II 

117TH CONGRESS 

1ST SESSION S. 3252 

To address the supply chain backlog in the freight network at United States 

ports, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2021 

Mr. LEE (for himself and Ms. LUMMIS) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To address the supply chain backlog in the freight network 

at United States ports, 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 ‘‘Surpassing Temporary 

5 Obstructions at Ports and Guaranteeing Resources to In6 crease the Nation’s Commercial Health Act’’ or the 

7 ‘‘STOP the GRINCH Act’’. 

8 SEC. 2. SENSE OF CONGRESS. 

9 It is the sense of Congress that the unprecedented 

10 supply chain backlog in the freight network of the United 


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1 States as of November 2021 is a national crisis that war2 rants Congressional authorization of short-term Federal 

3 emergency actions to ameliorate that crisis. 

4 SEC. 3. ADDRESSING THE SUPPLY CHAIN CRISIS IN THE 

5 UNITED STATES. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Federal 

9 Motor Carrier Safety Administration. 

10 (2) COMMERCIAL MOTOR VEHICLE; DRIVER; 

11 MOTOR CARRIER.—The terms ‘‘commercial motor ve12 hicle’’, ‘‘driver’’, and ‘‘motor carrier’’ have the mean13 ings given those terms in section 390.5 of title 49, 

14 Code of Federal Regulations (or successor regula15 tions). 

16 (3) DIRECT ASSISTANCE TO A UNITED STATES

17 PORT.— 

18 (A) IN GENERAL.—The term ‘‘direct as19 sistance to a United States port’’ means the 

20 transportation of cargo directly to or from a 

21 United States port. 

22 (B) EXCLUSION.—The term ‘‘direct assist23 ance to a United States port’’ does not in24 clude— 


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1 (i) the transportation of a mixed load 

2 of cargo that includes— 

3 (I) cargo that does not originate 

4 from a United States port; or 

5 (II) a container or cargo that is 

6 not bound for a United States port; 

7 (ii) any period during which the appli8 cable motor carrier or driver is operating 

9 in interstate commerce to transport cargo 

10 or provide services not in support of trans11 portation to or from a United States port; 

12 or 

13 (iii) the period after the applicable 

14 motor carrier dispatches the applicable 

15 driver or commercial motor vehicle of the 

16 motor carrier to another location to begin 

17 operation in interstate commerce in a man18 ner that is not in support of transportation 

19 to or from a United States port. 

20 (4) QUALIFIED APPLICANT.—The term ‘‘quali21 fied applicant’’ means a person that— 

22 (A) submits to the appropriate official an 

23 application for a waiver under this section; and 


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1 (B) in the determination of that official, is 

2 eligible, in accordance with this section, to re3 ceive the waiver. 

4 (5) TEMPORARY WAIVER.—The term ‘‘tem5 porary waiver’’ means a waiver that expires on the 

6 date that is 1 year after the date of enactment of 

7 this Act. 

8 (b) FMCSA TEMPORARY WAIVERS.— 

9 (1) TEMPORARY WAIVER OF CERTAIN REQUIRE10 MENTS.— 

11 (A) IN GENERAL.—Not later than 7 days 

12 after the date of enactment of this Act, the Ad13 ministrator shall issue to each qualified appli14 cant a temporary waiver that, subject to para15 graph (3), waives the requirements of parts 390 

16 through 399 of title 49, Code of Federal Regu17 lations (or successor regulations), with respect 

18 to commercial motor vehicle operations that are 

19 providing direct assistance to a United States 

20 port. 

21 (B) ELIGIBILITY.—An applicant is eligible 

22 for a temporary waiver under subparagraph (A) 

23 if the applicant is a motor carrier or driver that 

24 provides direct assistance to a United States 

25 port. 


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1 (2) TEMPORARY WAIVER OF MINIMUM AGE RE2 QUIREMENT.— 

3 (A) IN GENERAL.—Not later than 2 days 

4 after the date of enactment of this Act, the Ad5 ministrator shall issue to each qualified appli6 cant a temporary waiver from the requirement 

7 of section 391.11(b)(1) of title 49, Code of Fed8 eral Regulations (or successor regulations), for 

9 drivers that are at least 18 years old, subject to 

10 paragraph (3). 

11 (B) ELIGIBILITY.—An applicant is eligible 

12 for a temporary waiver under subparagraph (A) 

13 if the applicant— 

14 (i) is providing direct assistance to a 

15 United States port; or 

16 (ii) is directly assuming the commer17 cial motor vehicle operations of a driver 

18 who has been re-routed to a United States 

19 port to provide direct assistance to a 

20 United States port. 

21 (3) REQUIREMENTS.—A temporary waiver 

22 under paragraph (1) or (2) shall not exempt a motor 

23 carrier or driver from— 

24 (A) the hazardous materials regulations 

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1 ter I of subtitle B of title 49, Code of Federal 

2 Regulations (or successor regulations); 

3 (B) the controlled substances and alcohol 

4 use and testing requirements described in part 

5 382 of that title (or successor regulations); 

6 (C) except as provided in paragraph (2), 

7 the commercial driver’s license requirements de8 scribed in part 383 of that title (or successor 

9 regulations); 

10 (D) the financial responsibility (including 

11 insurance) requirements described in part 387 

12 of that title (or successor regulations); 

13 (E) the requirement that every commercial 

14 motor vehicle shall be operated in accordance 

15 with the laws, ordinances, and regulations of 

16 the jurisdiction in which the commercial motor 

17 vehicle is being operated, which shall include 

18 any applicable speed limits and other traffic re19 strictions, as described in the first sentence of 

20 section 392.2 of that title (or successor regula21 tions); 

22 (F) the prohibition against operating a 

23 commercial motor vehicle while the ability of 

24 the driver is so impaired, or so likely to become 

25 impaired, through fatigue, illness, or any other 


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1 cause, as to make it unsafe for the driver to 

2 begin or continue to operate the commercial 

3 motor vehicle, as described in section 392.3 of 

4 that title (or successor regulations); 

5 (G) the prohibition against texting while 

6 driving described in section 392.80 of that title 

7 (or successor regulations); 

8 (H) the prohibition against using a hand9 held mobile telephone while driving described in 

10 section 392.82 of that title (or successor regula11 tions); or 

12 (I) any applicable size and weight require13 ments. 

14 (4) DRIVER FATIGUE AND SAFETY.— 

15 (A) IN GENERAL.—A motor carrier receiv16 ing a temporary waiver under paragraph (1) or 

17 (2) shall not allow or require a fatigued driver 

18 to operate a commercial motor vehicle. 

19 (B) REQUIREMENT.—For the period dur20 ing which a temporary waiver under paragraph 

21 (1) or (2) is effective, a motor carrier described 

22 in subparagraph (A) that receives from a driver 

23 notification that the driver is in need of imme24 diate rest shall immediately provide the driver 

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1 duty time before the driver is required to return 

2 to service. 

3 (c) TRANSPORTATION WORKER IDENTIFICATION

4 CREDENTIALS.—The Administrator of the Transportation 

5 Security Administration and the Commandant of the 

6 Coast Guard shall jointly prioritize and expedite the con7 sideration of applications for a Transportation Worker 

8 Identification Credential with respect to applicants, in9 cluding commercial drivers who are operating under a 

10 temporary waiver issued under subsection (b)(2), who rea11 sonably demonstrate that the purpose of the Transpor12 tation Worker Identification Credential is for providing, 

13 within the interior of the United States, direct assistance 

14 to a United States port. 

15 (d) TEMPORARY WAIVER OF JONES ACT REQUIRE16 MENTS FOR CERTAIN VESSELS TRANSPORTING CARGO.— 

17 (1) AUTHORITY.— 

18 (A) CERTIFICATE OF COASTWISE EN19 DORSEMENT.—Notwithstanding the require20 ments under section 12112 of title 46, United 

21 States Code, and any other requirement under 

22 chapter 121 of such title, the Secretary of the 

23 department in which the Coast Guard is oper24 ating (referred to in this subsection as the 

25 ‘‘Secretary’’) may issue a certificate of docuVerDate Sep 11 2014 04:32 Nov 20, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3252.IS S3252

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1 mentation with a coastwise endorsement under 

2 such chapter 121 in accordance with this sub3 section for a vessel, without regard to whether 

4 the vessel meets the requirements of such sec5 tion 12112, in a case that the person requesting 

6 such certificate reasonably demonstrates the en7 dorsement (or the resulting exemption under 

8 subparagraph (B)) is for the purpose of— 

9 (i) transporting cargo from a United 

10 States port to another United States port 

11 in order to relieve any congestion, backlog, 

12 or delay at such a port; or 

13 (ii) engaging in lightering operations, 

14 which entail a ship-to-ship transfer of 

15 cargo from a vessel anchored or located off 

16 the coast of the United States to another 

17 vessel that transports such cargo to a 

18 United States port. 

19 (B) EXEMPTION OF ADDITIONAL REQUIRE20 MENTS.—Until the expiration under paragraph 

21 (3) of the authority under this subsection, not22 withstanding section 55102 of title 46, United 

23 States Code, such section 55102 shall not apply 

24 to any vessel that has been issued a certificate 


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1 of documentation with a coastwise endorsement 

2 under subparagraph (A). 

3 (2) TIMING.— 

4 (A) IN GENERAL.—Not later than 48 

5 hours after receiving a request for a certificate 

6 of documentation with a coastwise endorsement 

7 under paragraph (1)(A), the Secretary shall— 

8 (i) issue the certificate with such en9 dorsement; or 

10 (ii)(I) submit detailed reasons for de11 nying the certificate to the person request12 ing the certificate; and 

13 (II) post such denial and reasons to 

14 the public on the website of the Depart15 ment in which the Coast Guard is oper16 ating. 

17 (B) AUTOMATIC ISSUANCE.—In the case 

18 that the Secretary does not comply with sub19 paragraph (A), a certificate of documentation 

20 with a coastwise endorsement for such vessel 

21 shall be deemed issued under paragraph (1)(A). 

22 (3) EXPIRATION.—The authority under this 

23 subsection, including any coastwise endorsement au24 thorized under this section, shall expire on the date 


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1 that is 1 year after the date of enactment of this 

2 Act. 

3 (e) CONTAINER OVERFLOW STORAGE.— 

4 (1) IN GENERAL.—Not later than 14 days after 

5 the date of enactment of this Act, the Secretary of 

6 Agriculture, the Secretary of the Interior, and the 

7 Secretary of Transportation shall jointly consult 

8 with representatives of ocean carriers, ports, rail9 roads, and truckers— 

10 (A) to identify plots of Federal land under 

11 the jurisdiction of the Secretary of Agriculture, 

12 the Secretary of the Interior, or the Secretary 

13 of Transportation that— 

14 (i) are located within a 150 air-mile 

15 radius of a United States port; and 

16 (ii) could temporarily be used as an 

17 overflow area for the storage and transfer 

18 of empty cargo containers in order to ease 

19 the congestion and backlog at United 

20 States ports; and 

21 (B) to designate not fewer than 2 plots of 

22 Federal land identified under subparagraph (A) 

23 for the use described in clause (ii) of that sub24 paragraph, subject to the conditions that— 


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1 (i) each specific plot so designated 

2 shall be not more than 500 acres; 

3 (ii) the stacking of containers shall be 

4 permitted at each specific plot so des5 ignated for a period of not more than 6 

6 months beginning on the date on which the 

7 designation of the plot is published in the 

8 Federal Register under paragraph (2); and 

9 (iii) containers shall not be stacked 

10 more than 6 high at any plot so des11 ignated. 

12 (2) PUBLICATION IN THE FEDERAL REG13 ISTER.—The designation of a plot of Federal land 

14 under paragraph (1)(B) shall be published in the 

15 Federal Register. 

16 (3) CATEGORICAL EXCLUSION.—The designa17 tion of a plot of Federal land under paragraph 

18 (1)(B) shall be categorically excluded from the re19 quirements of the National Environmental Policy 

20 Act of 1969 (42 U.S.C. 4321 et seq.), subject to the 

21 condition that, prior to the designation of the plot 

22 of Federal land under that paragraph, the applicable 

23 Secretary described in paragraph (1)(A) having ju24 risdiction over the plot carefully considers the cir25 cumstances of the designation and determines that 


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1 there are no extraordinary circumstances that war2 rant the preparation of an environmental assessment 

3 or an environmental impact statement. 

4 (f) LOAN OF DOD INTERMODAL EQUIPMENT.— 

5 (1) DEFINITIONS.—In this subsection: 

6 (A) INTERMODAL EQUIPMENT.—The term 

7 ‘‘intermodal equipment’’ has the meaning given 

8 the term in section 390.5 of title 49, Code of 

9 Federal Regulations (or successor regulations). 

10 (B) SECRETARY.—The term ‘‘Secretary’’ 

11 means the Secretary of Defense. 

12 (2) INVENTORY OF INTERMODAL EQUIP13 MENT.—Not later than 14 days after the date of en14 actment of this Act, the Secretary shall conduct an 

15 inventory of intermodal equipment that— 

16 (A) is owned by the Department of De17 fense; 

18 (B) is located within the United States; 

19 and 

20 (C) could be made available for loan to 

21 truck companies for the purposes of easing con22 gestion at United States ports. 

23 (3) LOAN OF INTERMODAL EQUIPMENT.— 

24 (A) PROCESS.—Not later than 7 days after 

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1 graph (2) is complete, the Secretary shall create 

2 a process for a truck company to submit an ap3 plication requesting the use of intermodal 

4 equipment identified in that inventory. 

5 (B) CONDITIONS.—The loan of intermodal 

6 equipment under this subsection shall be sub7 ject to the conditions that— 

8 (i) the truck company agrees to reim9 burse the Secretary for any damage caused 

10 to the intermodal equipment while the 

11 intermodal equipment is loaned to the 

12 truck company; 

13 (ii) the use of the intermodal equip14 ment by the truck company is for a period 

15 not longer than 6 months; and 

16 (iii) the use of the intermodal equip17 ment by the truck company will not affect 

18 the national security of the United States. 

19 (C) FEES.— 

20 (i) IN GENERAL.—Subject to clauses 

21 (ii) and (iii), the Secretary may charge a 

22 reasonable fee for the loan of intermodal 

23 equipment under this subsection. 


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1 (ii) CONSULTATION.—The Secretary 

2 may charge a fee under clause (i) if the 

3 Secretary— 

4 (I) consults with the Secretary of 

5 Agriculture, the Secretary of the Inte6 rior, and the Secretary of Transpor7 tation; and 

8 (II) determines that charging a 

9 fee would be appropriate. 

10 (iii) AMOUNT.—The amount of a fee 

11 under clause (i) shall be based on the mar12 ket rate for similar loans or rentals of 

13 intermodal equipment or similar equipment 

14 as of January 1, 2020. 

15 (iv) DEPOSIT AND USE.—Any fee col16 lected by the Secretary under clause (i) 

17 shall be deposited in the general fund of 

18 the Treasury and made available to the 

19 Secretary of Agriculture, the Secretary of 

20 the Interior, and the Secretary of Trans21 portation for remediation of any Federal 

22 land designated under subsection (e). 

23 (v) RESTRICTIONS.—A fee collected 

24 under clause (i) may not be used— 


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1 (I) until the designation of the 

2 applicable plot of Federal land under 

3 subsection (e) has expired; or 

4 (II) for any purpose other than 

5 the remediation of land designated 

6 under subsection (e). 

7 (4) RECALL OF INTERMODAL EQUIPMENT.—To 

8 protect the national security of the United States, 

9 the Secretary may recall any intermodal equipment 

10 on loan to a truck company under this subsection by 

11 issuing a notice to the truck company 72 hours be12 fore the time at which the intermodal equipment is 

13 required to be returned to the Secretary. 

Æ 


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