,,ii #aagth ,,congress #ast ,session ,s4 #cbfb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ah1 #bjba,mr4 ,wicker 7for himself1 ,mrs4 ,capito1 ,mr4 ,moran1 ,mr4 ,young1 and ,mrs4 ,blackburn7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to improve the efficient movement of freight at ports in the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,facilitating ,relief for ,efficient ,intermodal ,gateways to ,handle ,transportation ,act or the ,,freight ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,maritime ,commission4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 #c4 ,grant program to improve movement of freight 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a port authority2 7,b7 a ,state entity2 and 7,c7 a local entity4 7#b7 ,program ,the term program means the discretionary grant program established under subsection 7b74 7b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish1 within the ,office of the ,secretary1 a discretionary grant program relating to improving the efficient movement of freight at ports4 7c7 ,goals ,the goals of the program shall be to fund1 through the provision of #a or more grants1 planning projects that-- 7#a7 identify what would be needed for eligible entities-- 7,a7 to standardize the definitions of terms used in port operations and related documentation1 including-- 7i7 terms used in bills of lading2 7ii7 the terms used to identify various port call processes2 and 7iii7 terms used to notify relevant stakeholders that the freight of those stakeholders is available2 or 7,b7 to develop the technology needed to improve communication of eligible entities with respect to freight location1 availability1 and equipment among-- 7i7 port authorities2 7ii7 marine terminal operators2 7iii7 shippers2 7iv7 rail carriers2 7v7 motor carriers and drayage providers2 and 7vi7 other relevant stakeholders2 and 7#b7 result in a planning document described in subsection 7e74 7d7 ,application ,to be eligible to receive a grant under the program1 an eligible entity shall submit to the ,secretary an application1 at such time1 in such manner1 and containing such information as the ,secretary may require1 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 7c77#a77;,a7 and develop the technology described in subsection 7c77#a77;,b74 7e7 ,planning document ,each eligible entity that receives a grant under the program shall develop and submit to the ,secretary1 at such time as the ,secretary determines to be appropriate1 a planning document that-- 7#a7 identifies what would be necessary to standardize the applicable definitions2 7#b7 identifies what would be necessary to develop the applicable technology2 7#c7 includes input from relevant stakeholders1 such as marine terminal operators1 port authorities1 ,state and local governments1 ocean carriers1 barge operators1 motor carriers1 rail carriers1 drayage providers1 chassis providers1 and freight forwarders and brokers2 and 7#d7 addresses concerns regarding data privacy4 7f7 ,project requirements 7#a7 ,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 #ej percent4 7#b7 ,maximum grant amount ,the maximum amount of a grant provided under the program shall be #a1jjj1jjj4 7#c7 ,eligible expenses ,a grant provided under the program may be used for eligible project expenses1 including-- 7,a7 communications hardware and software2 7,b7 data management hardware and software2 and 7,c7 planning and engineering costs4 7g7 ,grant information ,at the request of an eligible entity that receives a grant under the program1 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 activity4 7h7 ,lessons learned ,the ,secretary shall-- 7#a7 analyze the information contained in each planning document submitted under subsection 7e72 and 7#b7 develop and make publicly available lessons learned with respect to standardizing port definitions and communications technology based on that information4 7i7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #b1ejj1jjj for fiscal year #bjbc4 #d4 ,study on documentation and terms used in freight transportation ,not later than #ahj days after the date of enactment of this ,act1 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-- 7#a7 to identify and document-- 7,a7 the documentation1 the data and information exchange1 and other actions necessary to transport freight from a point of origin overseas to a destination in the ,united ,states1 or from a point of origin in the ,united ,states to a destination overseas1 including transportation of the freight-- 7i7 from the point of origin to an ocean carrier2 7ii7 on an ocean carrier2 7iii7 through any port2 and 7iv7 by rail or truck from a port to the destination2 7,b7 whether and how the key terms used in that documentation or the data and information exchanged1 or to describe various actions to move freight1 vary depending on-- 7i7 the type of freight being moved2 7ii7 the mode by which the freight moves2 7iii7 whether the freight is required to be moved by multiple modes2 7iv7 the ,state or region in the ,united ,states from1 through1 or to which the freight moves2 7v7 the port or marine terminal operator2 7vi7 the origination or destination of the freight2 and 7vii7 other relevant criteria2 and 7,c7 recommendations with respect to means to rationalize existing terms1 documentation1 and data and information exchanged to enable port stakeholders to better track and manage freight transfer and delivery2 and 7#b7 to assess and determine-- 7,a7 the data held and shared across existing1 separate data systems used in international transportation across different modes of transportation1 with respect to methods to link those data across the existing1 separate data systems2 7,b7 the best methods to link and enable effective exchange of those data across existing systems1 both domestically and internationally2 7,c7 methods to standardize data obtained from long-standing separate data systems2 and 7,d7 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-- 7i7 the location of freight at ports2 7ii7 the availability of freight for pickup2 and 7iii7 the ability to receive and return equipment at ports4 #e4 ,dwell time statistics 7a7 ,definitions ,in this section3 7#a7 ,director ,the term ,director means the ,director of the ,bureau of ,transportation ,statistics4 7#b7 ,dwell time ,the term dwell time1 with respect to a piece of equipment1 means the quantity of time during which the piece of equipment is-- 7,a7 subject to maintenance2 or 7,b7 in use4 7#c7 ,marine container ,the term marine container means an intermodal container with a length of-- 7,a7 not less than #bj feet2 and 7,b7 not greater than #de feet4 7b7 ,authority ,to collect data 7#a7 ,in general ,each port1 marine terminal operator1 and chassis provider shall submit to the ,director such data as the ,director determines to be necessary for the implementation of this section1 subject to subchapter ,,iii of chapter #ce of title #dd1 ,united ,states ,code4 7#b7 ,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 #fj days after the date of enactment of this ,act4 7c7 ,publication ,not later than #bdj days after the date of enactment of this ,act1 and not less frequently than monthly thereafter1 the ,director shall publish statistics relating to the dwell time of equipment used in intermodal transportation1 including-- 7#a7 total dwell time1 from all causes1 of marine containers and marine container chassis2 and 7#b7 at a minimum1 maintenance dwell time and in-use dwell time of marine containers and marine container chassis4 7d7 ,factors ,to the maximum extent practicable1 the ,director shall publish the statistics described in subsection 7c7-- 7#a7 on a local1 regional1 and national basis2 and 7#b7 at major coastal and inland port facilities4 #f4 ,federal ,maritime ,commission activities 7a7 ,public submissions to ,commission ,the ,chairperson of the ,commission shall-- 7#a7 establish on the public website of the ,commission a webpage that allows for the submission of comments1 complaints1 concerns1 reports of noncompliance1 requests for investigation1 and requests for alternative dispute resolution2 and 7#b7 direct each submission under the link established under paragraph 7#a7 to the appropriate component office of the ,commission4 7b7 ,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 assistance1 mediation1 facilitation1 and arbitration to resolve challenges and disputes involving cargo shipments1 household good shipments1 and cruises subject to the jurisdiction of the ,commission4 7c7 ,enhancing capacity for investigations 7#a7 ,in general ,pursuant to section #dacjb of title #df1 ,united ,states ,code1 not later than #ah months after the date of enactment of this ,act1 the ,chairperson of the ,commission shall staff within the ,bureau of ,enforcement1 the ,bureau of ,certification and ,licensing1 the ,office of the ,managing ,director1 the ,office of ,consumer ,affairs and ,dispute ,resolution ,services1 and the ,bureau of ,trade ,analysis not fewer than #g total positions to assist in investigations and oversight1 in addition to the positions within the ,bureau of ,enforcement1 the ,bureau of ,certification and ,licensing1 the ,office of the ,managing ,director1 the ,office of ,consumer ,affairs and ,dispute ,resolution ,services1 and the ,bureau of ,trade ,analysis on that date of enactment4 7#b7 ,duties ,the additional staff appointed under paragraph 7#a7 shall provide support-- 7,a7 to ,area ,representatives of the ,bureau of ,enforcement2 7,b7 to attorneys of the ,bureau of ,enforcement in enforcing the laws and regulations subject to the jurisdiction of the ,commission2 7,c7 for the alternative dispute resolution services of the ,commission2 or 7,d7 for the review of agreements and activities subject to the authority of the ,commission4 #g4 ,best practices for chassis pools 7a7 ,in general ,not later than ,april #a1 #bjbc1 the ,commission shall enter into an agreement with the ,transportation ,research ,board of the ,national ,academies of ,sciences1 ,engineering1 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 operators1 motor carriers1 railroads1 and other stakeholders that use the chassis pools1 with the goal of optimizing supply chain efficiency and effectiveness4 7b7 ,requirements ,in developing best practices under subsection 7a71 the ,transportation ,research ,board shall-- 7#a7 take into consideration-- 7,a7 practical obstacles to the implementation of chassis pools2 and 7,b7 potential solutions to those obstacles2 and 7#b7 address relevant communication practices1 information sharing1 and knowledge management4 7c7 ,publication ,the ,commission shall publish the best practices developed under this section on a publicly available website by not later than ,april #a1 #bjbd4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,commission to carry out this section #ejj1jjj4 #h4 ,enhancing anti-retaliation protections 7a7 ,general prohibitions ,section #daajb of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,retaliation and other discriminatory actions ,a common carrier1 marine terminal operator1 or ocean transportation intermediary1 acting alone or in conjunction with any other person1 directly or indirectly1 may not-- 7#a7 retaliate against a shipper1 an agent of a shipper1 an ocean transportation intermediary1 or a motor carrier by refusing1 or threatening to refuse1 an otherwise-available cargo space accommodation2 or 7#b7 resort to any other unfair or unjustly discriminatory action for-- 7,a7 the reason that a shipper1 an agent of a shipper1 an ocean transportation intermediary1 or motor carrier has-- 7i7 patronized another carrier2 or 7ii7 filed a complaint against the common carrier1 marine terminal operator1 or ocean transportation intermediary2 or 7,b7 any other reason4 4 7b7 ,conforming amendments 7#a7 ,section #daajd of title #df1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking paragraph 7#c72 and 7ii7 by redesignating paragraphs 7#d7 through 7#ac7 as paragraphs 7#c7 through 7#ab71 respectively2 7,b7 in subsection 7b71 by striking subsection 7a77#ac7 and inserting subsection 7a77#ab72 and 7,c7 in subsection 7c71 by striking subsection 7a77#ac7 and inserting subsection 7a77#ab74 7#b7 ,section #daajh7;a7 of title #df1 ,united ,states ,code1 is amended by striking section #daajd7a71 7#b71 or 7#g7 of this title and inserting paragraph 7#a71 7#b71 or 7#f7 of section #daajd7;a74 7#c7 ,section #daaji7;c7 of title #df1 ,united ,states ,code1 is amended by striking section #daajb7;a7 or #daajd7a7 or 7#b7 of this title and inserting subsection 7a7 or 7d7 of section #daajb or paragraph 7#a7 or 7#b7 of section #daajd7;a74 7#d7 ,section #dacje of title #df1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7c71 by striking #daajd7c7 or 7#f71 or #daaje7a7 or 7#c7 of this title and inserting section #daajd7;a77#e71 or paragraph 7#a7 or 7#c7 of section #daaje2 and 7,b7 in subsection 7d71 by striking section #daajd7d77;,a7 or 7,b7 of this title and inserting subparagraph 7,a7 or 7,b7 of section #daajd7;a77#c74 7c7 ,enhancing reparations for violations ,section #dacje7;c7 of title #df1 ,united ,states ,code 7as amended by subsection 7b77#d77;,a771 is amended by striking #daajb7;b7 and inserting subsection 7b7 or 7c7 of section #daajb4 #i4 ,relief available in enforcement proceedings 7a7 ,assessment of penalties ,section #daaji of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking subsections 7a7 and 7b7 and inserting the following3 7a7 ,general authority ,until a matter is referred to the ,attorney ,general1 the ,federal ,maritime ,commission may-- 7#a7 after notice and opportunity for a hearing1 in accordance with this part-- 7,a7 assess a civil penalty2 or 7,b7 in addition to1 or in lieu of1 assessing a civil penalty under subparagraph 7,a71 order a refund of money 7including additional amounts in accordance with section #dacje7;c771 subject to subsection 7b77#b72 and 7#b7 compromise1 modify1 or remit1 with or without conditions1 a civil penalty or refund imposed under paragraph 7#a74 7b7 ,determination of amount 7#a7 ,factors for consideration ,in determining the amount of a civil penalty assessed or refund of money ordered pursuant to subsection 7a71 the ,federal ,maritime ,commission shall take into consideration-- 7,a7 the nature1 circumstances1 extent1 and gravity of the violation committed2 7,b7 with respect to the violator-- 7i7 the degree of culpability2 7ii7 any history of prior offenses2 7iii7 the ability to pay2 and 7iv7 such other matters as justice may require2 and 7,c7 the amount of any refund of money ordered pursuant to subsection 7a77#a77;,b74 7#b7 ,commensurate reduction in civil penalty 7,a7 ,in general ,in any case in which the ,federal ,maritime ,commission orders a refund of money pursuant to subsection 7a77#a77;,b7 in addition to assessing a civil penalty pursuant to subsection 7a77#a77;,a71 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 7as defined in section #dacje7;a774 7,b7 ,treatment of refunds ,a refund of money ordered pursuant to subsection 7a77#a77;,b7 shall be-- 7i7 considered to be compensation paid to the applicable claimant2 and 7ii7 deducted from the total amount of damages awarded to that claimant in a civil action against the violator relating to the applicable violation4 2 7#b7 in subsection 7c71 by striking may not be imposed and inserting or refund of money under subparagraph 7,a7 or 7,b71 respectively1 of subsection 7a77#a7 may not be imposed2 7#c7 in subsection 7e71 by inserting or order a refund of money after penalty2 7#d7 in subsection 7f71 by inserting 1 or that is ordered to refund money1 after assessed2 and 7#e7 in subsection 7g71 in the first sentence1 by inserting or a refund required under this section after penalty4 7b7 ,enforcement of reparation orders ,section #dacji of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking reparation1 the person to whom the award was made and inserting a refund of money or reparation1 the person to which the refund or reparation was awarded2 and 7#b7 in subsection 7b71 in the first sentence-- 7,a7 by striking made an award of reparation and inserting ordered a refund of money or any other award of reparation2 and 7,b7 by inserting 7except for the ,commission or any component of the ,commission7 after parties in the order4 #aj4 ,port infrastructure performance 7a7 ,port and intermodal improvement program 7#a7 ,definition of qualifying port authority ,in this subsection1 the term qualifying port authority means a container port that is included in the top #aj container ports with respect to the handling of #bj-;foot equivalent units of containerized cargo1 as determined in accordance with the most recent documentation published by the ,secretary4 7#b7 ,data-sharing agreement 7,a7 ,in general ,as a condition of receipt of a grant under title #bc or #di1 ,united ,states ,code1 a qualifying port authority shall enter into a data-sharing agreement under which the qualifying port authority shall submit to the ,secretary the data described in paragraph 7#c71 with a particular emphasis on cargo throughput data1 subject to subparagraphs 7,b7 and 7,c74 7,b7 ,consultation ,to the maximum extent practicable1 to avoid duplicative reporting of data1 the ,secretary shall coordinate with the ,commissioner of ,u4,s4 ,customs and ,border ,protection to receive data previously collected by ,u4,s4 ,customs and ,border ,protection for purposes of this subsection4 7,c7 ,discretion of ,secretary ,if the ,secretary determines that any data referred to in subparagraph 7,a7 are not feasible to collect1 the ,secretary may exclude a qualifying port authority from the requirement to submit those data4 7#c7 ,inclusions ,the data referred to in paragraph 7#b77;,a7 include data collected by a qualifying port authority relating to-- 7,a7 the total capacity of inbound and outbound cargo2 7,b7 the total volume of inbound and outbound cargo2 7,c7 the average number of lifts per hour of containers by crane2 7,d7 the average vessel turn time1 expressed by vessel type2 7,e7 the average cargo1 container1 and intermodal equipment dwell time2 7,f7 port storage capacity and utilization2 7,g7 modal throughput statistics1 including-- 7i7 rail statistics2 and 7ii7 statistics relating to the time required for any single individual or truck trailer to return to the same port or port terminal 7commonly known as truck turn time72 7,h7 the types of cargo moved2 7,i7 the presence and location of any intermodal connectors2 7,j7 the physical size of each terminal within applicable port boundaries2 7,k7 maximum authorized channel depth and maximum actual and current channel depth2 7,l7 the schedule of vessel arrivals1 for use in determining vessel on-time performance2 7,m7 berth utilization2 and 7,n7 any additional metrics1 as determined by the ,secretary4 7#d7 ,origin requirement ,the data required to be submitted under this subsection shall originate from a port authority of a qualifying port authority grant recipient4 7#e7 ,public access to data ,the ,secretary shall ensure that the data compiled under this subsection are readily accessible to the public1 in accordance with applicable security constraints and confidentiality requirements4 7#f7 ,authorization of appropriations for voluntary data-sharing pilot program ,there is authorized to be appropriated #aej1jjj for fiscal year #bjbc to the ,administrator of the ,maritime ,administration to carry out1 in consultation with the ,director of the ,bureau of ,transportation ,statistics1 a voluntary data-sharing pilot program that involves not less than a majority of the types of data described in paragraph 7#c74 7b7 ,administration of policies and programs by ,office of ,multimodal ,freight ,infrastructure and ,policy ,section #aah7;d77#c7 of title #di1 ,united ,states ,code 7as added by section #baaja7;a7 of the ,infrastructure ,investment and ,jobs ,act71 is amended-- 7#a7 in subparagraph 7,a71 by striking and at the end2 7#b7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7#c7 by inserting after subparagraph 7,a7 the following3 7,b7 administer the port and intermodal improvement program under section #ejcjb7;c7 of title #df2 and 4 #aa4 ,temporary emergency authority 7a7 ,definitions ,in this section3 7#a7 ,common carrier ,the term common carrier has the meaning given the term in section #djajb of title #df1 ,united ,states ,code4 7#b7 ,motor carrier ,the term motor carrier has the meaning given the term in section #acajb of title #di1 ,united ,states ,code4 7#c7 ,rail carrier ,the term rail carrier has the meaning given the term in section #ajajb of title #di1 ,united ,states ,code4 7#d7 ,shipper ,the term shipper has the meaning given the term in section #djajb of title #df1 ,united ,states ,code4 7b7 ,public input on information sharing 7#a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,commission shall issue a request for information1 seeking public comment regarding-- 7,a7 whether congestion of the common carriage of goods has created an emergency situation of a magnitude such that there exists a substantial1 adverse effect on the competitiveness and reliability of the international ocean transportation supply system2 7,b7 whether an emergency order under this section would alleviate such an emergency situation2 and 7,c7 the appropriate scope of such an emergency order1 if applicable4 7#b7 ,consultation ,during the public comment period under paragraph 7#a71 the ,commission may consult1 as the ,commission determines to be appropriate1 with-- 7,a7 other ,federal departments and agencies2 and 7,b7 persons with expertise relating to maritime and freight operations4 7c7 ,authority ,to require information sharing ,on making a unanimous determination described in subsection 7d71 the ,commission may issue an emergency order requiring any common carrier or marine terminal operator to share directly with relevant shippers1 rail carriers1 or motor carriers information relating to cargo throughput and availability1 in order to ensure the efficient transportation1 loading1 and unloading of cargo to or from-- 7#a7 any inland destination or point of origin2 7#b7 any vessel2 or 7#c7 any point on a wharf or terminal4 7d7 ,description of determination 7#a7 ,in general ,a determination referred to in subsection 7c7 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 substantial1 adverse effect on the competitiveness and reliability of the international ocean transportation supply system4 7#b7 ,factors for consideration ,in issuing an emergency order pursuant to subsection 7c71 the ,commission shall tailor the emergency order with respect to temporal and geographic scope1 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 #djaja of title #df1 ,united ,states ,code4 7e7 ,petitions for exception 7#a7 ,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 #a or more requirements of the emergency order1 based on a showing of undue hardship or other condition rendering compliance with such a requirement impracticable4 7#b7 ,determination ,the ,commission shall make a determination regarding a petition for exception under paragraph 7#a7 by-- 7,a7 majority vote2 and 7,b7 not later than #ba days after the date on which the petition is submitted4 7#c7 ,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 pending4 7f7 ,limitations 7#a7 ,term ,an emergency order issued pursuant to this section-- 7,a7 shall remain in effect for a period of not longer than #fj days2 but 7,b7 may be renewed by a unanimous determination of the ,commission4 7#b7 ,sunset ,the authority provided by this section shall terminate on the date that is #a year after the date of enactment of this ,act4 #ab4 ,additional transportation representation ,section #acbe7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking #ai members1 of which #ae members and inserting #bd members1 of whom #ah2 and 7#b7 in paragraph 7#c7-- 7,a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and indenting appropriately2 7,b7 in the matter preceding clause 7i7 7as so redesignated71 by striking 7#c7 ,the remaining #f members of the ,council shall and inserting the following3 7#c7 7,a7 ,the remaining #i members of the ,council shall be appointed to 2 7,c7 in subparagraph 7,a7 7as so designated7-- 7i7 in clause 7i7 7as so redesignated71 by striking and at the end2 7ii7 in clause 7ii7 7as so redesignated71 by striking organizations 7as determined by the ,chairman74 and inserting organizations1 as determined by the ,chairman2 and2 and 7iii7 by adding at the end the following3 7iii7 at least #a shall be a representative of marine terminal operators or ports4 2 and 7,d7 by adding at the end the following3 7,b7 ,nothing in this paragraph limits any provision relating to the appointment of the members under paragraph 7#b74 4 #ac4 ,permanent waiver 7a7 ,in general ,notwithstanding any other provision of law1 the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall make permanent the waiver described in the document issued by the ,administrator entitled ,waiver for ,states ,concerning ,third ,party ,,cdl ,skills ,test ,examiners ,in ,response to the ,,covid-#ai ,emergency and dated ,august #ca1 #bjba4 7b7 ,rulemaking ,not later than #ij days after the date of enactment of this ,act1 the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall revise section #chd4bbh of title #di1 ,code of ,federal ,regulations1 to provide that the waiver referred to in subsection 7a7 shall be permanent4