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106TH CONGRESS

1ST SESSION S. 1032

To permit ships built in foreign countries to engage in coastwise trade

in the transport of certain products.

IN THE SENATE OF THE UNITED STATES

MAY 13, 1999

Mr. BROWNBACK (for himself, Mr. HELMS, Mr. BURNS, Mr. ROBERTS, Mr.

FITZGERALD, and Mr. LUGAR) introduced the following bill; which was

read twice and referred to the Committee on Commerce, Science, and

Transportation

A BILL

To permit ships built in foreign countries to engage in

coastwise trade in the transport of certain products.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Freedom To Transport

5 Act of 1999’’.

6 SEC. 2. DEFINITIONS.

7 In this Act:
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1 (1) FREIGHT VESSEL.—The term ‘‘freight ves2 sel’’ has the meaning given that term in section

3 2101(13) of title 46, United States Code.

4 (2) SECRETARY.—The term ‘‘Secretary’’ means

5 the Secretary of Transportation.

6 SEC. 3. TRANSPORTATION OF CERTAIN MERCHANDISE.

7 (a) IN GENERAL.—Section 27 of the Merchant Ma8 rine Act, 1929 (46 U.S.C. App. 883) is amended by strik9 ing the period at the end and inserting the following:

10 ‘‘: Provided further, That this section shall not apply with

11 respect to the transportation of merchandise that is a for12 est product, within the meaning of the term ‘forest prod13 ucts’ in section 3(11) of the Shipping Act of 1984 (46

14 U.S.C. App. 1702(11)), bulk cargo, as that term is defined

15 in section 3(4) of the Shipping Act of 1984 (46 U.S.C.

16 App. 1702(4)), including agricultural products, as that

17 term is defined in section 101(1) of the Agricultural Trade

18 Act of 1978 (7 U.S.C. 5602(1)), that are carried in bulk,

19 or livestock, as that term is defined in section 2(4) of the

20 Packers and Stockyards Act, 1921 (7 U.S.C. 182(4)), and

21 that is transported in a freight vessel (as that term is de22 fined in section 2101(13) of title 46, United States Code)

23 of not less than 1,000 gross tons that was not built in

24 the United States (or if rebuilt, not rebuilt in the United
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1 States) for which the Secretary of Transportation has

2 issued a certificate of documentation.’’.

3 (b) COASTWISE ENDORSEMENTS.—12106(b) of title

4 46, United States Code, is amended—

5 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

6 (2) by inserting ‘‘to paragraph (2) and’’ after

7 ‘‘Subject’’; and

8 (3) by adding at the end the following:

9 ‘‘(2) Paragraph (1) shall not apply with respect to

10 a vessel used for the transportation of merchandise that

11 is a forest product, within the meaning of the term ‘forest

12 products’ in section 3(11) of the Shipping Act of 1984

13 (46 U.S.C. App. 1702(11)), bulk cargo, as that term is

14 defined in section 3(4) of the Shipping Act of 1984 (46

15 U.S.C. App. 1702(4)), including agricultural products, as

16 that term is defined in section 101(1) of the Agricultural

17 Trade Act of 1978 (7 U.S.C. 5602(1)), that are carried

18 in bulk, or livestock, as that term is defined in section

19 2(4) of the Packers and Stockyards Act, 1921 (7 U.S.C.

20 182(4)), and that is a freight vessel of not less than 1,000

21 gross tons that was not built in the United States (or if

22 rebuilt, not rebuilt in the United States) and with respect

23 to which the Secretary of Transportation has issued a cer24 tificate of documentation.’’.

25 (c) FOREIGN TRANSFER.—
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1 (1) IN GENERAL.—Notwithstanding section 9(c)

2 of the Shipping Act, 1916 (46 U.S.C. App. 808), a

3 freight vessel described in the last proviso of section

4 27 of the Merchant Marine Act, 1920 (46 U.S.C.

5 App. 883), as added by subsection (b) of this sec6 tion, for which the Secretary has issued a certificate

7 of documentation after the date of enactment of this

8 Act and that is used for a purpose specified in that

9 proviso may be placed under foreign registry without

10 the approval of the Secretary at any time after that

11 vessel is issued a certificate of documentation.

12 (2) REVOCATION OF CERTIFICATE OF DOCU13 MENTATION.—At such time as vessel is placed under

14 foreign registry under paragraph (1), the Secretary

15 shall revoke the certificate of documentation issued

16 by the Secretary for that vessel.

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