[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4993 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4993

 To amend title 46, United States Code, to include the replacement or 
purchase of additional cargo handling equipment as an eligible purpose 
        for Capital Construction Funds, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2023

  Mr. Ezell (for himself and Mr. Carter of Louisiana) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend title 46, United States Code, to include the replacement or 
purchase of additional cargo handling equipment as an eligible purpose 
        for Capital Construction Funds, 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. DEFINITIONS OF CARGO HANDLING EQUIPMENT AND MARINE TERMINAL.

    Section 53501 of title 46, United States Code, is amended--
            (1) by redesignating--
                    (A) subsections (2) and (3), as subsections (3) and 
                (4), respectively; and
                    (B) subsections (4), (5), (6), (7), (8), and (9), 
                as subsections (6), (7), (8), (9), (10), and (11), 
                respectively;
            (2) by inserting after subsection (1), the following:
            ``(2) Cargo handling equipment.--The term `cargo handling 
        equipment' means any vehicle or land-based equipment, and the 
        associated marine terminal or port landside infrastructure, 
        used at a marine terminal to lift or move cargo--
                    ``(A) manufactured in the United States; or
                    ``(B) manufactured outside of the United States, if 
                such equipment is not produced in the United States in 
                sufficient and reasonably available quantities or of a 
                satisfactory quality as determined by the marine 
                terminal operator.''; and
            (3) by inserting after subsection (4), as redesignated by 
        paragraph (1), the following:
            ``(5) Marine terminal.--The term `marine terminal' means 
        wharves, bulkheads, quays, piers, docks and other berthing 
        locations and adjacent storage or adjacent areas and structures 
        associated with the primary movement of cargo or materials from 
        vessel to shore, or from shore to vessel, including structures 
        which are devoted to receiving, handling, holding, 
        consolidating, loading, or delivery of waterborne shipments, 
        including areas devoted to the maintenance of the terminal or 
        equipment.''.

SEC. 2. ESTABLISHING A CAPITAL CONSTRUCTION FUND.

    Section 53503 of title 46, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--
            ``(1) A citizen of the United States owning or leasing an 
        eligible vessel may make an agreement with the Secretary under 
        this chapter to establish a capital construction fund for the 
        vessel.
            ``(2) An operator of a United States marine terminal may 
        make an agreement with the Secretary under this chapter to 
        establish a capital construction fund for the marine 
        terminal.''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Allowable Purpose.--The purpose of the agreement shall be to 
provide--
            ``(1) replacement vessels, additional vessels, or 
        reconstructed vessels, built in the United States and 
        documented under the laws of the United States, for operation 
        in the foreign or domestic trade of the United States; or
            ``(2) replacement cargo handling equipment, additional 
        cargo handling equipment, or reconstructed cargo handling 
        equipment for operation at marine terminals in the United 
        States.''.

SEC. 3. DEPOSITS AND WITHDRAWALS.

    Section 53504(b) of title 46, United States Code, is amended by 
inserting ``or United States marine terminal'' after ``agreement 
vessel''.

SEC. 4. CEILING ON DEPOSITS.

    Section 53505(a) of title 46, United States Code, is amended--
            (1) in subparagraph (1) by inserting ``, or the operation 
        of a marine terminal in the United States'' after ``in the 
        fisheries of the United States'';
            (2) in subparagraph (2) by inserting ``or cargo handling 
        equipment'' after ``agreement vessels''; and
            (3) in subparagraph (3) by inserting ``or cargo handling 
        equipment'' after both instances of ``agreement vessel''.

SEC. 5. QUALIFIED WITHDRAWALS.

    Section 53509 of the title 46, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Subject to subsections (b) and (c), a withdrawal 
from a capital construction fund is a qualified withdrawal if it is 
made under the terms of the agreement and is for--
            ``(1) the acquisition, construction, or reconstruction of--
                    ``(A) a qualified vessel or a barge or container 
                that is part of the complement of a qualified vessel; 
                or
                    ``(B) cargo handling equipment; or
            ``(2) the payment of the principal on indebtedness incurred 
        in the acquisition, construction, or reconstruction of--
                    ``(A) a qualified vessel or a barge or container 
                that is part of the complement of a qualified vessel; 
                or
                    ``(B) cargo handling equipment.'';
            (2) by redesignating subsection (c) as subsection (e); and
            (3) by inserting after subsection (b) the following:
    ``(c) Fully Automated Cargo Handling Equipment.--No withdrawals may 
be made from a capital construction fund to purchase fully automated 
cargo handling equipment that is remotely operated or remotely 
monitored with or without the exercise of human intervention or 
control, if the Secretary determines such equipment would result in a 
net loss of jobs within a marine terminal.
    ``(d) Prohibition on PRC Cranes.--No withdrawals may be made from a 
capital construction fund to purchase cranes manufactured in the 
People's Republic of China.''.

SEC. 6. TREATMENT OF QUALIFIED WITHDRAWALS AND BASIS OF PROPERTY.

    Section 53510 of title 46, United States Code, is amended--
            (1) in subsection (b) by inserting ``cargo handling 
        equipment,'' after both instances of ``barge,'';
            (2) in subsection (c) by inserting ``cargo handling 
        equipment,'' after both instances of ``barge,''; and
            (3) in subsection (d) by inserting ``cargo handling 
        equipment,'' after ``barges,''.

SEC. 7. FIFO AND LIFO WITHDRAWALS.

    Section 53512 of title 46, United States Code, is amended by adding 
``cargo handling equipment,'' after ``advanced''.

SEC. 8. CARGO HANDLING EQUIPMENT AVAILABILITY.

    The Secretary shall annually publish in the Federal Register a 
request for information regarding the availability of cargo handling 
equipment manufactured in the United States and shall share the results 
of such request for information with capital construction fund holders.
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