II 

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. 

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’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

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

10 means the Federal Maritime Commission. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 3262 IS

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

2 the Secretary of Transportation. 

3 SEC. 3. GRANT PROGRAM TO IMPROVE MOVEMENT OF 

4 FREIGHT. 

5 (a) DEFINITIONS.—In this section: 

6 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti7 ty’’ means— 

8 (A) a port authority; 

9 (B) a State entity; and 

10 (C) a local entity. 

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

12 the discretionary grant program established under 

13 subsection (b). 

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

15 the date of enactment of this Act, the Secretary shall es16 tablish, within the Office of the Secretary, a discretionary 

17 grant program relating to improving the efficient move18 ment of freight at ports. 

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

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

21 projects that— 

22 (1) identify what would be needed for eligible 

23 entities— 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 3262 IS

1 (A) to standardize the definitions of terms 

2 used in port operations and related documenta3 tion, including— 

4 (i) terms used in bills of lading; 

5 (ii) the terms used to identify various 

6 port call processes; and 

7 (iii) terms used to notify relevant 

8 stakeholders that the freight of those 

9 stakeholders is available; or 

10 (B) to develop the technology needed to 

11 improve communication of eligible entities with 

12 respect to freight location, availability, and 

13 equipment among— 

14 (i) port authorities; 

15 (ii) marine terminal operators; 

16 (iii) shippers; 

17 (iv) rail carriers; 

18 (v) motor carriers and drayage pro19 viders; and 

20 (vi) other relevant stakeholders; and 

21 (2) result in a planning document described in 

22 subsection (e). 

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

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

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


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 3262 IS

1 and containing such information as the Secretary may re2 quire, including a description of the means by which the 

3 eligible entity will incorporate the views and input of other 

4 port stakeholders in identifying what would be needed to 

5 standardize the definitions described in subsection 

6 (c)(1)(A) and develop the technology described in sub7 section (c)(1)(B). 

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

9 receives a grant under the program shall develop and sub10 mit to the Secretary, at such time as the Secretary deter11 mines to be appropriate, a planning document that— 

12 (1) identifies what would be necessary to stand13 ardize the applicable definitions; 

14 (2) identifies what would be necessary to de15 velop the applicable technology; 

16 (3) includes input from relevant stakeholders, 

17 such as marine terminal operators, port authorities, 

18 State and local governments, ocean carriers, barge 

19 operators, motor carriers, rail carriers, drayage pro20 viders, chassis providers, and freight forwarders and 

21 brokers; and 

22 (4) addresses concerns regarding data privacy. 

23 (f) PROJECT REQUIREMENTS.— 

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

25 the total costs of a project for which a grant is proVerDate Sep 11 2014 22:36 Nov 23, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3262.IS S3262

kjohnson on DSK79L0C42PROD with BILLS
5 

•S 3262 IS

1 vided under the program shall be not more than 50 

2 percent. 

3 (2) MAXIMUM GRANT AMOUNT.—The maximum 

4 amount of a grant provided under the program shall 

5 be $1,000,000. 

6 (3) ELIGIBLE EXPENSES.—A grant provided 

7 under the program may be used for eligible project 

8 expenses, including— 

9 (A) communications hardware and soft10 ware; 

11 (B) data management hardware and soft12 ware; and 

13 (C) planning and engineering costs. 

14 (g) GRANT INFORMATION.—At the request of an eli15 gible entity that receives a grant under the program, the 

16 Secretary shall provide to the eligible entity information 

17 relating to other grant programs offered through the De18 partment of Transportation under which the planning 

19 projects of the eligible entity under the program may be 

20 considered to be an eligible activity. 

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

22 (1) analyze the information contained in each 

23 planning document submitted under subsection (e); 

24 and 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 3262 IS

1 (2) develop and make publicly available lessons 

2 learned with respect to standardizing port definitions 

3 and communications technology based on that infor4 mation. 

5 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to the Secretary to carry 

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

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

9 FREIGHT TRANSPORTATION. 

10 Not later than 180 days after the date of enactment 

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

12 with the National Academy of Sciences under which the 

13 National Academy of Sciences shall carry out a study— 

14 (1) to identify and document— 

15 (A) the documentation, the data and infor16 mation exchange, and other actions necessary 

17 to transport freight from a point of origin over18 seas to a destination in the United States, or 

19 from a point of origin in the United States to 

20 a destination overseas, including transportation 

21 of the freight— 

22 (i) from the point of origin to an 

23 ocean carrier; 

24 (ii) on an ocean carrier; 

25 (iii) through any port; and 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 3262 IS

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

2 destination; 

3 (B) whether and how the key terms used 

4 in that documentation or the data and informa5 tion exchanged, or to describe various actions to 

6 move freight, vary depending on— 

7 (i) the type of freight being moved; 

8 (ii) the mode by which the freight 

9 moves; 

10 (iii) whether the freight is required to 

11 be moved by multiple modes; 

12 (iv) the State or region in the United 

13 States from, through, or to which the 

14 freight moves; 

15 (v) the port or marine terminal oper16 ator; 

17 (vi) the origination or destination of 

18 the freight; and 

19 (vii) other relevant criteria; and 

20 (C) recommendations with respect to 

21 means to rationalize existing terms, documenta22 tion, and data and information exchanged to 

23 enable port stakeholders to better track and 

24 manage freight transfer and delivery; and 

25 (2) to assess and determine— 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 3262 IS

1 (A) the data held and shared across exist2 ing, separate data systems used in international 

3 transportation across different modes of trans4 portation, with respect to methods to link those 

5 data across the existing, separate data systems; 

6 (B) the best methods to link and enable ef7 fective exchange of those data across existing 

8 systems, both domestically and internationally; 

9 (C) methods to standardize data obtained 

10 from long-standing separate data systems; and 

11 (D) gaps in existing data and technology 

12 standards that would be necessary to address 

13 the development of systems to allow port stake14 holders to better track and predict— 

15 (i) the location of freight at ports; 

16 (ii) the availability of freight for pick17 up; and 

18 (iii) the ability to receive and return 

19 equipment at ports. 

20 SEC. 5. DWELL TIME STATISTICS. 

21 (a) DEFINITIONS.—In this section: 

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

23 the Director of the Bureau of Transportation Statis24 tics. 


kjohnson on DSK79L0C42PROD with BILLS
9 

•S 3262 IS

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

2 with respect to a piece of equipment, means the 

3 quantity of time during which the piece of equip4 ment is— 

5 (A) subject to maintenance; or 

6 (B) in use. 

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

8 container’’ means an intermodal container with a 

9 length of— 

10 (A) not less than 20 feet; and 

11 (B) not greater than 45 feet. 

12 (b) AUTHORITY TO COLLECT DATA.— 

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

14 operator, and chassis provider shall submit to the 

15 Director such data as the Director determines to be 

16 necessary for the implementation of this section, 

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

18 United States Code. 

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

20 Office of Management and Budget shall approve an 

21 information collection for purposes of this section by 

22 not later than 60 days after the date of enactment 

23 of this Act. 

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

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


kjohnson on DSK79L0C42PROD with BILLS
10 

•S 3262 IS

1 monthly thereafter, the Director shall publish statistics re2 lating to the dwell time of equipment used in intermodal 

3 transportation, including— 

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

5 containers and marine container chassis; and 

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

7 in-use dwell time of marine containers and marine 

8 container chassis. 

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

10 the Director shall publish the statistics described in sub11 section (c)— 

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

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

14 SEC. 6. FEDERAL MARITIME COMMISSION ACTIVITIES. 

15 (a) PUBLIC SUBMISSIONS TO COMMISSION.—The 

16 Chairperson of the Commission shall— 

17 (1) establish on the public website of the Com18 mission a webpage that allows for the submission of 

19 comments, complaints, concerns, reports of non20 compliance, requests for investigation, and requests 

21 for alternative dispute resolution; and 

22 (2) direct each submission under the link estab23 lished under paragraph (1) to the appropriate com24 ponent office of the Commission. 


kjohnson on DSK79L0C42PROD with BILLS
11 

•S 3262 IS

1 (b) AUTHORIZATION OF OFFICE OF CONSUMER AF2 FAIRS AND DISPUTE RESOLUTION SERVICES.—The Com3 mission shall maintain an Office of Consumer Affairs and 

4 Dispute Resolution Services to provide nonadjudicative 

5 ombuds assistance, mediation, facilitation, and arbitration 

6 to resolve challenges and disputes involving cargo ship7 ments, household good shipments, and cruises subject to 

8 the jurisdiction of the Commission. 

9 (c) ENHANCING CAPACITY FOR INVESTIGATIONS.— 

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

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

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

13 Chairperson of the Commission shall staff within the 

14 Bureau of Enforcement, the Bureau of Certification 

15 and Licensing, the Office of the Managing Director, 

16 the Office of Consumer Affairs and Dispute Resolu17 tion Services, and the Bureau of Trade Analysis not 

18 fewer than 7 total positions to assist in investiga19 tions and oversight, in addition to the positions with20 in the Bureau of Enforcement, the Bureau of Cer21 tification and Licensing, the Office of the Managing 

22 Director, the Office of Consumer Affairs and Dis23 pute Resolution Services, and the Bureau of Trade 

24 Analysis on that date of enactment. 


kjohnson on DSK79L0C42PROD with BILLS
12 

•S 3262 IS

1 (2) DUTIES.—The additional staff appointed 

2 under paragraph (1) shall provide support— 

3 (A) to Area Representatives of the Bureau 

4 of Enforcement; 

5 (B) to attorneys of the Bureau of Enforce6 ment in enforcing the laws and regulations sub7 ject to the jurisdiction of the Commission; 

8 (C) for the alternative dispute resolution 

9 services of the Commission; or 

10 (D) for the review of agreements and ac11 tivities subject to the authority of the Commis12 sion. 

13 SEC. 7. BEST PRACTICES FOR CHASSIS POOLS. 

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

15 Commission shall enter into an agreement with the Trans16 portation Research Board of the National Academies of 

17 Sciences, Engineering, and Medicine under which the 

18 Transportation Research Board shall carry out a study 

19 and develop best practices for on-terminal or near-ter20 minal chassis pools that provide service to marine terminal 

21 operators, motor carriers, railroads, and other stake22 holders that use the chassis pools, with the goal of opti23 mizing supply chain efficiency and effectiveness. 


kjohnson on DSK79L0C42PROD with BILLS
13 

•S 3262 IS

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— 


kjohnson on DSK79L0C42PROD with BILLS
14 

•S 3262 IS

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; 


kjohnson on DSK79L0C42PROD with BILLS
15 

•S 3262 IS

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)’’. 


kjohnson on DSK79L0C42PROD with BILLS
16 

•S 3262 IS

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). 


kjohnson on DSK79L0C42PROD with BILLS
17 

•S 3262 IS

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 


kjohnson on DSK79L0C42PROD with BILLS
18 

•S 3262 IS

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— 


kjohnson on DSK79L0C42PROD with BILLS
19 

•S 3262 IS

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 


kjohnson on DSK79L0C42PROD with BILLS
20 

•S 3262 IS

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; 


kjohnson on DSK79L0C42PROD with BILLS
21 

•S 3262 IS

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; 


kjohnson on DSK79L0C42PROD with BILLS
22 

•S 3262 IS

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


kjohnson on DSK79L0C42PROD with BILLS
23 

•S 3262 IS

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. 


kjohnson on DSK79L0C42PROD with BILLS
24 

•S 3262 IS

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 


kjohnson on DSK79L0C42PROD with BILLS
25 

•S 3262 IS

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 


kjohnson on DSK79L0C42PROD with BILLS
26 

•S 3262 IS

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 


kjohnson on DSK79L0C42PROD with BILLS
27 

•S 3262 IS

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 22:36 Nov 23, 2021 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3262.IS S3262

kjohnson on DSK79L0C42PROD with BILLS
28 

•S 3262 IS

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 22:36 Nov 23, 2021 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3262.IS S3262

kjohnson on DSK79L0C42PROD with BILLS
29 

•S 3262 IS

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. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS