Surpassing Temporary Obstructions at Ports and Guaranteeing Resources to Increase the Nation's Commercial Health Act
Bill: S.3252 | Sponsor: Sen. Lee, Mike (R-UT)
Policy area: Transportation and Public Works

Summary:
Surpassing Temporary Obstructions at Ports and Guaranteeing Resources to Increase the Nation's Commercial Health Act or the STOP the GRINCH Act
This bill temporarily waives various requirements and makes other changes to address congestion at U.S. ports.
The Federal Motor Carrier Safety Administration (FMCSA) must waive the hours of service limits (i.e., the number of hours a driver may operate a truck or motor carrier in a set period of time) and minimum age requirements that apply to commercial driver's licenses for individuals transporting cargo directly to or from a U.S. port.
Additionally, the Coast Guard may temporarily allow foreign-built, -owned, and -crewed vessels to transport cargo between U.S. ports and engage in certain ship-to-ship transfers of cargo. (Current coastwise law, commonly known as the Jones Act, generally requires that vessels transporting cargo domestically be U.S.-built, -owned, and -crewed.)
The FMCSA and the Coast Guard must also prioritize the completion of security screenings and credentialing of maritime workers.
The Department of Defense must (1) inventory its intermodal equipment (e.g., trailers and chassis used to transport shipping containers) to identify equipment available for loan to trucking companies to relieve congestion at U.S. ports, and (2) establish a process to allow trucking companies to request the loan of such equipment.
The bill also requires the identification and designation of federal land located near U.S. ports for use as overflow areas for empty cargo containers.

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 Representatives 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 Increase the Nation's Commercial 
Health Act'' or the ``STOP the GRINCH Act''.

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 warrants 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 ``Administrator'' means the 
        Administrator of the Federal Motor Carrier Safety 
        Administration.
            (2) Commercial motor vehicle; driver; motor carrier.--The 
        terms ``commercial motor vehicle'', ``driver'', and ``motor 
        carrier'' have the meanings given those terms in section 390.5 
        of title 49, Code of Federal Regulations (or successor 
        regulations).
            (3) Direct assistance to a united states port.--
                    (A) In general.--The term ``direct assistance to a 
                United States port'' means the transportation of cargo 
                directly to or from a United States port.
                    (B) Exclusion.--The term ``direct assistance to a 
                United States port'' does not include--
                            (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 applicable 
                        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 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 manner that is not in 
                        support of transportation to or from a United 
                        States port.
            (4) Qualified applicant.--The term ``qualified applicant'' 
        means a person that--
                    (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 receive 
                the waiver.
            (5) Temporary waiver.--The term ``temporary 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 requirements.--
                    (A) In general.--Not later than 7 days after the 
                date of enactment of this Act, the Administrator shall 
                issue to each qualified applicant a temporary waiver 
                that, subject to paragraph (3), waives the requirements 
                of parts 390 through 399 of title 49, Code of Federal 
                Regulations (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.
            (2) Temporary waiver of minimum age requirement.--
                    (A) In general.--Not later than 2 days after the 
                date of enactment of this Act, the Administrator shall 
                issue to each qualified applicant a temporary waiver 
                from the requirement of section 391.11(b)(1) of title 
                49, Code of Federal 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 commercial 
                        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--
                    (A) the hazardous materials regulations described 
                in subchapters A through C of chapter 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 described 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 restrictions, as described in the first 
                sentence of section 392.2 of that title (or successor 
                regulations);
                    (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 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 regulations); or
                    (I) any applicable size and weight requirements.
            (4) Driver fatigue and safety.--
                    (A) In general.--A motor carrier receiving 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 during 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 immediate 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 
consideration of applications for a Transportation Worker 
Identification Credential with respect to applicants, including 
commercial drivers who are operating under a temporary waiver issued 
under subsection (b)(2), who 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.
    (d) Temporary Waiver of Jones Act Requirements for Certain Vessels 
Transporting Cargo.--
            (1) Authority.--
                    (A) Certificate of coastwise endorsement.--
                Notwithstanding the requirements 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 operating 
                (referred to in this subsection as the ``Secretary'') 
                may issue a certificate of documentation with a 
                coastwise endorsement under such chapter 121 in 
                accordance with this subsection for a vessel, without 
                regard to whether the vessel meets the requirements of 
                such section 12112, in a case that the person 
                requesting such 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 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 requirements.--Until 
                the expiration under paragraph (3) of the authority 
                under this subsection, notwithstanding section 55102 of 
                title 46, United States Code, such section 55102 shall 
                not apply 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 
                        endorsement; or
                            (ii)(I) submit detailed reasons for denying 
                        the certificate to the person requesting the 
                        certificate; and
                            (II) post such denial and reasons to the 
                        public on the website of the Department in 
                        which the Coast Guard is operating.
                    (B) Automatic issuance.--In the case that the 
                Secretary does not comply with subparagraph (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 authorized under this 
        section, shall expire on the date 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, railroads, 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 subparagraph, 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 designated 
                        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 designated.
            (2) Publication in the federal register.--The designation 
        of a plot of Federal land under paragraph (1)(B) shall be 
        published in the Federal Register.
            (3) Categorical exclusion.--The designation of a plot of 
        Federal land under paragraph (1)(B) shall be categorically 
        excluded from the requirements 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 jurisdiction over the plot carefully 
        considers the circumstances of the designation and determines 
        that there are no extraordinary circumstances that warrant 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 equipment.--Not later than 14 
        days after the date of enactment of this Act, the Secretary 
        shall conduct an inventory of intermodal equipment that--
                    (A) is owned by the Department of Defense;
                    (B) is located within the United States; and
                    (C) could be made available for loan to truck 
                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 paragraph (2) is complete, 
                the Secretary shall create a process for a truck 
                company to submit an application requesting the use of 
                intermodal equipment identified in that inventory.
                    (B) Conditions.--The loan of intermodal equipment 
                under this subsection shall be subject to the 
                conditions that--
                            (i) the truck company agrees to reimburse 
                        the Secretary for any damage caused to the 
                        intermodal equipment while the intermodal 
                        equipment is loaned to the truck company;
                            (ii) the use of the intermodal equipment by 
                        the truck company is for a period not longer 
                        than 6 months; and
                            (iii) the use of the intermodal equipment 
                        by the truck company will 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 the 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 
                                Interior, and the Secretary of 
                                Transportation; 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 market rate 
                        for similar loans or rentals of intermodal 
                        equipment or similar equipment as of January 1, 
                        2020.
                            (iv) Deposit and use.--Any fee collected 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 Transportation for remediation 
                        of any Federal land designated under subsection 
                        (e).
                            (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) 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 before the time at which the intermodal equipment is 
        required to be returned to the Secretary.
                                 <all>