No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4993 Introduced in House (IH)]
<DOC>
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line