[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4490 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4490

  To amend the coastwise trade laws of the United States to authorize 
 certain freight vessels to transport common ground clay as bulk cargo.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 6, 1998

 Mr. Norwood introduced the following bill; which was referred to the 
  Committee on National Security, and in addition to the Committee on 
  Transportation and Infrastructure, 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 the coastwise trade laws of the United States to authorize 
 certain freight vessels to transport common ground clay as bulk cargo.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    The Congress finds the following:
            (1) United States clay companies are being unfairly 
        hindered by certain maritime laws in their ability to compete 
        against foreign producers in the United States market.
            (2) Current coastwise trade laws provide no administrative 
        authority to waive the United States-built, United States-
        owned, and United States-manned requirements of those laws for 
        limited carriage of clay materials on vessels between United 
        States ports.
            (3) Requests for such waivers require the enactment of 
        legislation by the Congress.
            (4) The review and approval of such waiver requests is a 
        ministerial function that properly should be executed by an 
        administrative agency with expertise in commerce and 
        transportation.

SEC. 2. AMENDING THE MERCHANT MARINE ACT, 1920.

    Section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883) is 
amended by inserting ``(a)'' after ``Sec. 27.'' and by adding at the 
end the following:
    ``(b)(1) This section does not apply to the transportation, as bulk 
cargo, of merchandise that is common ground clay on a freight vessel 
specifically designed for the carriage of that merchandise if the 
Secretary of the Treasury determines that a freight vessel built in and 
documented under the laws of the United States, and owned by persons 
who are citizens of the United States and crewed by less than 15 
persons of either foreign or United States citizenship, is not 
available.
    ``(2) The Secretary shall issue a determination under paragraph (1) 
within 72 hours after receiving information required to make the 
determination.
    ``(3) Any vessel transporting common ground clay pursuant to a 
determination under paragraph (1) shall be subject to the same Federal 
laws regarding maritime safety, taxes, and environmental standards as 
apply to a similar type and size freight vessel documented under the 
laws of the United States engaged in that transportation.
    ``(4) In this subsection:
            ``(A) The term `bulk cargo' has the meaning that term has 
        under section 3 of the Shipping Act of 1984 (46 U.S.C. App. 
        1702).
            ``(B) The term `freight vessel' has the meaning that term 
        has under section 2101 of title 46, United States Code.''.

SEC. 3. AMENDING TITLE 46, UNITED STATES CODE.

    Section 12106 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(f)(1) A vessel shall be issued a certificate of documentation 
with a coastwise endorsement under this subsection if the vessel--
            ``(A) is eligible for documentation, is of at least 5,000 
        net tons, and is designed for the transportation of common 
        ground clay;
            ``(B) is a freight vessel that was not built in the United 
        States; and
            ``(C) otherwise qualifies under laws of the United States 
        to be employed in coastwise trade authorized under the 
        endorsement.
    ``(2) An endorsement under this subsection shall restrict use of 
the vessel in coastwise trade to carriage, as bulk cargo (as that term 
is defined in section 3 of the Shipping Act of 1984), of common ground 
clay.''.
                                 <all>