DELETED> (b) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish, within the
Office of the Secretary, a discretionary grant program relating to
improving the efficient movement of freight at ports.</DELETED>
<DELETED> (c) Goals.--The goals of the program shall be to fund,
through the provision of 1 or more grants, planning projects that--
</DELETED>
<DELETED> (1) identify what would be needed for eligible
entities--</DELETED>
<DELETED> (A) to standardize the definitions of
terms used in port operations and related
documentation, including--</DELETED>
<DELETED> (i) terms used in bills of
lading;</DELETED>
<DELETED> (ii) the terms used to identify
various port call processes; and</DELETED>
<DELETED> (iii) terms used to notify
relevant stakeholders that the freight of those
stakeholders is available; or</DELETED>
<DELETED> (B) to develop the technology needed to
improve communication of eligible entities with respect
to freight location, availability, and equipment
among--</DELETED>
<DELETED> (i) port authorities;</DELETED>
<DELETED> (ii) marine terminal
operators;</DELETED>
<DELETED> (iii) shippers;</DELETED>
<DELETED> (iv) rail carriers;</DELETED>
<DELETED> (v) motor carriers and drayage
providers; and</DELETED>
<DELETED> (vi) other relevant stakeholders;
and</DELETED>
<DELETED> (2) result in a planning document described in
subsection (e).</DELETED>
<DELETED> (d) Application.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary an
application, at such time, in such manner, and containing such
information as the Secretary may require, including a description of
the means by which the eligible entity will incorporate the views and
input of other port stakeholders in identifying what would be needed to
standardize the definitions described in subsection (c)(1)(A) and
develop the technology described in subsection (c)(1)(B).</DELETED>
<DELETED> (e) Planning Document.--Each eligible entity that receives
a grant under the program shall develop and submit to the Secretary, at
such time as the Secretary determines to be appropriate, a planning
document that--</DELETED>
<DELETED> (1) identifies what would be necessary to
standardize the applicable definitions;</DELETED>
<DELETED> (2) identifies what would be necessary to develop
the applicable technology;</DELETED>
<DELETED> (3) includes input from relevant stakeholders,
such as marine terminal operators, port authorities, State and
local governments, ocean carriers, barge operators, motor
carriers, rail carriers, drayage providers, chassis providers,
and freight forwarders and brokers; and</DELETED>
<DELETED> (4) addresses concerns regarding data
privacy.</DELETED>
<DELETED> (f) Project Requirements.--</DELETED>
<DELETED> (1) Federal share.--The Federal share of the total
costs of a project for which a grant is provided under the
program shall be not more than 50 percent.</DELETED>
<DELETED> (2) Maximum grant amount.--The maximum amount of a
grant provided under the program shall be $1,000,000.</DELETED>
<DELETED> (3) Eligible expenses.--A grant provided under the
program may be used for eligible project expenses, including--
</DELETED>
<DELETED> (A) communications hardware and
software;</DELETED>
<DELETED> (B) data management hardware and software;
and</DELETED>
<DELETED> (C) planning and engineering
costs.</DELETED>
<DELETED> (g) Grant Information.--At the request of an eligible
entity that receives a grant under the program, the Secretary shall
provide to the eligible entity information relating to other grant
programs offered through the Department of Transportation under which
the planning projects of the eligible entity under the program may be
considered to be an eligible activity.</DELETED>
<DELETED> (h) Lessons Learned.--The Secretary shall--</DELETED>
<DELETED> (1) analyze the information contained in each
planning document submitted under subsection (e); and</DELETED>
<DELETED> (2) develop and make publicly available lessons
learned with respect to standardizing port definitions and
communications technology based on that information.</DELETED>
<DELETED> (i) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$2,500,000 for fiscal year 2023.</DELETED>
<DELETED>SEC. 4. STUDY ON DOCUMENTATION AND TERMS USED IN FREIGHT
TRANSPORTATION.</DELETED>
<DELETED> Not later than 180 days after the date of enactment of
this Act, the Secretary shall enter into an agreement with the National
Academy of Sciences under which the National Academy of Sciences shall
carry out a study--</DELETED>
<DELETED> (1) to identify and document--</DELETED>
<DELETED> (A) the documentation, the data and
information exchange, and other actions necessary to
transport freight from a point of origin overseas to a
destination in the United States, or from a point of
origin in the United States to a destination overseas,
including transportation of the freight--</DELETED>
<DELETED> (i) from the point of origin to an
ocean carrier;</DELETED>
<DELETED> (ii) on an ocean
carrier;</DELETED>
<DELETED> (iii) through any port;
and</DELETED>
<DELETED> (iv) by rail or truck from a port
to the destination;</DELETED>
<DELETED> (B) whether and how the key terms used in
that documentation or the data and information
exchanged, or to describe various actions to move
freight, vary depending on--</DELETED>
<DELETED> (i) the type of freight being
moved;</DELETED>
<DELETED> (ii) the mode by which the freight
moves;</DELETED>
<DELETED> (iii) whether the freight is
required to be moved by multiple
modes;</DELETED>
<DELETED> (iv) the State or region in the
United States from, through, or to which the
freight moves;</DELETED>
<DELETED> (v) the port or marine terminal
operator;</DELETED>
<DELETED> (vi) the origination or
destination of the freight; and</DELETED>
<DELETED> (vii) other relevant criteria;
and</DELETED>
<DELETED> (C) recommendations with respect to means
to rationalize existing terms, documentation, and data
and information exchanged to enable port stakeholders
to better track and manage freight transfer and
delivery; and</DELETED>
<DELETED> (2) to assess and determine--</DELETED>
<DELETED> (A) the data held and shared across
existing, separate data systems used in international
transportation across different modes of
transportation, with respect to methods to link those
data across the existing, separate data
systems;</DELETED>
<DELETED> (B) the best methods to link and enable
effective exchange of those data across existing
systems, both domestically and
internationally;</DELETED>
<DELETED> (C) methods to standardize data obtained
from long-standing separate data systems; and</DELETED>
<DELETED> (D) gaps in existing data and technology
standards that would be necessary to address the
development of systems to allow port stakeholders to
better track and predict--</DELETED>
<DELETED> (i) the location of freight at
ports;</DELETED>
<DELETED> (ii) the availability of freight
for pickup; and</DELETED>
<DELETED> (iii) the ability to receive and
return equipment at ports.</DELETED>
<DELETED>SEC. 5. DWELL TIME STATISTICS.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Director.--The term ``Director'' means the
Director of the Bureau of Transportation Statistics.</DELETED>
<DELETED> (2) Dwell time.--The term ``dwell time'', with
respect to a piece of equipment, means the quantity of time
during which the piece of equipment is--</DELETED>
<DELETED> (A) subject to maintenance; or</DELETED>
<DELETED> (B) in use.</DELETED>
<DELETED> (3) Marine container.--The term ``marine
container'' means an intermodal container with a length of--
</DELETED>
<DELETED> (A) not less than 20 feet; and</DELETED>
<DELETED> (B) not greater than 45 feet.</DELETED>
<DELETED> (b) Authority To Collect Data.--</DELETED>
<DELETED> (1) In general.--Each port, marine terminal
operator, and chassis provider shall submit to the Director
such data as the Director determines to be necessary for the
implementation of this section, subject to subchapter III of
chapter 35 of title 44, United States Code.</DELETED>
<DELETED> (2) Approval by omb.--The Director of the Office
of Management and Budget shall approve an information
collection for purposes of this section by not later than 60
days after the date of enactment of this Act.</DELETED>
<DELETED> (c) Publication.--Not later than 240 days after the date
of enactment of this Act, and not less frequently than monthly
thereafter, the Director shall publish statistics relating to the dwell
time of equipment used in intermodal transportation, including--
</DELETED>
<DELETED> (1) total dwell time, from all causes, of marine
containers and marine container chassis; and</DELETED>
<DELETED> (2) at a minimum, maintenance dwell time and in-
use dwell time of marine containers and marine container
chassis.</DELETED>
<DELETED> (d) Factors.--To the maximum extent practicable, the
Director shall publish the statistics described in subsection (c)--
</DELETED>
<DELETED> (1) on a local, regional, and national basis;
and</DELETED>
<DELETED> (2) at major coastal and inland port
facilities.</DELETED>
<DELETED>SEC. 6. FEDERAL MARITIME COMMISSION ACTIVITIES.</DELETED>
<DELETED> (a) Public Submissions to Commission.--The Chairperson of
the Commission shall--</DELETED>
<DELETED> (1) establish on the public website of the
Commission a webpage that allows for the submission of
comments, complaints, concerns, reports of noncompliance,
requests for investigation, and requests for alternative
dispute resolution; and</DELETED>
<DELETED> (2) direct each submission under the link
established under paragraph (1) to the appropriate component
office of the Commission.</DELETED>
<DELETED> (b) Authorization of Office of Consumer Affairs and
Dispute Resolution Services.--The Commission shall maintain an Office
of Consumer Affairs and Dispute Resolution Services to provide
nonadjudicative ombuds assistance, mediation, facilitation, and
arbitration to resolve challenges and disputes involving cargo
shipments, household good shipments, and cruises subject to the
jurisdiction of the Commission.</DELETED>
<DELETED> (c) Enhancing Capacity for Investigations.--</DELETED>
<DELETED> (1) In general.--Pursuant to section 41302 of
title 46, United States Code, not later than 18 months after
the date of enactment of this Act, the Chairperson of the
Commission shall staff within the Bureau of Enforcement, the
Bureau of Certification and Licensing, the Office of the
Managing Director, the Office of Consumer Affairs and Dispute
Resolution Services, and the Bureau of Trade Analysis not fewer
than 7 total positions to assist in investigations and
oversight, in addition to the positions within the Bureau of
Enforcement, the Bureau of Certification and Licensing, the
Office of the Managing Director, the Office of Consumer Affairs
and Dispute Resolution Services, and the Bureau of Trade
Analysis on that date of enactment.</DELETED>
<DELETED> (2) Duties.--The additional staff appointed under
paragraph (1) shall provide support--</DELETED>
<DELETED> (A) to Area Representatives of the Bureau
of Enforcement;</DELETED>
<DELETED> (B) to attorneys of the Bureau of
Enforcement in enforcing the laws and regulations
subject to the jurisdiction of the
Commission;</DELETED>
<DELETED> (C) for the alternative dispute resolution
services of the Commission; or</DELETED>
<DELETED> (D) for the review of agreements and
activities subject to the authority of the
Commission.</DELETED>
<DELETED>SEC. 7. BEST PRACTICES FOR CHASSIS POOLS.</DELETED>
<DELETED> (a) In General.--Not later than April 1, 2023, the
Commission shall enter into an agreement with the Transportation
Research Board of the National Academies of Sciences, Engineering, and
Medicine under which the Transportation Research Board shall carry out
a study and develop best practices for on-terminal or near-terminal
chassis pools that provide service to marine terminal operators, motor
carriers, railroads, and other stakeholders that use the chassis pools,
with the goal of optimizing supply chain efficiency and
effectiveness.</DELETED>
<DELETED> (b) Requirements.--In developing best practices under
subsection (a), the Transportation Research Board shall--</DELETED>
<DELETED> (1) take into consideration--</DELETED>
<DELETED> (A) practical obstacles to the
implementation of chassis pools; and</DELETED>
<DELETED> (B) potential solutions to those
obstacles; and</DELETED>
<DELETED> (2) address relevant communication practices,
information sharing, and knowledge management.</DELETED>
<DELETED> (c) Publication.--The Commission shall publish the best
practices developed under this section on a publicly available website
by not later than April 1, 2024.</DELETED>
<DELETED> (d) Authorization of Appropriations.--There is authorized
to be appropriated to the Commission to carry out this section
$500,000.</DELETED>
<DELETED>SEC. 8. ENHANCING ANTI-RETALIATION PROTECTIONS.</DELETED>
<DELETED> (a) General Prohibitions.--Section 41102 of title 46,
United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED> ``(d) Retaliation and Other Discriminatory Actions.--A
common carrier, marine terminal operator, or ocean transportation
intermediary, acting alone or in conjunction with any other person,
directly or indirectly, may not--</DELETED>
<DELETED> ``(1) retaliate against a shipper, an agent of a
shipper, an ocean transportation intermediary, or a motor
carrier by refusing, or threatening to refuse, an otherwise-
available cargo space accommodation; or</DELETED>
<DELETED> ``(2) resort to any other unfair or unjustly
discriminatory action for--</DELETED>
<DELETED> ``(A) the reason that a shipper, an agent
of a shipper, an ocean transportation intermediary, or
motor carrier has--</DELETED>
<DELETED> ``(i) patronized another carrier;
or</DELETED>
<DELETED> ``(ii) filed a complaint against
the common carrier, marine terminal operator,
or ocean transportation intermediary;
or</DELETED>
<DELETED> ``(B) any other reason.''.</DELETED>
<DELETED> (b) Conforming Amendments.--</DELETED>
<DELETED> (1) Section 41104 of title 46, United States Code,
is amended--</DELETED>
<DELETED> (A) in subsection (a)--</DELETED>
<DELETED> (i) by striking paragraph (3);
and</DELETED>
<DELETED> (ii) by redesignating paragraphs
(4) through (13) as paragraphs (3) through
(12), respectively;</DELETED>
<DELETED> (B) in subsection (b), by striking
``subsection (a)(13)'' and inserting ``subsection
(a)(12)''; and</DELETED>
<DELETED> (C) in subsection (c), by striking
``subsection (a)(13)'' and inserting ``subsection
(a)(12)''.</DELETED>
<DELETED> (2) Section 41108(a) of title 46, United States
Code, is amended by striking ``section 41104(1), (2), or (7) of
this title'' and inserting ``paragraph (1), (2), or (6) of
section 41104(a)''.</DELETED>
<DELETED> (3) Section 41109(c) of title 46, United States
Code, is amended by striking ``section 41102(a) or 41104(1) or
(2) of this title'' and inserting ``subsection (a) or (d) of
section 41102 or paragraph (1) or (2) of section
41104(a)''.</DELETED>
<DELETED> (4) Section 41305 of title 46, United States Code,
is amended--</DELETED>
<DELETED> (A) in subsection (c), by striking
``41104(3) or (6), or 41105(1) or (3) of this title''
and inserting ``section 41104(a)(5), or paragraph (1)
or (3) of section 41105''; and</DELETED>
<DELETED> (B) in subsection (d), by striking
``section 41104(4)(A) or (B) of this title'' and
inserting ``subparagraph (A) or (B) of section
41104(a)(3)''.</DELETED>
<DELETED> (c) Enhancing Reparations for Violations.--Section
41305(c) of title 46, United States Code (as amended by subsection
(b)(4)(A)), is amended by striking ``41102(b)'' and inserting
``subsection (b) or (c) of section 41102''.</DELETED>
<DELETED>SEC. 9. RELIEF AVAILABLE IN ENFORCEMENT PROCEEDINGS.</DELETED>
<DELETED> (a) Assessment of Penalties.--Section 41109 of title 46,
United States Code, is amended--</DELETED>
<DELETED> (1) by striking subsections (a) and (b) and
inserting the following:</DELETED>
<DELETED> ``(a) General Authority.--Until a matter is referred to
the Attorney General, the Federal Maritime Commission may--</DELETED>
<DELETED> ``(1) after notice and opportunity for a hearing,
in accordance with this part--</DELETED>
<DELETED> ``(A) assess a civil penalty; or</DELETED>
<DELETED> ``(B) in addition to, or in lieu of,
assessing a civil penalty under subparagraph (A), order
a refund of money (including additional amounts in
accordance with section 41305(c)), subject to
subsection (b)(2); and</DELETED>
<DELETED> ``(2) compromise, modify, or remit, with or
without conditions, a civil penalty or refund imposed under
paragraph (1).</DELETED>
<DELETED> ``(b) Determination of Amount.--</DELETED>
<DELETED> ``(1) Factors for consideration.--In determining
the amount of a civil penalty assessed or refund of money
ordered pursuant to subsection (a), the Federal Maritime
Commission shall take into consideration--</DELETED>
<DELETED> ``(A) the nature, circumstances, extent,
and gravity of the violation committed;</DELETED>
<DELETED> ``(B) with respect to the violator--
</DELETED>
<DELETED> ``(i) the degree of
culpability;</DELETED>
<DELETED> ``(ii) any history of prior
offenses;</DELETED>
<DELETED> ``(iii) the ability to pay;
and</DELETED>
<DELETED> ``(iv) such other matters as
justice may require; and</DELETED>
<DELETED> ``(C) the amount of any refund of money
ordered pursuant to subsection (a)(1)(B).</DELETED>
<DELETED> ``(2) Commensurate reduction in civil penalty.--
</DELETED>
<DELETED> ``(A) In general.--In any case in which
the Federal Maritime Commission orders a refund of
money pursuant to subsection (a)(1)(B) in addition to
assessing a civil penalty pursuant to subsection
(a)(1)(A), the amount of the civil penalty assessed
shall be decreased by any additional amounts included
in the refund of money in excess of the actual injury
(as defined in section 41305(a)).</DELETED>
<DELETED> ``(B) Treatment of refunds.--A refund of
money ordered pursuant to subsection (a)(1)(B) shall
be--</DELETED>
<DELETED> ``(i) considered to be
compensation paid to the applicable claimant;
and</DELETED>
<DELETED> ``(ii) deducted from the total
amount of damages awarded to that claimant in a
civil action against the violator relating to
the applicable violation.'';</DELETED>
<DELETED> (2) in subsection (c), by striking ``may not be
imposed'' and inserting ``or refund of money under subparagraph
(A) or (B), respectively, of subsection (a)(1) may not be
imposed'';</DELETED>
<DELETED> (3) in subsection (e), by inserting ``or order a
refund of money'' after ``penalty'';</DELETED>
<DELETED> (4) in subsection (f), by inserting ``, or that is
ordered to refund money,'' after ``assessed''; and</DELETED>
<DELETED> (5) in subsection (g), in the first sentence, by
inserting ``or a refund required under this section'' after
``penalty''.</DELETED>
<DELETED> (b) Enforcement of Reparation Orders.--Section 41309 of
title 46, United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (a), by striking ``reparation,
the person to whom the award was made'' and inserting ``a
refund of money or reparation, the person to which the refund
or reparation was awarded''; and</DELETED>
<DELETED> (2) in subsection (b), in the first sentence--
</DELETED>
<DELETED> (A) by striking ``made an award of
reparation'' and inserting ``ordered a refund of money
or any other award of reparation''; and</DELETED>
<DELETED> (B) by inserting ``(except for the
Commission or any component of the Commission)'' after
``parties in the order''.</DELETED>
<DELETED>SEC. 10. PORT INFRASTRUCTURE PERFORMANCE.</DELETED>
<DELETED> (a) Port and Intermodal Improvement Program.--</DELETED>
<DELETED> (1) Definition of qualifying port authority.--In
this subsection, the term ``qualifying port authority'' means a
container port that is included in the top 10 container ports
with respect to the handling of 20-foot equivalent units of
containerized cargo, as determined in accordance with the most
recent documentation published by the Secretary.</DELETED>
<DELETED> (2) Data-sharing agreement.--</DELETED>
<DELETED> (A) In general.--As a condition of receipt
of a grant under title 23 or 49, United States Code, a
qualifying port authority shall enter into a data-
sharing agreement under which the qualifying port
authority shall submit to the Secretary the data
described in paragraph (3), with a particular emphasis
on cargo throughput data, subject to subparagraphs (B)
and (C).</DELETED>
<DELETED> (B) Consultation.--To the maximum extent
practicable, to avoid duplicative reporting of data,
the Secretary shall coordinate with the Commissioner of
U.S. Customs and Border Protection to receive data
previously collected by U.S. Customs and Border
Protection for purposes of this subsection.</DELETED>
<DELETED> (C) Discretion of secretary.--If the
Secretary determines that any data referred to in
subparagraph (A) are not feasible to collect, the
Secretary may exclude a qualifying port authority from
the requirement to submit those data.</DELETED>
<DELETED> (3) Inclusions.--The data referred to in paragraph
(2)(A) include data collected by a qualifying port authority
relating to--</DELETED>
<DELETED> (A) the total capacity of inbound and
outbound cargo;</DELETED>
<DELETED> (B) the total volume of inbound and
outbound cargo;</DELETED>
<DELETED> (C) the average number of lifts per hour
of containers by crane;</DELETED>
<DELETED> (D) the average vessel turn time,
expressed by vessel type;</DELETED>
<DELETED> (E) the average cargo, container, and
intermodal equipment dwell time;</DELETED>
<DELETED> (F) port storage capacity and
utilization;</DELETED>
<DELETED> (G) modal throughput statistics,
including--</DELETED>
<DELETED> (i) rail statistics; and</DELETED>
<DELETED> (ii) statistics relating to the
time required for any single individual or
truck trailer to return to the same port or
port terminal (commonly known as ``truck turn
time'');</DELETED>
<DELETED> (H) the types of cargo moved;</DELETED>
<DELETED> (I) the presence and location of any
intermodal connectors;</DELETED>
<DELETED> (J) the physical size of each terminal
within applicable port boundaries;</DELETED>
<DELETED> (K) maximum authorized channel depth and
maximum actual and current channel depth;</DELETED>
<DELETED> (L) the schedule of vessel arrivals, for
use in determining vessel on-time
performance;</DELETED>
<DELETED> (M) berth utilization; and</DELETED>
<DELETED> (N) any additional metrics, as determined
by the Secretary.</DELETED>
<DELETED> (4) Origin requirement.--The data required to be
submitted under this subsection shall originate from a port
authority of a qualifying port authority grant
recipient.</DELETED>
<DELETED> (5) Public access to data.--The Secretary shall
ensure that the data compiled under this subsection are readily
accessible to the public, in accordance with applicable
security constraints and confidentiality
requirements.</DELETED>
<DELETED> (6) Authorization of appropriations for voluntary
data-sharing pilot program.--There is authorized to be
appropriated $150,000 for fiscal year 2023 to the Administrator
of the Maritime Administration to carry out, in consultation
with the Director of the Bureau of Transportation Statistics, a
voluntary data-sharing pilot program that involves not less
than a majority of the types of data described in paragraph
(3).</DELETED>
<DELETED> (b) Administration of Policies and Programs by Office of
Multimodal Freight Infrastructure and Policy.--Section 118(d)(3) of
title 49, United States Code (as added by section 21101(a) of the
Infrastructure Investment and Jobs Act), is amended--</DELETED>
<DELETED> (1) in subparagraph (A), by striking ``and'' at
the end;</DELETED>
<DELETED> (2) by redesignating subparagraph (B) as
subparagraph (C); and</DELETED>
<DELETED> (3) by inserting after subparagraph (A) the
following:</DELETED>
<DELETED> ``(B) administer the port and intermodal
improvement program under section 50302(c) of title 46;
and''.</DELETED>
<DELETED>SEC. 11. TEMPORARY EMERGENCY AUTHORITY.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Common carrier.--The term ``common carrier''
has the meaning given the term in section 40102 of title 46,
United States Code.</DELETED>
<DELETED> (2) Motor carrier.--The term ``motor carrier'' has
the meaning given the term in section 13102 of title 49, United
States Code.</DELETED>
<DELETED> (3) Rail carrier.--The term ``rail carrier'' has
the meaning given the term in section 10102 of title 49, United
States Code.</DELETED>
<DELETED> (4) Shipper.--The term ``shipper'' has the meaning
given the term in section 40102 of title 46, United States
Code.</DELETED>
<DELETED> (b) Public Input on Information Sharing.--</DELETED>
<DELETED> (1) In general.--Not later than 30 days after the
date of enactment of this Act, the Commission shall issue a
request for information, seeking public comment regarding--
</DELETED>
<DELETED> (A) whether congestion of the common
carriage of goods has created an emergency situation of
a magnitude such that there exists a substantial,
adverse effect on the competitiveness and reliability
of the international ocean transportation supply
system;</DELETED>
<DELETED> (B) whether an emergency order under this
section would alleviate such an emergency situation;
and</DELETED>
<DELETED> (C) the appropriate scope of such an
emergency order, if applicable.</DELETED>
<DELETED> (2) Consultation.--During the public comment
period under paragraph (1), the Commission may consult, as the
Commission determines to be appropriate, with--</DELETED>
<DELETED> (A) other Federal departments and
agencies; and</DELETED>
<DELETED> (B) persons with expertise relating to
maritime and freight operations.</DELETED>
<DELETED> (c) Authority To Require Information Sharing.--On making a
unanimous determination described in subsection (d), the Commission may
issue an emergency order requiring any common carrier or marine
terminal operator to share directly with relevant shippers, rail
carriers, or motor carriers information relating to cargo throughput
and availability, in order to ensure the efficient transportation,
loading, and unloading of cargo to or from--</DELETED>
<DELETED> (1) any inland destination or point of
origin;</DELETED>
<DELETED> (2) any vessel; or</DELETED>
<DELETED> (3) any point on a wharf or terminal.</DELETED>
<DELETED> (d) Description of Determination.--</DELETED>
<DELETED> (1) In general.--A determination referred to in
subsection (c) is a unanimous determination by the
commissioners on the Commission that congestion of common
carriage of goods has created an emergency situation of a
magnitude such that there exists a substantial, adverse effect
on the competitiveness and reliability of the international
ocean transportation supply system.</DELETED>
<DELETED> (2) Factors for consideration.--In issuing an
emergency order pursuant to subsection (c), the Commission
shall tailor the emergency order with respect to temporal and
geographic scope, taking into consideration the likely burdens
on ocean carriers and marine terminal operators and the likely
benefits on congestion relating to the purposes described in
section 40101 of title 46, United States Code.</DELETED>
<DELETED> (e) Petitions for Exception.--</DELETED>
<DELETED> (1) In general.--A common carrier or marine
terminal operator subject to an emergency order issued pursuant
to this section may submit to the Commission a petition for
exception from 1 or more requirements of the emergency order,
based on a showing of undue hardship or other condition
rendering compliance with such a requirement
impracticable.</DELETED>
<DELETED> (2) Determination.--The Commission shall make a
determination regarding a petition for exception under
paragraph (1) by--</DELETED>
<DELETED> (A) majority vote; and</DELETED>
<DELETED> (B) not later than 21 days after the date
on which the petition is submitted.</DELETED>
<DELETED> (3) Inapplicability pending review.--The
requirements of an emergency order that is the subject of a
petition for exception under this subsection shall not apply to
the petitioner during the period for which the petition is
pending.</DELETED>
<DELETED> (f) Limitations.--</DELETED>
<DELETED> (1) Term.--An emergency order issued pursuant to
this section--</DELETED>
<DELETED> (A) shall remain in effect for a period of
not longer than 60 days; but</DELETED>
<DELETED> (B) may be renewed by a unanimous
determination of the Commission.</DELETED>
<DELETED> (2) Sunset.--The authority provided by this
section shall terminate on the date that is 1 year after the
date of enactment of this Act.</DELETED>
<DELETED>SEC. 12. ADDITIONAL TRANSPORTATION REPRESENTATION.</DELETED>
<DELETED> Section 1325(a) of title 49, United States Code, is
amended--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1), by
striking ``19 members, of which 15 members'' and inserting ``24
members, of whom 18''; and</DELETED>
<DELETED> (2) in paragraph (3)--</DELETED>
<DELETED> (A) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively, and
indenting appropriately;</DELETED>
<DELETED> (B) in the matter preceding clause (i) (as
so redesignated), by striking ``(3) The remaining 6
members of the Council shall'' and inserting the
following:</DELETED>
<DELETED> ``(3)(A) The remaining 9 members of the Council
shall be appointed to'';</DELETED>
<DELETED> (C) in subparagraph (A) (as so
designated)--</DELETED>
<DELETED> (i) in clause (i) (as so
redesignated), by striking ``and'' at the
end;</DELETED>
<DELETED> (ii) in clause (ii) (as so
redesignated), by striking ``organizations (as
determined by the Chairman).'' and inserting
``organizations, as determined by the Chairman;
and''; and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(iii) at least 1 shall be a
representative of marine terminal operators or
ports.''; and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(B) Nothing in this paragraph limits any
provision relating to the appointment of the members under
paragraph (2).''.</DELETED>
<DELETED>SEC. 13. PERMANENT WAIVER.</DELETED>
<DELETED> (a) In General.--Notwithstanding any other provision of
law, the Administrator of the Federal Motor Carrier Safety
Administration shall make permanent the waiver described in the
document issued by the Administrator entitled ``Waiver for States
Concerning Third Party CDL Skills Test Examiners In Response to the
COVID-19 Emergency'' and dated August 31, 2021.</DELETED>
<DELETED> (b) Rulemaking.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal Motor Carrier
Safety Administration shall revise section 384.228 of title 49, Code of
Federal Regulations, to provide that the waiver referred to in
subsection (a) shall be permanent.</DELETED>
SEC. 2. DWELL TIME STATISTICS.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Transportation Statistics.
(2) Marine container.--The term ``marine container'' means
an intermodal container with a length of--
(A) not less than 20 feet; and
(B) not greater than 45 feet.
(3) Out of service percentage.--The term ``out of service
percentage'' means the proportion of the chassis fleet for any
defined geographical area that is out of service at any one
time.
(4) Street dwell time.--The term ``street dwell time'',
with respect to a piece of equipment, means the quantity of
time during which the piece of equipment is in use outside of
the terminal.
(b) Authority to Collect Data.--
(1) In general.--Each port, marine terminal operator, and
chassis owner or provider with a fleet of over 50 chassis that
supply chassis for a fee shall submit to the Director such data
as the Director determines to be necessary for the
implementation of this section, subject to subchapter III of
chapter 35 of title 44, United States Code.
(2) Approval by omb.--Subject to the availability of
appropriations, not later than 60 days after the date of
enactment of this Act, the Director of the Office of Management
and Budget shall approve an information collection for purposes
of this section.
(c) Publication.--Subject to the availability of appropriations,
not later than 240 days after the date of enactment of this Act, and
not less frequently than monthly thereafter, the Director shall publish
statistics relating to the dwell time of equipment used in intermodal
transportation at the top 25 intermodal freight facilities, including--
(1) total street dwell time, from all causes, of marine
containers and marine container chassis; and
(2) the average out of service percentage, which shall not
be identifiable with any particular port, marine terminal
operators, or chassis provider.
(d) Factors.--Subject to the availability of appropriations, to the
maximum extent practicable, the Director shall publish the statistics
described in subsection (c) on a local, regional, and national basis.
(e) Sunset.--The authority under this section shall expire December
31, 2026.
SEC. 3. FEDERAL MARITIME COMMISSION ACTIVITIES.
(a) Public Submissions to Commission.--The Federal Maritime
Commission (referred to in this Act as the ``Commission'') shall--
(1) establish on the public website of the Commission a
webpage that allows for the submission of comments, complaints,
concerns, reports of noncompliance, requests for investigation,
and requests for alternative dispute resolution; and
(2) direct each submission under the link established under
paragraph (1) to the appropriate component office of the
Commission.
(b) Authorization of Office of Consumer Affairs and Dispute
Resolution Services.--The Commission shall maintain an Office of
Consumer Affairs and Dispute Resolution Services to provide
nonadjudicative ombuds assistance, mediation, facilitation, and
arbitration to resolve challenges and disputes involving cargo
shipments, household good shipments, and cruises subject to the
jurisdiction of the Commission.
(c) Enhancing Capacity for Investigations.--
(1) In general.--Pursuant to section 41302 of title 46,
United States Code, not later than 18 months after the date of
enactment of this Act, the Chairperson of the Commission shall
staff within the Bureau of Enforcement, the Bureau of
Certification and Licensing, the Office of the Managing
Director, the Office of Consumer Affairs and Dispute Resolution
Services, and the Bureau of Trade Analysis not fewer than 7
total positions to assist in investigations and oversight, in
addition to the positions within the Bureau of Enforcement, the
Bureau of Certification and Licensing, the Office of the
Managing Director, the Office of Consumer Affairs and Dispute
Resolution Services, and the Bureau of Trade Analysis on that
date of enactment.
(2) Duties.--The additional staff appointed under paragraph
(1) shall provide support--
(A) to Area Representatives of the Bureau of
Enforcement;
(B) to attorneys of the Bureau of Enforcement in
enforcing the laws and regulations subject to the
jurisdiction of the Commission;
(C) for the alternative dispute resolution services
of the Commission; or
(D) for the review of agreements and activities
subject to the authority of the Commission.
SEC. 4. TEMPORARY EMERGENCY AUTHORITY.
(a) Definitions.--In this section:
(1) Common carrier.--The term ``common carrier'' has the
meaning given the term in section 40102 of title 46, United
States Code.
(2) Motor carrier.--The term ``motor carrier'' has the
meaning given the term in section 13102 of title 49, United
States Code.
(3) Rail carrier.--The term ``rail carrier'' has the
meaning given the term in section 10102 of title 49, United
States Code.
(4) Shipper.--The term ``shipper'' has the meaning given
the term in section 40102 of title 46, United States Code.
(b) Public Input on Information Sharing.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Commission shall issue a request for
information, seeking public comment regarding--
(A) whether congestion of the carriage of goods has
created an emergency situation of a magnitude such that
there exists a substantial, adverse effect on the
competitiveness and reliability of the international
ocean transportation supply system;
(B) whether an emergency order under this section
would alleviate such an emergency situation; and
(C) the appropriate scope of such an emergency
order, if applicable.
(2) Consultation.--During the public comment period under
paragraph (1), the Commission may consult, as the Commission
determines to be appropriate, with--
(A) other Federal departments and agencies; and
(B) persons with expertise relating to maritime and
freight operations.
(c) Authority to Require Information Sharing.--On making a
unanimous determination described in subsection (d), the Commission may
issue an emergency order requiring any common carrier or marine
terminal operator to share directly with relevant shippers, rail
carriers, or motor carriers information relating to cargo throughput
and availability, in order to ensure the efficient transportation,
loading, and unloading of cargo to or from--
(1) any inland destination or point of origin;
(2) any vessel; or
(3) any point on a wharf or terminal.
(d) Description of Determination.--
(1) In general.--A determination referred to in subsection
(c) is a unanimous determination by the commissioners on the
Commission that congestion of common carriage of goods has
created an emergency situation of a magnitude such that there
exists a substantial, adverse effect on the competitiveness and
reliability of the international ocean transportation supply
system.
(2) Factors for consideration.--In issuing an emergency
order pursuant to subsection (c), the Commission shall tailor
the emergency order with respect to temporal and geographic
scope, taking into consideration the likely burdens on ocean
carriers and marine terminal operators and the likely benefits
on congestion relating to the purposes described in section
40101 of title 46, United States Code.
(e) Petitions for Exception.--
(1) In general.--A common carrier or marine terminal
operator subject to an emergency order issued pursuant to this
section may submit to the Commission a petition for exception
from 1 or more requirements of the emergency order, based on a
showing of undue hardship or other condition rendering
compliance with such a requirement impracticable.
(2) Determination.--The Commission shall make a
determination regarding a petition for exception under
paragraph (1) by--
(A) majority vote; and
(B) not later than 21 days after the date on which
the petition is submitted.
(3) Inapplicability pending review.--The requirements of an
emergency order that is the subject of a petition for exception
under this subsection shall not apply to the petitioner during
the period for which the petition is pending.
(f) Limitations.--
(1) Term.--An emergency order issued pursuant to this
section--
(A) shall remain in effect for a period of not
longer than 60 days; but
(B) may be renewed by a unanimous determination of
the Commission.
(2) Sunset.--The authority provided by this section shall
terminate on the date that is 18 months after the date of
enactment of this Act.
(3) Investigative authority unaffected.--Nothing in this
section shall affect the investigative authorities of the
Commission as described in subpart R of part 502 of title 46,
Code of Federal Regulations.
SEC. 5. BEST PRACTICES FOR CHASSIS POOLS.
(a) In General.--Not later than April 1, 2023, the Commission shall
enter into an agreement with the Transportation Research Board of the
National Academies of Sciences, Engineering, and Medicine under which
the Transportation Research Board shall carry out a study and develop
best practices for on-terminal or near-terminal chassis pools that
provide service to marine terminal operators, motor carriers,
railroads, and other stakeholders that use the chassis pools, with the
goal of optimizing supply chain efficiency and effectiveness.
(b) Requirements.--In developing best practices under subsection
(a), the Transportation Research Board shall--
(1) take into consideration--
(A) practical obstacles to the implementation of
chassis pools; and
(B) potential solutions to those obstacles; and
(2) address relevant communication practices, information
sharing, and knowledge management.
(c) Publication.--The Commission shall publish the best practices
developed under this section on a publicly available website by not
later than April 1, 2024.
(d) Funding.--Subject to appropriations, the Commission may expend
such sums as are necessary, but not to exceed $500,000, to carry out
this section.
SEC. 6. LICENSING TESTING.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Federal Motor Carrier Safety
Administration (referred to in this section as the ``Administrator'')
shall conduct a review of the discretionary waiver authority described
in the document issued by the Administrator entitled ``Waiver for
States Concerning Third Party CDL Skills Test Examiners In Response to
the COVID-19 Emergency'' and dated August 31, 2021, for safety
concerns.
(b) Permanent Waiver.--If the Administrator finds no safety
concerns after conducting a review under subsection (a), the
Administrator shall, notwithstanding any other provision of law, make
the waiver permanent.
(c) Rulemaking.--Not later than 90 days after completing the review
under subsection (a), the Administrator shall revise section 384.228 of
title 49, Code of Federal Regulations, to provide that the
discretionary waiver authority referred to in subsection (a) shall be
permanent.
Calendar No. 625
117th CONGRESS
2d Session
S. 3262
_______________________________________________________________________
A BILL
To improve the efficient movement of freight at ports in the United
States, and for other purposes.
_______________________________________________________________________
December 12, 2022
Reported with an amendment