Sec. 3531. 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
(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. .