I 
117TH CONGRESS 
1ST SESSION H. R. 6028 
To address the supply chain backlog in the freight network at United States 
ports, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2021 
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, and 
Armed Services, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction 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 ‘‘Surpassing Temporary 
Obstructions at Ports and Guaranteeing Resources to In-
crease the Nation’s Commercial Health Act’’ or the 
‘‘STOP the GRINCH Act’’. 
VerDate Sep 11 2014 
04:11 Dec 06, 2021
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6028.IH
H6028
pbinns on DSKJLVW7X2PROD 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 as of November 2021 is a national crisis that war-
rants Congressional authorization of short-term Federal 
emergency actions to ameliorate that crisis. 
SEC. 3. ADDRESSING THE SUPPLY CHAIN CRISIS IN THE 
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 successor regula-
tions). 
(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 
04:11 Dec 06, 2021
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6028.IH
H6028
pbinns on DSKJLVW7X2PROD with BILLS
(B) EXCLUSION.—The term ‘‘direct assist-
ance 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 the appli-
cable motor carrier or driver is operating 
in interstate commerce to transport cargo 
or provide services not in support of trans-
portation to or from a United States port; 
or 
(iii) the period after the applicable 
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 man-
ner 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— 
VerDate Sep 11 2014 
04:11 Dec 06, 2021
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6028.IH
H6028
pbinns on DSKJLVW7X2PROD with BILLS
(A) submits to the appropriate official an 
application for a waiver under this section; and 
(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 
VerDate Sep 11 2014 
04:11 Dec 06, 2021
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6028.IH
H6028
pbinns on DSKJLVW7X2PROD with BILLS
provides direct assistance to a United States 
port. 
(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 successor regulations), 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 re-routed 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 a motor 
carrier or driver from— 
VerDate Sep 11 2014 
04:11 Dec 06, 2021
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6028.IH
H6028
pbinns on DSKJLVW7X2PROD with BILLS
(A) the hazardous materials regulations 
described in subchapters A through C of chap-
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, which shall include 
any applicable speed limits and other traffic re-
strictions, as described in the first sentence of 
section 392.2 of that title (or successor regula-
tions); 
(F) the prohibition against operating a 
commercial motor vehicle while the ability of 
VerDate Sep 11 2014 
04:11 Dec 06, 2021
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6028.IH
H6028
pbinns on DSKJLVW7X2PROD with BILLS
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 
begin or continue to operate the commercial 
motor vehicle, as described in section 392.3 of 
that title (or successor regulations); 
(G) the prohibition against texting while 
driving described in section 392.80 of that title 
(or successor regulations); 
(H) the prohibition against using a hand- 
held mobile telephone while driving described in 
section 392.82 of that title (or successor regula-
tions); or 
(I) any applicable size and weight require-
ments. 
(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 effective, a motor carrier described 
in subparagraph (A) that receives from a driver 
notification that the driver is in need of imme-
VerDate Sep 11 2014 
04:11 Dec 06, 2021
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6028.IH
H6028
pbinns on DSKJLVW7X2PROD with BILLS
diate rest shall immediately provide the driver 
with not less than 10 consecutive hours of off- 
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 who are operating under a 
temporary waiver issued under subsection (b)(2), who rea-
sonably demonstrate that the purpose of the Transpor-
tation Worker Identification Credential is for providing, 
within the interior 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 
the 
require-
ments under section 12112 of title 46, United 
States Code, and any other requirement under 
chapter 121 of such title, the Secretary of the 
department in which the Coast Guard is oper-
VerDate Sep 11 2014 
04:11 Dec 06, 2021
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6028.IH
H6028
pbinns on DSKJLVW7X2PROD with BILLS
ating (referred to in this subsection as the 
‘‘Secretary’’) may issue a certificate of docu-
mentation with a coastwise endorsement under 
such chapter 121 in accordance with this sub-
section for a vessel, without regard to whether 
the vessel meets the requirements of such sec-
tion 12112, in a case that the person requesting 
such certificate reasonably demonstrates the en-
dorsement (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 lightering operations, 
which entail a ship-to-ship transfer of 
cargo from a vessel anchored or located off 
the coast of the United States to another 
vessel that transports such cargo to a 
United States port. 
(B) EXEMPTION OF ADDITIONAL REQUIRE-
MENTS.—Until the expiration under paragraph 
(3) of the authority under this subsection, not-
withstanding section 55102 of title 46, United 
States Code, such section 55102 shall not apply 
VerDate Sep 11 2014 
04:11 Dec 06, 2021
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6028.IH
H6028
pbinns on DSKJLVW7X2PROD with BILLS
to any vessel that has been issued a certificate 
of documentation with a coastwise endorsement 
under subparagraph (A). 
(2) TIMING.— 
(A) IN
GENERAL.—Not later than 48 
hours after receiving a request for a certificate 
of documentation with a coastwise endorsement 
under paragraph (1)(A), the Secretary shall— 
(i) issue the certificate with such en-
dorsement; or 
(ii)(I) submit detailed reasons for de-
nying the certificate to the person request-
ing the certificate; and 
(II) post such denial and reasons to 
the public on the website of the Depart-
ment in which the Coast Guard is oper-
ating. 
(B) AUTOMATIC
ISSUANCE.—In the case 
that the Secretary does not comply with sub-
paragraph (A), a certificate of documentation 
with a coastwise endorsement for such vessel 
shall be deemed issued under paragraph (1)(A). 
(3) EXPIRATION.—The authority under this 
subsection, including any coastwise endorsement au-
thorized under this section, shall expire on the date 
VerDate Sep 11 2014 
04:11 Dec 06, 2021
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6028.IH
H6028
pbinns on DSKJLVW7X2PROD with BILLS
that is 1 year after the date of enactment 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 the Interior, and the 
Secretary of Transportation shall jointly consult 
with representatives of ocean carriers, ports, rail-
roads, and truckers— 
(A) to identify plots of Federal land under 
the jurisdiction of the Secretary of Agriculture, 
the Secretary of the Interior, or the Secretary 
of Transportation 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 
(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— 
VerDate Sep 11 2014 
04:11 Dec 06, 2021
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6028.IH
H6028
pbinns on DSKJLVW7X2PROD with BILLS
(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 6 
months 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
THE
FEDERAL
REG-
ISTER.—The 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 
of Federal land under that paragraph, the applicable 
Secretary described in paragraph (1)(A) having ju-
risdiction over the plot carefully considers the cir-
cumstances of the designation and determines that 
VerDate Sep 11 2014 
04:11 Dec 06, 2021
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6028.IH
H6028
pbinns on DSKJLVW7X2PROD with BILLS
there are no extraordinary circumstances that war-
rant the preparation of an environmental assessment 
or an environmental impact statement. 
(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 successor regulations). 
(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 
truck companies for the purposes of easing con-
gestion 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-
VerDate Sep 11 2014 
04:11 Dec 06, 2021
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6028.IH
H6028
pbinns on DSKJLVW7X2PROD with BILLS
(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, and the Secretary of Transpor-
tation; and 
(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 deposited in the general fund of 
the Treasury and made available to the 
Secretary of Agriculture, the Secretary of 
the Interior, and the Secretary of Trans-
portation for remediation of any Federal 
land designated under subsection (e). 
(v) RESTRICTIONS.—A fee collected 
under clause (i) may not be used— 
VerDate Sep 11 2014 
04:11 Dec 06, 2021
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6028.IH
H6028
pbinns on DSKJLVW7X2PROD with BILLS
(I) until the designation of the 
applicable plot of Federal land under 
subsection (e) has expired; or 
(II) for any purpose other than 
the remediation of land designated 
under subsection (e). 
(4) RECALL OF INTERMODAL EQUIPMENT.—To 
protect the national security of the United States, 
the Secretary may recall any intermodal equipment 
on loan to a truck company under this subsection by 
issuing a notice to the truck company 72 hours be-
fore the time at which the intermodal equipment is 
required to be returned to the Secretary. 
Æ 
VerDate Sep 11 2014 
04:11 Dec 06, 2021
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6301
E:\BILLS\H6028.IH
H6028
pbinns on DSKJLVW7X2PROD with BILLS