Sec. 3541. WAIVER OF NAVIGATION AND VESSEL INSPECTION LAWS

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## SEC. 3541 WAIVER OF NAVIGATION AND VESSEL INSPECTION LAWS Section 501 of title 46, United States Code, is amended— ####

(1)in subsection (b)— #####

(A)by striking paragraph

(1)and inserting the following: > > #### “(1) In general > > Upon a determination by the President that a waiver of the navigation or vessel-inspection laws is necessary in the interest of national defense, the head of an agency responsible for the administration of such laws, may waive compliance with such laws— > > > ##### “(A) > > following a determination in accordance with the requirements of paragraph

(3)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 to meet national defense requirements; > > > ##### “(B) > > not earlier than 48 hours after a waiver request is published under paragraph (6)(A); and > > > ##### “(C) > > on a vessel specific basis to the extent, in the manner, and on the terms the head of such agency, in consultation with the Administrator, acting in such capacity, prescribes.” > ; #####

(B)in paragraph (2)(B) by striking “determinations referred to in paragraph (1)” and inserting “determination referred to in paragraph (1)(A)”; #####

(C)in paragraph

(3)by striking subparagraph

(A)and inserting the following: > > ##### “(A) > > for each determination referred to in paragraph (1)(A)— > > > ###### “(i) > > identify any actions that could be taken to enable qualified United States flag capacity to meet national defense requirements prior to the issuance of a waiver; and > > > ###### “(ii) > > not assess the non-availability of qualified United States flag capacity to meet national defense requirements retrospectively after the date on which a waiver is requested;” > ; and #####

(D)by adding at the end the following: > > #### “(5) Prospective application > > No waiver shall be issued for a vessel if, at the time of the waiver request under this section, such vessel is laden with merchandise that, pursuant to the requested waiver, could be unladen at points or places to which the coastwise laws apply. > > > #### “(6) Publication requirements > > > ##### “(A) Publication of waiver requests > > Upon receiving a request for a waiver under this subsection, the head of an agency referred to in paragraph

(1)shall publish such request on the website of such agency. > > > ##### “(B) Publication of waiver denial > > Not later than 48 hours after denying a waiver requested under this subsection, the head of an agency referred to in paragraph

(1)shall publish on the website of such agency an explanation for denying such waiver, including applicable findings to support the denial.” > ; and ####

(2)in subsection (c)(1)— #####

(A)in the matter preceding subparagraph

(A)by inserting “and the individual requesting such waiver (if not the owner or operator of the vessel)” before “shall submit”; #####

(B)in subparagraph

(C)by striking “and” at the end; #####

(C)by redesignating subparagraphs (B), (C), and

(D)as subparagraphs (C), (D), and (G), respectively; #####

(D)by inserting after subparagraph

(A)the following: > > ##### “(B) > > the name of the owner and operator of the vessel;” > ; and #####

(E)by inserting after subparagraph (D), as so redesignated, the following: > > ##### “(E) > > a description of the cargo carried; > > > ##### “(F) > > an explanation as to why the waiver was in the interest of national defense; and” > .