I 
116TH CONGRESS 
1ST SESSION H. R. 5498 
To amend title 46, United States Code, to allow transportation of merchandise 
in noncontiguous trade on foreign-flag vessels, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 19, 2019 
Mr. CASE introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure, and in addition to the Committee 
on Education and Labor, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To amend title 46, United States Code, to allow transpor-
tation of merchandise in noncontiguous trade on foreign- 
flag vessels, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Noncontiguous Ship-
ping Relief Act of 2019’’. 
SEC. 2. TRANSPORTATION OF CERTAIN MERCHANDISE. 
(a) IN GENERAL.—Section 55102 of title 46, United 
States Code, is amended by redesignating subsection (c) 
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after the date of enactment of this Act and that 
is used solely for transportation referred to in 
section 55102(c) may be placed under foreign 
registry without the approval of the Secretary 
at any time after that vessel is issued a certifi-
cate of documentation. At such time as that 
vessel is placed under foreign registry, the Sec-
retary shall revoke the certificate of documenta-
tion issued by the Secretary.’’. 
SEC. 3. CITIZENSHIP AND TRANSFER PROVISIONS. 
(a) CITIZENSHIP OF CORPORATIONS, PARTNERSHIPS, 
AND ASSOCIATIONS.—Section 50501 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(e)(1) EXCEPTIONS.—The following provisions of 
this section shall not apply to a foreign qualified freight 
vessel used for transportation referred to in section 
55102(c)(2)(B): 
‘‘(A) Paragraphs (2) and (3) of subsection 
(b). 
‘‘(B) Subsection (c). 
‘‘(2) In paragraph (1) the term ‘foreign quali-
fied freight vessel’ has the meaning given that term 
in section 55102(c).’’. 
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(b) APPROVAL OF TRANSFER OF REGISTRY OR OP-
ERATION UNDER AUTHORITY OF A FOREIGN COUNTRY OR 
FOR SCRAPPING IN A FOREIGN COUNTRY; PENALTIES.— 
Section 56101 of title 46, United States Code, is amended 
by adding at the end the following: 
‘‘(f) TRANSFER OF FOREIGN VESSELS.—To promote 
the transfer of foreign vessels to be documented under 
chapter 121 of this title for use for transportation referred 
to in section 55102(c)(2)(B) of this title, the Secretary 
may grant approval under subsection (a) with respect to 
such a vessel before the date the vessel is documented. 
‘‘(g) FOREIGN QUALIFIED FREIGHT VESSEL.—In 
subsections (f) and (g), the term ‘foreign qualified freight 
vessel’ has the meaning given that term in section 
55102(c) of this title.’’. 
SEC. 4. LABOR PROVISIONS. 
(a) LIABILITY FOR INJURY OR DEATH OF MASTER 
OR CREW MEMBER.—Section 30104 of title 46, United 
States Code, is amended by adding at the end the fol-
lowing: ‘‘In an action brought under this section against 
a defendant employer that does not reside or maintain an 
office in the United States (including any territory or pos-
session of the United States) and that engages in any en-
terprise that makes use of one or more ports in the United 
States (as defined in section 2101 of this title) jurisdiction 
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shall be under the district court most proximate to the 
place of the occurrence of the personal injury or death that 
is the subject of the action.’’. 
(b) ELECTION TO UNDER PARTICIPATE LONGSHORE 
AND HARBOR WORKERS’ COMPENSATION ACT.—Section 
30104 of title 46, United States Code, as amended by sub-
section (a), is amended— 
(1) by striking ‘‘A seaman’’ and inserting ‘‘(a) 
IN GENERAL.— A seaman’’; and 
(2) by adding at the end the following: 
‘‘(b)(1) PARTICIPATION IN AN AUTHORIZED COM-
PENSATION PLAN.—The employer of a master or member 
of the crew of a vessel may participate in an authorized 
compensation plan under the Longshore and Harbor 
Workers’ Compensation Act (33 U.S.C. 901 et seq.). An 
employer that participates in such a plan is subject to such 
Act. 
‘‘(2) If an employer participates in an authorized 
compensation plan under such Act under paragraph (1)— 
‘‘(A) a master or crew member employed by 
that employer shall be considered to be an employee 
for the purposes of that Act; and 
‘‘(B) the liability of that employer under that 
Act to the master or crew member, or to any person 
otherwise entitled to recover damages from the em-
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ployer based on the injury, disability, or death of the 
master or crew member, shall be exclusive and in 
lieu of all other liability.’’. 
(c) MINIMUM REQUIREMENTS.—All vessels, whether 
documented in the United States or not, operating in the 
coastwise trade of the United States shall be subject to 
minimum international labor standards for seafarers 
under international agreements in force for the United 
States, as determined by the Secretary of Transportation 
on the advice of the Secretaries of Labor and Defense. 
SEC. 5. REGULATIONS REGARDING VESSELS. 
(a) APPLICABLE MINIMUM REQUIREMENTS.—Except 
as provided in subsection (b), the minimum requirements 
for vessels engaging in the transportation of cargo or mer-
chandise in the United States coastwise trade shall be the 
recognized international standards in force for the United 
States (as determined by the Secretary of the department 
in which the Coast Guard is operating, in consultation 
with any other official of the Federal Government that the 
Secretary determines to be appropriate). 
(b) CONSISTENCY
IN
APPLICATION
OF
STAND-
ARDS.—In any case in which any minimum requirement 
for vessels referred to in subsection (a) establishes a lower 
standard than a minimum that is applicable to vessels that 
are documented in a foreign country and that are admit-
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ted to engage in the transportation of cargo and merchan-
dise in the United States coastwise trade, the standard 
applicable to such vessels that are documented in a foreign 
country shall be the standard to be applied to United 
States documented vessels. 
SEC. 6. ENVIRONMENTAL STANDARDS. 
All vessels, whether documented under the laws of the 
United States or not, engaging in the United States coast-
wise trade shall comply with all applicable United States 
and international environmental standards in force for the 
United States. 
SEC. 7. REQUIREMENTS FOR CERTAIN NONCITIZENS IR-
REGULARLY ENGAGING IN DOMESTIC COAST-
WISE TRADE. 
(a) IN GENERAL.—Each person or entity that is not 
a citizen of the United States, as defined in section 104 
of title 46, United States Code, that owns or operates ves-
sels that irregularly engage in the United States domestic 
coastwise trade shall— 
(1) name an agent upon whom process may be 
served; 
(2) abide by all applicable laws of the United 
States, including applicable environmental and tax 
laws; and 
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