Noncontiguous Disaster Shipping Act
- Bill Number
- H.R. 4813
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Emergency Management
- Status
- Introduced
- Latest Action
- 2025-07-30: Referred to the Subcommittee on Coast Guard and Maritime Transportation.
- Last Updated
- 2025-10-07T08:05:25Z
AI-Generated Summary
Purpose of the Legislation
The Noncontiguous Disaster Shipping Act (H.R. 4813) aims to speed up disaster relief efforts in U.S. noncontiguous areas—such as territories and distant states—by temporarily relaxing certain federal maritime rules. This allows foreign or non-U.S. vessels to transport essential cargo more quickly during major disasters or emergencies, addressing delays that can occur under strict U.S. shipping laws.
Key Provisions
- Trigger for Waivers: When the President declares a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act in a noncontiguous area, the head of the relevant federal agency (typically the U.S. Coast Guard or similar) must waive compliance with navigation or vessel-inspection laws.
- Scope of Waivers: Waivers apply only to vessels carrying cargo to or from the affected noncontiguous area for disaster relief purposes. Noncontiguous areas include Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, Hawaii, and Alaska.
- Duration and Extensions:
- Initial waivers last up to 10 days.
- Extensions of up to another 10 days are possible, but only after consulting the area's governor.
- Total time for all waivers and extensions per disaster cannot exceed 45 days.
- Congressional Notification: The agency must inform key congressional committees (Transportation and Infrastructure, Armed Services in the House; Commerce, Science, and Transportation, Armed Services in the Senate) within 48 hours of issuing a waiver or extension.
Significant Changes to Existing Law
- Amends Section 501 of Title 46, U.S. Code (which governs general waivers of navigation and vessel-inspection laws), by adding a new subsection (c) specifically for noncontiguous areas.
- Redesignates existing subsections (c) and (d) as (d) and (e) to accommodate the new provision.
- Introduces targeted, time-limited waivers for disaster scenarios in remote U.S. regions, which were not explicitly covered before, expanding beyond general waiver authority.
Potential Impacts
- On Government Agencies: Federal maritime agencies (e.g., Coast Guard under the Department of Homeland Security) gain authority to act swiftly but must coordinate with governors and report to Congress, potentially increasing administrative workload during crises.
- On Citizens: Residents in noncontiguous areas could receive faster access to relief supplies like food, medicine, and building materials, reducing hardship from disasters such as hurricanes or earthquakes.
- On International Relations: May involve foreign-flagged vessels (ships not registered in the U.S.), but waivers are limited to relief efforts, minimizing broader trade disruptions; no direct impact on foreign policy noted.
- Overall, enhances equity in disaster response for U.S. territories and states often isolated by geography.
Main Stakeholders Affected
- Residents and Governments of Noncontiguous Areas: Primary beneficiaries, including local leaders (e.g., governors) who influence extensions.
- Shipping and Maritime Industries: Vessel operators, including foreign ones, gain temporary flexibility to participate in relief without full U.S. compliance.
- Federal Agencies: U.S. Coast Guard and related bodies responsible for implementing waivers and notifications.
- Congress: Committees overseeing transportation, commerce, and defense, ensuring oversight of waiver use.
Notable Legal, Constitutional, or Political Implications
- Legal: Builds on existing disaster declaration powers under federal law (42 U.S.C. 5170, 5191), providing a clear framework to avoid legal challenges over emergency shipping. Time limits prevent indefinite waivers, balancing relief with regulatory standards.
- Constitutional: Aligns with Congress's authority over interstate and foreign commerce (Article I, Section 8), including maritime regulation; no apparent conflicts with territorial rights or due process.
- Political: Addresses disparities in disaster aid for U.S. territories and Alaska/Hawaii, potentially reducing criticisms of unequal federal support. Introduced by representatives from affected areas, it reflects bipartisan interest in resilience for vulnerable regions, though implementation depends on presidential declarations.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Del. Moylan, James C. [R-GU-At Large]
Cosponsors (4)
Rep. Case, Ed [D-HI-1], Del. King-Hinds, Kimberlyn [R-MP-At Large], Del. Radewagen, Aumua Amata Coleman [R-AS-At Large], Rep. Torres, Ritchie [D-NY-15]
Recent Actions
- 2025-07-30: Referred to the Subcommittee on Coast Guard and Maritime Transportation.
- 2025-07-30: Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
- 2025-07-29: Referred to the House Committee on Transportation and Infrastructure.
- 2025-07-29: Introduced in House
- 2025-07-29: Introduced in House
Bill Versions
- Noncontiguous Disaster Shipping Act — issued 2025-07-29 — PDF (4 pages)