#aagth ,,congress #b;d ,session ,s4 #cehj ,,an ,,act ,to amend title #df1 ,united ,states ,code1 with respect to prohibited acts by ocean common carriers or marine terminal operators1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ocean ,shipping ,reform ,act of #bjbb4 #b4 ,purposes ,section #djaja of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#b7 and inserting the following3 7#b7 ensure an efficient1 competitive1 and economical transportation system in the ocean commerce of the ,united ,states2 2 7#b7 in paragraph 7#c71 by inserting and supporting commerce after needs2 and 7#c7 by striking paragraph 7#d7 and inserting the following3 7#d7 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 ,states1 and by placing a greater reliance on the marketplace4 4 #c4 ,service contracts ,section #djejb7;c7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#g71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#h71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7#i7 any other essential terms that the ,federal ,maritime ,commission determines necessary or appropriate through a rulemaking process4 4 #d4 ,shipping exchange registry 7a7 ,in general ,chapter #dje of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #djejd4 ,shipping exchange registry 7a7 ,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 section4 7b7 ,registration ,a person shall register a shipping exchange by filing with the ,federal ,maritime ,commission an application for registration in such form as the ,commission1 by rule1 may prescribe1 containing the rules of the exchange and such other information and documents as the ,commission1 by rule1 may prescribe as necessary or appropriate to complete a shipping exchange's registration4 7c7 ,exemption ,the ,commission may exempt1 conditionally or unconditionally1 a shipping exchange from registration under this section if the ,commission finds that the shipping exchange is subject to comparable1 comprehensive supervision and regulation by the appropriate governmental authorities in a foreign country where the shipping exchange is headquartered4 7d7 ,regulations ,not later than #c years after the date of enactment of the ,ocean ,shipping ,reform ,act of #bjbb1 the ,commission shall issue regulations pursuant to subsection 7a71 which shall set standards necessary to carry out subtitle ,,iv of this title for registered national shipping exchanges4 ,for consideration of a service contract entered into by a shipping exchange1 the ,commission shall be limited to the minimum essential terms for service contracts established under section #djejb of this title4 7e7 ,definition of shipping exchange ,in this section1 the term shipping exchange means a platform 7digital1 over-the-counter1 or otherwise7 that connects shippers with common carriers for the purpose of entering into underlying agreements or contracts for the transport of cargo1 by vessel or other modes of transportation4 4 7b7 ,applicability ,the registration requirement under section #djejd of title #df1 ,united ,states ,code 7as added by subsection 7a771 shall take effect on the date on which the ,federal ,maritime ,commission states the rule is effective in the regulations issued under such section4 7c7 ,clerical amendment ,the analysis for chapter #dje of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #djejd4 ,shipping exchange registry4 4 #e4 ,prohibition on retaliation ,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 #f4 ,public disclosure ,section #dfajf of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,public disclosures ,the ,federal ,maritime ,commission shall publish1 and annually update1 on the website of the ,commission-- 7#a7 all findings by the ,commission of false detention and demurrage invoice information by common carriers under section #daajd7;a77#ae7 of this title2 and 7#b7 all penalties imposed or assessed against common carriers1 as applicable1 under sections #daajg1 #daajh1 and #daaji1 listed by each common carrier4 4 #g4 ,common carriers 7a7 ,in general ,section #daajd of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking may not and inserting shall not2 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 unreasonably refuse cargo space accommodations when available1 or resort to other unfair or unjustly discriminatory methods2 2 7,c7 in paragraph 7#e71 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 charges2 7,d7 in paragraph 7#aj71 by adding 1 including with respect to vessel space accommodations provided by an ocean common carrier after negotiate2 7,e7 in paragraph 7#ab7 by striking 2 or and inserting a semicolon2 7,f7 in paragraph 7#ac7 by striking the period and inserting a semicolon2 and 7,g7 by adding at the end the following3 7#ad7 assess any party for a charge that is inconsistent or does not comply with all applicable provisions and regulations1 including subsection 7c7 of section #daajb or part #ede of title #df1 ,code of ,federal ,regulations 7or successor regulations72 7#ae7 invoice any party for demurrage or detention charges unless the invoice includes information as described in subsection 7d7 showing that such charges comply with-- 7,a7 all provisions of part #ede of title #df1 ,code of ,federal ,regulations 7or successor regulations72 and 7,b7 applicable provisions and regulations1 including the principles of the final rule published on ,may #ah1 #bjbj1 entitled ,interpretive ,rule on ,demurrage and ,detention ,under the ,shipping ,act 7or successor rule72 or 7#af7 for service pursuant to a service contract1 give any undue or unreasonable preference or advantage or impose any undue or unreasonable prejudice or disadvantage against any commodity group or type of shipment4 2 and 7#b7 by adding at the end the following3 7d7 ,detention and demurrage invoice information 7#a7 ,inaccurate invoice ,if the ,commission determines1 after an investigation in response to a submission under section #dacaj1 that an invoice under subsection 7a77#ae7 was inaccurate or false1 penalties or refunds under section #daajg shall be applied4 7#b7 ,contents of invoice ,an invoice under subsection 7a77#ae71 unless otherwise determined by subsequent ,commission rulemaking1 shall include accurate information on each of the following1 as well as minimum information as determined by the ,commission3 7,a7 ,date that container is made available4 7,b7 ,the port of discharge4 7,c7 ,the container number or numbers4 7,d7 ,for exported shipments1 the earliest return date4 7,e7 ,the allowed free time in days4 7,f7 ,the start date of free time4 7,g7 ,the end date of free time4 7,h7 ,the applicable detention or demurrage rule on which the daily rate is based4 7,i7 ,the applicable rate or rates per the applicable rule4 7,j7 ,the total amount due4 7,k7 ,the email1 telephone number1 or other appropriate contact information for questions or requests for mitigation of fees4 7,l7 ,a statement that the charges are consistent with any of ,federal ,maritime ,commission rules with respect to detention and demurrage4 7,m7 ,a statement that the common carrier's performance did not cause or contribute to the underlying invoiced charges4 7e7 ,safe harbor ,if a non-vessel operating common carrier passes through to the relevant shipper an invoice made by the ocean common carrier1 and the ,commission finds that the non-vessel operating common carrier is not otherwise responsible for the charge1 then the ocean common carrier shall be subject to refunds or penalties pursuant to subsection 7d77#a74 7f7 ,elimination of charge obligation ,failure to include the information required under subsection 7d7 on an invoice with any demurrage or detention charge shall eliminate any obligation of the charged party to pay the applicable charge4 4 7b7 ,rulemaking on demurrage or detention 7#a7 ,in general ,not later than #de days after the date of enactment of this ,act1 the ,federal ,maritime ,commission shall initiate a rulemaking further defining prohibited practices by common carriers1 marine terminal operators1 shippers1 and ocean transportation intermediaries under section #daajb7;c7 of title #df1 ,united ,states ,code1 regarding the assessment of demurrage or detention charges4 ,the ,federal ,maritime ,commission shall issue a final rule defining such practices not later than #a year after the date of enactment of this ,act4 7#b7 ,contents ,the rule under paragraph 7#a7 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 #ah1 #bjbj1 entitled ,interpretive ,rule on ,demurrage and ,detention ,under the ,shipping ,act 7or successor rule71 including a determination of which parties may be appropriately billed for any demurrage1 detention1 or other similar per container charges4 7c7 ,rulemaking on unfair or unjustly discriminatory methods ,not later than #fj days after the date of enactment of this ,act1 the ,federal ,maritime ,commission shall initiate a rulemaking defining unfair or unjustly discriminatory methods under section #daajd7;a77#c7 of title #df1 ,united ,states ,code1 as amended by this section4 ,the ,federal ,maritime ,commission shall issue a final rule not later than #a year after the date of enactment of this ,act4 7d7 ,rulemaking on unreasonable refusal to deal or negotiate with respect to vessel space accommodations ,not later than #cj days after the date of enactment of this ,act1 the ,federal ,maritime ,commission1 in consultation with the ,commandant of the ,united ,states ,coast ,guard1 shall initiate a rulemaking defining unreasonable refusal to deal or negotiate with respect to vessel space under section #daajd7;a77#aj7 of title #df1 as amended by this section4 ,the ,federal ,maritime ,commission shall issue a final rule not later than #f months after the date of enactment of this ,act4 #h4 ,assessment of penalties or refunds 7a7 ,in general ,title #df1 ,united ,states ,code1 is amended-- 7#a7 in section #daajg-- 7,a7 in the section heading1 by inserting or refunds after penalties2 7,b7 in subsection 7a71 by inserting or1 in addition to or in lieu of a civil penalty1 is liable for the refund of a charge after civil penalty2 and 7,c7 in subsection 7b71 by inserting or1 in addition to or in lieu of a civil penalty1 the refund of a charge1 after civil penalty2 and 7#b7 section #daaji 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 #i4 ,data collection 7a7 ,in ,general ,chapter #daa of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #daaaj4 ,data collection ,the ,federal ,maritime ,commission shall publish on its website a calendar quarterly report that describes the total import and export tonnage and the total loaded and empty #bj-;foot equivalent units per vessel 7making port in the ,united ,states1 including any territory or possession of the ,united ,states7 operated by each ocean common carrier covered under this chapter4 ,ocean common carriers under this chapter shall provide to the ,commission all necessary information1 as determined by the ,commission1 for completion of this report4 4 7b7 ,rule of construction ,nothing in this section1 and the amendment made by this section1 shall be construed to compel the public disclosure of any confidential or proprietary data1 in accordance with section #eeb7;b77#d7 of title #e1 ,united ,states ,code4 7c7 ,clerical amendment ,the analysis for chapter #daa of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #daaaj4 ,data collection4 4 #aj4 ,charge complaints 7a7 ,in general ,chapter #dac of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #dacaj4 ,charge complaints 7a7 ,in general ,a person may submit to the ,federal ,maritime ,commission1 and the ,commission shall accept1 information concerning complaints about charges assessed by a common carrier4 ,the information submitted to the ,commission shall include the bill of lading numbers and invoices1 and may include any other relevant information4 7b7 ,investigation ,upon receipt of a submission under subsection 7a71 with respect to a charge assessed by a common carrier1 the ,commission shall promptly investigate the charge with regard to compliance with section #daajd7;a7 and section #daajb4 ,the common carrier shall-- 7#a7 be provided an opportunity to submit additional information related to the charge in question2 and 7#b7 bear the burden of establishing the reasonableness of any demurrage or detention charges pursuant to section #ede4e of title #df1 ,code of ,federal ,regulations 7or successor regulations74 7c7 ,refund ,upon receipt of submissions under subsection 7a71 if the ,commission determines that a charge does not comply with section #daajd7;a7 or #daajb1 the ,commission shall promptly order the refund of charges paid4 7d7 ,penalties ,in the event of a finding that a charge does not comply with section #daajd7;a7 or #daajb after submission under subsection 7a71 a civil penalty under section #daajg shall be applied to the common carrier making such charge4 7e7 ,considerations ,if the common carrier assessing the charge is acting in the capacity of a non-vessel-operating common carrier1 the ,commission shall1 while conducting an investigation under subsection 7b71 consider-- 7#a7 whether the non-vessel-operating common carrier is responsible for the noncompliant assessment of the charge1 in whole or in part2 and 7#b7 whether another party is ultimately responsible in whole or in part and potentially subject to action under subsections 7c7 and 7d74 4 7b7 ,clerical amendment ,the analysis for chapter #dac of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #dacaj4 ,charge complaints4 4 #aa4 ,investigations 7a7 ,amendments ,section #dacjb of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the first sentence1 by striking or agreement and inserting agreement1 fee1 or charge2 and 7#b7 in subsection 7b7-- 7,a7 in the subsection heading1 by striking ,agreement and inserting ,agreement1 fee1 or charge2 and 7,b7 by inserting 1 fee1 or charge after agreement4 7b7 ,report ,the ,federal ,maritime ,commission shall publish on a publicly available website of the ,commission a report containing the results of the investigation entitled ,fact ,finding ,no4 #bi1 ,international ,ocean ,transportation ,supply ,chain ,engagement4 #ab4 ,award of additional amounts ,section #dacje7;c7 of title #df1 ,united ,states ,code is amended by striking 8#daajb7;b70 and inserting 8subsection 7b7 or 7c7 of section #daajb04 #ac4 ,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 #ad4 ,annual report to ,congress ,section #dfajf7;b7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#e71 by striking and at the end2 7#b7 in paragraph 7#f71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7#g7 an identification of any otherwise concerning practices by ocean common carriers1 particularly such carriers that are controlled carriers1 that are-- 7,a7 ,state-owned or ,state-controlled enterprises2 or 7,b7 owned or controlled by1 a subsidiary of1 or otherwise related legally or financially 7other than a minority relationship or investment7 to a corporation based in a country-- 7i7 identified as a nonmarket economy country 7as defined in section #gga7ah7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7ah777 as of the date of enactment of this paragraph2 7ii7 identified by the ,united ,states ,trade ,representative in the most recent report required by section #ahb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbdb7 as a priority foreign country under subsection 7a77#b7 of that section2 or 7iii7 subject to monitoring by the ,united ,states ,trade ,representative under section #cjf of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaf74 4 #ae4 ,technical amendments 7a7 ,section #daajh7;a7 of title #df1 ,united ,states ,code1 is amended by striking section #daajd7a71 7#b71 or 7#g7 and inserting paragraph 7#a71 7#b71 or 7#g7 of section #daajd7;a74 7b7 ,section #daaji7;c7 of title #df1 ,united ,states ,code1 as amended by section #h of this ,act1 is further 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 7c7 ,section #dacje of title #df1 ,united ,states ,code1 as amended by section #ab of this ,act1 is further amended-- 7#a7 in subsection 7c71 by striking #daajd7c7 or 7#f71 or #daaje7a7 or 7#c7 of this title and inserting paragraph 7#c7 or 7#f7 of section #daajd7;a71 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#d74 #af4 ,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 ,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 7#c7 ,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 time4 7#d7 ,street dwell time ,the term street dwell time1 with respect to a piece of equipment1 means the quantity of time during which the piece of equipment is in use outside of the terminal4 7b7 ,authority to collect data 7#a7 ,in general ,each port1 marine terminal operator1 and chassis owner or provider with a fleet of over #ej 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 section1 subject to subchapter ,,iii of chapter #ce of title #dd1 ,united ,states ,code4 7#b7 ,approval by ,,omb ,subject to the availability of appropriations1 not later than #fj days after the date of enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall approve an information collection for purposes of this section4 7c7 ,publication ,subject to the availability of appropriations1 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 transportation at the top #be ports1 including inland ports1 by #bj-;foot equivalent unit1 including-- 7#a7 total street dwell time1 from all causes1 of marine containers and marine container chassis2 and 7#b7 the average out of service percentage1 which shall not be identifiable with any particular port1 marine terminal operator1 or chassis provider4 7d7 ,factors ,subject to the availability of appropriations1 to the maximum extent practicable1 the ,director shall publish the statistics described in subsection 7c7 on a local1 regional1 and national basis4 7e7 ,sunset ,the authority under this section shall expire ,december #ca1 #bjbf4 #ag4 ,federal maritime commission activities 7a7 ,public submissions to commission ,the ,federal ,maritime ,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 #ah4 ,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 #fj days after the date of enactment of this ,act1 the ,federal ,maritime ,commission shall issue a request for information1 seeking public comment regarding-- 7,a7 whether congestion of the 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 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 common 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 #ah months after the date of enactment of this ,act4 7#c7 ,investigative authority unaffected ,nothing in this section shall affect the investigative authorities of the ,commission as described in subpart ,r of part #ejb of title #df1 ,code of ,federal ,regulations4 #ai4 ,best practices for chassis pools 7a7 ,in general ,not later than ,april #a1 #bjbc1 the ,federal ,maritime ,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 ,funding ,subject to appropriations1 the ,commission may expend such sums as are necessary1 but not to exceed #ejj1jjj1 to carry out this section4 #bj4 ,licensing testing 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,administrator of the ,federal ,motor ,carrier ,safety ,administration 7referred to in this section as the ,administrator7 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-#ai ,emergency and dated ,august #ca1 #bjba1 for safety concerns4 7b7 ,permanent waiver ,if the ,administrator finds no safety concerns after conducting a review under subsection 7a71 the ,administrator shall-- 7#a7 notwithstanding any other provision of law1 make the waiver permanent2 and 7#b7 not later than #ij days after completing the review under subsection 7a71 revise section #chd4bbh of title #di1 ,code of ,federal ,regulations1 to provide that the discretionary waiver authority referred to in subsection 7a7 shall be permanent4 7c7 ,report ,if the ,administrator declines to move forward with a rulemaking for revision under subsection 7b71 the ,administrator shall explain the reasons for declining to move forward with the rulemaking in a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 #ba4 ,planning 7a7 ,amendment ,section #fgjb7;g7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking ,of the amounts and inserting the following3 7#a7 ,in general ,of the amounts 2 and 7#b7 by adding at the end the following3 7#b7 ,nonapplicability of certain limitations ,subparagraphs 7,a7 and 7,b7 of subsection 7c77#b7 shall not apply with respect to amounts made available for planning1 preparation1 or design under paragraph 7#a74 4 7b7 ,emergency designation ,amounts for which outlays are affected under the amendments made by subsection 7a7 that were previously designated by the ,congress as an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe are designated by the ,congress as an emergency requirement pursuant to section #djja7;a77#a7 and section #djja7;b7 of ,s4 ,con4 ,res4 #ad 7#aagth ,congress71 the concurrent resolution on the budget for fiscal year #bjbb4 #bb4 ,review of potential discrimination against transportation of qualified hazardous materials 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 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 accommodations1 equipment1 or other instrumentalities needed to transport such materials4 ,the ,comptroller ,general shall take into account any applicable safety and pollution regulations4 7b7 ,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 section4 7c7 ,definitions ,in this section3 7#a7 ,hazardous materials ,the term hazardous materials includes dangerous goods1 as defined by the ,international ,maritime ,dangerous ,goods ,code4 7#b7 ,ocean common carrier ,the term ocean common carrier has the meaning given such term in section #djajb of title #df1 ,united ,states ,code4 7#c7 ,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 laws1 including regulations4 7#d7 ,shipper ,the term shipper has the meaning given such term in section #djajb of title #df1 ,united ,states ,code4 #bc4 ,transportation ,worker ,identification ,credentials 7a7 ,definition of direct assistance to a ,united ,states port ,in this section3 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 ,exclusions ,the term direct assistance to a ,united ,states port does not include-- 7,a7 the transportation of a mixed load of cargo that includes-- 7i7 cargo that does not originate from a ,united ,states port2 or 7ii7 a container or cargo that is not bound for a ,united ,states port2 7,b7 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 port2 or 7,c7 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 port4 7b7 ,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 providing1 within the interior of the ,united ,states1 direct assistance to a ,united ,states port4 #bd4 ,use of ,united ,states inland ports for storage and transfer of cargo containers 7a7 ,meeting ,not later than #ij days after the date of enactment of this ,act1 the ,assistant ,secretary for ,transportation ,policy1 in consultation with the ,administrator of the ,maritime ,administration and the ,chairperson of the ,federal ,maritime ,commission1 shall convene a meeting of representatives of entities described in subsection 7b7 to discuss the feasibility of1 and strategies for1 identifying ,federal and non-,federal land1 including inland ports1 for the purposes of storage and transfer of cargo containers due to port congestion4 7b7 ,description of entities ,the entities referred to in subsection 7a7 are-- 7#a7 representatives of ,united ,states major gateway ports1 inland ports1 and export terminals2 7#b7 ocean carriers2 7#c7 railroads2 7#d7 trucking companies2 7#e7 port workforce1 including organized labor2 and 7#f7 such other stakeholders as the ,secretary of ,transportation1 in consultation with the ,chairperson of the ,federal ,maritime ,commission1 determines to be appropriate4 7c7 ,report to ,congress ,as soon as practicable after the date of the meeting convened under subsection 7a71 the ,assistant ,secretary for ,transportation ,policy1 in consultation with the ,administrator of the ,maritime ,administration and the ,chairperson of the ,federal ,maritime ,commission1 shall submit to ,congress a report describing-- 7#a7 the results of the meeting2 7#b7 the feasibility of identifying land or property under the jurisdiction of ,united ,states1 or ports in the ,united ,states1 for storage and transfer of cargo containers2 and 7#c7 recommendations relating to the meeting1 if any4 7d7 ,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 ,states4 #be4 ,report on adoption of technology at ,united ,states ports ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report describing the adoption of technology at ,united ,states ports1 as compared to that adoption at foreign ports1 including-- 7#a7 the technological capabilities of ,united ,states ports1 as compared to foreign ports2 7#b7 an assessment of whether the adoption of technology at ,united ,states ports could lower the costs of cargo handling2 7#c7 an assessment of regulatory and other barriers to the adoption of technology at ,united ,states ports2 and 7#d7 an assessment of technology and the workforce4 #bf4 ,authorization of appropriations ,section #dfajh of title #df1 ,united ,states ,code1 is amended by striking #bi1jhf1hhh for fiscal year #bjbj and #bi1fci1ech for fiscal year #bjba and inserting #cb1hfi1jjj for fiscal year #bjbb1 #ch1bfj1jjj for fiscal year #bjbc1 #dc1gbj1jjj for fiscal year #bjbd1 and #di1bjj1jjj for fiscal year #bjbe4 ,passed the ,senate ,march #ca1 #bjbb4,secretary