Sec. 3531. CARGOES PROCURED, FURNISHED, OR FINANCED BY THE UNITED STATES GOVERNMENT
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## SEC. 3531 CARGOES PROCURED, FURNISHED, OR FINANCED BY THE UNITED STATES GOVERNMENT ###
(a)In General Section 55305 of title 46, United States Code, is amended— ####
(1)by striking subsection (a); ####
(2)by redesignating— #####
(A)subsection
(b)as subsection (a); and #####
(B)subsections (c), (d), and (e), as subsections (d), (e), and (f), respectively; ####
(3)in subsection (a), as so redesignated, by striking “privately-owned commercial vessels of the United States,” and inserting “privately-owned commercial vessels of the United States, as provided under subsection (b),”; ####
(4)by inserting after subsection (a), as so redesignated, the following: > > ### “(b) Eligible Vessels > > To be eligible to carry cargo as provided under subsection (a), a privately-owned commercial vessel shall be documented under the laws of the United States— > > > #### “(1) > > for not less than three years; or > > > #### “(2) > > after January 1, 2030, for less than three years, if the vessel owner signs an agreement with the Secretary providing that— > > > ##### “(A) > > the vessel shall remain documented under the laws of the United States for not less than three years; and > > > ##### “(B) > > the vessel owner shall, upon request of the Secretary, agree to enroll the vessel in an emergency preparedness agreement or voluntary agreement authorized under section 708 of the Defense Production Act of 1950 (50 U.S.C. 4558) and shall ensure the vessel remains so enrolled until the vessel ceases to be documented under the laws of the United States. > > > ### “(c) Violation of Agreement > > A vessel under an agreement executed pursuant to subsection (b)(2) may be seized by, and forfeited to, the United States if, in violation of that agreement— > > > #### “(1) > > the vessel owner places the vessel under foreign registry; or > > > #### “(2) > > a person operates the vessel under the authority of a foreign country.” > ; and ####
(5)by striking subsection (d), as so redesignated, and inserting the following: > > ### “(d) Waivers > > > ####
(1)> > 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 of this title, 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 of this title, 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 of this title shall be authorized. > > > #### “(2) > > > #####
(A)> > Subject to subparagraphs
(B)and (C), a waiver issued under this subsection shall be for a period of not more than 60 days. > > > ##### “(B) > > 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). > > > ##### “(C) > > 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 three months in a fiscal year. > > > #### “(3) > > The Maritime Administrator shall— > > > ##### “(A) > > 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; > > > ##### “(B) > > 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 > > > ##### “(C) > > publish each determination referred to in paragraph (1)— > > > ###### “(i) > > 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 > > > ###### “(ii) > > in the Federal Register. > > > #### “(4) > > The Maritime Administrator shall notify— > > > ##### “(A) > > the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of— > > > ###### “(i) > > any request for a waiver (or an extension thereof) made by the Secretary of Transportation of this section or section 55314(a) of this title by not later than 72 hours after receiving such a request; and > > > ###### “(ii) > > the issuance of any such waiver (or an extension thereof), and why such waiver or extension was necessary, by not later than 72 hours after such issuance; and > > > ##### “(B) > > 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— > > > ###### “(i) > > any request for a waiver (or an extension thereof) made by the Secretary of Defense of this section or section 55314(a) of this title by not later than 72 hours after receiving such a request; and > > > ###### “(ii) > > the issuance of any such waiver (or an extension thereof), and why such waiver or extension was necessary, by not later than 72 hours after such issuance.” > . ###
(b)Small Passenger Vessels With Overnight Accommodations **[**[46 U.S.C. 3306 note](/us/usc/t46/s3306)**]** ####
(1)Extension authority #####
(A)In general The Commandant of the Coast Guard shall not enforce the requirements of section 3306(n)(3)(A)(v) of title 46, United States Code, against an operator of an overnight fishing charter before April 1, 2024. #####
(B)Plan required Not later than April 1, 2024, an operator of an overnight fishing charter not in compliance with such section 3306(n)(3)(A)(v) shall submit to the Commandant a plan for complying with such requirements. #####
(C)Extension On and after April 1, 2024, with respect to an operator of an overnight fishing charter which has submitted a plan for compliance in accordance with subparagraph (B), a captain of the port may extend the period described under subparagraph
(A)until a date not later than January 1, 2026. ####
(2)Limitation Without further Congressional action, a captain of the port may not extend the period of nonenforcement of the requirements of section 3306(n)(3)(A)(v) of title 46, United States Code, with respect to an overnight fishing charter, to a date later than January 1, 2026. ####
(3)Notice to passengers Beginning on the date on which the requirements under section 3306(n)(3)(A)(v) of title 46, United States Code, take effect, the owner or operator of a vessel for which an extension is granted under paragraph (1)(C) shall provide on the website of such owner or operator of the vessel, the vessel, and each ticket for a passenger a prominently displayed notice that the vessel is exempt from meeting the Coast Guard safety compliance standards concerning egress as described in such section. ####
(4)Overnight fishing charter defined In this section, the term “overnight fishing charter” means a vessel that— #####
(A)is engaged in “charter fishing” as such term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802); and #####
(B)has overnight accommodations for passengers.
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Sec. 3531
CARGOES PROCURED, FURNISHED, OR FINANCED BY THE UNITED STATES GOVERNMENT
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