,,ii  #aagth ,,congress  #ast ,session  
,s4 #cbeb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #ah1 
#bjba,mr4 ,lee 7for himself and ,ms4    
,lummis7 introduced the following bill2 
which was read twice and referred to the
 ,committee on ,commerce1 ,science1 and 
,transportation  ,a ,,bill  ,to address 
the supply chain backlog in the freight 
network at ,united ,states ports1 and   
for other purposes4  #a4 ,short title   
,this ,act may be cited as the          
,surpassing ,temporary ,obstructions at 
,ports and ,guaranteeing ,resources to  
,increase the ,nation's ,commercial     
,health ,act or the ,,stop the ,,grinch 
,act4  #b4 ,sense of ,congress ,it is   
the sense of ,congress that the         
unprecedented supply chain backlog in   
the freight network of the ,united      
,states as of ,november #bjba is a      
national crisis that warrants           
,congressional authorization of         
short-term ,federal emergency actions to
 ameliorate that crisis4  #c4           

,addressing the supply chain crisis in  
the ,united ,states  7a7 ,definitions   
,in this section3 7#a7 ,administrator   
,the term ,administrator means the      
,administrator of the ,federal ,motor   
,carrier ,safety ,administration4  7#b7 
,commercial motor vehicle2 driver2 motor
 carrier ,the terms commercial motor    
vehicle1 driver1 and motor carrier have 
the meanings given those terms in       
section #cij4e of title #di1 ,code of   
,federal ,regulations 7or successor     
regulations74  7#c7 ,direct assistance  
to a ,united ,states port  7,a7 ,in     
general ,the term direct assistance to a
 ,united ,states port means the         
transportation of cargo directly to or  
from a ,united ,states port4  7,b7      
,exclusion ,the term direct assistance  
to a ,united ,states port does not      
include-- 7i7 the transportation of a   
mixed load of cargo that includes-- 7,i7
 cargo that does not originate from a   
,united ,states port2 or  7,,ii7 a      
container or cargo that is not bound for

 a ,united ,states port2  7ii7 any      
period during which the applicable motor
 carrier or driver is operating in      
interstate commerce to transport cargo  
or provide services not in support of   
transportation to or from a ,united     
,states port2 or  7iii7 the period after
 the applicable motor carrier dispatches
 the applicable driver or commercial    
motor vehicle of the motor carrier to   
another location to begin operation in  
interstate commerce in a manner that is 
not in support of transportation to or  
from a ,united ,states port4  7#d7      
,qualified applicant ,the term qualified
 applicant means a person that-- 7,a7   
submits to the appropriate official an  
application for a waiver under this     
section2 and  7,b7 in the determination 
of that official1 is eligible1 in       
accordance with this section1 to receive
 the waiver4  7#e7 ,temporary waiver    
,the term temporary waiver means a      
waiver that expires on the date that is 
#a year after the date of enactment of  

this ,act4  7b7 ,,fmcsa temporary       
waivers  7#a7 ,temporary waiver of      
certain requirements  7,a7 ,in general  
,not later than #g days after the date  
of enactment of this ,act1 the          
,administrator shall issue to each      
qualified applicant a temporary waiver  
that1 subject to paragraph 7#c71 waives 
the requirements of parts #cij through  
#cii of title #di1 ,code of ,federal    
,regulations 7or successor regulations71
 with respect to commercial motor       
vehicle operations that are providing   
direct assistance to a ,united ,states  
port4  7,b7 ,eligibility ,an applicant  
is eligible for a temporary waiver under
 subparagraph 7,a7 if the applicant is a
 motor carrier or driver that provides  
direct assistance to a ,united ,states  
port4  7#b7 ,temporary waiver of minimum
 age requirement  7,a7 ,in general ,not 
later than #b days after the date of    
enactment of this ,act1 the             
,administrator shall issue to each      
qualified applicant a temporary waiver  

from the requirement of section         
#cia4aa7;b77#a7 of title #di1 ,code of  
,federal ,regulations 7or successor     
regulations71 for drivers that are at   
least #ah years old1 subject to         
paragraph 7#c74  7,b7 ,eligibility ,an  
applicant is eligible for a temporary   
waiver under subparagraph 7,a7 if the   
applicant-- 7i7 is providing direct     
assistance to a ,united ,states port2 or
  7ii7 is directly assuming the         
commercial motor vehicle operations of a
 driver who has been re-routed to a     
,united ,states port to provide direct  
assistance to a ,united ,states port4   
7#c7 ,requirements ,a temporary waiver  
under paragraph 7#a7 or 7#b7 shall not  
exempt a motor carrier or driver from-- 
7,a7 the hazardous materials regulations
 described in subchapters ,a through ,c 
of chapter ,i of subtitle ,b of title   
#di1 ,code of ,federal ,regulations 7or 
successor regulations72  7,b7 the       
controlled substances and alcohol use   
and testing requirements described in   

part #chb of that title 7or successor   
regulations72  7,c7 except as provided  
in paragraph 7#b71 the commercial       
driver's license requirements described 
in part #chc of that title 7or successor
 regulations72  7,d7 the financial      
responsibility 7including insurance7    
requirements described in part #chg of  
that title 7or successor regulations72  
7,e7 the requirement that every         
commercial motor vehicle shall be       
operated in accordance with the laws1   
ordinances1 and regulations of the      
jurisdiction in which the commercial    
motor vehicle is being operated1 which  
shall include any applicable speed      
limits and other traffic restrictions1  
as described in the first sentence of   
section #cib4b of that title 7or        
successor regulations72  7,f7 the       
prohibition against operating a         
commercial motor vehicle while the      
ability of the driver is so impaired1 or
 so likely to become impaired1 through  
fatigue1 illness1 or any other cause1 as

 to make it unsafe for the driver to    
begin or continue to operate the        
commercial motor vehicle1 as described  
in section #cib4c of that title 7or     
successor regulations72  7,g7 the       
prohibition against texting while       
driving described in section #cib4hj of 
that title 7or successor regulations72  
7,h7 the prohibition against using a    
hand-held mobile telephone while driving
 described in section #cib4hb of that   
title 7or successor regulations72 or    
7,i7 any applicable size and weight     
requirements4  7#d7 ,driver fatigue and 
safety  7,a7 ,in general ,a motor       
carrier receiving a temporary waiver    
under paragraph 7#a7 or 7#b7 shall not  
allow or require a fatigued driver to   
operate a commercial motor vehicle4     
7,b7 ,requirement ,for the period during
 which a temporary waiver under         
paragraph 7#a7 or 7#b7 is effective1 a  
motor carrier described in subparagraph 
7,a7 that receives from a driver        
notification that the driver is in need 

of immediate rest shall immediately     
provide the driver with not less than   
#aj consecutive hours of off-duty time  
before the driver is required to return 
to service4  7c7 ,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 applicants1 
including commercial drivers who are    
operating under a temporary waiver      
issued under subsection 7b77#b71 who    
reasonably demonstrate that the purpose 
of the ,transportation ,worker          
,identification ,credential is for      
providing1 within the interior of the   
,united ,states1 direct assistance to a 
,united ,states port4  7d7 ,temporary   
waiver of ,jones ,act requirements for  
certain vessels transporting cargo  7#a7
 ,authority  7,a7 ,certificate of       

coastwise endorsement ,notwithstanding  
the requirements under section #abaab of
 title #df1 ,united ,states ,code1 and  
any other requirement under chapter #aba
 of such title1 the ,secretary of the   
department in which the ,coast ,guard is
 operating 7referred to in this         
subsection as the ,secretary7 may issue 
a certificate of documentation with a   
coastwise endorsement under such chapter
 #aba in accordance with this subsection
 for a vessel1 without regard to whether
 the vessel meets the requirements of   
such section #abaab1 in a case that the 
person requesting such certificate      
reasonably demonstrates the endorsement 
7or the resulting exemption under       
subparagraph 7,b77 is for the purpose   
of-- 7i7 transporting cargo from a      
,united ,states port to another ,united 
,states port in order to relieve any    
congestion1 backlog1 or delay at such a 
port2 or  7ii7 engaging in lightering   
operations1 which entail a ship-to-ship 
transfer of cargo from a vessel anchored

 or located off the coast of the ,united
 ,states to another vessel that         
transports such cargo to a ,united      
,states port4  7,b7 ,exemption of       
additional requirements ,until the      
expiration under paragraph 7#c7 of the  
authority under this subsection1        
notwithstanding section #eeajb of title 
#df1 ,united ,states ,code1 such section
 #eeajb shall not apply to any vessel   
that has been issued a certificate of   
documentation with a coastwise          
endorsement under subparagraph 7,a74    
7#b7 ,timing  7,a7 ,in general ,not     
later than #dh hours after receiving a  
request for a certificate of            
documentation with a coastwise          
endorsement under paragraph 7#a77;,a71  
the ,secretary shall-- 7i7 issue the    
certificate with such endorsement2 or   
7ii7 7,i7 submit detailed reasons for   
denying the certificate to the person   
requesting the certificate2 and  7,,ii7 
post such denial and reasons to the     
public on the website of the ,department

 in which the ,coast ,guard is          
operating4  7,b7 ,automatic issuance ,in
 the case that the ,secretary does not  
comply with subparagraph 7,a71 a        
certificate of documentation with a     
coastwise endorsement for such vessel   
shall be deemed issued under paragraph  
7#a77;,a74  7#c7 ,expiration ,the       
authority under this subsection1        
including any coastwise endorsement     
authorized under this section1 shall    
expire on the date that is #a year after
 the date of enactment of this ,act4    
7e7 ,container overflow storage  7#a7   
,in general ,not later than #ad days    
after the date of enactment of this     
,act1 the ,secretary of ,agriculture1   
the ,secretary of the ,interior1 and the
 ,secretary of ,transportation shall    
jointly consult with representatives of 
ocean carriers1 ports1 railroads1 and   
truckers-- 7,a7 to identify plots of    
,federal land under the jurisdiction of 
the ,secretary of ,agriculture1 the     
,secretary of the ,interior1 or the     

,secretary of ,transportation that-- 7i7
 are located within a #aej air-mile     
radius of a ,united ,states port2 and   
7ii7 could temporarily be used as an    
overflow area for the storage and       
transfer of empty cargo containers in   
order to ease the congestion and backlog
 at ,united ,states ports2 and  7,b7 to 
designate not fewer than #b plots of    
,federal land identified under          
subparagraph 7,a7 for the use described 
in clause 7ii7 of that subparagraph1    
subject to the conditions that-- 7i7    
each specific plot so designated shall  
be not more than #ejj acres2  7ii7 the  
stacking of containers shall be         
permitted at each specific plot so      
designated for a period of not more than
 #f months beginning on the date on     
which the designation of the plot is    
published in the ,federal ,register     
under paragraph 7#b72 and  7iii7        
containers shall not be stacked more    
than #f high at any plot so designated4 
7#b7 ,publication in the ,federal       

,register ,the designation of a plot of 
,federal land under paragraph 7#a77;,b7 
shall be published in the ,federal      
,register4  7#c7 ,categorical exclusion 
,the designation of a plot of ,federal  
land under paragraph 7#a77;,b7 shall be 
categorically excluded from the         
requirements of the ,national           
,environmental ,policy ,act of #aifi    
7#db ,u4,s4,c4 #dcba et seq471 subject  
to the condition that1 prior to the     
designation of the plot of ,federal land
 under that paragraph1 the applicable   
,secretary described in paragraph       
7#a77;,a7 having jurisdiction over the  
plot carefully considers the            
circumstances of the designation and    
determines that there are no            
extraordinary circumstances that warrant
 the preparation of an environmental    
assessment or an environmental impact   
statement4  7f7 ,loan of ,,dod          
intermodal equipment  7#a7 ,definitions 
,in this subsection3 7,a7 ,intermodal   
equipment ,the term intermodal equipment

 has the meaning given the term in      
section #cij4e of title #di1 ,code of   
,federal ,regulations 7or successor     
regulations74  7,b7 ,secretary ,the term
 ,secretary means the ,secretary of     
,defense4  7#b7 ,inventory of intermodal
 equipment ,not later than #ad days     
after the date of enactment of this     
,act1 the ,secretary shall conduct an   
inventory of intermodal equipment that--
 7,a7 is owned by the ,department of    
,defense2  7,b7 is located within the   
,united ,states2 and  7,c7 could be made
 available for loan to truck companies  
for the purposes of easing congestion at
 ,united ,states ports4  7#c7 ,loan of  
intermodal equipment  7,a7 ,process ,not
 later than #g days after the date on   
which the inventory under paragraph 7#b7
 is complete1 the ,secretary shall      
create a process for a truck company to 
submit an application requesting the use
 of intermodal equipment identified in  
that inventory4  7,b7 ,conditions ,the  
loan of intermodal equipment under this 

subsection shall be subject to the      
conditions that-- 7i7 the truck company 
agrees to reimburse the ,secretary for  
any damage caused to the intermodal     
equipment while the intermodal equipment
 is loaned to the truck company2  7ii7  
the use of the intermodal equipment by  
the truck company is for a period not   
longer than #f months2 and  7iii7 the   
use of the intermodal equipment by the  
truck company will not affect the       
national security of the ,united        
,states4  7,c7 ,fees  7i7 ,in general   
,subject to clauses 7ii7 and 7iii71 the 
,secretary may charge a reasonable fee  
for the loan of intermodal equipment    
under this subsection4  7ii7            
,consultation ,the ,secretary may charge
 a fee under clause 7i7 if the          
,secretary-- 7,i7 consults with the     
,secretary of ,agriculture1 the         
,secretary of the ,interior1 and the    
,secretary of ,transportation2 and      
7,,ii7 determines that charging a fee   
would be appropriate4  7iii7 ,amount    

,the amount of a fee under clause 7i7   
shall be based on the market rate for   
similar loans or rentals of intermodal  
equipment or similar equipment as of    
,january #a1 #bjbj4  7iv7 ,deposit and  
use ,any fee collected by the ,secretary
 under clause 7i7 shall be deposited in 
the general fund of the ,treasury and   
made available to the ,secretary of     
,agriculture1 the ,secretary of the     
,interior1 and the ,secretary of        
,transportation for remediation of any  
,federal land designated under          
subsection 7e74  7v7 ,restrictions ,a   
fee collected under clause 7i7 may not  
be used-- 7,i7 until the designation of 
the applicable plot of ,federal land    
under subsection 7e7 has expired2 or    
7,,ii7 for any purpose other than the   
remediation of land designated under    
subsection 7e74  7#d7 ,recall of        
intermodal equipment ,to protect the    
national security of the ,united        
,states1 the ,secretary may recall any  
intermodal equipment on loan to a truck 

company under this subsection by issuing
 a notice to the truck company #gb hours
 before the time at which the intermodal
 equipment is required to be returned to
 the ,secretary4