Sec. 3. Cargoes procured, furnished, or financed by the United States Government
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Section 55305 of title 46, United States Code, is amended— by striking subsection (a); in subsection
(b)by striking 50 and inserting 75 ; by redesignating subsection
(b)as subsection (a); by striking subsection
(c)and inserting the following: Notwithstanding any other provision of law, when the President, the Secretary of Defense, or the Secretary of Transportation declares the existence of an emergency justifying a temporary waiver of this section or section 55314, the President, the Secretary of Defense, or the Secretary of Transportation, following a determination by the Maritime Administrator, acting in the Administrator’s capacity as Director, National Shipping Authority, of the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States to meet the requirements of this section or section 55314, may waive compliance with such section to the extent, in the manner, and on the terms the Maritime Administrator, acting in such capacity, prescribes, and no other waivers of the requirements of this section or section 55314 shall be authorized. Subject to subparagraphs
(B)and (C), a waiver issued under this subsection shall be for a period of not more than 60 days. Upon termination of the period of a waiver issued under this subsection, the Maritime Administrator may extend the waiver for an additional period of not more than 30 days, if the Maritime Administrator makes the determinations described 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 3 months in a fiscal year. The Maritime Administrator shall— for each determination referred to in paragraph (1), identify any actions that could be taken to enable qualified United States flag capacity to meet the requirements of this section or section 55314 at fair and reasonable rates for commercial vessels of the United States; provide notice of each determination referred to in paragraph
(1)to the Secretary of Transportation and, as applicable, the President or the Secretary of Defense; and publish each determination referred to in paragraph (1)— on the website of the Maritime Administration not later than 24 hours after notice of the determination is provided to the Secretary of Transportation; and in the Federal Register. The Maritime Administrator shall notify— the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of— any request for a waiver (or an extension thereof) made by the Secretary of Transportation of this section or section 55314(a) not later than 72 hours after receiving such a request; and the issuance of any such waiver (or an extension thereof), and why such waiver or extension was necessary, not later than 72 hours after such issuance; and the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives of— any request for a waiver (or an extension thereof) made by the Secretary of Defense of this section or section 55314(a) not later than 72 hours after receiving such a request; and the issuance of any such waiver (or an extension thereof), and why such waiver or extension was necessary, not later than 72 hours after such issuance. ; by redesignating subsections
(c)through
(e)as subsections
(d)through (f), respectively; by inserting after subsection
(a)the following: To be eligible to carry cargo under this section, a privately-owned commercial vessel— shall be documented under the laws of the United States for at least 3 years; or may be documented under the laws of the United States for less than 3 years if— the vessel owner signs an agreement with the Secretary providing that— the vessel shall remain documented under the laws of the United States for at least 3 years; and the vessel owner shall, upon request of the Secretary, agree to enroll the vessel in an Emergency Preparedness Program under chapter 531 or voluntary agreement authorize under section 708 of the Defense Production Act of 1950 ( 50 U.S.C. 4558 ) and shall remain so enrolled until the vessel ceases to be documented under the laws of the United States; the vessel— is a tank vessel that is 10 years of age or less on the date the vessel is documented under the laws of the United States; or is any other type of vessel that is 15 years of age or less on the date the vessel is documented under the laws of the United States; and the vessel was not originally built in a country which is a proscribed country listed pursuant to part 126 of title 22, Code of Federal Regulations, or successor regulations (commonly known as the International Traffic in Arms Regulations ). A vessel under an agreement described in subsection (b)(2) may be seized by and forfeited to the United States if, in violation of such agreement— the vessel owner places the vessel under foreign registry; or a person operates the vessel under the authority of a foreign country. Section 12112 of title 46, United States Code, shall not apply to the seizure and forfeiture of a vessel pursuant to paragraph (1). ; and by adding at the end the following: In carrying out this section, the Secretary shall annually— audit the list of vessels that are operating under an agreement described in subsection (b)(2); and submit to Congress a report describing— each of the vessels operating under paragraph
(2)of section 55305(b) and each agreement signed by the Secretary pursuant to such paragraph; the results of any audit described in paragraph (1); and any other pertinent information that the Secretary determines to be of interest to Congress. . The analysis for chapter 553 of title 46, United States Code, is amended by striking the item relating to subchapter I and inserting the following: SUBCHAPTER I—GOVERNMENT IMPELLED TRANSPORTATION . Section 55305(d)(2)(D) of title 46, United States Code, is amended by striking section 25(c)(1) of the Office of Federal Procurement Policy Act ( and inserting 41 U.S.C. 1303(a)(1) ) section 1303(a)(1) of title 41, United States Code, .
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Sec. 3
Cargoes procured, furnished, or financed by the United States Government
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