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Code · BILL · 116th Congress · H.R. 6395 (Enrolled) — To authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military c... · Sec. 3502

Sec. 3502. Improvements to process for waiving navigation and vessel-inspection laws and approving foreign vessel charters for passenger vessels

575 words·~3 min read·/bill/116/hr/6395/enr/section-3502·

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Section 501 of title 46, United States Code, is amended— by striking subsection
(a)and inserting the following new subsection (a): On request of the Secretary of Defense, the head of an agency responsible for the administration of the navigation or vessel-inspection laws shall waive compliance with those laws to the extent the Secretary considers necessary in the interest of national defense to address an immediate adverse effect on military operations. Not later than 24 hours after making a request under paragraph (1), the Secretary of Defense shall submit to the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate a written explanation of the circumstances requiring such a waiver in the interest of national defense, including a confirmation that there are insufficient qualified vessels to meet the needs of national defense without such a waiver. ; in subsection (b)— by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively; by inserting after paragraph
(1)the following new paragraph (2): Subject to subparagraphs
(B)and (C), a waiver issued under this subsection shall be for a period of not more than 10 days. Upon the termination of the period of a waiver issued under this subsection, the head of an agency may extend the waiver for an additional period of not more than 10 days, if the Maritime Administrator makes the determinations referred to in paragraph (1). The aggregate duration of the period of all waivers and extensions of waivers under this subsection with respect to any one set of events shall not exceed 45 days. ; and in paragraph (4), as so redesignated— in subparagraph (B)(ii), by striking paragraph (2)(A) and inserting paragraph (3)(A) ; and by adding at the end the following new subparagraph: For purposes of this paragraph, an extension requested or issued under paragraph (2)(B) shall be treated in the same manner as a waiver requested or issued under this subsection. ; by redesignating subsection
(c)as subsection (d); and by inserting after subsection
(b)the following new subsection: Not later than 10 days after the date of the conclusion of the voyage of a vessel that, during such voyage, operated under a waiver issued under this section, the owner or operator of the vessel shall submit to the Maritime Administrator a report that includes— the name and flag of the vessel; the dates of the voyage; any relevant ports of call; and any other information the Maritime Administrator determines necessary. Not later than 48 hours after receiving a report under paragraph (1), the Maritime Administrator shall publish such report on an appropriate website of the Department of Transportation. . The amendments made by paragraph
(1)shall apply with respect to waivers issued after the date of the enactment of this Act. For fiscal year 2020 and each subsequent fiscal year, the Maritime Administrator shall make publicly available on an appropriate website of the Maritime Administration— a detailed summary of each request for a determination, approval, or confirmation that a vessel charter for a passenger vessel is encompassed by the general approval of time charters issued pursuant to section 56101 of title 46, United States Code, or regulations prescribed pursuant to such section; and the final action of the Administration with respect to such request, after the provision of notice and opportunity for public comment.
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