[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3580 Engrossed in Senate (ES)]

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117th CONGRESS
  2d Session
                                S. 3580

_______________________________________________________________________

                                 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.

    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 ``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. 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.
    ``(b) Registration.--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.--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) 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, 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
                    ``(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.--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) 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.--
            ``(1) Inaccurate invoice.--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) Rulemaking on Demurrage or Detention.--
            (1) 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.--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 a 
        determination of which parties may be appropriately billed for 
        any demurrage, detention, or other similar per container 
        charges.
    (c) 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) Rulemaking on Unreasonable Refusal to Deal or Negotiate With 
Respect to Vessel Space Accommodations.--Not later 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) 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;
                            ``(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. Data collection
    ``The 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. 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) 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, 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:
``Sec. 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.--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, 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.--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''.

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
            (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.--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.--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.--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. FEDERAL MARITIME COMMISSION ACTIVITIES.

    (a) Public Submissions to Commission.--The Federal Maritime 
Commission shall--
            (1) 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
            (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.--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.--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 
                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) 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--
                    (A) 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.--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.--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. LICENSING TESTING.

    (a) In General.--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 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.--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. TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS.

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

            Passed the Senate March 31, 2022.

            Attest:

                                                             Secretary.
117th CONGRESS

  2d Session

                                S. 3580

_______________________________________________________________________

                                 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.