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Code · BILL · 118th Congress · S. 5611 (Introduced in Senate) — To support the national defense and economic security of the United States by supporting vessels, ports, and shipyard... · Sec. 101

Sec. 101. Maritime Security Advisor; Maritime Security Board

1,878 words·~9 min read·/bill/118/s/5611/is/section-101

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Chapter 504 of part A of subtitle V of title 46, United States Code, is amended— by striking the chapter heading and inserting the following: ; and Oversight and Accountability by striking section 50401 and inserting the following: Not later than 60 days after the date of enactment of this section, the President shall appoint a Special Advisor to the President (to be known as the Maritime Security Advisor ) for coordinating national maritime affairs and policy, including developing, updating, and implementing the National Maritime Strategy as required under section 50114 of this title. The Maritime Security Advisor appointed under paragraph
(1)shall serve as the Chair of the Maritime Security Board, shall be the principal advisor to the President on all issues related to the maritime industry, shipbuilding, and ship repair, and shall be responsible for developing, updating, and implementing the National Maritime Strategy under section 50114 of this title within and across the Federal Government. The Maritime Security Advisor shall have a seat on the National Security Council. There is established in the Executive Office of the President, an Office of the Maritime Security Advisor. The Maritime Security Advisor described in this subsection shall be the head of such Office. In carrying out the functions under this section, the Maritime Security Advisor is authorized to— appoint such officers and employees as the Maritime Security Advisor may deem necessary to perform the functions now or hereafter vested in the Maritime Security Advisor and to prescribe their duties; and enter into contracts and other arrangements for studies, analyses, and other services with public agencies and with private persons, organizations, or institutions, and make such payments as the Maritime Security Advisor deems necessary to carry out the provisions of this section. Not later than 90 days after the date of enactment of this section, the President shall establish a board, to be known as the Maritime Security Board (in this section referred to as the Board ). The Board shall be comprised of the following individuals and representatives: The Maritime Security Advisor described in subsection (a). The Maritime Administrator. The Commandant of the Coast Guard. The Secretary of the Navy. The Commander of the United States Transportation Command. The Chair of the Federal Maritime Commission. The Assistant Secretary of the Army for Civil Works. The Commander of the Military Sealift Command. The Commander of Naval Sea Systems Command. The chief United States delegate to the International Maritime Organization. The Under Secretary of Commerce for Oceans and Atmosphere. The Commissioner for Customs and Border Protection. The Director of the Office of Management and Budget, or their designee. The Secretary of Transportation, or their designee. The Secretary of Homeland Security, or their designee. The Secretary of State, or their designee. The Secretary of Labor, or their designee. The Secretary of Agriculture, or their designee. The Secretary of Commerce, or their designee. The Secretary of the Treasury, or their designee. The Administrator of the Environmental Protection Agency, or their designee. The United States Trade Representative, or their designee. The Administrator of the United States Agency for International Development, or their designee. From the Department of Defense— the Secretary of Defense, or their designee; a representative of the Army, as appointed by the Secretary of Defense; a representative of the Air Force, as appointed by the Secretary of Defense; and a representative of the Navy, as appointed by the Secretary of Defense. The individuals and representatives listed in clauses
(xiii)through
(xxiv)shall be nonvoting members. The Maritime Security Advisor shall serve as the Chair of the Board. Consistent with the National Maritime Strategy under section 50114 of this title, the Board shall carry out the following duties: Supporting the development of the marine transportation system of the United States, including— assessing the adequacy of the marine transportation system (including ports, waterways, channels, and their intermodal connections); promoting the integration of the marine transportation system with other modes of transportation and other uses of the marine environment; and coordinating, improving the coordination of, and making recommendations with regard to Federal policies that impact the marine transportation system. Establishing policy priorities relating to, and conducting independent oversight over, the financial assistance programs under part C of subtitle V of this title, including— not later than 1 year after the date of enactment of the SHIPS for America Act of 2024 and annually thereafter, establishing targets for the number, type, and requirements of vessels to be included in each of— the Maritime Security Fleet (consistent with the most recent Mobility Capability Requirements Study produced by United States Transportation Command); the Cable Security Fleet; the Tanker Security Fleet (consistent with the most recent Mobility Capability Requirements Study produced by United States Transportation Command); the Strategic Commercial Fleet; and the Shipbuilding Financial Incentives Program; submitting annual recommendations to the appropriate committees of Congress for any needed changes in the authorized number of vessels eligible to participate in the programs under part C of subtitle V of this title; and conducting oversight of the administration of such financial assistance programs to ensure such programs support the strategic sealift objectives and policy of the United States, as established in section 59101 of this title. Supporting the Maritime Administrator in all efforts to conduct independent oversight of passenger and cargo preference requirements and supporting efforts to enable cargo to be carried on vessels of the United States, including— conducting oversight and coordinating interagency efforts to comply with cargo preference requirements established under chapter 553 of this title and section 2631 of title 10; independently verifying that all Federal agencies follow the requirements for cargoes procured, furnished, or financed by the United States Government under section 55305 of this title, and notifying the appropriate committees of Congress of any identified violations of the requirements of such section; conducting outreach among nongovernmental stakeholders, including private industry, to encourage more cargo to be moved on vessels of the United States; developing recommendations for regulations to be issued by Federal agencies to preference the movement of cargo on vessels of the United States; and submitting recommendations to the appropriate committees of Congress for changes to laws relating to passenger and cargo preferences for the purpose of establishing a more robust fleet of vessels of the United States. Conducting independent oversight and developing guidance and recommendations related to the enforcement of the requirements of chapters 121 and 551 of this title. Coordinating national efforts to develop a robust maritime workforce that enhances the national security and strategic sealift readiness of the United States, including— coordinating and conducting oversight of interagency efforts and partnerships with the maritime industry and qualified labor organizations to recruit, train, and retain qualified licensed and unlicensed merchant mariners; and coordinating and conducting oversight of interagency efforts and partnerships with the shipbuilding industry to recruit, train, and retain qualified workers in the shipbuilding industry of the United States. Establishing national priorities for research and development of next-generation technologies to enhance United States leadership in the shipbuilding and maritime industries, including through the Center for Maritime Innovation established under section 50307. Coordinating interagency efforts to ensure vessels of the United States operating in international commerce are privileged in regulation, taxation, fees, insurance, and policy compared to foreign vessels conducting trade with a United States-domiciled entity, while remaining consistent with the international obligations of the United States. Coordinating efforts to protect vessels of the United States operating in international or domestic commerce from physical and cybersecurity threats. Conducting oversight of the use of funds from the Maritime Security Trust Fund established under section 9512 of the Internal Revenue Code of 1986, and making recommendations to Congress for expenditures from the Trust Fund. Conducting studies on subjects related to the maritime industry and international shipping, and undertaking other efforts related to strengthening the maritime security of the United States. Carrying out other duties, as assigned by the President in consultation with the Maritime Security Advisor, related to the maritime industry, shipbuilding, ship repair, strategic sealift, and the marine transportation system of the United States. The Board shall meet not less frequently than quarterly. The Board may hire staff to support its activities. There are authorized to be appropriated $5,000,000 for each of fiscal years 2025 through 2034, from the Maritime Security Trust Fund established under section 9512 of the Internal Revenue Code of 1986 to the Maritime Security Board to staff the Board and carry out the duties described in this section. Not later than 180 days after the President establishes the Maritime Security Board under this section, and annually thereafter, the Board shall submit a report to the appropriate committees of Congress describing— the actions that the Board has taken to carry out the duties required of the Board under subsection (b)(2); and a list of recommended actions that the Board recommends Congress take to enhance the strength of the United States maritime industry and support the economic and national security needs of the United States. In this section, the term appropriate committees of Congress has the meaning given that term in section 4 of the SHIPS for America Act of 2024 . . The activities of the United States Committee on the Marine Transportation System shall be carried out by the Maritime Security Board. The Secretary of Transportation, shall take such steps as may be necessary for the orderly transition from the United States Committee on the Marine Transportation System supported pursuant to section 50401 of title 46, United States Code, as in effect on the day the before the date of enactment of this Act, to the Maritime Security Board. Section 50114 of title 46, United States Code, is amended— by striking subsection (a), and inserting the following: Subject to paragraph (2), the Maritime Security Advisor, in consultation with the Maritime Security Board, shall develop a National Maritime Strategy and submit that National Maritime Strategy to the appropriate committees of Congress (as that term is defined in section 4 of the SHIPS for America Act of 2024 ). Notwithstanding paragraph (1), if a national maritime strategy has been developed and submitted in accordance with this section, as in effect on the day before the date of enactment of the SHIPS for America Act of 2024 , in the 1-year period before such date of enactment, the Maritime Security Advisor shall implement and update that national maritime strategy and shall not develop a new national maritime strategy. ; and by striking subsections
(c)and
(d)and inserting the following: Upon the release of a strategy under this section, the Maritime Security Advisor, in consultation with the Maritime Security Board, shall be responsible for implementing the contents and recommendations of the strategy. The Maritime Security Advisor, in coordination with the Maritime Security Board, shall submit to the appropriate committees of Congress (as that term is defined in section 4 of the SHIPS for America Act of 2024 ) an update to the strategy developed under subsection
(a)not less often than every 5 years. Not later than 6 months after the submission of a strategy or update under subsection (a), the Maritime Security Advisor, in consultation with the Maritime Security Board, shall make publicly available on an appropriate website each strategy or updated strategy and an implementation plan for such strategy or update. .
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