```

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

<DOC>

                                                       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.

    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''.

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 3. GRANT PROGRAM TO IMPROVE MOVEMENT OF 
              FREIGHT.</DELETED>

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

<DELETED>SEC. 4. STUDY ON DOCUMENTATION AND TERMS USED IN FREIGHT 
              TRANSPORTATION.</DELETED>

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

<DELETED>SEC. 5. DWELL TIME STATISTICS.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Director.--The term ``Director'' means the 
        Director of the Bureau of Transportation Statistics.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) subject to maintenance; or</DELETED>
                <DELETED>    (B) in use.</DELETED>
        <DELETED>    (3) Marine container.--The term ``marine 
        container'' means an intermodal container with a length of--
        </DELETED>
                <DELETED>    (A) not less than 20 feet; and</DELETED>
                <DELETED>    (B) not greater than 45 feet.</DELETED>
<DELETED>    (b) Authority To Collect Data.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (1) total dwell time, from all causes, of marine 
        containers and marine container chassis; and</DELETED>
        <DELETED>    (2) at a minimum, maintenance dwell time and in-
        use dwell time of marine containers and marine container 
        chassis.</DELETED>
<DELETED>    (d) Factors.--To the maximum extent practicable, the 
Director shall publish the statistics described in subsection (c)--
</DELETED>
        <DELETED>    (1) on a local, regional, and national basis; 
        and</DELETED>
        <DELETED>    (2) at major coastal and inland port 
        facilities.</DELETED>

<DELETED>SEC. 6. FEDERAL MARITIME COMMISSION ACTIVITIES.</DELETED>

<DELETED>    (a) Public Submissions to Commission.--The Chairperson of 
the Commission shall--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) direct each submission under the link 
        established under paragraph (1) to the appropriate component 
        office of the Commission.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Enhancing Capacity for Investigations.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Duties.--The additional staff appointed under 
        paragraph (1) shall provide support--</DELETED>
                <DELETED>    (A) to Area Representatives of the Bureau 
                of Enforcement;</DELETED>
                <DELETED>    (B) to attorneys of the Bureau of 
                Enforcement in enforcing the laws and regulations 
                subject to the jurisdiction of the 
                Commission;</DELETED>
                <DELETED>    (C) for the alternative dispute resolution 
                services of the Commission; or</DELETED>
                <DELETED>    (D) for the review of agreements and 
                activities subject to the authority of the 
                Commission.</DELETED>

<DELETED>SEC. 7. BEST PRACTICES FOR CHASSIS POOLS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Requirements.--In developing best practices under 
subsection (a), the Transportation Research Board shall--</DELETED>
        <DELETED>    (1) take into consideration--</DELETED>
                <DELETED>    (A) practical obstacles to the 
                implementation of chassis pools; and</DELETED>
                <DELETED>    (B) potential solutions to those 
                obstacles; and</DELETED>
        <DELETED>    (2) address relevant communication practices, 
        information sharing, and knowledge management.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There is authorized 
to be appropriated to the Commission to carry out this section 
$500,000.</DELETED>

<DELETED>SEC. 8. ENHANCING ANTI-RETALIATION PROTECTIONS.</DELETED>

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

<DELETED>SEC. 9. RELIEF AVAILABLE IN ENFORCEMENT PROCEEDINGS.</DELETED>

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

<DELETED>SEC. 10. PORT INFRASTRUCTURE PERFORMANCE.</DELETED>

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

<DELETED>SEC. 11. TEMPORARY EMERGENCY AUTHORITY.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Common carrier.--The term ``common carrier'' 
        has the meaning given the term in section 40102 of title 46, 
        United States Code.</DELETED>
        <DELETED>    (2) Motor carrier.--The term ``motor carrier'' has 
        the meaning given the term in section 13102 of title 49, United 
        States Code.</DELETED>
        <DELETED>    (3) Rail carrier.--The term ``rail carrier'' has 
        the meaning given the term in section 10102 of title 49, United 
        States Code.</DELETED>
        <DELETED>    (4) Shipper.--The term ``shipper'' has the meaning 
        given the term in section 40102 of title 46, United States 
        Code.</DELETED>
<DELETED>    (b) Public Input on Information Sharing.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) whether an emergency order under this 
                section would alleviate such an emergency situation; 
                and</DELETED>
                <DELETED>    (C) the appropriate scope of such an 
                emergency order, if applicable.</DELETED>
        <DELETED>    (2) Consultation.--During the public comment 
        period under paragraph (1), the Commission may consult, as the 
        Commission determines to be appropriate, with--</DELETED>
                <DELETED>    (A) other Federal departments and 
                agencies; and</DELETED>
                <DELETED>    (B) persons with expertise relating to 
                maritime and freight operations.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) any inland destination or point of 
        origin;</DELETED>
        <DELETED>    (2) any vessel; or</DELETED>
        <DELETED>    (3) any point on a wharf or terminal.</DELETED>
<DELETED>    (d) Description of Determination.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) Petitions for Exception.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Determination.--The Commission shall make a 
        determination regarding a petition for exception under 
        paragraph (1) by--</DELETED>
                <DELETED>    (A) majority vote; and</DELETED>
                <DELETED>    (B) not later than 21 days after the date 
                on which the petition is submitted.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (f) Limitations.--</DELETED>
        <DELETED>    (1) Term.--An emergency order issued pursuant to 
        this section--</DELETED>
                <DELETED>    (A) shall remain in effect for a period of 
                not longer than 60 days; but</DELETED>
                <DELETED>    (B) may be renewed by a unanimous 
                determination of the Commission.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 12. ADDITIONAL TRANSPORTATION REPRESENTATION.</DELETED>

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

<DELETED>SEC. 13. PERMANENT WAIVER.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

SEC. 2. DWELL TIME STATISTICS.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the Bureau of Transportation Statistics.
            (2) 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.
            (3) Out of service percentage.--The term ``out of service 
        percentage'' means the proportion of the chassis fleet for any 
        defined geographical area that is out of service at any one 
        time.
            (4) Street dwell time.--The term ``street dwell time'', 
        with respect to a piece of equipment, means the quantity of 
        time during which the piece of equipment is in use outside of 
        the terminal.
    (b) Authority to Collect Data.--
            (1) In general.--Each port, marine terminal operator, and 
        chassis owner or provider with a fleet of over 50 chassis that 
        supply chassis for a fee 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.--Subject to the availability of 
        appropriations, not later than 60 days after the date of 
        enactment of this Act, the Director of the Office of Management 
        and Budget shall approve an information collection for purposes 
        of this section.
    (c) Publication.--Subject to the availability of appropriations, 
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 at the top 25 intermodal freight facilities, including--
            (1) total street dwell time, from all causes, of marine 
        containers and marine container chassis; and
            (2) the average out of service percentage, which shall not 
        be identifiable with any particular port, marine terminal 
        operators, or chassis provider.
    (d) Factors.--Subject to the availability of appropriations, to the 
maximum extent practicable, the Director shall publish the statistics 
described in subsection (c) on a local, regional, and national basis.
    (e) Sunset.--The authority under this section shall expire December 
31, 2026.

SEC. 3. FEDERAL MARITIME COMMISSION ACTIVITIES.

    (a) Public Submissions to Commission.--The Federal Maritime 
Commission (referred to in this Act as 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. 4. 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 60 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 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 18 months after the date of 
        enactment of this Act.
            (3) Investigative authority unaffected.--Nothing in this 
        section shall affect the investigative authorities of the 
        Commission as described in subpart R of part 502 of title 46, 
        Code of Federal Regulations.

SEC. 5. 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) Funding.--Subject to appropriations, the Commission may expend 
such sums as are necessary, but not to exceed $500,000, to carry out 
this section.

SEC. 6. LICENSING TESTING.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Administrator of the Federal Motor Carrier Safety 
Administration (referred to in this section as the ``Administrator'') 
shall conduct a review of the discretionary waiver authority 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, for safety 
concerns.
    (b) Permanent Waiver.--If the Administrator finds no safety 
concerns after conducting a review under subsection (a), the 
Administrator shall, notwithstanding any other provision of law, make 
the waiver permanent.
    (c) Rulemaking.--Not later than 90 days after completing the review 
under subsection (a), the Administrator shall revise section 384.228 of 
title 49, Code of Federal Regulations, to provide that the 
discretionary waiver authority referred to in subsection (a) shall be 
permanent.
                                                       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
```