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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3580 Enrolled Bill (ENR)]

        S.3580

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty two

                                 An Act

 
 To amend title 46, United States Code, with respect to prohibited acts 
  by ocean common carriers or marine terminal operators, 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 ``Ocean Shipping Reform Act of 2022''.
SEC. 2. PURPOSES.
    Section 40101 of title 46, United States Code, is amended--
        (1) by striking paragraph (2) and inserting the following:
        ``(2) ensure an efficient, competitive, and economical 
    transportation system in the ocean commerce of the United 
    States;'';
        (2) in paragraph (3), by inserting ``and supporting commerce'' 
    after ``needs''; and
        (3) by striking paragraph (4) and inserting the following:
        ``(4) promote the growth and development of United States 
    exports through a competitive and efficient system for the carriage 
    of goods by water in the foreign commerce of the United States, and 
    by placing a greater reliance on the marketplace.''.
SEC. 3. SERVICE CONTRACTS.
    Section 40502(c) of title 46, United States Code, is amended--
        (1) in paragraph (7), by striking ``; and'' and inserting a 
    semicolon;
        (2) in paragraph (8), by striking the period and inserting ``; 
    and''; and
        (3) by adding at the end the following:
        ``(9) any other essential terms that the Federal Maritime 
    Commission determines necessary or appropriate through a rulemaking 
    process.''.
SEC. 4. SHIPPING EXCHANGE REGISTRY.
    (a) In General.--Chapter 405 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 40504. Shipping exchange registry
    ``(a) In General.--No person may operate a shipping exchange 
involving ocean transportation in the foreign commerce of the United 
States unless the shipping exchange is registered as a national 
shipping exchange under the terms and conditions provided in this 
section and the regulations issued pursuant to this section.
    ``(b) Registration.--A person shall register a shipping exchange by 
filing with the Federal Maritime Commission an application for 
registration in such form as the Commission, by rule, may prescribe, 
containing the rules of the exchange and such other information and 
documents as the Commission, by rule, may prescribe as necessary or 
appropriate to complete a shipping exchange's registration.
    ``(c) Exemption.--The Commission may exempt, conditionally or 
unconditionally, a shipping exchange from registration under this 
section if the Commission finds that the shipping exchange is subject 
to comparable, comprehensive supervision and regulation by the 
appropriate governmental authorities in a foreign country where the 
shipping exchange is headquartered.
    ``(d) Regulations.--Not later than 3 years after the date of 
enactment of the Ocean Shipping Reform Act of 2022, the Commission 
shall issue regulations pursuant to subsection (a), which shall set 
standards necessary to carry out subtitle IV of this title for 
registered national shipping exchanges. For consideration of a service 
contract entered into by a shipping exchange, the Commission shall be 
limited to the minimum essential terms for service contracts 
established under section 40502 of this title.
    ``(e) Definition of Shipping Exchange.--In this section, the term 
`shipping exchange' means a platform (digital, over-the-counter, or 
otherwise) that connects shippers with common carriers for the purpose 
of entering into underlying agreements or contracts for the transport 
of cargo, by vessel or other modes of transportation.''.
    (b) Applicability.--The registration requirement under section 
40504 of title 46, United States Code (as added by subsection (a)), 
shall take effect on the date on which the Federal Maritime Commission 
states the rule is effective in the regulations issued under such 
section.
    (c) Clerical Amendment.--The analysis for chapter 405 of title 46, 
United States Code, is amended by adding at the end the following:
``40504. Shipping exchange registry.''.
SEC. 5. PROHIBITION ON RETALIATION.
    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.''.
SEC. 6. PUBLIC DISCLOSURE.
    Section 46106 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(d) Public Disclosures.--The Federal Maritime Commission shall 
publish, and annually update, on the website of the Commission--
        ``(1) all findings by the Commission of false detention and 
    demurrage invoice information by common carriers under section 
    41104(a)(15) of this title; and
        ``(2) all penalties imposed or assessed against common 
    carriers, as applicable, under sections 41107, 41108, and 41109, 
    listed by each common carrier.''.
SEC. 7. COMMON CARRIERS.
    (a) In General.--Section 41104 of title 46, United States Code, is 
amended--
        (1) in subsection (a)--
            (A) in the matter preceding paragraph (1), by striking 
        ``may not'' and inserting ``shall not'';
            (B) by striking paragraph (3) and inserting the following:
        ``(3) unreasonably refuse cargo space accommodations when 
    available, or resort to other unfair or unjustly discriminatory 
    methods;'';
            (C) in paragraph (5), by striking`` in the matter of rates 
        or charges'' and inserting ``against any commodity group or 
        type of shipment or in the matter of rates or charges'';
            (D) in paragraph (10), by adding ``, including with respect 
        to vessel space accommodations provided by an ocean common 
        carrier'' after ``negotiate'';
            (E) in paragraph (12) by striking ``; or'' and inserting a 
        semicolon;
            (F) in paragraph (13) by striking the period and inserting 
        a semicolon; and
            (G) by adding at the end the following:
        ``(14) assess any party for a charge that is inconsistent or 
    does not comply with all applicable provisions and regulations, 
    including subsection (c) of section 41102 or part 545 of title 46, 
    Code of Federal Regulations (or successor regulations);
        ``(15) invoice any party for demurrage or detention charges 
    unless the invoice includes information as described in subsection 
    (d) showing that such charges comply with--
            ``(A) all provisions of part 545 of title 46, Code of 
        Federal Regulations (or successor regulations); and
            ``(B) applicable provisions and regulations, including the 
        principles of the final rule published on May 18, 2020, 
        entitled `Interpretive Rule on Demurrage and Detention Under 
        the Shipping Act' (or successor rule); or
        ``(16) for service pursuant to a service contract, give any 
    undue or unreasonable preference or advantage or impose any undue 
    or unreasonable prejudice or disadvantage against any commodity 
    group or type of shipment.''; and
        (2) by adding at the end the following:
    ``(d) Detention and Demurrage Invoice Information.--
        ``(1) Inaccurate invoice.--If the Commission determines, after 
    an investigation in response to a submission under section 41310, 
    that an invoice under subsection (a)(15) was inaccurate or false, 
    penalties or refunds under section 41107 shall be applied.
        ``(2) Contents of invoice.--An invoice under subsection 
    (a)(15), unless otherwise determined by subsequent Commission 
    rulemaking, shall include accurate information on each of the 
    following, as well as minimum information as determined by the 
    Commission:
            ``(A) Date that container is made available.
            ``(B) The port of discharge.
            ``(C) The container number or numbers.
            ``(D) For exported shipments, the earliest return date.
            ``(E) The allowed free time in days.
            ``(F) The start date of free time.
            ``(G) The end date of free time.
            ``(H) The applicable detention or demurrage rule on which 
        the daily rate is based.
            ``(I) The applicable rate or rates per the applicable rule.
            ``(J) The total amount due.
            ``(K) The email, telephone number, or other appropriate 
        contact information for questions or requests for mitigation of 
        fees.
            ``(L) A statement that the charges are consistent with any 
        of Federal Maritime Commission rules with respect to detention 
        and demurrage.
            ``(M) A statement that the common carrier's performance did 
        not cause or contribute to the underlying invoiced charges.
    ``(e) Safe Harbor.--If a non-vessel operating common carrier passes 
through to the relevant shipper an invoice made by the ocean common 
carrier, and the Commission finds that the non-vessel operating common 
carrier is not otherwise responsible for the charge, then the ocean 
common carrier shall be subject to refunds or penalties pursuant to 
subsection (d)(1).
    ``(f) Elimination of Charge Obligation.--Failure to include the 
information required under subsection (d) on an invoice with any 
demurrage or detention charge shall eliminate any obligation of the 
charged party to pay the applicable charge.''.
    (b) Rulemaking on Demurrage or Detention.--
        (1) In general.--Not later than 45 days after the date of 
    enactment of this Act, the Federal Maritime Commission shall 
    initiate a rulemaking further defining prohibited practices by 
    common carriers, marine terminal operators, shippers, and ocean 
    transportation intermediaries under section 41102(c) of title 46, 
    United States Code, regarding the assessment of demurrage or 
    detention charges. The Federal Maritime Commission shall issue a 
    final rule defining such practices not later than 1 year after the 
    date of enactment of this Act.
        (2) Contents.--The rule under paragraph (1) shall only seek to 
    further clarify reasonable rules and practices related to the 
    assessment of detention and demurrage charges to address the issues 
    identified in the final rule published on May 18, 2020, entitled 
    ``Interpretive Rule on Demurrage and Detention Under the Shipping 
    Act'' (or successor rule), including a determination of which 
    parties may be appropriately billed for any demurrage, detention, 
    or other similar per container charges.
    (c) Rulemaking on Unfair or Unjustly Discriminatory Methods.--Not 
later than 60 days after the date of enactment of this Act, the Federal 
Maritime Commission shall initiate a rulemaking defining unfair or 
unjustly discriminatory methods under section 41104(a)(3) of title 46, 
United States Code, as amended by this section. The Federal Maritime 
Commission shall issue a final rule not later than 1 year after the 
date of enactment of this Act.
    (d) Rulemaking on Unreasonable Refusal to Deal or Negotiate With 
Respect to Vessel Space Accommodations.--Not later than 30 days after 
the date of enactment of this Act, the Federal Maritime Commission, in 
consultation with the Commandant of the United States Coast Guard, 
shall initiate a rulemaking defining unreasonable refusal to deal or 
negotiate with respect to vessel space under section 41104(a)(10) of 
title 46, as amended by this section. The Federal Maritime Commission 
shall issue a final rule not later than 6 months after the date of 
enactment of this Act.
SEC. 8. ASSESSMENT OF PENALTIES OR REFUNDS.
    (a) In General.--Title 46, United States Code, is amended--
        (1) in section 41107--
            (A) in the section heading, by inserting ``or refunds'' 
        after ``penalties'';
            (B) in subsection (a), by inserting ``or, in addition to or 
        in lieu of a civil penalty, is liable for the refund of a 
        charge'' after ``civil penalty''; and
            (C) in subsection (b), by inserting ``or, in addition to or 
        in lieu of a civil penalty, the refund of a charge,'' after 
        ``civil penalty''; and
        (2) section 41109 is amended--
            (A) 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.'';
            (B) 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'';
            (C) in subsection (e), by inserting ``or order a refund of 
        money'' after ``penalty'';
            (D) in subsection (f), by inserting ``, or that is ordered 
        to refund money,'' after ``assessed''; and
            (E) in subsection (g), in the first sentence, by inserting 
        ``or a refund required under this section'' after ``penalty''.
SEC. 9. DATA COLLECTION.
    (a) In General.--Chapter 411 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 41110. Data collection
    ``The Federal Maritime Commission shall publish on its website a 
calendar quarterly report that describes the total import and export 
tonnage and the total loaded and empty 20-foot equivalent units per 
vessel (making port in the United States, including any territory or 
possession of the United States) operated by each ocean common carrier 
covered under this chapter. Ocean common carriers under this chapter 
shall provide to the Commission all necessary information, as 
determined by the Commission, for completion of this report.''.
    (b) Rule of Construction.--Nothing in this section, and the 
amendment made by this section, shall be construed to compel the public 
disclosure of any confidential or proprietary data, in accordance with 
section 552(b)(4) of title 5, United States Code.
    (c) Clerical Amendment.--The analysis for chapter 411 of title 46, 
United States Code, is amended by adding at the end the following:
``41110. Data collection.''.
  SEC. 10. CHARGE COMPLAINTS.
    (a) In General.--Chapter 413 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 41310. Charge complaints
    ``(a) In General.--A person may submit to the Federal Maritime 
Commission, and the Commission shall accept, information concerning 
complaints about charges assessed by a common carrier. The information 
submitted to the Commission shall include the bill of lading numbers 
and invoices, and may include any other relevant information.
    ``(b) Investigation.--Upon receipt of a submission under subsection 
(a), with respect to a charge assessed by a common carrier, the 
Commission shall promptly investigate the charge with regard to 
compliance with section 41104(a) and section 41102. The common carrier 
shall--
        ``(1) be provided an opportunity to submit additional 
    information related to the charge in question; and
        ``(2) bear the burden of establishing the reasonableness of any 
    demurrage or detention charges pursuant to section 545.5 of title 
    46, Code of Federal Regulations (or successor regulations).
    ``(c) Refund.--Upon receipt of submissions under subsection (a), if 
the Commission determines that a charge does not comply with section 
41104(a) or 41102, the Commission shall promptly order the refund of 
charges paid.
    ``(d) Penalties.--In the event of a finding that a charge does not 
comply with section 41104(a) or 41102 after submission under subsection 
(a), a civil penalty under section 41107 shall be applied to the common 
carrier making such charge.
    ``(e) Considerations.--If the common carrier assessing the charge 
is acting in the capacity of a non-vessel-operating common carrier, the 
Commission shall, while conducting an investigation under subsection 
(b), consider--
        ``(1) whether the non-vessel-operating common carrier is 
    responsible for the noncompliant assessment of the charge, in whole 
    or in part; and
        ``(2) whether another party is ultimately responsible in whole 
    or in part and potentially subject to action under subsections (c) 
    and (d).''.
    (b) Clerical Amendment.--The analysis for chapter 413 of title 46, 
United States Code, is amended by adding at the end the following:
``41310. Charge complaints.''.
  SEC. 11. INVESTIGATIONS.
    (a) Amendments.--Section 41302 of title 46, United States Code, is 
amended--
        (1) in subsection (a), in the first sentence, by striking ``or 
    agreement'' and inserting ``agreement, fee, or charge''; and
        (2) in subsection (b)--
            (A) in the subsection heading, by striking ``Agreement'' 
        and inserting ``Agreement, fee, or charge''; and
            (B) by inserting ``, fee, or charge'' after ``agreement''.
    (b) Report.--The Federal Maritime Commission shall publish on a 
publicly available website of the Commission a report containing the 
results of the investigation entitled ``Fact Finding No. 29, 
International Ocean Transportation Supply Chain Engagement''.
  SEC. 12. AWARD OF ADDITIONAL AMOUNTS.
    Section 41305(c) of title 46, United States Code is amended by 
striking ``41102(b)'' and inserting ``subsection (b) or (c) of section 
41102''.
  SEC. 13. 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. 14. ANNUAL REPORT TO CONGRESS.
    Section 46106(b) of title 46, United States Code, is amended--
        (1) in paragraph (5), by striking ``and'' at the end;
        (2) in paragraph (6), by striking the period and inserting ``; 
    and''; and
        (3) by adding at the end the following:
        ``(7) an identification of any otherwise concerning practices 
    by ocean common carriers, particularly such carriers that are 
    controlled carriers, that are--
            ``(A) State-owned or State-controlled enterprises; or
            ``(B) owned or controlled by, a subsidiary of, or otherwise 
        related legally or financially (other than a minority 
        relationship or investment) to a corporation based in a 
        country--
                ``(i) identified as a nonmarket economy country (as 
            defined in section 771(18) of the Tariff Act of 1930 (19 
            U.S.C. 1677(18))) as of the date of enactment of this 
            paragraph;
                ``(ii) identified by the United States Trade 
            Representative in the most recent report required by 
            section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a 
            priority foreign country under subsection (a)(2) of that 
            section; or
                ``(iii) subject to monitoring by the United States 
            Trade Representative under section 306 of the Trade Act of 
            1974 (19 U.S.C. 2416).''.
  SEC. 15. TECHNICAL AMENDMENTS.
    (a) Section 41108(a) of title 46, United States Code, is amended by 
striking ``section 41104(1), (2), or (7)'' and inserting ``paragraph 
(1), (2), or (7) of section 41104(a)''.
    (b) Section 41109(c) of title 46, United States Code, as amended by 
section 8 of this Act, is further 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)''.
    (c) Section 41305 of title 46, United States Code, as amended by 
section 12 of this Act, is further amended--
        (1) in subsection (c), by striking ``41104(3) or (6), or 
    41105(1) or (3) of this title'' and inserting ``paragraph (3) or 
    (6) of section 41104(a), or paragraph (1) or (3) of section 
    41105''; and
        (2) in subsection (d), by striking ``section 41104(4)(A) or (B) 
    of this title'' and inserting ``subparagraph (A) or (B) of section 
    41104(a)(4)''.
  SEC. 16. 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 ports, including inland ports, by 20-foot 
equivalent unit, 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 operator, 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. 17. FEDERAL MARITIME COMMISSION ACTIVITIES.
    (a) Public Submissions to Commission.--The Federal Maritime 
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. 18. 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 Federal Maritime 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 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 common 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. 19. BEST PRACTICES FOR CHASSIS POOLS.
    (a) In General.--Not later than April 1, 2023, the Federal Maritime 
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. 20. 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--
        (1) notwithstanding any other provision of law, make the waiver 
    permanent; and
        (2) not later than 90 days after completing the review under 
    subsection (a), 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.
    (c) Report.--If the Administrator declines to move forward with a 
rulemaking for revision under subsection (b), the Administrator shall 
explain the reasons for declining to move forward with the rulemaking 
in a report to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Transportation and Infrastructure of 
the House of Representatives.
  SEC. 21. PLANNING.
    (a) Amendment.--Section 6702(g) of title 49, United States Code, is 
amended--
        (1) by striking ``Of the amounts'' and inserting the following:
        ``(1) In general.--Of the amounts''; and
        (2) by adding at the end the following:
        ``(2) Nonapplicability of certain limitations.--Subparagraphs 
    (A) and (B) of subsection (c)(2) shall not apply with respect to 
    amounts made available for planning, preparation, or design under 
    paragraph (1).''.
    (b) Emergency Designation.--Amounts for which outlays are affected 
under the amendments made by subsection (a) that were previously 
designated by the Congress as an emergency requirement pursuant to 
section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
resolution on the budget for fiscal year 2018, and to section 251(b) of 
the Balanced Budget and Emergency Deficit Control Act of 1985 are 
designated by the Congress as an emergency requirement pursuant to 
section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th 
Congress), the concurrent resolution on the budget for fiscal year 
2022.
  SEC. 22. REVIEW OF POTENTIAL DISCRIMINATION AGAINST TRANSPORTATION OF 
      QUALIFIED HAZARDOUS MATERIALS.
    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Comptroller General of the United States shall 
initiate a review of whether there have been any systemic decisions by 
ocean common carriers to discriminate against maritime transport of 
qualified hazardous materials by unreasonably denying vessel space 
accommodations, equipment, or other instrumentalities needed to 
transport such materials. The Comptroller General shall take into 
account any applicable safety and pollution regulations.
    (b) Consultation.--The Comptroller General of the United States may 
consult with the Commandant of the Coast Guard and the Chair of the 
Federal Maritime Commission in conducting the review under this 
section.
    (c) Definitions.--In this section:
        (1) Hazardous materials.--The term ``hazardous materials'' 
    includes dangerous goods, as defined by the International Maritime 
    Dangerous Goods Code.
        (2) Ocean common carrier.--The term ``ocean common carrier'' 
    has the meaning given such term in section 40102 of title 46, 
    United States Code.
        (3) Qualified hazardous materials.--The term ``qualified 
    hazardous materials'' means hazardous materials for which the 
    shipper has certified to the ocean common carrier that such 
    materials have been or will be tendered in accordance with 
    applicable safety laws, including regulations.
        (4) Shipper.--The term ``shipper'' has the meaning given such 
    term in section 40102 of title 46, United States Code.
  SEC. 23. TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS.
    (a) Definition of Direct Assistance to a United States Port.--In 
this section:
        (1) In general.--The term ``direct assistance to a United 
    States port'' means the transportation of cargo directly to or from 
    a United States port.
        (2) Exclusions.--The term ``direct assistance to a United 
    States port'' does not include--
            (A) the transportation of a mixed load of cargo that 
        includes--
                (i) cargo that does not originate from a United States 
            port; or
                (ii) a container or cargo that is not bound for a 
            United States port;
            (B) any period during which a motor carrier or driver is 
        operating in interstate commerce to transport cargo or provide 
        services not in support of transportation to or from a United 
        States port; or
            (C) the period after a motor carrier dispatches the 
        applicable driver or commercial motor vehicle of the motor 
        carrier to another location to begin operation in interstate 
        commerce in a manner that is not in support of transportation 
        to or from a United States port.
    (b) Transportation Worker Identification Credentials.--The 
Administrator of the Transportation Security Administration and the 
Commandant of the Coast Guard shall jointly prioritize and expedite the 
consideration of applications for a Transportation Worker 
Identification Credential with respect to applicants that reasonably 
demonstrate that the purpose of the Transportation Worker 
Identification Credential is for providing, within the interior of the 
United States, direct assistance to a United States port.
  SEC. 24. USE OF UNITED STATES INLAND PORTS FOR STORAGE AND TRANSFER 
      OF CARGO CONTAINERS.
    (a) Meeting.--Not later than 90 days after the date of enactment of 
this Act, the Assistant Secretary for Transportation Policy, in 
consultation with the Administrator of the Maritime Administration and 
the Chairperson of the Federal Maritime Commission, shall convene a 
meeting of representatives of entities described in subsection (b) to 
discuss the feasibility of, and strategies for, identifying Federal and 
non-Federal land, including inland ports, for the purposes of storage 
and transfer of cargo containers due to port congestion.
    (b) Description of Entities.--The entities referred to in 
subsection (a) are--
        (1) representatives of United States major gateway ports, 
    inland ports, and export terminals;
        (2) ocean carriers;
        (3) railroads;
        (4) trucking companies;
        (5) port workforce, including organized labor; and
        (6) such other stakeholders as the Secretary of Transportation, 
    in consultation with the Chairperson of the Federal Maritime 
    Commission, determines to be appropriate.
    (c) Report to Congress.--As soon as practicable after the date of 
the meeting convened under subsection (a), the Assistant Secretary for 
Transportation Policy, in consultation with the Administrator of the 
Maritime Administration and the Chairperson of the Federal Maritime 
Commission, shall submit to Congress a report describing--
        (1) the results of the meeting;
        (2) the feasibility of identifying land or property under the 
    jurisdiction of United States, or ports in the United States, for 
    storage and transfer of cargo containers; and
        (3) recommendations relating to the meeting, if any.
    (d) Savings Provision.--No authorization contained in this section 
may be acted on in a manner that jeopardizes or negatively impacts the 
national security or defense readiness of the United States.
  SEC. 25. REPORT ON ADOPTION OF TECHNOLOGY AT UNITED STATES PORTS.
    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to Congress a 
report describing the adoption of technology at United States ports, as 
compared to that adoption at foreign ports, including--
        (1) the technological capabilities of United States ports, as 
    compared to foreign ports;
        (2) an assessment of whether the adoption of technology at 
    United States ports could lower the costs of cargo handling;
        (3) an assessment of regulatory and other barriers to the 
    adoption of technology at United States ports; and
        (4) an assessment of technology and the workforce.
  SEC. 26. AUTHORIZATION OF APPROPRIATIONS.
    Section 46108 of title 46, United States Code, is amended by 
striking ``$29,086,888 for fiscal year 2020 and $29,639,538 for fiscal 
year 2021'' and inserting ``$32,869,000 for fiscal year 2022, 
$38,260,000 for fiscal year 2023, $43,720,000 for fiscal year 2024, and 
$49,200,000 for fiscal year 2025''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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