[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7081 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7081
To establish a process for waiver of coastwise endorsement
requirements.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2024
Mr. Cline introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To establish a process for waiver of coastwise endorsement
requirements.
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 ``Protecting Access to American
Products Act''.
SEC. 2. WAIVER OF COASTWISE ENDORSEMENT REQUIREMENTS.
Section 12112 of title 46, United States Code, is amended by adding
at the end the following:
``(c) Waivers In Cases of Product Carrier Scarcity or
Unavailability.--
``(1) In general.--The head of an agency shall, upon
request, temporarily waive the requirements of subsection (a),
including the requirement to satisfy section 12103, if the
person requesting that waiver reasonably demonstrates to the
head of an agency that--
``(A) there is no product carrier, with respect to
a specified good, that meets such requirements and is
available to carry such good; and
``(B) the person made a good faith effort to locate
a product carrier described in subparagraph (A).
``(2) Duration.--Any waiver issued under paragraph (1)
shall be limited in duration, and shall expire by a specified
date that is not less than 30 days after the date on which the
waiver is issued.
``(3) Extension.--Upon request, if the circumstances under
which a waiver was issued under paragraph (1) have not
substantially changed, the head of an agency shall, without
delay, grant one or more extensions to a waiver issued under
paragraph (1), for periods of not less than 15 days each.
``(4) Deadline for waiver response.--
``(A) Response deadline.--Not later than 60 days
after receiving a request for a waiver under paragraph
(1), the head of an agency shall approve or deny such
request.
``(B) Findings in support of denied waiver.--If the
head of an agency denies such a request, the head of an
agency shall, not later than 14 days after denying the
request, submit to the requester a report that includes
the findings that served as the basis for denying the
request.
``(C) Request deemed granted.--If the head of an
agency has neither granted nor denied the request
before the response deadline described in subparagraph
(A), the request shall be deemed granted on the date
that is 61 days after the date on which the head of an
agency received the request. A waiver that is deemed
granted under this subparagraph shall be valid for a
period of 30 days.
``(5) Notice to congress.--
``(A) In general.--The head of an agency shall
notify Congress--
``(i) of any request for a temporary waiver
under this subsection, not later than 48 hours
after receiving such request; and
``(ii) of the issuance of any such waiver,
not later than 48 hours after such issuance.
``(B) Contents.--The head of an agency shall
include in each notification under subparagraph (A)(ii)
a detailed explanation of the reasons the waiver is
necessary.
``(6) Definitions.--In this subsection:
``(A) Product carrier.--The term `product carrier',
with respect to a good, means a vessel constructed or
adapted primarily to carry such good in bulk in the
cargo spaces.
``(B) Head of an agency.--The term `head of an
agency' means the head of an agency responsible for the
administration of the navigation or vessel inspection
laws, or an individual of such an agency delegated such
responsibility.''.
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