HR4813-119

1. Short title This Act may be cited as the Noncontiguous Disaster Shipping Act.

2. Waiver in a noncontiguous area Section 501 of title 46, United States Code, is amended— by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and by inserting after subsection (b) the following new subsection: Upon a declaration by the President pursuant to section 401 or 501 the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170; 5191) that a major disaster or emergency exists in a noncontiguous area of the United States, the head of an agency responsible for the administration of the navigation or vessel-inspection laws shall waive compliance with such laws for a vessel transporting cargo to or from the noncontiguous area affected by such major disaster or emergency for the purpose of disaster relief. Subject to subparagraphs (B) and (C), a waiver issued under this subsection shall be for a period of not more than 10 days. Upon the termination of a waiver issued under this subsection, the head of the agency referred to in paragraph (1), in consultation with the Governor of the noncontiguous area affected by such major disaster or emergency, may extend the waiver for an additional period of not more than 10 days. The aggregate duration of the period of all waivers and extensions of waivers under this subsection with respect to any one major disaster or emergency shall not exceed 45 days. The head of the agency referred to in paragraph (1) shall notify the Committee on Transportation and Infrastructure, the Committee on Armed Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate of the issuance of any waiver of the navigation or vessel-inspection laws under this subsection not later than 48 hours after such issuance. For the purposes of this paragraph, an extension issued under paragraph (2)(B) shall be treated in the same manner as a waiver issued under this subsection. For the purposes of this subsection, the term noncontiguous area of the United States means Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, Hawaii, and Alaska. (c)In a Noncontiguous Area(1)In generalUpon a declaration by the President pursuant to section 401 or 501 the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170; 5191) that a major disaster or emergency exists in a noncontiguous area of the United States, the head of an agency responsible for the administration of the navigation or vessel-inspection laws shall waive compliance with such laws for a vessel transporting cargo to or from the noncontiguous area affected by such major disaster or emergency for the purpose of disaster relief.(2)Duration of waiver(A)In generalSubject to subparagraphs (B) and (C), a waiver issued under this subsection shall be for a period of not more than 10 days.(B)Waiver extensionUpon the termination of a waiver issued under this subsection, the head of the agency referred to in paragraph (1), in consultation with the Governor of the noncontiguous area affected by such major disaster or emergency, may extend the waiver for an additional period of not more than 10 days.(C)Aggregate durationThe aggregate duration of the period of all waivers and extensions of waivers under this subsection with respect to any one major disaster or emergency shall not exceed 45 days.(3)Notice to congress(A)In generalThe head of the agency referred to in paragraph (1) shall notify the Committee on Transportation and Infrastructure, the Committee on Armed Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate of the issuance of any waiver of the navigation or vessel-inspection laws under this subsection not later than 48 hours after such issuance.(B)Notification required for extensionsFor the purposes of this paragraph, an extension issued under paragraph (2)(B) shall be treated in the same manner as a waiver issued under this subsection.(4)Noncontiguous area of the United States definedFor the purposes of this subsection, the term noncontiguous area of the United States means Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, Hawaii, and Alaska..