,i #aaith ,,congress #ast ,session ,h4 ,r4 #caea ,,in ,,the ,,house ,,of ,,representatives ,may #a1 #bjbe,mr4 ,kelly of ,mississippi 7for himself1 ,mr4 ,garamendi1 ,mr4 ,wittman1 ,mr4 ,norcross1 ,mr4 ,higgins of ,louisiana1 ,mr4 ,khanna1 ,ms4 ,elfreth1 ,mr4 ,des,jarlais1 ,mr4 ,mc,cormick1 ,mr4 ,krishnamoorthi1 ,mr4 ,rutherford1 ,mr4 ,gooden1 ,mr4 ,la,lota1 ,ms4 ,pingree1 ,ms4 ,hoyle of ,oregon1 ,mr4 ,messmer1 ,mr4 ,haridopolos1 ,mrs4 ,kiggans of ,virginia1 ,mr4 ,fields1 ,mr4 ,carter of ,louisiana1 ,mr4 ,deluzio1 ,mr4 ,moskowitz1 ,mr4 ,bera1 ,ms4 ,scanlon1 ,mr4 ,harrigan1 ,mr4 ,golden of ,maine1 ,mr4 ,bergman1 ,mr4 ,fallon1 ,mr4 ,van ,orden1 ,mr4 ,wied1 ,ms4 ,tokuda1 ,mr4 ,moore of ,alabama1 ,mr4 ,fitzpatrick1 ,ms4 ,scholten1 ,mr4 ,moore of ,north ,carolina1 ,mr4 ,strong1 ,mr4 ,luttrell1 and ,mr4 ,zinke7 introduced the following bill2 which was referred to the ,committee on ,armed ,services1 and in addition to the ,committees on ,transportation and ,infrastructure1 ,ways and ,means1 ,energy and ,commerce1 ,foreign ,affairs1 ,oversight and ,government ,reform1 ,education and ,workforce1 ,financial ,services1 the ,judiciary1 ,natural ,resources1 ,science1 ,space1 and ,technology1 and ,veterans' ,affairs1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to support the national defense and economic security of the ,united ,states by supporting vessels1 ports1 and shipyards of the ,united ,states and the ,u4,s4 maritime workforce4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,shipbuilding and ,harbor ,infrastructure for ,prosperity and ,security for ,america ,act of #bjbe or the ,,ships for ,america ,act of #bjbe4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,sense of ,congress4,sec4 #d4 ,definitions4,,title ,i--,oversight and accountability,sec4 #aja4 ,maritime ,security ,advisor2 ,maritime ,security ,board4,sec4 #ajb4 ,maritime ,transportation ,system ,national ,advisory ,committee4,sec4 #ajc4 ,direct hire authority2 ,authorization for administrative expenses4,sec4 #ajd4 ,implementation plan4,sec4 #aje4 ,federal ,maritime ,commission report on vessels of the ,united ,states4,,title ,,ii--,maritime ,security ,trust ,fund,sec4 #bja4 ,maritime ,security ,trust ,fund established4,sec4 #bjb4 ,regular tonnage taxes4,sec4 #bjc4 ,presidential suspension of tonnage taxes and light money4,,title ,,iii--,sealift capability,sec4 #cja4 ,sealift capability4,sec4 #cjb4 ,national ,freight ,strategic ,plan4,sec4 #cjc4 ,foreign shipping practices2 controlled carriers4,,title ,,iv--,vessels of the ,united ,states in international commerce,subtitle ,a--,strategic sealift programs,sec4 #dja4 ,strategic ,commercial ,fleet4,sec4 #djb4 ,fleet testing and briefing requirement4,sec4 #djc4 ,assessment of undersea cable repair contingencies4,sec4 #djd4 ,modification to duties relating to equipment and repair of vessels4,subtitle ,b--,cargo preference,sec4 #daa4 ,united ,states ,government cargo4,sec4 #dab4 ,cargo preference implementation regulations4,sec4 #dac4 ,cargo preference oversight and audit4,sec4 #dad4 ,financing the transportation of agricultural products and other cargo4,sec4 #dae4 ,importation from ,china on ,american ships4,sec4 #daf4 ,priority for vessels of the ,united ,states4,sec4 #dag4 ,moving cargo on vessels of the ,united ,states4,sec4 #dah4 ,transportation requirements for certain exports sponsored by the ,secretary of ,agriculture4,sec4 #dai4 ,clarifying amendments4,sec4 #dbj4 ,energizing ,american shipbuilding4,sec4 #dba4 ,goods imported on vessels of the ,united ,states4,sec4 #dbb4 ,ship ,america ,office4,subtitle ,c--,regulatory reform,sec4 #dca4 ,alternate standards4,sec4 #dcb4 ,rulemaking committee on commercial maritime regulations and standards4,sec4 #dcc4 ,amendments to ,shipowners' ,limitation of ,liability ,act of #ahea4,,title ,v--,shipbuilding,subtitle ,a--,shipbuilding financial incentives,sec4 #eja4 ,shipbuilding financial incentives4,sec4 #ejb4 ,assistance for small shipyards4,sec4 #ejc4 ,federal ,ship ,financing 7title ,,xi7 ,program4,sec4 #ejd4 ,construction ,reserve ,fund4,sec4 #eje4 ,capital ,construction ,fund4,sec4 #ejf4 ,anticipated commercial vessel construction survey4,sec4 #ejg4 ,streamlined environmental review4,sec4 #ejh4 ,eligibility for loan guarantees4,sec4 #eji4 ,reports4,sec4 #eaj4 ,export control report4,subtitle ,b--,department of ,defense ,programs,sec4 #eaa4 ,assessment of the use of commercial best practices for ,navy shipbuilding4,sec4 #eab4 ,plan of action for use of ,defense ,production ,act of #aiej authorities4,sec4 #eac4 ,military ,sealift ,command4,subtitle ,c--,shipbuilding innovation and infrastructure,sec4 #eba4 ,united ,states ,center for ,maritime ,innovation4,sec4 #ebb4 ,national ,shipbuilding ,research ,program4,sec4 #ebc4 ,assessment on maritime infrastructure readiness4,,title ,,vi--,workforce ,development,subtitle ,a--,workforce ,incentives,sec4 #fja4 ,public service loan forgiveness for ,merchant ,marines4,sec4 #fjb4 ,eligibility for educational assistance4,sec4 #fjc4 ,eligibility of mariners to attend ,naval ,postgraduate ,school4,sec4 #fjd4 ,reimbursement of qualifying spouse relicensing costs and business costs4,sec4 #fje4 ,noncompetitive eligibility for ,federal employment4,sec4 #fjf4 ,united ,states ,merchant ,marine ,career ,retention ,program4,subtitle ,b--,workforce pipeline,sec4 #faa4 ,maritime workforce promotion and recruitment4,sec4 #fab4 ,centers of ,excellence for ,domestic ,maritime ,workforce ,training and ,education4,sec4 #fac4 ,maritime ,career and ,technical ,education ,advisory ,committee4,sec4 #fad4 ,military candidates to ,mariner ,careers ,recruitment ,exchange4,sec4 #fae4 ,maritime worker data collection4,sec4 #faf4 ,military to maritime transition4,sec4 #fag4 ,early maritime education and youth involvement4,sec4 #fah4 ,international scholarship for mariner and naval architecture exchanges4,subtitle ,c--,united ,states ,merchant ,marine ,academy and ,state maritime academies,sec4 #fba4 ,authorization of appropriations for ,united ,states ,merchant ,marine ,academy infrastructure and facilities modernization4,sec4 #fbb4 ,united ,states ,merchant ,marine ,academy4,sec4 #fbc4 ,retirement service credit for service as a midshipman at the ,united ,states ,merchant ,marine ,academy4,sec4 #fbd4 ,state maritime academies4,sec4 #fbe4 ,enforcement of service obligation requirements4,sec4 #fbf4 ,fuel funding for training ships operated by ,state maritime academies4,sec4 #fbg4 ,state ,maritime ,academy ,sea ,term ,scholarship ,programs4,sec4 #fbh4 ,naval joint exercise involvement for training ships operated by ,state maritime academies4,subtitle ,d--,maritime ,credentialing ,modernization,sec4 #fca4 ,merchant mariner credentialing modernization4,sec4 #fcb4 ,revising merchant mariner deck training requirements4,sec4 #fcc4 ,inspections for transportation security4,sec4 #fcd4 ,renewal of merchant mariner licenses and documents4,sec4 #fce4 ,merchant seamen licenses1 certificates1 and documents2 manning of vessels4,sec4 #fcf4 ,reactivation of expired license4,,title ,,vii--,amendments to the ,internal ,revenue ,code of #aihf,sec4 #gja4 ,united ,states ,vessel ,investment credit4,sec4 #gjb4 ,certain payments for maritime security excluded from gross income4,sec4 #gjc4 ,elimination of #cj-;day limitation on domestic operations4,sec4 #gjd4 ,qualifying shipping activities4,sec4 #gje4 ,qualifying vessel4,sec4 #gjf4 ,credit for construction of shipyard facilities4,sec4 #gjg4 ,tax incentives relating to merchant marine capital construction funds4,sec4 #gjh4 ,exemption of student incentive payment agreements from gross income4,sec4 #gji4 ,maritime fuel tax parity4,sec4 #gaj4 ,treatment of maritime prosperity zones as opportunity zones4 #b4 ,findings ,congress finds the following3 7#a7 ,strategic sealift1 made up of ,government and commercial vessels and mariners1 is a critical capability for executing the maritime defense strategy and the wartime and peacetime economy of the ,united ,states4 7#b7 ,ensuring a modern and ready capability will require significant investment1 policy prioritization1 and the innovation of the people of the ,united ,states4 7#c7 ,the worldwide ocean economy is worth between #c1jjj1jjj1jjj1jjj and #f1jjj1jjj1jjj1jjj1 according to the ,united ,nations ,conference on ,trade and ,development4 ,yet1 vessels of the ,united ,states carry less than #b percent of ,united ,states international commercial cargoes by weight4 7#d7 ,the ,united ,states has fewer than #bjj oceangoing vessels of the ,united ,states1 of which only approximately #hj vessels participate in international commerce1 compared with more than #e1ejj ,chinese documented vessels4 7#e7 ,bracketed by the ,atlantic1 ,pacific1 and ,arctic oceans1 the prosperity and security of the ,united ,states has always been tied to its position as a maritime ,nation4 ,throughout human history1 the strength of maritime nations has been directly tied to the strength of their maritime industry4 ,the ,united ,states won two world wars on the back of a strong maritime industry4 7#f7 ,decades of apathy by the ,united ,states ,government has harmed our strategically important maritime industry4 ,our weakened shipbuilding capacity1 undersized maritime workforce1 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 wartime4 7#g7 ,today1 there are just #bj shipbuilders in the ,united ,states capable of building oceangoing vessels--down from more than #hj at the end of the ,second ,world ,war4 7#h7 ,during ,world ,war ,,ii1 the ,united ,states ,merchant ,marine powered the ,allies to victory with more than #aj1jjj oceangoing vessels of the ,united ,states4 ,today there are just #hj vessels of the ,united ,states engaged in international trade4 7#i7 ,the ,people's ,republic of ,china has made investments in the maritime industry a strategic priority over the past #bj years4 7#aj7 ,as of #bjbc1 shipyards in the ,united ,states had fewer than #e shipbuilding orders for oceangoing vessels1 while shipyards in the ,people's ,republic of ,china had more than #a1gjj orders1 according to ,,brs ,group4 ,according to the ,office of ,naval ,intelligence1 the ,people's ,republic of ,china became the world's top shipbuilding and shipping nation1 boasting #bcj times more shipbuilding capacity than the ,united ,states4 7#aa7 ,with just #ab1jjj ,united ,states merchant mariners operating oceangoing vessels1 the ,united ,states may not have a sufficient number of mariners to fully power the strategic sealift vessels necessary in a future prolonged conflict4 7#ab7 ,the ,american ,civil ,society of ,engineers assesses that the ,united ,states has a national maintenance backlog amounting to #abe1jjj1jjj1jjj for bridges1 #afc1jjj1jjj1jjj for ports1 and #f1hjj1jjj1jjj for inland waterways4 7#ac7 ,the maritime industry is inherently international4 ,eighty percent of ,united ,states goods are imported by sea1 of which #ih percent come into the ,united ,states on foreign documented vessels4 ,only #b percent of such goods come into the ,united ,states on vessels of the ,united ,states1 leaving the ,united ,states economy disproportionately dependent on oceangoing trade controlled by often adversarial foreign nations4 ,the ,nation's ability to provide services in both international and interstate commerce is critical to national and economic defense4 7#ad7 ,since ,november #bjbc1 vessels engaged in international commerce have been threatened by the ,houthis1 which has threatened global supply chains1 increased costs1 and required naval force protection operations in the ,red ,sea through the ,united ,states-led ,operation ,prosperity ,guardian that formed in ,december #bjbc4 7#ae7 ,a fleet of commercial shipping vessels of the ,united ,states1 crewed with citizen mariners1 that is competitive in domestic and international trade enhances the ,united ,states military's readiness1 allows the ,united ,states to more strategically compete with ,china1 and underwrites the security and survival of the ,united ,states in times of crisis and war4 #c4 ,sense of ,congress ,it is the sense of ,congress that the ,united ,states must-- 7#a7 create a more favorable domestic and global maritime environment for vessels of the ,united ,states engaged in international commerce1 shipbuilding1 ship repair1 maritime logistics1 the maritime workforce1 and naval power1 contributing to assured access to the world's oceans free from coercion from strategic competitors and asymmetric adversaries2 7#b7 increase domestic shipbuilding and ship repair capacity1 with programs and policies that enable the growth of ,united ,states shipyards and the maritime industrial base1 enhance military sealift capacity1 expand the ,united ,states maritime workforce1 and enhance national security2 7#c7 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 chains1 strengthen economic security1 and lower prices1 while protecting the ,united ,states economy from economic coercion2 7#d7 take all measures necessary to ensure that sufficient military1 civil1 and commercial resources will be available with assured access to meet defense deployment needs and essential economic activities for our ,nation in times of crisis1 war1 or peace2 7#e7 recognize that a vibrant commercial shipbuilding industry provides supply chain resiliencies and creates economies of scale that improve military1 ,coast ,guard1 and ,government shipbuilding and support military operations through strategic sealift to defend the freedom of the seas2 7#f7 nurture the comparative advantages of the ,united ,states to innovate to better compete in the global maritime marketplace1 grow the maritime workforce1 and create a favorable environment for investments to build modern maritime facilities and world-class academic institutions2 7#g7 ensure better coordination between ,federal agencies1 including the ,maritime ,administration1 the ,united ,states ,coast ,guard1 the ,department of ,defense1 the ,federal ,maritime ,commission1 and all other ,federal agencies with a maritime nexus1 to protect1 regulate1 and support the ,united ,states maritime industry1 resolve disputes1 and implement a whole-of-,government national maritime strategy2 7#h7 recognize that1 while a strong ,navy is the surest guarantee of peace1 building the ,navy1 sustaining the ,navy1 and supplying the ,navy is founded on a robust commercial industrial base2 7#i7 establish reliable long-term demand signals for1 and investments in1 oceangoing commercial vessels that are built in the ,united ,states1 documented under the laws of the ,united ,states1 and crewed by ,united ,states mariners2 7#aj7 evaluate past and present maritime efforts to take actions to revitalize the ,united ,states maritime industry2 7#aa7 strengthen the ,united ,states intercoastal and domestic trade fleet1 which is the foundation upon which a revitalized ,united ,states-documented shipping and domestic shipbuilding industry will be built2 7#ab7 recognize the important role that the support craft1 passenger1 and fishing vessel fleet play in the ,united ,states maritime industry2 7#ac7 encourage the shipping of commercial cargo on vessels of the ,united ,states1 with the aim of growing the size and carrying capacity of the international fleet of vessels of the ,united ,states2 7#ad7 grow the shipping capacity of vessels of the ,united ,states and guarantee ,united ,states ,government cargo during peacetime2 7#ae7 develop a whole-of-,government effort to expand1 develop1 and protect the maritime workforce2 7#af7 recognize the need for more workers in the maritime sector and stimulate growth in the ,united ,states maritime and shipbuilding industries1 including by increasing access to early maritime education1 commissioning national marketing campaigns to demonstrate how ,united ,states shipbuilding1 ,united ,states-documented shipping1 and maritime workers are critical to national security1 and implementing workforce accelerator programs2 7#ag7 remove barriers to training mariners1 including reevaluating ,coast ,guard training requirements regarding faculty credentials1 instructional facility designs1 sea time requirements1 and other identified barriers1 consistent with international treaty obligations2 7#ah7 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 new1 current1 and former merchant mariners to go to sea2 7#ai7 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 ,states2 7#bj7 invest and innovate in domestic shipbuilding1 ship repair1 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 ,states2 7#ba7 drive multi-stakeholder research1 development1 assessment1 and deployment of emerging marine technologies and best practices related to the maritime transportation system to ensure ,united ,states leadership in next-generation shipbuilding1 ship repair1 and maritime logistics2 7#bb7 drive modern business and manufacturing approaches1 such as innovative maritime logistics1 clean fuels1 and advanced nuclear energy1 human-machine teaming1 additive manufacturing1 and other advanced technologies2 7#bc7 review and update regulations governing vessel design and engineering1 vessel and facility operation1 and merchant mariner credentialing1 in order to revitalize the ,united ,states maritime industry2 7#bd7 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 seas1 while de-risking the ,united ,states maritime domain from the ,people's ,republic of ,china1 foreign countries of concern1 and asymmetric or emerging maritime threats2 7#be7 harden critical maritime infrastructure and networks1 and incrementally replace infrastructure built by foreign adversaries with domestic-built and allied-built infrastructure2 and 7#bf7 promote the values of the ,united ,states for freedom of the seas1 worker safety and quality of life1 environmental stewardship1 and the resilience of our oceans1 seas1 and inland waterways4 #d4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,armed ,services1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,armed ,services1 the ,committee on ,transportation and ,infrastructure1 and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,domestic commerce ,the term domestic commerce means the transportation of goods or passengers between places in the ,united ,states4 7#c7 ,foreign commerce ,the term foreign commerce means-- 7,a7 commerce or trade between the ,united ,states1 its territories or possessions1 or the ,district of ,columbia1 and a foreign country2 and 7,b7 commerce or trade between foreign countries4 7#d7 ,foreign country of concern ,the term foreign country of concern means-- 7,a7 a country that is a covered nation 7as defined in section #dhgb7;d7 of title #aj1 ,united ,states ,code72 and 7,b7 any country that the ,maritime ,administrator1 in consultation with the ,secretary of ,defense1 the ,secretary of ,state1 the ,director of ,national ,intelligence1 and the ,chair of the ,federal ,maritime ,commission1 determines to be engaged in conduct that is detrimental to the national security or foreign policy of the ,united ,states4 7#e7 ,foreign entity ,the term foreign entity-- 7,a7 means-- 7i7 a government of a foreign country or a foreign political party1 as those terms are defined in section #a of the ,foreign ,agents ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa72 7ii7 a natural person who is not a lawful permanent resident of the ,united ,states1 a citizen of the ,united ,states1 or any other protected individual 7as such term is defined in section #bgd;,b7a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;b7a77#c7772 or 7iii7 a partnership1 association1 corporation1 organization1 or other combination of persons organized under the laws of or having its principal place of business in a foreign country2 and 7,b7 includes-- 7i7 any person 7including an owner or operator of a vessel7 owned by1 controlled by1 or subject to the direction of an entity listed in subparagraph 7,a72 7ii7 any person1 wherever located1 who acts as an agent1 representative1 or employee of an entity listed in subparagraph 7,a72 7iii7 any person who acts in any other capacity at the order1 request1 or under the direction or control1 of an entity listed in subparagraph 7,a71 or of a person whose activities are directly or indirectly supervised1 directed1 controlled1 financed1 or subsidized in whole or in major part by an entity listed in subparagraph 7,a72 7iv7 any person who directly or indirectly through any contract1 arrangement1 understanding1 relationship1 or otherwise1 owns #be percent or more of the equity interests of an entity listed in subparagraph 7,a72 7v7 any person with significant responsibility to control1 manage1 or direct an entity listed in subparagraph 7,a72 7vi7 any person1 wherever located1 who is a citizen or resident of a country controlled by an entity listed in subparagraph 7,a72 or 7vii7 any corporation1 partnership1 association1 or other organization organized under the laws of a country controlled by an entity listed in subparagraph 7,a74 7#f7 ,foreign entity of concern ,the term foreign entity of concern means any foreign entity that is-- 7,a7 designated as a foreign terrorist organization by the ,secretary of ,state under section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi72 7,b7 included on the list of specially designated nationals and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury2 7,c7 owned by1 controlled by1 or subject to the jurisdiction or direction of a government of a foreign country of concern2 7,d7 alleged by the ,attorney ,general to have been involved in activities for which a conviction was obtained under-- 7i7 chapter #cg of title #ah1 ,united ,states ,code 7commonly known as the ,espionage ,act7 7#ah ,u4,s4,c4 #gib et seq472 7ii7 section #iea or #ajcj of title #ah1 ,united ,states ,code2 7iii7 chapter #ij of title #ah1 ,united ,states ,code 7commonly known as the ,economic ,espionage ,act of #aiif72 7iv7 the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq472 7v7 section #bbd1 #bbe1 #bbf1 #bbg1 or #bcf of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbgd1 #bbge1 #bbgf1 #bbgg1 and #bbhd72 7vi7 the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq472 or 7vii7 the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq472 7,e7 designated by the ,federal ,maritime ,commission as a controlled carrier under chapter #djg of title #df1 ,united ,states ,code2 7,f7 found by the ,federal ,maritime ,commission to be practicing unfavorable conditions in foreign trade under chapter #dba or #dbc of title #df1 ,united ,states ,code2 or 7,g7 determined by the ,maritime ,administrator1 in consultation with the ,secretary of ,defense1 the ,secretary of ,state1 the ,director of ,national ,intelligence1 and the ,chair of the ,federal ,maritime ,commission1 to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the ,united ,states4 7#g7 ,vessel of the ,united ,states ,the term vessel of the ,united ,states has the meaning given that term in section #aaf of title #df1 ,united ,states ,code4 ,i ,oversight and accountability #aja4 ,maritime ,security ,advisor2 ,maritime ,security ,board 7a7 ,amendments ,chapter #ejd of part ,a of subtitle ,v of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking the chapter heading and inserting the following3 ,oversight and ,accountability2 7#b7 by redesignating section #ejdja as section #ejdjc2 and 7#c7 by inserting before section #ejdjb1 the following3 #ejdja4 ,maritime ,security ,advisor2 ,maritime ,security ,board 7a7 ,maritime ,security ,advisor 7#a7 ,in general ,not later than #fj days after the date of enactment of this section1 the ,president shall appoint a ,special ,advisor to the ,president 7to be known as the ,maritime ,security ,advisor7 for coordinating national maritime affairs and policy1 including developing1 updating1 and implementing the ,national ,maritime ,strategy as required under section #ejaad of this title4 7#b7 ,duties ,the ,maritime ,security ,advisor appointed under paragraph 7#a7 shall serve as the ,chair of the ,maritime ,security ,board1 shall be the principal advisor to the ,president on all issues related to the maritime industry1 shipbuilding1 and ship repair1 and shall be responsible for developing1 updating1 and implementing the ,national ,maritime ,strategy under section #ejaad of this title within and across the ,federal ,government4 7#c7 ,office of the ,maritime ,security ,advisor 7,a7 ,in ,general ,there is established in the ,executive ,office of the ,president1 an ,office of the ,maritime ,security ,advisor4 ,the ,maritime ,security ,advisor described in this subsection shall be the head of such ,office4 7,b7 ,employees2 contracts ,in carrying out the functions under this section1 the ,maritime ,security ,advisor is authorized to-- 7i7 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 duties2 and 7ii7 enter into contracts and other arrangements for studies1 analyses1 and other services with public agencies and with private persons1 organizations1 or institutions1 and make such payments as the ,maritime ,security ,advisor deems necessary to carry out the provisions of this section4 7b7 ,maritime ,security ,board ,not later than #ij days after the date of enactment of this section1 the ,president shall establish a board1 to be known as the ,maritime ,security ,board 7in this section referred to as the ,board74 7#a7 ,composition 7,a7 ,in general ,the ,board shall be comprised of the following individuals and representatives3 7i7 ,the ,maritime ,security ,advisor described in subsection 7a74 7ii7 ,the ,maritime ,administrator4 7iii7 ,the ,commandant of the ,coast ,guard4 7iv7 ,the ,secretary of the ,navy4 7v7 ,the ,commander of the ,united ,states ,transportation ,command4 7vi7 ,the ,chair of the ,federal ,maritime ,commission4 7vii7 ,the ,assistant ,secretary of the ,army for ,civil ,works4 7viii7 ,the chief ,united ,states delegate to the ,international ,maritime ,organization4 7ix7 ,the ,under ,secretary of ,commerce for ,oceans and ,atmosphere4 7x7 ,the ,commissioner for ,customs and ,border ,protection4 7xi7 ,the ,director of the ,office of ,management and ,budget1 or a designee4 7xii7 ,the ,secretary of ,transportation1 or a designee4 7xiii7 ,the ,secretary of ,homeland ,security1 or a designee4 7xiv7 ,the ,secretary of ,state1 or a designee4 7xv7 ,the ,secretary of ,labor1 or a designee4 7xvi7 ,the ,secretary of ,commerce1 or a designee4 7xvii7 ,the ,secretary of the ,treasury1 or a designee4 7xviii7 ,the ,administrator of the ,environmental ,protection ,agency1 or a designee4 7xix7 ,the ,united ,states ,trade ,representative1 or a designee4 7xx7 ,the head of each agency with a statutory responsibility for administering the ,food for ,peace ,act 7#g ,u4,s4,c4 #afia et seq471 or a designee4 7xxi7 ,from the ,department of ,defense-- 7,i7 the ,secretary of ,defense1 or a designee2 7,,ii7 ,the ,commander of the ,military ,sealift ,command4 7,,iii7 ,the ,commander of ,naval ,sea ,systems ,command4 7,,iv7 a representative of the ,army1 as appointed by the ,secretary of ,defense2 7,v7 a representative of the ,air ,force1 as appointed by the ,secretary of ,defense2 and 7,,vi7 a representative of the ,navy1 as appointed by the ,secretary of ,defense4 7,b7 ,nonvoting members ,the individuals and representatives listed in clauses 7xi7 through 7xxi7 shall be nonvoting members4 7,c7 ,chair ,the ,maritime ,security ,advisor shall serve as the ,chair of the ,board4 7#b7 ,duties ,consistent with the ,national ,maritime ,strategy under section #ejaad of this title1 the ,board shall carry out the following duties3 7,a7 ,supporting the development of the marine transportation system of the ,united ,states1 including-- 7i7 assessing the adequacy of the marine transportation system 7including ports1 waterways1 channels1 and their intermodal connections72 7ii7 promoting the integration of the marine transportation system with other modes of transportation and other uses of the marine environment2 and 7iii7 coordinating1 improving the coordination of1 and making recommendations with regard to ,federal policies that impact the marine transportation system4 7,b7 ,establishing policy priorities relating to1 and conducting independent oversight over1 the financial assistance programs under part ,c of subtitle ,v of this title1 including-- 7i7 not later than #a year after the date of enactment of the ,,ships for ,america ,act of #bjbe and annually thereafter1 establishing targets for the number1 type1 and requirements of vessels to be included in each of-- 7,i7 the ,maritime ,security ,fleet 7consistent with the most recent ,mobility ,capability ,requirements ,study produced by ,united ,states ,transportation ,command72 7,,ii7 the ,cable ,security ,fleet2 7,,iii7 the ,tanker ,security ,fleet 7consistent with the most recent ,mobility ,capability ,requirements ,study produced by ,united ,states ,transportation ,command72 7,,iv7 the ,strategic ,commercial ,fleet2 and 7,v7 the ,shipbuilding ,financial ,incentives ,program2 7ii7 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 title2 and 7iii7 conducting oversight of the administration of such financial assistance programs to ensure such programs support the strategic sealift objectives and policy of the ,united ,states1 as established in section #eiaja of this title4 7,c7 ,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 ,states1 including-- 7i7 conducting oversight and coordinating interagency efforts to comply with cargo preference requirements established under chapter #eec of this title and section #bfca of title #aj2 7ii7 independently verifying that all ,federal agencies follow the requirements for cargoes procured1 furnished1 or financed by the ,united ,states ,government under section #eecje of this title1 and notifying the appropriate committees of ,congress of any identified violations of the requirements of such section2 7iii7 conducting outreach among nongovernmental stakeholders1 including private industry1 to encourage more cargo to be moved on vessels of the ,united ,states2 7iv7 developing recommendations for regulations to be issued by ,federal agencies to preference the movement of cargo on vessels of the ,united ,states2 and 7v7 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 ,states4 7,d7 ,conducting independent oversight and developing guidance and recommendations related to the enforcement of the requirements of chapters #aba and #eea of this title4 7,e7 ,coordinating national efforts to develop a robust maritime workforce that enhances the national security and strategic sealift readiness of the ,united ,states1 including-- 7i7 coordinating and conducting oversight of interagency efforts and partnerships with the maritime industry and qualified labor organizations to recruit1 train1 and retain qualified licensed and unlicensed merchant mariners2 and 7ii7 coordinating and conducting oversight of interagency efforts and partnerships with the shipbuilding industry to recruit1 train1 and retain qualified workers in the shipbuilding industry of the ,united ,states4 7,f7 ,establishing national priorities for research and development of next-generation technologies to enhance ,united ,states leadership in the shipbuilding and maritime industries1 including through the ,center for ,maritime ,innovation established under section #ejcjg4 7,g7 ,coordinating interagency efforts to ensure vessels of the ,united ,states operating in international commerce are privileged in regulation1 taxation1 fees1 insurance1 and policy compared to foreign vessels conducting trade with a ,united ,states-domiciled entity1 while remaining consistent with the international obligations of the ,united ,states4 7,h7 ,coordinating efforts to protect vessels of the ,united ,states operating in international or domestic commerce from physical and cybersecurity threats4 7,i7 ,conducting oversight of the use of funds from the ,maritime ,security ,trust ,fund established under section #ejcja7;b7 of this title1 and making recommendations to ,congress for expenditures from the ,trust ,fund4 7,j7 ,conducting studies on subjects related to the maritime industry and international shipping1 and undertaking other efforts related to strengthening the maritime security of the ,united ,states4 7,k7 ,carrying out other duties1 as assigned by the ,president in consultation with the ,maritime ,security ,advisor1 related to the maritime industry1 shipbuilding1 ship repair1 strategic sealift1 and the marine transportation system of the ,united ,states4 7#c7 ,delegation ,the ,board may task agencies who are represented by individuals on the ,board 7as described under paragraph 7#a77;,a77 to carry out any duties of the ,board4 7#d7 ,meetings ,the ,board shall meet not less frequently than quarterly4 7#e7 ,staff ,the ,board may hire staff to support its activities4 7c7 ,authorization of appropriations ,there are authorized to be appropriated #e1jjj1jjj for each of fiscal years #bjbf through #bjce1 from the ,maritime ,security ,trust ,fund established under section #ejcja7;b7 of this title1 to the ,maritime ,security ,board to staff the ,board and carry out the duties described in this section4 7d7 ,report to ,congress 7#a7 ,in ,general ,not later than #ahj days after the ,president establishes the ,maritime ,security ,board under this section1 and annually thereafter1 the ,board shall submit a report to the appropriate committees of ,congress describing-- 7,a7 the actions that the ,board has taken to carry out the duties required of the ,board under subsection 7b77#b72 and 7,b7 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 ,states24 7#b7 ,appropriate committees of ,congress ,in this section1 the term appropriate committees of ,congress has the meaning given that term in section #d of the ,,ships for ,america ,act of #bjbe4 4 7b7 ,clerical amendment ,the table of sections for chapter #ejd of subtitle ,v of title #df1 ,united ,states ,code1 is amended to read as follows3 #ejdja4 ,maritime ,security ,advisor2 ,maritime ,security ,board4#ejdjb4 ,maritime ,transportation ,system ,national ,advisory ,committee4#ejdjc4 ,united ,states ,committee on the ,marine ,transportation ,system4 4 7c7 ,national ,maritime ,strategy ,section #ejaad of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a71 and inserting the following3 7a7 ,in ,general 7#a7 ,in ,general ,subject to paragraph 7#b71 the ,maritime ,security ,advisor1 in consultation with the ,maritime ,security ,board1 shall develop a ,national ,maritime ,strategy and submit that ,national ,maritime ,strategy to the appropriate committees of ,congress 7as that term is defined in section #d of the ,,ships for ,america ,act of #bjbe74 7#b7 ,transition ,notwithstanding paragraph 7#a71 if a national maritime strategy has been developed and submitted in accordance with this section1 as in effect on the day before the date of enactment of the ,,ships for ,america ,act of #bjbe1 in the #a-year period before such date of enactment1 the ,maritime ,security ,advisor shall implement and update that national maritime strategy and shall not develop a new national maritime strategy4 2 and 7#b7 by striking subsections 7c7 and 7d7 and inserting the following3 7c7 ,implementation ,upon the release of a strategy under this section1 the ,maritime ,security ,advisor1 in consultation with the ,maritime ,security ,board1 shall be responsible for implementing the contents and recommendations of the strategy4 7d7 ,update ,the ,maritime ,security ,advisor1 in coordination with the ,maritime ,security ,board1 shall submit to the appropriate committees of ,congress 7as that term is defined in section #d of the ,,ships for ,america ,act of #bjbe7 an update to the strategy developed under subsection 7a7 not less often than every #e years4 7e7 ,public availability2 implementation plan ,not later than #f months after the submission of a strategy or update under subsection 7a71 the ,maritime ,security ,advisor1 in consultation with the ,maritime ,security ,board1 shall make publicly available on an appropriate website each strategy or updated strategy and an implementation plan for such strategy or update4 4 #ajb4 ,maritime ,transportation ,system ,national ,advisory ,committee ,section #ejdjb is amended-- 7#a7 in subsection 7b71 by striking ,secretary of ,transportation and inserting ,maritime ,security ,advisor and ,maritime ,security ,board2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking by the ,secretary of ,transportation2 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,representation ,members of the ,committee shall be appointed as follows3 7,a7 ,the ,maritime ,security ,advisor shall appoint the following members of the ,committee3 7i7 ,at least one member to represent the ,environmental ,protection ,agency4 7ii7 ,at least one member to represent the ,department of ,commerce4 7iii7 ,at least one member to represent the ,corps of ,engineers4 7iv7 ,at least one member to represent the ,coast ,guard4 7v7 ,at least one member to represent ,customs and ,border ,protection4 7vi7 ,at least one member to represent the ,maritime ,administration4 7vii7 ,at least one member to represent the ,department of ,agriculture4 7viii7 ,at least one member to represent the ,state ,department4 7ix7 ,at least one member to represent ,state and local governmental entities4 7,b7 ,additional members shall represent private sector entities that reflect a cross-section of maritime industries1 including credentialed ,united ,states merchant mariners1 port and water stakeholders1 academia1 and labor1 of whom-- 7i7 #c shall be appointed by the majority leader of the ,senate2 7ii7 #c shall be appointed by the minority leader of the ,senate2 7iii7 #c shall be appointed by the ,speaker of the ,house of ,representatives2 and 7iv7 #c shall be appointed by the minority leader of the ,house of ,representatives4 7,c7 ,the ,maritime ,security ,advisor may appoint additional members of the ,committee1 including additional representatives from the ,united ,states ,merchant ,marine ,academy1 ,state maritime academies1 or other ,federal agencies1 as the ,secretary considers appropriate4 2 and 7,c7 in paragraph 7#d71 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and adjusting the margins accordingly2 7,d7 by redesignating paragraph 7#d7 as subparagraph 7,a7 and adjusting the margins accordingly2 7,e7 by inserting after paragraph 7#c7 the following3 7#d7 ,restrictions on members 2 and 7,f7 at the end of paragraph 7#d71 as so designated1 by inserting the following3 7,b7 ,restrictions on additional members ,members appointed under this paragraph that are not representing ,federal agencies-- 7i7 shall remain on the ,committee for a term of #c years from the date that the member is appointed2 and 7ii7 may not serve more than #b consecutive terms4 4 #ajc4 ,direct hire authority2 ,authorization for administrative expenses 7a7 ,maritime ,administration direct hire authority 7#a7 ,in general ,the ,maritime ,administrator may appoint1 without regard to the provisions of sections #ccji through #ccai of title #e1 ,united ,states ,code1 candidates to positions in the competitive service within the ,maritime ,administration for which-- 7,a7 public notice has been given2 7,b7 the ,administrator has determined that a critical hiring need exists2 and 7,c7 the ,administrator has consulted with the ,director of the ,office of ,personnel ,management regarding-- 7i7 the positions for which the ,administrator plans to recruit2 7ii7 the quantity of candidates the ,administrator is seeking2 and 7iii7 the assessment and selection policies the ,administrator plans to utilize4 7#b7 ,definition of critical hiring need ,in this subsection1 the term critical hiring need means personnel necessary for the implementation of this ,act and associated work4 7b7 ,coast ,guard direct hire authority 7#a7 ,in general ,the ,secretary of the department in which the ,coast ,guard is operating may appoint1 without regard to the provisions of sections #ccji through #ccai of title #e1 ,united ,states ,code1 candidates to positions in the competitive service within offices under the ,assistant ,commandant for ,prevention ,policy of the ,coast ,guard1 for which-- 7,a7 public notice has been given2 7,b7 the ,secretary has determined that a critical hiring need exists2 and 7,c7 the ,secretary has consulted with the ,director of the ,office of ,personnel ,management regarding-- 7i7 the positions for which the ,secretary plans to recruit2 7ii7 the quantity of candidates the ,secretary is seeking2 and 7iii7 the assessment and selection policies the ,secretary plans to utilize4 7#b7 ,definition of critical hiring need ,in this subsection1 the term critical hiring need means personnel necessary for the implementation of this ,act and associated work4 7c7 ,competitive service ,in this section the term competitive service has the meaning given the term in section #bajb of title #e1 ,united ,states ,code4 7d7 ,authorization of appropriations for administrative expenses ,there is authorized to be appropriated from the ,maritime ,security ,trust ,fund established under section #ejcja7;b7 of title #df1 ,united ,states ,code-- 7#a7 #cj1jjj1jjj to the ,secretary of ,transportation for administrative expenses of the ,maritime ,administration to administer subtitle ,v of title #df1 ,united ,states ,code1 for each of fiscal years #bjbf through #bjce2 7#b7 #cj1jjj1jjj 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 #df1 ,united ,states ,code1 for each of fiscal years #bjbf through #bjce2 and 7#c7 #b1jjj1jjj to the ,federal ,maritime ,commission for administrative expenses of the ,federal ,maritime ,commission to administer subtitle ,,iv of title #df1 ,united ,states ,code4 #ajd4 ,implementation plan 7a7 ,implementation plan required ,not later than #fj days after the date of enactment of this ,act1 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 ,act1 and the amendments made by this ,act4 7b7 ,elements ,each implementation plan required under subsection 7a7 shall include1 for each action required of the ,maritime ,administrator and the ,secretary of the department in which the ,coast ,guard is operating 7as applicable7 in this ,act1 including the amendments made by this ,act-- 7#a7 an identification of all administrative restructuring requirements2 7#b7 an identification of each office or division within the ,maritime ,administration or ,coast ,guard principally responsible for each relevant section of this ,act2 7#c7 an identification of additional personnel needed to sufficiently implement this ,act1 a hiring plan1 and a training plan2 7#d7 an identification of any barrier 7including any policy1 law1 or regulation7 to implementation of any section of this ,act1 and recommendations to address those barriers2 7#e7 a descriptive implementation timeline1 taking into account the administrative needs of the ,maritime ,administration or the ,coast ,guard2 and 7#f7 any additional components determined appropriate by the ,maritime ,administrator or such ,secretary to ensure the success of implementation of this ,act4 7c7 ,briefing ,not later than #ae days after submitting each implementation plan required under subsection 7a71 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 7a74 7d7 ,biannual update ,not less frequently than biannually following the submission of the plans under subsection 7a7 and for #b years thereafter1 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 plans4 7e7 ,,gao review ,the ,comptroller ,general of the ,united ,states shall-- 7#a7 not later than #b years after the date of enactment of this ,act1 and biennially thereafter for #aj years1 conduct a review of the activities carried out in accordance with this ,act1 and the amendments made by this ,act2 and 7#b7 submit to the appropriate committees of ,congress the results of each review4 #aje4 ,federal ,maritime ,commission report on vessels of the ,united ,states 7a7 ,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 commerce4 ,the ,maritime ,security ,board shall utilize the findings of such report to inform the ,national ,maritime ,strategy under section #ejaad of title #df1 ,united ,states ,code1 and other activities of the ,board4 7b7 ,contents ,the report shall include-- 7#a7 metrics concerning carriage of foreign commerce on vessels of the ,united ,states2 7#b7 information about the price parity of carriage of foreign commerce on vessels of the ,united ,states versus foreign vessels 7as defined in section #aaj of title #df1 ,united ,states ,code7 by market2 7#c7 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 ,states2 7#d7 markets in which ,united ,states interests paid above average rates for foreign commerce1 including with foreign and domestic carriers2 and 7#e7 an assessment of the foreign vessel registries of peer competitor countries to determine-- 7,a7 the roles of the governments of peer competitor countries in their vessel registry processes1 including policy practices that may provide a disadvantage to the ,united ,states2 7,b7 the sizes of the fleets of foreign vessels registered with such countries1 including how many of such foreign vessels are domestically built and how many are built in other countries2 and 7,c7 the price parity of vessels of the ,united ,states1 as compared to foreign vessels registered with peer competitor countries that are operating in global markets identified as a priority by the ,federal ,maritime ,commission4 ,,ii ,maritime ,security ,trust ,fund #bja4 ,maritime ,security ,trust ,fund established ,section #ejcja of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking the section heading and inserting ,funds established2 7#b7 in subsection 7e7-- 7,a7 in paragraph 7#b71 by redesignating subparagraphs 7,a71 7,b71 and 7,c71 as clauses 7i71 7ii71 and 7iii71 respectively1 and adjusting the margins accordingly2 7,b7 by redesignating paragraphs 7#a71 7#b71 and 7#c71 as subparagraphs 7,a71 7,b71 and 7,c71 respectively1 and adjusting the margins accordingly2 7,c7 in subparagraph 7,a71 as redesignated by subparagraph 7,b71 by striking paragraph 7#b7 and inserting subparagraph 7,b72 7,d7 in subparagraph 7,b71 as redesignated by subparagraph 7,b71 in the matter preceding clause 7i71 by striking ,paragraph 7#a7 and inserting ,subparagraph 7,a72 and 7,e7 in subparagraph 7,c71 as redesignated by subparagraph 7,b71 by striking ,paragraph 7#a7 and inserting ,subparagraph 7,a72 7#c7 in subsection 7f71 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively1 and adjusting the margins accordingly2 7#d7 by redesignating subsections 7b7 through 7g7 as paragraphs 7#b7 through 7#g71 respectively1 and adjusting the margins accordingly2 7#e7 in subsection 7a71 by striking ,in ,general and all that follows through ,there is a and inserting the following3 7a7 ,vessel ,operations ,revolving ,fund 7#a7 ,in ,general ,there is a 2 7#f7 in paragraph 7#d71 by striking subsection 7a7 and inserting paragraph 7#a72 and 7#g7 by adding at the end the following3 7b7 ,maritime ,security ,trust ,fund 7#a7 ,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 base1 as authorized under the ,,ships for ,america ,act of #bjbe4 7#b7 ,transfer of amounts ,the ,fund shall be credited with amounts equivalent to the receipts from each of the following3 7,a7 ,the taxes received in the ,treasury under-- 7i7 section #fjcja of this title 7relating to regular tonnage taxes72 7ii7 section #fjcjb of this title 7relating to special tonnage taxes72 and 7iii7 section #fjcjc of this title 7relating to light money74 7,b7 ,the revenue collected from-- 7i7 duties imposed under section #dff of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adff7 7relating to equipment and repair of vessels72 7ii7 duties1 fees1 or monetary penalties imposed by the ,united ,states ,trade ,representative under section #cja of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaa7 pursuant to the determination of the ,trade ,representative that the targeting of the maritime1 logistics1 and shipbuilding sectors for dominance by the ,people's ,republic of ,china is unreasonable and burdens or restricts ,united ,states commerce1 notice of which was published in the ,federal ,register on ,january #bc1 #bjbe 7#ij ,fed4 ,reg4 #hjhi72 and 7iii7 duties imposed under section #fjejb of this title 7relating to discriminating duty on goods imported in foreign vessels or from contiguous countries74 7,c7 ,any penalties paid with respect to a vessel pursuant to any of the following sections of this title3 7i7 ,section #bjag4 7ii7 ,section #bcjb4 7iii7 ,section #ccah4 7iv7 ,section #cgah4 7v7 ,section #dajf4 7vi7 ,section #eaaf4 7vii7 ,section #aacjc4 7viii7 ,section #aaeja4 7ix7 ,section #abaea4 7x7 ,section #abejg4 7xi7 ,section #adgja4 7xii7 ,section #cjgjg1 with respect to the portion of the fine that goes to the ,united ,states ,government under subsection 7c7 of such section4 7xiii7 ,section #cacji4 7xiv7 ,section #caccj4 7xv7 ,section #daajg4 7xvi7 ,section #daajh4 7xvii7 ,section #dbajh4 7xviii7 ,section #ddajd4 7xix7 ,section #gjjeb4 7xx7 ,section #gjaai4 7xxi7 ,section #gjejf4 7xxii7 ,section #hjeji4 7,d7 ,any revenue generated in connection with the seizure and forfeiture of a maritime vessel under-- 7i7 section #c of the ,act of ,august #e1 #aice 7#di ,stat4 #eah1 chapter #dch2 #ai ,u4,s4,c4 #agjc72 7ii7 section #gjjeb of this title2 and 7iii7 section #gjejg of this title4 7#c7 ,total ,balance ,the total amount in the ,maritime ,security ,trust ,fund at any time shall not exceed #bj1jjj1jjj1jjj4 7#d7 ,expenditures ,amounts in the ,maritime ,security ,trust ,fund shall be available for making expenditures before ,october #a1 #bjce1 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 #bjbe1 including the amendments made in such ,act4 4 #bjb4 ,regular tonnage taxes 7a7 ,rate updates ,section #fjcja of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking 1 for fiscal years #bjjf through #bjaj1 and #b cents per ton not to exceed a total of #aj cents per ton per year1 for each fiscal year thereafter2 and 7#b7 in subsection 7b71 by striking 1 for fiscal years #bjjf through #bjaj1 and #f cents per ton1 not to exceed a total of #cj cents per ton per year1 for each fiscal year thereafter4 7b7 ,foreign shipyard of concern 7#a7 ,definition ,the term foreign shipyard of concern means-- 7,a7 a shipyard owned by a firm owned or controlled by the government of a foreign country of concern or a foreign entity of concern1 that has the capacity to produce both military and commercial vessels2 and 7,b7 a foreign shipyard designated under paragraph 7#b74 7#b7 ,designation 7,a7 ,in ,general ,beginning after ,october #a1 #bjbg1 the ,maritime ,security ,advisor1 in consultation with the ,maritime ,security ,board1 shall designate certain foreign shipyards that pose a threat to the national security or economic security of the ,united ,states as foreign shipyards of concern1 in accordance with this paragraph4 7,b7 ,notice and comment ,a proposed designation under subparagraph 7,a7 shall be subject to notice and comment in the ,federal ,register4 7,c7 ,annual revisions ,the list of shipyards designated under this paragraph shall be revised1 and new shipyards may be designated1 not more frequently than once a year4 7c7 ,penalty rates2 inflation ,section #fjcja of title #df1 ,united ,states ,code1 is further amended-- 7#a7 by redesignating subsection 7c7 as subsection 7e72 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,penalty rate 7#a7 ,in ,general ,in accordance with paragraph 7#b71 and in addition to the tax imposed on a vessel under subsection 7b71 a penalty tax with no annual limit is imposed on a vessel subject to the tax imposed under subsection 7b71 at a rate of-- 7,a7 #e per ton for a vessel that-- 7i7 is owned or operated by a foreign entity of concern2 7ii7 is a vessel registered under a registry of a foreign country of concern2 7iii7 was a vessel registered under a registry of a foreign country of concern at any time during the #c years preceding the date of the determination of the application of subsection 7a7 or 7b72 or 7iv7 is owned or operated by an entity1 with respect to which-- 7,i7 an amount equal to #ej percent or greater of the total number of vessels ordered at the time of the determination of the application of subsection 7a7 or 7b7 are vessels ordered from a shipyard of concern2 or 7,,ii7 an amount equal to #ej percent or greater of the total number of vessels that the entity expects to have delivered in the period of #bd months after the time of such determination are vessels expected to be delivered by a shipyard of concern2 7,b7 #c4ej per ton for a vessel that is owned or operated by an entity1 with respect to which-- 7i7 an amount equal to #be percent or more1 but less than #ej percent1 of the total number of vessels ordered at the time of the determination of the application of subsection 7a7 or 7b7 are vessels ordered from a shipyard of concern2 or 7ii7 an amount equal to #be percent or more1 but less than #ej percent1 of the total number of vessels that the entity expects to have delivered in the period of #bd months after the time of such determination are vessels expected to be delivered by a shipyard of concern2 7,c7 #a4be per ton for a vessel that is owned or operated by an entity with a fleet of vessels1 of which an amount equal to #ej percent or more of the number of such vessels were constructed or underwent any repairs 7excluding necessary repairs as described in paragraph 7#a7 of section #dff7;d7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adff7;d77#a777 in a shipyard of concern at any time during the #c years preceding the date of the determination of the application of subsection 7b74 7#b7 ,highest applicable rate ,a vessel with respect to which the descriptions in #b or more subparagraphs in paragraph 7#a7 apply1 shall be subject to the highest applicable rate described in that paragraph4 7#c7 ,definitions ,in this subsection-- 7,a7 the terms foreign country of concern and foreign entity of concern have the meanings given those terms in section #d of the ,,ships for ,america ,act of #bjbe2 and 7,b7 the term foreign shipyard of concern has the meaning give that term in section #bjb of that ,act4 7d7 ,index for inflation ,the taxes imposed under this section shall be annually increased to account for inflation4 4 #bjc4 ,presidential suspension of tonnage taxes and light money ,section #fjcjd of title #df1 ,united ,states ,code1 is amended to read as follows3 #fjcjd4 ,presidential suspension of tonnage taxes and light money 7a7 ,in general ,except as provided in subsection 7b71 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 ,states1 the ,president may suspend the imposition of special tonnage taxes and light money under sections #fjcjb and #fjcjc of this title on vessels of that country4 7b7 ,exception ,subsection 7a7 shall not apply to any vessel that-- 7#a7 is owned or operated by a foreign entity of concern 7as that term is defined in section #d of the ,,ships for ,america ,act of #bjbe72 7#b7 is a vessel registered under a registry of a foreign country of concern 7as that term is defined in section #d of the ,,ships for ,america ,act of #bjbe72 or 7#c7 was a vessel registered under a registry of a foreign country of concern 7as that term is defined in section #d of the ,,ships for ,america ,act of #bjbe7 at any time during the #c years preceding the date of the determination of the application of subsection 7a74 4 ,,iii ,sealift capability #cja4 ,sealift capability 7a7 ,in general ,subtitle ,v of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 ,h ,strategic sealift ,sec4#eiaja4 ,objectives and policy4#eiajb4 ,procurement1 maintenance1 and operation4#eiajc4 ,sealift prioritization4#eiajd4 ,report on privilege4 #eiaja4 ,objectives and policy 7a7 ,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-- 7#a7 sufficient to meet surge defense deployment and essential economic activities for the ,united ,states in times of crisis or war2 7#b7 sufficient to respond unilaterally to national security threats in geographic areas not covered by alliance commitments and ensure economic security resilience for ,united ,states trade2 and 7#c7 built1 operated1 and maintained during all times1 primarily in the ,united ,states to protect and ensure national security resiliency and avoid foreign coercion of critical supply chains4 7b7 ,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 7a74 7c7 ,strategy required 7#a7 ,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 7a74 7#b7 ,strategy components ,the strategy developed by the ,maritime ,security ,board shall include-- 7,a7 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 #eca of this title1 the ,cable ,security ,fleet under chapter #ecb of this title1 the ,tanker ,security ,fleet under chapter #ecd of this title1 the ,strategic ,commercial ,fleet under chapter #ecf of this title1 and the ,shipbuilding ,financial ,incentives program1 consistent with the most recent ,mobility ,capability ,requirements ,study produced by ,united ,states ,transportation ,command2 and 7,b7 an assessment of domestic shipbuilding capacity and a strategy to increase the capacity of the domestic shipbuilding industry utilizing the ,shipbuilding ,financial ,incentives program4 7#c7 ,national maritime strategy ,the strategy developed by the ,maritime ,security ,board under paragraph 7#a7 shall be consistent with the ,national ,maritime ,strategy developed under section #ejaad4 7d7 ,report required 7#a7 ,in ,general ,upon completion1 the ,maritime ,security ,board shall transmit to the appropriate committees of ,congress a summary of the strategy developed under subsection 7c71 with a classified annex as necessary4 7#b7 ,definition ,in this part1 the term appropriate committees of ,congress has the meaning given that term in section #d of the ,,ships for ,america ,act of #bjbe4 #eiajb4 ,procurement1 maintenance1 and operation 7a7 ,statement of policy ,the ,maritime ,administrator1 in coordination with the ,secretary of ,defense and the ,secretary of ,homeland ,security1 shall build1 acquire1 maintain1 coordinate1 support1 and operate a sufficient and privileged fleet of vessels of the ,united ,states with commercial and military sealift capability4 7b7 ,supplemental capability ,in developing sealift capability under this part1 the ,secretary of ,transportation and the ,secretary of ,defense shall continue to support a sufficient ,maritime ,security ,fleet under chapter #eca of this title1 a ,cable ,security ,fleet under chapter #ecb of this title1 a ,tanker ,security ,fleet under chapter #ecd of this title1 the ,strategic ,commercial ,fleet under chapter #ecf of this title1 a ,military ,sealift ,command of the ,department of the ,navy1 and a ,ready ,reserve ,force component of the ,national ,defense ,reserve ,fleet under section #egajj of this title1 to provide capacity and resiliency for unilateral ,united ,states strategic sealift in peace1 crisis1 and war4 7c7 ,judicial review ,no court shall have jurisdiction to review decisions made by the ,maritime ,administrator1 the ,secretary of ,defense1 or the ,secretary of ,homeland ,security with respect to this section4 #eiajc4 ,sealift prioritization 7a7 ,in general ,in acquiring1 maintaining1 coordinating1 and supporting a fleet of vessels capable of providing sealift capacity during wartime and crisis1 the ,maritime ,administrator1 in coordination with the ,secretary of ,defense1 shall ensure the availability of vessels1 in the following order of priority3 7#a7 ,commercial vessels of the ,united ,states4 7#b7 ,vessels of the ,united ,states that are owned and operated by the ,united ,states ,government4 7#c7 ,vessels of countries that are defense treaty allies of the ,united ,states4 7#d7 ,vessels of countries that are strategic partners of the ,united ,states4 7b7 ,judicial review ,no court shall have jurisdiction to review decisions made by the ,maritime ,administrator or the ,secretary of ,defense with respect to this section4 #eiajd4 ,report on privilege 7a7 ,in general ,not later than ,march #a1 #bjbf1 the ,secretary of ,transportation1 in coordination with the ,secretary of ,commerce1 the ,chair of the ,federal ,maritime ,commission1 and the ,director of the ,office of ,management and ,budget1 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 regulation1 taxation1 fees1 insurance1 and policy compared to foreign vessels conducting trade with a ,united ,states domiciled entity1 while remaining consistent with the international obligations of the ,united ,states4 7b7 ,contents ,in submitting the report under subsection 7a71 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 #eca of this title1 the ,cable ,security ,fleet under chapter #ecb of this title1 the ,tanker ,security ,fleet under chapter #ecd of this title1 the ,strategic ,commercial ,fleet under chapter #ecf of this title1 and other vessels of the ,united ,states operating in foreign commerce4 4 7b7 ,clerical amendment ,the table of chapters for subtitle ,v of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 ,part ,h--,strategic sealift 4 #cjb4 ,national ,freight ,strategic ,plan ,section #gjajb7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#af71 by striking and after the semicolon2 7#b7 in paragraph 7#ag71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#ah7 consideration of ,united ,states strategic sealift objectives and strategies established under section #eiaja of title #df2 and 7#ai7 consideration of maritime networks in multimodal freight corridors4 4 #cjc4 ,foreign shipping practices2 controlled carriers 7a7 ,foreign shipping practices ,section #dbcja7;b7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by inserting or passengers after transportation of cargo2 and 7#b7 in paragraph 7#e71 by inserting or passengers after carriage of cargo4 7b7 ,controlled carriers ,chapter #djg of title #df1 ,united ,states ,code1 is amended-- 7#a7 in section #djgja-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a71 by striking or at the end2 7ii7 in paragraph 7#b71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7#c7 arrange or provide passenger transportation at a fare that is below a just and reasonable level4 2 7,b7 in subsection 7b71 by striking rule1 or regulation and inserting rule1 regulation1 or fare2 7,c7 in subsection 7c71 by striking rule1 or regulation and inserting rule1 regulation1 or fare2 and 7,d7 in subsection 7d71 by striking rule1 or regulation and inserting rule1 regulation1 or fare2 7#b7 in section #djgjb7;b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking rule1 or regulation and inserting rule1 regulation1 or fare2 7,b7 in paragraph 7#a71 by striking rate or charge and inserting rate1 charge1 or fare2 and 7,c7 in paragraph 7#b71 by striking rule1 or regulation and inserting rule1 regulation1 or fare2 7#c7 in section #djgjc1 by striking a rate1 charge1 and inserting a rate1 fare1 charge12 and 7#d7 in section #djgjd-- 7,a7 in subsection 7a71 by striking rule1 or regulation and inserting rule1 regulation1 or fare2 7,b7 in subsection 7b71 by striking rule1 or regulation and inserting rule1 regulation1 or fare2 7,c7 in subsection 7c71 by striking rule1 or regulation and inserting rule1 regulation1 or fare each place the term appears2 7,d7 in subsection 7d7-- 7i7 in paragraph 7#a71 by striking rule1 or regulation and inserting rule1 regulation1 or fare each place the term appears2 and 7ii7 in paragraph 7#b71 by striking rule1 or regulation and inserting rule1 regulation1 or fare each place the term appears2 and 7,e7 in subsection 7e71 by striking rule1 or regulation and inserting rule1 regulation1 or fare each place the term appears4 ,,iv ,vessels of the ,united ,states in international commerce ,a ,strategic sealift programs #dja4 ,strategic ,commercial ,fleet 7a7 ,in general ,part ,c of subtitle ,v of title #df1 ,united ,states ,code1 is amended by inserting after chapter #ece the following3 #ecf ,strategic ,commercial ,fleet ,sec4#ecfja4 ,definitions4#ecfjb4 ,establishment of ,strategic ,commercial ,fleet4#ecfjc4 ,operating agreements4#ecfjd4 ,payments4#ecfje4 ,national security requirements4#ecfjf4 ,regulations4 #ecfja4 ,definitions ,in this chapter3 7#a7 ,administrator ,the term ,administrator means the ,maritime ,administrator4 7#b7 ,appropriate committees of congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,armed ,services1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,armed ,services1 the ,committee on ,transportation and ,infrastructure1 and the ,committee on ,appropriations of the ,house of ,representatives4 7#c7 ,coastwise trade ,the term coastwise trade means commerce or trade that is subject to the requirements of section #eeajb4 7#d7 ,covered entity ,the term covered entity means-- 7,a7 any owner or operator of a vessel eligible under section #ecfjb7;d72 or 7,b7 a bid team consisting of-- 7i7 an entity eligible under subparagraph 7,a72 7ii7 a shipyard in the ,united ,states with the ability1 experience1 financial resources1 and other qualifications necessary for-- 7,i7 the construction of a vessel eligible for inclusion in the ,strategic ,commercial ,fleet2 or 7,,ii7 the repair of such a vessel2 and 7iii7 another legal entity that is not a foreign entity of concern4 7#e7 ,fleet ,the term ,fleet means the ,strategic ,commercial ,fleet established under section #ecfjb4 7#f7 ,foreign commerce ,the term foreign commerce means-- 7,a7 commerce or trade between the ,united ,states1 its territories or possessions1 or the ,district of ,columbia1 and a foreign country2 and 7,b7 commerce or trade between foreign countries4 7#g7 ,foreign country of concern2 foreign entity of concern ,the terms foreign country of concern and foreign entity of concern have the meanings given such terms in section #d of the ,shipbuilding and ,harbor ,infrastructure for ,prosperity and ,security for ,america ,act of #bjbe4 7#h7 ,qualified foreign built vessel ,the term qualified foreign built vessel-- 7,a7 means a vessel that-- 7i7 is not more than #ad years of age2 7ii7 is1 prior to entry into the ,fleet1 documented under the laws of the ,united ,states2 and 7iii7 was constructed 7or reconstructed7 outside the ,united ,states2 and 7,b7 does not include a vessel that-- 7i7 was owned or operated by a foreign entity of concern2 7ii7 is a vessel of a foreign country of concern2 7iii7 was constructed by a shipyard that was owned or operated by a foreign entity of concern or located in a foreign country of concern2 or 7iv7 was registered as a vessel of a foreign country of concern at any time during the #c years prior to entry into the ,fleet4 7#i7 ,united ,states built vessel ,the term ,united ,states built vessel means a vessel that is constructed in the ,united ,states 7and1 if reconstructed1 reconstructed in the ,united ,states74 7#aj7 ,united ,states citizen trust ,the term ,united ,states citizen trust has the meaning given such term in section #ecbja4 #ecfjb4 ,establishment of ,strategic ,commercial ,fleet 7a7 ,in general ,the ,administrator1 in consultation with the ,secretary of ,defense1 shall establish a fleet1 to be known as the ,strategic ,commercial ,fleet1 of active1 commercially viable1 militarily useful1 privately owned vessels to meet national defense and other security requirements and maintain a ,united ,states presence in international commercial shipping4 7b7 ,number of vessels ,the ,administrator shall seek to select eligible vessels described in subsection 7d7 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 #ejdja7;b77#b77;,b77i74 ,through such annual selection process1 the ,administrator shall-- 7#a7 select for inclusion in the ,fleet not fewer than #aj vessels in the #ab-month period that begins on the date that is #b years after the date of enactment of this section2 7#b7 increase the number of vessels selected for inclusion in the ,fleet annually such that not later than #e years after such date of enactment1 not fewer than #bj vessels are selected for such inclusion annually2 and 7#c7 ensure that the total number of vessels included in the fleet shall be not more than #bej vessels at any point in time4 7c7 ,solicitation2 entry into fleet 7#a7 ,solicitation 7,a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,administrator shall solicit applications from covered entities to competitively select vessels that are eligible under subsection 7d7 and meet the requirements of this subsection for inclusion in the ,fleet4 7,b7 ,public solicitation requirements ,in soliciting applications under subparagraph 7,a71 the ,administrator-- 7i7 shall-- 7,i7 publish a notice in the ,federal ,register1 which1 at a minimum1 identifies the requirements for the number of vessels as established by the ,administrator and the ,maritime ,security ,board under subsection 7b72 and 7,,ii7 allow applicants not less than #cj days to submit an application for entry into the ,fleet2 and 7ii7 may1 in coordination with the ,maritime ,security ,board1 include in the notice in the ,federal ,register-- 7,i7 target numbers for each vessel type that will be selected for inclusion in the ,fleet each year2 and 7,,ii7 guidance on proposed annual operating support payments and annual capital support payments for each vessel type solicited1 to ensure-- 7aa7 covered entities submit applications that are priced competitively and meet the needs of the ,fleet2 and 7bb7 there is a competitive selection process as described in this section4 7#b7 ,eligible applications ,the ,administrator shall solicit and accept applications in separate processes for each of the following3 7,a7 ,newly constructed vessels 7i7 ,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 commerce4 7ii7 ,interim vessel ,an application described in clause 7i7 from a covered entity may include a proposal for the use of an interim vessel1 if such proposal provides that-- 7,i7 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 ,fleet1 in accordance with the milestones established within the operating agreement under section #ecfjc7;c77#a72 7,,ii7 when the ,united ,states built vessel enters the ,fleet or the covered entity fails to meet milestones established in the operating agreement1 the qualified foreign-built vessel shall be removed from the ,fleet2 and 7,,iii7 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 concern4 7,b7 ,qualified foreign-built vessels 7i7 ,in general ,through fiscal year #bjcj1 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 commerce4 7ii7 ,exception ,after fiscal year #bjcj1 the ,administrator may not enter into a new agreement to bring a qualified foreign-built vessel into the ,fleet unless-- 7,i7 the vessel is operating as an interim vessel under subparagraph 7,a77ii72 or 7,,ii7 the ,administrator and ,secretary of ,defense1 in consultation with the ,maritime ,security ,board1 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 7b74 7#c7 ,procedure 7,a7 ,in general ,a covered entity desiring to have a vessel selected for the ,fleet shall submit an eligible application under paragraph 7#b7 as at such time1 in such manner1 and containing such information as the ,administrator may require4 ,such application shall include-- 7i7 a proposed annual operating support payment1 which may cover the difference in operating costs 7including costs associated with vessel repair7 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 country2 7ii7 in the case of an application described in paragraph 7#b77;,a71 a proposed annual capital support payment1 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 shipyard2 and 7iii7 any other support payments needed to make a vessel commercially viable in foreign commerce4 7,b7 ,bid team ,in the case of an eligible entity that is a bid team described in section #ecfja7d77;,b71 such team shall jointly submit an application under this subsection for inclusion in the ,fleet4 7#d7 ,acceptance into fleet 7,a7 ,in general ,the ,administrator shall evaluate eligible applications submitted under this subsection in order to1 in accordance with this paragraph1 select applications that meet the requirements of this section for acceptance in the ,fleet4 7,b7 ,citizenship preference ,in selecting applications to meet the requirements of this section1 the ,administrator shall ensure1 to the extent sufficient qualified applications are received under this subsection1 that not less than #be percent of vessels selected for the ,fleet shall be owned or operated by a covered entity that is1 or a bid team led by1 a citizen of the ,united ,states under section #ejeja4 7,c7 ,priority ,in evaluating eligible applications for selection in the ,fleet and subject to subparagraph 7,b71 the ,administrator shall give priority to-- 7i7 applications that represent the best value to the ,federal ,government2 and 7ii7 applications for vessels1 or for vessels providing services1 that are determined by the ,maritime ,security ,board to have capabilities critical to the national and economic security of the ,united ,states4 7,d7 ,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 #ecd of this title1 the ,administrator1 in coordination with the ,maritime ,security ,board1 may select for inclusion in the ,fleet a number of tanker vessels that is consistent with the requirements of the ,study4 7,e7 ,considerations for review ,in evaluating eligible applications submitted under this subsection for selection in the ,fleet1 the ,administrator shall-- 7i7 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 emergency2 7ii7 determine that any vessel so selected will aid in the promotion and development of foreign commerce2 7iii7 determine that-- 7,i7 the proposed use of the vessel in commercial service is reasonable2 and 7,,ii7 the owner or operator of the vessel possesses the ability1 experience1 financial resources1 and other qualifications necessary for the operation and maintenance of the vessel2 7iv7 determine that a shipyard selected to construct a vessel under this section possesses the ability1 experience1 financial resources1 equipment1 and other qualifications necessary to properly construct the vessel2 7v7 determine that the price for the construction 7if applicable7 and operation of a vessel under this section is fair and reasonable2 7vi7 consider whether the covered entity commits to-- 7,i7 use equipment1 materials1 and supplies that are produced in the ,united ,states2 and 7,,ii7 utilize1 to the maximum extent practicable1 subcontractors and suppliers that are based in the ,united ,states2 7vii7 consider whether the covered entity commits to repair1 repower1 and recondition a vessel under this section in a shipyard in the ,united ,states2 and 7viii7 consider whether the covered entity has made commitments to worker and community investment1 including through-- 7,i7 programs to expand employment opportunity for economically disadvantaged individuals2 or 7,,ii7 securing commitments from regional educational and training entities and institutions of higher education1 as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb71 to provide workforce training1 including programming for training and job placement of economically disadvantaged individuals4 7#e7 ,timing 7,a7 ,qualified foreign vessel ,not later than #ahj days after entering into an operating agreement under section #ecfjc with a covered entity for inclusion of a qualified foreign-built vessel into the ,fleet1 such vessel shall be placed into service as part of the ,fleet4 7,b7 ,newly constructed vessel ,not later than #cf months after entering into an operating agreement under section #ecfjc with a covered entity for inclusion of a newly constructed ,united ,states built vessel described in paragraph 7#b77;,a71 such vessel shall be placed into service as part of the ,fleet4 7,c7 ,delayed admission ,the ,administrator may delay the entry of a vessel selected to participate in the ,fleet for-- 7i7 a delay in the construction of such vessel2 or 7ii7 difficulty of the owner or operator of such vessel in recruiting ,united ,states mariners as required under section #ecfjc7;b77#a77;,a74 7d7 ,vessel eligibility ,a vessel is eligible to be included in the ,fleet if-- 7#a7 the vessel-- 7,a7 is a vessel of the ,united ,states2 or 7,b7 is not a vessel of the ,united ,states1 but-- 7i7 the owner of the vessel has demonstrated an intent to have the vessel documented under chapter #aba of this title if it is included in the ,fleet2 and 7ii7 by the time an operating agreement is entered into under section #ecfjc1 the vessel is documented under chapter #aba of this title2 7#b7 the vessel is a ,united ,states built vessel or a qualified foreign-built vessel2 7#c7 the vessel is-- 7,a7 a bulk carrier vessel2 7,b7 a tanker vessel2 7,c7 a roll-on_/roll-off vessel2 7,d7 a liquefied natural gas tanker vessel2 7,e7 a container vessel2 7,f7 a multi-purpose vessel2 7,g7 a cable vessel 7as defined in section #ecbja of this title72 7,h7 a heavy-lift vessel2 or 7,i7 any other type of vessel determined appropriate by the ,administrator1 in consultation with the ,maritime ,security ,board2 7#d7 the vessel is operated 7or will be operated7 in providing transportation in foreign commerce2 7#e7 the vessel meets the requirements of paragraph 7#a71 7#b71 7#c71 or 7#d7 of subsection 7e72 7#f7 the vessel-- 7,a7 is suitable for use by the ,united ,states for national defense or military purposes in time of war or national emergency1 as determined by the ,secretary of ,defense2 7,b7 is commercially viable1 as determined by the ,administrator2 and 7,c7 has dedicated space for the training of-- 7i7 cadets of the ,merchant ,marine ,academy consistent with the requirements of section #eacjg7;b72 7ii7 students of a ,state maritime academy1 consistent with the requirements of section #eaejg2 or 7iii7 participants in another workforce training program identified by the ,administrator2 and 7#g7 the vessel will1 for the period of an operating agreement under section #ecfjc that applies to the vessel1 meet any other requirement determined appropriate by the ,administrator4 7e7 ,requirements regarding citizenship of owners1 charterers1 and operators 7#a7 ,vessel owned and operated by section #ejeja citizens ,a vessel meets the requirements of this paragraph if1 during the period of an operating agreement under this chapter that applies to the vessel1 the vessel will be owned and operated by #a or more persons that are citizens of the ,united ,states under section #ejeja4 7#b7 ,vessel owned by section #ejeja citizen or ,united ,states citizen trust and chartered to documentation citizen ,a vessel meets the requirements of this paragraph if-- 7,a7 during the period of an operating agreement under this chapter that applies to the vessel1 the vessel will be-- 7i7 owned by a person that is a citizen of the ,united ,states under section #ejeja of this title or that is a ,united ,states citizen trust2 and 7ii7 demise chartered to a person-- 7,i7 that is eligible to document the vessel under chapter #aba of this title2 7,,ii7 the chairman of the board of directors1 chief executive officer1 and a majority of the members of the board of directors of which are citizens of the ,united ,states under section #ejeja of this title1 and are appointed and subjected to removal only upon approval by the ,administrator2 and 7,,iii7 that certifies to the ,administrator that there are no treaties1 statutes1 regulations1 or other laws that would prohibit the covered entity for the vessel from performing its obligations under an operating agreement under this chapter2 7,b7 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 #ejeja of this title1 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 ,states2 and 7,c7 the ,administrator and the ,secretary of ,defense notify the appropriate committees of ,congress that they concur with the certification required under subparagraph 7,a77ii77,,iii7 and have reviewed and agree that there are no other legal1 operational1 or other impediments that would prohibit the covered entity for the vessel from performing its obligations under an operating agreement under this chapter4 7#c7 ,vessel owned and operated by defense contractor ,a vessel meets the requirements of this paragraph if-- 7,a7 during the period of an operating agreement under this chapter that applies to the vessel1 the vessel will be owned and operated by a person that-- 7i7 is eligible to document a vessel under chapter #aba of this title2 7ii7 operates or manages other ,united ,states-documented vessels for the ,secretary of ,defense1 or charters other vessels to the ,secretary of ,defense2 7iii7 has entered into a special security agreement for purposes of this paragraph with the ,secretary of ,defense2 7iv7 makes the certification described in paragraph 7#b77;,a77ii77,,iii72 and 7v7 in the case of a vessel described in paragraph 7#b77;,b71 enters into an agreement referred to in that paragraph2 and 7,b7 the ,administrator and the ,secretary of ,defense notify the appropriate committees of ,congress that they concur with the certification required under subparagraph 7,a77iv71 and have reviewed and agree that there are no other legal1 operational1 or other impediments that would prohibit the covered entity for the vessel from performing its obligations under an operating agreement under this chapter4 7#d7 ,vessel owned by documentation citizen and chartered to section #ejeja citizen ,a vessel meets the requirements of this paragraph if1 during the period of an operating agreement under this chapter that applies to the vessel1 the vessel will be-- 7,a7 owned by a person that is eligible to document a vessel under chapter #aba2 and 7,b7 demise chartered to a person that is a citizen of the ,united ,states under section #ejeja4 #ecfjc4 ,operating agreements 7a7 ,in general ,the ,administrator shall require1 as a condition of including any vessel in the ,fleet1 that the covered entity for the vessel enter into an operating agreement under this section4 7b7 ,requirements 7#a7 ,general requirements ,an operating agreement required under subsection 7a7 shall require the vessel subject to such agreement to meet the following requirements3 7,a7 ,during the period in which the vessel is operating under the agreement-- 7i7 the vessel will be crewed in accordance with section #hajc of title #df1 ,united ,states ,code2 7ii7 the vessel shall be operated within the ,fleet exclusively in foreign commerce and not in coastwise trade2 7iii7 the covered entity will have in effect an emergency preparedness agreement described in section #ecfje for the period of such agreement2 and 7,b7 ,beginning on the first day of the operating agreement1 the vessel will be permanently ineligible for a coastwise endorsement under section #abaab of this title or to otherwise participate in the coastwise trade1 even if the operating agreement is terminated or not renewed4 7#b7 ,vessel repair requirements 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the operating agreement required under subsection 7a7 shall-- 7i7 require that the vessel subject to such agreement undergo a set percentage1 agreed to between the ,administrator and the covered entity1 of repair work 7excluding necessary repairs as described in paragraph 7#a7 of section #dff7;d7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adff7;d77#a777 at a shipyard in the ,united ,states2 and 7ii7 prohibit the vessel subject to such agreement from receiving repairs at a shipyard in a foreign country of concern 7as defined in section #d of the ,,ships for ,america ,act of #bjbe74 7,b7 ,exception for interim vessels ,the requirements of clauses 7i7 and 7ii7 of subparagraph 7,a7 shall not apply to interim vessels included in the fleet under #ecfjb7;c77#b77;,a77ii74 7,c7 ,authority of the ,secretary of ,transportation ,notwithstanding any other provision of law1 the ,secretary of ,transportation may modify or waive any requirement of subparagraph 7,a7 only if the ,secretary1 in consultation with the ,maritime ,security ,board-- 7i7 determines that waiving such requirements are in the national security interest of the ,united ,states2 and 7ii7 makes such a determination publicly available in writing and submits the determination to the appropriate committees of ,congress 7as defined in section #d of the ,shipbuilding and ,harbor ,infrastructure for ,prosperity and ,security for ,america ,act of #bjbe74 7#c7 ,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 is1 or was1 covered by an operating agreement under this chapter is permanently ineligible for a coastwise endorsement under section #abaab of this title or to otherwise participate in the coastwise trade1 as required under paragraph 7#a77;,b74 7c7 ,milestones and payments ,the operating agreement shall-- 7#a7 prescribe specific milestones for project completion1 as agreed upon between the ,administrator and the covered entity2 and 7#b7 specify the schedule of operating support payments1 and as applicable1 capital support payments and other incentives and payments1 based on completion of such milestones and consistent with the eligible application submitted by the covered entity under section #ecfjb7;c77#c77;,a71 as agreed to by the ,administrator and the covered entity4 7d7 ,incentives 7#a7 ,state of the art technology incentives ,an operating agreement required under subsection 7a7 may include incentives to support the testing or adoption of state of the art technology1 including artificial intelligence1 advanced shipbuilding techniques1 automation1 modern propulsion systems1 environmental performance1 crew safety1 national defense features1 and other technologies identified by the ,maritime ,security ,board to be relevant in advancing the military and economic security of the ,united ,states4 7#b7 ,performance incentives ,the operating agreement may include incentive payments for eligible entities that exceed the milestones established under subsection 7c77#a74 7e7 ,term of operating agreement 7#a7 ,in general ,an operating agreement to participate in the ,fleet shall be for a period of #g years4 7#b7 ,renewal of agreement 7,a7 ,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 agreement4 7,b7 ,renewal limitation ,an operating agreement under this section may be renewed not more than #b times4 7#c7 ,termination payment 7,a7 ,no-fault termination during contract ,subject to subparagraph 7,b71 a covered entity for a vessel operating under an operating agreement under this section shall receive a termination payment if any of the following applies3 7i7 ,no-fault termination ,capital support payments provided to a covered entity under an operating agreement are terminated during a contract term4 7ii7 ,no-fault non-renewal ,an operating agreement is not selected to be renewed under paragraph 7#b74 7,b7 ,administrator determination for material lack of compliance ,in any case in which the ,administrator determines under subsection 7f7 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 and1 due to such failure to comply1 the operating agreement is terminated or not selected for renewal1 the ,administrator may determine that the covered entity is not entitled to a termination payment and subparagraph 7,a7 shall not apply4 7,c7 ,termination payment defined ,in this paragraph1 the term termination payment means a payment in an amount that equals the product of-- 7i7 the percentage of the remaining useful life of the vessel1 calculated using #ba years as the maximum useful life of the vessel2 multiplied by 7ii7 the difference in the cost of constructing the vessel in the ,united ,states and the cost of constructing the vessel in a foreign country1 to the extent such cost difference was not recovered by the covered entity through payments received under any operating agreement under this section4 7f7 ,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-- 7#a7 the ,administrator shall notify the covered entity and provide a reasonable opportunity to comply with the operating agreement2 and 7#b7 if the covered entity fails to achieve such compliance1 the ,administrator-- 7,a7 shall terminate the operating agreement2 7,b7 shall not renew the operating agreement under subsection 7e77#b72 and 7,c7 may take steps to recover an amount equal to the payments and incentives provided to the covered entity under this chapter4 7g7 ,nonrenewal for lack of funds ,if1 by the first day of a fiscal year1 sufficient funds have not been appropriated under the authority provided by this chapter for that fiscal year1 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 #fjth day of that fiscal year4 7h7 ,release of vessels from obligations 7#a7 ,in general ,a vessel covered by an operating agreement under this chapter is released from any further obligation under the operating agreement1 except for the requirements of paragraph 7#b71 if-- 7,a7 the ,administrator terminated or did not renew the operating agreement under subsection 7f72 7,b7 the covered entity elects to not renew its operating agreement with the ,administrator2 7,c7 the vessel is ineligible for renewal under subsection 7e77#b72 or 7,d7 funds are not appropriated to the ,administrator for payments under the operating agreement under this chapter for any fiscal year by the #fjth day of that fiscal year4 7#b7 ,coastwise trade ,consistent with the requirements of subsection 7b77#a77;,b71 a vessel released from obligations under paragraph 7#a7 shall remain permanently ineligible for a coastwise endorsement under section #abaab of this title or to otherwise participate in the coastwise trade4 7#c7 ,authority to transfer vessel 7,a7 ,in general ,after a vessel is released from obligations under paragraph 7#a71 the covered entity may transfer and register such vessel under a foreign registry that-- 7i7 is acceptable to the ,administrator and the ,secretary of ,defense1 and allows the requisitioning of the vessel for title or use1 notwithstanding section #efaja of this title2 and 7ii7 is not a foreign country of concern4 7,b7 ,emergency acquisition of vessels ,if chapter #efc of this title is applicable to a vessel after registration in a foreign registry described in subparagraph 7,a71 then the vessel is available to be requisitioned by the ,secretary of ,transportation pursuant to such chapter4 7i7 ,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 chapter4 #ecfjd4 ,payments 7a7 ,in general ,an operating agreement under this chapter shall require that the ,administrator make payments to the covered entity1 in accordance with the milestones established under section #ecfjc7;c77#a7 and the operating agreement under section #ecfjc and subject to the availability of appropriations under subsection 7e74 7b7 ,limitations ,notwithstanding any other provision of this chapter1 the ,administrator shall not make any payment under this chapter for a vessel-- 7#a7 with respect to any day for which-- 7,a7 the vessel is not operated or maintained in accordance with an operating agreement under this chapter2 7,b7 the vessel is under a charter to the ,united ,states ,government2 or 7,c7 except as provided under subsection 7c71 the vessel is engaged in transporting military or other preference cargoes under section #eecjb7;a71 #eecjd1 #eecje1 or #eecad of this title1 section #bfca of title #aj1 or any other cargo preference law of the ,united ,states2 or 7#b7 that participates in the coastwise trade in violation of the operating agreement and section #ecfjc7;b77#a77;,b74 7c7 ,preference cargos 7#a7 ,in general ,the ,secretary of ,transportation may waive the requirement of subsection 7b77#a77;,c7 to the extent1 in the manner1 and on the terms the ,secretary prescribes1 only if-- 7,a7 the ,administrator1 acting in the ,administrator's capacity as ,director of the ,national ,shipping ,authority-- 7i7 determines the non-availability of qualified vessels of the ,united ,states that are not enrolled in the ,strategic ,commercial ,fleet2 and 7ii7 notifies the ,secretary of such determination2 7,b7 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 determination2 and 7,c7 by not later than #g days after issuing a waiver under this subsection1 the ,secretary notifies the appropriate committees of ,congress and posts such waiver on a public website of the ,maritime ,administration4 7#b7 ,non-delegation ,the ,secretary of ,transportation shall not delegate the waiver authority provided under paragraph 7#a74 7d7 ,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 agreement1 subject to the availability of appropriations under subsection 7e74 7e7 ,appropriations from the ,maritime ,security ,trust ,fund 7#a7 ,in general ,there is authorized to be appropriated to the ,administrator for payments to covered entities under this section1 out of the ,maritime ,security ,trust ,fund established under section #ejcja7;b7 of this title-- 7,a7 for fiscal year #bjbf1 #aej1jjj1jjj2 7,b7 for fiscal year #bjbg1 #cjj1jjj1jjj2 7,c7 for fiscal year #bjbh1 #eej1jjj1jjj2 7,d7 for fiscal year #bjbi1 #hjj1jjj1jjj2 7,e7 for fiscal year #bjcj1 #a1jjj1jjj1jjj2 7,f7 for fiscal year #bjca1 #a1bjj1jjj1jjj2 7,g7 for fiscal year #bjcb1 #a1djj1jjj1jjj2 7,h7 for fiscal year #bjcc1 #a1fjj1jjj1jjj2 7,i7 for fiscal year #bjcd1 #a1ijj1jjj1jjj2 and 7,j7 for fiscal year #bjce1 #b1ajj1jjj1jjj4 7#b7 ,availability ,amounts made available under paragraph 7#a7 shall remain available until expended4 7f7 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 or an undertaking for the purposes of division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code4 7g7 ,buy ,america ,section #edaja7;d77#b7 shall apply to any funds obligated by the ,administrator under this section that are used to construct or repair a ,united ,states-built vessel4 #ecfje4 ,national security requirements 7a7 ,emergency preparedness agreement required ,the ,administrator1 in coordination with the ,secretary of ,defense1 shall establish an emergency preparedness program under this section under which the program participant for an operating agreement under this chapter shall agree1 as a condition of the operating agreement1 to enter into an emergency preparedness agreement with the ,administrator4 ,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 agreement4 7b7 ,use of existing program ,the ,administrator may use an existing emergency preparedness program1 as of the date of enactment of the ,shipbuilding and ,harbor ,infrastructure for ,prosperity and ,security for ,america ,act of #bjbe1 to satisfy the requirements of subsection 7a74 7c7 ,terms of agreement ,the terms of an emergency preparedness agreement under this section shall-- 7#a7 provide that upon request by the ,secretary of ,defense during time of war or national emergency1 or whenever determined by the ,secretary of ,defense to be necessary for national security or contingency operation 7as that term is defined in section #aja7;a7 of title #aj71 the program participant shall make available commercial transportation resources 7including services7 described in subsection 7e7 to the ,secretary of ,defense2 7#b7 shall include such additional terms as may be established by the ,administrator and the ,secretary of ,defense2 and 7#c7 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 ,defense4 7d7 ,participation after expiration of operating agreement ,the ,administrator may not require1 through an emergency preparedness agreement or an operating agreement1 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 effect4 ,after the expiration of an emergency preparedness agreement1 a program participant may voluntarily continue to participate in the agreement4 7e7 ,resources made available ,the commercial transportation resources to be made available under an emergency preparedness agreement shall include vessels or capacity in vessels1 terminal facilities1 management services1 and other related services1 or any agreed portion of such nonvessel resources for activation as the ,secretary of ,defense may determine to be necessary1 seeking to minimize disruption of the program participant's service to commercial customers4 7f7 ,compensation 7#a7 ,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 section4 7#b7 ,specific requirements ,compensation under this subsection-- 7,a7 shall not be less than the program participant's commercial market charges for like transportation resources2 7,b7 shall be fair and reasonable considering all circumstances2 7,c7 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 service2 and 7,d7 shall be in addition to and shall not in any way reflect amounts payable under section #ecfjd of this title4 7g7 ,temporary replacement vessels ,notwithstanding section #eecjb7;a71 #eecjd1 #eecje1 or #eecad of this title1 section #bfca of title #aj1 or any other cargo preference law of the ,united ,states-- 7#a7 a program participant may operate or employ in foreign commerce a foreign vessel1 or capacity in a foreign vessel1 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 program2 and 7#b7 such replacement vessel or vessel capacity shall be eligible during the replacement period to transport preference cargoes subject to sections #eecjb7;a71 #eecjd1 #eecje1 and #eecad of this title and section #bfca of title #aj1 to the same extent as the eligibility of the vessel or vessel capacity replaced4 7h7 ,redelivery and liability of the ,united ,states for damages 7#a7 ,in general ,all commercial transportation resources activated under an emergency preparedness agreement shall1 upon termination of the period of activation1 be redelivered to the program participant in the same good order and condition as when received1 less ordinary wear and tear1 or the ,secretary of ,defense shall fully compensate the program participant for any necessary repair or replacement4 7#b7 ,limitation on ,united ,states liability ,except as may be expressly agreed in an emergency preparedness agreement1 or as otherwise provided by law1 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 agreement4 #ecfjf4 ,regulations ,the ,administrator and the ,secretary of ,defense may each prescribe rules as necessary to carry out their respective responsibilities under this chapter4 4 7b7 ,conforming amendments ,section #eacjg7;b7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a7-- 7i7 by striking 1 or the and inserting 1 the2 and 7ii7 by inserting 1 or the ,strategic ,commercial ,fleet under chapter #ecf of this title before to--2 and 7,b7 in subparagraph 7,a71 by striking or ,tanker ,security ,fleet vessel and inserting ,tanker ,security ,fleet vessel1 or ,strategic ,commercial ,fleet vessel2 and 7#b7 in paragraph 7#b71 by striking or #ecd and inserting #ecd1 or #ecf4 7c7 ,clerical amendment ,the table of chapters for subtitle ,v of title #df1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #ece the following3 #ecf4,strategic ,commercial ,fleet#ecfja 4 #djb4 ,fleet testing and briefing requirement 7a7 ,test ,not later than #ahj days after the date of enactment of this ,act1 the ,commander of the ,united ,states ,transportation ,command1 in coordination with the ,secretary of the ,navy and the ,maritime ,administrator1 shall devise a tabletop exercise to test the effective control of the ,maritime ,security ,fleet under chapter #eca of title #df1 ,united ,states ,code1 and the ,tanker ,security ,fleet under chapter #ecd of such title1 in case of crisis or war4 7b7 ,briefing ,after completion of the tabletop exercise under subsection 7a71 the ,commander shall submit to the appropriate committees of ,congress a briefing on the results of such tabletop exercise4 7c7 ,annual testing ,beginning not later than #a year after the briefing is submitted under subsection 7b71 the ,commander shall-- 7#a7 carry out tabletop drills to test effective control of the ,maritime ,security ,fleet under chapter #eca of title #df1 ,united ,states ,code1 and the ,tanker ,security ,fleet under chapter #ecd of such title2 and 7#b7 provide to the appropriate committees of ,congress a briefing after each such drill on the results of such drill4 #djc4 ,assessment of undersea cable repair contingencies 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,defense1 in coordination with the ,maritime ,administrator1 the ,federal ,communications ,commission1 and other relevant ,federal agencies1 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 #ecb of title #df1 ,united ,states ,code1 to repair transoceanic submarine fiber optic cables that may be damaged or cut by adversaries4 7b7 ,contents ,the assessment under subsection 7a7 shall include-- 7#a7 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 time2 7#b7 a determination as to how long it would take for the ,cable ,security ,fleet1 in coordination with partner countries1 to repair such cables2 and 7#c7 the options available to provide connectivity in an emergency or crisis caused by1 or related to1 the damaging or severing of such cables4 #djd4 ,modification to duties relating to equipment and repair of vessels 7a7 ,in general ,section #dff of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adff7 is amended-- 7#a7 in subsection 7a71 in the first sentence1 by striking #ej per centum on the cost thereof in such foreign country and inserting #gj percent of the cost thereof in such foreign country or1 in the case of a foreign country of concern 7as defined in section #d of the ,shipbuilding and ,harbor ,infrastructure for ,prosperity and ,security for ,america ,act of #bjbe71 #bjj percent of the cost thereof in such country2 and 7#b7 by adding at the end the following3 7i7 ,temporary exception for repairs made in certain countries 7#a7 ,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 #bjbe and ending on ,december #ca1 #bjce1 the duty imposed under subsection 7a7 shall1 except as provided by paragraph 7#b71 not apply to the cost of equipment1 or any part of equipment1 purchased for1 or expenses of repair parts or materials to be used for1 or repairs made in a foreign country on1 a vessel engaged in foreign trade if the ,maritime ,administrator confirms that-- 7,a7 the vessel-- 7i7 is participating in-- 7,i7 the ,maritime ,security ,fleet under chapter #eca of title #df1 ,united ,states ,code2 7,,ii7 the ,cable ,security ,fleet under chapter #ecb of such title2 7,,iii7 the ,tanker ,security ,fleet under chapter #ecd of such title2 or 7,,iv7 the ,strategic ,commercial ,fleet under chapter #ecf of such title2 or 7ii7 has entered into an emergency preparedness agreement under section #ecajg or #ecdjg of title #df1 ,united ,states ,code1 or a contingency agreement under section #ecbjg of such title1 or has otherwise entered into a voluntary agreement and plan of action with the ,maritime ,administrator as authorized under section #gjh7;c7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deeh7;c772 and 7,b7 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 ,states4 7#b7 ,inapplicability to foreign countries of concern ,duty-free treatment under paragraph 7#a7 does not apply with respect to the cost of equipment1 or any part of equipment1 purchased for repairs made in a foreign country of concern 7as defined in section #d of the ,shipbuilding and ,harbor ,infrastructure for ,prosperity and ,security for ,america ,act of #bjbe7 on a vessel engaged in foreign trade1 or expenses of repair parts or materials to be used for such repairs1 or other expenses of such repairs4 4 7b7 ,report required ,not less than #b years after the date of enactment of this ,act1 and every #b years thereafter through ,december #ca1 #bjce1 the ,maritime ,administrator shall submit to the appropriate committees of ,congress a report-- 7#a7 describing the number of vessels that paid the duties under section #dff of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adff71 and the location where the repairs described in such section occurred2 7#b7 7,a7 identifying shipyards of the ,united ,states that have capacity to carry out vessel repairs2 and 7,b7 describing the extent to which vessels of the ,united ,states chose to conduct repairs in such shipyards during the period covered by the report2 7#c7 evaluating the effectiveness of section #dff of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adff7 in encouraging the repair of vessels of the ,united ,states in shipyards of the ,united ,states2 and 7#d7 making recommendations for additional regulatory or legislative steps which could be taken to support the ,united ,states vessel repair industrial base4 7c7 ,effective date ,the amendments made by subsection 7a7 apply with respect to parts1 materials1 and equipment purchased1 and repairs to vessels initiated1 after the date of enactment of this ,act4 ,b ,cargo preference #daa4 ,united ,states ,government cargo 7a7 ,sense of congress ,it is the sense of ,congress that-- 7#a7 only the ,maritime ,administrator1 acting in the ,administrator's capacity as ,director of the ,national ,shipping ,authority1 has the authority to determine the non-availability of qualified capacity of vessels of the ,united ,states 7referred to in this subsection as qualified ,united ,states flag capacity7 at fair and reasonable rates for commercial vessels of the ,united ,states to meet the requirements of section #eecje or #eecad of title #df1 ,united ,states ,code2 7#b7 the requirements of section #eecje or #eecad of title #df1 ,united ,states ,code1 may only be waived temporarily by the ,president1 the ,secretary of ,defense1 or the ,secretary of ,transportation during a declared emergency justifying such a temporary waiver1 following a determination by the ,maritime ,administrator1 acting in the ,maritime ,administrator's capacity as ,director of the ,national ,shipping ,authority1 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 #eecje7;d7 of title #df1 ,united ,states ,code2 and 7#c7 nothing in title ,,ii of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agba et seq47 authorizes an agency to waive the requirements of section #eecje or #eecad of title #df1 ,united ,states ,code1 without first obtaining-- 7,a7 delegated authority from the ,president of the ,united ,states2 7,b7 an emergency declaration justifying such a temporary waiver1 pursuant to section #eecje7;d7 of title #df1 ,united ,states ,code2 and 7,c7 a determination by the ,maritime ,administrator1 acting in the ,maritime ,administrator's capacity as ,director of the ,national ,shipping ,authority1 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 #eecje7;d7 of title #df1 ,united ,states ,code4 7b7 ,applicable percentage 7#a7 ,in general ,section #eecje7;a7 of title #df1 ,united ,states ,code1 is amended by striking at least #ej and inserting #ajj4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the date that is #ahj days after the date of enactment of this ,act4 7c7 ,waiver ,section #eecje7;d77#a7 of title #df1 ,united ,states ,code1 is amended to read as follows3 7#a7 ,waiver authority 7,a7 ,in general ,notwithstanding any other provision of law1 when the ,president1 the ,secretary of ,defense1 or the ,secretary of ,transportation declares the existence of an emergency justifying a temporary waiver of this section or section #eecad of this title1 the ,president1 the ,secretary of ,defense1 or the ,secretary of ,transportation1 following a determination by the ,maritime ,administrator1 acting in the ,administrator's capacity as ,director1 ,national ,shipping ,authority1 in consultation with the ,maritime ,security ,board1 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 #eecad of this title1 may waive compliance with such section to the extent1 in the manner1 and on the terms the ,maritime ,administrator1 acting in such capacity1 prescribes1 and no other waivers of the requirements of this section or section #eecad of this title shall be authorized4 7,b7 ,interagency agreement for the determination of non-availability 7i7 ,in general ,not later than #ahj days after the date of enactment of the ,,ships for ,america ,act of #bjbe1 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 7a74 7ii7 ,contents ,each interagency agreement shall include-- 7,i7 an explanation of the process the agency shall follow to request a determination of non-availability by the ,maritime ,administrator under subparagraph 7,a72 7,,ii7 a standard process that the ,maritime ,administrator shall follow for making such a determination of non-availability2 and 7,,iii7 deadlines-- 7aa7 for when an agency shall submit a request for such a determination of non-availability prior to the transportation of equipment1 materials1 or commodities subject to subsection 7a72 and 7bb7 for when the ,maritime ,administrator shall make such a determination of non-availability after receiving a request for a temporary waiver under subparagraph 7,a74 7iii7 ,congressional notification ,the ,maritime ,security ,advisor shall notify the appropriate committees of ,congress-- 7,i7 when each interagency agreement required under this subparagraph is finalized2 and 7,,ii7 any time that an interagency agreement required under this subparagraph is updated4 4 7d7 ,clarification ,section #eecje7;d77#c77;,b7 of title #df1 ,united ,states ,code1 is amended by inserting ,maritime ,security ,board and the after to the4 #dab4 ,cargo preference implementation regulations 7a7 ,regulations and guidance ,not later than #ahj days after the date of enactment of this ,act1 the ,maritime ,administrator1 notwithstanding any other provision of law1 regulation1 or administrative order1 shall-- 7#a7 promulgate regulations under subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code1 to fully implement and ensure compliance with sections #eecje1 #eecad1 #eecae1 and #eecaf of title #df1 ,united ,states ,code2 7#b7 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 sections1 as applicable2 and 7#c7 publish such guidance in the ,federal ,register and on the website of the ,maritime ,administration4 7b7 ,consultation ,the ,administrator may consult with the ,food ,aid ,consultative ,group established by section #bje of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agbe7 in carrying out this section4 7c7 ,repeal of earlier regulatory deadline ,subsection 7a7 of section #cejb of the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc 7#df ,u4,s4,c4 #eecje note2 ,public ,law #aag-bfc71 is repealed4 #dac4 ,cargo preference oversight and audit ,section #eecja of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b71 by striking section #eecje and inserting sections #eecje1 #eecad1 #eecae1 and #eecaf2 and 7#b7 by adding at the end the following3 7d7 ,notification of violation ,the ,maritime ,administrator shall-- 7#a7 upon receiving any credible information1 as determined by the ,administrator1 that a ,federal department or agency that administers a program covered by a report required under subsection 7a7 was not in compliance with the requirements of section #eecje1 #eecad1 #eecae1 or #eecaf of this title 7as applicable71 notify the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives not later than #ad days after receiving such information2 and 7#b7 upon receiving any credible information1 as determined by the ,administrator1 that a ,federal department or agency that administers a program covered by a report required under subsection 7a7 was not in compliance with the requirements of section #bfca of title #aj1 ,united ,states ,code1 notify the ,committee on ,commerce1 ,science1 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 #ad days after receiving such information4 4 #dad4 ,financing the transportation of agricultural products and other cargo 7a7 ,in general ,subchapter ,,ii of chapter #eec of title #df1 ,united ,states ,code1 is amended by inserting after section #eecae the following3 #eecaf4 ,financing the transportation of agricultural products and other cargo 7a7 ,financing of increased costs ,the ,secretary of ,transportation shall finance any reasonable increased ocean freight costs1 as assessed by the ,maritime ,administrator1 incurred in any fiscal year by a covered agency that result from the application of section #eecje of this title1 including the application of such section to the activities specified in section #eecad7;b7 of this title4 7b7 ,reimbursement of increased costs 7#a7 ,in general ,the ,secretary of ,transportation shall reimburse a covered agency for the amount by which1 in any fiscal year-- 7,a7 the total cost of ocean freight and ocean freight differential for which obligations are incurred by the covered agency under section #eecje of this title1 including pursuant to the application of such section to the activities specified in section #eecad7;b7 of this title2 exceeds2 and 7,b7 #bj percent of the total value of the cargo1 including agricultural products1 transported under such section #eecje1 including pursuant to the application of such section to such activities1 and the cost of the ocean freight and ocean freight differential1 as assessed by the ,maritime ,administrator1 on which obligations are incurred by the covered agency during that fiscal year4 7#b7 ,agricultural products shipped from inventory ,for purposes of this subsection1 agricultural products shipped from the inventory of the ,corporation shall be valued as provided in section #dab7;d7 of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agcf;f7d774 7c7 ,interagency agreement 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,,ships for ,america ,act of #bjbe1 the ,secretary of ,transportation shall enter into an interagency agreement with the head of each agency entitled to a reimbursement under subsection 7b77#a74 7#b7 ,contents ,each interagency agreement shall include-- 7,a7 an explanation of the process the agency shall follow to receive a reimbursement from the ,secretary of ,transportation under this section2 7,b7 a standard methodology for calculating the reimbursement an agency is entitled to under this section2 and 7,c7 deadlines-- 7i7 by which an agency shall submit a reimbursement request in order to receive reimbursement2 and 7ii7 by which the ,secretary of ,transportation shall approve a properly filed reimbursement request1 which date shall not be more than #ij days after the date on which the reimbursement request is submitted4 7#c7 ,congressional notification ,the ,secretary of ,transportation shall notify the appropriate committees of ,congress-- 7,a7 when each interagency agreement required under this subsection is finalized2 and 7,b7 any time that an interagency agreement required under this subsection is updated4 7d7 ,agricultural product defined ,in this section1 the term agricultural product has the meaning given the term in section #eecad of title #df1 ,united ,states ,code4 7e7 ,audit required 7#a7 ,in general ,for each fiscal year1 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 section4 7#b7 ,documents required ,each agency entitled to reimbursement under subsection 7b7 shall-- 7,a7 provide to the ,inspector ,general any documents or other information requested by the ,inspector ,general in order to complete the audit1 including the information described in subparagraph 7,b72 and 7,b7 require any party that enters into a contract with such agency related to the implementation of section #eecje of this title1 or any activities specified in section #eecad7;b7 of this title1 to provide the agency1 as a condition for entering into such contract1 with information relevant for the audit as determined by the ,inspector ,general4 7#c7 ,report ,not later than #ij days after the end of each fiscal year1 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 available4 7f7 ,authorization of appropriations ,for each fiscal year1 there is authorized to be appropriated1 out of the ,maritime ,security ,trust ,fund established under section #ejcja7;b7 of this title1 an amount sufficient to reimburse the ,secretary of ,transportation for the costs incurred under this section1 including administrative expenses4 7g7 ,definition of covered agency ,for purposes of this section1 the term covered agency means any agency that administers an activity specified in section #eecad7;b7 of this title4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,,ii of chapter #eec of title #df1 ,united ,states ,code1 is amended by inserting after the item relating to section #eecae the following3 #eecaf4 ,financing the transportation of agricultural products and other cargo4 4 #dae4 ,importation from ,china on ,american ships 7a7 ,in general ,chapter #fje of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #fjejh4 ,importation on ,american ships 7a7 ,in general ,notwithstanding any other provision of law1 not less than the covered percentage1 as described in subsection 7b71 of covered goods by tonnage imported into the ,united ,states from a foreign port shall be imported on a vessel that is-- 7#a7 a vessel of the ,united ,states2 7#b7 crewed by ,united ,states mariners2 and 7#c7 built in the ,united ,states4 7b7 ,percentage ,a covered percentage under this section is the following3 7#a7 ,one percent in the year that is #e years after the date of enactment of this section4 7#b7 ,two percent in the year that is #f years after the date of enactment of this section4 7#c7 ,three percent in the year that is #g years after the date of enactment of this section4 7#d7 ,four percent in the year that is #h years after the date of enactment of this section4 7#e7 ,five percent in the year that is #i years after the date of enactment of this section4 7#f7 ,six percent in the year that is #aj years after the date of enactment of this section4 7#g7 ,seven percent in the year that is #aa years after the date of enactment of this section4 7#h7 ,eight percent in the year that is #ab years after the date of enactment of this section4 7#i7 ,nine percent in the year that is #ac years after the date of enactment of this section4 7#aj7 ,ten percent in the year that is #ad years after the date of enactment of this section4 7c7 ,application ,the requirement under subsection 7a7 shall be applied to any shipper importing goods into the ,united ,states that originates from a foreign port or place4 7d7 ,fine for failure ,to comply 7#a7 ,in general ,on an annual basis1 the ,maritime ,administrator shall issue a fine to any entity failing to comply with the requirements under this section4 7#b7 ,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-- 7,a7 the cost of employing a vessel of the ,united ,states that is built in the ,united ,states and crewed by ,united ,states mariners2 and 7,b7 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 ,states4 7#c7 ,use of amounts ,any amount collected under this subsection shall be deposited in the ,maritime ,security ,trust ,fund4 7e7 ,rulemaking required ,not later than #d years after the date of enactment of this section1 the ,maritime ,administrator1 in coordination with the ,secretary of ,homeland ,security and the ,chairman of the ,federal ,maritime ,commission1 shall promulgate a final rule that establishes a system that-- 7#a7 identifies persons and goods that are subject to the requirements of this section2 7#b7 establishes requirements for such persons and goods that meet the applicable percentages established under subsection 7b72 7#c7 establishes clear enforcement mechanisms to ensure compliance with this section2 and 7#d7 determines the amount of a fine issued under subsection 7d74 7f7 ,definitions ,in this section3 7#a7 ,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 country1 without regard to the citizenship of the owner of the vessel or the citizenship of the crew of the vessel4 7#b7 ,covered goods ,the term covered goods means goods manufactured in the ,people's ,republic of ,china4 7#c7 ,shipper ,the term shipper has the meaning given such term in section #djajb of this title4 4 7b7 ,clerical amendment ,the table of sections for chapter #fje of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #fjejh4 ,importation on ,american ships4 4 #daf4 ,priority for vessels of the ,united ,states 7a7 ,in general ,part ,d of subtitle ,v of title #df1 ,united ,states ,code1 is amended by inserting after chapter #eec the following3 #eee ,priority for vessels of the ,united ,states ,sec4#eeeja4 ,priority for vessels of the ,united ,states4 #eeeja4 ,priority for vessels of the ,united ,states 7a7 ,in general ,the ,secretary of ,transportation may allow a vessel of the ,united ,states to be given priority at any port in the ,united ,states1 ahead of a waiting vessel of a foreign country of concern 7as defined in section #d of the ,,ships for ,america ,act of #bjbe7 or owned by a foreign entity of concern 7as so defined74 7b7 ,exception ,notwithstanding subsection 7a71 if the ,secretary of ,transportation finds that it is in the national interest1 the ,secretary may eliminate the priority under this section at any port4 ,the ,secretary shall report to the appropriate committees of ,congress1 as defined in section #d of the ,,ships for ,america ,act of #bjbe1 by not later than #cj days after an action eliminating priority under this section4 4 7b7 ,clerical amendment ,the table of chapters for subtitle ,v of title #df1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #eec the following3 #eee4,priority for vessels of the ,united ,states#eeeja 4 #dag4 ,moving cargo on vessels of the ,united ,states 7a7 ,assessment required ,not later than #ahj days after the date of enactment of this ,act1 the ,maritime ,security ,advisor1 in consultation with the ,secretary of ,transportation1 the ,secretary of ,commerce1 the ,chairman of the ,federal ,maritime ,commission1 and the ,united ,states ,trade ,representative1 shall-- 7#a7 conduct an assessment that identifies authorities available under current ,federal law1 as of the date of such identification1 that may be utilized to incentivize the movement of commercial cargo on vessels of the ,united ,states in international commerce2 7#b7 review methods for greater assurances of access1 in crisis and conflict1 to vessels of international allies and partners of the ,united ,states2 and 7#c7 makes recommendations to the ,president to utilize such authorities4 7b7 ,inclusions ,the assessment required under subsection 7a7 shall include an evaluation of-- 7#a7 tax benefits for taxpayers who ship goods aboard vessels of the ,united ,states2 7#b7 modifications to import and export duties for goods imported or exported aboard vessels of the ,united ,states2 7#c7 privileges for vessels of the ,united ,states that enable vessels of the ,united ,states to provide improved service relative to other vessels in international commerce2 and 7#d7 any other authorities that would incentivize the movement of goods aboard vessels of the ,united ,states4 7c7 ,report to ,congress ,upon carrying out the assessment required under subsection 7a71 the ,maritime ,security ,advisor shall submit to the appropriate committees of ,congress-- 7#a7 a list of the recommendations made under subsection 7a77#c72 and 7#b7 a list of additional actions that could be taken by ,congress to further incentivize the movement of commercial cargo on vessels of the ,united ,states4 7d7 ,definition ,in this section1 the term vessel of the ,united ,states has the meaning given the term in section #aaf of title #df1 ,united ,states ,code4 #dah4 ,transportation requirements for certain exports sponsored by the ,secretary of ,agriculture ,section #eecad of title #df1 ,united ,states ,code1 is amended-- 7#a7 by inserting before subsection 7b7 the following3 7a7 ,applicability ,the requirements under section #eecje of this title shall apply with respect to the activities specified in subsection 7b74 2 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,secretary of ,agriculture or the ,commodity ,credit ,corporation and inserting ,federal ,government2 7,b7 in paragraph 7#a71 by inserting titles ,i1 ,,ii1 or ,,iii of after carried out under2 7,c7 in paragraph 7#d71 by striking agricultural commodities or their products and inserting agricultural products2 7,d7 in paragraph 7#e71 by striking agricultural commodities or their products and inserting agricultural products2 7,e7 in paragraph 7#f71 by striking agricultural commodities or their products and inserting agricultural products2 7,f7 in paragraph 7#g71 by striking agricultural commodities and inserting agricultural products2 7,g7 by redesignating paragraphs 7#d71 7#e71 7#f71 and 7#g7 as paragraphs 7#f71 7#g71 7#h71 and 7#i71 respectively2 and 7,h7 by inserting after paragraph 7#c7 the following3 7#d7 carried out under the ,food for ,progress ,act of #aihe 7#g ,u4,s4,c4 #agcfo72 7#e7 carried out under the ,mc,govern-,dole ,international ,food for ,education and ,child ,nutrition ,program under section #cajg of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #agcfo-#a72 2 and 7#c7 by adding at the end the following3 7c7 ,agricultural product defined ,in this section1 the term agricultural product means any food product1 including an agricultural commodity 7as such term is defined in section #djb of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agcb771 specialty crop 7as such term is defined in section #c of the ,specialty ,crops ,competitiveness ,act of #bjjd 7#g ,u4,s4,c4 #afba note771 or processed food product1 exported from the ,united ,states4 4 #dai4 ,clarifying amendments 7a7 ,agricultural commodities emergency assistance clarification ,section #bjb7;a7 of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agbb7;a77 is amended by striking ,notwithstanding and inserting ,subject to the requirements of sections #eecje and #eecad of title #df1 ,united ,states ,code1 and notwithstanding4 7b7 ,administrative provisions clarification ,section #djg7;b77#b77;,a7 of the ,food for ,peace ,act 7#g ,u4,s4,c4 #agcf;a7b77#b77;,a77 is amended by striking ,notwithstanding and inserting ,subject to the requirements of sections #eecje and #eecad of title #df1 ,united ,states ,code1 and notwithstanding4 7c7 ,emergency food security program clarification ,section #dia7;c77#a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bbib7;c77#a77 is amended by inserting and the requirements of sections #eecje and #eecad of title #df1 ,united ,states ,code after section #dib4 #dbj4 ,energizing ,american shipbuilding 7a7 ,national policy on strategic energy asset export transportation 7#a7 ,requirement for transportation of exports of natural gas on vessels documented under laws of the ,united ,states ,section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 is amended by adding at the end the following3 7g7 ,transportation of exports of natural gas on vessels documented under laws of the ,united ,states 7#a7 ,condition for approval ,except as provided in paragraph 7#g71 with respect to an application to export natural gas under subsection 7a71 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 7#c74 7#b7 ,purpose ,the purpose of the requirement under paragraph 7#a7 is to ensure that1 of all natural gas exported by vessel in a calendar year1 the following percentage is exported by a vessel that meets the requirements described in paragraph 7#c73 7,a7 ,in each of the #g calendar years following the calendar year in which this subsection is enacted1 not less than #b percent4 7,b7 ,in each of the #hth and #ith calendar years following the calendar year in which this subsection is enacted1 not less than #c percent4 7,c7 ,in each of the #ajth and #aath calendar years following the calendar year in which this subsection is enacted1 not less than #d percent4 7,d7 ,in each of the #abth and #acth calendar years following the calendar year in which this subsection is enacted1 not less than #f percent4 7,e7 ,in each of the #adth and #aeth calendar years following the calendar year in which this subsection is enacted1 not less than #g percent4 7,f7 ,in each of the #afth and #agth calendar years following the calendar year in which this subsection is enacted1 not less than #i percent4 7,g7 ,in each of the #ahth and #aith calendar years following the calendar year in which this subsection is enacted1 not less than #aa percent4 7,h7 ,in each of the #bjth and #bast calendar years following the calendar year in which this subsection is enacted1 not less than #ac percent4 7,i7 ,in the #bbnd calendar year after the calendar year in which this subsection is enacted and each calendar year thereafter1 not less than #ae percent4 7#c7 ,requirements for vessels ,a vessel meets the requirements described in this paragraph-- 7,a7 with respect to each of the #e calendar years following the calendar year in which this subsection is enacted-- 7i7 if-- 7,i7 the vessel is documented under the laws of the ,united ,states2 and 7,,ii7 with respect to any retrofit work necessary for the vessel to export natural gas-- 7aa7 such work is done in a shipyard in the ,united ,states2 and 7bb7 any component of the vessel listed in paragraph 7#d7 that is installed during the course of such work is manufactured in the ,united ,states2 or 7ii7 if-- 7,i7 the vessel is built in the ,united ,states2 7,,ii7 the vessel is documented under the laws of the ,united ,states2 7,,iii7 all major components of the hull or superstructure of the vessel are manufactured 7including all manufacturing processes from the initial melting stage through the application of coatings for iron or steel products7 in the ,united ,states2 and 7,,iv7 the components of the vessel listed in paragraph 7#d7 are manufactured in the ,united ,states2 and 7,b7 with respect to the #fth calendar year following the calendar year in which this subsection is enacted1 and each calendar year thereafter1 if the vessel meets the requirements of subparagraph 7,a77ii74 7#d7 ,components ,the components of a vessel listed in this paragraph are the following3 7,a7 ,air circuit breakers4 7,b7 ,welded shipboard anchor and mooring chain4 7,c7 ,powered and non-powered valves in ,federal ,supply ,classes #dhaj and #dhbj used in piping4 7,d7 ,machine tools in the ,federal ,supply ,classes for metal-working machinery numbered #cdje1 #cdjh1 #cdaj through #cdai1 #cdbf1 #cdcc1 #cdch1 #cdda through #cddc1 #cdde1 #cddf1 #cddh1 #cddi1 #cdfj1 and #cdfa4 7,e7 ,auxiliary equipment for shipboard services1 including pumps4 7,f7 ,propulsion equipment1 including engines1 propulsion motors1 reduction gears1 and propellers4 7,g7 ,shipboard cranes4 7,h7 ,spreaders for shipboard cranes4 7,i7 ,rotating electrical equipment1 including electrical alternators and motors4 7,j7 ,compressors1 pumps1 and heat exchangers used in managing and re-liquefying boil-off gas from liquefied natural gas4 7#e7 ,waiver authority ,the ,commission may waive the requirement under clause 7i77,,ii77bb7 or 7ii77,,iv71 as applicable1 of paragraph 7#c77;,a7 with respect to a component of a vessel if the ,maritime ,administrator determines that-- 7,a7 application of the requirement would-- 7i7 result in an increase of #be percent or more in the cost of the component of the vessel2 or 7ii7 cause unreasonable delays to be incurred in building or retrofitting the vessel2 or 7,b7 such component is not manufactured in the ,united ,states in sufficient and reasonably available quantities of a satisfactory quality4 7#f7 ,opportunities for credentialed merchant mariners ,except as provided in paragraph 7#g71 the ,commission shall include1 in any order issued under subsection 7a7 that authorizes a person to export natural gas1 a condition that the person provide opportunities for individuals with a merchant mariner credential 7as defined in section #baja of title #df1 ,united ,states ,code7 to receive experience and training necessary to become credentialed in working on a vessel transporting natural gas4 7#g7 ,exception ,the ,commission may not include in any order issued under subsection 7a7 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 7#a71 or a condition described in paragraph 7#f71 if the ,united ,states ,trade ,representative certifies to the ,commission1 in writing1 that such condition would violate obligations of the ,united ,states under such free trade agreement4 7#h7 ,use of ,federal information ,in carrying out paragraph 7#a71 the ,commission-- 7,a7 shall use information made available by-- 7i7 the ,energy ,information ,administration2 or 7ii7 any other ,federal agency or entity the ,commission determines appropriate2 and 7,b7 may use information made available by a private entity only if applicable information described in subparagraph 7,a7 is not available4 4 7#b7 ,conforming amendment ,section #c7;c7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7c77 is amended by striking or the exportation of natural gas and inserting or1 subject to subsection 7g71 the exportation of natural gas4 7b7 ,crude oil ,section #aja of title ,i of division ,o of the ,consolidated ,appropriations ,act1 #bjaf 7#db ,u4,s4,c4 #fbab;a7 is amended-- 7#a7 in subsection 7b71 by striking subsections 7c7 and 7d7 and inserting subsections 7c71 7d71 and 7f72 and 7#b7 by adding at the end the following3 7f7 ,transportation of exports of crude oil on vessels documented under laws of the ,united ,states 7#a7 ,in general ,notwithstanding any other provision of law and except as provided in paragraph 7#f71 as a condition to export crude oil1 the ,president shall require that a person exporting crude oil transport the crude oil on a vessel that meets the requirements described in paragraph 7#c74 7#b7 ,purpose ,the purpose of the requirement under paragraph 7#a7 is to ensure that1 of all crude oil exported by vessel in a calendar year1 the following percentage is exported by a vessel that meets the requirements described in paragraph 7#c73 7,a7 ,in each of the #g calendar years following the calendar year in which this subsection is enacted1 not less than #c percent4 7,b7 ,in each of the #hth1 #ith1 and #ajth calendar years following the calendar year in which this subsection is enacted1 not less than #f percent4 7,c7 ,in each of the #aath1 #abth1 and #acth calendar years following the calendar year in which this subsection is enacted1 not less than #h percent4 7,d7 ,in the #adth calendar year following the calendar year in which this subsection is enacted and each calendar year thereafter1 not less than #aj percent4 7#c7 ,requirements for vessels ,a vessel meets the requirements described in this paragraph-- 7,a7 with respect to each of the #d calendar years following the calendar year in which this subsection is enacted-- 7i7 if-- 7,i7 the vessel is documented under the laws of the ,united ,states2 and 7,,ii7 with respect to any retrofit work necessary for the vessel to export crude oil-- 7aa7 such work is done in a shipyard in the ,united ,states2 and 7bb7 any component of the vessel listed in paragraph 7#d7 that is installed during the course of such work is manufactured in the ,united ,states2 or 7ii7 if-- 7,i7 the vessel is built in the ,united ,states2 7,,ii7 the vessel is documented under the laws of the ,united ,states2 7,,iii7 all major components of the hull or superstructure of the vessel are manufactured 7including all manufacturing processes from the initial melting stage through the application of coatings for iron or steel products7 in the ,united ,states2 and 7,,iv7 the components of the vessel listed in paragraph 7#d7 are manufactured in the ,united ,states2 and 7,b7 with respect to the #eth calendar year following the calendar year in which this subsection is enacted and each calendar year thereafter1 if the vessel meets the requirements of subparagraph 7,a77ii74 7#d7 ,components ,the components of a vessel listed in this paragraph are the following3 7,a7 ,air circuit breakers4 7,b7 ,welded shipboard anchor and mooring chain4 7,c7 ,powered and non-powered valves in ,federal ,supply ,classes #dhaj and #dhbj used in piping4 7,d7 ,machine tools in the ,federal ,supply ,classes for metal-working machinery numbered #cdje1 #cdjh1 #cdaj through #cdai1 #cdbf1 #cdcc1 #cdch1 #cdda through #cddc1 #cdde1 #cddf1 #cddh1 #cddi1 #cdfj1 and #cdfa4 7,e7 ,auxiliary equipment for shipboard services1 including pumps4 7,f7 ,propulsion equipment1 including engines1 propulsion motors1 reduction gears1 and propellers4 7,g7 ,shipboard cranes4 7,h7 ,spreaders for shipboard cranes4 7,i7 ,rotating electrical equipment1 including electrical alternators and motors4 7#e7 ,waiver authority ,the ,president may waive the requirement under clause 7i77,,ii77bb7 or clause 7ii77,,iv71 as applicable1 of paragraph 7#c77;,a7 with respect to a component of a vessel if the ,maritime ,administrator determines that-- 7,a7 application of the requirement would-- 7i7 result in an increase of #be percent or more in the cost of the component of the vessel2 or 7ii7 cause unreasonable delays to be incurred in building or retrofitting the vessel2 or 7,b7 such component is not manufactured in the ,united ,states in sufficient and reasonably available quantities of a satisfactory quality4 7#f7 ,exception ,the ,president may not1 under paragraph 7#a71 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 ,president1 in writing1 that such condition would violate obligations of the ,united ,states under such free trade agreement4 7#g7 ,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 7as defined in section #baja of title #df1 ,united ,states ,code7 to receive experience and training necessary to become credentialed in working on such vessels4 7#h7 ,use of ,federal information ,in carrying out paragraph 7#a71 the ,president-- 7,a7 shall use information made available by-- 7i7 the ,energy ,information ,administration2 or 7ii7 any other ,federal agency or entity the ,commission determines appropriate2 and 7,b7 may use information made available by a private entity only if applicable information described in subparagraph 7,a7 is not available4 4 7c7 ,energy ,information ,administration information ,the ,secretary of ,energy1 acting through the ,administrator of the ,energy ,information ,administration 7referred to in this section as the ,secretary71 shall collect1 and make readily available to the public on the internet website of the ,energy ,information ,administration1 information on exports by vessel of natural gas and crude oil1 including-- 7#a7 forecasts for1 and data on1 those exports for the calendar year following the calendar year in which this ,act is enacted and each calendar year thereafter2 and 7#b7 forecasts for those exports for multiyear periods after the date of enactment of this ,act1 as determined appropriate by the ,secretary4 #dba4 ,goods imported on vessels of the ,united ,states ,chapter #fje of title #df1 ,united ,states ,code1 is amended-- 7#a7 in section #fjejb7;a77#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking the vessel2 7,b7 in subparagraph 7,a71 by striking is entitled and all that follows through imported in and inserting the following3 the cost of importing goods aboard the vessel is comparable to or greater than the cost of importing goods aboard2 and 7,c7 in subparagraph 7,b7-- 7i7 by striking 7i7 is owned and inserting the following3 the vessel-- 7i7 is owned 2 and 7ii7 by adjusting the margins of clause 7ii7 appropriately2 and 7#b7 in section #fjejc7;a71 by inserting 1 except for the duties imposed under section #fjejb of this chapter1 after suspension of discriminating duties4 #dbb4 ,ship ,america ,office 7a7 ,in general ,chapter #eec of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 ,,iv ,ship ,america ,office #eecda4 ,establishment of ,ship ,america ,office 7a7 ,establishment ,the ,maritime ,administrator shall establish within the ,maritime ,administration an office to be known as the ,ship ,america ,office4 ,the ,maritime ,administrator shall appoint the head of the ,ship ,america ,office 7in this section referred to as the ,ship ,america ,associate ,administrator74 7b7 ,duties ,the ,ship ,america ,associate ,administrator shall have the following duties3 7#a7 ,providing assistance to private sector entities1 ,federal financial assistance recipients1 ,federal agencies1 ,federal contractors1 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 commerce4 7#b7 ,maximizing compliance across ,federal agencies with this chapter1 section #bfca of title #aj1 and any other cargo preference law of the ,united ,states4 7#c7 ,providing training and assistance to ,federal employees1 in all ,federal agencies responsible for shipping preference cargo1 on the legal obligations under this chapter1 section #bfca of title #aj1 ,united ,states ,code1 and any other cargo preference law of the ,united ,states4 7#d7 ,developing a #8,ship ,america' verification program to develop self-certification industry standards1 in partnership with private sector entities1 to allow private sector entities to verifiably demonstrate that a product was transported to the ,united ,states aboard a vessel of the ,united ,states4 7#e7 ,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 agencies4 7#f7 ,where practicable1 making accessible1 and regularly updating1 the publicly available contact information for oceangoing vessels of the ,united ,states for the purposes of moving international commerce4 7#g7 ,publishing1 and regularly updating1 centralized information on the commercial benefits available to private sector entities for moving commercial cargo on oceangoing vessels of the ,united ,states4 7#h7 ,preparing the reports under subsection 7c74 7c7 ,reports required ,not later than #a year after the date of enactment of this section1 and biennially thereafter1 the ,maritime ,administrator1 acting through the ,ship ,america ,associate ,administrator1 shall report to the appropriate committees of ,congress 7as defined in section #d of the ,,ships for ,america ,act of #bjbe7 and the ,maritime ,security ,board on-- 7#a7 the opportunities and challenges faced by commercial entities to move cargo on oceangoing vessels of the ,united ,states2 and 7#b7 recommendations to increase international commerce moving on vessels of the ,united ,states4 4 7b7 ,clerical amendment ,the table of sections for chapter #eec of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 8,,subchapter ,,iv--,ship ,america ,office #eecda4 ,establishment of ,ship ,america ,office4 4 ,c ,regulatory reform #dca4 ,alternate standards 7a7 ,in general ,chapter #cc of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating sections #ccag and #ccah as sections #ccah and #ccai1 respectively2 and 7#b7 by inserting after section #ccaf the following3 #ccag4 ,alternate standards 7a7 ,in general ,not later than #a year after the date of enactment of the ,shipbuilding and ,harbor ,infrastructure for ,prosperity and ,security for ,america ,act of #bjbe1 the ,secretary1 in consultation with the ,maritime ,administrator1 shall establish alternate standards to allow self-propelled vessels providing oceangoing transportation that are not documented under chapter #aba of this title to receive a certificate of inspection if the vessel will become a documented vessel4 7b7 ,requirements ,under the program established under subsection 7a71 a self-propelled vessel used to provide oceangoing transportation that is not documented under chapter #aba of this title shall be eligible for a certificate of inspection if the ,secretary determines that-- 7#a7 the owner of the vessel has agreed to apply to have the vessel documented under chapter #aba upon receiving the certificate2 7#b7 at the time of the receipt of such certificate1 the vessel is eligible for documentation under such chapter2 7#c7 the vessel is classed by and designed in accordance with the rules of a classification society accepted by the ,secretary2 7#d7 the vessel complies with applicable international agreements and associated guidelines1 as determined by the country in which the vessel was documented immediately before becoming documented under chapter #aba1 notwithstanding any other law including any regulation2 7#e7 the vessel has been assessed for cybersecurity and surveillance risks2 and 7#f7 the country in which the vessel was documented immediately before becoming documented under chapter #aba has not been identified by the ,secretary as inadequately enforcing international vessel regulations as to that vessel4 7c7 ,continued eligibility for certificate ,this section does not apply to a vessel after any date on which the vessel fails to comply with the applicable international agreements and associated guidelines referred to in subsection 7b77#d74 7d7 ,reliance on classification society 7#a7 ,in general ,the ,secretary may rely on a certification from the ,american ,bureau of ,shipping or1 subject to paragraph 7#b71 another classification society accepted by the ,secretary to establish that a vessel is in compliance with the requirements of paragraphs 7#c71 7#d71 and 7#f7 of subsection 7b7 and of subsection 7c74 7#b7 ,foreign classification society ,the ,secretary may accept certification from a foreign classification society under paragraph 7#a7 only-- 7,a7 to the extent that the government of the foreign country in which the society is headquartered provides access on a reciprocal basis to the ,american ,bureau of ,shipping2 and 7,b7 if the foreign classification society has offices and maintains records in the ,united ,states4 7e7 ,rulemaking procedure ,the ,secretary may initiate a rulemaking procedure to implement this standard4 7f7 ,savings provision ,nothing in this section shall be interpreted to affect requirements related to merchant seamen credentials under part ,e of subtitle ,,ii of this title or the requirements related to manning of vessels under part ,f of such subtitle4 4 7b7 ,clerical amendment ,the table of sections for chapter #cc of title #df1 ,united ,states ,code1 is amended by striking the items relating to sections #ccag and #ccah and inserting the following3 #ccag4 ,alternate standards4#ccah4 ,fees4#ccai4 ,penalties4 4 #dcb4 ,rulemaking committee on commercial maritime regulations and standards 7a7 ,definitions ,in this section3 7#a7 ,covered regulation ,the term covered regulation-- 7,a7 means a commercial regulation or standard issued by the ,coast ,guard relating to the operation of vessels in foreign commerce1 including-- 7i7 vessel design and engineering standards2 7ii7 merchant mariner training and credentialing2 or 7iii7 vessel operating and environmental standards2 and 7,b7 does not include any commercial regulation or standard issued by the ,coast ,guard that exclusively applies to vessels in domestic commerce4 7#b7 ,rulemaking committee ,the term rulemaking committee means the committee established under subsection 7b74 7#c7 ,secretary ,the term ,secretary means the ,secretary of the department in which the ,coast ,guard is operating4 7b7 ,establishment of rulemaking committee ,there is established1 in the department in which the ,coast ,guard is operating1 a rulemaking committee on commercial maritime regulations and standards to-- 7#a7 review1 and develop findings and recommendations regarding1 the covered regulations2 and 7#b7 provide to the ,secretary a report on opportunities to review and update regulations governing vessel design and engineering1 vessel and facility operation and environmental standards1 and merchant mariner credentialing1 in order to-- 7,a7 revitalize the merchant marine and the commercial maritime industry in the ,united ,states2 and 7,b7 better align1 and limit redundancies between1 the regulatory standards of the ,coast ,guard and the ,international ,maritime ,organization and international treaty requirements1 while protecting ,united ,states mariners and the ,united ,states maritime industry from foreign regulations that undermine the maritime industrial competitiveness of the ,united ,states4 7c7 ,members 7#a7 ,composition of rulemaking committee ,the ,secretary shall appoint the following as members of the rulemaking committee3 7,a7 ,each of the following ,federal officers or employees1 or their designees3 7i7 ,the ,maritime ,security ,advisor4 7ii7 ,the ,maritime ,administrator4 7iii7 ,the ,commandant of the ,coast ,guard4 7iv7 ,the ,secretary of ,commerce4 7v7 ,the ,administrator of the ,environmental ,protection ,agency4 7vi7 ,the ,chair of the ,federal ,maritime ,commission4 7vii7 ,the chief ,united ,states delegate to the ,international ,maritime ,organization4 7,b7 ,representatives from recognized classification societies1 including the ,american ,bureau of ,shipping4 7,c7 ,representatives of industry1 including-- 7i7 owners and operators of vessels in domestic and foreign commerce of the ,united ,states2 7ii7 shipbuilders2 and 7iii7 other representatives of industry the ,secretary determines appropriate4 7,d7 ,individuals with a merchant mariner credential1 as defined in section #baja of title #df1 ,united ,states ,code4 7,e7 ,representatives of maritime labor organizations4 7,f7 ,experts in maritime safety and regulatory matters4 7,g7 ,other stakeholders the ,secretary determines appropriate4 7#b7 ,period of appointment2 vacancies 7,a7 ,in general ,a member of the rulemaking committee shall be appointed for the life of the rulemaking committee4 7,b7 ,vacancies ,a vacancy in the rulemaking committee-- 7i7 shall not affect the powers of the rulemaking committee2 and 7ii7 shall be filled in the same manner as the original appointment4 7#c7 ,chairperson and vice chairperson ,the ,secretary shall select a ,chairperson and ,vice ,chairperson from among the members of the rulemaking committee4 7d7 ,meetings 7#a7 ,initial meeting ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall convene the rulemaking committee for the first meeting of the rulemaking committee4 7#b7 ,quorum ,a majority of the members of the rulemaking committee shall constitute a quorum1 but a lesser number of members may hold hearings4 7e7 ,duties of committee 7#a7 ,considerations ,the rulemaking committee shall consider each of the following3 7,a7 ,how the covered regulations interact with and compare to the treaty requirements and regulations established by the ,international ,maritime ,organization1 including comparisons and interactions on the basis of-- 7i7 safety2 7ii7 cost2 7iii7 enforceability and compliance2 and 7iv7 international competitiveness4 7,b7 ,the benefits and challenges vessel owners and operators and ,united ,states mariners encounter when complying with both regulations of the ,international ,maritime ,organization and the covered regulations4 7,c7 ,the role that covered regulations play in enhancing the size and strength of the merchant marine and the domestic and international fleet of the ,united ,states4 7,d7 ,recommended changes to covered regulations1 and regulatory frameworks1 to better promote alignment with international standards and the standards of countries that are allies and partners1 with a focus on-- 7i7 increasing opportunities for qualified mariners that enter the merchant marine and reducing the barriers that lead qualified mariners to leave the merchant marine2 7ii7 increasing the number of vessels documented under the laws of the ,united ,states that are operating in domestic and foreign commerce2 7iii7 enhancing ,united ,states leadership within the ,international ,maritime ,organization and other international treaty organizations with a focus on the maritime industry2 7iv7 streamlining regulatory processes and processing timelines to minimize duplicative reviews and eliminate preventable delays2 and 7v7 maintaining and enhancing the safety and security of the merchant marine4 7,e7 ,recommended changes to covered regulations and regulatory frameworks that govern mariner education training requirements1 which may include-- 7i7 expanding the pool of qualified instructors for mariner training programs2 7ii7 streamlining requirements related to training facility size and design to improve operational efficiencies at mariner training facilities1 including requirements related to classroom size and design2 7iii7 standardizing and streamlining training course and curriculum approval and evaluation to provide more certainty to mariner training programs2 and 7iv7 enhancing opportunities for mariner training programs to flexibly integrate sea-time into course instruction1 consistent with treaty requirements and regulations established by the ,international ,maritime ,organization4 7,f7 ,any other matters the ,secretary determines appropriate4 7#b7 ,report ,not later than #ab months after the date of enactment of this ,act1 the rulemaking committee shall submit to the ,secretary a report that includes the findings and recommended changes to covered regulations of the rulemaking committee1 as required under paragraph 7#a74 7f7 ,powers of rulemaking committee 7#a7 ,hearings ,the rulemaking committee may hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the rulemaking committee considers advisable to carry out this section4 7#b7 ,information from ,federal agencies 7,a7 ,in general ,the rulemaking committee may secure directly from a ,federal department or agency such information as the rulemaking committee considers necessary to carry out this section1 as permitted by law4 7,b7 ,furnishing information ,on request of the ,chairperson of the rulemaking committee1 the head of the department or agency shall furnish the information to the rulemaking committee4 7g7 ,rulemaking committee personnel matters 7#a7 ,no compensation ,a member of the rulemaking committee shall not be compensated for service on the rulemaking committee4 7#b7 ,travel expenses ,a member of the rulemaking committee shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the rulemaking committee4 7h7 ,administration ,except as specified otherwise in this section1 the rulemaking committee shall be treated as a committee established under chapter #aea of title #df1 ,united ,states ,code1 for purposes of section #aeaji of such title and shall not be considered a temporary organization under section #cafa of title #e1 ,united ,states ,code4 7i7 ,termination ,the rulemaking committee shall terminate on the earlier of-- 7#a7 the date that is #ij days after the date on which the rulemaking committee submits the report under subsection 7e77#b72 or 7#b7 the date that is #g years after the date on which the rulemaking committee is established4 7j7 ,duties of the ,secretary ,the ,secretary shall-- 7#a7 not later than #cj days after receiving the rulemaking committee's report under subsection 7e77#b71 submit to the appropriate committees of ,congress1 and make publicly available1 a copy of such report and the ,secretary's views on the recommendations of the committee2 and 7#b7 not later than #ij days after submitting the report under paragraph 7#a7-- 7,a7 initiate a rulemaking activity and make such policy and guidance updates determined necessary by the ,secretary to address the consensus recommendations reached by the rulemaking committee under subsection 7e72 7,b7 submit a report to the appropriate committees of ,congress identifying the recommendations of the rulemaking committee that require legislative changes2 and 7,c7 submit a report to the ,secretary of ,state identifying recommendations of the rulemaking committee that require changes to treaty requirements and regulations established by the ,international ,maritime ,organization1 including recommendations that should inform the policy of the ,united ,states as a member of the ,international ,maritime ,organization4 #dcc4 ,amendments to ,shipowners' ,limitation of ,liability ,act of #ahea 7a7 ,in general ,section #cjebc of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,limit of owner liability 7#a7 ,in general ,except as provided in section #cjebd of this title1 the liability of-- 7,a7 the owner of a vessel of the ,united ,states for any claim1 debt1 or liability described in subsection 7b7 shall not exceed the value of the vessel and pending freight2 and 7,b7 the owner of a foreign vessel for any claim1 debt1 or liability described in subsection 7b7 shall not exceed the amount that is #e times the value of the vessel and pending freight4 7#b7 ,multiple owners ,if a vessel has more than one owner1 the proportionate share of the liability under paragraph 7#a7 of any one such owner shall not exceed that owner's proportionate interest in the vessel and pending freight4 2 and 7#b7 by striking subsection 7c7 and inserting the following3 7c7 ,claims not subject to limitation ,subsection 7a7 does not apply to-- 7#a7 a claim for wages2 or 7#b7 with respect to the liability of an owner of a foreign vessel1 a claim1 debt1 or liability arising from personal injury or wrongful death of a person who was not a crewmember or passenger of the foreign vessel at the time the injury 7including fatal injury1 if applicable7 occurred4 4 7b7 ,amendment to cessation of certain actions ,section #cjebi7;c7 of title #df1 ,united ,states ,code1 is amended by striking the matter in question and inserting a matter subject to consideration for limitation under section #cjebc or section #cjebd4 7c7 ,effective date ,the amendments made by subsections 7a7 and 7b7 shall apply to any liability subject to section #cjebc7;a7 of title #df1 ,united ,states ,code1 that arises on or after the date of enactment of this ,act4 ,v ,shipbuilding ,a ,shipbuilding financial incentives #eja4 ,shipbuilding financial incentives 7a7 ,in general ,part ,c of subtitle ,v of title #df1 ,united ,states ,code1 is amended by inserting after chapter #ecg the following3 #ech ,shipbuilding financial incentives #echja4 ,shipbuilding financial incentives 7a7 ,establishment ,the ,maritime ,administrator shall establish a program that1 in accordance with the requirements of this section1 provides ,federal financial assistance to covered entities to-- 7#a7 aid in the construction of a vessel that shall be documented under the laws of the ,united ,states2 or 7#b7 incentivize a qualified shipyard investment4 7b7 ,definitions ,in this section3 7#a7 ,appropriate committees of congress ,the term appropriate committees of ,congress means the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,appropriations of the ,senate and the ,committee on ,armed ,services and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,covered entity ,the term covered entity means-- 7,a7 any proposed vessel purchaser who is a citizen of the ,united ,states2 or 7,b7 any shipyard of the ,united ,states with the ability1 experience1 financial resources1 and other qualifications to construct or repair a military vessel or a vessel to be used in the foreign commerce of the ,united ,states4 7#c7 ,foreign commerce ,the term foreign commerce means-- 7,a7 commerce or trade between the ,united ,states1 its territories or possessions1 or the ,district of ,columbia1 and a foreign country2 and 7,b7 commerce or trade between foreign countries4 7#d7 ,foreign country of concern2 foreign entity of concern ,the terms foreign country of concern and foreign entity of concern have the meanings given such terms in section #d of the ,,ships for ,america ,act of #bjbe4 7#e7 ,qualified shipyard investment ,the term qualified shipyard investment means an investment to construct1 modernize1 or expand-- 7,a7 a shipyard of the ,united ,states that constructs or repairs civilian or military vessels2 or 7,b7 a manufacturing facility-- 7i7 that is-- 7,i7 a component supplier2 7,,ii7 a subcomponent supplier2 or 7,,iii7 a manufacturing equipment supplier2 7ii7 that is based in the ,united ,states2 and 7iii7 7,i7 at which at least #ej percent of the products produced will be sold to shipyards of the ,united ,states or used to construct vessels of the ,united ,states2 or 7,,ii7 at which the investment will more than double the facility's capacity to produce products to be sold to shipyards of the ,united ,sates or used to construct vessels of the ,united ,states1 as determined by the ,administrator4 7c7 ,procedure 7#a7 ,application ,a covered entity desiring financial assistance under this section shall submit an application to the ,maritime ,administrator4 7#b7 ,requirements ,in order for a covered entity to qualify for financial assistance under this section1 the covered entity shall-- 7,a7 for financial assistance related to construction of a vessel of the ,united ,states as described in subsection 7a77#a7-- 7i7 enter into an agreement with the ,maritime ,administrator establishing that the vessel that is constructed with ,federal financial assistance shall be1 for a period of not less than #aj years1 documented under the laws of the ,united ,states2 and 7ii7 agree to carry out all construction in a shipyard of the ,united ,states as the result of competitive bidding1 after due advertisement1 with the right reserved by the ,administrator to disapprove any or all bids2 7,b7 for financial assistance related to qualified shipyard investments as described in subsection 7a77#b71 use the financial assistance award amounts to incentivize investments in-- 7i7 facilities or equipment related to shipbuilding or ship repair2 or 7ii7 maritime component suppliers and subcomponent suppliers with over #ej percent maritime use in each such investment2 and 7,c7 make commitments to worker and community investment1 including through-- 7i7 programs to expand employment opportunity for economically disadvantaged individuals2 and 7ii7 securing commitments from regional educational and training entities and institutions of higher education to provide workforce training1 including programming for training and job placement of economically disadvantaged individuals4 7#c7 ,review of applications 7,a7 ,considerations for review ,with respect to the review by the ,maritime ,administrator of an application submitted-- 7i7 the ,maritime ,administrator may not approve an application for construction of a vessel as described in subsection 7a77#a7 unless the ,administrator-- 7,i7 determines that a vessel funded through the program-- 7aa7 will aid in the promotion and development of foreign commerce2 and 7bb7 will be suitable for use by the ,united ,states for national defense or military purposes in time of war or national emergency2 7,,ii7 determines that the vessel purchaser applying for funding under this section possesses the ability1 experience1 financial resources1 and other qualifications necessary for the operation and maintenance of the proposed new vessel2 7,,iii7 determines that the shipyard that will construct a vessel under this section possesses the ability1 experience1 financial resources1 equipment1 and other qualifications necessary to properly to construct the proposed vessel2 7,,iv7 confirms that any newly constructed vessel has dedicated space for the training of cadets of the ,united ,states ,merchant ,marine ,academy 7consistent with the requirements of section #eacjg7;b771 ,state maritime academies 7consistent with the requirements of section #eaejg71 or other workforce training programs identified by the ,administrator2 and 7,v7 has notified the appropriate committees of ,congress not later than #ae days before making any commitment to provide ,federal financial assistance to any covered entity2 and 7ii7 the ,maritime ,administrator may not approve an application to incentivize qualified shipyard investments as described in subsection 7a77#b7 unless the ,administrator-- 7,i7 confirms that the covered entity has received an incentive offered by a governmental entity to a covered entity for the purposes of supporting a qualified shipyard investment within that jurisdiction2 7,,ii7 ensures that the covered entity has an executable plan to sustain the facility without additional ,federal financial assistance under this subsection for the facility2 7,,iii7 determines that the project to which the application relates is in the economic and national security interests of the ,united ,states2 and 7,,iv7 receives detailed information on-- 7aa7 the customers1 or categories of customers1 which the covered entity plans to serve2 7bb7 the type of expenditures which the covered entity plans to make2 and 7cc7 the workforce positions that the covered entity plans to employ1 including any required recruitment1 training1 and hiring2 and 7iii7 the ,maritime ,administrator may consider-- 7,i7 whether the covered entity has previously received financial assistance under this section2 7,,ii7 the price for the construction or repair of a vessel that has been negotiated between a shipyard and proposed vessel purchaser1 and whether the negotiated price is fair and reasonable2 7,,iii7 whether the covered entity commits to use equipment1 materials1 and supplies that are produced in the ,united ,states1 and utilize1 to the maximum extent practicable1 subcontractors and suppliers that are based in the ,united ,states2 and 7,,iv7 whether the covered entity commits to utilizing new or emerging technologies4 7,b7 ,records ,the ,maritime ,administrator may request records and information from the covered entity4 ,the covered entity shall provide the records and information requested by the ,administrator4 7,c7 ,priority ,in providing ,federal financial assistance to covered entities under this section1 the ,maritime ,administrator may-- 7i7 for an application for construction of a vessel as described in subsection 7a77#a71 give priority to applicants that-- 7,i7 propose the construction of vessels of higher transport capability and productivity2 7,,ii7 commit to have modifications done in the ,united ,states to a vessel constructed with such financial assistance2 or 7,,iii7 propose the construction or modification of a vessel to meet the national security needs of the ,united ,states2 and 7ii7 for an application to incentivize a qualified shipyard investment as described in subsection 7a77#b71 give priority to applicants that-- 7,i7 propose to expand production capacity to enable more military or commercial vessels to be constructed or repaired in the ,united ,states2 7,,ii7 commit to using new or emerging technologies or vessel design processes that increase production times or lower production costs2 or 7,,iii7 have experience making qualified shipyard investments or operating shipyards for commercial or military oceangoing vessels4 7#d7 ,national defense features 7,a7 ,in general ,upon receiving an application for the construction of a vessel under this section1 the ,maritime ,administrator shall submit to the ,secretary of the ,navy the plans and specifications for the proposed vessel for review4 7,b7 ,recommendations ,not later than #cj days after the date of receiving the plans and specifications for a vessel as provided for under subparagraph 7,a71 the ,secretary of the ,navy may make recommendations to the ,maritime ,administrator for the design of the vessel1 which would enable the economical and speedy conversion of the vessel into a vessel suitable for use of the ,united ,states ,government in times of war or national emergency4 7,c7 ,requirement to implement recommendations ,if the ,maritime ,administrator agrees with such recommendations1 the ,maritime ,administrator shall require the covered entity to carry out such recommendations as a condition of receiving ,federal financial assistance under this section with respect to that vessel4 7#e7 ,relationship to other financial assistance programs ,a covered entity may not receive financial assistance under this section for a vessel which is enrolled in the ,strategic ,commercial ,fleet ,program4 7d7 ,award amounts 7#a7 ,construction of a vessel of the ,united ,states 7,a7 ,in ,general ,for financial assistance related to construction of a vessel of the ,united ,states1 as described in subsection 7a77#a71 the ,maritime ,administrator shall determine the appropriate amount and funding for each financial assistance award made under this section4 7,b7 ,determination ,in making the determination under subparagraph 7,a71 the ,maritime ,administrator shall consider the difference in the cost of constructing the proposed vessel within the ,united ,states over the fair and reasonable estimate of cost of the construction of that type of vessel if it were constructed under similar plans and specifications 7excluding national defense features as described in subsection 7c77#d77 in a foreign shipbuilding center that is deemed by the ,administrator to furnish a fair and representative example for the determination of the estimated foreign cost of construction of vessels of the type proposed to be constructed4 7#b7 ,qualified shipyard investments ,for financial assistance provided to incentivize qualified shipyard investments as described in subsection 7a77#b71 the ,maritime ,administrator shall determine the appropriate amount for each financial assistance award made to a covered entity to maximize private sector investments and to expand shipyard and ship building capacity of the ,united ,states4 7#c7 ,use of funds ,a covered entity that receives a financial assistance award under this section may only use the financial assistance award amounts to-- 7,a7 7i7 finance the construction of a vessel to be built in the ,united ,states and documented under the laws of the ,united ,states2 or 7ii7 support site development1 construction1 and modernization for qualified shipyard investments2 and 7,b7 support workforce development for a shipyard or qualified shipyard investment4 7e7 ,applications for reconstruction1 conditioning1 or repowering ,the ,maritime ,administrator may1 if determined to be in the national and economic security interests of the ,united ,states and consistent with the requirements of this section1 consider an application as described in subsection 7a77#a71 and award financial assistance under this section1 for the reconstruction1 reconditioning1 or repowering of an existing vessel in a shipyard of the ,united ,states4 7f7 ,pilot program for vessels in domestic commerce 7#a7 ,in general ,the ,maritime ,administrator may1 if determined to be in the national and economic security interests of the ,united ,states and consistent with all other requirements of this section 7except the requirement under subsection 7c77#c77;,a77i77,i77aa771 establish a pilot program to consider an application as described in subsection 7a77#a71 and award financial assistance under this section for the construction of a vessel for use in service other than the foreign commerce4 7#b7 ,eligible vessels ,in addition to all other requirements of this section 7except the requirement under subsection 7c77#c77;,a77i77,i77aa771 a vessel qualifying for funding through the pilot program under this subsection shall only be eligible if the ,administrator certifies that the vessel of the ,united ,states that will be constructed-- 7,a7 7i7 will operate in an emerging industry or a new trade lane2 7ii7 will not compete with existing vessels of the ,united ,states2 and 7iii7 will not serve a market already served by a vessel of the ,united ,states with a coastwise endorsement2 7,b7 7i7 will replace an existing vessel of the ,united ,states that is or will be acquired by the ,administrator to be placed in the ,national ,defense ,reserve ,fleet1 pursuant to section #egaja2 and 7ii7 will operate for not longer than #ba years and upon disposition will be placed in the ,national ,defense ,reserve ,fleet1 pursuant to section #egaja2 or 7,c7 will be an oceanographic research vessel 7as defined in section #baja of this title74 7#c7 ,rule of construction ,nothing in this subsection shall be construed to alter the requirements under section #eeajb4 7g7 ,clawback 7#a7 ,milestones ,for all awards to covered entities under this section1 the ,administrator shall1 before the award is made1 determine target milestones by which the vessel's construction or a qualified shipyard investment shall be completed4 7#b7 ,progressive recovery for delays ,subject to paragraph 7#c71 if a covered entity does not meet such target milestones1 the ,administrator shall progressively recover up to the full amount of an award provided to a covered entity under this section4 7#c7 ,waiver ,in the case of delays that do not meet such target milestones1 the ,administrator may waive elements of the progressive recovery described in paragraph 7#b7 that is incorporated in each award after-- 7,a7 making a formal determination that circumstances beyond the ability of the covered entity to foresee or control are responsible for delays2 and 7,b7 submitting congressional notification4 7#d7 ,congressional notification ,the ,administrator shall notify the appropriate committees of ,congress-- 7,a7 of the target dates described in paragraph 7#a7 for each award2 and 7,b7 of any waivers provided under paragraph 7#c7 not later than #ae days after the date on which such a waiver was provided4 7h7 ,emergency preparedness ,the ,maritime ,administrator shall require any vessel that is constructed with financial assistance under this section to participate in an emergency preparedness program that is approved by the ,secretary of ,defense4 7i7 ,clarification ,the provision by the ,administrator of ,federal financial assistance for a project described in this section shall not be considered to be a major ,federal action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or an undertaking for the purposes of division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code4 7j7 ,buy ,america ,section #edaja7;d77#b7 shall apply to any funds obligated by the ,administrator under this section4 7k7 ,,gao review ,the ,comptroller ,general of the ,united ,states shall-- 7#a7 not later than #b years after the date of disbursement of the first financial award under this section1 and biennially thereafter for #aj years1 conduct a review of the program under this section2 and 7#b7 submit to the appropriate committees of ,congress the results of each review4 7l7 ,prohibition on use of funds 7#a7 ,in general ,no funds made available under this section may-- 7,a7 be used to construct1 modify1 or improve a facility outside of the ,united ,states2 7,b7 be provided to a foreign entity of concern or to support a foreign entity of concern2 or 7,c7 be used to purchase materials that are procured or sourced from a foreign entity of concern1 if such funds are for construction of a vessel as described in subsection 7a77#a74 7#b7 ,stock buybacks ,an entity receiving financial assistance under this section may not engage in any stock buyback for a period of #e years after receiving such assistance4 7m7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator1 out of the ,maritime ,security ,trust ,fund established under section #ejcja7;b7 of this title1 #bej1jjj1jjj for each of fiscal years #bjbf through #bjce to provide financial assistance to covered entities under this section1 to remain available until expended4 4 7b7 ,clerical amendment ,the table of chapters at the beginning of part ,c of subtitle ,v of title #df1 ,united ,states ,code1 and at the beginning of subtitle ,v of such title1 are each amended by inserting after the item relating to chapter #ecg the following new item3 #ech4,shipbuilding financial incentives#echja 4 7c7 ,conforming amendment ,title ,v of the ,act of ,june #bi1 #aicf 7#di ,stat4 #aiie2 chapter #heh7 is repealed4 #ejb4 ,assistance for small shipyards ,section #edaja of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,a71 by striking 2 and and inserting a semicolon2 7,b7 in subparagraph 7,b71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 long-term industrial base growth that supports the national security and economic security needs of the merchant marine of the ,united ,states4 2 and 7#b7 in subsection 7i7-- 7,a7 by inserting out of the ,maritime ,security ,trust ,fund established under section #ejcja7;b7 of this title before to the ,administrator of the ,maritime ,administration2 and 7,b7 by striking for fiscal year #bjba to carry out this section #bj1jjj1jjj and inserting #ajj1jjj1jjj for each of fiscal years #bjbf through #bjce4 #ejc4 ,federal ,ship ,financing 7title ,,xi7 ,program 7a7 ,establishment of revolving loan fund ,section #ecgjb of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,establishment of revolving loan fund ,not later than #cj days after the date of enactment of the ,,ships for ,america ,act of #bjbe1 the ,secretary shall establish a revolving loan fund to be administered by the ,national ,surface ,transportation and ,innovation ,finance ,bureau established under section #aaf of title #di4 ,any funds appropriated to carry out this chapter shall be deposited in the fund1 along with any proceeds generated from the loan guarantee program under this chapter including any fees collected under section #ecgac or #ecgad4 ,the ,secretary or ,administrator shall make a guarantee of payments or commitment to guarantee payments under subsection 7a7 or for the ,secretary to make direct loan obligations under subsection 7b7 out of the revolving loan fund4 7d7 ,authorization of appropriations ,there is authorized to be appropriated1 out of the ,maritime ,security ,trust ,fund established under section #ejcja7;b7 of this title1 #ajj1jjj1jjj for fiscal year #bjbf to be available until expended to the revolving loan fund established under subsection 7c74 4 7b7 ,funding limits ,section #ecgjd of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking facilities4 and inserting facilities1 and not less than #ej percent of obligations guaranteed under this chapter shall be for projects that do not receive any payments or ,federal financial assistance from financial assistance programs established under this part42 and 7#b7 in subsection 7c71 by adding at the end the following3 7#e7 ,vessel of ,national ,interest ,the ,administrator shall ensure that the system of risk categories under paragraph 7#b7 takes into consideration whether a project subject to a guarantee under this chapter is a project to construct1 reconstruct1 or recondition a ,vessel of ,national ,interest4 4 7c7 ,eligible purposes of obligations ,section #ecgjf7;a77#h7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking ,states4 and inserting ,states that is required--2 and 7#b7 by adding at the end the following new subparagraphs3 7,a7 for the vessel to be a vessel of the ,united ,states2 7,b7 for the vessel to be issued a coastwise endorsement under chapter #aba2 7,c7 to convert a civilian vessel of the ,united ,states to a more useful military configuration2 7,d7 for any vessel under contract to the ,federal ,government2 or 7,e7 for any ,united ,states-built vessel participating in-- 7i7 the ,maritime ,security ,program or the ,emergency ,preparedness ,program under chapter #eca2 7ii7 the ,cable ,security ,fleet under chapter #ecb2 7iii7 the ,tanker ,security ,fleet under chapter #ecd2 7iv7 the ,strategic ,commercial ,fleet under chapter #ecf2 7v7 the ,shipbuilding ,financial ,incentive under chapter #ech2 or 7vi7 the ,national ,defense ,reserve ,fleet under section #egajj4 4 7d7 ,buy ,america ,section #ecgcc of title #df1 ,united ,states ,code1 is amended by striking subsection 7f7 and inserting the following3 7f7 ,buy ,america ,section #edaja7;d77#b7 shall apply to any funds obligated by the ,administrator under this section4 4 #ejd4 ,construction ,reserve ,fund 7a7 ,definitions ,section #eccja7;a7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking a new vessel and inserting an eligible vessel2 7#b7 in paragraph 7#b7-- 7,a7 in the paragraph heading1 by striking ,new vessel and inserting ,eligible vessel2 7,b7 in the matter preceding subparagraph 7,a71 by striking new vessel and inserting eligible vessel2 and 7,c7 in subparagraph 7,a7-- 7i7 in clause 7i71 by striking after ,december #ca1 #aici2 7ii7 in clause 7ii71 by striking and after the semicolon2 7iii7 by redesignating clause 7iii7 as clause 7iv72 and 7iv7 by inserting after clause 7ii71 the following3 7iii7 operated in foreign commerce or domestic commerce of the ,united ,states or in the fisheries2 and 2 and 7#c7 by adding at the end the following3 7#c7 ,foreign commerce ,the term foreign commerce means-- 7,a7 commerce or trade between the ,united ,states1 its territories or possessions1 or the ,district of ,columbia1 and a foreign country2 and 7,b7 commerce or trade between foreign countries4 4 7b7 ,authority for ,construction ,reserve ,funds ,section #eccjb7;a7 of title #df1 ,united ,states ,code1 is amended by striking or acquisition of a new vessel and inserting repowering1 or acquisition of an eligible vessel4 7c7 ,persons eligible ,to establish funds ,section #eccjc of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking the matter preceding paragraph 7#a7 and inserting the following3 ,a citizen of the ,united ,states may make an agreement with the ,secretary of ,transportation under this chapter to establish a construction reserve fund if that citizen--2 7#b7 in paragraph 7#a71 by striking in the foreign or domestic commerce of the ,united ,states and inserting documented under the laws of the ,united ,states and operating in foreign commerce or domestic commerce of the ,united ,states2 7#c7 in paragraph 7#b71 by striking being operated in the foreign or domestic commerce of the ,united ,states and inserting documented under the laws of the ,united ,states and operating in foreign commerce or domestic commerce of the ,united ,states2 7#d7 in paragraph 7#c71 by striking in the foreign or domestic commerce of the ,united ,states and inserting documented under the laws of the ,united ,states and operating in foreign commerce or domestic commerce of the ,united ,states2 7#e7 in paragraph 7#d7-- 7,a7 by striking being operated in the foreign or domestic commerce of the ,united ,states and inserting documented under the laws of the ,united ,states and operating in foreign commerce or domestic commerce of the ,united ,states2 and 7,b7 by striking or after the semicolon2 7#f7 in paragraph 7#e7-- 7,a7 by striking in the foreign or domestic commerce of the ,united ,states and inserting documented under the laws of the ,united ,states to operate in foreign commerce or domestic commerce of the ,united ,states2 and 7,b7 by striking the period at the end and inserting 2 or2 and 7#g7 by adding at the end the following3 7#f7 commits1 as a part of the agreement with the ,secretary under this chapter1 to construct1 reconstruct1 recondition1 repower1 or acquire1 and operate1 an eligible vessel by not later than #e years after the date on which the construction reserve fund is established4 4 7d7 ,vessel ownership ,section #eccjd of title #df1 ,united ,states ,code1 is amended by striking constructed or acquired each place the term appears and inserting constructed1 reconstructed1 reconditioned1 repowered1 or acquired4 7e7 ,basis for determining gain or loss ,section #eccjg of title #df1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking new vessels and inserting eligible vessels2 7#b7 by striking a new vessel and inserting an eligible vessel2 7#c7 by striking the new vessel and inserting the eligible vessel2 7#d7 by inserting repowered1 after reconditioned12 and 7#e7 by inserting repowering1 after reconditioning14 7f7 ,obligation of deposits ,section #eccaj of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking a new vessel each place the term appears and inserting an eligible vessel2 and 7,b7 in paragraph 7#a77;,a71 by striking or reconditioning and inserting 1 repowering1 or reconditioning2 and 7#b7 by striking subsections 7b7 and 7c7 and inserting the following3 7b7 ,additional requirements for certain vessels ,in addition to the requirements of subsection 7a77#a71 for an eligible vessel not constructed under the construction-differential program or not bought from the ,secretary of ,transportation1 construction shall commence with reasonable dispatch after the date of the construction contract1 as determined by the ,secretary of ,transportation and certified by such ,secretary to the ,secretary of the ,treasury4 7c7 ,extensions ,the ,secretary of ,transportation may grant extensions of the period within which the deposits must be expended or obligated1 except that such extensions may not be for a total of more than #ae years for the expenditure or obligation of deposits4 4 7g7 ,clerical amendment ,the table of sections for chapter #ecc of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #eccjg and inserting the following3 #eccjg4 ,basis for determining gain or loss and for depreciating eligible vessels44 #eje4 ,capital ,construction ,fund 7a7 ,in general ,chapter #ece of subtitle ,v of title #df1 ,united ,states ,code1 is amended-- 7#a7 in section #eceja-- 7,a7 by redesignating paragraphs 7#b71 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 and 7#i71 as paragraphs 7#c71 7#e71 7#g71 7#h71 7#i71 7#aj71 7#aa71 and 7#ab71 respectively2 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,cargo handling equipment ,the term cargo handling equipment means any vehicle or land-based equipment 7excluding marine container chassis71 and the associated marine terminal or port landside infrastructure1 used at a marine terminal to lift or move cargo-- 7,a7 manufactured in the ,united ,states 7including any territory or possession of the ,united ,states72 or 7,b7 manufactured outside of the ,united ,states1 if such equipment is not produced in the ,united ,states in sufficient and reasonably available quantities or of a satisfactory quality as determined by the ,secretary4 2 7,c7 by inserting after paragraph 7#c71 as redesignated by subparagraph 7,a71 the following3 7#d7 ,foreign commerce ,the term foreign commerce means-- 7,a7 commerce or trade between the ,united ,states1 its territories or possessions1 or the ,district of ,columbia1 and a foreign country2 and 7,b7 commerce or trade between foreign countries4 2 7,d7 by inserting after paragraph 7#e71 as redesignated by subparagraph 7,a71 the following3 7#f7 ,marine terminal ,the term marine terminal means wharves1 bulkheads1 quays1 piers1 docks1 and other berthing locations and adjacent storage or adjacent areas and structures associated with the primary movement of cargo or materials from vessel to shore1 or from shore to vessel1 including structures which are devoted to receiving1 handling1 holding1 consolidating1 loading1 or delivery of waterborne shipments1 including areas devoted to the maintenance of the terminal or equipment4 2 and 7,e7 in paragraph 7#c77;,a77iii71 as redesignated by subparagraph 7,a71 by striking foreign or domestic trade of the ,united ,states and inserting foreign commerce or domestic trade of the ,united ,states2 and 7,f7 in paragraph 7#h77;,a77iii71 as redesignated by subparagraph 7,a71 by striking foreign or domestic trade of the ,united ,states and inserting foreign commerce or domestic trade of the ,united ,states2 7#b7 in section #ecejc-- 7,a7 by striking subsection 7a7 and inserting the following3 7a7 ,in ,general 7#a7 ,citizen agreements ,a citizen of the ,united ,states may make an agreement with the ,secretary under this chapter to establish a capital construction fund for a vessel if that citizen-- 7,a7 owns or leases an eligible vessel2 or 7,b7 commits1 as a part of such agreement1 to build and operate an eligible vessel not later than #e years after establishing the capital construction fund4 7#b7 ,operator agreements ,an operator of a ,united ,states marine terminal may make an agreement with the ,secretary under this chapter to establish a capital construction fund for the marine terminal4 2 and 7,b7 by striking subsection 7b71 and inserting the following3 7b7 ,allowable purpose ,the purpose of the agreement shall be to provide-- 7#a7 replacement vessels1 additional vessels1 or reconstructed vessels1 built in the ,united ,states and documented under the laws of the ,united ,states1 for operation in the foreign commerce or domestic trade of the ,united ,states or in the fisheries of the ,united ,states2 or 7#b7 replacement cargo handling equipment1 additional cargo handling equipment1 or reconstructed cargo handling equipment for operation at marine terminals in the ,united ,states4 2 7#c7 in section #ecejd7;b71 by inserting or ,united ,states marine terminal after agreement vessel2 7#d7 by striking section #eceje and inserting the following3 #eceje4 ,ceiling on deposits 7a7 ,maximum deposits ,the amount deposited in a capital construction fund for a taxable year may not exceed the amount specified in the agreement under section #ecejc7;a71 which shall be an amount that is related to a commitment to invest the revenue from the capital construction fund into funding the construction of new vessels or funding cargo handling equipment4 7b7 ,revenue ,for the purposes of subsection 7a71 the revenue from the capital construction fund may include-- 7#a7 income attributable to the operation of the agreement vessel in foreign commerce or domestic trade or fisheries or the operation of a marine terminal in the ,united ,states2 7#b7 the amount allowable as a deduction under section #afg of the ,internal ,revenue ,code of #aihf for the taxable year with respect to the agreement vessels or cargo handling equipment2 7#c7 the net proceeds from the disposition of an agreement vessel or cargo handling equipment or insurance or indemnity attributable to the vessel or cargo handling equipment2 and 7#d7 the receipts from the investment or reinvestment of amounts held in the fund4 7c7 ,reductions for lessees ,for a lessee1 the maximum amount that may be deposited for an agreement vessel under subsection 7a7 for any period shall be reduced by any amount the owner is required or permitted1 under the capital construction fund agreement1 to deposit for that period for the vessel under subsection 7a74 2 7#e7 in section #ecejf-- 7,a7 in subsection 7a71 by striking ,except as provided in subsection 7b71 amounts in the fund may be invested only in interest-bearing securities approved by the ,secretary42 and 7,b7 in subsection 7b71 by striking ,with the approval of the ,secretary1 an agreed percentage 7but not more than #fj percent7 of the assets of the fund and inserting ,an agreed percentage of the assets of the fund2 7#f7 in section #eceji-- 7,a7 by striking subsection 7a71 and inserting the following3 7a7 ,in general ,subject to subsections 7b7 and 7c71 a withdrawal from a capital construction fund is a qualified withdrawal if it is made under the terms of the agreement and is for-- 7#a7 the acquisition1 construction1 repowering1 or reconstruction of-- 7,a7 a qualified vessel or a barge or container that is part of the complement of a qualified vessel2 or 7,b7 cargo handling equipment2 or 7#b7 the payment of the principal on indebtedness incurred in the acquisition1 construction1 repowering1 or reconstruction of-- 7,a7 a qualified vessel or a barge or container that is part of the complement of a qualified vessel2 or 7,b7 cargo handling equipment4 2 7,b7 by redesignating subsection 7c7 as subsection 7e72 and 7,c7 by inserting after subsection 7b7 the following3 7c7 ,restriction ,no withdrawals may be made from a capital construction fund to purchase fully automated cargo handling equipment that is remotely operated or remotely monitored with or without the exercise of human intervention or control1 if the ,secretary determines such equipment would result in a net loss of jobs within a marine terminal4 7d7 ,prohibition on certain cranes ,no withdrawals may be made from a capital construction fund to purchase cranes manufactured in the ,people's ,republic of ,china or by foreign entities of concern 7as defined in section #d of the ,,ships for ,america ,act of #bjbe74 2 7#g7 in section #eceaj-- 7,a7 in subsection 7b71 by inserting cargo handling equipment1 after barge1 both places the term appears2 7,b7 in subsection 7c71 by inserting cargo handling equipment1 after barge1 both places the term appears2 and 7,c7 in subsection 7d71 by inserting cargo handling equipment1 after barges12 7#h7 in section #eceaa7;e77#a71 by striking the table contained therein and inserting the following3 ,if the amount remains in the fund at the close of the-,the applicable percentage is-#afth taxable year#bj percent#agth taxable year#dj percent#ahth taxable year#fj percent#aith taxable year#hj percent#bjth taxable year#ajj percent 2 and 7#i7 in section #eceab7;b77#a71 by adding cargo handling equipment1 after advanced4 7b7 ,cargo handling equipment availability ,the ,secretary shall annually publish in the ,federal ,register a request for information regarding the availability of cargo handling equipment manufactured in the ,united ,states and shall share the results of such request for information with capital construction fund holders4 #ejf4 ,anticipated commercial vessel construction survey 7a7 ,in general ,chapter #eja of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #ejaae4 ,anticipated commercial vessel construction survey 7a7 ,definition ,in this section1 commercial vessel of the ,united ,states means a vessel that is documented under the laws of the ,united ,states1 not less than #f1jjj deadweight tons1 and operated in the domestic trade of the ,united ,states or foreign commerce1 and may include-- 7#a7 a bulk carrier vessel2 7#b7 a tanker vessel2 7#c7 a roll-on_/roll-off vessel2 7#d7 a liquefied natural gas tanker vessel2 7#e7 a container vessel2 7#f7 a multi-purpose vessel2 7#g7 a cable vessel 7as defined in section #ecbja72 7#h7 a heavy-lift vessel2 or 7#i7 any other type of vessel determined appropriate by the ,administrator1 in consultation with the ,maritime ,security ,board4 7b7 ,in general ,not later than #ahj days after the date of enactment of this section1 and annually thereafter1 the ,maritime ,administrator shall conduct a survey of owners1 agents1 or operators of commercial vessels of the ,united ,states to identify plans for the construction1 maintenance1 and modernization of commercial vessels of the ,united ,states4 7c7 ,purpose ,the purpose of the survey conducted under this section is to inform the maritime industrial base of the future need for the construction of commercial vessels4 7d7 ,inclusions ,in conducting the survey under this section1 the ,maritime ,administrator shall collect the following information from owners1 agents1 or operators of commercial vessels of the ,united ,states who participate in the survey3 7#a7 ,the number of commercial vessels of the ,united ,states the participant is looking to construct during the #aj-year period beginning on the date on which the participant takes the survey4 7#b7 ,the capabilities of the vessels described in paragraph 7#a7 that the participant is seeking in constructing such vessels4 7#c7 ,estimated timelines for when the participant aims to place each such vessel into service4 7#d7 ,the number of major repairs of commercial vessels of the ,united ,states and overhauls of such commercial vessels the participant is looking to carry out during the #aj-year period described in paragraph 7#a74 7#e7 ,the major components that a shipbuilder would need from industrial base suppliers to support the construction1 overhaul1 or repair of commercial vessels of the ,united ,states during such #aj-year period4 7#f7 ,estimates for the capital expenditures the participant is planning to make for the construction1 overhaul1 or repair of commercial vessels of the ,united ,states during such #aj-year period4 7#g7 ,any additional information the ,maritime ,administrator determines appropriate4 7e7 ,participation ,the ,administrator may not require any owner1 agent1 or operator of a commercial vessel of the ,united ,states to participate in the survey unless that owner1 agency1 or operator is participating in a financial assistance program established under part ,c of this subtitle4 7f7 ,release of findings 7#a7 ,distribution ,each year1 the ,maritime ,administrator may release the findings of the survey with shipyards in the ,united ,states and other maritime industrial base stakeholders the results of the survey conducted under this section for such year in such a manner as the ,administrator determines appropriate4 7#b7 ,proprietary information ,notwithstanding any other provision of law1 including section #eeb of title #e1 ,united ,states ,code1 at the request of a survey participant1 the ,maritime ,administrator shall withhold proprietary information provided as a part of a survey conducted under this section4 7#c7 ,coordination ,to the maximum extent practicable1 the ,maritime ,administrator shall seek to conduct the annual surveys under this section and publish the results of such surveys on a similar timeline as the timeline for the annual naval vessel construction plans under section #bca7;a77#a7 of title #aj and other shipbuilding construction surveys published by other ,federal agencies4 4 7b7 ,clerical amendment ,the table of sections for chapter #eja of title #df1 ,united ,states ,code1 is amended by inserting after the item relating to section #ejaad the following3 #ejaae4 ,anticipated commercial vessel construction survey4 4 #ejg4 ,streamlined environmental review ,section #dajja7f7 of the ,fixing ,america's ,surface ,transportation ,act 7#db ,u4,s4,c4 #dcgjm7#f77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in the matter preceding clause 7i71 by inserting the maritime industry after waterways12 7,b7 by redesignating clauses 7iii7 and 7iv7 as clauses 7iv7 and 7v71 respectively2 and 7,c7 by inserting after clause 7ii7 the following3 7iii7 is covered by a programmatic plan or environmental review developed for a project related to the maritime industry2 2 and 7#b7 by adding at the end the following3 7,d7 ,maritime industry ,for the purposes of subparagraph 7,a71 the term construction of infrastructure for the maritime industry includes construction of-- 7i7 shipyards and ship repair facilities2 7ii7 port terminals and other port facilities2 7iii7 manufacturing facilities for equipment and technology instrumental to the facilitation of maritime trade and commerce1 as defined by the ,council2 and 7iv7 other industrial base facilities that support the ,navy or the merchant marine of the ,united ,states4 4 #ejh4 ,eligibility for loan guarantees ,section #agjc7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac7;b77 is amended by inserting at the end the following3 7#ad7 ,marine transportation systems1 including commercial vessels of the ,united ,states1 shipyards1 marine terminals1 and port facilities4 4 #eji4 ,reports 7a7 ,report on ,national ,defense ,reserve ,fleet 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 and every #b years thereafter1 the ,maritime ,administrator1 in consultation with the ,commander of the ,united ,states ,transportation ,command and the ,secretary of the ,navy1 and in accordance with paragraph 7#b71 shall submit to the appropriate committees of ,congress and the ,maritime ,security ,board a report-- 7,a7 outlining a plan for using the shipbuilding financial incentives program authorized under section #echja of title #df1 ,united ,states ,code1 as added by section #eja1 and the financial incentive programs under subpart ,c of subtitle ,v of title #df1 ,united ,states ,code1 to supplement the size and readiness of the ,national ,defense ,reserve ,fleet and to improve national shipbuilding and shipping infrastructure2 and 7,b7 describing ways in which an expanded and creative view of the make-up of vessels with ,voluntary ,intermodal ,sealift ,agreements or ,voluntary ,tanker ,agreements and the shipbuilding financial incentives program authorized under such section can be used to ensure government access to other vessels that are critical to national security1 such as icebreakers1 oil and natural gas tankers1 floating dry docks1 salvage vessels1 dredges1 ocean tugs1 offshore construction vessels1 multi-use workboats1 and commercial shipping vessels using small nuclear reactors4 7#b7 ,additional consultation ,in preparing the report under paragraph 7#a71 the ,maritime ,administrator shall also consult with the ,secretary of ,commerce and the ,secretary of ,energy with respect to shipping vessels or mobile maritime power plants using small nuclear reactors4 7b7 ,report on de-,risking maritime sector ,not later than #ahj days after the date of enactment of this ,act1 and every #b years thereafter1 the ,secretary of ,defense and the ,secretary of ,homeland ,security1 in coordination with the ,secretaries of ,treasury and ,state1 the ,maritime ,administrator1 the ,united ,states ,trade ,representative1 and the ,director of the ,office of ,management and ,budget1 shall submit to the appropriate committees of ,congress and the ,maritime ,security ,board a report outlining a comprehensive strategy for de-risking the ,united ,states maritime domain from the ,people's ,republic of ,china and other asymmetric or emerging maritime threats4 7c7 ,report on restricting flow of capital to ,,ccp ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation1 the ,secretary of ,defense1 the ,secretary of ,commerce1 the ,secretary of ,state1 and the ,secretary of the ,treasury shall submit to the appropriate committees of ,congress and the ,maritime ,security ,board a report on ways and means for restricting the flow of capital from the ,united ,states to ,chinese ,communist ,party maritime industries1 which shall include recommendations for promoting the flow of capital within and between the ,united ,states and treaty allies of the ,united ,states4 ,the report shall also include a survey of banks1 pension funds1 and large financial institutions1 with recommendations for ways the ,united ,states can incentivize domestic financial investments in the maritime industry4 #eaj4 ,export control report ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,state and the ,secretary of ,commerce shall jointly submit to ,congress a report assessing methods to reduce the use of export controls and other restrictions under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq47 and the ,international ,traffic in ,arms ,regulations under subchapter ,m of chapter ,i of title #bb1 ,code of ,federal ,regulations1 and the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq47 and the ,export ,administration ,regulations under subchapter ,c of chapter ,,vii of title #ae1 ,code of ,federal ,regulations1 or successor regulations1 that limit the ability of foreign-owned marine industrial base companies to participate in the ,united ,states shipbuilding industry1 specifically including shipbuilding for the ,federal ,government1 while ensuring appropriate safeguards for ,united ,states-based firms and ,american workers4 ,b ,department of ,defense ,programs #eaa4 ,assessment of the use of commercial best practices for ,navy shipbuilding 7a7 ,assessment 7#a7 ,in general ,the ,secretary of the ,navy1 in coordination with the ,secretary of ,transportation and the ,secretary of the ,department in which the ,coast ,guard is operating1 shall-- 7,a7 conduct an assessment of best practices used in the construction and repair of commercial1 oceangoing maritime vessels2 and 7,b7 identify-- 7i7 opportunities for the ,navy and ,coast ,guard to leverage those best practices to make ship construction and repair efforts of combatant and non-combatant vessels more efficient2 and 7ii7 advanced technologies that can be leveraged to improve the overall readiness and dominance of the ,united ,states maritime fleet 7both commercial and military71 to specifically include small modular reactors for ship power and propulsion4 7#b7 ,elements ,the assessment required by paragraph 7#a7 shall include the following3 7,a7 ,an evaluation of the best practices described in subparagraph 7,a7 of such paragraph1 including best practices used by commercial shipyards in foreign allied countries1 consideration of commercial design standards1 and the vessel construction manager model used to construct the ,national ,security ,multi ,mission ,vessel ,program1 that could improve the efficiency of shipbuilding and repair by the ,navy and ,coast ,guard4 7,b7 ,an identification of commercial-grade components and capabilities being used in state-of-the-art commercial1 oceangoing maritime vessels and an assessment of whether the ,navy and ,coast ,guard could better use commercial off-the-shelf components or capabilities to reduce costs1 improve efficiencies1 or enhance capabilities in the construction of new naval vessels and cutters1 and in repair of naval vessels and cutters4 7,c7 ,a determination as to whether shipbuilding and acquisition programs of the ,navy and ,coast ,guard use modern best practices from the commercial maritime industry in terms of contracting1 ship design1 construction1 overhaul1 and maintenance4 7,d7 ,an identification of technologies and procedures that are used in commercial shipbuilding that1 if used by the ,navy and ,coast ,guard1 would improve the efficiency of designing and constructing new naval vessels4 7,e7 ,an identification of technologies and procedures that are used in commercial shipbuilding and repair that1 if used by the ,navy and ,coast ,guard1 would improve the efficiency of repairing naval vessels4 7,f7 ,an identification of opportunities to improve commonality in ship design1 ship components1 and shipbuilding procedures between commercial1 oceangoing maritime vessels1 naval vessels1 and cutters that could lead to improved efficiencies and a more resilient industrial base to support shipbuilding and repair for military and civil maritime vessels4 7,g7 ,an identification of advanced nuclear technologies that are under development for use in commercial shipbuilding that1 if used by the ,navy and ,coast ,guard1 would improve the operational capability of naval vessels and cutters4 7,h7 ,an identification of the barriers preventing or making prohibitive the use of small modular reactors in naval or commercial1 oceangoing maritime vessels1 including-- 7i7 ambiguity in regulations governing nuclear propulsion restricting the commercial maritime industry from utilizing nuclear propulsion or collaborating between ,united ,states and foreign entities under export controls requirements1 including section #gdd4e of title #ae1 ,code of ,federal ,regulations 7or a similar successor regulation72 and 7ii7 a lack of clarity in the meaning of maritime 7civil7 nuclear propulsion plant projects contained in the ,export ,administration ,regulations and ,naval ,nuclear ,propulsion contained in the ,international ,traffic in ,arms ,regulations 7,cat ,,vi74 7,i7 ,an evaluation of education and technology development best practices used by commercial shipyards in foreign allied countries1 and an identification of education and technology development opportunities1 that could improve the efficiency of shipbuilding and repair by the ,navy and ,coast ,guard4 7,j7 ,an evaluation of whether adoption of the best practices evaluated under subparagraph 7,a7 for the construction and repair of naval vessels and cutters would support the domestic commercial maritime shipbuilding industry1 the commercial maritime industrial base1 and the merchant marine of the ,united ,states4 7b7 ,briefing ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,navy shall provide to the congressional defense committees a briefing on-- 7#a7 the results of the assessment required by subsection 7a72 and 7#b7 a plan to execute any measures pursuant to such assessment4 7c7 ,strategy ,required ,not later than #a year after the date of enactment of this ,act1 and biennially thereafter1 the ,secretary of the ,navy and ,secretary of the ,department in which the ,coast ,guard is operating shall-- 7#a7 provide to the appropriate committees of ,congress strategies describing how measures identified as a result of the assessment required by subsection 7a7 will be incorporated into shipbuilding programs for the ,navy and ,coast ,guard2 and 7#b7 publish a public version of the strategies4 7d7 ,congressional defense committees defined ,in this section1 the term congressional defense committees has the meaning given that term in section #aja7;a7 of title #aj1 ,united ,states ,code4 #eab4 ,plan of action for use of ,defense ,production ,act of #aiej authorities 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall submit to the appropriate committees of ,congress a report on a plan of action for any use of authorities available under title ,,iii of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deca et seq47-- 7#a7 to establish or enhance a domestic production capability for the construction of militarily useful1 commercial maritime vessels that can be operated in foreign commerce or the domestic commerce of the ,united ,states2 7#b7 to establish1 improve1 or enhance the defense shipyard industrial base2 or 7#c7 to establish1 improve1 or enhance maritime port infrastructure of the ,united ,states1 including containers and ship-to-shore cranes that were built in the ,united ,states and are owned by citizens of the ,united ,states4 7b7 ,coordination ,the ,president shall develop the plan of action required by subsection 7a7 in consultation with-- 7#a7 the maritime security advisor 7as established by this ,act72 7#b7 the ,maritime ,security ,board 7as established by this ,act72 7#c7 an advisory committee established under section #gjh7;d7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deeh7;d772 and 7#d7 such stakeholders in the private sector as the ,president considers appropriate4 7c7 ,appropriate committees of ,congress defined ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,armed ,services1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,armed ,services1 the ,committee on ,transportation and ,infrastructure1 and the ,committee on ,appropriations of the ,house of ,representatives4 #eac4 ,military ,sealift ,command 7a7 ,authority ,to offer increased paid leave accrual ,the ,secretary of the ,navy is authorized to offer government merchant mariners employed by ,military ,sealift ,command paid leave accrual at a faster rate than provided pursuant to the standard ,general ,schedule 7,,gs7 system to make government seafaring jobs more competitive with the commercial sector4 7b7 ,report on recruiting and retention efforts 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of the ,navy1 in coordination with the ,commander of the ,military ,sealift ,command and the ,maritime ,security ,board1 and in consultation with the ,commander of ,united ,states ,transportation ,command1 the ,commander of ,united ,states ,fleet ,forces ,command1 and the ,assistant ,secretary of the ,navy for ,research1 ,development and ,acquisition1 shall submit to the appropriate committees of ,congress a report on efforts to improve recruitment and retention of ,military ,sealift ,command ,mariners4 7#b7 ,elements ,the report required under paragraph 7#a7 shall consider-- 7,a7 opportunities to enhance the integration of ,military ,sealift ,commander civilian mariners into the military command structure2 7,b7 providing training on the roles and significance of ,military ,sealift ,command civilian mariner workforce to relevant military commands2 and 7,c7 authorities required to improve recruitment and retention of civilian mariners in ,military ,sealift ,command4 7c7 ,report on extending charter durations ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of the ,navy shall submit to the appropriate committees of ,congress a report assessing the merits of extending the maximum charter durations of commercial and specialty vessels for the ,military ,sealift ,command4 ,c ,shipbuilding innovation and infrastructure #eba4 ,united ,states ,center for ,maritime ,innovation 7a7 ,in general ,section #ejcjg7;e7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by inserting through the establishment1 management1 and coordination of geographically and topically diverse maritime incubators after maritime transportation system2 and 7#b7 by striking paragraphs 7#b71 7#c71 and 7#d71 and inserting the following3 7#b7 ,cooperative agreement ,the cooperative agreement shall be with an organization or persons with substantial experience in the maritime industry1 as determined by the ,secretary1 in consultation with the ,maritime ,security ,board4 7#c7 ,selection ,the ,center shall be-- 7,a7 selected through a competitive process of eligible entities1 and if a private entity1 a domestic entity2 7,b7 based in the ,united ,states with technical expertise in emerging marine technologies and practices related to the maritime transportation system2 and 7,c7 located in close proximity to eligible entities with expertise in ,united ,states emerging maritime technologies and practices4 7#d7 ,coordination ,the ,secretary of ,transportation shall coordinate with the ,maritime ,security ,board and other agencies critical for science1 research1 and regulation of emerging marine technologies for the maritime sector1 including the ,department of ,defense1 the ,department of ,energy1 the ,environmental ,protection ,agency1 the ,national ,science ,foundation1 the ,coast ,guard1 the ,national ,oceanic and ,atmospheric ,association1 and the ,marine ,board of the ,national ,academies when establishing the ,center4 7#e7 ,responsibilities ,the ,center shall carry out the following activities3 7,a7 ,establish and support maritime incubators in accordance with paragraph 7#f74 7,b7 ,accelerate the adoption or integration of commercial technologies within the maritime industry to transform the capacity and capabilities of the merchant marine of the ,united ,states4 7,c7 ,serve as the principal liaison between the ,maritime ,security ,board and maritime incubators4 7,d7 ,carry out programs1 projects1 and other activities to strengthen the merchant marine of the ,united ,states and the maritime industrial base4 7,e7 ,coordinate and harmonize the activities of other organizations and elements of the maritime industry on matters relating to commercial technologies1 dual use technologies1 and the innovation of such technologies4 7,f7 ,coordinate and advise efforts among elements of the maritime industry on matters relating to the development1 procurement1 and fielding of nontraditional capabilities and connect entities developing those capabilities with the relevant incubators4 7,g7 ,coordinate with maritime industry stakeholders to identify operational challenges that have the potential to be addressed through the use of nontraditional capabilities1 including dual-use technologies that are being developed and financed in the commercial sector4 7,h7 ,coordinate with maritime industry stakeholders and relevant ,federal agencies to enhance the capacity and performance of seaports of the ,united ,states1 including through hardening security1 enhancing preparedness1 and developing ,united ,states-based supply chains for port technologies and equipment4 7,i7 ,coordinate with other research and development programs and centers focused on modes of transportation besides maritime to develop intermodal interoperability with the maritime industry4 7,j7 ,develop a standard design for commercial vessels and components and features of commercial vessels to be manufactured in the ,united ,states1 using mature1 proven designs1 which-- 7i7 includes1 to the maximum extent practicable1 included parts1 components1 and material manufactured in and sourced from the ,united ,states2 7ii7 does not include any parts1 components1 or materials manufactured by foreign entities of concern or which are produced in foreign countries of concern 7as such terms are defined in section #d of the ,,ships for ,america ,act of #bjbe72 and 7iii7 includes priorities for design identified in consultation with the ,secretary of the ,navy1 as necessary for strategic sealift1 informed by requirements to sustain a wartime economy and military operations4 7,k7 ,lead engagement with industry1 academia1 labor organizations1 and other nongovernmental entities to develop-- 7i7 innovative1 commercial1 and dual-use manufacturing technologies and processes to construct1 rehabilitate1 or repair maritime vessels of the ,armed ,forces or the merchant marine of the ,united ,states2 7ii7 additional naval architecture programs at institutions of higher education in the ,united ,states and to expand existing naval architecture programs2 7iii7 next-generation propulsion technologies for the merchant marine of the ,united ,states1 to include small modular reactors1 low-emission or carbon capture propulsion technologies1 and other renewable energy solutions2 7iv7 new and innovative hardware1 software1 and systems for remote or autonomous operations at ports1 intermodal facilities1 or aboard oceangoing vessels2 7v7 technology and infrastructure solutions that enhance the safe operation of oceangoing vessels to protect lives1 property1 and the environment2 7vi7 solutions to recruit1 train1 and retain a skilled workforce capable of supporting a vibrant and growing ,united ,states maritime industry2 and 7vii7 the capacity of international allies and partners of the ,united ,states1 with respect to manufacturing technologies and processes1 to construct1 rehabilitate1 or repair maritime vessels4 7,l7 ,work with academic and private sector response training centers and ,centers of ,excellence for ,domestic ,maritime ,workforce ,training and ,education to develop maritime strategies and workforce development plans applicable to various segments of the ,united ,states maritime industry1 including the inland1 deep water1 and coastal fleets4 7,m7 ,establish programs and initiatives to share-- 7i7 shipbuilding best practices and maritime technology between vessels of the ,department of ,defense and commercial vessels of the ,united ,states2 and 7ii7 port technology and logistics best practices between the ,department of ,defense and commercial port operators and port authorities within the ,united ,states4 7,n7 ,carry out such other activities as the ,maritime ,security ,board determines appropriate4 7#f7 ,establishment of maritime incubators 7,a7 ,establishment ,the ,center shall1 in consultation with the ,maritime ,security ,board1 seek out1 identify1 and support the development of and experimentation with commercial technologies that have the potential to be implemented within the maritime industry1 through the establishment of a series of maritime incubators4 7,b7 ,reflection ,each incubator shall reflect the unique nature of the region's capabilities and academic and investor base4 7,c7 ,selection ,incubators shall be-- 7i7 selected through a competitive process of eligible entities1 and if a private entity1 a domestic entity2 7ii7 based in the ,united ,states with technical expertise in emerging marine technologies and practices related to the maritime transportation system2 7iii7 based within a ,united ,states maritime security investment zone as defined in section #adjj,z-#c of the ,internal ,revenue ,code of #aihf 7as added by section #gjh of this ,act72 and 7iv7 topic-specific1 according to regional maritime expertise in ,united ,states emerging maritime technologies and practices1 to include designated incubators focused on-- 7,i7 clean energy1 carbon capture1 and alternative fuels2 7,,ii7 ports and shoreside infrastructure2 7,,iii7 vessel design and naval architecture2 7,,iv7 shipbuilding and next generation manufacturing2 7,v7 advanced materials for ship construction2 and 7,,vi7 other areas for maritime innovation and technology1 as determined by the ,center in coordination with the ,maritime ,security ,board4 7,d7 ,incubator ,responsibilities ,each maritime incubator shall-- 7i7 serve as the principal liaison between the ,center and individuals and entities that can contribute to innovation within the maritime industry1 including other maritime incubators under this subsection1 entrepreneurs1 startups1 commercial technology companies1 and venture capital sources2 and 7ii7 establish and support multi-stakeholder research and innovation partnerships1 as described in subparagraph 7,g74 7,e7 ,report ,each incubator shall submit quarterly activity and status reports to the ,center4 7,f7 ,review and termination 7i7 ,in general ,the ,maritime ,administrator may1 in consultation with the ,maritime ,security ,board1 terminate an agreement with an eligible entity selected to lead a maritime incubator if the ,administrator certifies that the eligible entity is failing to meet the requirements of this section4 7ii7 ,reselection ,if the ,administrator terminates an agreement with an eligible entity to lead a maritime incubator1 the ,center shall initiate a new selection process as required under subparagraph 7,c7 to select a new eligible entity4 7iii7 ,review of ,eligible ,entities ,not later than #e years after the establishment of maritime incubators under this paragraph1 and every #e years thereafter1 the ,administrator1 in coordination with the ,maritime ,security ,board1 shall conduct a review of all eligible entities selected to lead a maritime incubator and confirm the entity is adequately fulfilling the requirements of this section4 7,g7 ,multi-stakeholder partnerships 7i7 ,in general ,the maritime incubators established under this subsection shall establish and support multi-stakeholder research and innovation partnerships that-- 7,i7 have the potential to generate technologies1 processes1 products1 or other solutions that support the ,united ,states maritime industry2 7,,ii7 have as an objective the technology transfer or commercialization of the work product generated by the partnership1 which may include work product that incorporates intellectual property developed by the ,federal ,government and licensed to the partnership in accordance with clause 7iii72 and 7,,iii7 incentivize and expand geographically diverse participation in graduate and undergraduate institutions of higher education1 community college1 and other workforce programs relevant to the maritime industry4 7ii7 ,support provided ,support provided by the maritime incubator to a multi-stakeholder research and innovation partnership under this subsection may include-- 7,i7 providing funding or other resources to the partnership2 7,,ii7 participating in the partnership2 7,,iii7 providing technical and technological advice and guidance to the partnership2 7,,iv7 suggesting and introducing other participants for inclusion in the partnership2 7,v7 providing the partnership with insight into desired solutions for defense and security needs2 7,,vi7 providing access to ,ready ,reserve ships for testing new technologies and conducting research1 as the maritime incubator determines appropriate1 in coordination with the ,center and the ,administrator2 and 7,,vii7 such other forms of support as the ,center1 in consultation with maritime incubators and ,maritime ,security ,board1 determines appropriate4 7iii7 ,availability of intellectual property ,to the extent the ,center determines appropriate1 the ,center1 in coordination with the maritime incubators1 shall seek to actively inform potential participants in multi-stakeholder research and innovation partnerships of the availability of intellectual property developed by the ,federal ,government that may be licensed to the partnership4 7#g7 ,report ,not later than #ahj days after the date of enactment of the ,,ships for ,america ,act of #bjbe1 and annually thereafter1 the ,center shall submit to the ,maritime ,security ,board and the appropriate congressional committees a report on the activities1 advances1 outcomes1 and work product of the maritime incubators and the multi-stakeholder research and innovation partnerships supported under this subsection4 7#h7 ,authorization of appropriations ,in addition to the funding contributed under subsection 7a77#d71 there is authorized to be appropriated1 out of the ,maritime ,security ,trust ,fund established under section #ejcja7;b7 of this title1 #ej1jjj1jjj for each of fiscal years #bjbf through #bjce4 7#i7 ,definitions ,in this subsection3 7,a7 ,multi-stakeholder research and innovation partnership ,the term multi-stakeholder research and innovation partnership means a partnership composed of any combination of #b or more of the following3 7i7 ,institutions of higher education 7as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb77 with research and innovation capability4 7ii7 ,nonprofit organizations that provide policy1 research1 outreach1 operations1 organizational1 management1 testing1 evaluation1 technology transfer1 legal1 financial1 or advocacy expertise4 7iii7 ,for-profit commercial enterprises that may be publicly or privately owned1 early stage or mature1 and incorporated or operating by another ownership structure4 7iv7 ,centers of excellence for domestic maritime workforce training and education 7established under section #eagjf74 7v7 ,maritime labor organizations4 7vi7 ,departments or agencies of the ,federal ,government with expertise1 operations1 or resources related to the objectives of the multi-stakeholder research and innovation partnership4 7vii7 ,state maritime academies 7as defined in section #eaajb7d774 7viii7 ,the ,united ,states ,merchant ,marine ,academy4 7ix7 ,national research laboratories with expertise1 operations1 or resources related to the objectives of the partnership4 7x7 ,operators and users of vessels of the ,university-,national ,oceanographic ,laboratory ,system4 7,b7 ,nontraditional capability ,the term nontraditional capability means a solution to an operational challenge that can significantly leverage commercial innovation or external capital with minimal dependencies on fielded systems4 7,c7 ,maritime industry ,the term maritime industry includes-- 7i7 shipbuilders and ship repair facilities2 7ii7 ship owners2 7iii7 port operators2 7iv7 personnel of the merchant marine of the ,united ,states2 7v7 manufacturers of equipment1 software1 and technology instrumental to the facilitation of maritime trade and commerce2 and 7vi7 other members of the industrial base that support the ,navy or the merchant marine of the ,united ,states4 4 7b7 ,transition ,a ,center for ,maritime ,innovation established by the ,secretary of ,transportation through a cooperative agreement pursuant to section #ejcjg of title #df1 ,united ,states ,code1 as of the day before the date of enactment of this ,act shall-- 7#a7 be deemed to be the ,united ,states ,center for ,maritime ,innovation under section #ejcjg of title #df1 ,united ,states ,code1 as of the date of enactment of this ,act1 with all the authorities granted by such section2 and 7#b7 coordinate activities of the ,center with the ,maritime ,security ,board pursuant to subsection 7e77#d7 of such section1 as amended by this ,act4 #ebb4 ,national ,shipbuilding ,research ,program ,section #ejaje7;c7 of title #df1 ,united ,states ,code1 is amended to read as follows3 7c7 ,national ,shipbuilding ,research ,program 7#a7 ,in ,general ,the ,maritime ,administrator shall establish and carry out1 in coordination with the ,secretary of the ,navy1 the ,national ,shipbuilding ,research ,program4 7#b7 ,purposes ,the purpose of the ,national ,shipbuilding ,research ,program shall be to develop plans for the economical construction of vessels and their propelling machinery1 of most modern economical types1 giving thorough consideration to all well-recognized means of propulsion and taking into account the benefits from standardized production where practicable and desirable4 7#c7 ,activities ,the ,national ,shipbuilding ,research ,program shall-- 7,a7 support technology transfers and industry networking2 7,b7 select and execute research and development projects1 which may include-- 7i7 advancing best practices in shipbuilding and ship repair1 including alternative project management and project financing arrangements for shipyards1 such as public-private financing2 7ii7 improving efficiency across the shipyard industrial base of the ,united ,states2 and 7iii7 developing1 maturing1 and implementing industry-relevant shipbuilding and sustainment technologies2 7,c7 carry out ad hoc initiatives focused on specific target areas in shipbuilding and ship repair2 and 7,d7 carry out additional activities as determined by the ,maritime ,administrator or the ,secretary of ,defense4 4 #ebc4 ,assessment on maritime infrastructure readiness 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,maritime ,administrator shall submit to ,congress a report on the status and resources and authorities needed to execute and complete necessary vessels1 harborcraft1 port1 shipyard1 and other infrastructure improvements to ensure the national security interests of the ,united ,states and support the domestic and foreign commerce of the ,united ,states4 7b7 ,contents ,the report under subsection 7a7 shall include-- 7#a7 consideration of existing literature and reporting from ,federal and non-,federal sources2 7#b7 an assessment of the number of commercial shipping vessels by class required to sustain a peace-time and wartime national economy2 7#c7 an assessment of opportunities to leverage private sector funding to enhance the capability of marine infrastructure of the ,united ,states2 7#d7 an evaluation of future infrastructure needs to support alternative fuels for vessels and harborcraft2 7#e7 an assessment of an ability to construct and repair seaports and shipyards during national security emergencies1 including readiness to construct temporary facilities1 and carry out marine salvage and firefighting operations2 and 7#f7 an evaluation of the possible effects on the commercial operations of ,united ,states ports and other critical infrastructure of prohibiting any entity that owns or operates a port or terminal in the ,united ,states from using or sharing data with-- 7,a7 ,,logink2 7,b7 any logistics platform controlled by1 affiliated with1 or subject to the jurisdiction of the ,chinese ,communist ,party or the ,government of the ,people's ,republic of ,china2 or 7,c7 any logistics platform that shares data with a system described in subparagraph 7,a7 or 7,b74 7c7 ,definitions 7#a7 ,critical infrastructure ,the term critical infrastructure has the meaning given the term in section #gba7;a7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe7;a774 7#b7 ,,logink ,the term ,,logink means the public1 open1 shared logistics information network known as the ,national ,public ,information ,platform for ,transportation and ,logistics by the ,ministry of ,transport of the ,people's ,republic of ,china4 ,,vi ,workforce ,development ,a ,workforce incentives #fja4 ,public service loan forgiveness for ,merchant ,marines ,section #dee7m7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhg;e7m77 is amended-- 7#a7 in paragraph 7#c77;,b77i71 by inserting the ,united ,states ,merchant ,marine 7as described in paragraph 7#e771 a ,united ,states shipyard1 after law enforcement12 and 7#b7 by adding at the end the following3 7#e7 ,full-time job in ,united ,states ,merchant ,marine ,for purposes of loan cancellation under this subsection1 a full-time job in the ,united ,states ,merchant ,marine shall mean possession of a ,merchant ,mariner ,credential authorized by the ,coast ,guard and employment on board a vessel of the ,united ,states for not less than #aej days in a calendar year4 4 #fjb4 ,eligibility for educational assistance 7a7 ,in ,general ,chapter #eba of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #ebajb4 ,eligibility for educational assistance 7a7 ,eligibility ,a covered individual shall be treated as an individual described in section #ccaa7;b77#a7 of title #ch1 ,united ,states ,code1 for purposes of entitlement to educational assistance under chapter #cc of such title4 7b7 ,covered individual 7#a7 ,in ,general ,in this section1 the term covered individual means an individual who-- 7,a7 served as a full-time1 credentialed ,united ,states ,merchant ,mariner for not less than #aj years2 7,b7 as a result of such service received the ,merchant ,marine ,expeditionary ,medal or another award for service in a designated combat zone after the date of enactment of this section2 and 7,c7 is not eligible under any other provision of law for benefits under laws administered by the ,secretary of ,veterans ,affairs4 7#b7 ,full-time1 credentialed ,united ,states ,merchant ,mariner ,for purposes of paragraph 7#a71 serving as a full-time1 credentialed ,united ,states ,merchant ,mariner means possession of a ,merchant ,mariner ,credential authorized by the ,coast ,guard and employment on board a vessel of the ,united ,states for not less than #aej days in a calendar year4 7c7 ,reimbursement ,there is authorized to be appropriated to the ,secretary of ,veterans ,affairs such sums as may be necessary to carry out this section from the ,maritime ,security ,trust ,fund established under section #ejcja7;b7 of this title4 4 7b7 ,clerical amendment ,the table of sections for chapter #eba of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #ebajb4 ,eligibility for educational assistance4 4 #fjc4 ,eligibility of mariners to attend ,naval ,postgraduate ,school 7a7 ,in general ,section #hede of title #aj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by adding at the end the following new paragraph3 7#c7 ,the ,secretary may permit an officer or unlicensed mariner of the ,united ,states ,merchant ,marine to receive instruction at the ,naval ,postgraduate ,school4 2 7#b7 in subsection 7b77#a71 by adding at the end the following new sentence3 ,the ,secretary of ,transportation shall bear the cost of the instruction received by officers and unlicensed mariners of the ,united ,states ,merchant ,marine detailed for that instruction42 and 7#c7 in subsection 7c71 by inserting 1 and officers and unlicensed mariners of the ,united ,states ,merchant ,marine1 after ,coast ,guard4 7b7 ,report required ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation1 in consultation with the ,secretary of ,defense1 shall submit to ,congress a report assessing what matters relating to military training it would be beneficial for mariners to study at the ,naval ,postgraduate ,school4 #fjd4 ,reimbursement of qualifying spouse relicensing costs and business costs 7a7 ,in ,general ,chapter #eba of title #df1 ,united ,states ,code1 as amended by section #fjb1 is further amended by adding at the end the following3 #ebajc4 ,reimbursement of qualifying spouse relicensing costs and business costs 7a7 ,in ,general ,the ,secretary of ,transportation shall establish a program to reimburse an individual serving in the merchant marine of the ,united ,states for qualified relicensing costs and qualified business costs of the spouse of that individual when the individual relocates to a new jurisdiction or geographic area as the result of a reassignment as a result of service as a commissioned officer in the ,navy ,reserve 7including the ,strategic ,sealift ,officer ,program1 ,navy ,reserve71 the ,coast ,guard ,reserve1 or any other reserve component of the ,armed ,services of the ,united ,states4 7b7 ,limitations 7#a7 ,relicensing ,reimbursement provided to a member under this subsection for qualified relicensing costs may not exceed #a1jjj in connection with each relocation described in paragraph 7#a74 7#b7 ,business costs ,reimbursement provided to a member under this subsection for qualified business costs may not exceed #a1jjj in connection with each relocation described in paragraph 7#a74 7#c7 ,deadline ,no reimbursement may be provided under this subsection for qualified relicensing costs or qualified business costs paid or incurred after ,december #ca1 #bjce4 7c7 ,qualified relicensing costs ,in this section1 the term qualified relicensing costs means costs1 including exam1 continuing education courses1 business license1 permit1 and registration fees1 incurred by the spouse of an individual serving in the merchant marine of the ,united ,states if-- 7#a7 the spouse was licensed or certified in a profession1 or owned a business1 during the individual's previous assignment and requires a new professional license or certification1 or business license or permit1 to engage in that profession in a new jurisdiction because of the individual's relocation described in paragraph 7#a72 and 7#b7 the costs were incurred or paid to secure or maintain the professional license or certification1 or business license or permit1 from the new jurisdiction in connection with such relocation4 7d7 ,qualified business costs ,in this section1 the term qualified business costs means costs1 including moving services for equipment1 equipment removal1 new equipment purchases1 information technology expenses1 and inspection fees1 incurred by the spouse of an individual serving in the merchant marine of the ,united ,states if-- 7#a7 the spouse owned a business during the individual's previous assignment and the costs result from the individual's relocation described in paragraph 7#a72 and 7#b7 the costs were incurred or paid to move such business to a new location in connection with such relocation4 7e7 ,authorization of ,appropriations ,there is authorized to be appropriated out of the ,maritime ,security ,trust ,fund1 established under section #ejcja7;b7 of this title1 to carry out this section1 #ejj1jjj for each of fiscal years #bjbf through #bjce4 4 7b7 ,clerical amendment ,the table of sections for chapter #eba of title #df1 ,united ,states ,code1 as amended by section #fjb1 is further amended by adding at the end the following3 #ebajc4 ,reimbursement of qualifying spouse relicensing costs and business costs4 4 #fje4 ,noncompetitive eligibility for ,federal employment 7a7 ,amendment ,chapter #eba of title #df1 ,united ,states ,code1 as amended by sections #fjb and #fjd1 is amended by adding at the end the following3 #ebajd4 ,noncompetitive eligibility for ,federal employment 7a7 ,definition of agency ,in this section1 the term agency-- 7#a7 has the meaning given the term ,executive agency in section #aje of title #e1 ,united ,states ,code2 7#b7 includes the ,united ,states ,postal ,service and the ,postal ,regulatory ,commission2 and 7#c7 does not include the ,government ,accountability ,office4 7b7 ,appointment authority ,the head of an agency may appoint noncompetitively-- 7#a7 a graduate of the ,united ,states ,merchant ,marine ,academy who has met all of the requirements of their cadet commitment agreement under section #eacjf of title #df1 ,united ,states ,code2 or 7#b7 a credentialed ,united ,states ,merchant ,mariner with an officer or rating endorsement who has completed not less than #g years of service aboard a vessel of the ,united ,states4 4 7b7 ,clerical amendment ,the table of sections for chapter #eba of title #df1 ,united ,states ,code1 as amended by sections #fjb and #fjd1 is amended by adding at the end the following3 #ebajd4 ,noncompetitive eligibility for ,federal employment4 4 #fjf4 ,united ,states ,merchant ,marine ,career ,retention ,program 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 it takes years of training and experience1 and costly license trainings1 to earn mariner qualifications2 7#b7 with just around #ab1jjj merchant mariners of the ,united ,states operating oceangoing vessels1 compared with ,china's more than #a1gjj1jjj seafarers1 the ,united ,states may not have a sufficient number of mariners to fully power the strategic sealift vessels necessary in a future prolonged conflict2 7#c7 the ,united ,states requires a qualified workforce of sufficient size that is ready and available to crew vessels of the ,united ,states for national defense or national emergency2 and 7#d7 a workforce committed to take all measures possible to expand1 develop1 and protect the domestic maritime workforce should-- 7,a7 support a retention program to permit credentialed merchant mariners to maintain recency through a coordinated ,federal program1 in coordination with maritime labor organizations2 and 7,b7 implement civil service1 workplace1 and hiring protections4 7b7 ,amendment ,chapter #eba of title #df1 ,united ,states ,code1 as amended by sections #fjb1 #fjd1 and #fje1 is further amended by adding at the end the following3 #ebaje4 ,united ,states ,merchant ,marine ,career ,retention ,program 7a7 ,establishment ,the ,maritime ,administrator shall establish a program1 to be known as the ,united ,states ,merchant ,marine ,career ,retention ,program1 to ensure that a qualified workforce of sufficient size is ready to crew strategic sealift vessels in the event of a national defense or national emergency activation4 ,through the ,united ,states ,merchant ,marine ,career ,retention ,program1 the ,maritime ,administrator shall establish and administer mechanisms to register merchant mariners and mariner employers to participate in the ,program4 7b7 ,implementation ,the ,maritime ,administrator shall-- 7#a7 appoint a board of directors to oversee the ,united ,states ,merchant ,marine ,career ,retention ,program2 7#b7 appoint and facilitate a working group to recommend policies1 procedures1 and a prioritization matrix for the ,united ,states ,merchant ,marine ,career ,retention ,program1 which shall be composed of representatives from major stakeholders1 including maritime labor organizations1 credentialed ,united ,states ,merchant ,mariners1 vessel owners1 vessel operators1 the ,united ,states ,merchant ,marine ,academy1 ,state maritime academies1 ,united ,states ,military ,sealift ,command1 and other likely employers of members of the ,united ,states ,merchant ,marine ,career ,retention ,program2 and 7#c7 submit to ,congress an annual evaluation of the ,united ,states ,merchant ,marine ,career ,retention ,program4 7c7 ,membership in ,united ,states ,merchant ,marine ,career ,retention ,program 7#a7 ,in general ,there shall be #b paths to enrollment in the ,united ,states ,merchant ,marine ,career ,retention ,program as described in paragraphs 7#b7 and 7#c74 7#b7 ,members who work ashore who hold mariner qualifications 7,a7 ,opportunities ,the ,united ,states ,merchant ,marine ,career ,retention ,program shall provide individuals who hold ,coast ,guard issued mariner qualifications who work ashore with an opportunity to maintain1 or potentially upgrade1 their mariner qualifications and credentials by-- 7i7 providing qualified service at sea on vessels of the ,united ,states2 and 7ii7 participating in compulsory training4 7,b7 ,structure ,the ,united ,states ,merchant ,marine ,career ,retention ,program shall be open for enrollment to both licensed and unlicensed mariners and provide members with an #h-c-a schedule as follows3 7i7 #h months shoreside employment4 7ii7 #c months sailing employment designed to ensure that members meet the minimum sea-time requirement to maintain the credentials required by the ,standards of ,training1 ,certification1 and ,watchkeeping certification1 or1 depending on mariner and employer requirements1 more frequent1 but shorter-duration sailing assignments4 7iii7 #a month vacation1 which is in addition to vacation provided by the shoreside employer4 7,c7 ,ashore employers 7i7 ,employer obligations ,the employer of a member of the ,united ,states ,merchant ,marine ,career ,retention ,program described under this paragraph shall grant the member-- 7,i7 an unpaid leave of absence for the duration of the member's training1 sailing1 and vacation with the ,united ,states ,merchant ,marine ,career ,retention ,program2 and 7,,ii7 the same or an equivalent position with the employer when the member returns from training1 sailing1 or vacation with the ,united ,states ,merchant ,marine ,career ,retention ,program4 7,d7 ,sea day assignments ,the ,united ,states ,merchant ,marine ,career ,retention ,program shall1 with respect to members described under this paragraph-- 7i7 maintain records of each member's qualifications1 sea time1 and availability1 and prioritize assignments on these and other factors with the goal of maximizing the ,united ,states ,merchant ,marine ,career ,retention ,program readiness to support strategic sealift2 7ii7 maintain a job call program office that coordinates how jobs become available for members from ,state maritime academies1 vessel operating companies1 maritime labor organizations1 ,united ,states ,military ,sealift ,command1 and other organizations responsible for crewing vessels of the ,united ,states of qualifying tonnage or horsepower2 7iii7 establish partnerships with ,state maritime academies and the ,united ,states ,military ,sealift ,command that aim to establish reliable crewing jobs with job cycles that maximize the readiness of ,united ,states ,merchant ,marine ,career ,retention ,program2 7iv7 dispatch members to fill available jobs1 prioritizing maximizing readiness for strategic sealift1 taking into consideration mariner availability and credentials1 sea time requirements to maintain merchant mariner credentials1 predicted program demand for specific ratings1 and expected expansion or contraction of the program's membership2 and 7v7 coordinate with vessel operators and labor organizations to ensure that members in the ,united ,states ,merchant ,marine ,career ,retention ,program are given opportunities to fulfill their sea time and maintain the credentials required by the ,standards of ,training1 ,certification1 and1 ,watchkeeping certification4 7,e7 ,,userra protections ,members of the ,united ,states ,merchant ,marine ,career ,retention ,program described under this paragraph shall be entitled to protections and obligations under chapter #dc of title #ch 7commonly known as the ,uniformed ,services ,employment and ,reemployment ,rights ,act74 7,f7 ,requirement ,a member in the ,united ,states ,merchant ,marine ,career ,retention ,program described under this paragraph may not fail to accept a sea day assignment and remain in good standing with the ,program1 unless a hardship exemption is provided by the ,maritime ,administrator under subsection 7e74 7#c7 ,members serving on foreign vessels 7,a7 ,in general ,the ,united ,states ,merchant ,marine ,career ,retention ,program shall be open for enrollment to individuals who-- 7i7 hold ,coast ,guard issued merchant mariner credentials required by the ,standards of ,training1 ,certification1 and ,watchkeeping ,certification2 7ii7 have completed their service obligations with respect to any previous enrollment in a ,federal or ,state maritime academy1 if applicable2 and 7iii7 are serving on a foreign vessel 7as defined in section #aaj7 that is not owned by a foreign entity of concern 7as that term is defined in section #d of the ,,ships for ,america ,act of #bjbe7 or a vessel registered under a registry of a foreign country of concern or operated under the authority of a foreign country of concern 7as that term is defined in such section #d74 7,b7 ,requirement ,members of the ,united ,states ,merchant ,marine ,career ,retention ,program described under this paragraph shall maintain-- 7i7 ,standards of ,training1 ,certification1 and ,watchkeeping ,certification currency2 7ii7 a valid merchant mariner credential1 unlimited as to horsepower or tonnage1 issued by the ,united ,states ,coast ,guard as an officer in the merchant marine of the ,united ,states1 accompanied by the appropriate national and international endorsements and certifications required by the ,coast ,guard for service aboard vessels on domestic and international voyages1 without limitation2 7iii7 a valid transportation worker identification credential2 7iv7 a ,coast ,guard medical certificate2 and 7v7 classes and certifications described in subparagraph 7,c74 7,c7 ,certifications ,the ,administrator shall publish a list of classes and certifications required for individuals described in subparagraph 7,a7 to be eligible for the ,united ,states ,merchant ,marine ,career ,retention ,program4 7,d7 ,rule of construction ,nothing in subparagraph 7,a7 shall be construed to allow the ,united ,states ,coast ,guard to prevent or delay a merchant mariner who is otherwise eligible from attaining a more advanced rank or credential for ,merchant ,mariners sailing on foreign vessels4 7,e7 ,,userra protections ,members of the ,united ,states ,merchant ,marine ,career ,retention ,program described under this paragraph shall be entitled to protections and obligations under chapter #dc of title #ch 7commonly known as the ,uniformed ,services ,employment and ,reemployment ,rights ,act74 7d7 ,enforcement ,the ,maritime ,administrator shall ensure all members of the ,merchant ,marine ,career ,retention ,program remain in good standing with the requirements of the ,program4 7#a7 ,enforcement ,subject to paragraph 7#b71 members found to be in noncompliance with the requirements of the ,program shall-- 7,a7 have their reservist status terminated2 and 7,b7 forfeit the protections provided under chapter #dc of title #ch 7commonly known as the ,uniformed ,services ,employment and ,reemployment ,rights ,act74 7#b7 ,exception ,in cases where the ,maritime ,administrator determines a hardship exists1 which prevents the mariner from meeting the requirements of the ,program1 the requirements of paragraph 7#a7 shall not apply4 7e7 ,authorization of appropriations ,there is authorized to be appropriated out of the ,maritime ,security ,trust ,fund established under section #ejcja7;b7 of this title1 to carry out this section1 #b1jjj1jjj for each of fiscal years #bjbe through #bjcd4 4 7c7 ,clerical amendment ,the table of sections for chapter #eba of title #df1 ,united ,states ,code1 as amended by sections #fjb1 #fjd1 and #fje1 is amended by adding at the end the following3 #ebaje4 ,united ,states ,merchant ,marine ,career ,retention ,program4 4 ,b ,workforce ,pipeline #faa4 ,maritime workforce promotion and recruitment ,section #eci;,a of the ,servicemember ,quality of ,life ,improvement and ,national ,defense ,authorization ,act for ,fiscal ,year #bjbe 7,public ,law #aah-aei71 is amended-- 7#a7 in subsection 7a71 by striking the heads of such other ,federal agencies as the ,secretary determines appropriate and inserting the ,maritime ,security ,board2 and 7#b7 by amending subsection 7f7 to read as follows3 7f7 ,authorization of appropriations 7#a7 ,fiscal years #bjbe through #bjbh ,there are authorized to be appropriated out of the ,maritime ,security ,trust ,fund1 established under section #ejcja7;b7 of title #df1 ,united ,states ,code1 to the ,secretary of the ,navy1 for each of fiscal years #bjbe through #bjbh1 #ae1jjj1jjj to carry out this section4 7#b7 ,fiscal years #bjbi through #bjcd ,there are authorized to be appropriated out of the ,maritime ,security ,trust ,fund1 established under section #ejcja7;b7 of title #df1 ,united ,states ,code1 to the ,secretary of the ,navy1 for each of fiscal year #bjbi through #bjcd1 #be1jjj1jjj to carry out this section4 4 #fab4 ,centers of ,excellence for ,domestic ,maritime ,workforce ,training and ,education ,section #eagjf of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c77#a77;,b77iii71 by striking nonprofit entity and inserting entity2 and 7#b7 by adding to the end the following3 7d7 ,authorization of ,appropriations ,there is authorized to be appropriated out of the ,maritime ,security ,trust ,fund1 established under section #ejcja7;b7 of this title1 to carry out this section1 #be1jjj1jjj for each of fiscal years #bjbf through #bjce4 4 #fac4 ,maritime ,career and ,technical ,education ,advisory ,committee 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,maritime ,administrator4 7#b7 ,advisory ,committee ,the term ,advisory ,committee means the ,maritime ,career and ,technical ,education ,advisory ,committee established under subsection 7b74 7b7 ,advisory ,committee plan and establishment 7#a7 ,plan ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall develop a plan1 and notify ,congress of such plan1 to establish a ,maritime ,career and ,technical ,education ,advisory ,committee to-- 7,a7 bring representatives of maritime industrial base employers and education providers together to identify joint opportunities to train needed workers for maritime careers2 and 7,b7 develop and disperse best practices and recommendations for the improvement of shipbuilding education and training programs1 naval architecture education programs1 and merchant marine training and certification programs4 7#b7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall establish the ,advisory ,committee4 7c7 ,membership 7#a7 ,administrator ,the ,advisory ,committee shall include the ,administrator 7or a delegate of the ,administrator7 who shall serve as ,chair of the ,advisory ,committee4 7#b7 ,representatives ,the ,advisory ,committee shall be composed of representatives from each of the following1 to be appointed the ,administrator3 7,a7 ,maritime education1 including representatives from-- 7i7 the ,centers of ,excellence for ,domestic ,maritime ,workforce ,training and ,education designated by the ,maritime ,administration1 taking into consideration-- 7,i7 geographic diversity2 7,,ii7 the rate of employment after graduation2 7,,iii7 training or skillset diversity2 and 7,,iv7 other qualities as determined by the ,administrator2 7ii7 the ,united ,states ,naval ,sea ,cadet ,corps2 7iii7 kindergarten through grade #ab maritime education programs designated by the ,maritime ,administration2 7iv7 the oceanographic science community1 including from a ,university-,national ,oceanographic ,laboratory ,system institution2 and 7v7 institutions of higher education4 7,b7 ,the maritime workforce1 including representatives from-- 7i7 skilled workers representing a wide swath of the career and technical maritime industry both onshore and offshore2 7ii7 career and technical education certified instructors2 and 7iii7 maritime labor organizations4 7,c7 ,maritime industry1 including representatives from-- 7i7 shipbuilding1 ship repair1 and shipyard industry stakeholders2 7ii7 maritime industrial base coalitions2 7iii7 shipping industry stakeholders2 and 7iv7 owners and operators of vessels of the ,united ,states4 7,d7 ,technical nonprofit organizations with expertise in the maritime industry1 including representatives from-- 7i7 think tanks2 7ii7 recognized classification societies2 and 7iii7 professional societies4 7,e7 ,the ,federal ,government1 including representatives from-- 7i7 the ,department of ,education2 7ii7 the ,department of ,labor2 7iii7 the ,department of ,transportation2 7iv7 the ,department of the ,navy2 7v7 the ,united ,states ,coast ,guard2 7vi7 the ,national ,oceanic and ,atmospheric ,administration2 7vii7 the ,army ,corps of ,engineers2 and 7viii7 the ,federal ,maritime ,commission4 7,f7 ,any other representatives that the ,maritime ,administrator determines appropriate to appoint4 7d7 ,meetings 7#a7 ,in general ,the ,advisory ,committee shall meet not less often than annually4 7#b7 ,quorum established ,two thirds of all members appointed by the ,administrator under subsection 7c7 shall constitute a quorum for a meeting of the ,advisory ,committee4 7#c7 ,working groups ,the ,advisory ,committee shall include working groups that shall meet not less often than quarterly each year4 7e7 ,,faca ,chapter #aj of title #e1 ,united ,states ,code1 shall apply to the ,advisory ,committee4 7f7 ,development of curricula ,consistent with the purposes of the ,advisory ,committee established in subsection 7b7 and applicable law 7including regulations71 the ,advisory ,committee shall recommend curricula for key skills for maritime professionals and make such curricula publicly available to institutions of higher education1 career and technical education schools1 and ,state maritime academies4 7g7 ,reporting ,the ,advisory ,committee shall submit to the appropriate committees of ,congress and the ,maritime ,security ,board and publish on the website of the ,maritime ,administration1 an annual report that includes best practices and policy recommendations1 as described in subsection 7b74 7h7 ,rule of construction ,nothing in this section shall be construed to create new regulatory authority or supersede existing law 7including regulations7 as of the day before the date of enactment of this ,act1 relating to shipbuilding education and training programs1 naval architecture education programs1 and merchant marine training and certification programs4 #fad4 ,military candidates to ,mariner ,careers ,recruitment ,exchange 7a7 ,duties of ,secretary of ,defense ,the ,secretary of ,defense shall-- 7#a7 encourage and incentivize military recruiters to recommend the ,united ,states ,department of ,transportation ,maritime ,administration to potential recruits who do not qualify for military service in the ,armed ,forces2 and 7#b7 establish a mechanism for military recruiters to introduce recruits described in paragraph 7#a7 who are interested in maritime service to representatives from the ,maritime ,administration1 in accordance with the procedures established under subsection 7b74 7b7 ,duties of the ,maritime ,administrator ,the ,maritime ,administrator shall-- 7#a7 establish a mechanism to receive recruitment referrals from military recruiters2 7#b7 provide hand-off services to connect recruits with educational resources and institutions1 recognized ,maritime ,centers of ,excellence1 eligible maritime industry employers1 and other maritime industry career services1 as appropriate2 7#c7 track the number of referrals from the ,department of ,defense2 and 7#d7 track the number of recruits who enroll in maritime industry programs1 to the extent practicable4 7c7 ,reporting requirement 7#a7 ,briefing on the implementation strategy ,not later than #ij days after the date of enactment of this ,act1 the ,maritime ,administrator1 in coordination with the ,secretary of ,defense1 shall submit a briefing to the appropriate committees of ,congress about a strategy for implementing the activities required under this section1 including-- 7,a7 a timeline for implementation2 and 7,b7 the identification of the ,department of ,defense recruiter incentives and training required for maximum utility in carrying out such activities4 7#b7 ,annual report on program efficacy ,one year after the date of enactment of this ,act1 and annually thereafter1 the ,maritime ,administrator1 in coordination with the ,secretary of ,defense1 shall submit a report to the appropriate committees of ,congress on the efficacy and utility of the activities carried out under this section1 including-- 7,a7 the number of ,department of ,defense referrals to the ,maritime ,administration2 7,b7 the number of ,maritime ,administration hand-offs to the maritime industry2 7,c7 an assessment of the efficacy of the activities carried out under this section2 and 7,d7 challenges and recommendations relating to such activities4 #fae4 ,maritime worker data collection 7a7 ,publication of report ,the ,maritime ,administrator shall publish an biennial report on the state of the merchant mariner workforce4 7b7 ,completion of report ,the ,maritime ,administrator shall complete the biennial report required under subsection 7a7 or enter into a contract with another entity to complete the report4 7c7 ,content of report ,the biennial report required under subsection 7a7 shall include1 at minimum-- 7#a7 a count of ,united ,states ,merchant ,mariners with valid merchant mariner credentials and credentials in continuity endorsement2 7#b7 a count of inactive but credentialed and formerly credentialed ,united ,states ,merchant ,mariners1 to the extent practicable1 and an evaluation of-- 7,a7 the challenges to identifying such individuals2 7,b7 opportunities to partner with ,federal1 ,state1 local1 and non-government entities to identify such individuals2 and 7,c7 an action plan of how to implement the opportunities described under subparagraph 7,b72 7#c7 a count of ,united ,states mariners and foreign workers employed on vessels1 rigs1 platforms1 and other vehicles or structures off the coast of the ,united ,states and an evaluation of the percentage of ,united ,states and foreign workers employed on-- 7,a7 coastwise-endorsed vessels2 and 7,b7 vessels of the ,united ,states which do not have a coastwise endorsement2 7#d7 a listing of actively operating vessels of the ,united ,states2 7#e7 a report of merchant mariner requirements needed in the event of a national defense sealift operation and any gaps identified in quantity and quality1 and other variables of concern1 as determined by the ,administrator2 7#f7 a general outlook for the future of the merchant mariner industry and potential gaps or surpluses of merchant mariners2 7#g7 identification of any concerns in the credentialing of merchant mariners1 which may include general processing issues1 shortage of training providers or instructors1 and barriers to entry due to costs to the economically disadvantaged2 and 7#h7 recommendations1 based on data collected1 on ways to-- 7,a7 improve retention of existing merchant mariners2 7,b7 create expedited pathways for mariners with expired credentials to renew their credentials2 and 7,c7 encourage new merchant mariners to enter the industry4 7d7 ,accessibility of data 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,maritime ,administrator1 and any authorized agent of the ,maritime ,administrator1 shall have full access to available ,coast ,guard mariner credentialing data1 in a manner that ensures the protection of personally identifiable information1 in order to complete the report required under subsection 7a74 7#b7 ,exception ,the ,maritime ,administrator1 and any authorized agent of the ,maritime ,administrator1 may not have access to confidential medical information pursuant to paragraph 7#a74 7e7 ,authorization of appropriations ,there is authorized to be appropriated out of the ,maritime ,security ,trust ,fund1 established under section #ejcja7;b7 of title #df1 ,united ,states ,code1 to carry out this section1 #a1jjj1jjj for each of the fiscal years #bjbf through #bjcj4 #faf4 ,military to maritime transition 7a7 ,recommendations required ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,defense1 in consultation with the ,secretary of the ,navy1 the ,secretary of the ,air ,force1 the ,secretary of the ,army1 the ,secretary of the department in which the ,coast ,guard is operating1 the ,maritime ,security ,board1 the ,department of ,veterans ,affairs1 and the ,department of ,labor1 shall submit a report to the appropriate committees of ,congress containing-- 7#a7 recommendations about how to increase and improve opportunities for transitioning servicemembers to secure employment in the maritime industry at sea and shoreside2 and 7#b7 a plan to implement those recommendations4 7b7 ,considerations ,in carrying out subsection 7a71 the ,secretary of ,defense shall-- 7#a7 identify barriers that servicemembers face when trying to transition to the ,united ,states maritime industry1 including the merchant marines1 shipbuilding1 ship repair1 and shipping2 7#b7 consider opportunities to improve1 expedite1 and alleviate the burdens on servicemembers transitioning to the maritime industry1 including efforts to-- 7,a7 inform transitioning servicemembers of employment opportunities in the ,united ,states maritime industry2 7,b7 assist transitioning servicemembers in determining how their military credentials and experience translate to credentialed civilian employment in the maritime industry2 7,c7 increase the establishment and uptake of accelerated or bridge programs to assist separating members of the ,armed ,forces in translating military credentials and experience into maritime industry credentials and employment2 7,d7 increase the availability and accessibility of preparatory activities under the ,skill,bridge program established under section #aadc7;e7 of title #aj1 ,united ,states ,code1 in the ,united ,states maritime industry2 7,e7 incorporate the maritime industry in the ,transition ,assistance ,program1 as described in chapter #eh of title #aj1 ,united ,states ,code2 and 7,f7 enhance the activities carried out pursuant to the ,military to ,mariners ,act of #bjbb 7section #aaead of division ,k of the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc772 and 7#c7 specifically consider the transition of servicemembers to employment in the shipbuilding and ship repair maritime industries4 #fag4 ,early maritime education and youth involvement 7a7 ,secretary of the ,navy budget request ,in the ,secretary of the ,navy's annual budget submission to ,congress1 the ,secretary of the ,navy shall include1 as a distinct item1 the funding request for the ,united ,states ,naval ,sea ,cadet ,corps4 7b7 ,engagement with elementary school and secondary school students ,the ,maritime ,administrator shall encourage designated ,centers of ,excellence for ,domestic ,maritime ,workforce ,training and ,education to engage with students in kindergarten through grade #ab4 #fah4 ,international scholarship for mariner and naval architecture exchanges 7a7 ,in general ,the ,maritime ,administrator shall establish an international exchange program for mariners1 naval architects1 and marine engineers between the ,united ,states and countries described in subsection 7b74 7b7 ,eligible participants ,in carrying out the program under this section1 the ,administrator shall limit participation to ,united ,states citizens and citizens of-- 7#a7 member countries of ,,nato2 7#b7 treaty allies of the ,united ,states2 and 7#c7 major non-,,nato allies of the ,united ,states4 7c7 ,placements ,in carrying out the program under this section1 the ,administrator shall seek corporate and government partners for placement of eligible participants of the program4 7d7 ,authorization of appropriations ,there is authorized to be appropriated out of the ,maritime ,security ,trust ,fund1 established under section #ejcja7;b7 of title #df1 ,united ,states ,code1 #b1jjj1jjj to carry out this section for each of fiscal years #bjbf through #bjce4 ,c ,united ,states ,merchant ,marine ,academy and ,state maritime academies #fba4 ,authorization of appropriations for ,united ,states ,merchant ,marine ,academy infrastructure and facilities modernization 7a7 ,findings ,congress finds the following3 7#a7 ,the ,united ,states ,merchant ,marine ,academy plays a critical role in training service-obligated licensed merchant mariners to operate commercial vessels1 in peacetime and during times of conflict4 7#b7 ,the ,united ,states ,merchant ,marine ,academy is #a of the #e ,federal service academies and plays a critical role in maintaining a domestic1 commercial maritime industry1 with each graduate having a commitment to serve not less than #h years in the foreign and domestic commerce and the national defense of the ,united ,states1 which may include service on a merchant vessel documented under chapter #aba of title #df1 and graduates make up more than #hj percent of the ,united ,states ,navy's ,strategic ,sealift ,officer ,program4 7#c7 ,the ,united ,states defense readiness and economic security relies on a strong investment in training and cultivating ,united ,states ,merchant ,marine officers at the ,united ,states ,merchant ,marine ,academy4 7#d7 ,most of the facilities at the ,united ,states ,merchant ,marine ,academy date back to the ,academy's founding1 have not been modernized since1 and are not conducive to the immersive training and demanding coursework today's ,midshipmen are required to complete4 7#e7 ,rehabilitating and modernizing the campus infrastructure at the ,united ,states ,merchant ,marine ,academy is necessary to ensuring current and future generations of ,midshipmen receive a first-class education4 7b7 ,sense of the ,senate ,it is the sense of the ,senate-- 7#a7 to ensure that the ,united ,states continues to have a sufficient number of service-obligated licensed merchant mariners to meet current and future economic and national security needs1 the ,maritime ,administration and the ,department of ,transportation have a responsibility to provide suitable academic1 training1 and dormitory facilities at the ,united ,states ,merchant ,marine ,academy by rapidly implementing a comprehensive plan for campus-wide modernization in accordance with section #eacbi of title #df1 ,united ,states ,code1 7referred to in this section as the ,campus ,modernization ,plan7 and providing sufficient accountability and oversight to ensure that milestones in such plan are met2 7#b7 in developing the comprehensive ,campus ,modernization ,plan for the ,united ,states ,merchant ,marine ,academy1 the ,maritime ,administration1 and the ,department of ,transportation should utilize1 to the maximum extent practicable1 the ,merchant ,marine ,academy ,full ,speed ,ahead ,plan developed by the ,maritime ,security ,infrastructure ,council as summarized in the ,congressional ,record1 dated ,february #bh1 #bjbd2 7#c7 given the conditions of the ,united ,states ,merchant ,marine ,academy as of the date of enactment of this section1 a comprehensive1 campus-wide modernization is needed to significantly upgrade or replace facilities throughout the campus2 and 7#d7 the ,maritime ,administration and the ,department of ,transportation should identify opportunities to utilize design-build contracts to increase delivery times and reduce costs4 7c7 ,campus ,modernization ,plan ,chapter #eac of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #eacbi4 #aj-year ,campus ,modernization ,plan 7a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall develop and begin to implement a comprehensive ,campus ,modernization ,plan 7referred to in this section as the ,campus ,modernization ,plan71 informed by the ,united ,states ,merchant ,marine ,academy ,full ,speed ,ahead ,plan developed by the ,maritime ,security ,infrastructure ,council as summarized in the ,congressional ,record1 dated ,february #bh1 #bjbd1 to carry out a campus-wide modernization at the ,united ,states ,merchant ,marine ,academy4 7b7 ,objectives ,in carrying out the ,campus ,modernization ,plan authorized under subsection 7a71 the ,administrator shall prioritize the following objectives3 7#a7 ,promoting modern education best practices by constructing learning facilities that leverage state-of-the art technologies and learning best practices4 7#b7 ,providing ,midshipmen with access to facilities needed to pass the ,united ,states ,coast ,guard ,license ,exam for ,third ,mate or ,third ,assistant ,engineer ,unlimited4 7#c7 ,ensuring ,midshipmen have access to facilities sufficient to enable ,midshipmen to maintain physical readiness standards required of ,united ,states ,navy officers4 7#d7 ,developing campus infrastructure to ensure the ,academy attracts a diverse pool of applicants4 7#e7 ,providing facilities that enable industry engagement and continuing education opportunities4 7#f7 ,maintaining a safe and secure campus environment for all ,midshipmen1 which shall include any facilities or infrastructure needed to meet the requirements of sections #eacbf1 #eacbg1 or #eacbh of this title4 7#g7 ,implementing1 to the extent practicable1 the facilities and infrastructure recommendations in chapter #d of the report titled ,organizational ,assessment of the ,united ,states ,merchant ,marine ,academy3 ,a ,path ,forward issued by the ,national ,academy of ,public ,administration in ,november #bjba4 7c7 ,inclusions ,in meeting the objectives of subsection 7b71 the ,campus ,modernization ,plan authorized under subsection 7a7 shall include-- 7#a7 construction of new facilities or significant renovation of existing facilities to provide-- 7,a7 ,standards of ,training1 ,certification1 and ,watchkeeping applications laboratories2 7,b7 a ,safety ,of ,life ,at ,sea training pool2 7,c7 engineering powerplant laboratories2 7,d7 athletic facilities that meet the needs of both male and female students2 7,e7 enhanced waterfront facilities1 to include a new pier2 7,f7 a visitor welcome center and main campus security office building2 7,g7 housing facilities for senior staff and faculty2 and 7,h7 sufficient parking facilities for faculty1 staff1 and campus visitors2 7#b7 upgrades to all classrooms and laboratories with modern information technology infrastructure2 7#c7 a campus-wide upgrade and retrofit of-- 7,a7 the electric distribution power grid2 7,b7 the sanitary sewer system piping2 7,c7 the storm drainage system2 and 7,d7 the drinking water system1 including development of a separate and redundant fire suppression system2 and 7#d7 renovations of existing campus facilities to ensure all campus facilities-- 7,a7 are structurally sound2 7,b7 have reliable heating and air conditioning systems2 7,c7 have functioning plumbing and electrical systems2 7,d7 are protected from the elements1 including through roof replacements and window repairs or replacements1 as needed2 7,e7 are accessible in accordance with the ,americans with ,disabilities ,act of #aiij2 and 7,f7 have working fire alarm and fire suppression systems4 7d7 ,requirements ,for the duration of the ,campus ,modernization ,plan authorized under subsection 7a71 the ,administrator shall ensure that the ,academy remains fully operational4 7e7 ,use of a ,federal construction agent ,consistent with the requirements of section #ceae7;d77#c7 of the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc71 the ,administrator shall seek to enter into an agreement with a ,federal construction agent to carry out the ,campus ,modernization ,plan authorized under subsection 7a74 7f7 ,authorization of appropriations ,there are authorized to be appropriated to the ,department of ,transportation1 out of the ,maritime ,security ,trust ,fund established under section #ejcja7;b7 of this title1 for fiscal years #bjbf through #bjce1 for the phased rehabilitation1 modernization1 and construction of facilities and infrastructure at the ,united ,states ,merchant ,marine ,academy1 in accordance with this section1 including the ,campus ,modernization ,plan authorized in subsection 7a71 #a1jbj1jjj1jjj of which-- 7#a7 #ed1jjj1jjj is authorized to be appropriated for fiscal year #bjbf for design and planning purposes1 which shall be used for the development of a design-build plan for the phased rehabilitation1 modernization1 and construction of facilities and infrastructure at the ,united ,states ,merchant ,marine ,academy in accordance with the ,campus ,modernization ,plan2 and 7#b7 for fiscal years #bjbg through #bjce1 #ajg1ccc1ccc is authorized to be appropriated for each year for construction and contingency purchases necessary to execute the ,campus ,modernization ,plan4 4 7d7 ,clerical amendment ,the table of sections for chapter #eac of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #eacbi4 #aj-,year ,campus ,modernization ,plan4 4 #fbb4 ,united ,states ,merchant ,marine ,academy 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,united ,states ,merchant ,marine ,academy1 one of our ,nation's #e ,federal service academies1 is vital to our national security1 and modernizing the ,academy's aging infrastructure and investing in faculty and students must be congressional priorities2 7#b7 sufficient funding must be provided to enable the maximum student enrollment that the campus infrastructure of the ,united ,states ,merchant ,marine ,academy can support2 and 7#c7 considering the ,academy's role as a co-equal military service academy1 the ,united ,states ,merchant ,marine ,academy should be included in the rotation of presidential attendance at graduations4 7b7 ,authorization of appropriations ,section #eacja of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,department of ,transportation out of the ,maritime ,security ,trust ,fund established under section #ejcja7;b7 of this title1 #abe1jjj1jjj for each of fiscal years #bjbf through #bjce for ,academy operations4 4 7c7 ,report on enrollment ,not later than #ahj days after the date of enactment of this ,act1 the ,maritime ,administrator shall submit a report to the appropriate committees of ,congress identifying the additional resources needed to increase enrollment at the ,united ,states ,merchant ,marine ,academy4 #fbc4 ,retirement service credit for service as a midshipman at the ,united ,states ,merchant ,marine ,academy 7a7 ,civil service retirement system ,section #hcca7ac7 of title #e1 ,united ,states ,code1 is amended1 in the flush text following subparagraph 7,c71 by inserting or the ,united ,states ,merchant ,marine ,academy after ,naval ,academy4 7b7 ,federal employees' retirement system ,section #hdja7ca7 of title #e1 ,united ,states ,code1 is amended1 in the flush text following subparagraph 7,c71 by inserting or the ,united ,states ,merchant ,marine ,academy after ,naval ,academy4 7c7 ,applicability ,the amendments made by this section shall apply to-- 7#a7 any annuity1 the eligibility for which is based on a separation occurring before1 on1 or after the date of enactment of this ,act2 and 7#b7 any period of service as a midshipman at the ,united ,states ,merchant ,marine ,academy occurring before1 on1 or after the date of enactment of this ,act4 #fbd4 ,state maritime academies 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,maritime ,administrator shall submit a report to ,congress containing the results of a study to evaluate the additional resources needed to allow ,state maritime academies to increase enrollment and produce additional mariners4 7b7 ,need for additional ,state maritime academies ,such study shall consider whether there is a need for additional ,state maritime academies in ,states that do not operate a maritime academy4 7c7 ,authorization of appropriations ,section #eaeja of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,authorization of appropriations ,there is authorized to be appropriated out of the ,maritime ,security ,trust ,fund established under section #ejcja7;b7 of this title1 #aj1jjj1jjj for assistance to ,state maritime academies under subsection 7a7 for each of fiscal years #bjbf through #bjce4 4 #fbe4 ,enforcement of service obligation requirements 7a7 ,in general ,the ,maritime ,administrator shall ensure that-- 7#a7 each citizen who is appointed as a cadet at the ,united ,states ,merchant ,marine ,academy and signs a cadet commitment agreement under section #eacjf of title #df1 ,united ,states ,code1 meets the service obligation requirements of that agreement2 and 7#b7 each individual that signs a student incentive payment agreement under section #eaeji of title #df1 ,united ,states ,code1 meets the service obligation requirements under that agreement4 7b7 ,reporting requirement ,the ,maritime ,administrator shall establish an electronic system through which each individual with a service obligation under such section #eacjf or #eaeji 7referred to in this section as a service-obligated mariner7 shall annually demonstrate that they are meeting their service obligation or have a valid deferment consistent with section #eacaj of title #df1 ,united ,states ,code1 or section #eaeaj of title #df1 ,united ,states ,code1 as applicable4 7c7 ,notification of violation ,the ,maritime ,administrator shall transmit a written notice to each service-obligated mariner who fails to meet the reporting requirement of subsection 7b71 notifying such individual of the applicable penalties established under section #eacjf of title #df1 ,united ,states ,code1 or section #eaeji of title #df1 ,united ,states ,code1 for failure to carry out the applicable service requirements1 including cost recovery4 7d7 ,report to ,congress ,not later than #ahj days after the date of enactment of this section1 and annually thereafter1 the ,maritime ,administrator shall submit to the appropriate committees of ,congress a report on the status of all service-obligated mariners1 which shall include-- 7#a7 information about how each service-obligated mariner is meeting their service obligation requirement1 which shall be based on the results of the data collected under subsection 7b72 7#b7 the number of service-obligated mariners who have not met their service obligation and have not complied with the reporting requirement under subsection 7b72 and 7#c7 the number of actions taken by the ,maritime ,administrator under sections #eacjf7;b71 #eacjf7;d71 #eacjf7;f71 and #eaeji7;g7 to recover costs from service-obligated mariners who have not demonstrated that they have met their service obligation requirements4 #fbf4 ,fuel funding for training ships operated by ,state maritime academies 7a7 ,conforming ,amendment ,section #eaejd of title #df1 ,united ,states ,code1 is amended by striking subsection 7f7 and inserting the following3 7f7 ,fuel costs ,subject to the availability of appropriations1 the ,secretary shall pay to each ,state maritime academy the costs of fuel used by a vessel provided under this section while used for training in accordance with section #eaeab4 4 7b7 ,amendment ,chapter #eae of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #eaeab4 ,funding for training ships operated by ,state maritime academies 7a7 ,fuel funding 7#a7 ,in general ,subject to the availability of appropriations1 the ,secretary shall pay to each ,state maritime academy the costs of fuel used by a vessel that is loaned to the ,state maritime academy in accordance with section #eaejd while used for training4 7#b7 ,maximum amounts ,the amount of the payment to a ,state maritime academy under subsection 7a7 may not exceed #bj1jjj1jjj for each of fiscal years #bjbf through #bjce4 7#c7 ,prohibition ,maritime academies that receive funding under subsection 7a7 may not-- 7,a7 profit from charging cadets to go to sea for their licensing when using federally provided fuel2 or 7,b7 utilize the vessel as housing for students outside of seasonal training cruises1 unless students elect voluntarily to live aboard the vessel4 7#d7 ,requirement ,each ,state maritime academy that receives fuel costs under this section shall offer billets for liaison officers from each military service during the time such vessel is provided to that ,state maritime academy4 7b7 ,crew 7#a7 ,in ,general ,each ,state maritime academy shall make crew positions available on a vessel that is loaned to the ,state maritime academy for mariners enrolled in the ,united ,states ,merchant ,marine ,career ,retention ,program established under section #ebaje4 7#b7 ,crew funding ,for each crew slot filled by a mariner enrolled in the career retention program1 as provided for under paragraph 7#a71 the ,secretary shall pay the crew costs for that mariner1 subject to the availability of appropriations4 7c7 ,authorization of appropriations ,there is authorized to be appropriated out of the ,maritime ,security ,trust ,fund1 established under section #ejcja7;b7 of this title1 #abj1jjj1jjj to carry out this section for each of fiscal years #bjbf through #bjce4 4 7c7 ,clerical amendment ,the table of sections for chapter #eae of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #eaeab4 ,fuel funding for training ships operated by ,state maritime academies4 4 #fbg4 ,state ,maritime ,academy ,sea ,term ,scholarship ,programs 7a7 ,in ,general ,chapter #eae of title #df1 ,united ,states ,code1 as amended by section #fbg1 is further amended by adding at the end the following3 #eaeac4 ,state ,maritime ,academy ,sea ,term ,scholarship ,programs 7a7 ,in general ,the ,maritime ,administrator shall work with private entities in the maritime industry to establish a scholarship program-- 7#a7 for students at ,state maritime academies to offset expenses associated with completion of a summer sea term to receive sea-time required to earn a ,coast ,guard license2 and 7#b7 which is entirely or predominantly funded through contributions from a private entity4 7b7 ,contributed funds ,the ,maritime ,administrator shall enter into a cooperative agreement1 or other agreement1 with private entities in the maritime industry to accept funding from private entities for the purpose of establishing such a scholarship program4 ,the cooperative agreement may include any terms considered necessary by the ,maritime ,administrator4 7c7 ,privileges ,the ,maritime ,administrator may provide certain privileges to a private entity who contributes funds for a scholarship program under this section1 including opportunities to provide information about employment opportunities with the private entity to students enrolled in the scholarship program4 7d7 ,structure ,in establishing a scholarship program to offset expenses associated with a summer sea term-- 7#a7 the ,maritime ,administrator may enter into an agreement with a student at a ,state maritime academy that has an agreement with the ,secretary of ,transportation under section #eaeje of this title1 to offset expenses associated with completion of a summer sea term2 or 7#b7 the ,maritime ,administrator may enter into an agreement with a ,state maritime academy that has an agreement with the ,secretary of ,transportation under section #eaeje of this title1 to offset expenses for all students who participate in a summer sea term program4 7e7 ,relationship to financial assistance programs ,recognizing the need for licensed merchant mariners1 the ,maritime ,administrator shall encourage participants of the financial assistance programs under part ,c of this subtitle1 to enter into agreements under this section to establish scholarship programs to offset expenses associated with summer sea term4 7f7 ,requirements for students ,any student who benefits from a scholarship program under this section shall enter into an agreement with the ,maritime ,administrator which requires the student to-- 7#a7 complete the course of instruction at the academy the individual is attending2 7#b7 obtain a merchant mariner license1 without limitation as to tonnage or horsepower1 from the ,coast ,guard as an officer in the merchant marine of the ,united ,states1 accompanied by the appropriate national and international endorsements and certification required by the ,coast ,guard for service aboard vessels on domestic and international voyages1 without limitation1 within #c months of completion of the course of instruction at the academy the individual is attending2 7#c7 serve in a position that supports the foreign and domestic commerce and the national defense of the ,united ,states for at least #a year after graduation from the academy-- 7,a7 as a merchant marine officer on a documented vessel or a vessel owned and operated by the ,united ,states ,government or by a ,state2 or 7,b7 as a commissioned officer on active duty in an ,armed ,force of the ,united ,states1 as a commissioned officer in the ,national ,oceanic and ,atmospheric ,administration1 or in other maritime-related ,federal employment which serves the national security interests of the ,united ,states1 as determined by the ,maritime ,administrator2 and 7#d7 report to the ,maritime ,administrator on compliance with this subsection4 7g7 ,authorization of appropriations ,there is authorized to be appropriated out of the ,maritime ,security ,trust ,fund1 established under section #ejcja7;b7 of this title1 #b1ejj1jjj to carry out this section for each of fiscal years #bjbf through #bjce4 4 7b7 ,clerical amendment ,the table of sections for chapter #eae of title #df1 ,united ,states ,code1 as amended by section #fbg1 is further amended by adding at the end the following3 #eaeac4 ,state ,maritime ,academy ,sea ,term ,scholarship ,programs4 4 #fbh4 ,naval joint exercise involvement for training ships operated by ,state maritime academies 7a7 ,in general ,the ,secretary of the ,navy1 in coordination with the ,maritime ,administrator1 shall1 to the extent practicable1 include in national and international maritime warfare exercises not less than #a training vessel used by a ,state maritime academy and maintained pursuant to section #eaejd of title #df1 ,united ,states ,code1 in order to provide an opportunity to integrate merchant mariners with naval and military operations4 7b7 ,participants ,subject to guidance issued by the ,secretary of the ,navy and ,maritime ,administrator1 an individual may participate in the exercise aboard that training ship if the individual is-- 7#a7 a licensed merchant mariner2 or 7#b7 a student from the ,united ,states ,merchant ,marine ,academy1 a ,state maritime academy1 a ,center of ,excellence for ,domestic ,maritime ,workforce ,training and ,education1 or a merchant marine center established under section #adg of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caig71 as added by section #fab of this ,act4 7c7 ,priority ,in selecting participants under subsection 7b7 the ,administrator shall give priority to students described in paragraph 7#b7 of subsection 7b74 7d7 ,vessels ,in coordination with the ,secretary of the ,navy1 the ,maritime ,administrator shall rotate training vessels to ensure that each training vessel described in subsection 7a7 has an equal opportunity to participate in such exercises4 ,d ,maritime ,credentialing ,modernization #fca4 ,merchant mariner credentialing modernization 7a7 ,merchant mariner credentialing modernization ,the ,secretary of the department in which the ,coast ,guard is operating shall carry out necessary system and process changes to carry out the activities described in paragraphs 7#a7 through 7#d74 7#a7 ,licensing1 certification1 and documentation database ,replacement of the merchant mariner licensing1 certification1 and documentation database such that the database allows for-- 7,a7 the electronic submission of merchant mariner credential applications 7including sea service1 professional qualifications1 course completion data1 safety and suitability1 and medical records7 and course approval requests2 7,b7 direct submission of sea service information from employers and course completion data from training providers and other stakeholders to provide data securely and directly so that documentation does not need to be submitted later by the merchant mariner2 and 7,c7 the electronic processing and evaluation of information for the issuance of credentials and course approvals1 including the capability for the ,secretary to complete remote evaluation of the information submitted4 7#b7 ,system for data exchange ,implementation of a system that provides for the exchange of data with government agencies and industry stakeholders1 which provides the ,maritime ,administration and other agencies1 as appropriate1 anonymized and aggregated data showing the following3 7,a7 ,the total amount of sea service for individuals with a valid merchant mariner credential4 7,b7 ,the number of credentialed mariners by individual rating and the capability to filter data by endorsements4 7,c7 ,demographic information1 including age1 gender1 ethnicity1 and address or location4 7,d7 ,national ,maritime ,center processing times4 7,e7 ,the number of ,coast ,guard approved training providers1 and1 for each such training provider1 the number of courses taken by individuals who have1 or who are applying for1 a merchant mariner credential from that training provider4 7#c7 ,public facing portal ,implementation of a system that includes a public facing portal in the 4gov domain instead of the 4mil domain to accept merchant mariner applicant information1 including credential applications1 course completion data1 and course approval requests1 that complies with the requirements for cybersecurity and privacy information of electronic systems in the 4gov domain4 7#d7 ,examination processes ,upgrading the examination processes for merchant mariner examinations1 by-- 7,a7 implementing an examination regime that provides for electronic and third party administration of examinations2 7,b7 reassessing the content of tests through the development of job task analysis for all credentials2 and 7,c7 implementing a robust system to analyze examination data4 7b7 ,report ,the ,secretary of the department in which the ,coast ,guard is operating shall submit-- 7#a7 an annual report to the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on ,appropriations1 and the ,committee on ,armed ,services of the ,senate1 and the ,committee on ,transportation and ,infrastructure1 the ,committee on ,appropriations1 and the ,committee on ,armed ,services of the ,house of ,representatives1 on the progress of the system and process changes required under subsection 7a72 and 7#b7 a final report to those ,committees #a year after full operating capability of the complete system1 comprised of all #d systems required under subsection 7a74 7c7 ,authorization of appropriations ,there is authorized to be appropriated out of the ,maritime ,security ,trust ,fund1 established under section #ejcja7;b7 of title #df1 ,united ,states ,code1 to carry out this section1 #bj1jjj1jjj for fiscal year #bjbf1 to remain available until expended4 #fcb4 ,revising merchant mariner deck training requirements 7a7 ,general definitions ,section #baja of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#bj7 through 7#ef7 as paragraphs 7#ba7 through 7#eg71 respectively2 and 7#b7 by inserting after paragraph 7#ai7 the following3 7#bj7 merchant mariner credential means a merchant mariner license1 certificate1 or document that the ,secretary is authorized to issue pursuant to this title4 4 7b7 ,examinations ,section #gaaf of title #df1 ,united ,states ,code1 is amended by striking subsection 7c74 7c7 ,merchant mariners documents 7#a7 ,general requirements ,section #gcjf of title #df1 ,united ,states ,code1 is amended to read as follows3 #gcjf4 ,general requirements and classifications for members of deck departments 7a7 ,in general ,the ,secretary may issue a merchant mariner credential1 to members of the deck department in the following classes3 7#a7 ,able ,seaman-,unlimited4 7#b7 ,able ,seaman-,limited4 7#c7 ,able ,seaman-,special4 7#d7 ,able ,seaman-,offshore ,supply ,vessels4 7#e7 ,able ,seaman-,sail4 7#f7 ,able ,seaman-,fishing ,industry4 7#g7 ,ordinary ,seaman4 7b7 ,classification of credentials ,the ,secretary may classify the merchant mariner credential issued under subsection 7a7 based on-- 7#a7 the tonnage and means of propulsion of vessels2 7#b7 the waters on which vessels are to be operated2 or 7#c7 other appropriate standards4 7c7 ,considerations ,in issuing the credential under subsection 7a71 the ,secretary may consider the following qualifications of the merchant mariner3 7#a7 ,age4 7#b7 ,character4 7#c7 ,habits of life4 7#d7 ,experience4 7#e7 ,professional qualifications demonstrated by satisfactory completion of applicable examinations or other educational requirements4 7#f7 ,physical condition1 including sight and hearing4 7#g7 ,other requirements established by the ,secretary1 including career patterns and service appropriate to the particular service1 industry1 or job functions the individual is engaged4 4 7#b7 ,clerical amendment ,the table of sections for chapter #gc of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #gcjf and inserting the following3 #gcjf4 ,general requirements and classifications for members of deck departments4 4 7#c7 ,general requirements for members of engine departments ,section #gcac7;b7 of title #df1 ,united ,states ,code1 is amended by striking and coal passer4 7#d7 ,training ,section #gcae of title #df1 ,united ,states ,code1 is amended-- 7,a7 by amending subsection 7a7 to read as follows3 7a7 ,graduation from a nautical school program approved by the ,secretary may be substituted for the service requirements under sections #gcjg through #gcaa;a and #gcad4 2 7,b7 in subsection 7b7-- 7i7 by striking one-third and inserting one-half2 and 7ii7 by striking #gcjg-gcaa of this title and inserting #gcjg-gcaa;a and #gcad2 and 7,c7 by striking subsection 7c74 7d7 ,reduction of lengths of certain periods of service 7#a7 ,in general ,title #df1 ,united ,states ,code1 is amended-- 7,a7 in section #gcjg1 by striking #c years and inserting #ah months2 7,b7 in section #gcjh1 by striking #ah months and inserting #ab months2 and 7,c7 in section #gcji1 by striking #ab months and inserting #f months4 7#b7 ,temporary reduction of lengths of certain periods of service ,section #cecd7;j7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbd 7,public ,law #aah-ca7 is repealed4 7e7 ,merchant mariner credentials ,section #geaj of title #df1 ,united ,states ,code1 is amended by striking subsection 7d74 7f7 ,implementation ,the ,secretary of the department in which the ,coast ,guard is operating shall implement the amended requirements under subsections 7c77#c71 7c77#d71 and 7d77#a7 of this section without regard to chapters #e and #f of title #e1 ,united ,states ,code1 and ,executive ,orders #abhff and #acefc 7#e ,u4,s4,c4 #fja note74 #fcc4 ,inspections for transportation security 7a7 ,in ,general ,chapter #ha of part ,f of subtitle ,,ii of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #haji4 ,inspections for transportation security 7a7 ,in ,general 7#a7 ,inspection ,the ,secretary shall periodically1 but not less than once annually1 inspect each covered facility to verify that the owner or operator of the covered facility has a valid exemption under subsection 7c7 of section #cj of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acef7;c774 7#b7 ,covered facility ,in this subsection1 the term covered facility means a vessel1 rig1 platform1 or other vehicle or structure that1 but for an exemption under subsection 7c7 of section #cj of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acef7;c77 would otherwise be subject to the regulations under subsection 7a77#c7 of such section4 7b7 ,transportation security card ,during an inspection under this section1 the ,secretary shall confirm that all crew members that are required to have a transportation worker identification credential pursuant to section #gjaje have such a credential4 4 7b7 ,clerical amendment ,the table of sections for chapter #ha of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #haji4 ,inspections for transportation security4 4 #fcd4 ,renewal of merchant mariner licenses and documents ,section #gejg of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,renewal ,with respect to any renewal of a valid merchant mariner credential issued under this part that is not an extension under subsection 7a7 or 7b71 the validity period of such credential shall begin the day after the expiration of the current credential4 4 #fce4 ,merchant seamen licenses1 certificates1 and documents2 manning of vessels 7a7 ,citizenship or noncitizen nationality 7#a7 ,in general ,section #gajb of title #df1 ,united ,states ,code1 is amended-- 7,a7 in the section heading1 by inserting or noncitizen nationality after ,citizenship2 and 7,b7 by inserting or noncitizen nationals 7as such term is described in section #cjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adjh77 after citizens of the ,united ,states4 7#b7 ,clerical amendment ,the table of sections for chapter #ga of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #gajb and inserting the following3 #gajb4 ,citizenship or noncitizen nationality4 4 7b7 ,citizenship or noncitizen nationality notation on merchant mariners' documents 7#a7 ,in general ,section #gcjd of title #df1 ,united ,states ,code1 is amended-- 7,a7 in the section heading1 by inserting or noncitizen nationality after ,citizenship2 and 7,b7 by inserting or noncitizen national 7as such term is described in section #cjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adjh77 after citizen of the ,united ,states4 7#b7 ,clerical amendment ,the table of sections for chapter #gc of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #gcjd and inserting the following3 #gcjd4 ,citizenship or noncitizen nationality notation on merchant mariners' documents4 4 7c7 ,citizenship or noncitizen nationality 7#a7 ,in general ,section #hajc of title #df1 ,united ,states ,code1 is amended-- 7,a7 in the section heading by inserting or noncitizen nationality after ,citizenship2 7,b7 in subsection 7a71 by inserting or noncitizen national after citizen of the ,united ,states2 7,c7 in subsection 7b7-- 7i7 in paragraph 7#a77;,a77i71 by inserting or noncitizen national after citizen of the ,united ,states2 and 7ii7 in paragraph 7#c7-- 7,i7 in the matter preceding subparagraph 7,a71 by inserting or noncitizen nationality after citizenship2 and 7,,ii7 in subparagraph 7,c71 by inserting or noncitizen nationals after citizens of the ,united ,states2 7,d7 in subsection 7c71 by inserting or noncitizen nationals after citizens of the ,united ,states2 7,e7 in subsection 7d7-- 7i7 in paragraph 7#a71 by inserting or noncitizen nationals after citizens of the ,united ,states2 and 7ii7 in paragraph 7#b71 by inserting or noncitizen national after citizen of the ,united ,states each place it appears2 7,f7 in subsection 7e71 in the matter preceding paragraph 7#a71 by inserting or noncitizen national after citizen of the ,united ,states each place it appears2 7,g7 in subsection 7i77#a77;,a71 by inserting or noncitizen national after citizen of the ,united ,states2 7,h7 in subsection 7k77#a77;,a71 by inserting or noncitizen national after citizen of the ,united ,states2 and 7,i7 by adding at the end the following3 7l7 ,noncitizen national defined ,in this section1 the term noncitizen national means an individual described in section #cjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adjh74 4 7#b7 ,clerical amendment ,the table of sections for chapter #ha of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #hajc and inserting the following3 #hajc4 ,citizenship or noncitizen nationality and ,navy ,reserve requirements4 4 7d7 ,command of documented vessels ,section #abaca7;a7 of title #df1 ,united ,states ,code1 is amended by inserting or noncitizen national 7as such term is described in section #cjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adjh77 after citizen of the ,united ,states4 7e7 ,invalidation of certificates of documentation ,section #abace7b7 of title #df1 ,united ,states ,code1 is amended by inserting or noncitizen national 7as such term is described in section #cjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adjh77 after citizen of the ,united ,states4 #fcf4 ,reactivation of expired license 7a7 ,in ,general ,chapter #ge of subtitle ,,ii of part ,e1 of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #geab4 ,authority for reactivation of ,united ,states ,merchant ,mariner credentials 7a7 ,licenses and certificates of registry ,notwithstanding sections #gajf and #gajg1 the ,secretary of the department in which the ,coast ,guard is operating may renew for not more than #b years an expired license or certificate of registry issued for an individual under chapter #ga if the ,secretary determines that the renewal is in response to a national emergency declared by ,congress or declared under section #bja of the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afba71 as deemed necessary by the ,secretary4 7b7 ,merchant mariner documents ,notwithstanding section #gcjb7;g71 the ,secretary may renew for not more than #b years an expiring merchant mariner's document issued for an individual under chapter #gc if the ,secretary determines that the renewal is in response to a national emergency proclaimed by the ,president or declared by ,congress1 as deemed necessary by the ,secretary4 7c7 ,manner of renewal ,any renewal granted under this section may be granted to individual seamen or a specifically identified group of seamen4 4 7b7 ,clerical amendment ,the table of sections for chapter #ge of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #geab4 ,authority for reactivation of ,united ,states ,merchant ,mariner credentials4 4 ,,vii ,amendments to the internal revenue code of #aihf #gja4 ,united ,states vessel investment credit 7a7 ,in general ,subpart ,e of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #dh;,e the following new section3 #dh;,f4 ,united ,states vessel investment credit 7a7 ,in general ,for purposes of section #df1 the ,united ,states ,vessel ,investment credit for any taxable year is an amount equal to the applicable percentage of any qualified investment for such taxable year with respect to any qualified vessel4 7b7 ,applicable percentage ,for purposes of subsection 7a71 the applicable percentage with respect to any qualified vessel shall be an amount equal to the sum of-- 7#a7 #cc percent1 plus 7#b7 in the case of any qualified vessel for which the owner of such vessel will1 as part of the agreement described in subsection 7d77#a77;,f7 and for the duration of such agreement1 obtain protection and indemnity insurance with respect to such vessel from an insurance company that is domiciled and headquartered in the ,united ,states and is an underwriter that is approved by the ,maritime ,administrator1 #e percent1 plus 7#c7 in the case of any qualified vessel which is classified by and designed in accordance with the rules of the ,american ,bureau of ,shipping or any other classification society headquartered in the ,united ,states and recognized by the ,secretary of the department in which the ,coast ,guard is operating in accordance with section #ccaf of title #df1 ,united ,states ,code1 #b percent4 7c7 ,qualified investment ,for purposes of subsection 7a71 the qualified investment with respect to any qualified vessel is equal to the amount paid or incurred by the taxpayer in connection with the construction1 repowering1 or reconstruction of such vessel-- 7#a7 in a shipyard of the ,united ,states1 and 7#b7 by an entity which is not a foreign entity of concern4 7d7 ,qualified vessel 7#a7 ,in general ,for purposes of this section1 the term qualified vessel means a cargo vessel-- 7,a7 which is a ,united ,states flag vessel 7as defined in section #acee71 7,b7 which1 in the case of any repowering or reconstruction of such vessel1 was originally constructed in the ,united ,states1 7,c7 which operates in providing transportation in the ,united ,states foreign trade 7as such term is defined in section #acee7;a771 7,d7 which is not a passenger vessel1 as defined in section #baja of title #df1 ,united ,states ,code1 7,e7 which is-- 7i7 a bulk carrier vessel1 7ii7 a tanker vessel1 7iii7 a roll-on_/roll-off vessel1 7iv7 a container vessel1 7v7 a multi-purpose vessel1 7vi7 a cable vessel1 7vii7 a heavy-lift vessel1 or 7viii7 any other type of vessel determined appropriate by the ,maritime ,administrator1 in consultation with the ,maritime ,security ,board1 7,f7 which1 pursuant to an agreement between the taxpayer and the ,maritime ,administrator1 operates as a vessel of the ,united ,states for a period of not less than #aj years1 7,g7 which has entered into an emergency preparedness agreement under section #ecajg or #ecdjg of title #df1 ,united ,states ,code1 or a contingency agreement under section #ecbjg of such title1 or has otherwise entered into a voluntary agreement and plan of action with the ,administrator of the ,maritime ,administration as authorized under section #gjh7;c7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deeh7;c771 and 7,h7 the construction of which begins before ,january #a1 #bjcc4 7#b7 ,exclusion related to foreign entities of concern ,the term qualified vessel shall not include a vessel which-- 7,a7 is1 or was previously1 owned or operated by a foreign entity of concern1 7,b7 was constructed1 repowered1 or reconstructed in a shipyard which is owned or operated by a foreign entity of concern1 or 7,c7 was registered as a vessel of a foreign country of concern at any time prior to being placed in service by the taxpayer4 7e7 ,definitions 7#a7 ,vessels ,for purposes of subsection 7d77#a77;,e71 any term used in such paragraph which is also used in chapter #ecf of title #df1 ,united ,states ,code1 shall have the same meaning as when used in such chapter4 7#b7 ,foreign entity of concern2 foreign country of concern ,for purposes of this section1 the terms foreign entity of concern and foreign country of concern have the same meaning given such terms under section #d of the ,shipbuilding and ,harbor ,infrastructure for ,prosperity and ,security for ,america ,act of #bjbe4 7f7 ,certain progress expenditure rules made applicable ,rules similar to the rules of subsections 7c77#d7 and 7d7 of section #df 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij7 shall apply for purposes of subsection 7a74 7g7 ,regulations ,the ,secretary1 in consultation with the ,maritime ,administrator1 shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section1 including any regulations or guidance which may be necessary or appropriate to recapture the benefit of any credit determined under this section with respect to any qualified vessel1 or any increase in the applicable percentage under subsection 7b7 with respect to any qualified vessel1 in the case of any taxpayer which fails to comply with the terms of the agreement described in subsection 7d77#a77;,f7 with respect to such qualified vessel4 4 7b7 ,conforming amendments 7#a7 ,section #df of the ,internal ,revenue ,code of #aihf1 as amended by section #acgjb7;b77#a7 of ,public ,law #aag-afi1 is amended-- 7,a7 in paragraph 7#f71 by striking and at the end1 7,b7 in paragraph 7#g71 by striking the period at the end and inserting 1 and1 and 7,c7 by adding at the end the following3 7#h7 the ,united ,states ,vessel ,investment credit4 4 7#b7 ,section #di7;a77#a77;,c7 of such ,code1 as amended by section #acgjb7;b77#b7 of ,public ,law #aag-afi1 is amended-- 7,a7 in clause 7vii71 by striking and at the end1 7,b7 in clause 7viii71 by striking the period at the end and inserting 1 and1 and 7,c7 by adding at the end the following3 7ix7 with respect to any qualified vessel 7as defined in section #dh;,f7d771 the portion of the basis of such vessel attributable to amounts paid or incurred by the taxpayer in connection with the construction1 repowering1 or reconstruction of such vessel4 4 7#c7 ,the table of sections for subpart ,e of part ,,iv of subchapter ,a of chapter #a of such ,code is amended by inserting after the item relating to section #dh;,e the following new item3 ,sec4 #dh;,f4 ,united ,states ,vessel ,investment credit4 4 7c7 ,recapture for failure ,to operate as a vessel of the ,united ,states ,section #ej7;a7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in paragraph 7#d71 by striking or any applicable transaction to which paragraph 7#c77;,a7 applies and inserting any applicable transaction to which paragraph 7#c77;,a7 applies1 or any violation to which paragraph 7#f77;,a7 applies1 7#b7 by redesignating paragraph 7#f7 as paragraph 7#g71 7#c7 by inserting after paragraph 7#e7 the following new paragraph3 7#f7 ,failure to operate qualified vessel as a vessel of the ,united ,states 7,a7 ,in general ,if an applicable taxpayer violates any of the requirements of the agreement described in section #dh;,f7d77#a77;,f7 during the duration of such agreement with respect to any investment credit property which is eligible for the ,united ,states ,vessel ,investment credit under section #dh;,f7a71 then the tax under this chapter for the taxable year in which such violation occurs shall be increased by #ajj percent of the aggregate decrease in the credits allowed under section #ch for all prior taxable years which would have resulted solely from reducing to zero any credit determined under section #df which is attributable to the ,united ,states ,vessel ,investment credit under section #dh;,f7a7 with respect to such property4 7,b7 ,exception ,subparagraph 7,a7 shall not apply if the applicable taxpayer demonstrates to the satisfaction of the ,secretary and the ,maritime ,administrator that the taxpayer is in compliance with the agreement described in section #dh;,f7d77#a77;,f7 within #cj days of a determination and notice by the ,secretary4 7,c7 ,regulations and guidance ,the ,secretary shall issue such regulations or other guidance as the ,secretary determines necessary or appropriate to carry out the purposes of this paragraph1 including regulations or other guidance which provide for requirements for recordkeeping or information reporting for purposes of administering the requirements of this paragraph4 1 and 7#d7 in paragraph 7#g7 7as redesignated by paragraph 7#b77-- 7,a7 in subparagraph 7,c71 by striking or 7#c7 and inserting 7#c71 or 7#d71 and 7,b7 by striking subparagraph 7,e7 and inserting the following3 7,e7 ,applicable taxpayer ,for purposes of this subsection1 the term applicable taxpayer means any taxpayer who has been allowed-- 7i7 for purposes of paragraph 7#c71 a credit under section #dh;,d7a7 for any prior taxable year1 or 7ii7 for purposes of paragraph 7#f71 a credit under section #dh;,f7a7 for any prior taxable year4 4 7d7 ,elective payment and transfer of credit 7#a7 ,elective payment ,section #fdag of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 in subsection 7b71 by adding at the end the following3 7#ac7 ,the ,united ,states ,vessel ,investment credit under section #dh;,f4 1 and 7,b7 in subsection 7d77#a7-- 7i7 in subparagraph 7,e71 by striking 7,c71 or 7,d7 each place it appears and inserting 7,c71 7,d71 or 7,e71 7ii7 by redesignating subparagraph 7,e7 7as amended by clause 7i77 as subparagraph 7,f71 and 7iii7 by inserting after subparagraph 7,d7 the following3 7,e7 ,election with respect to ,united ,states vessel investment credit ,if a taxpayer other than an entity described in subparagraph 7,a7 makes an election under this subparagraph with respect to any taxable year in which such taxpayer has made a qualified investment with respect to any qualified vessel 7as defined in section #dh;,f71 such taxpayer shall be treated as an applicable entity for purposes of this section for such taxable year1 but only with respect to the credit described in subsection 7b77#ac74 4 7#b7 ,transfer ,section #fdah7;f77#a77;,a7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 7xii7 ,the ,united ,states ,vessel ,investment credit under section #dh;,f4 4 7e7 ,exception relating to alternative tax on qualifying shipping activities ,section #aceg7;c7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in paragraph 7#a71 by striking paragraph 7#b7 and inserting paragraph 7#b7 or 7#d71 and 7#b7 by adding at the end the following3 7#d7 ,exception for ,united ,states vessel investment credit ,paragraph 7#a7 shall not apply with respect to any credit allowed to the taxpayer under section #dh;,f4 4 7f7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjbe4 #gjb4 ,certain payments for maritime security excluded from gross income 7a7 ,in general ,part ,,iii of subchapter ,b of chapter #a of the ,internal ,revenue ,code of #aihf is amended by inserting after section #aci;,i the following new subsection3 #aci;,j4 ,maritime security payments 7a7 ,in general ,gross income shall not include any payment made pursuant to-- 7#a7 section #ecajf of title #df1 ,united ,states ,code1 7#b7 section #echja of such title1 7#c7 section #ecbjf of such title1 7#d7 section #ecdjf of such title1 7#e7 section #ecfjd of such title1 7#f7 section #edaja of such title1 or 7#g7 section #edcja of such title4 7b7 ,denial of double benefit ,no deduction or credit shall be allowed for1 or by reason of1 any expenditure to the extent of the amount excluded under subsection 7a7 for any payment which was provided with respect to such expenditure4 ,the adjusted basis of any property shall be reduced by the amount excluded under subsection 7a7 which was provided with respect to such property4 4 7b7 ,clerical amendment ,the table of sections for part ,,iii of subchapter ,b of chapter #a of such ,code is amended by inserting after the item relating to section #aci;,i the following new item3 ,sec4 #aci;,j4 ,maritime security payments4 4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4 #gjc4 ,elimination of #cj-;day limitation on domestic operations 7a7 ,in general ,section #acee of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in subsection 7f71 by striking paragraph 7#d71 and 7#b7 in subsection 7g77#b71 by striking subparagraph 7,d74 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after the date of enactment of this ,act4 #gjd4 ,qualifying shipping activities ,section #acef7;b7 of the ,internal ,revenue ,code of #aihf 7relating to qualifying shipping activities7 is amended by striking activities in operating and inserting the carriage of goods 7as defined in section #a of the ,carriage of ,goods by ,sea ,act 7#df ,u4,s4,c4 #cjgja note77 by4 #gje4 ,qualifying vessel ,section #acee7;a7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,qualifying vessel ,the term qualifying vessel means a vessel which is-- 7,a7 self-propelled 7or a combination self-propelled and non-self-propelled71 7,b7 a ,united ,states flag vessel or a ,united ,states-owned foreign flag vessel1 7,c7 either-- 7i7 a vessel designed primarily for use on the high seas which has a draft of more than #ab feet1 or 7ii7 not less than #f1jjj deadweight tons1 and 7,d7 used exclusively in the ,united ,states foreign trade during the period that the election under this subchapter is in effect4 1 and 7#b7 by adding at the end the following3 7#h7 ,united ,states-owned foreign flag vessel ,the term ,united ,states-owned foreign flag vessel means any vessel which-- 7,a7 is documented under the laws of a country 7other than the ,united ,states7 or a foreign registry which is not a foreign country of concern 7as defined by section #d of the ,shipbuilding and ,harbor ,infrastructure for ,prosperity and ,security for ,america ,act of #bjbe71 7,b7 is owned by a person which-- 7i7 7,i7 is a citizen of the ,united ,states 7as determined under section #ejeja of title #df1 ,united ,states ,code71 or 7,,ii7 is controlled 7within the meaning of section #ied7;d77#c77 by a citizen of the ,united ,states 7as so determined71 and 7ii7 owns a fleet of ,united ,states flag vessels1 7,c7 is strategically and commercially managed from within the ,united ,states1 and 7,d7 has entered into an emergency preparedness agreement under section #ecajg or #ecdjg of title #df1 ,united ,states ,code1 or a contingency agreement under section #ecbjg of such title1 or has otherwise entered into a voluntary agreement and plan of action with the ,maritime ,administrator as authorized under section #gjh7;c7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deeh7;c774 4 #gjf4 ,credit for construction of shipyard facilities 7a7 ,in general ,subpart ,e of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf1 as amended by section #gja7;a71 is amended by inserting after section #dh;,f the following new section3 #dh;,g4 ,credit for construction of shipyard facilities 7a7 ,in general ,for purposes of section #df1 the shipyard investment tax credit for any taxable year is an amount equal to #be percent of the qualified investment for such taxable year with respect to any qualified shipyard facility of a taxpayer described in section #dh;,d7c77#a74 7b7 ,qualified investment 7#a7 ,in general ,for purposes of subsection 7a71 the qualified investment with respect to any qualified shipyard facility for any taxable year is the basis of any qualified property placed in service by the taxpayer during such taxable year which is part of a qualified shipyard facility4 7#b7 ,qualified property ,the term qualified property shall have the same meaning given such term in section #dh;,d7b77#b71 except that subparagraph 7,a77iv7 of such section shall be applied by substituting qualified shipyard facility for advanced manufacturing facility4 7#c7 ,qualified shipyard facility ,for purposes of this section1 the term qualified shipyard facility means a facility-- 7,a7 which is located within the ,united ,states 7including any territory or possession of the ,united ,states71 and 7,b7 for which the primary purpose is-- 7i7 constructing or repairing commercial or military oceangoing vessels1 7ii7 manufacturing components which are critical 7as determined by the ,secretary1 in consultation with the ,secretary of the ,navy and the ,maritime ,administrator7 to the operation of commercial or military oceangoing vessels1 or 7iii7 manufacturing equipment which is used to produce or repair commercial or military oceangoing vessels4 7#d7 ,certain progress expenditure rules made applicable ,rules similar to the rules of subsections 7c77#d7 and 7d7 of section #df 7as in effect on the day before the date of the enactment of the ,revenue ,reconciliation ,act of #aiij7 shall apply for purposes of subsection 7a74 7c7 ,denial of double benefit ,this section shall not apply to any property placed in service by the taxpayer during the taxable year if a credit was allowed under section #dh;,f to such taxpayer during such taxable year4 7d7 ,regulations ,the ,secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section4 7e7 ,termination of credit ,the credit allowed under this section shall not apply to property placed in service after ,december #ca1 #bjcb4 4 7b7 ,conforming amendments 7#a7 ,section #df of the ,internal ,revenue ,code of #aihf1 as amended by section #gja7;b77#a71 is amended-- 7,a7 in paragraph 7#g71 by striking and at the end1 7,b7 in paragraph 7#h71 by striking the period at the end and inserting 1 and1 and 7,c7 by adding at the end the following3 7#i7 the shipyard investment tax credit4 4 7#b7 ,section #di7;a77#a77;,c7 of such ,code1 as amended by section #gja7;b77#b71 is amended-- 7,a7 in clause 7viii71 by striking and at the end1 7,b7 in clause 7ix71 by striking the period at the end and inserting 1 and1 and 7,c7 by adding at the end the following3 7x7 the basis of any qualified property 7as defined in subsection 7b77#b7 of section #dh;,g7 which is part of a qualified shipyard facility 7as defined in subsection 7b77#c7 of such section74 4 7#c7 ,section #ej7;a77#b77;,e7 of such ,code1 as amended by section #acgjb7;b7 of ,public ,law #aag-afi1 is amended by striking or #dh;,e7e7 and inserting #dh;,e7e71 or #dh;,g7b77#d74 7#d7 ,the table of sections for subpart ,e of part ,,iv of subchapter ,a of chapter #a of such ,code1 as amended by section #gja7;b77#c71 is amended by inserting after the item relating to section #dh;,f the following new item3 ,sec4 #dh;,g4 ,shipyard investment tax credit4 4 7c7 ,elective payment and transfer of credit 7#a7 ,elective payment ,section #fdag of the ,internal ,revenue ,code of #aihf1 as amended by section #gja1 is amended-- 7,a7 in subsection 7b71 by adding at the end the following3 7#ad7 ,the shipyard investment tax credit under section #dh;,g4 1 and 7,b7 in subsection 7d77#a7-- 7i7 in subparagraph 7,f71 by striking 7,d71 or 7,e7 each place it appears and inserting 7,d71 7,e71 or 7,f71 7ii7 by redesignating subparagraph 7,f7 7as amended by clause 7i77 as subparagraph 7,g71 and 7iii7 by inserting after subparagraph 7,e7 the following3 7,f7 ,election with respect to the shipyard investment tax credit ,if a taxpayer other than an entity described in subparagraph 7,a7 makes an election under this subparagraph with respect to any taxable year in which such taxpayer has placed in service any qualified property which is part of a qualified shipyard facility 7as defined in section #dh;,g71 such taxpayer shall be treated as an applicable entity for purposes of this section for such taxable year1 but only with respect to the credit described in subsection 7b77#ad74 4 7#b7 ,transfer ,section #fdah7;f77#a77;,a7 of the ,internal ,revenue ,code of #aihf1 as amended by section #gja1 is amended by adding at the end the following3 7xiii7 ,the shipyard investment tax credit under section #dh;,g4 4 7d7 ,exception relating to alternative tax on qualifying shipping activities ,paragraph 7#d7 of section #aceg7;c7 of the ,internal ,revenue ,code of #aihf1 section #gja7;e71 is amended to read as follows3 7#d7 ,exception for ,united ,states vessel investment credit and shipyard investment tax credit ,paragraph 7#a7 shall not apply with respect to any credit allowed to the taxpayer under section #dh;,f or #dh;,g4 4 7e7 ,effective date ,the amendments made by this section shall apply to property placed in service after ,december #ca1 #bjbe4 #gjg4 ,tax incentives relating to merchant marine capital construction funds 7a7 ,in general ,section #geah of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,the amount deposited in a fund established under chapter #ece of title #df of the ,united ,states ,code 7hereinafter in this section referred to as a capital construction fund7 for a taxable year may not exceed the amount specified in the agreement under section #ecejc7;a7 of such title1 which shall be an amount that is related to a commitment to invest the revenue from the capital construction fund into funding the construction of new vessels or funding cargo handling equipment4 1 7,b7 in paragraph 7#b71 by striking paragraph 7#a77;,b7 each place it appears and inserting paragraph 7#a71 and 7,c7 by adding at the end the following new paragraph3 7#d7 ,revenue ,for the purposes of paragraph 7#a71 the revenue from the capital construction fund may include-- 7,a7 income attributable to the operation of any agreement vessel in foreign commerce or domestic trade or fisheries or the operation of a marine terminal in the ,united ,states1 7,b7 the net proceeds from the disposition of an agreement vessel or cargo handling equipment or insurance or indemnity attributable to the vessel or cargo handling equipment1 7,c7 the receipts from the investment or reinvestment of amounts held in the fund1 and 7,d7 the amount allowable as a deduction under section #afg for the taxable year with respect to the agreement vessels or cargo handling equipment4 1 7#b7 in subsection 7b77#b71 by striking ,amounts in any capital construction fund and all that follows through 7not in excess of #fj percent7 and inserting ,an agreed percentage1 7#c7 in subsection 7e7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,a qualified withdrawal from the fund is one made in accordance with the terms of the agreement but only if it is for-- 7,a7 the acquisition1 construction1 repowering1 or reconstruction of-- 7i7 a qualified vessel or a barge or container that is part of the complement of a qualified vessel1 or 7ii7 cargo handling equipment1 or 7,b7 the payment of the principal on indebtedness incurred in the acquisition1 construction1 repowering1 or reconstruction of-- 7i7 a qualified vessel or a barge or container that is part of the complement of a qualified vessel1 or 7ii7 cargo handling equipment4 ,except to the extent provided in regulations prescribed by the ,secretary1 subparagraph 7,a71 and so much of subparagraph 7,b7 as relates only to barges and containers1 shall apply only with respect to barges and containers constructed in the ,united ,states4 1 7,b7 by redesignating paragraph 7#b7 as paragraph 7#d71 and 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,fully automated cargo handling equipment ,no withdrawals may be made from a capital construction fund to purchase fully automated cargo handling equipment that is remotely operated or remotely monitored with or without the exercise of human intervention or control1 if the ,secretary determines such equipment would result in a net loss of jobs within a marine terminal4 7#c7 ,prohibition on people's republic of china cranes ,no withdrawals may be made from a capital construction fund to purchase cranes manufactured in the ,people's ,republic of ,china4 1 7#d7 in subsection 7f7-- 7,a7 in paragraph 7#b71 by inserting cargo handling equipment1 after barge1 both places the term appears1 7,b7 in paragraph 7#c71 by inserting cargo handling equipment1 after barge1 both places the term appears1 and 7,c7 in paragraph 7#d71 by inserting cargo handling equipment1 after barges11 7#e7 in subsection 7g7-- 7,a7 in the flush matter at the end of paragraph 7#b71 by inserting cargo handling equipment1 after advanced1 and 7,b7 in paragraph 7#e77;,a7-- 7i7 in the heading1 by striking #be years and inserting #ae years1 7ii7 by striking #bfth1 #bgth1 #bhth1 #bith1 or #cjth taxable year and inserting following specified taxable year1 and 7iii7 by striking the table contained therein and inserting the following3 ,if the amount remains in the fund at the close of the-,the applicable percentage is-#afth taxable year#bj percent#agth taxable year#dj percent#ahth taxable year#fj percent#aith taxable year#hj percent#bjth taxable year#ajj percent 1 and 7#f7 in subsection 7i71 by striking as in effect on the date of the enactment of this section4 7b7 ,effective date ,the amendments made by this section shall apply to taxable years beginning after ,december #ca1 #bjbe4 #gjh4 ,exemption of student incentive payment agreements from gross income 7a7 ,in general ,part ,,iii of subchapter ,b of chapter #a of the ,internal ,revenue ,code of #aihf1 as amended by section #gjb1 is further amended by inserting after section #aci;,j the following new section3 #aci,k4 ,student incentive payment agreements ,in the case of an individual who has entered into an agreement described in section #eaeji of title #df1 ,united ,states ,code1 gross income does not include any student incentive payments made to such individual pursuant to such agreement4 4 7b7 ,clerical amendment ,the table of sections for part ,,iii of subchapter ,b of chapter #a of the ,internal ,revenue ,code of #aihf1 as amended by section #gjb1 is further amended by inserting after the item relating to section #aci;,j the following new item3 ,sec4 #aci,k4 ,student incentive payment agreements4 4 7c7 ,effective date ,the amendments made by this section shall apply with respect to payments made after ,december #ca1 #bjbe4 #gji4 ,maritime fuel tax parity 7a7 ,in general ,section #djda7;g7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new sentence3 ,for purposes of subsection 7a77#b71 the exemption under paragraph 7#a7 shall also apply to fuel sold for use or used by a vessel which is both described in section #djdb7;c77#a7 and actually engaged in trade between the ,atlantic or ,pacific ports of the ,united ,states 7including any territory or possession of the ,united ,states744 7b7 ,effective date ,the amendment made by this section shall apply to fuel sold for use or used after ,december #ca1 #bjbe4 #gaj4 ,treatment of maritime prosperity zones as opportunity zones 7a7 ,in general ,subchapter ,z of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new section3 #adjj,z-#c4 ,treatment of maritime prosperity zones as opportunity zones 7a7 ,in general ,a maritime prosperity zone shall be treated as a qualified opportunity zone4 7b7 ,special rules ,in applying this subchapter to any maritime prosperity zone which is a qualified opportunity zone solely by reason of this section-- 7#a7 ,in general ,for purposes of determining-- 7,a7 whether any property which would not be qualified opportunity fund business property without regard to this section is qualified opportunity fund business property1 and 7,b7 whether any corporation or partnership which is not a qualified opportunity fund business without regard to this section is a qualified opportunity fund business1 section #adjj,z-#b7;d7 shall be applied with the modifications described in paragraph 7#b74 7#b7 ,modifications ,the modifications described in this paragraph are as follows3 7,a7 ,start date ,subparagraphs 7,b77i77,i71 7,c77i71 and 7,d77i77,i7 of section #adjj,z-#b7;d77#b7 shall each be applied by substituting the date of the enactment of the ,shipbuilding and ,harbor ,infrastructure for ,prosperity and ,security for ,america ,act of #bjbe for ,december #ca1 #bjag4 7,b7 ,qualified business property ,property shall not be treated as qualified opportunity zone business property unless such property is substantially used in an industry which is assigned a code under the ,north ,american ,industrial ,classification ,system which is described in paragraph 7#c74 7,c7 ,qualified business ,a trade or business shall not be treated as a qualified opportunity zone business unless such trade or business operates in an industry which is assigned a code under the ,north ,american ,industrial ,classification ,system which is described in paragraph 7#c74 7#c7 ,eligible north ,american industrial classification system codes ,the following codes under the ,north ,american ,industrial ,classification ,system are the codes described in this paragraph3 7,a7 #dhcaa 7deep sea freight transportation74 7,b7 #dhcaac 7coastal and ,great ,lakes freight transportation74 7,c7 #dhcbaa 7inland water freight transportation74 7,d7 #dhhc 7support activities for water transportation74 7,e7 #ccff 7ship and boat building74 7c7 ,maritime prosperity zone ,for purposes of this chapter-- 7#a7 ,in general ,the term maritime prosperity zone means any population census tract that-- 7,a7 contains or is determined by the ,maritime ,administrator to be a viable site for-- 7i7 a shipyard of the ,united ,states1 7ii7 a port1 or 7iii7 a harbor facility1 and 7,b7 is designated as a maritime prosperity zone under paragraph 7#b74 7#b7 ,designation ,a population census tract is designated as a maritime prosperity zone under this paragraph if-- 7,a7 the ,maritime ,administrator1 in consultation with the ,secretary of the ,navy and the ,maritime ,security ,board1 nominates the tract for designation as a maritime prosperity zone and notifies the ,secretary in writing of such nomination1 and 7,b7 the ,secretary certifies such nomination and designates such tract as a qualified maritime prosperity zone4 7#c7 ,number of population census tracts designated ,not more than #ajj population census tracts may be designated as maritime prosperity zone4 7#d7 ,period for which designation is in effect ,except as provided in paragraph 7#b71 a designation as a maritime prosperity zone shall remain in effect for the period-- 7,a7 beginning on the date of the designation1 and 7,b7 ending at the close of the #eth calendar year beginning on or after such date of designation4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,z of chapter #a of such ,code is amended by adding at the end the following new item3 ,sec4 #adjj,z-#c4 ,treatment of maritime prosperity zones as opportunity zones4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act4