II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Facilitating Relief for 

5 Efficient Intermodal Gateways to Handle Transportation 

6 Act’’ or the ‘‘FREIGHT Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COMMISSION.—The term ‘‘Commission’’ 

4 means the Federal Maritime Commission. 

5 (2) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Transportation. 

7 SEC. 3. GRANT PROGRAM TO IMPROVE MOVEMENT OF 

8 FREIGHT. 

9 (a) DEFINITIONS.—In this section: 

10 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti11 ty’’ means— 

12 (A) a port authority; 

13 (B) a State entity; and 

14 (C) a local entity. 

15 (2) PROGRAM.—The term ‘‘program’’ means 

16 the discretionary grant program established under 

17 subsection (b). 

18 (b) ESTABLISHMENT.—Not later than 180 days after 

19 the date of enactment of this Act, the Secretary shall es20 tablish, within the Office of the Secretary, a discretionary 

21 grant program relating to improving the efficient move22 ment of freight at ports. 

23 (c) GOALS.—The goals of the program shall be to 

24 fund, through the provision of 1 or more grants, planning 

25 projects that— 


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1 (1) identify what would be needed for eligible 

2 entities— 

3 (A) to standardize the definitions of terms 

4 used in port operations and related documenta5 tion, including— 

6 (i) terms used in bills of lading; 

7 (ii) the terms used to identify various 

8 port call processes; and 

9 (iii) terms used to notify relevant 

10 stakeholders that the freight of those 

11 stakeholders is available; or 

12 (B) to develop the technology needed to 

13 improve communication of eligible entities with 

14 respect to freight location, availability, and 

15 equipment among— 

16 (i) port authorities; 

17 (ii) marine terminal operators; 

18 (iii) shippers; 

19 (iv) rail carriers; 

20 (v) motor carriers and drayage pro21 viders; and 

22 (vi) other relevant stakeholders; and 

23 (2) result in a planning document described in 

24 subsection (e). 


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1 (d) APPLICATION.—To be eligible to receive a grant 

2 under the program, an eligible entity shall submit to the 

3 Secretary an application, at such time, in such manner, 

4 and containing such information as the Secretary may re5 quire, including a description of the means by which the 

6 eligible entity will incorporate the views and input of other 

7 port stakeholders in identifying what would be needed to 

8 standardize the definitions described in subsection 

9 (c)(1)(A) and develop the technology described in sub10 section (c)(1)(B). 

11 (e) PLANNING DOCUMENT.—Each eligible entity that 

12 receives a grant under the program shall develop and sub13 mit to the Secretary, at such time as the Secretary deter14 mines to be appropriate, a planning document that— 

15 (1) identifies what would be necessary to stand16 ardize the applicable definitions; 

17 (2) identifies what would be necessary to de18 velop the applicable technology; 

19 (3) includes input from relevant stakeholders, 

20 such as marine terminal operators, port authorities, 

21 State and local governments, ocean carriers, barge 

22 operators, motor carriers, rail carriers, drayage pro23 viders, chassis providers, and freight forwarders and 

24 brokers; and 

25 (4) addresses concerns regarding data privacy. 


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1 (f) PROJECT REQUIREMENTS.— 

2 (1) FEDERAL SHARE.—The Federal share of 

3 the total costs of a project for which a grant is pro4 vided under the program shall be not more than 50 

5 percent. 

6 (2) MAXIMUM GRANT AMOUNT.—The maximum 

7 amount of a grant provided under the program shall 

8 be $1,000,000. 

9 (3) ELIGIBLE EXPENSES.—A grant provided 

10 under the program may be used for eligible project 

11 expenses, including— 

12 (A) communications hardware and soft13 ware; 

14 (B) data management hardware and soft15 ware; and 

16 (C) planning and engineering costs. 

17 (g) GRANT INFORMATION.—At the request of an eli18 gible entity that receives a grant under the program, the 

19 Secretary shall provide to the eligible entity information 

20 relating to other grant programs offered through the De21 partment of Transportation under which the planning 

22 projects of the eligible entity under the program may be 

23 considered to be an eligible activity. 

24 (h) LESSONS LEARNED.—The Secretary shall— 


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1 (1) analyze the information contained in each 

2 planning document submitted under subsection (e); 

3 and 

4 (2) develop and make publicly available lessons 

5 learned with respect to standardizing port definitions 

6 and communications technology based on that infor7 mation. 

8 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to the Secretary to carry 

10 out this section $2,500,000 for fiscal year 2023. 

11 SEC. 4. STUDY ON DOCUMENTATION AND TERMS USED IN 

12 FREIGHT TRANSPORTATION. 

13 Not later than 180 days after the date of enactment 

14 of this Act, the Secretary shall enter into an agreement 

15 with the National Academy of Sciences under which the 

16 National Academy of Sciences shall carry out a study— 

17 (1) to identify and document— 

18 (A) the documentation, the data and infor19 mation exchange, and other actions necessary 

20 to transport freight from a point of origin over21 seas to a destination in the United States, or 

22 from a point of origin in the United States to 

23 a destination overseas, including transportation 

24 of the freight— 


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1 (i) from the point of origin to an 

2 ocean carrier; 

3 (ii) on an ocean carrier; 

4 (iii) through any port; and 

5 (iv) by rail or truck from a port to the 

6 destination; 

7 (B) whether and how the key terms used 

8 in that documentation or the data and informa9 tion exchanged, or to describe various actions to 

10 move freight, vary depending on— 

11 (i) the type of freight being moved; 

12 (ii) the mode by which the freight 

13 moves; 

14 (iii) whether the freight is required to 

15 be moved by multiple modes; 

16 (iv) the State or region in the United 

17 States from, through, or to which the 

18 freight moves; 

19 (v) the port or marine terminal oper20 ator; 

21 (vi) the origination or destination of 

22 the freight; and 

23 (vii) other relevant criteria; and 

24 (C) recommendations with respect to 

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1 tion, and data and information exchanged to 

2 enable port stakeholders to better track and 

3 manage freight transfer and delivery; and 

4 (2) to assess and determine— 

5 (A) the data held and shared across exist6 ing, separate data systems used in international 

7 transportation across different modes of trans8 portation, with respect to methods to link those 

9 data across the existing, separate data systems; 

10 (B) the best methods to link and enable ef11 fective exchange of those data across existing 

12 systems, both domestically and internationally; 

13 (C) methods to standardize data obtained 

14 from long-standing separate data systems; and 

15 (D) gaps in existing data and technology 

16 standards that would be necessary to address 

17 the development of systems to allow port stake18 holders to better track and predict— 

19 (i) the location of freight at ports; 

20 (ii) the availability of freight for pick21 up; and 

22 (iii) the ability to receive and return 

23 equipment at ports. 

24 SEC. 5. DWELL TIME STATISTICS. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) DIRECTOR.—The term ‘‘Director’’ means 

2 the Director of the Bureau of Transportation Statis3 tics. 

4 (2) DWELL TIME.—The term ‘‘dwell time’’, 

5 with respect to a piece of equipment, means the 

6 quantity of time during which the piece of equip7 ment is— 

8 (A) subject to maintenance; or 

9 (B) in use. 

10 (3) MARINE CONTAINER.—The term ‘‘marine 

11 container’’ means an intermodal container with a 

12 length of— 

13 (A) not less than 20 feet; and 

14 (B) not greater than 45 feet. 

15 (b) AUTHORITY TO COLLECT DATA.— 

16 (1) IN GENERAL.—Each port, marine terminal 

17 operator, and chassis provider shall submit to the 

18 Director such data as the Director determines to be 

19 necessary for the implementation of this section, 

20 subject to subchapter III of chapter 35 of title 44, 

21 United States Code. 

22 (2) APPROVAL BY OMB.—The Director of the 

23 Office of Management and Budget shall approve an 

24 information collection for purposes of this section by 


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1 not later than 60 days after the date of enactment 

2 of this Act. 

3 (c) PUBLICATION.—Not later than 240 days after the 

4 date of enactment of this Act, and not less frequently than 

5 monthly thereafter, the Director shall publish statistics re6 lating to the dwell time of equipment used in intermodal 

7 transportation, including— 

8 (1) total dwell time, from all causes, of marine 

9 containers and marine container chassis; and 

10 (2) at a minimum, maintenance dwell time and 

11 in-use dwell time of marine containers and marine 

12 container chassis. 

13 (d) FACTORS.—To the maximum extent practicable, 

14 the Director shall publish the statistics described in sub15 section (c)— 

16 (1) on a local, regional, and national basis; and 

17 (2) at major coastal and inland port facilities. 

18 SEC. 6. FEDERAL MARITIME COMMISSION ACTIVITIES. 

19 (a) PUBLIC SUBMISSIONS TO COMMISSION.—The 

20 Chairperson of the Commission shall— 

21 (1) establish on the public website of the Com22 mission a webpage that allows for the submission of 

23 comments, complaints, concerns, reports of non24 compliance, requests for investigation, and requests 

25 for alternative dispute resolution; and 


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1 (2) direct each submission under the link estab2 lished under paragraph (1) to the appropriate com3 ponent office of the Commission. 

4 (b) AUTHORIZATION OF OFFICE OF CONSUMER AF5 FAIRS AND DISPUTE RESOLUTION SERVICES.—The Com6 mission shall maintain an Office of Consumer Affairs and 

7 Dispute Resolution Services to provide nonadjudicative 

8 ombuds assistance, mediation, facilitation, and arbitration 

9 to resolve challenges and disputes involving cargo ship10 ments, household good shipments, and cruises subject to 

11 the jurisdiction of the Commission. 

12 (c) ENHANCING CAPACITY FOR INVESTIGATIONS.— 

13 (1) IN GENERAL.—Pursuant to section 41302 

14 of title 46, United States Code, not later than 18 

15 months after the date of enactment of this Act, the 

16 Chairperson of the Commission shall staff within the 

17 Bureau of Enforcement, the Bureau of Certification 

18 and Licensing, the Office of the Managing Director, 

19 the Office of Consumer Affairs and Dispute Resolu20 tion Services, and the Bureau of Trade Analysis not 

21 fewer than 7 total positions to assist in investiga22 tions and oversight, in addition to the positions with23 in the Bureau of Enforcement, the Bureau of Cer24 tification and Licensing, the Office of the Managing 

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1 pute Resolution Services, and the Bureau of Trade 

2 Analysis on that date of enactment. 

3 (2) DUTIES.—The additional staff appointed 

4 under paragraph (1) shall provide support— 

5 (A) to Area Representatives of the Bureau 

6 of Enforcement; 

7 (B) to attorneys of the Bureau of Enforce8 ment in enforcing the laws and regulations sub9 ject to the jurisdiction of the Commission; 

10 (C) for the alternative dispute resolution 

11 services of the Commission; or 

12 (D) for the review of agreements and ac13 tivities subject to the authority of the Commis14 sion. 

15 SEC. 7. BEST PRACTICES FOR CHASSIS POOLS. 

16 (a) IN GENERAL.—Not later than April 1, 2023, the 

17 Commission shall enter into an agreement with the Trans18 portation Research Board of the National Academies of 

19 Sciences, Engineering, and Medicine under which the 

20 Transportation Research Board shall carry out a study 

21 and develop best practices for on-terminal or near-ter22 minal chassis pools that provide service to marine terminal 

23 operators, motor carriers, railroads, and other stake24 holders that use the chassis pools, with the goal of opti25 mizing supply chain efficiency and effectiveness. 


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1 (b) REQUIREMENTS.—In developing best practices 

2 under subsection (a), the Transportation Research Board 

3 shall— 

4 (1) take into consideration— 

5 (A) practical obstacles to the implementa6 tion of chassis pools; and 

7 (B) potential solutions to those obstacles; 

8 and 

9 (2) address relevant communication practices, 

10 information sharing, and knowledge management. 

11 (c) PUBLICATION.—The Commission shall publish 

12 the best practices developed under this section on a pub13 licly available website by not later than April 1, 2024. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to the Commission to carry 

16 out this section $500,000. 

17 SEC. 8. ENHANCING ANTI-RETALIATION PROTECTIONS. 

18 (a) GENERAL PROHIBITIONS.—Section 41102 of title 

19 46, United States Code, is amended by adding at the end 

20 the following: 

21 ‘‘(d) RETALIATION AND OTHER DISCRIMINATORY

22 ACTIONS.—A common carrier, marine terminal operator, 

23 or ocean transportation intermediary, acting alone or in 

24 conjunction with any other person, directly or indirectly, 

25 may not— 


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1 ‘‘(1) retaliate against a shipper, an agent of a 

2 shipper, an ocean transportation intermediary, or a 

3 motor carrier by refusing, or threatening to refuse, 

4 an otherwise-available cargo space accommodation; 

5 or 

6 ‘‘(2) resort to any other unfair or unjustly dis7 criminatory action for— 

8 ‘‘(A) the reason that a shipper, an agent of 

9 a shipper, an ocean transportation inter10 mediary, or motor carrier has— 

11 ‘‘(i) patronized another carrier; or 

12 ‘‘(ii) filed a complaint against the 

13 common carrier, marine terminal operator, 

14 or ocean transportation intermediary; or 

15 ‘‘(B) any other reason.’’. 

16 (b) CONFORMING AMENDMENTS.— 

17 (1) Section 41104 of title 46, United States 

18 Code, is amended— 

19 (A) in subsection (a)— 

20 (i) by striking paragraph (3); and 

21 (ii) by redesignating paragraphs (4) 

22 through (13) as paragraphs (3) through 

23 (12), respectively; 


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1 (B) in subsection (b), by striking ‘‘sub2 section (a)(13)’’ and inserting ‘‘subsection 

3 (a)(12)’’; and 

4 (C) in subsection (c), by striking ‘‘sub5 section (a)(13)’’ and inserting ‘‘subsection 

6 (a)(12)’’. 

7 (2) Section 41108(a) of title 46, United States 

8 Code, is amended by striking ‘‘section 41104(1), (2), 

9 or (7) of this title’’ and inserting ‘‘paragraph (1), 

10 (2), or (6) of section 41104(a)’’. 

11 (3) Section 41109(c) of title 46, United States 

12 Code, is amended by striking ‘‘section 41102(a) or 

13 41104(1) or (2) of this title’’ and inserting ‘‘sub14 section (a) or (d) of section 41102 or paragraph (1) 

15 or (2) of section 41104(a)’’. 

16 (4) Section 41305 of title 46, United States 

17 Code, is amended— 

18 (A) in subsection (c), by striking 

19 ‘‘41104(3) or (6), or 41105(1) or (3) of this 

20 title’’ and inserting ‘‘section 41104(a)(5), or 

21 paragraph (1) or (3) of section 41105’’; and 

22 (B) in subsection (d), by striking ‘‘section 

23 41104(4)(A) or (B) of this title’’ and inserting 

24 ‘‘subparagraph (A) or (B) of section 

25 41104(a)(3)’’. 


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1 (c) ENHANCING REPARATIONS FOR VIOLATIONS.— 

2 Section 41305(c) of title 46, United States Code (as 

3 amended by subsection (b)(4)(A)), is amended by striking 

4 ‘‘41102(b)’’ and inserting ‘‘subsection (b) or (c) of section 

5 41102’’. 

6 SEC. 9. RELIEF AVAILABLE IN ENFORCEMENT PRO7 CEEDINGS. 

8 (a) ASSESSMENT OF PENALTIES.—Section 41109 of 

9 title 46, United States Code, is amended— 

10 (1) by striking subsections (a) and (b) and in11 serting the following: 

12 ‘‘(a) GENERAL AUTHORITY.—Until a matter is re13 ferred to the Attorney General, the Federal Maritime 

14 Commission may— 

15 ‘‘(1) after notice and opportunity for a hearing, 

16 in accordance with this part— 

17 ‘‘(A) assess a civil penalty; or 

18 ‘‘(B) in addition to, or in lieu of, assessing 

19 a civil penalty under subparagraph (A), order a 

20 refund of money (including additional amounts 

21 in accordance with section 41305(c)), subject to 

22 subsection (b)(2); and 

23 ‘‘(2) compromise, modify, or remit, with or 

24 without conditions, a civil penalty or refund imposed 

25 under paragraph (1). 


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1 ‘‘(b) DETERMINATION OF AMOUNT.— 

2 ‘‘(1) FACTORS FOR CONSIDERATION.—In deter3 mining the amount of a civil penalty assessed or re4 fund of money ordered pursuant to subsection (a), 

5 the Federal Maritime Commission shall take into 

6 consideration— 

7 ‘‘(A) the nature, circumstances, extent, 

8 and gravity of the violation committed; 

9 ‘‘(B) with respect to the violator— 

10 ‘‘(i) the degree of culpability; 

11 ‘‘(ii) any history of prior offenses; 

12 ‘‘(iii) the ability to pay; and 

13 ‘‘(iv) such other matters as justice 

14 may require; and 

15 ‘‘(C) the amount of any refund of money 

16 ordered pursuant to subsection (a)(1)(B). 

17 ‘‘(2) COMMENSURATE REDUCTION IN CIVIL

18 PENALTY.— 

19 ‘‘(A) IN GENERAL.—In any case in which 

20 the Federal Maritime Commission orders a re21 fund of money pursuant to subsection (a)(1)(B) 

22 in addition to assessing a civil penalty pursuant 

23 to subsection (a)(1)(A), the amount of the civil 

24 penalty assessed shall be decreased by any addi25 tional amounts included in the refund of money 


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1 in excess of the actual injury (as defined in sec2 tion 41305(a)). 

3 ‘‘(B) TREATMENT OF REFUNDS.—A re4 fund of money ordered pursuant to subsection 

5 (a)(1)(B) shall be— 

6 ‘‘(i) considered to be compensation 

7 paid to the applicable claimant; and 

8 ‘‘(ii) deducted from the total amount 

9 of damages awarded to that claimant in a 

10 civil action against the violator relating to 

11 the applicable violation.’’; 

12 (2) in subsection (c), by striking ‘‘may not be 

13 imposed’’ and inserting ‘‘or refund of money under 

14 subparagraph (A) or (B), respectively, of subsection 

15 (a)(1) may not be imposed’’; 

16 (3) in subsection (e), by inserting ‘‘or order a 

17 refund of money’’ after ‘‘penalty’’; 

18 (4) in subsection (f), by inserting ‘‘, or that is 

19 ordered to refund money,’’ after ‘‘assessed’’; and 

20 (5) in subsection (g), in the first sentence, by 

21 inserting ‘‘or a refund required under this section’’ 

22 after ‘‘penalty’’. 

23 (b) ENFORCEMENT OF REPARATION ORDERS.—Sec24 tion 41309 of title 46, United States Code, is amended— 


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1 (1) in subsection (a), by striking ‘‘reparation, 

2 the person to whom the award was made’’ and in3 serting ‘‘a refund of money or reparation, the person 

4 to which the refund or reparation was awarded’’; 

5 and 

6 (2) in subsection (b), in the first sentence— 

7 (A) by striking ‘‘made an award of repara8 tion’’ and inserting ‘‘ordered a refund of money 

9 or any other award of reparation’’; and 

10 (B) by inserting ‘‘(except for the Commis11 sion or any component of the Commission)’’ 

12 after ‘‘parties in the order’’. 

13 SEC. 10. PORT INFRASTRUCTURE PERFORMANCE. 

14 (a) PORT AND INTERMODAL IMPROVEMENT PRO15 GRAM.— 

16 (1) DEFINITION OF QUALIFYING PORT AUTHOR17 ITY.—In this subsection, the term ‘‘qualifying port 

18 authority’’ means a container port that is included 

19 in the top 10 container ports with respect to the 

20 handling of 20-foot equivalent units of containerized 

21 cargo, as determined in accordance with the most re22 cent documentation published by the Secretary. 

23 (2) DATA-SHARING AGREEMENT.— 

24 (A) IN GENERAL.—As a condition of re25 ceipt of a grant under title 23 or 49, United 


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1 States Code, a qualifying port authority shall 

2 enter into a data-sharing agreement under 

3 which the qualifying port authority shall submit 

4 to the Secretary the data described in para5 graph (3), with a particular emphasis on cargo 

6 throughput data, subject to subparagraphs (B) 

7 and (C). 

8 (B) CONSULTATION.—To the maximum 

9 extent practicable, to avoid duplicative reporting 

10 of data, the Secretary shall coordinate with the 

11 Commissioner of U.S. Customs and Border 

12 Protection to receive data previously collected 

13 by U.S. Customs and Border Protection for 

14 purposes of this subsection. 

15 (C) DISCRETION OF SECRETARY.—If the 

16 Secretary determines that any data referred to 

17 in subparagraph (A) are not feasible to collect, 

18 the Secretary may exclude a qualifying port au19 thority from the requirement to submit those 

20 data. 

21 (3) INCLUSIONS.—The data referred to in para22 graph (2)(A) include data collected by a qualifying 

23 port authority relating to— 

24 (A) the total capacity of inbound and out25 bound cargo; 


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1 (B) the total volume of inbound and out2 bound cargo; 

3 (C) the average number of lifts per hour of 

4 containers by crane; 

5 (D) the average vessel turn time, expressed 

6 by vessel type; 

7 (E) the average cargo, container, and 

8 intermodal equipment dwell time; 

9 (F) port storage capacity and utilization; 

10 (G) modal throughput statistics, includ11 ing— 

12 (i) rail statistics; and 

13 (ii) statistics relating to the time re14 quired for any single individual or truck 

15 trailer to return to the same port or port 

16 terminal (commonly known as ‘‘truck turn 

17 time’’); 

18 (H) the types of cargo moved; 

19 (I) the presence and location of any inter20 modal connectors; 

21 (J) the physical size of each terminal with22 in applicable port boundaries; 

23 (K) maximum authorized channel depth 

24 and maximum actual and current channel 

25 depth; 


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1 (L) the schedule of vessel arrivals, for use 

2 in determining vessel on-time performance; 

3 (M) berth utilization; and 

4 (N) any additional metrics, as determined 

5 by the Secretary. 

6 (4) ORIGIN REQUIREMENT.—The data required 

7 to be submitted under this subsection shall originate 

8 from a port authority of a qualifying port authority 

9 grant recipient. 

10 (5) PUBLIC ACCESS TO DATA.—The Secretary 

11 shall ensure that the data compiled under this sub12 section are readily accessible to the public, in accord13 ance with applicable security constraints and con14 fidentiality requirements. 

15 (6) AUTHORIZATION OF APPROPRIATIONS FOR

16 VOLUNTARY DATA-SHARING PILOT PROGRAM.— 

17 There is authorized to be appropriated $150,000 for 

18 fiscal year 2023 to the Administrator of the Mari19 time Administration to carry out, in consultation 

20 with the Director of the Bureau of Transportation 

21 Statistics, a voluntary data-sharing pilot program 

22 that involves not less than a majority of the types 

23 of data described in paragraph (3). 

24 (b) ADMINISTRATION OF POLICIES AND PROGRAMS

25 BY OFFICE OF MULTIMODAL FREIGHT INFRASTRUCTURE


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1 AND POLICY.—Section 118(d)(3) of title 49, United 

2 States Code (as added by section 21101(a) of the Infra3 structure Investment and Jobs Act), is amended— 

4 (1) in subparagraph (A), by striking ‘‘and’’ at 

5 the end; 

6 (2) by redesignating subparagraph (B) as sub7 paragraph (C); and 

8 (3) by inserting after subparagraph (A) the fol9 lowing: 

10 ‘‘(B) administer the port and intermodal im11 provement program under section 50302(c) of title 

12 46; and’’. 

13 SEC. 11. TEMPORARY EMERGENCY AUTHORITY. 

14 (a) DEFINITIONS.—In this section: 

15 (1) COMMON CARRIER.—The term ‘‘common 

16 carrier’’ has the meaning given the term in section 

17 40102 of title 46, United States Code. 

18 (2) MOTOR CARRIER.—The term ‘‘motor car19 rier’’ has the meaning given the term in section 

20 13102 of title 49, United States Code. 

21 (3) RAIL CARRIER.—The term ‘‘rail carrier’’ 

22 has the meaning given the term in section 10102 of 

23 title 49, United States Code. 


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1 (4) SHIPPER.—The term ‘‘shipper’’ has the 

2 meaning given the term in section 40102 of title 46, 

3 United States Code. 

4 (b) PUBLIC INPUT ON INFORMATION SHARING.— 

5 (1) IN GENERAL.—Not later than 30 days after 

6 the date of enactment of this Act, the Commission 

7 shall issue a request for information, seeking public 

8 comment regarding— 

9 (A) whether congestion of the common car10 riage of goods has created an emergency situa11 tion of a magnitude such that there exists a 

12 substantial, adverse effect on the competitive13 ness and reliability of the international ocean 

14 transportation supply system; 

15 (B) whether an emergency order under 

16 this section would alleviate such an emergency 

17 situation; and 

18 (C) the appropriate scope of such an emer19 gency order, if applicable. 

20 (2) CONSULTATION.—During the public com21 ment period under paragraph (1), the Commission 

22 may consult, as the Commission determines to be 

23 appropriate, with— 

24 (A) other Federal departments and agen25 cies; and 


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1 (B) persons with expertise relating to mar2 itime and freight operations. 

3 (c) AUTHORITY TO REQUIRE INFORMATION SHAR4 ING.—On making a unanimous determination described in 

5 subsection (d), the Commission may issue an emergency 

6 order requiring any common carrier or marine terminal 

7 operator to share directly with relevant shippers, rail car8 riers, or motor carriers information relating to cargo 

9 throughput and availability, in order to ensure the effi10 cient transportation, loading, and unloading of cargo to 

11 or from— 

12 (1) any inland destination or point of origin; 

13 (2) any vessel; or 

14 (3) any point on a wharf or terminal. 

15 (d) DESCRIPTION OF DETERMINATION.— 

16 (1) IN GENERAL.—A determination referred to 

17 in subsection (c) is a unanimous determination by 

18 the commissioners on the Commission that conges19 tion of common carriage of goods has created an 

20 emergency situation of a magnitude such that there 

21 exists a substantial, adverse effect on the competi22 tiveness and reliability of the international ocean 

23 transportation supply system. 

24 (2) FACTORS FOR CONSIDERATION.—In issuing 

25 an emergency order pursuant to subsection (c), the 


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1 Commission shall tailor the emergency order with re2 spect to temporal and geographic scope, taking into 

3 consideration the likely burdens on ocean carriers 

4 and marine terminal operators and the likely bene5 fits on congestion relating to the purposes described 

6 in section 40101 of title 46, United States Code. 

7 (e) PETITIONS FOR EXCEPTION.— 

8 (1) IN GENERAL.—A common carrier or marine 

9 terminal operator subject to an emergency order 

10 issued pursuant to this section may submit to the 

11 Commission a petition for exception from 1 or more 

12 requirements of the emergency order, based on a 

13 showing of undue hardship or other condition ren14 dering compliance with such a requirement impracti15 cable. 

16 (2) DETERMINATION.—The Commission shall 

17 make a determination regarding a petition for excep18 tion under paragraph (1) by— 

19 (A) majority vote; and 

20 (B) not later than 21 days after the date 

21 on which the petition is submitted. 

22 (3) INAPPLICABILITY PENDING REVIEW.—The 

23 requirements of an emergency order that is the sub24 ject of a petition for exception under this subsection 


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1 shall not apply to the petitioner during the period 

2 for which the petition is pending. 

3 (f) LIMITATIONS.— 

4 (1) TERM.—An emergency order issued pursu5 ant to this section— 

6 (A) shall remain in effect for a period of 

7 not longer than 60 days; but 

8 (B) may be renewed by a unanimous deter9 mination of the Commission. 

10 (2) SUNSET.—The authority provided by this 

11 section shall terminate on the date that is 1 year 

12 after the date of enactment of this Act. 

13 SEC. 12. ADDITIONAL TRANSPORTATION REPRESENTA14 TION. 

15 Section 1325(a) of title 49, United States Code, is 

16 amended— 

17 (1) in the matter preceding paragraph (1), by 

18 striking ‘‘19 members, of which 15 members’’ and 

19 inserting ‘‘24 members, of whom 18’’; and 

20 (2) in paragraph (3)— 

21 (A) by redesignating subparagraphs (A) 

22 and (B) as clauses (i) and (ii), respectively, and 

23 indenting appropriately; 

24 (B) in the matter preceding clause (i) (as 

25 so redesignated), by striking ‘‘(3) The remainVerDate Sep 11 2014 22:53 Dec 12, 2022 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6401 E:\BILLS\S3262.RS S3262

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1 ing 6 members of the Council shall’’ and insert2 ing the following: 

3 ‘‘(3)(A) The remaining 9 members of the Coun4 cil shall be appointed to’’; 

5 (C) in subparagraph (A) (as so des6 ignated)— 

7 (i) in clause (i) (as so redesignated), 

8 by striking ‘‘and’’ at the end; 

9 (ii) in clause (ii) (as so redesignated), 

10 by striking ‘‘organizations (as determined 

11 by the Chairman).’’ and inserting ‘‘organi12 zations, as determined by the Chairman; 

13 and’’; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(iii) at least 1 shall be a representa17 tive of marine terminal operators or 

18 ports.’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(B) Nothing in this paragraph limits any pro21 vision relating to the appointment of the members 

22 under paragraph (2).’’. 

23 SEC. 13. PERMANENT WAIVER. 

24 (a) IN GENERAL.—Notwithstanding any other provi25 sion of law, the Administrator of the Federal Motor CarVerDate Sep 11 2014 22:53 Dec 12, 2022 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6401 E:\BILLS\S3262.RS S3262

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1 rier Safety Administration shall make permanent the 

2 waiver described in the document issued by the Adminis3 trator entitled ‘‘Waiver for States Concerning Third Party 

4 CDL Skills Test Examiners In Response to the COVID– 

5 19 Emergency’’ and dated August 31, 2021. 

6 (b) RULEMAKING.—Not later than 90 days after the 

7 date of enactment of this Act, the Administrator of the 

8 Federal Motor Carrier Safety Administration shall revise 

9 section 384.228 of title 49, Code of Federal Regulations, 

10 to provide that the waiver referred to in subsection (a) 

11 shall be permanent. 

12 SEC. 2. DWELL TIME STATISTICS. 

13 (a) DEFINITIONS.—In this section: 

14 (1) DIRECTOR.—The term ‘‘Director’’ means the 

15 Director of the Bureau of Transportation Statistics. 

16 (2) MARINE CONTAINER.—The term ‘‘marine 

17 container’’ means an intermodal container with a 

18 length of— 

19 (A) not less than 20 feet; and 

20 (B) not greater than 45 feet. 

21 (3) OUT OF SERVICE PERCENTAGE.—The term 

22 ‘‘out of service percentage’’ means the proportion of 

23 the chassis fleet for any defined geographical area 

24 that is out of service at any one time. 


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1 (4) STREET DWELL TIME.—The term ‘‘street 

2 dwell time’’, with respect to a piece of equipment, 

3 means the quantity of time during which the piece of 

4 equipment is in use outside of the terminal. 

5 (b) AUTHORITY TO COLLECT DATA.— 

6 (1) IN GENERAL.—Each port, marine terminal 

7 operator, and chassis owner or provider with a fleet 

8 of over 50 chassis that supply chassis for a fee shall 

9 submit to the Director such data as the Director de10 termines to be necessary for the implementation of 

11 this section, subject to subchapter III of chapter 35 of 

12 title 44, United States Code. 

13 (2) APPROVAL BY OMB.—Subject to the avail14 ability of appropriations, not later than 60 days after 

15 the date of enactment of this Act, the Director of the 

16 Office of Management and Budget shall approve an 

17 information collection for purposes of this section. 

18 (c) PUBLICATION.—Subject to the availability of ap19 propriations, not later than 240 days after the date of en20 actment of this Act, and not less frequently than monthly 

21 thereafter, the Director shall publish statistics relating to 

22 the dwell time of equipment used in intermodal transpor23 tation at the top 25 intermodal freight facilities, includ24 ing— 


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1 (1) total street dwell time, from all causes, of 

2 marine containers and marine container chassis; and 

3 (2) the average out of service percentage, which 

4 shall not be identifiable with any particular port, 

5 marine terminal operators, or chassis provider. 

6 (d) FACTORS.—Subject to the availability of appro7 priations, to the maximum extent practicable, the Director 

8 shall publish the statistics described in subsection (c) on a 

9 local, regional, and national basis. 

10 (e) SUNSET.—The authority under this section shall 

11 expire December 31, 2026. 

12 SEC. 3. FEDERAL MARITIME COMMISSION ACTIVITIES. 

13 (a) PUBLIC SUBMISSIONS TO COMMISSION.—The Fed14 eral Maritime Commission (referred to in this Act as the 

15 ‘‘Commission’’) shall— 

16 (1) establish on the public website of the Com17 mission a webpage that allows for the submission of 

18 comments, complaints, concerns, reports of non19 compliance, requests for investigation, and requests 

20 for alternative dispute resolution; and 

21 (2) direct each submission under the link estab22 lished under paragraph (1) to the appropriate compo23 nent office of the Commission. 

24 (b) AUTHORIZATION OF OFFICE OF CONSUMER AF25 FAIRS AND DISPUTE RESOLUTION SERVICES.—The ComVerDate Sep 11 2014 22:53 Dec 12, 2022 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\S3262.RS S3262

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1 mission shall maintain an Office of Consumer Affairs and 

2 Dispute Resolution Services to provide nonadjudicative 

3 ombuds assistance, mediation, facilitation, and arbitration 

4 to resolve challenges and disputes involving cargo ship5 ments, household good shipments, and cruises subject to the 

6 jurisdiction of the Commission. 

7 (c) ENHANCING CAPACITY FOR INVESTIGATIONS.— 

8 (1) IN GENERAL.—Pursuant to section 41302 of 

9 title 46, United States Code, not later than 18 months 

10 after the date of enactment of this Act, the Chair11 person of the Commission shall staff within the Bu12 reau of Enforcement, the Bureau of Certification and 

13 Licensing, the Office of the Managing Director, the 

14 Office of Consumer Affairs and Dispute Resolution 

15 Services, and the Bureau of Trade Analysis not fewer 

16 than 7 total positions to assist in investigations and 

17 oversight, in addition to the positions within the Bu18 reau of Enforcement, the Bureau of Certification and 

19 Licensing, the Office of the Managing Director, the 

20 Office of Consumer Affairs and Dispute Resolution 

21 Services, and the Bureau of Trade Analysis on that 

22 date of enactment. 

23 (2) DUTIES.—The additional staff appointed 

24 under paragraph (1) shall provide support— 


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1 (A) to Area Representatives of the Bureau 

2 of Enforcement; 

3 (B) to attorneys of the Bureau of Enforce4 ment in enforcing the laws and regulations sub5 ject to the jurisdiction of the Commission; 

6 (C) for the alternative dispute resolution 

7 services of the Commission; or 

8 (D) for the review of agreements and activi9 ties subject to the authority of the Commission. 

10 SEC. 4. TEMPORARY EMERGENCY AUTHORITY. 

11 (a) DEFINITIONS.—In this section: 

12 (1) COMMON CARRIER.—The term ‘‘common car13 rier’’ has the meaning given the term in section 40102 

14 of title 46, United States Code. 

15 (2) MOTOR CARRIER.—The term ‘‘motor carrier’’ 

16 has the meaning given the term in section 13102 of 

17 title 49, United States Code. 

18 (3) RAIL CARRIER.—The term ‘‘rail carrier’’ has 

19 the meaning given the term in section 10102 of title 

20 49, United States Code. 

21 (4) SHIPPER.—The term ‘‘shipper’’ has the 

22 meaning given the term in section 40102 of title 46, 

23 United States Code. 

24 (b) PUBLIC INPUT ON INFORMATION SHARING.— 


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1 (1) IN GENERAL.—Not later than 60 days after 

2 the date of enactment of this Act, the Commission 

3 shall issue a request for information, seeking public 

4 comment regarding— 

5 (A) whether congestion of the carriage of 

6 goods has created an emergency situation of a 

7 magnitude such that there exists a substantial, 

8 adverse effect on the competitiveness and reli9 ability of the international ocean transportation 

10 supply system; 

11 (B) whether an emergency order under this 

12 section would alleviate such an emergency situa13 tion; and 

14 (C) the appropriate scope of such an emer15 gency order, if applicable. 

16 (2) CONSULTATION.—During the public comment 

17 period under paragraph (1), the Commission may 

18 consult, as the Commission determines to be appro19 priate, with— 

20 (A) other Federal departments and agencies; 

21 and 

22 (B) persons with expertise relating to mari23 time and freight operations. 

24 (c) AUTHORITY TO REQUIRE INFORMATION SHAR25 ING.—On making a unanimous determination described in 


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1 subsection (d), the Commission may issue an emergency 

2 order requiring any common carrier or marine terminal 

3 operator to share directly with relevant shippers, rail car4 riers, or motor carriers information relating to cargo 

5 throughput and availability, in order to ensure the efficient 

6 transportation, loading, and unloading of cargo to or 

7 from— 

8 (1) any inland destination or point of origin; 

9 (2) any vessel; or 

10 (3) any point on a wharf or terminal. 

11 (d) DESCRIPTION OF DETERMINATION.— 

12 (1) IN GENERAL.—A determination referred to 

13 in subsection (c) is a unanimous determination by 

14 the commissioners on the Commission that congestion 

15 of common carriage of goods has created an emer16 gency situation of a magnitude such that there exists 

17 a substantial, adverse effect on the competitiveness 

18 and reliability of the international ocean transpor19 tation supply system. 

20 (2) FACTORS FOR CONSIDERATION.—In issuing 

21 an emergency order pursuant to subsection (c), the 

22 Commission shall tailor the emergency order with re23 spect to temporal and geographic scope, taking into 

24 consideration the likely burdens on ocean carriers and 

25 marine terminal operators and the likely benefits on 


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1 congestion relating to the purposes described in sec2 tion 40101 of title 46, United States Code. 

3 (e) PETITIONS FOR EXCEPTION.— 

4 (1) IN GENERAL.—A common carrier or marine 

5 terminal operator subject to an emergency order 

6 issued pursuant to this section may submit to the 

7 Commission a petition for exception from 1 or more 

8 requirements of the emergency order, based on a show9 ing of undue hardship or other condition rendering 

10 compliance with such a requirement impracticable. 

11 (2) DETERMINATION.—The Commission shall 

12 make a determination regarding a petition for excep13 tion under paragraph (1) by— 

14 (A) majority vote; and 

15 (B) not later than 21 days after the date on 

16 which the petition is submitted. 

17 (3) INAPPLICABILITY PENDING REVIEW.—The re18 quirements of an emergency order that is the subject 

19 of a petition for exception under this subsection shall 

20 not apply to the petitioner during the period for 

21 which the petition is pending. 

22 (f) LIMITATIONS.— 

23 (1) TERM.—An emergency order issued pursuant 

24 to this section— 


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1 (A) shall remain in effect for a period of not 

2 longer than 60 days; but 

3 (B) may be renewed by a unanimous deter4 mination of the Commission. 

5 (2) SUNSET.—The authority provided by this 

6 section shall terminate on the date that is 18 months 

7 after the date of enactment of this Act. 

8 (3) INVESTIGATIVE AUTHORITY UNAFFECTED.— 

9 Nothing in this section shall affect the investigative 

10 authorities of the Commission as described in subpart 

11 R of part 502 of title 46, Code of Federal Regulations. 

12 SEC. 5. BEST PRACTICES FOR CHASSIS POOLS. 

13 (a) IN GENERAL.—Not later than April 1, 2023, the 

14 Commission shall enter into an agreement with the Trans15 portation Research Board of the National Academies of 

16 Sciences, Engineering, and Medicine under which the 

17 Transportation Research Board shall carry out a study and 

18 develop best practices for on-terminal or near-terminal 

19 chassis pools that provide service to marine terminal opera20 tors, motor carriers, railroads, and other stakeholders that 

21 use the chassis pools, with the goal of optimizing supply 

22 chain efficiency and effectiveness. 

23 (b) REQUIREMENTS.—In developing best practices 

24 under subsection (a), the Transportation Research Board 

25 shall— 


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1 (1) take into consideration— 

2 (A) practical obstacles to the implementa3 tion of chassis pools; and 

4 (B) potential solutions to those obstacles; 

5 and 

6 (2) address relevant communication practices, 

7 information sharing, and knowledge management. 

8 (c) PUBLICATION.—The Commission shall publish the 

9 best practices developed under this section on a publicly 

10 available website by not later than April 1, 2024. 

11 (d) FUNDING.—Subject to appropriations, the Com12 mission may expend such sums as are necessary, but not 

13 to exceed $500,000, to carry out this section. 

14 SEC. 6. LICENSING TESTING. 

15 (a) IN GENERAL.—Not later than 90 days after the 

16 date of enactment of this Act, the Administrator of the Fed17 eral Motor Carrier Safety Administration (referred to in 

18 this section as the ‘‘Administrator’’) shall conduct a review 

19 of the discretionary waiver authority described in the docu20 ment issued by the Administrator entitled ‘‘Waiver for 

21 States Concerning Third Party CDL Skills Test Examiners 

22 In Response to the COVID–19 Emergency’’ and dated Au23 gust 31, 2021, for safety concerns. 

24 (b) PERMANENT WAIVER.—If the Administrator finds 

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1 section (a), the Administrator shall, notwithstanding any 

2 other provision of law, make the waiver permanent. 

3 (c) RULEMAKING.—Not later than 90 days after com4 pleting the review under subsection (a), the Administrator 

5 shall revise section 384.228 of title 49, Code of Federal Reg6 ulations, to provide that the discretionary waiver authority 

7 referred to in subsection (a) shall be permanent. 


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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 


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