,i #aafth ,,congress #ast ,session ,h4 ,r4 #edih ,,in ,,the ,,house ,,of ,,representatives ,december #ai1 #bjai,mr4 ,case introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,education and ,labor1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title #df1 ,united ,states ,code1 to allow transportation of merchandise in noncontiguous trade on foreign-flag vessels1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,noncontiguous ,shipping ,relief ,act of #bjai4 #b4 ,transportation of certain merchandise 7a7 ,in general ,section #eeajb of title #df1 ,united ,states ,code1 is amended by redesignating subsection 7c7 as subsection 7d7 and by inserting after subsection 7b7 the following3 7c7 ,noncontiguous trade exemption 7#a7 ,in general ,subsection 7b7 shall not apply with respect to transportation in noncontiguous trade of merchandise on a foreign qualified freight vessel for which the ,secretary of ,transportation has issued a certificate of documentation under chapter #aba4 7#b7 ,definitions ,for purposes of paragraph 7#a73 7,a7 ,foreign qualified freight vessel ,the term foreign qualified freight vessel means a freight vessel 7as that term is defined in section #baja7 of not less than #a1jjj gross tons that-- 7i7 was not built in the ,united ,states 7or if rebuilt1 not rebuilt in the ,united ,states72 7ii7 is registered in a foreign country2 and 7iii7 employs ,united ,states citizens to the extent required of vessels registered under section #abajb4 7,b7 ,noncontiguous trade ,the term noncontiguous trade has the meaning given to such term in section #eceja4 4 7b7 ,coastwise endorsements ,section #abaab7;a77#b77;,b7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in clause 7ii71 by striking or2 7#b7 in clause 7iii71 by striking and and inserting or2 and 7#c7 by adding at the end the following3 7iv7 is a foreign qualified freight vessel 7as defined in section #eeajb7;c77 used for transportation referred to in section #eeajb7;c7 for which the ,secretary of ,transportation has issued a certificate of documentation4 4 7c7 ,foreign transfer ,section #efaja7;a77#b7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking ,paragraph 7#a77;,a7 and inserting3 7,a7 ,paragraph 7#a77;,a7 2 and 7#b7 by adding at the end the following3 7,b7 ,paragraph 7#a7 does not apply with respect to a foreign qualified freight vessel 7as defined in section #eeajb7;c77 for which the ,secretary has issued a certificate of documentation after the date of enactment of this ,act and that is used solely for transportation referred to in section #eeajb7;c7 may be placed under foreign registry without the approval of the ,secretary at any time after that vessel is issued a certificate of documentation4 ,at such time as that vessel is placed under foreign registry1 the ,secretary shall revoke the certificate of documentation issued by the ,secretary4 4 #c4 ,citizenship and transfer provisions 7a7 ,citizenship of corporations1 partnerships1 and associations ,section #ejeja of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 7#a7 ,exceptions ,the following provisions of this section shall not apply to a foreign qualified freight vessel used for transportation referred to in section #eeajb7;c77#b77;,b73 7,a7 ,paragraphs 7#b7 and 7#c7 of subsection 7b74 7,b7 ,subsection 7c74 7#b7 ,in paragraph 7#a7 the term foreign qualified freight vessel has the meaning given that term in section #eeajb7;c74 4 7b7 ,approval of transfer of registry or operation under authority of a foreign country or for scrapping in a foreign country2 penalties ,section #efaja of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,transfer of foreign vessels ,to promote the transfer of foreign vessels to be documented under chapter #aba of this title for use for transportation referred to in section #eeajb7;c77#b77;,b7 of this title1 the ,secretary may grant approval under subsection 7a7 with respect to such a vessel before the date the vessel is documented4 7g7 ,foreign qualified freight vessel ,in subsections 7f7 and 7g71 the term foreign qualified freight vessel has the meaning given that term in section #eeajb7;c7 of this title4 4 #d4 ,labor provisions 7a7 ,liability for injury or death of master or crew member ,section #cjajd of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 ,in an action brought under this section against a defendant employer that does not reside or maintain an office in the ,united ,states 7including any territory or possession of the ,united ,states7 and that engages in any enterprise that makes use of one or more ports in the ,united ,states 7as defined in section #baja of this title7 jurisdiction 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 action44 7b7 ,election to under participate ,longshore and ,harbor ,workers' ,compensation ,act ,section #cjajd of title #df1 ,united ,states ,code1 as amended by subsection 7a71 is amended-- 7#a7 by striking ,a seaman and inserting 7a7 ,in general4-- ,a seaman2 and 7#b7 by adding at the end the following3 7b7 7#a7 ,participation in an authorized compensation 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 7#cc ,u4,s4,c4 #ija et seq474 ,an employer that participates in such a plan is subject to such ,act4 7#b7 ,if an employer participates in an authorized compensation plan under such ,act under paragraph 7#a7-- 7,a7 a master or crew member employed by that employer shall be considered to be an employee for the purposes of that ,act2 and 7,b7 the liability of that employer under that ,act to the master or crew member1 or to any person otherwise entitled to recover damages from the employer based on the injury1 disability1 or death of the master or crew member1 shall be exclusive and in lieu of all other liability4 4 7c7 ,minimum requirements ,all vessels1 whether documented in the ,united ,states or not1 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 ,states1 as determined by the ,secretary of ,transportation on the advice of the ,secretaries of ,labor and ,defense4 #e4 ,regulations regarding vessels 7a7 ,applicable minimum requirements ,except as provided in subsection 7b71 the minimum requirements for vessels engaging in the transportation of cargo or merchandise in the ,united ,states coastwise trade shall be the recognized international standards in force for the ,united ,states 7as determined by the ,secretary of the department in which the ,coast ,guard is operating1 in consultation with any other official of the ,federal ,government that the ,secretary determines to be appropriate74 7b7 ,consistency in application of standards ,in any case in which any minimum requirement for vessels referred to in subsection 7a7 establishes a lower standard than a minimum that is applicable to vessels that are documented in a foreign country and that are admitted to engage in the transportation of cargo and merchandise in the ,united ,states coastwise trade1 the standard applicable to such vessels that are documented in a foreign country shall be the standard to be applied to ,united ,states documented vessels4 #f4 ,environmental standards ,all vessels1 whether documented under the laws of the ,united ,states or not1 engaging in the ,united ,states coastwise trade shall comply with all applicable ,united ,states and international environmental standards in force for the ,united ,states4 #g4 ,requirements for certain noncitizens irregularly engaging in domestic coastwise trade 7a7 ,in general ,each person or entity that is not a citizen of the ,united ,states1 as defined in section #ajd of title #df1 ,united ,states ,code1 that owns or operates vessels that irregularly engage in the ,united ,states domestic coastwise trade shall-- 7#a7 name an agent upon whom process may be served2 7#b7 abide by all applicable laws of the ,united ,states1 including applicable environmental and tax laws2 and 7#c7 post evidence of documentation and endorsements aboard such vessel indicating the owner or owners of such vessel1 including any person controlling vessels and the number of port calls and coastwise trips made during that calendar year4 7b7 ,persons treated as single employer ,for purposes of paragraph 7#c71 all persons treated as a single employer under subsection 7a7 or 7b7 of section #eb of the ,internal ,revenue ,code of #aihf shall be treated as #a person4