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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3262 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st 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, and Mrs. 
  Blackburn) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Maritime Commission.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 3. GRANT PROGRAM TO IMPROVE MOVEMENT OF FREIGHT.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a port authority;
                    (B) a State entity; and
                    (C) a local entity.
            (2) Program.--The term ``program'' means the discretionary 
        grant program established under subsection (b).
    (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.
    (c) Goals.--The goals of the program shall be to fund, through the 
provision of 1 or more grants, planning projects that--
            (1) identify what would be needed for eligible entities--
                    (A) to standardize the definitions of terms used in 
                port operations and related documentation, including--
                            (i) terms used in bills of lading;
                            (ii) the terms used to identify various 
                        port call processes; and
                            (iii) terms used to notify relevant 
                        stakeholders that the freight of those 
                        stakeholders is available; or
                    (B) to develop the technology needed to improve 
                communication of eligible entities with respect to 
                freight location, availability, and equipment among--
                            (i) port authorities;
                            (ii) marine terminal operators;
                            (iii) shippers;
                            (iv) rail carriers;
                            (v) motor carriers and drayage providers; 
                        and
                            (vi) other relevant stakeholders; and
            (2) result in a planning document described in subsection 
        (e).
    (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).
    (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--
            (1) identifies what would be necessary to standardize the 
        applicable definitions;
            (2) identifies what would be necessary to develop the 
        applicable technology;
            (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
            (4) addresses concerns regarding data privacy.
    (f) Project Requirements.--
            (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.
            (2) Maximum grant amount.--The maximum amount of a grant 
        provided under the program shall be $1,000,000.
            (3) Eligible expenses.--A grant provided under the program 
        may be used for eligible project expenses, including--
                    (A) communications hardware and software;
                    (B) data management hardware and software; and
                    (C) planning and engineering costs.
    (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.
    (h) Lessons Learned.--The Secretary shall--
            (1) analyze the information contained in each planning 
        document submitted under subsection (e); and
            (2) develop and make publicly available lessons learned 
        with respect to standardizing port definitions and 
        communications technology based on that information.
    (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.

SEC. 4. STUDY ON DOCUMENTATION AND TERMS USED IN FREIGHT 
              TRANSPORTATION.

    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--
            (1) to identify and document--
                    (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--
                            (i) from the point of origin to an ocean 
                        carrier;
                            (ii) on an ocean carrier;
                            (iii) through any port; and
                            (iv) by rail or truck from a port to the 
                        destination;
                    (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--
                            (i) the type of freight being moved;
                            (ii) the mode by which the freight moves;
                            (iii) whether the freight is required to be 
                        moved by multiple modes;
                            (iv) the State or region in the United 
                        States from, through, or to which the freight 
                        moves;
                            (v) the port or marine terminal operator;
                            (vi) the origination or destination of the 
                        freight; and
                            (vii) other relevant criteria; and
                    (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
            (2) to assess and determine--
                    (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;
                    (B) the best methods to link and enable effective 
                exchange of those data across existing systems, both 
                domestically and internationally;
                    (C) methods to standardize data obtained from long-
                standing separate data systems; and
                    (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--
                            (i) the location of freight at ports;
                            (ii) the availability of freight for 
                        pickup; and
                            (iii) the ability to receive and return 
                        equipment at ports.

SEC. 5. DWELL TIME STATISTICS.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the Bureau of Transportation Statistics.
            (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--
                    (A) subject to maintenance; or
                    (B) in use.
            (3) 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.
    (b) Authority To Collect Data.--
            (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.
            (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.
    (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--
            (1) total dwell time, from all causes, of marine containers 
        and marine container chassis; and
            (2) at a minimum, maintenance dwell time and in-use dwell 
        time of marine containers and marine container chassis.
    (d) Factors.--To the maximum extent practicable, the Director shall 
publish the statistics described in subsection (c)--
            (1) on a local, regional, and national basis; and
            (2) at major coastal and inland port facilities.

SEC. 6. FEDERAL MARITIME COMMISSION ACTIVITIES.

    (a) Public Submissions to Commission.--The Chairperson of 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. 7. 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) Authorization of Appropriations.--There is authorized to be 
appropriated to the Commission to carry out this section $500,000.

SEC. 8. ENHANCING ANTI-RETALIATION PROTECTIONS.

    (a) General Prohibitions.--Section 41102 of title 46, United States 
Code, is amended by adding at the end the following:
    ``(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--
            ``(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
            ``(2) resort to any other unfair or unjustly discriminatory 
        action for--
                    ``(A) the reason that a shipper, an agent of a 
                shipper, an ocean transportation intermediary, or motor 
                carrier has--
                            ``(i) patronized another carrier; or
                            ``(ii) filed a complaint against the common 
                        carrier, marine terminal operator, or ocean 
                        transportation intermediary; or
                    ``(B) any other reason.''.
    (b) Conforming Amendments.--
            (1) Section 41104 of title 46, United States Code, is 
        amended--
                    (A) in subsection (a)--
                            (i) by striking paragraph (3); and
                            (ii) by redesignating paragraphs (4) 
                        through (13) as paragraphs (3) through (12), 
                        respectively;
                    (B) in subsection (b), by striking ``subsection 
                (a)(13)'' and inserting ``subsection (a)(12)''; and
                    (C) in subsection (c), by striking ``subsection 
                (a)(13)'' and inserting ``subsection (a)(12)''.
            (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)''.
            (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)''.
            (4) Section 41305 of title 46, United States Code, is 
        amended--
                    (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
                    (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)''.
    (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''.

SEC. 9. RELIEF AVAILABLE IN ENFORCEMENT PROCEEDINGS.

    (a) Assessment of Penalties.--Section 41109 of title 46, United 
States Code, is amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) General Authority.--Until a matter is referred to the 
Attorney General, the Federal Maritime Commission may--
            ``(1) after notice and opportunity for a hearing, in 
        accordance with this part--
                    ``(A) assess a civil penalty; or
                    ``(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
            ``(2) compromise, modify, or remit, with or without 
        conditions, a civil penalty or refund imposed under paragraph 
        (1).
    ``(b) Determination of Amount.--
            ``(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--
                    ``(A) the nature, circumstances, extent, and 
                gravity of the violation committed;
                    ``(B) with respect to the violator--
                            ``(i) the degree of culpability;
                            ``(ii) any history of prior offenses;
                            ``(iii) the ability to pay; and
                            ``(iv) such other matters as justice may 
                        require; and
                    ``(C) the amount of any refund of money ordered 
                pursuant to subsection (a)(1)(B).
            ``(2) Commensurate reduction in civil penalty.--
                    ``(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)).
                    ``(B) Treatment of refunds.--A refund of money 
                ordered pursuant to subsection (a)(1)(B) shall be--
                            ``(i) considered to be compensation paid to 
                        the applicable claimant; and
                            ``(ii) deducted from the total amount of 
                        damages awarded to that claimant in a civil 
                        action against the violator relating to the 
                        applicable violation.'';
            (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'';
            (3) in subsection (e), by inserting ``or order a refund of 
        money'' after ``penalty'';
            (4) in subsection (f), by inserting ``, or that is ordered 
        to refund money,'' after ``assessed''; and
            (5) in subsection (g), in the first sentence, by inserting 
        ``or a refund required under this section'' after ``penalty''.
    (b) Enforcement of Reparation Orders.--Section 41309 of title 46, 
United States Code, is amended--
            (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
            (2) in subsection (b), in the first sentence--
                    (A) by striking ``made an award of reparation'' and 
                inserting ``ordered a refund of money or any other 
                award of reparation''; and
                    (B) by inserting ``(except for the Commission or 
                any component of the Commission)'' after ``parties in 
                the order''.

SEC. 10. PORT INFRASTRUCTURE PERFORMANCE.

    (a) Port and Intermodal Improvement Program.--
            (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.
            (2) Data-sharing agreement.--
                    (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).
                    (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.
                    (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.
            (3) Inclusions.--The data referred to in paragraph (2)(A) 
        include data collected by a qualifying port authority relating 
        to--
                    (A) the total capacity of inbound and outbound 
                cargo;
                    (B) the total volume of inbound and outbound cargo;
                    (C) the average number of lifts per hour of 
                containers by crane;
                    (D) the average vessel turn time, expressed by 
                vessel type;
                    (E) the average cargo, container, and intermodal 
                equipment dwell time;
                    (F) port storage capacity and utilization;
                    (G) modal throughput statistics, including--
                            (i) rail statistics; and
                            (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'');
                    (H) the types of cargo moved;
                    (I) the presence and location of any intermodal 
                connectors;
                    (J) the physical size of each terminal within 
                applicable port boundaries;
                    (K) maximum authorized channel depth and maximum 
                actual and current channel depth;
                    (L) the schedule of vessel arrivals, for use in 
                determining vessel on-time performance;
                    (M) berth utilization; and
                    (N) any additional metrics, as determined by the 
                Secretary.
            (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.
            (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.
            (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).
    (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--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following:
            ``(B) administer the port and intermodal improvement 
        program under section 50302(c) of title 46; and''.

SEC. 11. 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 30 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 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;
                    (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 1 year after the date of 
        enactment of this Act.

SEC. 12. ADDITIONAL TRANSPORTATION REPRESENTATION.

    Section 1325(a) of title 49, United States Code, is amended--
            (1) in the matter preceding paragraph (1), by striking ``19 
        members, of which 15 members'' and inserting ``24 members, of 
        whom 18''; and
            (2) in paragraph (3)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively, and indenting 
                appropriately;
                    (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:
            ``(3)(A) The remaining 9 members of the Council shall be 
        appointed to'';
                    (C) in subparagraph (A) (as so designated)--
                            (i) in clause (i) (as so redesignated), by 
                        striking ``and'' at the end;
                            (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
                            (iii) by adding at the end the following:
                            ``(iii) at least 1 shall be a 
                        representative of marine terminal operators or 
                        ports.''; and
                    (D) by adding at the end the following:
            ``(B) Nothing in this paragraph limits any provision 
        relating to the appointment of the members under paragraph 
        (2).''.

SEC. 13. PERMANENT WAIVER.

    (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.
    (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.
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