Ocean Shipping Reform Act of 2022
Bill: S.3580 | Sponsor: Sen. Klobuchar, Amy (D-MN)
Policy area: Transportation and Public Works

Summary:
Ocean Shipping Reform Act of 2022
This act revises requirements governing ocean shipping to increase the authority of the Federal Maritime Commission (FMC) to promote the growth and development of U.S. exports through an ocean transportation system that is competitive, efficient, and economical. For example, the bill requires the FMC to (1) investigate complaints about detention and demurrage charges (i.e., late fees) charged by common ocean carriers, (2) determine whether those charges are reasonable, and (3) order refunds for unreasonable charges. It also prohibits common ocean carriers, marine terminal operators, or ocean transportation intermediaries from unreasonably refusing cargo space when available or resorting to other unfair or unjustly discriminatory methods.

[117th Congress Public Law 146]
[From the U.S. Government Publishing Office]



[[Page 1271]]

                    OCEAN SHIPPING REFORM ACT OF 2022

[[Page 136 STAT. 1272]]

Public Law 117-146
117th Congress

                                 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. <<NOTE: June 16, 2022 -  [S. 3580]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Ocean Shipping 
Reform Act of 2022.>> 
SECTION 1. <<NOTE: 46 USC 101 note.>>  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. <<NOTE: 46 USC 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.

[[Page 136 STAT. 1273]]

    ``(b) Registration.-- <<NOTE: Regulations.>> 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.-- <<NOTE: Deadline. Standards.>> 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) <<NOTE: Effective date. 46 USC 40504 note.>>  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, <<NOTE: 46 USC 40501 prec.>>  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

[[Page 136 STAT. 1274]]

                    ``(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.-- <<NOTE: Web posting.>> 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) <<NOTE: Assessment.>>  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.--

[[Page 136 STAT. 1275]]

            ``(1) Inaccurate invoice.-- 
        <<NOTE: Determination. Applicability.>> 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) <<NOTE: 46 USC 41102 note.>>  Rulemaking on Demurrage or 
Detention.--
            (1) <<NOTE: Deadlines.>>  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.-- <<NOTE: Determination.>> 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

[[Page 136 STAT. 1276]]

        a determination of which parties may be appropriately billed for 
        any demurrage, detention, or other similar per container 
        charges.

    (c) <<NOTE: Deadline. 46 USC 41104 note.>>  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) <<NOTE: Deadlines.>>  Rulemaking on Unreasonable Refusal to Deal 
or Negotiate With Respect to Vessel Space Accommodations.--Not 
later <<NOTE: Consultation.>>  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) <<NOTE: Notice.>>  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;

[[Page 136 STAT. 1277]]

                          ``(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. <<NOTE: 46 USC 41110.>>  Data collection

    ``The <<NOTE: Web posting. Time period Reports.>>  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. <<NOTE: Determination.>> 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) <<NOTE: 46 USC 41110 note.>>  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, <<NOTE: 46 USC 41101 prec.>>  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:

[[Page 136 STAT. 1278]]

``Sec. 41310. <<NOTE: 46 USC 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.-- <<NOTE: Applicability.>> 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, <<NOTE: 46 USC 41301 prec.>>  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.-- <<NOTE: Public information. Web posting.>> 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''.

[[Page 136 STAT. 1279]]

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

[[Page 136 STAT. 1280]]

            (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.-- <<NOTE: Determination.>> 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.-- <<NOTE: Deadline.>> 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.-- <<NOTE: Deadline. Time period.>> 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. <<NOTE: 46 USC 41301 note prec.>>  FEDERAL MARITIME 
                      COMMISSION ACTIVITIES.

    (a) Public Submissions to Commission.--The Federal Maritime 
Commission shall--
            (1) <<NOTE: Website.>>  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

[[Page 136 STAT. 1281]]

            (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.-- <<NOTE: Deadline.>> 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.-- <<NOTE: Deadline.>> 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

[[Page 136 STAT. 1282]]

                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) <<NOTE: Deadline.>>  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--

[[Page 136 STAT. 1283]]

                    (A) <<NOTE: Time period.>>  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.-- <<NOTE: Deadline. Contract. Study.>> 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.-- <<NOTE: Public information. Web 
posting. Deadline.>> 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. <<NOTE: Deadlines. 49 USC 31305 note.>>  LICENSING 
                      TESTING.

    (a) In General.-- <<NOTE: Review.>> 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

[[Page 136 STAT. 1284]]

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.-- <<NOTE: Deadline.>> 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. <<NOTE: 46 USC 70105 note.>>  TRANSPORTATION WORKER 
                      IDENTIFICATION CREDENTIALS.

    (a) Definition of Direct Assistance to a United States Port.--In 
this section:

[[Page 136 STAT. 1285]]

            (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.-- <<NOTE: Deadline.>> 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.-- <<NOTE: Consultation.>> 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--

[[Page 136 STAT. 1286]]

            (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. <<NOTE: Assessments.>>  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''.

    Approved June 16, 2022.

LEGISLATIVE HISTORY--S. 3580 (H.R. 4996):
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 168 (2022):
            Mar. 31, considered and passed Senate.
            June 13, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022):
            June 16, Presidential remarks.

                                  <all>