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Bill
Notes

S. 3262 — what changed

Facilitating Relief for Efficient Intermodal Gateways to Handle Transportation Act

From Introduced in Senate to Reported in Senate. 5 added and 5 removed between Introduced in Senate and Reported in Senate.

Sec. 2 Definitions

removed

removed In this Act:

(1)
removed Commission— The term Commission means the Federal Maritime Commission.
(2)
removed Secretary— The term Secretary means the Secretary of Transportation.

Sec. 3 Grant program to improve movement of freight

removed
(a)
removed Definitions— In this section:
(1)
removed Eligible entity— The term eligible entity means—
(A)
removed a port authority;
(B)
removed a State entity; and
(C)
removed a local entity.
(2)
removed Program— The term program means the discretionary grant program established under subsection (b).
(b)
removed Establishment— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish, within the Office of the Secretary, a discretionary grant program relating to improving the efficient movement of freight at ports.
(c)
removed Goals— The goals of the program shall be to fund, through the provision of 1 or more grants, planning projects that—
(1)
removed identify what would be needed for eligible entities—
(A)
removed to standardize the definitions of terms used in port operations and related documentation, including—
(i)
removed terms used in bills of lading;
(ii)
removed the terms used to identify various port call processes; and
(iii)
removed terms used to notify relevant stakeholders that the freight of those stakeholders is available; or
(B)
removed to develop the technology needed to improve communication of eligible entities with respect to freight location, availability, and equipment among—
(i)
removed port authorities;
(ii)
removed marine terminal operators;
(iii)
removed shippers;
(iv)
removed rail carriers;
(v)
removed motor carriers and drayage providers; and
(vi)
removed other relevant stakeholders; and
(2)
removed result in a planning document described in subsection (e).
(d)
removed Application— To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including a description of the means by which the eligible entity will incorporate the views and input of other port stakeholders in identifying what would be needed to standardize the definitions described in subsection (c)(1)(A) and develop the technology described in subsection (c)(1)(B).
(e)
removed Planning document— Each eligible entity that receives a grant under the program shall develop and submit to the Secretary, at such time as the Secretary determines to be appropriate, a planning document that—
(1)
removed identifies what would be necessary to standardize the applicable definitions;
(2)
removed identifies what would be necessary to develop the applicable technology;
(3)
removed includes input from relevant stakeholders, such as marine terminal operators, port authorities, State and local governments, ocean carriers, barge operators, motor carriers, rail carriers, drayage providers, chassis providers, and freight forwarders and brokers; and
(4)
removed addresses concerns regarding data privacy.
(f)
removed Project requirements—
(1)
removed Federal share— The Federal share of the total costs of a project for which a grant is provided under the program shall be not more than 50 percent.
(2)
removed Maximum grant amount— The maximum amount of a grant provided under the program shall be $1,000,000.
(3)
removed Eligible expenses— A grant provided under the program may be used for eligible project expenses, including—
(A)
removed communications hardware and software;
(B)
removed data management hardware and software; and
(C)
removed planning and engineering costs.
(g)
removed Grant information— At the request of an eligible entity that receives a grant under the program, the Secretary shall provide to the eligible entity information relating to other grant programs offered through the Department of Transportation under which the planning projects of the eligible entity under the program may be considered to be an eligible activity.
(h)
removed Lessons learned— The Secretary shall—
(1)
removed analyze the information contained in each planning document submitted under subsection (e); and
(2)
removed develop and make publicly available lessons learned with respect to standardizing port definitions and communications technology based on that information.
(i)
removed Authorization of appropriations— There is authorized to be appropriated to the Secretary to carry out this section $2,500,000 for fiscal year 2023.

Sec. 4 Study on documentation and terms used in freight transportation

removed

removed Not later than 180 days after the date of enactment of this Act, the Secretary shall enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences shall carry out a study—

(1)
removed to identify and document—
(A)
removed the documentation, the data and information exchange, and other actions necessary to transport freight from a point of origin overseas to a destination in the United States, or from a point of origin in the United States to a destination overseas, including transportation of the freight—
(i)
removed from the point of origin to an ocean carrier;
(ii)
removed on an ocean carrier;
(iii)
removed through any port; and
(iv)
removed by rail or truck from a port to the destination;
(B)
removed whether and how the key terms used in that documentation or the data and information exchanged, or to describe various actions to move freight, vary depending on—
(i)
removed the type of freight being moved;
(ii)
removed the mode by which the freight moves;
(iii)
removed whether the freight is required to be moved by multiple modes;
(iv)
removed the State or region in the United States from, through, or to which the freight moves;
(v)
removed the port or marine terminal operator;
(vi)
removed the origination or destination of the freight; and
(vii)
removed other relevant criteria; and
(C)
removed recommendations with respect to means to rationalize existing terms, documentation, and data and information exchanged to enable port stakeholders to better track and manage freight transfer and delivery; and
(2)
removed to assess and determine—
(A)
removed the data held and shared across existing, separate data systems used in international transportation across different modes of transportation, with respect to methods to link those data across the existing, separate data systems;
(B)
removed the best methods to link and enable effective exchange of those data across existing systems, both domestically and internationally;
(C)
removed methods to standardize data obtained from long-standing separate data systems; and
(D)
removed gaps in existing data and technology standards that would be necessary to address the development of systems to allow port stakeholders to better track and predict—
(i)
removed the location of freight at ports;
(ii)
removed the availability of freight for pickup; and
(iii)
removed the ability to receive and return equipment at ports.

Sec. 5 Dwell time statistics

removed
(a)
removed Definitions— In this section:
(1)
removed Director— The term Director means the Director of the Bureau of Transportation Statistics.
(2)
removed Dwell time— The term dwell time, with respect to a piece of equipment, means the quantity of time during which the piece of equipment is—
(A)
removed subject to maintenance; or
(B)
removed in use.
(3)
removed Marine container— The term marine container means an intermodal container with a length of—
(A)
removed not less than 20 feet; and
(B)
removed not greater than 45 feet.
(b)
removed Authority To collect data—
(1)
removed In general— Each port, marine terminal operator, and chassis provider 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)
removed Approval by OMB— The Director of the Office of Management and Budget shall approve an information collection for purposes of this section by not later than 60 days after the date of enactment of this Act.
(c)
removed Publication— 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, including—
(1)
removed total dwell time, from all causes, of marine containers and marine container chassis; and
(2)
removed at a minimum, maintenance dwell time and in-use dwell time of marine containers and marine container chassis.
(d)
removed Factors— To the maximum extent practicable, the Director shall publish the statistics described in subsection (c)—
(1)
removed on a local, regional, and national basis; and
(2)
removed at major coastal and inland port facilities.

Sec. 6 Federal Maritime Commission activities

removed
(a)
removed Public submissions to Commission— The Chairperson of the Commission shall—
(1)
removed 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)
removed direct each submission under the link established under paragraph (1) to the appropriate component office of the Commission.
(b)
removed 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)
removed Enhancing capacity for investigations—
(1)
removed 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)
removed Duties— The additional staff appointed under paragraph (1) shall provide support—
(A)
removed to Area Representatives of the Bureau of Enforcement;
(B)
removed to attorneys of the Bureau of Enforcement in enforcing the laws and regulations subject to the jurisdiction of the Commission;
(C)
removed for the alternative dispute resolution services of the Commission; or
(D)
removed for the review of agreements and activities subject to the authority of the Commission.

Sec. 2 Dwell time statistics

added
(a)
added Definitions— In this section:
(1)
added Director— The term Director means the Director of the Bureau of Transportation Statistics.
(2)
added Marine container— The term marine container means an intermodal container with a length of—
(A)
added not less than 20 feet; and
(B)
added not greater than 45 feet.
(3)
added 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)
added 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)
added Authority to collect data—
(1)
added 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)
added 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)
added 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 intermodal freight facilities, including—
(1)
added total street dwell time, from all causes, of marine containers and marine container chassis; and
(2)
added the average out of service percentage, which shall not be identifiable with any particular port, marine terminal operators, or chassis provider.
(d)
added 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)
added Sunset— The authority under this section shall expire December 31, 2026.

Sec. 3 Federal Maritime Commission activities

added
(a)
added Public submissions to Commission— The Federal Maritime Commission (referred to in this Act as the Commission) shall—
(1)
added 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)
added direct each submission under the link established under paragraph (1) to the appropriate component office of the Commission.
(b)
added 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)
added Enhancing capacity for investigations—
(1)
added 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)
added Duties— The additional staff appointed under paragraph (1) shall provide support—
(A)
added to Area Representatives of the Bureau of Enforcement;
(B)
added to attorneys of the Bureau of Enforcement in enforcing the laws and regulations subject to the jurisdiction of the Commission;
(C)
added for the alternative dispute resolution services of the Commission; or
(D)
added for the review of agreements and activities subject to the authority of the Commission.

Sec. 4 Temporary emergency authority

added
(a)
added Definitions— In this section:
(1)
added Common carrier— The term common carrier has the meaning given the term in section 40102 of title 46, United States Code.
(2)
added Motor carrier— The term motor carrier has the meaning given the term in section 13102 of title 49, United States Code.
(3)
added Rail carrier— The term rail carrier has the meaning given the term in section 10102 of title 49, United States Code.
(4)
added Shipper— The term shipper has the meaning given the term in section 40102 of title 46, United States Code.
(b)
added Public input on information sharing—
(1)
added In general— Not later than 60 days after the date of enactment of this Act, the Commission shall issue a request for information, seeking public comment regarding—
(A)
added 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)
added whether an emergency order under this section would alleviate such an emergency situation; and
(C)
added the appropriate scope of such an emergency order, if applicable.
(2)
added Consultation— During the public comment period under paragraph (1), the Commission may consult, as the Commission determines to be appropriate, with—
(A)
added other Federal departments and agencies; and
(B)
added persons with expertise relating to maritime and freight operations.
(c)
added 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)
added any inland destination or point of origin;
(2)
added any vessel; or
(3)
added any point on a wharf or terminal.
(d)
added Description of determination—
(1)
added In general— A determination referred to in subsection (c) is a unanimous determination by the commissioners on the Commission that congestion of common 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)
added 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 ocean 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)
added Petitions for exception—
(1)
added 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)
added Determination— The Commission shall make a determination regarding a petition for exception under paragraph (1) by—
(A)
added majority vote; and
(B)
added not later than 21 days after the date on which the petition is submitted.
(3)
added 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)
added Limitations—
(1)
added Term— An emergency order issued pursuant to this section—
(A)
added shall remain in effect for a period of not longer than 60 days; but
(B)
added may be renewed by a unanimous determination of the Commission.
(2)
added 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)
added 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. 5 Best practices for chassis pools

added
(a)
added In general— Not later than April 1, 2023, the 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)
added Requirements— In developing best practices under subsection (a), the Transportation Research Board shall—
(1)
added take into consideration—
(A)
added practical obstacles to the implementation of chassis pools; and
(B)
added potential solutions to those obstacles; and
(2)
added address relevant communication practices, information sharing, and knowledge management.
(c)
added 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)
added 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. 6 Licensing testing

added
(a)
added 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)
added Permanent waiver— If the Administrator finds no safety concerns after conducting a review under subsection (a), the Administrator shall, notwithstanding any other provision of law, make the waiver permanent.
(c)
added Rulemaking— Not later than 90 days after completing the review under subsection (a), the Administrator shall 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.