```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1298 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 290
114th CONGRESS
  1st Session
                                S. 1298

                          [Report No. 114-164]

    To provide nationally consistent measures of performance of the 
                Nation's ports, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2015

 Mr. Thune (for himself, Mrs. Fischer, Mr. Gardner, and Mr. Alexander) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                            November 5, 2015

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
    To provide nationally consistent measures of performance of the 
                Nation's ports, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. PORT PERFORMANCE FREIGHT STATISTICS 
              PROGRAM.</DELETED>

<DELETED>    (a) In General.--Chapter 63 of title 49, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 6314. Port performance freight statistics 
              program</DELETED>
<DELETED>    ``(a) In General.--The Director shall establish, on behalf 
of the Secretary, a port performance statistics program to provide 
nationally consistent measures of performance of the Nation's top 25 
ports by tonnage, top 25 ports by 20-foot equivalent unit, and top 25 
ports by dry bulk.</DELETED>
<DELETED>    ``(b) Annual Reports.--</DELETED>
        <DELETED>    ``(1) Port capacity and throughput.--Not later 
        than January 15 of each year, the Director shall submit an 
        annual report to Congress that includes statistics on capacity 
        and throughput at these ports.</DELETED>
        <DELETED>    ``(2) Port performance indicators.--The Director 
        shall require each United States port authority referred to in 
        subsection (a) that receives Federal assistance or is subject 
        to Federal regulation to submit an annual report to the Bureau 
        of Transportation Statistics that includes statistics on 
        capacity and throughput, including--</DELETED>
                <DELETED>    ``(A) the volume of inbound and outbound 
                cargo to include containers, break bulk, vehicles, and 
                dry and liquid bulk;</DELETED>
                <DELETED>    ``(B) the average number of lifts per hour 
                of containers by crane;</DELETED>
                <DELETED>    ``(C) the average vessel unload 
                rate;</DELETED>
                <DELETED>    ``(D) the average vessel load 
                rate;</DELETED>
                <DELETED>    ``(E) the average vessel turn 
                time;</DELETED>
                <DELETED>    ``(F) port transit time;</DELETED>
                <DELETED>    ``(G) the average cargo dwell 
                time;</DELETED>
                <DELETED>    ``(H) the average container dwell 
                time;</DELETED>
                <DELETED>    ``(I) port storage capacity and 
                utilization;</DELETED>
                <DELETED>    ``(J) the average wait time for trucks 
                inside a port complex;</DELETED>
                <DELETED>    ``(K) the average truck time at ports; 
                and</DELETED>
                <DELETED>    ``(L) the average rail delay at 
                ports.</DELETED>
<DELETED>    ``(c) Recommendations.--The Director shall obtain 
recommendations for specifications for port performance measures, to 
identify standard data elements for measuring port performance, from--
</DELETED>
        <DELETED>    ``(1) operating administrations of the Department 
        of Transportation;</DELETED>
        <DELETED>    ``(2) the Coast Guard;</DELETED>
        <DELETED>    ``(3) the Maritime Administration;</DELETED>
        <DELETED>    ``(4) the Marine Transportation System National 
        Advisory Council;</DELETED>
        <DELETED>    ``(5) the Army Corps of Engineers;</DELETED>
        <DELETED>    ``(6) the Saint Lawrence Seaway Development 
        Corporation; and</DELETED>
        <DELETED>    ``(7) the Advisory Committee on Supply Chain 
        Competitiveness.</DELETED>
<DELETED>    ``(d) Access to Data.--The Director shall ensure that the 
statistics compiled under this section are readily accessible to the 
public, consistent with applicable security constraints and 
confidentiality interests.''.</DELETED>
<DELETED>    (b) Prohibition on Certain Disclosures.--Section 
6307(b)(1) of title 49, United States Code, is amended by inserting 
``or section 6314(b)'' after ``section 6302(b)(3)(B)'' each place it 
appears.</DELETED>
<DELETED>    (c) Copies of Reports.--Section 6307(b)(2)(A) of title 49, 
United States Code, is amended by inserting ``or section 6314(b)'' 
after ``section 6302(b)(3)(B)''.</DELETED>
<DELETED>    (d) Technical and Conforming Amendment.--The table of 
sections for chapter 63 of title 49, United States Code, is amended by 
adding at the end the following:</DELETED>

<DELETED>``6314. Port performance freight statistics program.''.

<DELETED>SEC. 2. MONTHLY REPORTS ON PERFORMANCE AT UNITED STATES 
              PORTS.</DELETED>

<DELETED>    (a) In General.--Not later than 1 year before the 
expiration date of a maritime labor agreement for a United States port, 
3 months before the expiration date of the maritime labor agreement, 
and monthly thereafter, the Secretary of Transportation, in 
consultation with the Secretary of Commerce and the Secretary of Labor, 
shall submit a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives that includes port 
performance indicators at the affected port. If multiple ports are 
affected by the expiration of the maritime labor agreement, the 
Secretary of Transportation shall submit a report for each affected 
port.</DELETED>
<DELETED>    (b) Contents.--Each report required under subsection (a) 
shall include, for the affected port during the previous month--
</DELETED>
        <DELETED>    (1) the performance indicators listed under 
        section 6314(b)(2) of title 49, United States Code;</DELETED>
        <DELETED>    (2) the number and type of vessels awaiting 
        berthing, including average wait time;</DELETED>
        <DELETED>    (3) the number of cancelled vessel 
        calls;</DELETED>
        <DELETED>    (4) an estimate of the economic impact associated 
        with any delays both at the port and across the national 
        economy; and</DELETED>
        <DELETED>    (5) an estimate of the amount of time required to 
        clear any congestion.</DELETED>
<DELETED>    (c) Effective Period.--The Secretary of Transportation, in 
consultation with the Secretary of Commerce and the Secretary of Labor, 
shall submit a report required under subsection (a) for an affected 
port until the date that a new maritime labor agreement for the port is 
agreed to by all of the parties to that maritime labor 
agreement.</DELETED>
<DELETED>    (d) Definition of Maritime Labor Agreement.--In this 
section, the term ``maritime labor agreement'' has the meaning given 
such term in section 40102 of title 46, United States Code.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Port Performance Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) America's ports play a critical role in the Nation's 
        transportation supply chain network.
            (2) Reliable and efficient movement of goods through the 
        Nation's ports ensures that American goods are available to 
        customers throughout the world.
            (3) Breakdowns in the transportation supply chain network, 
        particularly at the Nation's ports, can result in tremendous 
        economic losses for agriculture, businesses, and retailers that 
        rely on timely shipments.
            (4) A clear understanding of port productivity and 
        throughput would help--
                    (A) to identify freight bottlenecks;
                    (B) to indicate performance and trends over time; 
                and
                    (C) to inform investment decisions.

SEC. 3. PORT PERFORMANCE FREIGHT STATISTICS PROGRAM.

    (a) In General.--Chapter 63 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 6314. Port performance freight statistics program
    ``(a) In General.--The Director shall establish, on behalf of the 
Secretary, a port performance statistics program to provide nationally 
consistent measures of performance of--
            ``(1) the Nation's top 25 ports by tonnage;
            ``(2) the Nation's top 25 ports by 20-foot equivalent unit; 
        and
            ``(3) the Nation's top 25 ports by dry bulk.
    ``(b) Annual Reports.--
            ``(1) Port capacity and throughput.--Not later than January 
        15 of each year, the Director shall submit an annual report to 
        Congress that includes statistics on capacity and throughput at 
        the ports described in subsection (a).
            ``(2) Port performance measures.--The Director shall 
        collect monthly port performance measures for each of the 
        United States ports referred to in subsection (a) that receives 
        Federal assistance or is subject to Federal regulation to 
        submit an annual report to the Bureau of Transportation 
        Statistics that includes monthly statistics on capacity and 
        throughput as applicable to the specific configuration of the 
        port, including--
                    ``(A) the total capacity of inbound and outbound 
                cargo, including containers, break bulk, vehicles, and 
                dry and liquid bulk;
                    ``(B) the total volume of inbound and outbound 
                cargo, including containers, break bulk, vehicles, and 
                dry and liquid bulk;
                    ``(C) the average number of lifts per hour of 
                containers by crane;
                    ``(D) the average vessel turn time by vessel type;
                    ``(E) the average cargo or container dwell time;
                    ``(F) port storage capacity and utilization;
                    ``(G) the average truck time at ports;
                    ``(H) the average rail time at ports; and
                    ``(I) any additional metrics, as determined by the 
                Director after receiving recommendations from the 
                working group established under subsection (c).
    ``(c) Recommendations.--
            ``(1) In general.--The Director shall obtain 
        recommendations for--
                    ``(A) specifications and data measurements for the 
                port performance measures listed in subsection (b)(2);
                    ``(B) additionally needed data elements for 
                measuring port performance; and
                    ``(C) a process for the Department of 
                Transportation to collect timely and consistent data, 
                including identifying safeguards to protect proprietary 
                information described in subsection (b)(2).
            ``(2) Working group.--Not later than 60 days after the date 
        of the enactment of this Act, the Director shall commission a 
        working group composed of--
                    ``(A) operating administrations of the Department 
                of Transportation;
                    ``(B) the Coast Guard;
                    ``(C) the Federal Maritime Commission;
                    ``(D) U.S. Customs and Border Protection;
                    ``(E) the Marine Transportation System National 
                Advisory Council;
                    ``(F) the Army Corps of Engineers;
                    ``(G) the Saint Lawrence Seaway Development 
                Corporation;
                    ``(H) the Advisory Committee on Supply Chain 
                Competitiveness;
                    ``(I) 1 representative from the rail industry;
                    ``(J) 1 representative from the trucking industry;
                    ``(K) 1 representative from the port management 
                industry;
                    ``(L) 1 representative from the maritime shipping 
                industry;
                    ``(M) 1 representative from the maritime labor 
                industry;
                    ``(N) representatives of the National Freight 
                Advisory Committee of the Department; and
                    ``(O) representatives of the Transportation 
                Research Board of the National Academies.
            ``(3) Recommendations.--Not later than 1 year after the 
        date of the enactment of this Act, the working group 
        commissioned under this subsection shall submit its 
        recommendations to the Director.
    ``(d) Access to Data.--The Director shall ensure that the 
statistics compiled under this section are readily accessible to the 
public, consistent with applicable security constraints and 
confidentiality interests.''.
    (b) Prohibition on Certain Disclosures.--Section 6307(b)(1) of 
title 49, United States Code, is amended by inserting ``or section 
6314(b)'' after ``section 6302(b)(3)(B)'' each place it appears.
    (c) Copies of Reports.--Section 6307(b)(2)(A) of title 49, United 
States Code, is amended by inserting ``or section 6314(b)'' after 
``section 6302(b)(3)(B)''.
    (d) Technical and Conforming Amendment.--The table of sections for 
chapter 63 of title 49, United States Code, is amended by adding at the 
end the following:

``6314. Port performance freight statistics program.''.

SEC. 4. MONTHLY REPORTS ON PERFORMANCE AT UNITED STATES PORTS.

    (a) In General.--Not later than 1 year before the expiration date 
of a maritime labor agreement that applies to facilities of a United 
States port, 3 months before the expiration date of the maritime labor 
agreement, and monthly thereafter until a new agreement is agreed to, 
the Secretary of Transportation, in consultation with the Secretary of 
Commerce and the Secretary of Labor, shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives that includes port performance indicators at the 
affected port. If multiple ports are affected by the expiration of the 
maritime labor agreement, the Secretary of Transportation shall submit 
a report for each affected port.
    (b) Contents.--Each report required under subsection (a) shall 
include, for the affected port during the previous month--
            (1) the performance indicators listed under section 
        6314(b)(2) of title 49, United States Code;
            (2) the number and type of vessels awaiting berthing, 
        including average wait time;
            (3) the number of cancelled vessel calls;
            (4) an estimate of the economic impact associated with any 
        delays both at the port and across the national economy;
            (5) an estimate of the amount of time required to clear any 
        congestion;
            (6) the average number of positions ordered and filled; and
            (7) any other factors that might have created delays, 
        including weather, equipment maintenance or failures, or 
        infrastructure development or repair.
    (c) Effective Period.--The Secretary of Transportation, in 
consultation with the Secretary of Commerce and the Secretary of Labor, 
shall submit a report required under subsection (a) for an affected 
port until the date on which a new maritime labor agreement that 
applies to the facilities of the port is agreed to by all of the 
parties to that maritime labor agreement.
    (d) Definition of Maritime Labor Agreement.--In this section, the 
term ``maritime labor agreement'' has the meaning given such term in 
section 40102 of title 46, United States Code.
                                                       Calendar No. 290

114th CONGRESS

  1st Session

                                S. 1298

                          [Report No. 114-164]

_______________________________________________________________________

                                 A BILL

    To provide nationally consistent measures of performance of the 
                Nation's ports, and for other purposes.

_______________________________________________________________________

                            November 5, 2015

                       Reported with an amendment
```