I
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 Com-
mittee on National Security, and in addition to the Committee on Trans-
portation 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds the following:
(1) United States clay companies are being un-
fairly 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 ad-
ministrative authority to waive the United States-
built, United States-owned, and United States-
manned requirements of those laws for limited car-
riage of clay materials on vessels between United
States ports.
(3) Requests for such waivers require the enact-
ment of legislation by the Congress.
(4) The review and approval of such waiver re-
quests is a ministerial function that properly should
be executed by an administrative agency with exper-
tise 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 transpor-
tation, 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 doc-
umented 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 safe-
ty, taxes, and environmental standards as apply to a simi-
lar 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 docu-
mentation with a coastwise endorsement under this sub-
section if the vessel—
‘‘(A) is eligible for documentation, is of at least
5,000 net tons, and is designed for the transpor-
tation 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 au-
thorized under the endorsement.
‘‘(2) An endorsement under this subsection shall re-
strict 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.’’.
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