[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5498 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 5498
To amend title 46, United States Code, to allow transportation of
merchandise in noncontiguous trade on foreign-flag vessels, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 19, 2019
Mr. Case introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on Education and Labor, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 46, United States Code, to allow transportation of
merchandise in noncontiguous trade on foreign-flag vessels, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Noncontiguous Shipping Relief Act of
2019''.
SEC. 2. TRANSPORTATION OF CERTAIN MERCHANDISE.
(a) In General.--Section 55102 of title 46, United States Code, is
amended by redesignating subsection (c) as subsection (d) and by
inserting after subsection (b) the following:
``(c) Noncontiguous Trade Exemption.--
``(1) In general.--Subsection (b) shall not apply with
respect to transportation in noncontiguous trade of merchandise
on a foreign qualified freight vessel for which the Secretary
of Transportation has issued a certificate of documentation
under chapter 121.
``(2) Definitions.--For purposes of paragraph (1):
``(A) Foreign qualified freight vessel.--The term
`foreign qualified freight vessel' means a freight
vessel (as that term is defined in section 2101) of not
less than 1,000 gross tons that--
``(i) was not built in the United States
(or if rebuilt, not rebuilt in the United
States);
``(ii) is registered in a foreign country;
and
``(iii) employs United States citizens to
the extent required of vessels registered under
section 12102.
``(B) Noncontiguous trade.--The term `noncontiguous
trade' has the meaning given to such term in section
53501.''.
(b) Coastwise Endorsements.--Section 12112(a)(2)(B) of title 46,
United States Code, is amended--
(1) in clause (ii), by striking ``or'';
(2) in clause (iii), by striking ``and'' and inserting
``or''; and
(3) by adding at the end the following:
``(iv) is a foreign qualified freight vessel (as
defined in section 55102(c)) used for transportation
referred to in section 55102(c) for which the Secretary
of Transportation has issued a certificate of
documentation.''.
(c) Foreign Transfer.--Section 56101(a)(2) of title 46, United
States Code, is amended--
(1) by striking ``Paragraph (1)(A)'' and inserting:
``(A) Paragraph (1)(A)''; and
(2) by adding at the end the following:
``(B) Paragraph (1) does not apply with respect to
a foreign qualified freight vessel (as defined in
section 55102(c)) for which the Secretary has issued a
certificate of documentation after the date of
enactment of this Act and that is used solely for
transportation referred to in section 55102(c) may be
placed under foreign registry without the approval of
the Secretary at any time after that vessel is issued a
certificate of documentation. At such time as that
vessel is placed under foreign registry, the Secretary
shall revoke the certificate of documentation issued by
the Secretary.''.
SEC. 3. CITIZENSHIP AND TRANSFER PROVISIONS.
(a) Citizenship of Corporations, Partnerships, and Associations.--
Section 50501 of title 46, United States Code, is amended by adding at
the end the following:
``(e)(1) Exceptions.--The following provisions of this section
shall not apply to a foreign qualified freight vessel used for
transportation referred to in section 55102(c)(2)(B):
``(A) Paragraphs (2) and (3) of subsection (b).
``(B) Subsection (c).
``(2) In paragraph (1) the term `foreign qualified freight
vessel' has the meaning given that term in section 55102(c).''.
(b) Approval of Transfer of Registry or Operation Under Authority
of a Foreign Country or for Scrapping in a Foreign Country;
Penalties.--Section 56101 of title 46, United States Code, is amended
by adding at the end the following:
``(f) Transfer of Foreign Vessels.--To promote the transfer of
foreign vessels to be documented under chapter 121 of this title for
use for transportation referred to in section 55102(c)(2)(B) of this
title, the Secretary may grant approval under subsection (a) with
respect to such a vessel before the date the vessel is documented.
``(g) Foreign Qualified Freight Vessel.--In subsections (f) and
(g), the term `foreign qualified freight vessel' has the meaning given
that term in section 55102(c) of this title.''.
SEC. 4. LABOR PROVISIONS.
(a) Liability for Injury or Death of Master or Crew Member.--
Section 30104 of title 46, United States Code, is amended by adding at
the end the following: ``In an action brought under this section
against a defendant employer that does not reside or maintain an office
in the United States (including any territory or possession of the
United States) and that engages in any enterprise that makes use of one
or more ports in the United States (as defined in section 2101 of this
title) jurisdiction shall be under the district court most proximate to
the place of the occurrence of the personal injury or death that is the
subject of the action.''.
(b) Election to Under Participate Longshore and Harbor Workers'
Compensation Act.--Section 30104 of title 46, United States Code, as
amended by subsection (a), is amended--
(1) by striking ``A seaman'' and inserting ``(a) In
General.-- A seaman''; and
(2) by adding at the end the following:
``(b)(1) Participation in an Authorized Compensation Plan.--The
employer of a master or member of the crew of a vessel may participate
in an authorized compensation plan under the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 901 et seq.). An employer that
participates in such a plan is subject to such Act.
``(2) If an employer participates in an authorized compensation
plan under such Act under paragraph (1)--
``(A) a master or crew member employed by that employer
shall be considered to be an employee for the purposes of that
Act; and
``(B) the liability of that employer under that Act to the
master or crew member, or to any person otherwise entitled to
recover damages from the employer based on the injury,
disability, or death of the master or crew member, shall be
exclusive and in lieu of all other liability.''.
(c) Minimum Requirements.--All vessels, whether documented in the
United States or not, operating in the coastwise trade of the United
States shall be subject to minimum international labor standards for
seafarers under international agreements in force for the United
States, as determined by the Secretary of Transportation on the advice
of the Secretaries of Labor and Defense.
SEC. 5. REGULATIONS REGARDING VESSELS.
(a) Applicable Minimum Requirements.--Except as provided in
subsection (b), the minimum requirements for vessels engaging in the
transportation of cargo or merchandise in the United States coastwise
trade shall be the recognized international standards in force for the
United States (as determined by the Secretary of the department in
which the Coast Guard is operating, in consultation with any other
official of the Federal Government that the Secretary determines to be
appropriate).
(b) Consistency in Application of Standards.--In any case in which
any minimum requirement for vessels referred to in subsection (a)
establishes a lower standard than a minimum that is applicable to
vessels that are documented in a foreign country and that are admitted
to engage in the transportation of cargo and merchandise in the United
States coastwise trade, the standard applicable to such vessels that
are documented in a foreign country shall be the standard to be applied
to United States documented vessels.
SEC. 6. ENVIRONMENTAL STANDARDS.
All vessels, whether documented under the laws of the United States
or not, engaging in the United States coastwise trade shall comply with
all applicable United States and international environmental standards
in force for the United States.
SEC. 7. REQUIREMENTS FOR CERTAIN NONCITIZENS IRREGULARLY ENGAGING IN
DOMESTIC COASTWISE TRADE.
(a) In General.--Each person or entity that is not a citizen of the
United States, as defined in section 104 of title 46, United States
Code, that owns or operates vessels that irregularly engage in the
United States domestic coastwise trade shall--
(1) name an agent upon whom process may be served;
(2) abide by all applicable laws of the United States,
including applicable environmental and tax laws; and
(3) post evidence of documentation and endorsements aboard
such vessel indicating the owner or owners of such vessel,
including any person controlling vessels and the number of port
calls and coastwise trips made during that calendar year.
(b) Persons Treated as Single Employer.--For purposes of paragraph
(3), all persons treated as a single employer under subsection (a) or
(b) of section 52 of the Internal Revenue Code of 1986 shall be treated
as 1 person.
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