I 
117TH CONGRESS 
2D SESSION 
H. R. 7456 
To address the supply chain backlog in the freight network at United States 
ports, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 7, 2022 
Mrs. FISCHBACH introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees on Homeland Security, Agriculture, Natural Resources, Armed 
Services, and Ways and Means, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To address the supply chain backlog in the freight network 
at United States ports, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stopping Hindrances 
to Invigorate Ports and Increase Trade Act’’ or the 
‘‘SHIP IT Act’’. 
VerDate Sep 11 2014 
03:30 Apr 13, 2022
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7456.IH
H7456
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that the unprecedented 
supply chain backlog in the freight network of the United 
States is a national crisis that warrants congressional au-
thorization of short-term Federal emergency actions to 
ameliorate that crisis. 
SEC. 3. ADDRESSING SUPPLY CHAIN CRISIS IN UNITED 
STATES. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Federal 
Motor Carrier Safety Administration. 
(2) COMMERCIAL
MOTOR
VEHICLE; DRIVER; 
MOTOR CARRIER.—The terms ‘‘commercial motor ve-
hicle’’, ‘‘driver’’, and ‘‘motor carrier’’ have the mean-
ings given those terms in section 390.5 of title 49, 
Code of Federal Regulations (or a successor regula-
tion). 
(3) DIRECT ASSISTANCE TO A UNITED STATES 
PORT.— 
(A) IN GENERAL.—The term ‘‘direct as-
sistance to a United States port’’ means the 
transportation of cargo directly to or from a 
United States port. 
VerDate Sep 11 2014 
03:30 Apr 13, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7456.IH
H7456
kjohnson on DSK79L0C42PROD with BILLS
(B) EXCLUSIONS.—The term ‘‘direct as-
sistance to a United States port’’ does not in-
clude— 
(i) 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; 
(ii) 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 
(iii) the period after a motor carrier 
dispatches the applicable driver or com-
mercial 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. 
(4) QUALIFIED APPLICANT.—The term ‘‘quali-
fied applicant’’ means a person that— 
(A) submits to the appropriate official an 
application for a waiver under this section; and 
VerDate Sep 11 2014 
03:30 Apr 13, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7456.IH
H7456
kjohnson on DSK79L0C42PROD with BILLS
(B) in the determination of that official, is 
eligible, in accordance with this section, to re-
ceive the waiver. 
(5) TEMPORARY
WAIVER.—The term ‘‘tem-
porary waiver’’ means a waiver that expires on the 
date that is 1 year after the date of enactment of 
this Act. 
(b) FMCSA TEMPORARY WAIVERS.— 
(1) TEMPORARY WAIVER OF CERTAIN REQUIRE-
MENTS.— 
(A) IN GENERAL.—Not later than 7 days 
after the date of enactment of this Act, the Ad-
ministrator shall issue to each qualified appli-
cant a temporary waiver that, subject to para-
graph (3), waives the requirements of parts 390 
through 399 of title 49, Code of Federal Regu-
lations (or successor regulations), with respect 
to commercial motor vehicle operations that are 
providing direct assistance to a United States 
port. 
(B) ELIGIBILITY.—An applicant is eligible 
for a temporary waiver under subparagraph (A) 
if the applicant is a motor carrier or driver that 
provides direct assistance to a United States 
port. 
VerDate Sep 11 2014 
03:30 Apr 13, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7456.IH
H7456
kjohnson on DSK79L0C42PROD with BILLS
(2) TEMPORARY WAIVER OF MINIMUM AGE RE-
QUIREMENT.— 
(A) IN GENERAL.—Not later than 2 days 
after the date of enactment of this Act, the Ad-
ministrator shall issue to each qualified appli-
cant a temporary waiver from the requirement 
of section 391.11(b)(1) of title 49, Code of Fed-
eral Regulations (or a successor regulation), for 
drivers that are at least 18 years old, subject to 
paragraph (3). 
(B) ELIGIBILITY.—An applicant is eligible 
for a temporary waiver under subparagraph (A) 
if the applicant— 
(i) is providing direct assistance to a 
United States port; or 
(ii) is directly assuming the commer-
cial motor vehicle operations of a driver 
who has been rerouted to a United States 
port to provide direct assistance to a 
United States port. 
(3) 
REQUIREMENTS.—A 
temporary 
waiver 
under paragraph (1) or (2) shall not exempt any 
motor carrier or driver from— 
(A) the hazardous materials regulations 
described in subchapters A through C of chap-
VerDate Sep 11 2014 
03:30 Apr 13, 2022
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7456.IH
H7456
kjohnson on DSK79L0C42PROD with BILLS
ter I of subtitle B of title 49, Code of Federal 
Regulations (or successor regulations); 
(B) the controlled substances and alcohol 
use and testing requirements described in part 
382 of that title (or successor regulations); 
(C) except as provided in paragraph (2), 
the commercial driver’s license requirements de-
scribed in part 383 of that title (or successor 
regulations); 
(D) the financial responsibility (including 
insurance) requirements described in part 387 
of that title (or successor regulations); 
(E) the requirement that every commercial 
motor vehicle shall be operated in accordance 
with the laws, ordinances, and regulations of 
the jurisdiction in which the commercial motor 
vehicle is being operated, including any applica-
ble speed limits and other traffic restrictions, as 
described in the first sentence of section 392.2 
of that title (or a successor regulation); 
(F) the prohibition against operating a 
commercial motor vehicle while the ability of 
the driver is so impaired, or so likely to become 
impaired, through fatigue, illness, or any other 
cause as to make it unsafe for the driver to 
VerDate Sep 11 2014 
03:30 Apr 13, 2022
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7456.IH
H7456
kjohnson on DSK79L0C42PROD with BILLS
begin or continue to operate the commercial 
motor vehicle, as described in section 392.3 of 
that title (or a successor regulation); 
(G) the prohibition against texting while 
driving described in section 392.80 of that title 
(or a successor regulation); 
(H) the prohibition against using a hand- 
held mobile telephone while driving described in 
section 392.82 of that title (or a successor reg-
ulation); or 
(I) any applicable size or weight require-
ment. 
(4) DRIVER FATIGUE AND SAFETY.— 
(A) IN GENERAL.—A motor carrier receiv-
ing a temporary waiver under paragraph (1) or 
(2) shall not allow or require a fatigued driver 
to operate a commercial motor vehicle. 
(B) REQUIREMENT.—For the period dur-
ing which a temporary waiver under paragraph 
(1) or (2) is in effect, a motor carrier described 
in subparagraph (A) that receives from a driver 
notification that the driver is in need of imme-
diate rest shall immediately provide the driver 
with not less than 10 consecutive hours of off- 
VerDate Sep 11 2014 
03:30 Apr 13, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H7456.IH
H7456
kjohnson on DSK79L0C42PROD with BILLS
duty time before the driver is required to return 
to service. 
(c) TRANSPORTATION
WORKER
IDENTIFICATION 
CREDENTIALS.—The Administrator of the Transportation 
Security Administration and the Commandant of the 
Coast Guard shall jointly prioritize and expedite the con-
sideration of applications for a Transportation Worker 
Identification Credential with respect to applicants, in-
cluding commercial drivers operating under a temporary 
waiver issued under subsection (b)(2), that reasonably 
demonstrate that the purpose of the Transportation Work-
er Identification Credential is for providing, within the in-
terior of the United States, direct assistance to a United 
States port. 
(d) TEMPORARY WAIVER OF JONES ACT REQUIRE-
MENTS FOR CERTAIN VESSELS TRANSPORTING CARGO.— 
(1) AUTHORITY.— 
(A) CERTIFICATE
OF
COASTWISE
EN-
DORSEMENT.—Notwithstanding section 12112 
of title 46, United States Code, and any other 
requirement under chapter 121 of that title, the 
Secretary of the department in which the Coast 
Guard is operating (referred to in this sub-
section as the ‘‘Secretary’’) may issue a certifi-
cate of documentation with a coastwise endorse-
VerDate Sep 11 2014 
03:30 Apr 13, 2022
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H7456.IH
H7456
kjohnson on DSK79L0C42PROD with BILLS
ment under that chapter in accordance with 
this subsection for a vessel, without regard to 
whether the vessel meets the requirements of 
section 12112 of that title, in any case in which 
the person requesting the certificate reasonably 
demonstrates the endorsement (or the resulting 
exemption under subparagraph (B)) is for the 
purpose of— 
(i) transporting cargo from a United 
States port to another United States port 
in order to relieve any congestion, backlog, 
or delay at such a port; or 
(ii) engaging in operations that entail 
a ship-to-ship transfer of cargo from a ves-
sel anchored or located off the coast of the 
United States to another vessel that trans-
ports the cargo to a United States port 
(commonly known as ‘‘lightering oper-
ations’’). 
(B) EXEMPTION OF ADDITIONAL REQUIRE-
MENTS.—Notwithstanding section 55102 of 
title 46, United States Code, during the period 
beginning on the date of enactment of this Act 
and ending on the expiration date described in 
paragraph (3), that section shall not apply to 
VerDate Sep 11 2014 
03:30 Apr 13, 2022
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H7456.IH
H7456
kjohnson on DSK79L0C42PROD with BILLS
(3) EXPIRATION.—The authority under this 
subsection, including any certificate of coastwise en-
dorsement authorized under this section, shall expire 
on the date that is 1 year after the date of enact-
ment of this Act. 
(e) CONTAINER OVERFLOW STORAGE.— 
(1) IN GENERAL.—Not later than 14 days after 
the date of enactment of this Act, the Secretary of 
Agriculture, the Secretary of Defense, the Secretary 
of the Interior, the Secretary of Transportation, and 
the Administrator of General Services shall jointly 
consult with representatives of ocean carriers, ports, 
railroads, and trucking companies— 
(A) to identify plots of Federal land under 
the jurisdiction of the Secretary of Agriculture, 
the Secretary of Defense, the Secretary of the 
Interior, the Secretary of Transportation, or the 
Administrator of General Services that— 
(i) are located within a 150 air-mile 
radius of a United States port; and 
(ii) could temporarily be used as an 
overflow area for the storage and transfer 
of empty cargo containers in order to ease 
the congestion and backlog at United 
States ports; and 
VerDate Sep 11 2014 
03:30 Apr 13, 2022
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H7456.IH
H7456
kjohnson on DSK79L0C42PROD with BILLS
(B) to designate not fewer than 2 plots of 
Federal land identified under subparagraph (A) 
for the use described in clause (ii) of that sub-
paragraph, subject to the conditions that— 
(i) each specific plot so designated 
shall be not more than 500 acres; 
(ii) the stacking of containers shall be 
permitted at each specific plot so des-
ignated for a period of not more than 1 
year beginning on the date on which the 
designation of the plot is published in the 
Federal Register under paragraph (2); and 
(iii) containers shall not be stacked 
more than 6 high at any plot so des-
ignated. 
(2) PUBLICATION
IN
FEDERAL
REGISTER.— 
Each designation of a plot of Federal land under 
paragraph (1)(B) shall be published in the Federal 
Register. 
(3) CATEGORICAL
EXCLUSION.—The designa-
tion of a plot of Federal land under paragraph 
(1)(B) shall be categorically excluded from the re-
quirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), subject to the 
condition that, prior to the designation of the plot, 
VerDate Sep 11 2014 
03:30 Apr 13, 2022
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H7456.IH
H7456
kjohnson on DSK79L0C42PROD with BILLS
the applicable official described in paragraph (1)(A) 
having jurisdiction over the plot shall— 
(A) carefully consider the circumstances of 
the designation; and 
(B) determine that no extraordinary cir-
cumstances warranting the preparation of an 
environmental assessment or an environmental 
impact statement exist. 
(4) TREATMENT.—A plot of Federal land des-
ignated under paragraph (1)(B) shall not, based on 
that designation, be considered to be a facility (as 
defined in section 70101 of title 46, United States 
Code) or a security zone (as defined in section 
70131 of that title) for purposes of— 
(A) chapter 701 of subtitle VII of that 
title; or 
(B) the Maritime Transportation Security 
Act of 2002 (Public Law 107–295; 116 Stat. 
2064) and the amendments made by that Act. 
(f) LOAN OF DOD INTERMODAL EQUIPMENT.— 
(1) DEFINITIONS.—In this subsection: 
(A) INTERMODAL EQUIPMENT.—The term 
‘‘intermodal equipment’’ has the meaning given 
the term in section 390.5 of title 49, Code of 
Federal Regulations (or a successor regulation). 
VerDate Sep 11 2014 
03:30 Apr 13, 2022
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H7456.IH
H7456
kjohnson on DSK79L0C42PROD with BILLS
(B) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of Defense. 
(2) 
INVENTORY
OF
INTERMODAL
EQUIP-
MENT.—Not later than 14 days after the date of en-
actment of this Act, the Secretary shall conduct an 
inventory of intermodal equipment that— 
(A) is owned by the Department of De-
fense; 
(B) is located within the United States; 
and 
(C) could be made available for loan to 1 
or more trucking companies for the purposes of 
easing congestion at United States ports. 
(3) LOAN OF INTERMODAL EQUIPMENT.— 
(A) PROCESS.—Not later than 7 days after 
the date on which the inventory under para-
graph (2) is complete, the Secretary shall create 
a process for a trucking company to submit to 
the Secretary an application requesting the use 
of intermodal equipment identified in the inven-
tory. 
(B) CONDITIONS.—A loan of intermodal 
equipment under this subsection shall be sub-
ject to the conditions that— 
VerDate Sep 11 2014 
03:30 Apr 13, 2022
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H7456.IH
H7456
kjohnson on DSK79L0C42PROD with BILLS
(i) the borrowing trucking company 
shall agree to reimburse the Secretary for 
any damage caused to the intermodal 
equipment during the period of the loan; 
(ii) the use of the intermodal equip-
ment by the trucking company shall be for 
a period not longer than 180 days; and 
(iii) the use of intermodal equipment 
by the borrowing trucking company shall 
not affect the national security of the 
United States. 
(C) FEES.— 
(i) IN GENERAL.—Subject to clauses 
(ii) and (iii), the Secretary may charge a 
reasonable fee for a loan of intermodal 
equipment under this subsection. 
(ii) CONSULTATION.—The Secretary 
may charge a fee under clause (i) if the 
Secretary— 
(I) consults with the Secretary of 
Agriculture, the Secretary of the Inte-
rior, the Secretary of Transportation, 
and the Administrator of General 
Services; and 
VerDate Sep 11 2014 
03:30 Apr 13, 2022
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H7456.IH
H7456
kjohnson on DSK79L0C42PROD with BILLS
(II) determines that charging a 
fee would be appropriate. 
(iii) AMOUNT.—The amount of a fee 
under clause (i) shall be based on the mar-
ket rate for similar loans or rentals of 
intermodal equipment or similar equipment 
as of January 1, 2020. 
(iv) DEPOSIT AND USE.—Any fee col-
lected by the Secretary under clause (i) 
shall be— 
(I) deposited in the general fund 
of the Treasury; and 
(II) made available to the Sec-
retary, the Secretary of Agriculture, 
the Secretary of the Interior, the Sec-
retary of Transportation, and the Ad-
ministrator of General Services for re-
mediation of any Federal land des-
ignated under subsection (e)(1)(B). 
(v) RESTRICTIONS.—A fee collected 
under clause (i) may not be used— 
(I) until the designation of the 
applicable plot of Federal land under 
subsection (e)(1)(B) has expired; or 
VerDate Sep 11 2014 
03:30 Apr 13, 2022
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H7456.IH
H7456
kjohnson on DSK79L0C42PROD with BILLS