Sec. 3522. Study on the movement of critical cargo through marine terminals and ports
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Not later than one year after the date of the enactment of this section, the Secretary of Transportation, in coordination with the Secretary of Defense and in consultation with the head of each relevant Federal agency, shall conduct a study on the movement of critical cargo through marine terminals and ports, including an examination of— efforts to expedite the movement of critical cargo through ports and marine terminals; and methodologies, practices, and processes for— moving such cargo during an event for which an emergency is declared by the President or a Federal agency; identifying critical cargo and expediting the movement of such cargo through the marine terminals and ports; expediting the movement of critical cargo across all modes of transportation after leaving marine terminals and ports; improving the readiness of the Armed Forces through the expedited movement of critical cargo; and mitigating the impact on the movement of other cargo that is not critical.
The Secretary of Transportation shall issue a request for information in the Federal Register seeking public comment on the matters to be considered in the study under subsection (a). In carrying out the study under subsection (a), the Secretary may establish one or more voluntary pilot programs to test the effectiveness of any methodology, practice, or process for expediting the movement of critical cargo through ports and marine terminals. In carrying out any pilot program under paragraph (1), the Secretary— may not purchase any fully automated cargo handling equipment that is remotely operated or remotely monitored, with or without human intervention or control; and shall ensure any such pilot program does not result in a net loss of jobs within a marine terminal or port.
Not later than two years after the date of the enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report containing— the findings of the study conducted under subsection (a); and recommendations with respect to the methodologies, practices, and processes examined in such study, including recommendations for using data from commercial and governmental data tracking initiatives to— determine when cargo is critical and needs to be expedited; identify such cargo at port and marine terminals; and expedite the movement and distribution of such cargo to end users.
Nothing in this section shall be construed to interfere with or supersede any agreement regarding port labor. In this section: The term appropriate committees of Congress means— the Committees on Armed Services of the Senate and the House of Representatives; the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives. The term relevant Federal agency means— the Department of Health and Human Services; and any other Federal agency determined relevant by the Secretary of Transportation.