107 HR 7456 IH: Stopping Hindrances to Invigorate Ports and Increase Trade Act
U.S. House of Representatives
2022-04-07
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EN
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I
117th CONGRESS
2d Session
H. R. 7456
IN THE HOUSE OF REPRESENTATIVES
April 7, 2022
Mrs. Fischbach introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Homeland Security, Agriculture, Natural Resources, Armed Services, and Ways and Means, for a period to be subsequently determined 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.
1.

Short title
This Act may be cited as the “Stopping Hindrances to Invigorate Ports and Increase Trade Act” or the “SHIP IT Act”.
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 authorization of short-term Federal emergency actions to ameliorate that crisis.
3.

Addressing supply chain crisis in 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 a successor regulation).
(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)

Exclusions
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 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 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 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 commercial 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 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, including any applicable 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 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 regulation); or
(I)
any applicable size or weight requirement.
(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 in effect, 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 operating under a temporary waiver issued under subsection (b)(2), 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.
(d)

Temporary waiver of Jones Act requirements for certain vessels transporting cargo
(1)

Authority
(A)

Certificate of coastwise endorsement
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 subsection as the Secretary) may issue a certificate of documentation with a coastwise endorsement 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 vessel anchored or located off the coast of the United States to another vessel that transports the cargo to a United States port (commonly known as “lightering operations”).
(B)

Exemption of additional requirements
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 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, as applicable—
(i)
issue the certificate with the endorsement; or
(ii)
(I)
provide to the person requesting the certificate a detailed description of the reasons for denying the certificate; and
(II)
publish the denial and description of reasons on the website of the department in which the Coast Guard is operating.
(B)

Automatic issuance
In any case in which the Secretary fails to comply with subparagraph (A), a certificate of documentation with a coastwise endorsement for the applicable vessel shall be deemed to be issued under paragraph (1)(A).
(3)

Expiration
The authority under this subsection, including any certificate of 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 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
(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 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 designated.
(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 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, 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 circumstances warranting the preparation of an environmental assessment or an environmental impact statement exist.
(4)

Treatment
A plot of Federal land designated 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).
(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 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 paragraph (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 inventory.
(B)

Conditions
A loan of intermodal equipment under this subsection shall be subject to the conditions that—
(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 equipment 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 Interior, the Secretary of Transportation, and the Administrator of General Services; 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—
(I)
deposited in the general fund of the Treasury; and
(II)
made available to the Secretary, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Transportation, and the Administrator of General Services for remediation of any Federal land designated 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
(II)
for any purpose other than the remediation of land designated under subsection (e)(1)(B).
(4)

Recall of intermodal equipment
To protect the national security of the United States, the Secretary may recall any intermodal equipment loaned to a trucking company under this subsection by issuing to the trucking company a notice not later than 72 hours before the time at which the intermodal equipment is required to be returned to the Secretary.
4.

Duty-free treatment of chassis imported from countries with collective defense arrangements with United States
During the 2-year period beginning on the date of enactment of this Act, a finished or unfinished chassis classified under statistical reporting number 8716.39.0090, 8716.90.5010, or 8716.90.5060 of the Harmonized Tariff Schedule of the United States and imported from a country with which the United States has in effect a collective defense arrangement as of such date of enactment shall enter the United States free of duty.
5.

Use of United States inland ports for storage and transfer of cargo
(a)

Meeting
Not later than 90 days after the date of enactment of this Act, the Administrator of the Maritime Administration and the Chairperson of the Federal Maritime Commission, acting jointly, shall convene a meeting of representatives of entities described in subsection (b) to discuss the long-term feasibility of, and strategies for, using land or property under the jurisdiction of United States inland ports for the storage and transfer of cargo containers.
(b)

Description of entities
The entities referred to in subsection (a) are—
(1)
major gateway ports in the United States;
(2)
ocean carriers;
(3)
railroads;
(4)
trucking companies; and
(5)
United States inland port authorities.
6.

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, including the use of automated technology, as compared to foreign ports;
(2)
an assessment of whether the adoption of automated technology at United States ports could lower the costs of cargo handling; and
(3)
an assessment of regulatory and other barriers to the adoption of automated technology at United States ports.
7.

Allied partnership and port modernization
(a)

Dredging
Section 55109 of title 46, United States Code, is amended—
(1)
in subsection (a), in the matter preceding paragraph (1), by striking “subsection (b)” and inserting “subsections (b) and (c)”;
(2)
by redesignating subsection (c) as subsection (d); and
(3)
by inserting after subsection (b) the following:
“(c)

Dredging by NATO-Affiliated vessels
(1)

In general
A vessel described in paragraph (2) may engage in dredging in the navigable waters of the United States.
(2)

Description of vessels
A vessel referred to in paragraph (1) is a vessel—
(A)
documented under the laws of a country that is a member of the North Atlantic Treaty Organization;
(B)
built by—
(i)
a country that is a member of the North Atlantic Treaty Organization; or
(ii)
a major non-NATO ally (as defined in section 2350a(i) of title 10); and
(C)
a majority of the owners and operators of which are entities incorporated in a country that is a member of the North Atlantic Treaty Organization.”.
(b)

Excluding dredged material from transportation requirements
(1)

In general
Section 55110 of title 46, United States Code, is amended—
(A)
in the section heading, by striking “or dredged material” and inserting “(excluding dredged material)”; and
(B)
by striking “or dredged material” and inserting “(excluding dredged material)”.
(2)

Conforming amendment
The analysis for chapter 551 of title 46, United States Code, is amended by striking the item relating to section 55110 and inserting the following:
“55110. Transportation of valueless material (excluding dredged material).”.