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SHIPS for America Act of 2025
Introduced May 1, 2025 · Last action May 1, 2025 — Referred to the Subcommittee on Coast Guard and Maritime Transportation.
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Summary
This legislation is called the SHIPS for America Act of 2025. Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3151 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3151
To support the national defense and economic security of the United
States by supporting vessels, ports, and shipyards of the United States
and the U.S. maritime workforce.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 1, 2025
Mr. Kelly of Mississippi (for himself, Mr. Garamendi, Mr. Wittman, Mr.
Norcross, Mr. Higgins of Louisiana, Mr. Khanna, Ms. Elfreth, Mr.
DesJarlais, Mr. McCormick, Mr. Krishnamoorthi, Mr. Rutherford, Mr.
Gooden, Mr. LaLota, Ms. Pingree, Ms. Hoyle of Oregon, Mr. Messmer, Mr.
Haridopolos, Mrs. Kiggans of Virginia, Mr. Fields, Mr. Carter of
Louisiana, Mr. Deluzio, Mr. Moskowitz, Mr. Bera, Ms. Scanlon, Mr.
Harrigan, Mr. Golden of Maine, Mr. Bergman, Mr. Fallon, Mr. Van Orden,
Mr. Wied, Ms. Tokuda, Mr. Moore of Alabama, Mr. Fitzpatrick, Ms.
Scholten, Mr. Moore of North Carolina, Mr. Strong, Mr. Luttrell, and
Mr. Zinke) introduced the following bill; which was referred to the
Committee on Armed Services, and in addition to the Committees on
Transportation and Infrastructure, Ways and Means, Energy and Commerce,
Foreign Affairs, Oversight and Government Reform, Education and
Workforce, Financial Services, the Judiciary, Natural Resources,
Science, Space, and Technology, and Veterans' Affairs, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To support the national defense and economic security of the United
States by supporting vessels, ports, and shipyards of the United States
and the U.S. maritime workforce.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Shipbuilding and
Harbor Infrastructure for Prosperity and Security for America Act of
2025'' or the ``SHIPS for America Act of 2025''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
Sec. 4. Definitions.
TITLE I--OVERSIGHT AND ACCOUNTABILITY
Sec. 101. Maritime Security Advisor; Maritime Security Board.
Sec. 102. Maritime Transportation System National Advisory Committee.
Sec. 103. Direct hire authority; Authorization for administrative
expenses.
Sec. 104. Implementation plan.
Sec. 105. Federal Maritime Commission report on vessels of the United
States.
TITLE II--MARITIME SECURITY TRUST FUND
Sec. 201. Maritime Security Trust Fund established.
Sec. 202. Regular tonnage taxes.
Sec. 203. Presidential suspension of tonnage taxes and light money.
TITLE III--SEALIFT CAPABILITY
Sec. 301. Sealift capability.
Sec. 302. National Freight Strategic Plan.
Sec. 303. Foreign shipping practices; controlled carriers.
TITLE IV--VESSELS OF THE UNITED STATES IN INTERNATIONAL COMMERCE
Subtitle A--Strategic Sealift Programs
Sec. 401. Strategic Commercial Fleet.
Sec. 402. Fleet testing and briefing requirement.
Sec. 403. Assessment of undersea cable repair contingencies.
Sec. 404. Modification to duties relating to equipment and repair of
vessels.
Subtitle B--Cargo Preference
Sec. 411. United States Government cargo.
Sec. 412. Cargo preference implementation regulations.
Sec. 413. Cargo preference oversight and audit.
Sec. 414. Financing the transportation of agricultural products and
other cargo.
Sec. 415. Importation from China on American ships.
Sec. 416. Priority for vessels of the United States.
Sec. 417. Moving cargo on vessels of the United States.
Sec. 418. Transportation requirements for certain exports sponsored by
the Secretary of Agriculture.
Sec. 419. Clarifying amendments.
Sec. 420. Energizing American shipbuilding.
Sec. 421. Goods imported on vessels of the United States.
Sec. 422. Ship America Office.
Subtitle C--Regulatory Reform
Sec. 431. Alternate standards.
Sec. 432. Rulemaking committee on commercial maritime regulations and
standards.
Sec. 433. Amendments to Shipowners' Limitation of Liability Act of
1851.
TITLE V--SHIPBUILDING
Subtitle A--Shipbuilding Financial Incentives
Sec. 501. Shipbuilding financial incentives.
Sec. 502. Assistance for small shipyards.
Sec. 503. Federal Ship Financing (title XI) Program.
Sec. 504. Construction Reserve Fund.
Sec. 505. Capital Construction Fund.
Sec. 506. Anticipated commercial vessel construction survey.
Sec. 507. Streamlined environmental review.
Sec. 508. Eligibility for loan guarantees.
Sec. 509. Reports.
Sec. 510. Export control report.
Subtitle B--Department of Defense Programs
Sec. 511. Assessment of the use of commercial best practices for Navy
shipbuilding.
Sec. 512. Plan of action for use of Defense Production Act of 1950
authorities.
Sec. 513. Military Sealift Command.
Subtitle C--Shipbuilding Innovation and Infrastructure
Sec. 521. United States Center for Maritime Innovation.
Sec. 522. National Shipbuilding Research Program.
Sec. 523. Assessment on maritime infrastructure readiness.
TITLE VI--WORKFORCE DEVELOPMENT
Subtitle A--Workforce Incentives
Sec. 601. Public service loan forgiveness for Merchant Marines.
Sec. 602. Eligibility for educational assistance.
Sec. 603. Eligibility of mariners to attend Naval Postgraduate School.
Sec. 604. Reimbursement of qualifying spouse relicensing costs and
business costs.
Sec. 605. Noncompetitive eligibility for Federal employment.
Sec. 606. United States Merchant Marine Career Retention Program.
Subtitle B--Workforce Pipeline
Sec. 611. Maritime workforce promotion and recruitment.
Sec. 612. Centers of Excellence for Domestic Maritime Workforce
Training and Education.
Sec. 613. Maritime Career and Technical Education Advisory Committee.
Sec. 614. Military candidates to Mariner Careers Recruitment Exchange.
Sec. 615. Maritime worker data collection.
Sec. 616. Military to maritime transition.
Sec. 617. Early maritime education and youth involvement.
Sec. 618. International scholarship for mariner and naval architecture
exchanges.
Subtitle C--United States Merchant Marine Academy and State Maritime
Academies
Sec. 621. Authorization of appropriations for United States Merchant
Marine Academy infrastructure and
facilities modernization.
Sec. 622. United States Merchant Marine Academy.
Sec. 623. Retirement service credit for service as a midshipman at the
United States Merchant Marine Academy.
Sec. 624. State maritime academies.
Sec. 625. Enforcement of service obligation requirements.
Sec. 626. Fuel funding for training ships operated by State maritime
academies.
Sec. 627. State Maritime Academy Sea Term Scholarship Programs.
Sec. 628. Naval joint exercise involvement for training ships operated
by State maritime academies.
Subtitle D--Maritime Credentialing Modernization
Sec. 631. Merchant mariner credentialing modernization.
Sec. 632. Revising merchant mariner deck training requirements.
Sec. 633. Inspections for transportation security.
Sec. 634. Renewal of merchant mariner licenses and documents.
Sec. 635. Merchant seamen licenses, certificates, and documents;
manning of vessels.
Sec. 636. Reactivation of expired license.
TITLE VII--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986
Sec. 701. United States Vessel Investment credit.
Sec. 702. Certain payments for maritime security excluded from gross
income.
Sec. 703. Elimination of 30-day limitation on domestic operations.
Sec. 704. Qualifying shipping activities.
Sec. 705. Qualifying vessel.
Sec. 706. Credit for construction of shipyard facilities.
Sec. 707. Tax incentives relating to merchant marine capital
construction funds.
Sec. 708. Exemption of student incentive payment agreements from gross
income.
Sec. 709. Maritime fuel tax parity.
Sec. 710. Treatment of maritime prosperity zones as opportunity zones.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Strategic sealift, made up of Government and commercial
vessels and mariners, is a critical capability for executing
the maritime defense strategy and the wartime and peacetime
economy of the United States.
(2) Ensuring a modern and ready capability will require
significant investment, policy prioritization, and the
innovation of the people of the United States.
(3) The worldwide ocean economy is worth between
$3,000,000,000,000 and $6,000,000,000,000, according to the
United Nations Conference on Trade and Development. Yet,
vessels of the United States carry less than 2 percent of
United States international commercial cargoes by weight.
(4) The United States has fewer than 200 oceangoing vessels
of the United States, of which only approximately 80 vessels
participate in international commerce, compared with more than
5,500 Chinese documented vessels.
(5) Bracketed by the Atlantic, Pacific, and Arctic oceans,
the prosperity and security of the United States has always
been tied to its position as a maritime Nation. Throughout
human history, the strength of maritime nations has been
directly tied to the strength of their maritime industry. The
United States won two world wars on the back of a strong
maritime industry.
(6) Decades of apathy by the United States Government has
harmed our strategically important maritime industry. Our
weakened shipbuilding capacity, undersized maritime workforce,
and shrinking fleet of shipping vessels means the United States
relies on other nations to conduct international commerce and
lacks the strategic sealift to support the United States
military during wartime.
(7) Today, there are just 20 shipbuilders in the United
States capable of building oceangoing vessels--down from more
than 80 at the end of the Second World War.
(8) During World War II, the United States Merchant Marine
powered the Allies to victory with more than 10,000 oceangoing
vessels of the United States. Today there are just 80 vessels
of the United States engaged in international trade.
(9) The People's Republic of China has made investments in
the maritime industry a strategic priority over the past 20
years.
(10) As of 2023, shipyards in the United States had fewer
than 5 shipbuilding orders for oceangoing vessels, while
shipyards in the People's Republic of China had more than 1,700
orders, according to BRS Group. According to the Office of
Naval Intelligence, the People's Republic of China became the
world's top shipbuilding and shipping nation, boasting 230
times more shipbuilding capacity than the United States.
(11) With just 12,000 United States merchant mariners
operating oceangoing vessels, the United States may not have a
sufficient number of mariners to fully power the strategic
sealift vessels necessary in a future prolonged conflict.
(12) The American Civil Society of Engineers assesses that
the United States has a national maintenance backlog amounting
to $125,000,000,000 for bridges, $163,000,000,000 for ports,
and $6,800,000,000 for inland waterways.
(13) The maritime industry is inherently international.
Eighty percent of United States goods are imported by sea, of
which 98 percent come into the United States on foreign
documented vessels. Only 2 percent of such goods come into the
United States on vessels of the United States, leaving the
United States economy disproportionately dependent on
oceangoing trade controlled by often adversarial foreign
nations. The Nation's ability to provide services in both
international and interstate commerce is critical to national
and economic defense.
(14) Since November 2023, vessels engaged in international
commerce have been threatened by the Houthis, which has
threatened global supply chains, increased costs, and required
naval force protection operations in the Red Sea through the
United States-led Operation Prosperity Guardian that formed in
December 2023.
(15) A fleet of commercial shipping vessels of the United
States, crewed with citizen mariners, that is competitive in
domestic and international trade enhances the United States
military's readiness, allows the United States to more
strategically compete with China, and underwrites the security
and survival of the United States in times of crisis and war.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the United States must--
(1) create a more favorable domestic and global maritime
environment for vessels of the United States engaged in
international commerce, shipbuilding, ship repair, maritime
logistics, the maritime workforce, and naval power,
contributing to assured access to the world's oceans free from
coercion from strategic competitors and asymmetric adversaries;
(2) increase domestic shipbuilding and ship repair
capacity, with programs and policies that enable the growth of
United States shipyards and the maritime industrial base,
enhance military sealift capacity, expand the United States
maritime workforce, and enhance national security;
(3) revitalize the international fleet of vessels of the
United States and foster a comparative advantage for the United
States through targeted incentives and regulatory reforms to
make the fleet competitive with international carriers and to
gain a sustainable share of the global maritime market in order
to bolster supply chains, strengthen economic security, and
lower prices, while protecting the United States economy from
economic coercion;
(4) take all measures necessary to ensure that sufficient
military, civil, and commercial resources will be available
with assured access to meet defense deployment needs and
essential economic activities for our Nation in times of
crisis, war, or peace;
(5) recognize that a vibrant commercial shipbuilding
industry provides supply chain resiliencies and creates
economies of scale that improve military, Coast Guard, and
Government shipbuilding and support military operations through
strategic sealift to defend the freedom of the seas;
(6) nurture the comparative advantages of the United States
to innovate to better compete in the global maritime
marketplace, grow the maritime workforce, and create a
favorable environment for investments to build modern maritime
facilities and world-class academic institutions;
(7) ensure better coordination between Federal agencies,
including the Maritime Administration, the United States Coast
Guard, the Department of Defense, the Federal Maritime
Commission, and all other Federal agencies with a maritime
nexus, to protect, regulate, and support the United States
maritime industry, resolve disputes, and implement a whole-of-
Government national maritime strategy;
(8) recognize that, while a strong Navy is the surest
guarantee of peace, building the Navy, sustaining the Navy, and
supplying the Navy is founded on a robust commercial industrial
base;
(9) establish reliable long-term demand signals for, and
investments in, oceangoing commercial vessels that are built in
the United States, documented under the laws of the United
States, and crewed by United States mariners;
(10) evaluate past and present maritime efforts to take
actions to revitalize the United States maritime industry;
(11) strengthen the United States intercoastal and domestic
trade fleet, which is the foundation upon which a revitalized
United States-documented shipping and domestic shipbuilding
industry will be built;
(12) recognize the important role that the support craft,
passenger, and fishing vessel fleet play in the United States
maritime industry;
(13) encourage the shipping of commercial cargo on vessels
of the United States, with the aim of growing the size and
carrying capacity of the international fleet of vessels of the
United States;
(14) grow the shipping capacity of vessels of the United
States and guarantee United States Government cargo during
peacetime;
(15) develop a whole-of-Government effort to expand,
develop, and protect the maritime workforce;
(16) recognize the need for more workers in the maritime
sector and stimulate growth in the United States maritime and
shipbuilding industries, including by increasing access to
early maritime education, commissioning national marketing
campaigns to demonstrate how United States shipbuilding, United
States-documented shipping, and maritime workers are critical
to national security, and implementing workforce accelerator
programs;
(17) remove barriers to training mariners, including
reevaluating Coast Guard training requirements regarding
faculty credentials, instructional facility designs, sea time
requirements, and other identified barriers, consistent with
international treaty obligations;
(18) expand and nurture a robust mariner workforce that
enhances the national security and strategic sealift readiness
of the United States by increasing the number of United States
mariners and improving existing pathways and establishing new
pathways for new, current, and former merchant mariners to go
to sea;
(19) recognize that the United States Merchant Marine
Academy and our State maritime academies are critical to
training the next generation of licensed officers and engineers
on vessels of the United States;
(20) invest and innovate in domestic shipbuilding, ship
repair, and the shipping capabilities and capacity of vessels
of the United States to advance the power and influence of the
maritime industry of the United States;
(21) drive multi-stakeholder research, development,
assessment, and deployment of emerging marine technologies and
best practices related to the maritime transportation system to
ensure United States leadership in next-generation
shipbuilding, ship repair, and maritime logistics;
(22) drive modern business and manufacturing approaches,
such as innovative maritime logistics, clean fuels, and
advanced nuclear energy, human-machine teaming, additive
manufacturing, and other advanced technologies;
(23) review and update regulations governing vessel design
and engineering, vessel and facility operation, and merchant
mariner credentialing, in order to revitalize the United States
maritime industry;
(24) seek mutually beneficial relationships with treaty
allies and strategic partners to grow the domestic shipping and
shipbuilding industries of the United States and to share the
burden of providing freedom of navigation on the high seas,
while de-risking the United States maritime domain from the
People's Republic of China, foreign countries of concern, and
asymmetric or emerging maritime threats;
(25) harden critical maritime infrastructure and networks,
and incrementally replace infrastructure built by foreign
adversaries with domestic-built and allied-built
infrastructure; and
(26) promote the values of the United States for freedom of
the seas, worker safety and quality of life, environmental
stewardship, and the resilience of our oceans, seas, and inland
waterways.
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Commerce, Science, and Transportation, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Transportation and Infrastructure, and the Committee
on Appropriations of the House of Representatives.
(2) Domestic commerce.--The term ``domestic commerce''
means the transportation of goods or passengers between places
in the United States.
(3) Foreign commerce.--The term ``foreign commerce''
means--
(A) commerce or trade between the United States,
its territories or possessions, or the District of
Columbia, and a foreign country; and
(B) commerce or trade between foreign countries.
(4) Foreign country of concern.--The term ``foreign country
of concern'' means--
(A) a country that is a covered nation (as defined
in section 4872(d) of title 10, United States Code);
and
(B) any country that the Maritime Administrator, in
consultation with the Secretary of Defense, the
Secretary of State, the Director of National
Intelligence, and the Chair of the Federal Maritime
Commission, determines to be engaged in conduct that is
detrimental to the national security or foreign policy
of the United States.
(5) Foreign entity.--The term ``foreign entity''--
(A) means--
(i) a government of a foreign country or a
foreign political party, as those terms are
defined in section 1 of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C.
611);
(ii) a natural person who is not a lawful
permanent resident of the United States, a
citizen of the United States, or any other
protected individual (as such term is defined
in section 274B(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324b(a)(3))); or
(iii) a partnership, association,
corporation, organization, or other combination
of persons organized under the laws of or
having its principal place of business in a
foreign country; and
(B) includes--
(i) any person (including an owner or
operator of a vessel) owned by, controlled by,
or subject to the direction of an entity listed
in subparagraph (A);
(ii) any person, wherever located, who acts
as an agent, representative, or employee of an
entity listed in subparagraph (A);
(iii) any person who acts in any other
capacity at the order, request, or under the
direction or control, of an entity listed in
subparagraph (A), or of a person whose
activities are directly or indirectly
supervised, directed, controlled, financed, or
subsidized in whole or in major part by an
entity listed in subparagraph (A);
(iv) any person who directly or indirectly
through any contract, arrangement,
understanding, relationship, or otherwise, owns
25 percent or more of the equity interests of
an entity listed in subparagraph (A);
(v) any person with significant
responsibility to control, manage, or direct an
entity listed in subparagraph (A);
(vi) any person, wherever located, who is a
citizen or resident of a country controlled by
an entity listed in subparagraph (A); or
(vii) any corporation, partnership,
association, or other organization organized
under the laws of a country controlled by an
entity listed in subparagraph (A).
(6) Foreign entity of concern.--The term ``foreign entity
of concern'' means any foreign entity that is--
(A) designated as a foreign terrorist organization
by the Secretary of State under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189);
(B) included on the list of specially designated
nationals and blocked persons maintained by the Office
of Foreign Assets Control of the Department of the
Treasury;
(C) owned by, controlled by, or subject to the
jurisdiction or direction of a government of a foreign
country of concern;
(D) alleged by the Attorney General to have been
involved in activities for which a conviction was
obtained under--
(i) chapter 37 of title 18, United States
Code (commonly known as the ``Espionage Act'')
(18 U.S.C. 792 et seq.);
(ii) section 951 or 1030 of title 18,
United States Code;
(iii) chapter 90 of title 18, United States
Code (commonly known as the ``Economic
Espionage Act of 1996'');
(iv) the Arms Export Control Act (22 U.S.C.
2751 et seq.);
(v) section 224, 225, 226, 227, or 236 of
the Atomic Energy Act of 1954 (42 U.S.C. 2274,
2275, 2276, 2277, and 2284);
(vi) the Export Control Reform Act of 2018
(50 U.S.C. 4801 et seq.); or
(vii) the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.);
(E) designated by the Federal Maritime Commission
as a controlled carrier under chapter 407 of title 46,
United States Code;
(F) found by the Federal Maritime Commission to be
practicing unfavorable conditions in foreign trade
under chapter 421 or 423 of title 46, United States
Code; or
(G) determined by the Maritime Administrator, in
consultation with the Secretary of Defense, the
Secretary of State, the Director of National
Intelligence, and the Chair of the Federal Maritime
Commission, to be engaged in unauthorized conduct that
is detrimental to the national security or foreign
policy of the United States.
(7) Vessel of the united states.--The term ``vessel of the
United States'' has the meaning given that term in section 116
of title 46, United States Code.
TITLE I--OVERSIGHT AND ACCOUNTABILITY
SEC. 101. MARITIME SECURITY ADVISOR; MARITIME SECURITY BOARD.
(a) Amendments.--Chapter 504 of part A of subtitle V of title 46,
United States Code, is amended--
(1) by striking the chapter heading and inserting the
following: ``OVERSIGHT AND ACCOUNTABILITY'';
(2) by redesignating section 50401 as section 50403; and
(3) by inserting before section 50402, the following:
``Sec. 50401. Maritime Security Advisor; Maritime Security Board
``(a) Maritime Security Advisor.--
``(1) In general.--Not later than 60 days after the date of
enactment of this section, the President shall appoint a
Special Advisor to the President (to be known as the `Maritime
Security Advisor') for coordinating national maritime affairs
and policy, including developing, updating, and implementing
the National Maritime Strategy as required under section 50114
of this title.
``(2) Duties.--The Maritime Security Advisor appointed
under paragraph (1) shall serve as the Chair of the Maritime
Security Board, shall be the principal advisor to the President
on all issues related to the maritime industry, shipbuilding,
and ship repair, and shall be responsible for developing,
updating, and implementing the National Maritime Strategy under
section 50114 of this title within and across the Federal
Government.
``(3) Office of the maritime security advisor.--
``(A) In general.--There is established in the
Executive Office of the President, an Office of the
Maritime Security Advisor. The Maritime Security
Advisor described in this subsection shall be the head
of such Office.
``(B) Employees; contracts.--In carrying out the
functions under this section, the Maritime Security
Advisor is authorized to--
``(i) appoint such officers and employees
as the Maritime Security Advisor may deem
necessary to perform the functions now or
hereafter vested in the Maritime Security
Advisor and to prescribe their duties; and
``(ii) enter into contracts and other
arrangements for studies, analyses, and other
services with public agencies and with private
persons, organizations, or institutions, and
make such payments as the Maritime Security
Advisor deems necessary to carry out the
provisions of this section.
``(b) Maritime Security Board.--Not later than 90 days after the
date of enactment of this section, the President shall establish a
board, to be known as the `Maritime Security Board' (in this section
referred to as the `Board').
``(1) Composition.--
``(A) In general.--The Board shall be comprised of
the following individuals and representatives:
``(i) The Maritime Security Advisor
described in subsection (a).
``(ii) The Maritime Administrator.
``(iii) The Commandant of the Coast Guard.
``(iv) The Secretary of the Navy.
``(v) The Commander of the United States
Transportation Command.
``(vi) The Chair of the Federal Maritime
Commission.
``(vii) The Assistant Secretary of the Army
for Civil Works.
``(viii) The chief United States delegate
to the International Maritime Organization.
``(ix) The Under Secretary of Commerce for
Oceans and Atmosphere.
``(x) The Commissioner for Customs and
Border Protection.
``(xi) The Director of the Office of
Management and Budget, or a designee.
``(xii) The Secretary of Transportation, or
a designee.
``(xiii) The Secretary of Homeland
Security, or a designee.
``(xiv) The Secretary of State, or a
designee.
``(xv) The Secretary of Labor, or a
designee.
``(xvi) The Secretary of Commerce, or a
designee.
``(xvii) The Secretary of the Treasury, or
a designee.
``(xviii) The Administrator of the
Environmental Protection Agency, or a designee.
``(xix) The United States Trade
Representative, or a designee.
``(xx) The head of each agency with a
statutory responsibility for administering the
Food for Peace Act (7 U.S.C. 1691 et seq.), or
a designee.
``(xxi) From the Department of Defense--
``(I) the Secretary of Defense, or
a designee;
``(II) The Commander of the
Military Sealift Command.
``(III) The Commander of Naval Sea
Systems Command.
``(IV) a representative of the
Army, as appointed by the Secretary of
Defense;
``(V) a representative of the Air
Force, as appointed by the Secretary of
Defense; and
``(VI) a representative of the
Navy, as appointed by the Secretary of
Defense.
``(B) Nonvoting members.--The individuals and
representatives listed in clauses (xi) through (xxi)
shall be nonvoting members.
``(C) Chair.--The Maritime Security Advisor shall
serve as the Chair of the Board.
``(2) Duties.--Consistent with the National Maritime
Strategy under section 50114 of this title, the Board shall
carry out the following duties:
``(A) Supporting the development of the marine
transportation system of the United States, including--
``(i) assessing the adequacy of the marine
transportation system (including ports,
waterways, channels, and their intermodal
connections);
``(ii) promoting the integration of the
marine transportation system with other modes
of transportation and other uses of the marine
environment; and
``(iii) coordinating, improving the
coordination of, and making recommendations
with regard to Federal policies that impact the
marine transportation system.
``(B) Establishing policy priorities relating to,
and conducting independent oversight over, the
financial assistance programs under part C of subtitle
V of this title, including--
``(i) not later than 1 year after the date
of enactment of the SHIPS for America Act of
2025 and annually thereafter, establishing
targets for the number, type, and requirements
of vessels to be included in each of--
``(I) the Maritime Security Fleet
(consistent with the most recent
Mobility Capability Requirements Study
produced by United States
Transportation Command);
``(II) the Cable Security Fleet;
``(III) the Tanker Security Fleet
(consistent with the most recent
Mobility Capability Requirements Study
produced by United States
Transportation Command);
``(IV) the Strategic Commercial
Fleet; and
``(V) the Shipbuilding Financial
Incentives Program;
``(ii) submitting annual recommendations to
the appropriate committees of Congress for any
needed changes in the authorized number of
vessels eligible to participate in the programs
under part C of subtitle V of this title; and
``(iii) conducting oversight of the
administration of such financial assistance
programs to ensure such programs support the
strategic sealift objectives and policy of the
United States, as established in section 59101
of this title.
``(C) Supporting the Maritime Administrator in all
efforts to conduct independent oversight of passenger
and cargo preference requirements and supporting
efforts to enable cargo to be carried on vessels of the
United States, including--
``(i) conducting oversight and coordinating
interagency efforts to comply with cargo
preference requirements established under
chapter 553 of this title and section 2631 of
title 10;
``(ii) independently verifying that all
Federal agencies follow the requirements for
cargoes procured, furnished, or financed by the
United States Government under section 55305 of
this title, and notifying the appropriate
committees of Congress of any identified
violations of the requirements of such section;
``(iii) conducting outreach among
nongovernmental stakeholders, including private
industry, to encourage more cargo to be moved
on vessels of the United States;
``(iv) developing recommendations for
regulations to be issued by Federal agencies to
preference the movement of cargo on vessels of
the United States; and
``(v) submitting recommendations to the
appropriate committees of Congress for changes
to laws relating to passenger and cargo
preferences for the purpose of establishing a
more robust fleet of vessels of the United
States.
``(D) Conducting independent oversight and
developing guidance and recommendations related to the
enforcement of the requirements of chapters 121 and 551
of this title.
``(E) Coordinating national efforts to develop a
robust maritime workforce that enhances the national
security and strategic sealift readiness of the United
States, including--
``(i) coordinating and conducting oversight
of interagency efforts and partnerships with
the maritime industry and qualified labor
organizations to recruit, train, and retain
qualified licensed and unlicensed merchant
mariners; and
``(ii) coordinating and conducting
oversight of interagency efforts and
partnerships with the shipbuilding industry to
recruit, train, and retain qualified workers in
the shipbuilding industry of the United States.
``(F) Establishing national priorities for research
and development of next-generation technologies to
enhance United States leadership in the shipbuilding
and maritime industries, including through the Center
for Maritime Innovation established under section
50307.
``(G) Coordinating interagency efforts to ensure
vessels of the United States operating in international
commerce are privileged in regulation, taxation, fees,
insurance, and policy compared to foreign vessels
conducting trade with a United States-domiciled entity,
while remaining consistent with the international
obligations of the United States.
``(H) Coordinating efforts to protect vessels of
the United States operating in international or
domestic commerce from physical and cybersecurity
threats.
``(I) Conducting oversight of the use of funds from
the Maritime Security Trust Fund established under
section 50301(b) of this title, and making
recommendations to Congress for expenditures from the
Trust Fund.
``(J) Conducting studies on subjects related to the
maritime industry and international shipping, and
undertaking other efforts related to strengthening the
maritime security of the United States.
``(K) Carrying out other duties, as assigned by the
President in consultation with the Maritime Security
Advisor, related to the maritime industry,
shipbuilding, ship repair, strategic sealift, and the
marine transportation system of the United States.
``(3) Delegation.--The Board may task agencies who are
represented by individuals on the Board (as described under
paragraph (1)(A)) to carry out any duties of the Board.
``(4) Meetings.--The Board shall meet not less frequently
than quarterly.
``(5) Staff.--The Board may hire staff to support its
activities.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for each of fiscal years 2026 through 2035,
from the Maritime Security Trust Fund established under section
50301(b) of this title, to the Maritime Security Board to staff the
Board and carry out the duties described in this section.
``(d) Report to Congress.--
``(1) In general.--Not later than 180 days after the
President establishes the Maritime Security Board under this
section, and annually thereafter, the Board shall submit a
report to the appropriate committees of Congress describing--
``(A) the actions that the Board has taken to carry
out the duties required of the Board under subsection
(b)(2); and
``(B) a list of recommended actions that the Board
recommends Congress take to enhance the strength of the
United States maritime industry and support the
economic and national security needs of the United
States;.
``(2) Appropriate committees of congress.--In this section,
the term `appropriate committees of Congress' has the meaning
given that term in section 4 of the SHIPS for America Act of
2025.''.
(b) Clerical Amendment.--The table of sections for chapter 504 of
subtitle V of title 46, United States Code, is amended to read as
follows:
``50401. Maritime Security Advisor; Maritime Security Board.
``50402. Maritime Transportation System National Advisory Committee.
``50403. United States Committee on the Marine Transportation
System.''.
(c) National Maritime Strategy.--Section 50114 of title 46, United
States Code, is amended--
(1) by striking subsection (a), and inserting the
following:
``(a) In General.--
``(1) In general.--Subject to paragraph (2), the Maritime
Security Advisor, in consultation with the Maritime Security
Board, shall develop a National Maritime Strategy and submit
that National Maritime Strategy to the appropriate committees
of Congress (as that term is defined in section 4 of the SHIPS
for America Act of 2025).
``(2) Transition.--Notwithstanding paragraph (1), if a
national maritime strategy has been developed and submitted in
accordance with this section, as in effect on the day before
the date of enactment of the SHIPS for America Act of 2025, in
the 1-year period before such date of enactment, the Maritime
Security Advisor shall implement and update that national
maritime strategy and shall not develop a new national maritime
strategy.''; and
(2) by striking subsections (c) and (d) and inserting the
following:
``(c) Implementation.--Upon the release of a strategy under this
section, the Maritime Security Advisor, in consultation with the
Maritime Security Board, shall be responsible for implementing the
contents and recommendations of the strategy.
``(d) Update.--The Maritime Security Advisor, in coordination with
the Maritime Security Board, shall submit to the appropriate committees
of Congress (as that term is defined in section 4 of the SHIPS for
America Act of 2025) an update to the strategy developed under
subsection (a) not less often than every 5 years.
``(e) Public Availability; Implementation Plan.--Not later than 6
months after the submission of a strategy or update under subsection
(a), the Maritime Security Advisor, in consultation with the Maritime
Security Board, shall make publicly available on an appropriate website
each strategy or updated strategy and an implementation plan for such
strategy or update.''.
SEC. 102. MARITIME TRANSPORTATION SYSTEM NATIONAL ADVISORY COMMITTEE.
Section 50402 is amended--
(1) in subsection (b), by striking ``Secretary of
Transportation'' and inserting ``Maritime Security Advisor and
Maritime Security Board''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``by the
Secretary of Transportation'';
(B) by striking paragraph (3) and inserting the
following:
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) The Maritime Security Advisor shall appoint
the following members of the Committee:
``(i) At least one member to represent the
Environmental Protection Agency.
``(ii) At least one member to represent the
Department of Commerce.
``(iii) At least one member to represent
the Corps of Engineers.
``(iv) At least one member to represent the
Coast Guard.
``(v) At least one member to represent
Customs and Border Protection.
``(vi) At least one member to represent the
Maritime Administration.
``(vii) At least one member to represent
the Department of Agriculture.
``(viii) At least one member to represent
the State Department.
``(ix) At least one member to represent
State and local governmental entities.
``(B) Additional members shall represent private
sector entities that reflect a cross-section of
maritime industries, including credentialed United
States merchant mariners, port and water stakeholders,
academia, and labor, of whom--
``(i) 3 shall be appointed by the majority
leader of the Senate;
``(ii) 3 shall be appointed by the minority
leader of the Senate;
``(iii) 3 shall be appointed by the Speaker
of the House of Representatives; and
``(iv) 3 shall be appointed by the minority
leader of the House of Representatives.
``(C) The Maritime Security Advisor may appoint
additional members of the Committee, including
additional representatives from the United States
Merchant Marine Academy, State maritime academies, or
other Federal agencies, as the Secretary considers
appropriate.''; and
(C) in paragraph (4), by redesignating
subparagraphs (A) and (B) as clauses (i) and (ii),
respectively, and adjusting the margins accordingly;
(D) by redesignating paragraph (4) as subparagraph
(A) and adjusting the margins accordingly;
(E) by inserting after paragraph (3) the following:
``(4) Restrictions on members.--''; and
(F) at the end of paragraph (4), as so designated,
by inserting the following:
``(B) Restrictions on additional members.--Members
appointed under this paragraph that are not
representing Federal agencies--
``(i) shall remain on the Committee for a
term of 3 years from the date that the member
is appointed; and
``(ii) may not serve more than 2
consecutive terms.''.
SEC. 103. DIRECT HIRE AUTHORITY; AUTHORIZATION FOR ADMINISTRATIVE
EXPENSES.
(a) Maritime Administration Direct Hire Authority.--
(1) In general.--The Maritime Administrator may appoint,
without regard to the provisions of sections 3309 through 3319
of title 5, United States Code, candidates to positions in the
competitive service within the Maritime Administration for
which--
(A) public notice has been given;
(B) the Administrator has determined that a
critical hiring need exists; and
(C) the Administrator has consulted with the
Director of the Office of Personnel Management
regarding--
(i) the positions for which the
Administrator plans to recruit;
(ii) the quantity of candidates the
Administrator is seeking; and
(iii) the assessment and selection policies
the Administrator plans to utilize.
(2) Definition of critical hiring need.--In this
subsection, the term ``critical hiring need'' means personnel
necessary for the implementation of this Act and associated
work.
(b) Coast Guard Direct Hire Authority.--
(1) In general.--The Secretary of the department in which
the Coast Guard is operating may appoint, without regard to the
provisions of sections 3309 through 3319 of title 5, United
States Code, candidates to positions in the competitive service
within offices under the Assistant Commandant for Prevention
Policy of the Coast Guard, for which--
(A) public notice has been given;
(B) the Secretary has determined that a critical
hiring need exists; and
(C) the Secretary has consulted with the Director
of the Office of Personnel Management regarding--
(i) the positions for which the Secretary
plans to recruit;
(ii) the quantity of candidates the
Secretary is seeking; and
(iii) the assessment and selection policies
the Secretary plans to utilize.
(2) Definition of critical hiring need.--In this
subsection, the term ``critical hiring need'' means personnel
necessary for the implementation of this Act and associated
work.
(c) Competitive Service.--In this section the term ``competitive
service'' has the meaning given the term in section 2102 of title 5,
United States Code.
(d) Authorization of Appropriations for Administrative Expenses.--
There is authorized to be appropriated from the Maritime Security Trust
Fund established under section 50301(b) of title 46, United States
Code--
(1) $30,000,000 to the Secretary of Transportation for
administrative expenses of the Maritime Administration to
administer subtitle V of title 46, United States Code, for each
of fiscal years 2026 through 2035;
(2) $30,000,000 to the Secretary of the department in which
the Coast Guard is operating for administrative expenses of the
Coast Guard to administer subtitle II of title 46, United
States Code, for each of fiscal years 2026 through 2035; and
(3) $2,000,000 to the Federal Maritime Commission for
administrative expenses of the Federal Maritime Commission to
administer subtitle IV of title 46, United States Code.
SEC. 104. IMPLEMENTATION PLAN.
(a) Implementation Plan Required.--Not later than 60 days after the
date of enactment of this Act, the Maritime Administrator and the
Secretary of the department in which the Coast Guard is operating shall
each submit to the appropriate committees of Congress and the Maritime
Security Board a separate implementation plan for carrying out this
Act, and the amendments made by this Act.
(b) Elements.--Each implementation plan required under subsection
(a) shall include, for each action required of the Maritime
Administrator and the Secretary of the department in which the Coast
Guard is operating (as applicable) in this Act, including the
amendments made by this Act--
(1) an identification of all administrative restructuring
requirements;
(2) an identification of each office or division within the
Maritime Administration or Coast Guard principally responsible
for each relevant section of this Act;
(3) an identification of additional personnel needed to
sufficiently implement this Act, a hiring plan, and a training
plan;
(4) an identification of any barrier (including any policy,
law, or regulation) to implementation of any section of this
Act, and recommendations to address those barriers;
(5) a descriptive implementation timeline, taking into
account the administrative needs of the Maritime Administration
or the Coast Guard; and
(6) any additional components determined appropriate by the
Maritime Administrator or such Secretary to ensure the success
of implementation of this Act.
(c) Briefing.--Not later than 15 days after submitting each
implementation plan required under subsection (a), the Maritime
Administrator and the Secretary of the department in which the Coast
Guard is operating shall provide a briefing to the appropriate
committees of Congress on the status of that implementation plan
required under subsection (a).
(d) Biannual Update.--Not less frequently than biannually following
the submission of the plans under subsection (a) and for 2 years
thereafter, the Maritime Administrator and the Secretary of the
department in which the Coast Guard is operating shall submit to the
appropriate committees of Congress separate reports containing any
updates on the implementation of such plans.
(e) GAO Review.--The Comptroller General of the United States
shall--
(1) not later than 2 years after the date of enactment of
this Act, and biennially thereafter for 10 years, conduct a
review of the activities carried out in accordance with this
Act, and the amendments made by this Act; and
(2) submit to the appropriate committees of Congress the
results of each review.
SEC. 105. FEDERAL MARITIME COMMISSION REPORT ON VESSELS OF THE UNITED
STATES.
(a) In General.--The Federal Maritime Commission shall annually
submit a report to the Maritime Security Board and the appropriate
committees of Congress evaluating the competitiveness of vessels of the
United States in foreign commerce. The Maritime Security Board shall
utilize the findings of such report to inform the National Maritime
Strategy under section 50114 of title 46, United States Code, and other
activities of the Board.
(b) Contents.--The report shall include--
(1) metrics concerning carriage of foreign commerce on
vessels of the United States;
(2) information about the price parity of carriage of
foreign commerce on vessels of the United States versus foreign
vessels (as defined in section 110 of title 46, United States
Code) by market;
(3) identification of markets of opportunity for the United
States to compete in foreign commerce where rates are in
relative parity to vessels of the United States;
(4) markets in which United States interests paid above
average rates for foreign commerce, including with foreign and
domestic carriers; and
(5) an assessment of the foreign vessel registries of peer
competitor countries to determine--
(A) the roles of the governments of peer competitor
countries in their vessel registry processes, including
policy practices that may provide a disadvantage to the
United States;
(B) the sizes of the fleets of foreign vessels
registered with such countries, including how many of
such foreign vessels are domestically built and how
many are built in other countries; and
(C) the price parity of vessels of the United
States, as compared to foreign vessels registered with
peer competitor countries that are operating in global
markets identified as a priority by the Federal
Maritime Commission.
TITLE II--MARITIME SECURITY TRUST FUND
SEC. 201. MARITIME SECURITY TRUST FUND ESTABLISHED.
Section 50301 of title 46, United States Code, is amended--
(1) by striking the section heading and inserting ``Funds
established'';
(2) in subsection (e)--
(A) in paragraph (2), by redesignating
subparagraphs (A), (B), and (C), as clauses (i), (ii),
and (iii), respectively, and adjusting the margins
accordingly;
(B) by redesignating paragraphs (1), (2), and (3),
as subparagraphs (A), (B), and (C), respectively, and
adjusting the margins accordingly;
(C) in subparagraph (A), as redesignated by
subparagraph (B), by striking ``paragraph (2)'' and
inserting ``subparagraph (B)'';
(D) in subparagraph (B), as redesignated by
subparagraph (B), in the matter preceding clause (i),
by striking ``Paragraph (1)'' and inserting
``Subparagraph (A)''; and
(E) in subparagraph (C), as redesignated by
subparagraph (B), by striking ``Paragraph (1)'' and
inserting ``Subparagraph (A)'';
(3) in subsection (f), by redesignating paragraphs (1)
through (4) as subparagraphs (A) through (D), respectively, and
adjusting the margins accordingly;
(4) by redesignating subsections (b) through (g) as
paragraphs (2) through (7), respectively, and adjusting the
margins accordingly;
(5) in subsection (a), by striking ``In General'' and all
that follows through ``There is a'' and inserting the
following:
``(a) Vessel Operations Revolving Fund.--
``(1) In general.--There is a'';
(6) in paragraph (4), by striking ``subsection (a)'' and
inserting ``paragraph (1)''; and
(7) by adding at the end the following:
``(b) Maritime Security Trust Fund.--
``(1) In general.--There is a `Maritime Security Trust
Fund' for use in carrying out programs or activities associated
with supporting the merchant marine of the United States and
the maritime industrial base, as authorized under the SHIPS for
America Act of 2025.
``(2) Transfer of amounts.--The Fund shall be credited with
amounts equivalent to the receipts from each of the following:
``(A) The taxes received in the Treasury under--
``(i) section 60301 of this title (relating
to regular tonnage taxes);
``(ii) section 60302 of this title
(relating to special tonnage taxes); and
``(iii) section 60303 of this title
(relating to light money).
``(B) The revenue collected from--
``(i) duties imposed under section 466 of
the Tariff Act of 1930 (19 U.S.C. 1466)
(relating to equipment and repair of vessels);
``(ii) duties, fees, or monetary penalties
imposed by the United States Trade
Representative under section 301 of the Trade
Act of 1974 (19 U.S.C. 2411) pursuant to the
determination of the Trade Representative that
the targeting of the maritime, logistics, and
shipbuilding sectors for dominance by the
People's Republic of China is unreasonable and
burdens or restricts United States commerce,
notice of which was published in the Federal
Register on January 23, 2025 (90 Fed. Reg.
8089); and
``(iii) duties imposed under section 60502
of this title (relating to discriminating duty
on goods imported in foreign vessels or from
contiguous countries).
``(C) Any penalties paid with respect to a vessel
pursuant to any of the following sections of this
title:
``(i) Section 2017.
``(ii) Section 2302.
``(iii) Section 3318.
``(iv) Section 3718.
``(v) Section 4106.
``(vi) Section 5116.
``(vii) Section 11303.
``(viii) Section 11501.
``(ix) Section 12151.
``(x) Section 12507.
``(xi) Section 14701.
``(xii) Section 30707, with respect to the
portion of the fine that goes to the United
States Government under subsection (c) of such
section.
``(xiii) Section 31309.
``(xiv) Section 31330.
``(xv) Section 41107.
``(xvi) Section 41108.
``(xvii) Section 42108.
``(xviii) Section 44104.
``(xix) Section 70052.
``(xx) Section 70119.
``(xxi) Section 70506.
``(xxii) Section 80509.
``(D) Any revenue generated in connection with the
seizure and forfeiture of a maritime vessel under--
``(i) section 3 of the Act of August 5,
1935 (49 Stat. 518, chapter 438; 19 U.S.C.
1703);
``(ii) section 70052 of this title; and
``(iii) section 70507 of this title.
``(3) Total balance.--The total amount in the Maritime
Security Trust Fund at any time shall not exceed
$20,000,000,000.
``(4) Expenditures.--Amounts in the Maritime Security Trust
Fund shall be available for making expenditures before October
1, 2035, to meet those obligations of the United States
heretofore and hereafter incurred which are authorized to be
paid out of the Maritime Security Trust Fund under the SHIPS
for America Act of 2025, including the amendments made in such
Act.''.
SEC. 202. REGULAR TONNAGE TAXES.
(a) Rate Updates.--Section 60301 of title 46, United States Code,
is amended--
(1) in subsection (a), by striking ``, for fiscal years
2006 through 2010, and 2 cents per ton not to exceed a total of
10 cents per ton per year, for each fiscal year thereafter'';
and
(2) in subsection (b), by striking ``, for fiscal years
2006 through 2010, and 6 cents per ton, not to exceed a total
of 30 cents per ton per year, for each fiscal year
thereafter''.
(b) Foreign Shipyard of Concern.--
(1) Definition.--The term ``foreign shipyard of concern''
means--
(A) a shipyard owned by a firm owned or controlled
by the government of a foreign country of concern or a
foreign entity of concern, that has the capacity to
produce both military and commercial vessels; and
(B) a foreign shipyard designated under paragraph
(2).
(2) Designation.--
(A) In general.--Beginning after October 1, 2027,
the Maritime Security Advisor, in consultation with the
Maritime Security Board, shall designate certain
foreign shipyards that pose a threat to the national
security or economic security of the United States as
foreign shipyards of concern, in accordance with this
paragraph.
(B) Notice and comment.--A proposed designation
under subparagraph (A) shall be subject to notice and
comment in the Federal Register.
(C) Annual revisions.--The list of shipyards
designated under this paragraph shall be revised, and
new shipyards may be designated, not more frequently
than once a year.
(c) Penalty Rates; Inflation.--Section 60301 of title 46, United
States Code, is further amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
``(c) Penalty Rate.--
``(1) In general.--In accordance with paragraph (2), and in
addition to the tax imposed on a vessel under subsection (b), a
penalty tax with no annual limit is imposed on a vessel subject
to the tax imposed under subsection (b), at a rate of--
``(A) $5 per ton for a vessel that--
``(i) is owned or operated by a foreign
entity of concern;
``(ii) is a vessel registered under a
registry of a foreign country of concern;
``(iii) was a vessel registered under a
registry of a foreign country of concern at any
time during the 3 years preceding the date of
the determination of the application of
subsection (a) or (b); or
``(iv) is owned or operated by an entity,
with respect to which--
``(I) an amount equal to 50 percent
or greater of the total number of
vessels ordered at the time of the
determination of the application of
subsection (a) or (b) are vessels
ordered from a shipyard of concern; or
``(II) an amount equal to 50
percent or greater of the total number
of vessels that the entity expects to
have delivered in the period of 24
months after the time of such
determination are vessels expected to
be delivered by a shipyard of concern;
``(B) $3.50 per ton for a vessel that is owned or
operated by an entity, with respect to which--
``(i) an amount equal to 25 percent or
more, but less than 50 percent, of the total
number of vessels ordered at the time of the
determination of the application of subsection
(a) or (b) are vessels ordered from a shipyard
of concern; or
``(ii) an amount equal to 25 percent or
more, but less than 50 percent, of the total
number of vessels that the entity expects to
have delivered in the period of 24 months after
the time of such determination are vessels
expected to be delivered by a shipyard of
concern;
``(C) $1.25 per ton for a vessel that is owned or
operated by an entity with a fleet of vessels, of which
an amount equal to 50 percent or more of the number of
such vessels were constructed or underwent any repairs
(excluding necessary repairs as described in paragraph
(1) of section 466(d) of the Tariff Act of 1930 (19
U.S.C. 1466(d)(1))) in a shipyard of concern at any
time during the 3 years preceding the date of the
determination of the application of subsection (b).
``(2) Highest applicable rate.--A vessel with respect to
which the descriptions in 2 or more subparagraphs in paragraph
(1) apply, shall be subject to the highest applicable rate
described in that paragraph.
``(3) Definitions.--In this subsection--
``(A) the terms `foreign country of concern' and
`foreign entity of concern' have the meanings given
those terms in section 4 of the SHIPS for America Act
of 2025; and
``(B) the term `foreign shipyard of concern' has
the meaning give that term in section 202 of that Act.
``(d) Index for Inflation.--The taxes imposed under this section
shall be annually increased to account for inflation.''.
SEC. 203. PRESIDENTIAL SUSPENSION OF TONNAGE TAXES AND LIGHT MONEY.
Section 60304 of title 46, United States Code, is amended to read
as follows:
``Sec. 60304. Presidential suspension of tonnage taxes and light money
``(a) In General.--Except as provided in subsection (b), if the
President is satisfied that the government of a foreign country does
not impose discriminating or countervailing duties to the disadvantage
of the United States, the President may suspend the imposition of
special tonnage taxes and light money under sections 60302 and 60303 of
this title on vessels of that country.
``(b) Exception.--Subsection (a) shall not apply to any vessel
that--
``(1) is owned or operated by a foreign entity of concern
(as that term is defined in section 4 of the SHIPS for America
Act of 2025);
``(2) is a vessel registered under a registry of a foreign
country of concern (as that term is defined in section 4 of the
SHIPS for America Act of 2025); or
``(3) was a vessel registered under a registry of a foreign
country of concern (as that term is defined in section 4 of the
SHIPS for America Act of 2025) at any time during the 3 years
preceding the date of the determination of the application of
subsection (a).''.
TITLE III--SEALIFT CAPABILITY
SEC. 301. SEALIFT CAPABILITY.
(a) In General.--Subtitle V of title 46, United States Code, is
amended by adding at the end the following:
``PART H--STRATEGIC SEALIFT
``Sec.
``59101. Objectives and policy.
``59102. Procurement, maintenance, and operation.
``59103. Sealift prioritization.
``59104. Report on privilege.
``Sec. 59101. Objectives and policy
``(a) Objectives.--It is necessary for the national defense and
economic security of the United States that the United States have
vessels of the United States capable of providing and supporting
strategic sealift--
``(1) sufficient to meet surge defense deployment and
essential economic activities for the United States in times of
crisis or war;
``(2) sufficient to respond unilaterally to national
security threats in geographic areas not covered by alliance
commitments and ensure economic security resilience for United
States trade; and
``(3) built, operated, and maintained during all times,
primarily in the United States to protect and ensure national
security resiliency and avoid foreign coercion of critical
supply chains.
``(b) Policy.--It is the policy of the United States to encourage
and aid the development and maintenance of vessels of the United States
with strategic sealift capabilities satisfying the objectives described
in subsection (a).
``(c) Strategy Required.--
``(1) In general.--The Maritime Security Board shall
annually develop a strategy to leverage the financial
assistance programs established under part C of this subtitle
to expand the number of vessels of the United States needed to
accomplish the objectives described under subsection (a).
``(2) Strategy components.--The strategy developed by the
Maritime Security Board shall include--
``(A) annual goals for the number of vessels that
will be brought into the fleet of vessels of the United
States capable of providing strategic sealift utilizing
the Maritime Security Fleet under chapter 531 of this
title, the Cable Security Fleet under chapter 532 of
this title, the Tanker Security Fleet under chapter 534
of this title, the Strategic Commercial Fleet under
chapter 536 of this title, and the Shipbuilding
Financial Incentives program, consistent with the most
recent Mobility Capability Requirements Study produced
by United States Transportation Command; and
``(B) an assessment of domestic shipbuilding
capacity and a strategy to increase the capacity of the
domestic shipbuilding industry utilizing the
Shipbuilding Financial Incentives program.
``(3) National maritime strategy.--The strategy developed
by the Maritime Security Board under paragraph (1) shall be
consistent with the National Maritime Strategy developed under
section 50114.
``(d) Report Required.--
``(1) In general.--Upon completion, the Maritime Security
Board shall transmit to the appropriate committees of Congress
a summary of the strategy developed under subsection (c), with
a classified annex as necessary.
``(2) Definition.--In this part, the term `appropriate
committees of Congress' has the meaning given that term in
section 4 of the SHIPS for America Act of 2025.
``Sec. 59102. Procurement, maintenance, and operation
``(a) Statement of Policy.--The Maritime Administrator, in
coordination with the Secretary of Defense and the Secretary of
Homeland Security, shall build, acquire, maintain, coordinate, support,
and operate a sufficient and privileged fleet of vessels of the United
States with commercial and military sealift capability.
``(b) Supplemental Capability.--In developing sealift capability
under this part, the Secretary of Transportation and the Secretary of
Defense shall continue to support a sufficient Maritime Security Fleet
under chapter 531 of this title, a Cable Security Fleet under chapter
532 of this title, a Tanker Security Fleet under chapter 534 of this
title, the Strategic Commercial Fleet under chapter 536 of this title,
a Military Sealift Command of the Department of the Navy, and a Ready
Reserve Force component of the National Defense Reserve Fleet under
section 57100 of this title, to provide capacity and resiliency for
unilateral United States strategic sealift in peace, crisis, and war.
``(c) Judicial Review.--No court shall have jurisdiction to review
decisions made by the Maritime Administrator, the Secretary of Defense,
or the Secretary of Homeland Security with respect to this section.
``Sec. 59103. Sealift prioritization
``(a) In General.--In acquiring, maintaining, coordinating, and
supporting a fleet of vessels capable of providing sealift capacity
during wartime and crisis, the Maritime Administrator, in coordination
with the Secretary of Defense, shall ensure the availability of
vessels, in the following order of priority:
``(1) Commercial vessels of the United States.
``(2) Vessels of the United States that are owned and
operated by the United States Government.
``(3) Vessels of countries that are defense treaty allies
of the United States.
``(4) Vessels of countries that are strategic partners of
the United States.
``(b) Judicial Review.--No court shall have jurisdiction to review
decisions made by the Maritime Administrator or the Secretary of
Defense with respect to this section.
``Sec. 59104. Report on privilege
``(a) In General.--Not later than March 1, 2026, the Secretary of
Transportation, in coordination with the Secretary of Commerce, the
Chair of the Federal Maritime Commission, and the Director of the
Office of Management and Budget, shall submit to the appropriate
committees of Congress a report including ways to ensure vessels of the
United States operating in foreign commerce are privileged in
regulation, taxation, fees, insurance, and policy compared to foreign
vessels conducting trade with a United States domiciled entity, while
remaining consistent with the international obligations of the United
States.
``(b) Contents.--In submitting the report under subsection (a), the
Secretary of Transportation shall include options for regulating trade
with foreign vessels in order to sustain and grow the Maritime Security
Fleet under chapter 531 of this title, the Cable Security Fleet under
chapter 532 of this title, the Tanker Security Fleet under chapter 534
of this title, the Strategic Commercial Fleet under chapter 536 of this
title, and other vessels of the United States operating in foreign
commerce.''.
(b) Clerical Amendment.--The table of chapters for subtitle V of
title 46, United States Code, is amended by adding at the end the
following:
``Part H--Strategic Sealift''.
SEC. 302. NATIONAL FREIGHT STRATEGIC PLAN.
Section 70102(b) of title 49, United States Code, is amended--
(1) in paragraph (16), by striking ``and'' after the
semicolon;
(2) in paragraph (17), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(18) consideration of United States strategic sealift
objectives and strategies established under section 59101 of
title 46; and
``(19) consideration of maritime networks in multimodal
freight corridors.''.
SEC. 303. FOREIGN SHIPPING PRACTICES; CONTROLLED CARRIERS.
(a) Foreign Shipping Practices.--Section 42301(b) of title 46,
United States Code, is amended--
(1) in paragraph (2), by inserting ``or passengers'' after
``transportation of cargo''; and
(2) in paragraph (5), by inserting ``or passengers'' after
``carriage of cargo''.
(b) Controlled Carriers.--Chapter 407 of title 46, United States
Code, is amended--
(1) in section 40701--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``or'' at
the end;
(ii) in paragraph (2), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(3) arrange or provide passenger transportation at a fare
that is below a just and reasonable level.'';
(B) in subsection (b), by striking ``rule, or
regulation'' and inserting ``rule, regulation, or
fare'';
(C) in subsection (c), by striking ``rule, or
regulation'' and inserting ``rule, regulation, or
fare''; and
(D) in subsection (d), by striking ``rule, or
regulation'' and inserting ``rule, regulation, or
fare'';
(2) in section 40702(b)--
(A) in the matter preceding paragraph (1), by
striking ``rule, or regulation'' and inserting ``rule,
regulation, or fare'';
(B) in paragraph (1), by striking ``rate or
charge'' and inserting ``rate, charge, or fare''; and
(C) in paragraph (2), by striking ``rule, or
regulation'' and inserting ``rule, regulation, or
fare'';
(3) in section 40703, by striking ``a rate, charge,'' and
inserting ``a rate, fare, charge,''; and
(4) in section 40704--
(A) in subsection (a), by striking ``rule, or
regulation'' and inserting ``rule, regulation, or
fare'';
(B) in subsection (b), by striking ``rule, or
regulation'' and inserting ``rule, regulation, or
fare'';
(C) in subsection (c), by striking ``rule, or
regulation'' and inserting ``rule, regulation, or
fare'' each place the term appears;
(D) in subsection (d)--
(i) in paragraph (1), by striking ``rule,
or regulation'' and inserting ``rule,
regulation, or fare'' each place the term
appears; and
(ii) in paragraph (2), by striking ``rule,
or regulation'' and inserting ``rule,
regulation, or fare'' each place the term
appears; and
(E) in subsection (e), by striking ``rule, or
regulation'' and inserting ``rule, regulation, or
fare'' each place the term appears.
TITLE IV--VESSELS OF THE UNITED STATES IN INTERNATIONAL COMMERCE
Subtitle A--Strategic Sealift Programs
SEC. 401. STRATEGIC COMMERCIAL FLEET.
(a) In General.--Part C of subtitle V of title 46, United States
Code, is amended by inserting after chapter 535 the following:
``CHAPTER 536--STRATEGIC COMMERCIAL FLEET
``Sec.
``53601. Definitions.
``53602. Establishment of Strategic Commercial Fleet.
``53603. Operating agreements.
``53604. Payments.
``53605. National security requirements.
``53606. Regulations.
``Sec. 53601. Definitions
``In this chapter:
``(1) Administrator.--The term `Administrator' means the
Maritime Administrator.
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Armed Services, the
Committee on Commerce, Science, and Transportation, and
the Committee on Appropriations of the Senate; and
``(B) the Committee on Armed Services, the
Committee on Transportation and Infrastructure, and the
Committee on Appropriations of the House of
Representatives.
``(3) Coastwise trade.--The term `coastwise trade' means
commerce or trade that is subject to the requirements of
section 55102.
``(4) Covered entity.--The term `covered entity' means--
``(A) any owner or operator of a vessel eligible
under section 53602(d); or
``(B) a bid team consisting of--
``(i) an entity eligible under subparagraph
(A);
``(ii) a shipyard in the United States with
the ability, experience, financial resources,
and other qualifications necessary for--
``(I) the construction of a vessel
eligible for inclusion in the Strategic
Commercial Fleet; or
``(II) the repair of such a vessel;
and
``(iii) another legal entity that is not a
foreign entity of concern.
``(5) Fleet.--The term `Fleet' means the Strategic
Commercial Fleet established under section 53602.
``(6) Foreign commerce.--The term `foreign commerce'
means--
``(A) commerce or trade between the United States,
its territories or possessions, or the District of
Columbia, and a foreign country; and
``(B) commerce or trade between foreign countries.
``(7) Foreign country of concern; foreign entity of
concern.--The terms `foreign country of concern' and `foreign
entity of concern' have the meanings given such terms in
section 4 of the Shipbuilding and Harbor Infrastructure for
Prosperity and Security for America Act of 2025.
``(8) Qualified foreign built vessel.--The term `qualified
foreign built vessel'--
``(A) means a vessel that--
``(i) is not more than 14 years of age;
``(ii) is, prior to entry into the Fleet,
documented under the laws of the United States;
and
``(iii) was constructed (or reconstructed)
outside the United States; and
``(B) does not include a vessel that--
``(i) was owned or operated by a foreign
entity of concern;
``(ii) is a vessel of a foreign country of
concern;
``(iii) was constructed by a shipyard that
was owned or operated by a foreign entity of
concern or located in a foreign country of
concern; or
``(iv) was registered as a vessel of a
foreign country of concern at any time during
the 3 years prior to entry into the Fleet.
``(9) United states built vessel.--The term `United States
built vessel' means a vessel that is constructed in the United
States (and, if reconstructed, reconstructed in the United
States).
``(10) United states citizen trust.--The term `United
States citizen trust' has the meaning given such term in
section 53201.
``Sec. 53602. Establishment of Strategic Commercial Fleet
``(a) In General.--The Administrator, in consultation with the
Secretary of Defense, shall establish a fleet, to be known as the
`Strategic Commercial Fleet', of active, commercially viable,
militarily useful, privately owned vessels to meet national defense and
other security requirements and maintain a United States presence in
international commercial shipping.
``(b) Number of Vessels.--The Administrator shall seek to select
eligible vessels described in subsection (d) for the Fleet through an
annual competitive selection process in accordance with the annual
target number for the Fleet recommended by the Maritime Security Board
under section 50401(b)(2)(B)(i). Through such annual selection process,
the Administrator shall--
``(1) select for inclusion in the Fleet not fewer than 10
vessels in the 12-month period that begins on the date that is
2 years after the date of enactment of this section;
``(2) increase the number of vessels selected for inclusion
in the Fleet annually such that not later than 5 years after
such date of enactment, not fewer than 20 vessels are selected
for such inclusion annually; and
``(3) ensure that the total number of vessels included in
the fleet shall be not more than 250 vessels at any point in
time.
``(c) Solicitation; Entry Into Fleet.--
``(1) Solicitation.--
``(A) In general.--Not later than 1 year after the
date of enactment of this section, the Administrator
shall solicit applications from covered entities to
competitively select vessels that are eligible under
subsection (d) and meet the requirements of this
subsection for inclusion in the Fleet.
``(B) Public solicitation requirements.--In
soliciting applications under subparagraph (A), the
Administrator--
``(i) shall--
``(I) publish a notice in the
Federal Register, which, at a minimum,
identifies the requirements for the
number of vessels as established by the
Administrator and the Maritime Security
Board under subsection (b); and
``(II) allow applicants not less
than 30 days to submit an application
for entry into the Fleet; and
``(ii) may, in coordination with the
Maritime Security Board, include in the notice
in the Federal Register--
``(I) target numbers for each
vessel type that will be selected for
inclusion in the Fleet each year; and
``(II) guidance on proposed annual
operating support payments and annual
capital support payments for each
vessel type solicited, to ensure--
``(aa) covered entities
submit applications that are
priced competitively and meet
the needs of the Fleet; and
``(bb) there is a
competitive selection process
as described in this section.
``(2) Eligible applications.--The Administrator shall
solicit and accept applications in separate processes for each
of the following:
``(A) Newly constructed vessels.--
``(i) In general.--A covered entity may
submit an application for the Fleet that
involves the construction of a United States
built vessel and operation of such vessel as a
vessel of the United States in foreign
commerce.
``(ii) Interim vessel.--An application
described in clause (i) from a covered entity
may include a proposal for the use of an
interim vessel, if such proposal provides
that--
``(I) the covered entity will
operate a qualified foreign-built
vessel as a vessel of the United States
in foreign commerce as part of the
Fleet until the United States built
vessel described in such clause enters
the Fleet, in accordance with the
milestones established within the
operating agreement under section
53603(c)(1);
``(II) when the United States built
vessel enters the Fleet or the covered
entity fails to meet milestones
established in the operating agreement,
the qualified foreign-built vessel
shall be removed from the Fleet; and
``(III) the covered entity may then
transfer and register the qualified
foreign-built vessel under a registry
of any foreign country that is not a
foreign country of concern.
``(B) Qualified foreign-built vessels.--
``(i) In general.--Through fiscal year
2030, a covered entity may submit an
application for the Fleet that involves the
operation of a qualified foreign-built vessel
as a vessel of the United States in foreign
commerce.
``(ii) Exception.--After fiscal year 2030,
the Administrator may not enter into a new
agreement to bring a qualified foreign-built
vessel into the Fleet unless--
``(I) the vessel is operating as an
interim vessel under subparagraph
(A)(ii); or
``(II) the Administrator and
Secretary of Defense, in consultation
with the Maritime Security Board,
jointly certify to the appropriate
committees of Congress that adding
additional qualified foreign-built
vessels to the Fleet is necessary for
the national security of the United
States until replaced by a newly
constructed vessel to meet the schedule
under subsection (b).
``(3) Procedure.--
``(A) In general.--A covered entity desiring to
have a vessel selected for the Fleet shall submit an
eligible application under paragraph (2) as at such
time, in such manner, and containing such information
as the Administrator may require. Such application
shall include--
``(i) a proposed annual operating support
payment, which may cover the difference in
operating costs (including costs associated
with vessel repair) associated with operating
the vessel as a vessel of the United States as
compared to a fair and reasonable estimate of
the cost of operating that type of vessel under
the laws of a foreign country;
``(ii) in the case of an application
described in paragraph (2)(A), a proposed
annual capital support payment, which may cover
the difference in capital costs associated with
constructing the vessel in the United States as
compared to a fair and reasonable estimate of
the cost of constructing that type of vessel in
a foreign shipyard; and
``(iii) any other support payments needed
to make a vessel commercially viable in foreign
commerce.
``(B) Bid team.--In the case of an eligible entity
that is a bid team described in section 53601(4)(B),
such team shall jointly submit an application under
this subsection for inclusion in the Fleet.
``(4) Acceptance into fleet.--
``(A) In general.--The Administrator shall evaluate
eligible applications submitted under this subsection
in order to, in accordance with this paragraph, select
applications that meet the requirements of this section
for acceptance in the Fleet.
``(B) Citizenship preference.--In selecting
applications to meet the requirements of this section,
the Administrator shall ensure, to the extent
sufficient qualified applications are received under
this subsection, that not less than 25 percent of
vessels selected for the Fleet shall be owned or
operated by a covered entity that is, or a bid team led
by, a citizen of the United States under section 50501.
``(C) Priority.--In evaluating eligible
applications for selection in the Fleet and subject to
subparagraph (B), the Administrator shall give priority
to--
``(i) applications that represent the best
value to the Federal Government; and
``(ii) applications for vessels, or for
vessels providing services, that are determined
by the Maritime Security Board to have
capabilities critical to the national and
economic security of the United States.
``(D) Relationship to the tanker security fleet.--
If the most recent Mobility Capability Requirements
Study produced by United States Transportation Command
identifies a need for a fleet of tanker vessels that
are vessels of the United States that exceeds the size
of the Tanker Security Fleet established under chapter
534 of this title, the Administrator, in coordination
with the Maritime Security Board, may select for
inclusion in the Fleet a number of tanker vessels that
is consistent with the requirements of the Study.
``(E) Considerations for review.--In evaluating
eligible applications submitted under this subsection
for selection in the Fleet, the Administrator shall--
``(i) determine that any vessel so selected
will be suitable for use by the United States
for national defense or military purposes in
time of war or national emergency;
``(ii) determine that any vessel so
selected will aid in the promotion and
development of foreign commerce;
``(iii) determine that--
``(I) the proposed use of the
vessel in commercial service is
reasonable; and
``(II) the owner or operator of the
vessel possesses the ability,
experience, financial resources, and
other qualifications necessary for the
operation and maintenance of the
vessel;
``(iv) determine that a shipyard selected
to construct a vessel under this section
possesses the ability, experience, financial
resources, equipment, and other qualifications
necessary to properly construct the vessel;
``(v) determine that the price for the
construction (if applicable) and operation of a
vessel under this section is fair and
reasonable;
``(vi) consider whether the covered entity
commits to--
``(I) use equipment, materials, and
supplies that are produced in the
United States; and
``(II) utilize, to the maximum
extent practicable, subcontractors and
suppliers that are based in the United
States;
``(vii) consider whether the covered entity
commits to repair, repower, and recondition a
vessel under this section in a shipyard in the
United States; and
``(viii) consider whether the covered
entity has made commitments to worker and
community investment, including through--
``(I) programs to expand employment
opportunity for economically
disadvantaged individuals; or
``(II) securing commitments from
regional educational and training
entities and institutions of higher
education, as defined in section 102 of
the Higher Education Act of 1965 (20
U.S.C. 1002), to provide workforce
training, including programming for
training and job placement of
economically disadvantaged individuals.
``(5) Timing.--
``(A) Qualified foreign vessel.--Not later than 180
days after entering into an operating agreement under
section 53603 with a covered entity for inclusion of a
qualified foreign-built vessel into the Fleet, such
vessel shall be placed into service as part of the
Fleet.
``(B) Newly constructed vessel.--Not later than 36
months after entering into an operating agreement under
section 53603 with a covered entity for inclusion of a
newly constructed United States built vessel described
in paragraph (2)(A), such vessel shall be placed into
service as part of the Fleet.
``(C) Delayed admission.--The Administrator may
delay the entry of a vessel selected to participate in
the Fleet for--
``(i) a delay in the construction of such
vessel; or
``(ii) difficulty of the owner or operator
of such vessel in recruiting United States
mariners as required under section
53603(b)(1)(A).
``(d) Vessel Eligibility.--A vessel is eligible to be included in
the Fleet if--
``(1) the vessel--
``(A) is a vessel of the United States; or
``(B) is not a vessel of the United States, but--
``(i) the owner of the vessel has
demonstrated an intent to have the vessel
documented under chapter 121 of this title if
it is included in the Fleet; and
``(ii) by the time an operating agreement
is entered into under section 53603, the vessel
is documented under chapter 121 of this title;
``(2) the vessel is a United States built vessel or a
qualified foreign-built vessel;
``(3) the vessel is--
``(A) a bulk carrier vessel;
``(B) a tanker vessel;
``(C) a roll-on/roll-off vessel;
``(D) a liquefied natural gas tanker vessel;
``(E) a container vessel;
``(F) a multi-purpose vessel;
``(G) a cable vessel (as defined in section 53201
of this title);
``(H) a heavy-lift vessel; or
``(I) any other type of vessel determined
appropriate by the Administrator, in consultation with
the Maritime Security Board;
``(4) the vessel is operated (or will be operated) in
providing transportation in foreign commerce;
``(5) the vessel meets the requirements of paragraph (1),
(2), (3), or (4) of subsection (e);
``(6) the vessel--
``(A) is suitable for use by the United States for
national defense or military purposes in time of war or
national emergency, as determined by the Secretary of
Defense;
``(B) is commercially viable, as determined by the
Administrator; and
``(C) has dedicated space for the training of--
``(i) cadets of the Merchant Marine Academy
consistent with the requirements of section
51307(b);
``(ii) students of a State maritime
academy, consistent with the requirements of
section 51507; or
``(iii) participants in another workforce
training program identified by the
Administrator; and
``(7) the vessel will, for the period of an operating
agreement under section 53603 that applies to the vessel, meet
any other requirement determined appropriate by the
Administrator.
``(e) Requirements Regarding Citizenship of Owners, Charterers, and
Operators.--
``(1) Vessel owned and operated by section 50501
citizens.--A vessel meets the requirements of this paragraph
if, during the period of an operating agreement under this
chapter that applies to the vessel, the vessel will be owned
and operated by 1 or more persons that are citizens of the
United States under section 50501.
``(2) Vessel owned by section 50501 citizen or united
states citizen trust and chartered to documentation citizen.--A
vessel meets the requirements of this paragraph if--
``(A) during the period of an operating agreement
under this chapter that applies to the vessel, the
vessel will be--
``(i) owned by a person that is a citizen
of the United States under section 50501 of
this title or that is a United States citizen
trust; and
``(ii) demise chartered to a person--
``(I) that is eligible to document
the vessel under chapter 121 of this
title;
``(II) the chairman of the board of
directors, chief executive officer, and
a majority of the members of the board
of directors of which are citizens of
the United States under section 50501
of this title, and are appointed and
subjected to removal only upon approval
by the Administrator; and
``(III) that certifies to the
Administrator that there are no
treaties, statutes, regulations, or
other laws that would prohibit the
covered entity for the vessel from
performing its obligations under an
operating agreement under this chapter;
``(B) in the case of a vessel that will be demise
chartered to a person that is owned or controlled by
another person that is not a citizen of the United
States under section 50501 of this title, the other
person enters into an agreement with the Administrator
not to influence the operation of the vessel in a
manner that will adversely affect the interests of the
United States; and
``(C) the Administrator and the Secretary of
Defense notify the appropriate committees of Congress
that they concur with the certification required under
subparagraph (A)(ii)(III) and have reviewed and agree
that there are no other legal, operational, or other
impediments that would prohibit the covered entity for
the vessel from performing its obligations under an
operating agreement under this chapter.
``(3) Vessel owned and operated by defense contractor.--A
vessel meets the requirements of this paragraph if--
``(A) during the period of an operating agreement
under this chapter that applies to the vessel, the
vessel will be owned and operated by a person that--
``(i) is eligible to document a vessel
under chapter 121 of this title;
``(ii) operates or manages other United
States-documented vessels for the Secretary of
Defense, or charters other vessels to the
Secretary of Defense;
``(iii) has entered into a special security
agreement for purposes of this paragraph with
the Secretary of Defense;
``(iv) makes the certification described in
paragraph (2)(A)(ii)(III); and
``(v) in the case of a vessel described in
paragraph (2)(B), enters into an agreement
referred to in that paragraph; and
``(B) the Administrator and the Secretary of
Defense notify the appropriate committees of Congress
that they concur with the certification required under
subparagraph (A)(iv), and have reviewed and agree that
there are no other legal, operational, or other
impediments that would prohibit the covered entity for
the vessel from performing its obligations under an
operating agreement under this chapter.
``(4) Vessel owned by documentation citizen and chartered
to section 50501 citizen.--A vessel meets the requirements of
this paragraph if, during the period of an operating agreement
under this chapter that applies to the vessel, the vessel will
be--
``(A) owned by a person that is eligible to
document a vessel under chapter 121; and
``(B) demise chartered to a person that is a
citizen of the United States under section 50501.
``Sec. 53603. Operating agreements
``(a) In General.--The Administrator shall require, as a condition
of including any vessel in the Fleet, that the covered entity for the
vessel enter into an operating agreement under this section.
``(b) Requirements.--
``(1) General requirements.--An operating agreement
required under subsection (a) shall require the vessel subject
to such agreement to meet the following requirements:
``(A) During the period in which the vessel is
operating under the agreement--
``(i) the vessel will be crewed in
accordance with section 8103 of title 46,
United States Code;
``(ii) the vessel shall be operated within
the Fleet exclusively in foreign commerce and
not in coastwise trade;
``(iii) the covered entity will have in
effect an emergency preparedness agreement
described in section 53605 for the period of
such agreement; and
``(B) Beginning on the first day of the operating
agreement, the vessel will be permanently ineligible
for a coastwise endorsement under section 12112 of this
title or to otherwise participate in the coastwise
trade, even if the operating agreement is terminated or
not renewed.
``(2) Vessel repair requirements.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the operating agreement required under subsection
(a) shall--
``(i) require that the vessel subject to
such agreement undergo a set percentage, agreed
to between the Administrator and the covered
entity, of repair work (excluding necessary
repairs as described in paragraph (1) of
section 466(d) of the Tariff Act of 1930 (19
U.S.C. 1466(d)(1))) at a shipyard in the United
States; and
``(ii) prohibit the vessel subject to such
agreement from receiving repairs at a shipyard
in a foreign country of concern (as defined in
section 4 of the SHIPS for America Act of
2025).
``(B) Exception for interim vessels.--The
requirements of clauses (i) and (ii) of subparagraph
(A) shall not apply to interim vessels included in the
fleet under 53602(c)(2)(A)(ii).
``(C) Authority of the secretary of
transportation.--Notwithstanding any other provision of
law, the Secretary of Transportation may modify or
waive any requirement of subparagraph (A) only if the
Secretary, in consultation with the Maritime Security
Board--
``(i) determines that waiving such
requirements are in the national security
interest of the United States; and
``(ii) makes such a determination publicly
available in writing and submits the
determination to the appropriate committees of
Congress (as defined in section 4 of the
Shipbuilding and Harbor Infrastructure for
Prosperity and Security for America Act of
2025).
``(3) Coordination with coast guard regarding coastwise
trade prohibition.--The Administrator shall coordinate with the
Secretary of the Department in which the Coast Guard is
operating to ensure that any vessel that is, or was, covered by
an operating agreement under this chapter is permanently
ineligible for a coastwise endorsement under section 12112 of
this title or to otherwise participate in the coastwise trade,
as required under paragraph (1)(B).
``(c) Milestones and Payments.--The operating agreement shall--
``(1) prescribe specific milestones for project completion,
as agreed upon between the Administrator and the covered
entity; and
``(2) specify the schedule of operating support payments,
and as applicable, capital support payments and other
incentives and payments, based on completion of such milestones
and consistent with the eligible application submitted by the
covered entity under section 53602(c)(3)(A), as agreed to by
the Administrator and the covered entity.
``(d) Incentives.--
``(1) State of the art technology incentives.--An operating
agreement required under subsection (a) may include incentives
to support the testing or adoption of state of the art
technology, including artificial intelligence, advanced
shipbuilding techniques, automation, modern propulsion systems,
environmental performance, crew safety, national defense
features, and other technologies identified by the Maritime
Security Board to be relevant in advancing the military and
economic security of the United States.
``(2) Performance incentives.--The operating agreement may
include incentive payments for eligible entities that exceed
the milestones established under subsection (c)(1).
``(e) Term of Operating Agreement.--
``(1) In general.--An operating agreement to participate in
the Fleet shall be for a period of 7 years.
``(2) Renewal of agreement.--
``(A) In general.--A covered entity for a vessel
participating in the Fleet under an operating agreement
under this section may apply to renew such operating
agreement.
``(B) Renewal limitation.--An operating agreement
under this section may be renewed not more than 2
times.
``(3) Termination payment.--
``(A) No-fault termination during contract.--
Subject to subparagraph (B), a covered entity for a
vessel operating under an operating agreement under
this section shall receive a termination payment if any
of the following applies:
``(i) No-fault termination.--Capital
support payments provided to a covered entity
under an operating agreement are terminated
during a contract term.
``(ii) No-fault non-renewal.--An operating
agreement is not selected to be renewed under
paragraph (2).
``(B) Administrator determination for material lack
of compliance.--In any case in which the Administrator
determines under subsection (f) that a covered entity
for a vessel operating under an operating agreement
under this section materially fails to comply with the
terms of the operating agreement and, due to such
failure to comply, the operating agreement is
terminated or not selected for renewal, the
Administrator may determine that the covered entity is
not entitled to a termination payment and subparagraph
(A) shall not apply.
``(C) Termination payment defined.--In this
paragraph, the term `termination payment' means a
payment in an amount that equals the product of--
``(i) the percentage of the remaining
useful life of the vessel, calculated using 21
years as the maximum useful life of the vessel;
multiplied by
``(ii) the difference in the cost of
constructing the vessel in the United States
and the cost of constructing the vessel in a
foreign country, to the extent such cost
difference was not recovered by the covered
entity through payments received under any
operating agreement under this section.
``(f) Termination by Administrator for Lack of Program Participant
Compliance.--If a covered entity for a vessel operating under an
operating agreement under this section materially fails to comply with
the terms of the operating agreement--
``(1) the Administrator shall notify the covered entity and
provide a reasonable opportunity to comply with the operating
agreement; and
``(2) if the covered entity fails to achieve such
compliance, the Administrator--
``(A) shall terminate the operating agreement;
``(B) shall not renew the operating agreement under
subsection (e)(2); and
``(C) may take steps to recover an amount equal to
the payments and incentives provided to the covered
entity under this chapter.
``(g) Nonrenewal for Lack of Funds.--If, by the first day of a
fiscal year, sufficient funds have not been appropriated under the
authority provided by this chapter for that fiscal year, then the
Administrator shall notify the appropriate committees of Congress that
operating agreements authorized under this chapter for which sufficient
funds are not available will not be renewed for that fiscal year if
sufficient funds are not appropriated by the 60th day of that fiscal
year.
``(h) Release of Vessels From Obligations.--
``(1) In general.--A vessel covered by an operating
agreement under this chapter is released from any further
obligation under the operating agreement, except for the
requirements of paragraph (2), if--
``(A) the Administrator terminated or did not renew
the operating agreement under subsection (f);
``(B) the covered entity elects to not renew its
operating agreement with the Administrator;
``(C) the vessel is ineligible for renewal under
subsection (e)(2); or
``(D) funds are not appropriated to the
Administrator for payments under the operating
agreement under this chapter for any fiscal year by the
60th day of that fiscal year.
``(2) Coastwise trade.--Consistent with the requirements of
subsection (b)(1)(B), a vessel released from obligations under
paragraph (1) shall remain permanently ineligible for a
coastwise endorsement under section 12112 of this title or to
otherwise participate in the coastwise trade.
``(3) Authority to transfer vessel.--
``(A) In general.--After a vessel is released from
obligations under paragraph (1), the covered entity may
transfer and register such vessel under a foreign
registry that--
``(i) is acceptable to the Administrator
and the Secretary of Defense, and allows the
requisitioning of the vessel for title or use,
notwithstanding section 56101 of this title;
and
``(ii) is not a foreign country of concern.
``(B) Emergency acquisition of vessels.--If chapter
563 of this title is applicable to a vessel after
registration in a foreign registry described in
subparagraph (A), then the vessel is available to be
requisitioned by the Secretary of Transportation
pursuant to such chapter.
``(i) Judicial Review.--No court shall have jurisdiction to review
the Administrator's decision with respect to the award or non-award of
an operating agreement issued under this chapter.
``Sec. 53604. Payments
``(a) In General.--An operating agreement under this chapter shall
require that the Administrator make payments to the covered entity, in
accordance with the milestones established under section 53603(c)(1)
and the operating agreement under section 53603 and subject to the
availability of appropriations under subsection (e).
``(b) Limitations.--Notwithstanding any other provision of this
chapter, the Administrator shall not make any payment under this
chapter for a vessel--
``(1) with respect to any day for which--
``(A) the vessel is not operated or maintained in
accordance with an operating agreement under this
chapter;
``(B) the vessel is under a charter to the United
States Government; or
``(C) except as provided under subsection (c), the
vessel is engaged in transporting military or other
preference cargoes under section 55302(a), 55304,
55305, or 55314 of this title, section 2631 of title
10, or any other cargo preference law of the United
States; or
``(2) that participates in the coastwise trade in violation
of the operating agreement and section 53603(b)(1)(B).
``(c) Preference Cargos.--
``(1) In general.--The Secretary of Transportation may
waive the requirement of subsection (b)(1)(C) to the extent, in
the manner, and on the terms the Secretary prescribes, only
if--
``(A) the Administrator, acting in the
Administrator's capacity as Director of the National
Shipping Authority--
``(i) determines the non-availability of
qualified vessels of the United States that are
not enrolled in the Strategic Commercial Fleet;
and
``(ii) notifies the Secretary of such
determination;
``(B) the Secretary ensures reasonable notice has
been provided to the owners and operators of qualified
vessels of the United States that are not enrolled in
the Strategic Commercial Fleet prior to making the
waiver determination; and
``(C) by not later than 7 days after issuing a
waiver under this subsection, the Secretary notifies
the appropriate committees of Congress and posts such
waiver on a public website of the Maritime
Administration.
``(2) Non-delegation.--The Secretary of Transportation
shall not delegate the waiver authority provided under
paragraph (1).
``(d) Operating Agreement Is Obligation of United States
Government.--An operating agreement under this chapter constitutes a
contractual obligation of the United States Government to pay the
amounts provided for in the agreement, subject to the availability of
appropriations under subsection (e).
``(e) Appropriations From the Maritime Security Trust Fund.--
``(1) In general.--There is authorized to be appropriated
to the Administrator for payments to covered entities under
this section, out of the Maritime Security Trust Fund
established under section 50301(b) of this title--
``(A) for fiscal year 2026, $150,000,000;
``(B) for fiscal year 2027, $300,000,000;
``(C) for fiscal year 2028, $550,000,000;
``(D) for fiscal year 2029, $800,000,000;
``(E) for fiscal year 2030, $1,000,000,000;
``(F) for fiscal year 2031, $1,200,000,000;
``(G) for fiscal year 2032, $1,400,000,000;
``(H) for fiscal year 2033, $1,600,000,000;
``(I) for fiscal year 2034, $1,900,000,000; and
``(J) for fiscal year 2035, $2,100,000,000.
``(2) Availability.--Amounts made available under paragraph
(1) shall remain available until expended.
``(f) Clarification.--The provision by the Administrator of a
payment under this section shall not be considered to be a major
Federal action under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) or an undertaking for the purposes of division A
of subtitle III of title 54, United States Code.
``(g) Buy America.--Section 54101(d)(2) shall apply to any funds
obligated by the Administrator under this section that are used to
construct or repair a United States-built vessel.
``Sec. 53605. National security requirements
``(a) Emergency Preparedness Agreement Required.--The
Administrator, in coordination with the Secretary of Defense, shall
establish an emergency preparedness program under this section under
which the program participant for an operating agreement under this
chapter shall agree, as a condition of the operating agreement, to
enter into an emergency preparedness agreement with the Administrator.
The Administrator shall negotiate and enter into an emergency
preparedness agreement with each program participant as promptly as
practicable after the program participant has entered into the
operating agreement.
``(b) Use of Existing Program.--The Administrator may use an
existing emergency preparedness program, as of the date of enactment of
the Shipbuilding and Harbor Infrastructure for Prosperity and Security
for America Act of 2025, to satisfy the requirements of subsection (a).
``(c) Terms of Agreement.--The terms of an emergency preparedness
agreement under this section shall--
``(1) provide that upon request by the Secretary of Defense
during time of war or national emergency, or whenever
determined by the Secretary of Defense to be necessary for
national security or contingency operation (as that term is
defined in section 101(a) of title 10), the program participant
shall make available commercial transportation resources
(including services) described in subsection (e) to the
Secretary of Defense;
``(2) shall include such additional terms as may be
established by the Administrator and the Secretary of Defense;
and
``(3) shall allow for the modification or addition of terms
upon agreement by the Administrator and the program participant
and the approval by the Secretary of Defense.
``(d) Participation After Expiration of Operating Agreement.--The
Administrator may not require, through an emergency preparedness
agreement or an operating agreement, that a program participant covered
by an operating agreement continue to participate in an emergency
preparedness agreement after the operating agreement has expired
according to its terms or is otherwise no longer in effect. After the
expiration of an emergency preparedness agreement, a program
participant may voluntarily continue to participate in the agreement.
``(e) Resources Made Available.--The commercial transportation
resources to be made available under an emergency preparedness
agreement shall include vessels or capacity in vessels, terminal
facilities, management services, and other related services, or any
agreed portion of such nonvessel resources for activation as the
Secretary of Defense may determine to be necessary, seeking to minimize
disruption of the program participant's service to commercial
customers.
``(f) Compensation.--
``(1) In general.--The Administrator shall include in each
emergency preparedness agreement provisions approved by the
Secretary of Defense under which the Secretary of Defense shall
pay fair and reasonable compensation for all commercial
transportation resources provided pursuant to this section.
``(2) Specific requirements.--Compensation under this
subsection--
``(A) shall not be less than the program
participant's commercial market charges for like
transportation resources;
``(B) shall be fair and reasonable considering all
circumstances;
``(C) shall be provided from the time that a vessel
or resource is required by the Secretary of Defense
until the time it is redelivered to the program
participant and is available to reenter commercial
service; and
``(D) shall be in addition to and shall not in any
way reflect amounts payable under section 53604 of this
title.
``(g) Temporary Replacement Vessels.--Notwithstanding section
55302(a), 55304, 55305, or 55314 of this title, section 2631 of title
10, or any other cargo preference law of the United States--
``(1) a program participant may operate or employ in
foreign commerce a foreign vessel, or capacity in a foreign
vessel, as a temporary replacement for a vessel of the United
States or vessel of the United States capacity that is
activated by the Secretary of Defense under an emergency
preparedness agreement or a primary Department of Defense
sealift-approved readiness program; and
``(2) such replacement vessel or vessel capacity shall be
eligible during the replacement period to transport preference
cargoes subject to sections 55302(a), 55304, 55305, and 55314
of this title and section 2631 of title 10, to the same extent
as the eligibility of the vessel or vessel capacity replaced.
``(h) Redelivery and Liability of the United States for Damages.--
``(1) In general.--All commercial transportation resources
activated under an emergency preparedness agreement shall, upon
termination of the period of activation, be redelivered to the
program participant in the same good order and condition as
when received, less ordinary wear and tear, or the Secretary of
Defense shall fully compensate the program participant for any
necessary repair or replacement.
``(2) Limitation on united states liability.--Except as may
be expressly agreed in an emergency preparedness agreement, or
as otherwise provided by law, the Government shall not be
liable for disruption of a program participant's commercial
business or other consequential damages to the program
participant arising from the activation of commercial
transportation resources under an emergency preparedness
agreement.
``Sec. 53606. Regulations
``The Administrator and the Secretary of Defense may each prescribe
rules as necessary to carry out their respective responsibilities under
this chapter.''.
(b) Conforming Amendments.--Section 51307(b) of title 46, United
States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``, or the'' and inserting
``, the''; and
(ii) by inserting ``, or the Strategic
Commercial Fleet under chapter 536 of this
title'' before ``to--''; and
(B) in subparagraph (A), by striking ``or Tanker
Security Fleet vessel'' and inserting ``Tanker Security
Fleet vessel, or Strategic Commercial Fleet vessel'';
and
(2) in paragraph (2), by striking ``or 534'' and inserting
``534, or 536''.
(c) Clerical Amendment.--The table of chapters for subtitle V of
title 46, United States Code, is amended by inserting after the item
relating to chapter 535 the following:
``536. Strategic Commercial Fleet........................... 53601''.
SEC. 402. FLEET TESTING AND BRIEFING REQUIREMENT.
(a) Test.--Not later than 180 days after the date of enactment of
this Act, the Commander of the United States Transportation Command, in
coordination with the Secretary of the Navy and the Maritime
Administrator, shall devise a tabletop exercise to test the effective
control of the Maritime Security Fleet under chapter 531 of title 46,
United States Code, and the Tanker Security Fleet under chapter 534 of
such title, in case of crisis or war.
(b) Briefing.--After completion of the tabletop exercise under
subsection (a), the Commander shall submit to the appropriate
committees of Congress a briefing on the results of such tabletop
exercise.
(c) Annual Testing.--Beginning not later than 1 year after the
briefing is submitted under subsection (b), the Commander shall--
(1) carry out tabletop drills to test effective control of
the Maritime Security Fleet under chapter 531 of title 46,
United States Code, and the Tanker Security Fleet under chapter
534 of such title; and
(2) provide to the appropriate committees of Congress a
briefing after each such drill on the results of such drill.
SEC. 403. ASSESSMENT OF UNDERSEA CABLE REPAIR CONTINGENCIES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense, in coordination with
the Maritime Administrator, the Federal Communications Commission, and
other relevant Federal agencies, shall submit to the appropriate
committees of Congress an assessment on the ability and preparedness of
the USNS Zeus and the Cable Security Fleet under chapter 532 of title
46, United States Code, to repair transoceanic submarine fiber optic
cables that may be damaged or cut by adversaries.
(b) Contents.--The assessment under subsection (a) shall include--
(1) a description of preparedness to address a situation in
which the cables of partner countries in both the Pacific and
Atlantic Oceans are damaged or severed at or around the same
time;
(2) a determination as to how long it would take for the
Cable Security Fleet, in coordination with partner countries,
to repair such cables; and
(3) the options available to provide connectivity in an
emergency or crisis caused by, or related to, the damaging or
severing of such cables.
SEC. 404. MODIFICATION TO DUTIES RELATING TO EQUIPMENT AND REPAIR OF
VESSELS.
(a) In General.--Section 466 of the Tariff Act of 1930 (19 U.S.C.
1466) is amended--
(1) in subsection (a), in the first sentence, by striking
``50 per centum on the cost thereof in such foreign country''
and inserting ``70 percent of the cost thereof in such foreign
country or, in the case of a foreign country of concern (as
defined in section 4 of the Shipbuilding and Harbor
Infrastructure for Prosperity and Security for America Act of
2025), 200 percent of the cost thereof in such country''; and
(2) by adding at the end the following:
``(i) Temporary Exception for Repairs Made in Certain Countries.--
``(1) In general.--During the period beginning on the date
of enactment of the Shipbuilding and Harbor Infrastructure for
Prosperity and Security for America Act of 2025 and ending on
December 31, 2035, the duty imposed under subsection (a) shall,
except as provided by paragraph (2), not apply to the cost of
equipment, or any part of equipment, purchased for, or expenses
of repair parts or materials to be used for, or repairs made in
a foreign country on, a vessel engaged in foreign trade if the
Maritime Administrator confirms that--
``(A) the vessel--
``(i) is participating in--
``(I) the Maritime Security Fleet
under chapter 531 of title 46, United
States Code;
``(II) the Cable Security Fleet
under chapter 532 of such title;
``(III) the Tanker Security Fleet
under chapter 534 of such title; or
``(IV) the Strategic Commercial
Fleet under chapter 536 of such title;
or
``(ii) has entered into an emergency
preparedness agreement under section 53107 or
53407 of title 46, United States Code, or a
contingency agreement under section 53207 of
such title, or has otherwise entered into a
voluntary agreement and plan of action with the
Maritime Administrator as authorized under
section 708(c) of the Defense Production Act of
1950 (50 U.S.C. 4558(c)); and
``(B) the owner or master of the vessel certifies
to the Maritime Administrator in writing that a good
faith effort was made to purchase equipment or carry
out repairs in a shipyard in the United States.
``(2) Inapplicability to foreign countries of concern.--
Duty-free treatment under paragraph (1) does not apply with
respect to the cost of equipment, or any part of equipment,
purchased for repairs made in a foreign country of concern (as
defined in section 4 of the Shipbuilding and Harbor
Infrastructure for Prosperity and Security for America Act of
2025) on a vessel engaged in foreign trade, or expenses of
repair parts or materials to be used for such repairs, or other
expenses of such repairs.''.
(b) Report Required.--Not less than 2 years after the date of
enactment of this Act, and every 2 years thereafter through December
31, 2035, the Maritime Administrator shall submit to the appropriate
committees of Congress a report--
(1) describing the number of vessels that paid the duties
under section 466 of the Tariff Act of 1930 (19 U.S.C. 1466),
and the location where the repairs described in such section
occurred;
(2)(A) identifying shipyards of the United States that have
capacity to carry out vessel repairs; and
(B) describing the extent to which vessels of the United
States chose to conduct repairs in such shipyards during the
period covered by the report;
(3) evaluating the effectiveness of section 466 of the
Tariff Act of 1930 (19 U.S.C. 1466) in encouraging the repair
of vessels of the United States in shipyards of the United
States; and
(4) making recommendations for additional regulatory or
legislative steps which could be taken to support the United
States vessel repair industrial base.
(c) Effective Date.--The amendments made by subsection (a) apply
with respect to parts, materials, and equipment purchased, and repairs
to vessels initiated, after the date of enactment of this Act.
Subtitle B--Cargo Preference
SEC. 411. UNITED STATES GOVERNMENT CARGO.
(a) Sense of Congress.--It is the sense of Congress that--
(1) only the Maritime Administrator, acting in the
Administrator's capacity as Director of the National Shipping
Authority, has the authority to determine the non-availability
of qualified capacity of vessels of the United States (referred
to in this subsection as ``qualified United States flag
capacity'') at fair and reasonable rates for commercial vessels
of the United States to meet the requirements of section 55305
or 55314 of title 46, United States Code;
(2) the requirements of section 55305 or 55314 of title 46,
United States Code, may only be waived temporarily by the
President, the Secretary of Defense, or the Secretary of
Transportation during a declared emergency justifying such a
temporary waiver, following a determination by the Maritime
Administrator, acting in the Maritime Administrator's capacity
as Director of the National Shipping Authority, of the non-
availability of qualified United States flag capacity at fair
and reasonable rates for commercial vessels of the United
States pursuant to section 55305(d) of title 46, United States
Code; and
(3) nothing in title II of the Food for Peace Act (7 U.S.C.
1721 et seq.) authorizes an agency to waive the requirements of
section 55305 or 55314 of title 46, United States Code, without
first obtaining--
(A) delegated authority from the President of the
United States;
(B) an emergency declaration justifying such a
temporary waiver, pursuant to section 55305(d) of title
46, United States Code; and
(C) a determination by the Maritime Administrator,
acting in the Maritime Administrator's capacity as
Director of the National Shipping Authority, on the
non-availability of qualified United States flag
capacity at fair and reasonable rates for commercial
vessels of the United States pursuant to section
55305(d) of title 46, United States Code.
(b) Applicable Percentage.--
(1) In general.--Section 55305(a) of title 46, United
States Code, is amended by striking ``at least 50'' and
inserting ``100''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that is 180 days after the date
of enactment of this Act.
(c) Waiver.--Section 55305(d)(1) of title 46, United States Code,
is amended to read as follows:
``(1) Waiver authority.--
``(A) In general.--Notwithstanding any other
provision of law, when the President, the Secretary of
Defense, or the Secretary of Transportation declares
the existence of an emergency justifying a temporary
waiver of this section or section 55314 of this title,
the President, the Secretary of Defense, or the
Secretary of Transportation, following a determination
by the Maritime Administrator, acting in the
Administrator's capacity as Director, National Shipping
Authority, in consultation with the Maritime Security
Board, of the non-availability of qualified United
States flag capacity at fair and reasonable rates for
commercial vessels of the United States to meet the
requirements of this section or section 55314 of this
title, may waive compliance with such section to the
extent, in the manner, and on the terms the Maritime
Administrator, acting in such capacity, prescribes, and
no other waivers of the requirements of this section or
section 55314 of this title shall be authorized.
``(B) Interagency agreement for the determination
of non-availability.--
``(i) In general.--Not later than 180 days
after the date of enactment of the SHIPS for
America Act of 2025, the Maritime Security
Advisor shall facilitate an interagency
agreement between the Maritime Administrator
and the head of each agency subject to the
requirements of subsection (a).
``(ii) Contents.--Each interagency
agreement shall include--
``(I) an explanation of the process
the agency shall follow to request a
determination of non-availability by
the Maritime Administrator under
subparagraph (A);
``(II) a standard process that the
Maritime Administrator shall follow for
making such a determination of non-
availability; and
``(III) deadlines--
``(aa) for when an agency
shall submit a request for such
a determination of non-
availability prior to the
transportation of equipment,
materials, or commodities
subject to subsection (a); and
``(bb) for when the
Maritime Administrator shall
make such a determination of
non-availability after
receiving a request for a
temporary waiver under
subparagraph (A).
``(iii) Congressional notification.--The
Maritime Security Advisor shall notify the
appropriate committees of Congress--
``(I) when each interagency
agreement required under this
subparagraph is finalized; and
``(II) any time that an interagency
agreement required under this
subparagraph is updated.''.
(d) Clarification.--Section 55305(d)(3)(B) of title 46, United
States Code, is amended by inserting ``Maritime Security Board and
the'' after ``to the''.
SEC. 412. CARGO PREFERENCE IMPLEMENTATION REGULATIONS.
(a) Regulations and Guidance.--Not later than 180 days after the
date of enactment of this Act, the Maritime Administrator,
notwithstanding any other provision of law, regulation, or
administrative order, shall--
(1) promulgate regulations under subchapter III of chapter
5 of title 5, United States Code, to fully implement and ensure
compliance with sections 55305, 55314, 55315, and 55316 of
title 46, United States Code;
(2) issue interagency guidance to other Federal departments
and agencies on how to administer the programs that are subject
to such sections in accordance with those sections, as
applicable; and
(3) publish such guidance in the Federal Register and on
the website of the Maritime Administration.
(b) Consultation.--The Administrator may consult with the Food Aid
Consultative Group established by section 205 of the Food for Peace Act
(7 U.S.C. 1725) in carrying out this section.
(c) Repeal of Earlier Regulatory Deadline.--Subsection (a) of
section 3502 of the James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023 (46 U.S.C. 55305 note; Public Law 117-263), is
repealed.
SEC. 413. CARGO PREFERENCE OVERSIGHT AND AUDIT.
Section 55301 of title 46, United States Code, is amended--
(1) in subsection (a)(2), by striking ``section 55305'' and
inserting ``sections 55305, 55314, 55315, and 55316''; and
(2) by adding at the end the following:
``(d) Notification of Violation.--The Maritime Administrator
shall--
``(1) upon receiving any credible information, as
determined by the Administrator, that a Federal department or
agency that administers a program covered by a report required
under subsection (a) was not in compliance with the
requirements of section 55305, 55314, 55315, or 55316 of this
title (as applicable), notify the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives not later than 14 days after receiving such
information; and
``(2) upon receiving any credible information, as
determined by the Administrator, that a Federal department or
agency that administers a program covered by a report required
under subsection (a) was not in compliance with the
requirements of section 2631 of title 10, United States Code,
notify the Committee on Commerce, Science, and Transportation
and the Committee on Armed Services of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on Armed Services of the House of Representatives not
later than 14 days after receiving such information.''.
SEC. 414. FINANCING THE TRANSPORTATION OF AGRICULTURAL PRODUCTS AND
OTHER CARGO.
(a) In General.--Subchapter II of chapter 553 of title 46, United
States Code, is amended by inserting after section 55315 the following:
``Sec. 55316. Financing the transportation of agricultural products and
other cargo
``(a) Financing of Increased Costs.--The Secretary of
Transportation shall finance any reasonable increased ocean freight
costs, as assessed by the Maritime Administrator, incurred in any
fiscal year by a covered agency that result from the application of
section 55305 of this title, including the application of such section
to the activities specified in section 55314(b) of this title.
``(b) Reimbursement of Increased Costs.--
``(1) In general.--The Secretary of Transportation shall
reimburse a covered agency for the amount by which, in any
fiscal year--
``(A) the total cost of ocean freight and ocean
freight differential for which obligations are incurred
by the covered agency under section 55305 of this
title, including pursuant to the application of such
section to the activities specified in section 55314(b)
of this title; exceeds; and
``(B) 20 percent of the total value of the cargo,
including agricultural products, transported under such
section 55305, including pursuant to the application of
such section to such activities, and the cost of the
ocean freight and ocean freight differential, as
assessed by the Maritime Administrator, on which
obligations are incurred by the covered agency during
that fiscal year.
``(2) Agricultural products shipped from inventory.--For
purposes of this subsection, agricultural products shipped from
the inventory of the Corporation shall be valued as provided in
section 412(d) of the Food for Peace Act (7 U.S.C. 1736f(d)).
``(c) Interagency Agreement.--
``(1) In general.--Not later than 180 days after the date
of enactment of the SHIPS for America Act of 2025, the
Secretary of Transportation shall enter into an interagency
agreement with the head of each agency entitled to a
reimbursement under subsection (b)(1).
``(2) Contents.--Each interagency agreement shall include--
``(A) an explanation of the process the agency
shall follow to receive a reimbursement from the
Secretary of Transportation under this section;
``(B) a standard methodology for calculating the
reimbursement an agency is entitled to under this
section; and
``(C) deadlines--
``(i) by which an agency shall submit a
reimbursement request in order to receive
reimbursement; and
``(ii) by which the Secretary of
Transportation shall approve a properly filed
reimbursement request, which date shall not be
more than 90 days after the date on which the
reimbursement request is submitted.
``(3) Congressional notification.--The Secretary of
Transportation shall notify the appropriate committees of
Congress--
``(A) when each interagency agreement required
under this subsection is finalized; and
``(B) any time that an interagency agreement
required under this subsection is updated.
``(d) Agricultural Product Defined.--In this section, the term
`agricultural product' has the meaning given the term in section 55314
of title 46, United States Code.
``(e) Audit Required.--
``(1) In general.--For each fiscal year, the Inspector
General of the Department of Transportation shall conduct an
audit of all reimbursements made by the Secretary of
Transportation under this section during such fiscal year to
ensure all such reimbursements were made in accordance with the
requirements of this section.
``(2) Documents required.--Each agency entitled to
reimbursement under subsection (b) shall--
``(A) provide to the Inspector General any
documents or other information requested by the
Inspector General in order to complete the audit,
including the information described in subparagraph
(B); and
``(B) require any party that enters into a contract
with such agency related to the implementation of
section 55305 of this title, or any activities
specified in section 55314(b) of this title, to provide
the agency, as a condition for entering into such
contract, with information relevant for the audit as
determined by the Inspector General.
``(3) Report.--Not later than 90 days after the end of each
fiscal year, the Inspector General shall submit a report
detailing the findings of such audit with respect to such
fiscal year to the appropriate committees of Congress and make
the report publicly available.
``(f) Authorization of Appropriations.--For each fiscal year, there
is authorized to be appropriated, out of the Maritime Security Trust
Fund established under section 50301(b) of this title, an amount
sufficient to reimburse the Secretary of Transportation for the costs
incurred under this section, including administrative expenses.
``(g) Definition of Covered Agency.--For purposes of this section,
the term `covered agency' means any agency that administers an activity
specified in section 55314(b) of this title.''.
(b) Clerical Amendment.--The table of sections for subchapter II of
chapter 553 of title 46, United States Code, is amended by inserting
after the item relating to section 55315 the following:
``55316. Financing the transportation of agricultural products and
other cargo.''.
SEC. 415. IMPORTATION FROM CHINA ON AMERICAN SHIPS.
(a) In General.--Chapter 605 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 60508. Importation on American ships
``(a) In General.--Notwithstanding any other provision of law, not
less than the covered percentage, as described in subsection (b), of
covered goods by tonnage imported into the United States from a foreign
port shall be imported on a vessel that is--
``(1) a vessel of the United States;
``(2) crewed by United States mariners; and
``(3) built in the United States.
``(b) Percentage.--A covered percentage under this section is the
following:
``(1) One percent in the year that is 5 years after the
date of enactment of this section.
``(2) Two percent in the year that is 6 years after the
date of enactment of this section.
``(3) Three percent in the year that is 7 years after the
date of enactment of this section.
``(4) Four percent in the year that is 8 years after the
date of enactment of this section.
``(5) Five percent in the year that is 9 years after the
date of enactment of this section.
``(6) Six percent in the year that is 10 years after the
date of enactment of this section.
``(7) Seven percent in the year that is 11 years after the
date of enactment of this section.
``(8) Eight percent in the year that is 12 years after the
date of enactment of this section.
``(9) Nine percent in the year that is 13 years after the
date of enactment of this section.
``(10) Ten percent in the year that is 14 years after the
date of enactment of this section.
``(c) Application.--The requirement under subsection (a) shall be
applied to any shipper importing goods into the United States that
originates from a foreign port or place.
``(d) Fine for Failure To Comply.--
``(1) In general.--On an annual basis, the Maritime
Administrator shall issue a fine to any entity failing to
comply with the requirements under this section.
``(2) Amount.--The amount of a fine under this section
shall be in an amount set by the Maritime Administrator that is
greater than the difference in cost between--
``(A) the cost of employing a vessel of the United
States that is built in the United States and crewed by
United States mariners; and
``(B) the cost of employing a foreign vessel that
is registered under the laws of a country with an open
registry and is built outside of the United States.
``(3) Use of amounts.--Any amount collected under this
subsection shall be deposited in the Maritime Security Trust
Fund.
``(e) Rulemaking Required.--Not later than 4 years after the date
of enactment of this section, the Maritime Administrator, in
coordination with the Secretary of Homeland Security and the Chairman
of the Federal Maritime Commission, shall promulgate a final rule that
establishes a system that--
``(1) identifies persons and goods that are subject to the
requirements of this section;
``(2) establishes requirements for such persons and goods
that meet the applicable percentages established under
subsection (b);
``(3) establishes clear enforcement mechanisms to ensure
compliance with this section; and
``(4) determines the amount of a fine issued under
subsection (d).
``(f) Definitions.--In this section:
``(1) Country with an open registry.--The term `country
with an open registry' means a country that allows vessels to
be documented under the laws of the country, without regard to
the citizenship of the owner of the vessel or the citizenship
of the crew of the vessel.
``(2) Covered goods.--The term `covered goods' means goods
manufactured in the People's Republic of China.
``(3) Shipper.--The term `shipper' has the meaning given
such term in section 40102 of this title.''.
(b) Clerical Amendment.--The table of sections for chapter 605 of
title 46, United States Code, is amended by adding at the end the
following:
``60508. Importation on American ships.''.
SEC. 416. PRIORITY FOR VESSELS OF THE UNITED STATES.
(a) In General.--Part D of subtitle V of title 46, United States
Code, is amended by inserting after chapter 553 the following:
``CHAPTER 555--PRIORITY FOR VESSELS OF THE UNITED STATES
``Sec.
``55501. Priority for vessels of the United States.
``Sec. 55501. Priority for vessels of the United States
``(a) In General.--The Secretary of Transportation may allow a
vessel of the United States to be given priority at any port in the
United States, ahead of a waiting vessel of a foreign country of
concern (as defined in section 4 of the SHIPS for America Act of 2025)
or owned by a foreign entity of concern (as so defined).
``(b) Exception.--Notwithstanding subsection (a), if the Secretary
of Transportation finds that it is in the national interest, the
Secretary may eliminate the priority under this section at any port.
The Secretary shall report to the appropriate committees of Congress,
as defined in section 4 of the SHIPS for America Act of 2025, by not
later than 30 days after an action eliminating priority under this
section.''.
(b) Clerical Amendment.--The table of chapters for subtitle V of
title 46, United States Code, is amended by inserting after the item
relating to chapter 553 the following:
``555. Priority for vessels of the United States............ 55501''.
SEC. 417. MOVING CARGO ON VESSELS OF THE UNITED STATES.
(a) Assessment Required.--Not later than 180 days after the date of
enactment of this Act, the Maritime Security Advisor, in consultation
with the Secretary of Transportation, the Secretary of Commerce, the
Chairman of the Federal Maritime Commission, and the United States
Trade Representative, shall--
(1) conduct an assessment that identifies authorities
available under current Federal law, as of the date of such
identification, that may be utilized to incentivize the
movement of commercial cargo on vessels of the United States in
international commerce;
(2) review methods for greater assurances of access, in
crisis and conflict, to vessels of international allies and
partners of the United States; and
(3) makes recommendations to the President to utilize such
authorities.
(b) Inclusions.--The assessment required under subsection (a) shall
include an evaluation of--
(1) tax benefits for taxpayers who ship goods aboard
vessels of the United States;
(2) modifications to import and export duties for goods
imported or exported aboard vessels of the United States;
(3) privileges for vessels of the United States that enable
vessels of the United States to provide improved service
relative to other vessels in international commerce; and
(4) any other authorities that would incentivize the
movement of goods aboard vessels of the United States.
(c) Report to Congress.--Upon carrying out the assessment required
under subsection (a), the Maritime Security Advisor shall submit to the
appropriate committees of Congress--
(1) a list of the recommendations made under subsection
(a)(3); and
(2) a list of additional actions that could be taken by
Congress to further incentivize the movement of commercial
cargo on vessels of the United States.
(d) Definition.--In this section, the term ``vessel of the United
States'' has the meaning given the term in section 116 of title 46,
United States Code.
SEC. 418. TRANSPORTATION REQUIREMENTS FOR CERTAIN EXPORTS SPONSORED BY
THE SECRETARY OF AGRICULTURE.
Section 55314 of title 46, United States Code, is amended--
(1) by inserting before subsection (b) the following:
``(a) Applicability.--The requirements under section 55305 of this
title shall apply with respect to the activities specified in
subsection (b).'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``Secretary of Agriculture or the Commodity
Credit Corporation'' and inserting ``Federal
Government'';
(B) in paragraph (1), by inserting ``titles I, II,
or III of'' after ``carried out under'';
(C) in paragraph (4), by striking ``agricultural
commodities or their products'' and inserting
``agricultural products'';
(D) in paragraph (5), by striking ``agricultural
commodities or their products'' and inserting
``agricultural products'';
(E) in paragraph (6), by striking ``agricultural
commodities or their products'' and inserting
``agricultural products'';
(F) in paragraph (7), by striking ``agricultural
commodities'' and inserting ``agricultural products'';
(G) by redesignating paragraphs (4), (5), (6), and
(7) as paragraphs (6), (7), (8), and (9), respectively;
and
(H) by inserting after paragraph (3) the following:
``(4) carried out under the Food for Progress Act of 1985
(7 U.S.C. 1736o);
``(5) carried out under the McGovern-Dole International
Food for Education and Child Nutrition Program under section
3107 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 1736o-1);''; and
(3) by adding at the end the following:
``(c) Agricultural Product Defined.--In this section, the term
`agricultural product' means any food product, including an
agricultural commodity (as such term is defined in section 402 of the
Food for Peace Act (7 U.S.C. 1732)), specialty crop (as such term is
defined in section 3 of the Specialty Crops Competitiveness Act of 2004
(7 U.S.C. 1621 note)), or processed food product, exported from the
United States.''.
SEC. 419. CLARIFYING AMENDMENTS.
(a) Agricultural Commodities Emergency Assistance Clarification.--
Section 202(a) of the Food for Peace Act (7 U.S.C. 1722(a)) is amended
by striking ``Notwithstanding'' and inserting ``Subject to the
requirements of sections 55305 and 55314 of title 46, United States
Code, and notwithstanding''.
(b) Administrative Provisions Clarification.--Section 407(b)(2)(A)
of the Food for Peace Act (7 U.S.C. 1736a(b)(2)(A)) is amended by
striking ``Notwithstanding'' and inserting ``Subject to the
requirements of sections 55305 and 55314 of title 46, United States
Code, and notwithstanding''.
(c) Emergency Food Security Program Clarification.--Section
491(c)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2292(c)(1))
is amended by inserting ``and the requirements of sections 55305 and
55314 of title 46, United States Code'' after ``section 492''.
SEC. 420. ENERGIZING AMERICAN SHIPBUILDING.
(a) National Policy on Strategic Energy Asset Export
Transportation.--
(1) Requirement for transportation of exports of natural
gas on vessels documented under laws of the united states.--
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by
adding at the end the following:
``(g) Transportation of Exports of Natural Gas on Vessels
Documented Under Laws of the United States.--
``(1) Condition for approval.--Except as provided in
paragraph (7), with respect to an application to export natural
gas under subsection (a), the Commission shall include in the
order issued for that application the condition that the person
transport the natural gas on a vessel that meets the
requirements described in paragraph (3).
``(2) Purpose.--The purpose of the requirement under
paragraph (1) is to ensure that, of all natural gas exported by
vessel in a calendar year, the following percentage is exported
by a vessel that meets the requirements described in paragraph
(3):
``(A) In each of the 7 calendar years following the
calendar year in which this subsection is enacted, not
less than 2 percent.
``(B) In each of the 8th and 9th calendar years
following the calendar year in which this subsection is
enacted, not less than 3 percent.
``(C) In each of the 10th and 11th calendar years
following the calendar year in which this subsection is
enacted, not less than 4 percent.
``(D) In each of the 12th and 13th calendar years
following the calendar year in which this subsection is
enacted, not less than 6 percent.
``(E) In each of the 14th and 15th calendar years
following the calendar year in which this subsection is
enacted, not less than 7 percent.
``(F) In each of the 16th and 17th calendar years
following the calendar year in which this subsection is
enacted, not less than 9 percent.
``(G) In each of the 18th and 19th calendar years
following the calendar year in which this subsection is
enacted, not less than 11 percent.
``(H) In each of the 20th and 21st calendar years
following the calendar year in which this subsection is
enacted, not less than 13 percent.
``(I) In the 22nd calendar year after the calendar
year in which this subsection is enacted and each
calendar year thereafter, not less than 15 percent.
``(3) Requirements for vessels.--A vessel meets the
requirements described in this paragraph--
``(A) with respect to each of the 5 calendar years
following the calendar year in which this subsection is
enacted--
``(i) if--
``(I) the vessel is documented
under the laws of the United States;
and
``(II) with respect to any retrofit
work necessary for the vessel to export
natural gas--
``(aa) such work is done in
a shipyard in the United
States; and
``(bb) any component of the
vessel listed in paragraph (4)
that is installed during the
course of such work is
manufactured in the United
States; or
``(ii) if--
``(I) the vessel is built in the
United States;
``(II) the vessel is documented
under the laws of the United States;
``(III) all major components of the
hull or superstructure of the vessel
are manufactured (including all
manufacturing processes from the
initial melting stage through the
application of coatings for iron or
steel products) in the United States;
and
``(IV) the components of the vessel
listed in paragraph (4) are
manufactured in the United States; and
``(B) with respect to the 6th calendar year
following the calendar year in which this subsection is
enacted, and each calendar year thereafter, if the
vessel meets the requirements of subparagraph (A)(ii).
``(4) Components.--The components of a vessel listed in
this paragraph are the following:
``(A) Air circuit breakers.
``(B) Welded shipboard anchor and mooring chain.
``(C) Powered and non-powered valves in Federal
Supply Classes 4810 and 4820 used in piping.
``(D) Machine tools in the Federal Supply Classes
for metal-working machinery numbered 3405, 3408, 3410
through 3419, 3426, 3433, 3438, 3441 through 3443,
3445, 3446, 3448, 3449, 3460, and 3461.
``(E) Auxiliary equipment for shipboard services,
including pumps.
``(F) Propulsion equipment, including engines,
propulsion motors, reduction gears, and propellers.
``(G) Shipboard cranes.
``(H) Spreaders for shipboard cranes.
``(I) Rotating electrical equipment, including
electrical alternators and motors.
``(J) Compressors, pumps, and heat exchangers used
in managing and re-liquefying boil-off gas from
liquefied natural gas.
``(5) Waiver authority.--The Commission may waive the
requirement under clause (i)(II)(bb) or (ii)(IV), as
applicable, of paragraph (3)(A) with respect to a component of
a vessel if the Maritime Administrator determines that--
``(A) application of the requirement would--
``(i) result in an increase of 25 percent
or more in the cost of the component of the
vessel; or
``(ii) cause unreasonable delays to be
incurred in building or retrofitting the
vessel; or
``(B) such component is not manufactured in the
United States in sufficient and reasonably available
quantities of a satisfactory quality.
``(6) Opportunities for credentialed merchant mariners.--
Except as provided in paragraph (7), the Commission shall
include, in any order issued under subsection (a) that
authorizes a person to export natural gas, a condition that the
person provide opportunities for individuals with a merchant
mariner credential (as defined in section 2101 of title 46,
United States Code) to receive experience and training
necessary to become credentialed in working on a vessel
transporting natural gas.
``(7) Exception.--The Commission may not include in any
order issued under subsection (a) authorizing a person to
export natural gas to a nation with which there is in effect a
free trade agreement requiring national treatment for trade in
natural gas a condition described in paragraph (1), or a
condition described in paragraph (6), if the United States
Trade Representative certifies to the Commission, in writing,
that such condition would violate obligations of the United
States under such free trade agreement.
``(8) Use of federal information.--In carrying out
paragraph (1), the Commission--
``(A) shall use information made available by--
``(i) the Energy Information
Administration; or
``(ii) any other Federal agency or entity
the Commission determines appropriate; and
``(B) may use information made available by a
private entity only if applicable information described
in subparagraph (A) is not available.''.
(2) Conforming amendment.--Section 3(c) of the Natural Gas
Act (15 U.S.C. 717b(c)) is amended by striking ``or the
exportation of natural gas'' and inserting ``or, subject to
subsection (g), the exportation of natural gas''.
(b) Crude Oil.--Section 101 of title I of division O of the
Consolidated Appropriations Act, 2016 (42 U.S.C. 6212a) is amended--
(1) in subsection (b), by striking ``subsections (c) and
(d)'' and inserting ``subsections (c), (d), and (f)''; and
(2) by adding at the end the following:
``(f) Transportation of Exports of Crude Oil on Vessels Documented
Under Laws of the United States.--
``(1) In general.--Notwithstanding any other provision of
law and except as provided in paragraph (6), as a condition to
export crude oil, the President shall require that a person
exporting crude oil transport the crude oil on a vessel that
meets the requirements described in paragraph (3).
``(2) Purpose.--The purpose of the requirement under
paragraph (1) is to ensure that, of all crude oil exported by
vessel in a calendar year, the following percentage is exported
by a vessel that meets the requirements described in paragraph
(3):
``(A) In each of the 7 calendar years following the
calendar year in which this subsection is enacted, not
less than 3 percent.
``(B) In each of the 8th, 9th, and 10th calendar
years following the calendar year in which this
subsection is enacted, not less than 6 percent.
``(C) In each of the 11th, 12th, and 13th calendar
years following the calendar year in which this
subsection is enacted, not less than 8 percent.
``(D) In the 14th calendar year following the
calendar year in which this subsection is enacted and
each calendar year thereafter, not less than 10
percent.
``(3) Requirements for vessels.--A vessel meets the
requirements described in this paragraph--
``(A) with respect to each of the 4 calendar years
following the calendar year in which this subsection is
enacted--
``(i) if--
``(I) the vessel is documented
under the laws of the United States;
and
``(II) with respect to any retrofit
work necessary for the vessel to export
crude oil--
``(aa) such work is done in
a shipyard in the United
States; and
``(bb) any component of the
vessel listed in paragraph (4)
that is installed during the
course of such work is
manufactured in the United
States; or
``(ii) if--
``(I) the vessel is built in the
United States;
``(II) the vessel is documented
under the laws of the United States;
``(III) all major components of the
hull or superstructure of the vessel
are manufactured (including all
manufacturing processes from the
initial melting stage through the
application of coatings for iron or
steel products) in the United States;
and
``(IV) the components of the vessel
listed in paragraph (4) are
manufactured in the United States; and
``(B) with respect to the 5th calendar year
following the calendar year in which this subsection is
enacted and each calendar year thereafter, if the
vessel meets the requirements of subparagraph (A)(ii).
``(4) Components.--The components of a vessel listed in
this paragraph are the following:
``(A) Air circuit breakers.
``(B) Welded shipboard anchor and mooring chain.
``(C) Powered and non-powered valves in Federal
Supply Classes 4810 and 4820 used in piping.
``(D) Machine tools in the Federal Supply Classes
for metal-working machinery numbered 3405, 3408, 3410
through 3419, 3426, 3433, 3438, 3441 through 3443,
3445, 3446, 3448, 3449, 3460, and 3461.
``(E) Auxiliary equipment for shipboard services,
including pumps.
``(F) Propulsion equipment, including engines,
propulsion motors, reduction gears, and propellers.
``(G) Shipboard cranes.
``(H) Spreaders for shipboard cranes.
``(I) Rotating electrical equipment, including
electrical alternators and motors.
``(5) Waiver authority.--The President may waive the
requirement under clause (i)(II)(bb) or clause (ii)(IV), as
applicable, of paragraph (3)(A) with respect to a component of
a vessel if the Maritime Administrator determines that--
``(A) application of the requirement would--
``(i) result in an increase of 25 percent
or more in the cost of the component of the
vessel; or
``(ii) cause unreasonable delays to be
incurred in building or retrofitting the
vessel; or
``(B) such component is not manufactured in the
United States in sufficient and reasonably available
quantities of a satisfactory quality.
``(6) Exception.--The President may not, under paragraph
(1), condition the export of crude oil to a nation with which
there is in effect a free trade agreement requiring national
treatment for trade in crude oil if the United States Trade
Representative certifies to the President, in writing, that
such condition would violate obligations of the United States
under such free trade agreement.
``(7) Opportunities for credentialed merchant mariners.--
The Maritime Administrator shall ensure that the owner or
operator of a vessel transporting crude oil provides
opportunities for individuals with a merchant mariner
credential (as defined in section 2101 of title 46, United
States Code) to receive experience and training necessary to
become credentialed in working on such vessels.
``(8) Use of federal information.--In carrying out
paragraph (1), the President--
``(A) shall use information made available by--
``(i) the Energy Information
Administration; or
``(ii) any other Federal agency or entity
the Commission determines appropriate; and
``(B) may use information made available by a
private entity only if applicable information described
in subparagraph (A) is not available.''.
(c) Energy Information Administration Information.--The Secretary
of Energy, acting through the Administrator of the Energy Information
Administration (referred to in this section as the ``Secretary''),
shall collect, and make readily available to the public on the internet
website of the Energy Information Administration, information on
exports by vessel of natural gas and crude oil, including--
(1) forecasts for, and data on, those exports for the
calendar year following the calendar year in which this Act is
enacted and each calendar year thereafter; and
(2) forecasts for those exports for multiyear periods after
the date of enactment of this Act, as determined appropriate by
the Secretary.
SEC. 421. GOODS IMPORTED ON VESSELS OF THE UNITED STATES.
Chapter 605 of title 46, United States Code, is amended--
(1) in section 60502(a)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``the vessel'';
(B) in subparagraph (A), by striking ``is
entitled'' and all that follows through ``imported in''
and inserting the following: ``the cost of importing
goods aboard the vessel is comparable to or greater
than the cost of importing goods aboard''; and
(C) in subparagraph (B)--
(i) by striking ``(i) is owned'' and
inserting the following: ``the vessel--
``(i) is owned''; and
(ii) by adjusting the margins of clause
(ii) appropriately; and
(2) in section 60503(a), by inserting ``, except for the
duties imposed under section 60502 of this chapter,'' after
``suspension of discriminating duties''.
SEC. 422. SHIP AMERICA OFFICE.
(a) In General.--Chapter 553 of title 46, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER IV--SHIP AMERICA OFFICE
``Sec. 55341. Establishment of Ship America Office
``(a) Establishment.--The Maritime Administrator shall establish
within the Maritime Administration an office to be known as the `Ship
America Office'. The Maritime Administrator shall appoint the head of
the Ship America Office (in this section referred to as the `Ship
America Associate Administrator').
``(b) Duties.--The Ship America Associate Administrator shall have
the following duties:
``(1) Providing assistance to private sector entities,
Federal financial assistance recipients, Federal agencies,
Federal contractors, and owners and operators of oceangoing
vessels of the United States to facilitate the movement of
commercial and government cargo on vessels of the United States
in international commerce.
``(2) Maximizing compliance across Federal agencies with
this chapter, section 2631 of title 10, and any other cargo
preference law of the United States.
``(3) Providing training and assistance to Federal
employees, in all Federal agencies responsible for shipping
preference cargo, on the legal obligations under this chapter,
section 2631 of title 10, United States Code, and any other
cargo preference law of the United States.
``(4) Developing a `Ship America' verification program to
develop self-certification industry standards, in partnership
with private sector entities, to allow private sector entities
to verifiably demonstrate that a product was transported to the
United States aboard a vessel of the United States.
``(5) Supporting the efforts of the executive branch to
develop and sustain a fleet of vessels of the United States and
maritime industrial base to meet the sealift needs of Federal
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Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
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Sponsors
- Rep. Kelly, Trent [R-MS-1]RHouseMS
Votes
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