[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):
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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.
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