I 

116TH CONGRESS 

1ST SESSION H. R. 3829 

To require a certain percentage of natural gas and crude oil exports be 

transported on United States-built and United States-flag vessels, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 18, 2019 

Mr. GARAMENDI (for himself, Mr. SEAN PATRICK MALONEY of New York, Mr. 

FITZPATRICK, Mr. VAN DREW, Mr. WITTMAN, Mr. POCAN, Mr. HUNTER, 

Mrs. NAPOLITANO, Mr. KING of New York, Ms. BARRAGA ́N, Ms. 

BROWNLEY of California, Mr. LARSEN of Washington, Mr. LOWENTHAL, 

Mr. GOLDEN, Mrs. WATSON COLEMAN, Mr. COURTNEY, Mr. NORCROSS, 

and Mrs. LURIA) introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committee 

on Foreign Affairs, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To require a certain percentage of natural gas and crude 

oil exports be transported on United States-built and 

United States-flag vessels, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Energizing American 

5 Shipbuilding Act of 2019’’. 


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1 SEC. 2. NATIONAL POLICY ON STRATEGIC ENERGY ASSET 

2 EXPORT TRANSPORTATION. 

3 (a) LNG EXPORTS.— 

4 (1) FINDINGS.—Congress finds the following: 

5 (A) Liquefied natural gas (LNG) is haz6 ardous to national import and export terminals 

7 and ports when mishandled. 

8 (B) LNG is a strategic national asset, the 

9 export of which should be used to preserve the 

10 United States tanker fleet and skilled mariner 

11 workforce that are essential to national secu12 rity. 

13 (C) For the safety and security of the 

14 United States, LNG should be exported on ves15 sels documented under the laws of the United 

16 States. 

17 (2) REQUIREMENT.—Section 3 of the Natural 

18 Gas Act (15 U.S.C. 717b) is amended by adding at 

19 the end the following: 

20 ‘‘(g) TRANSPORTATION OF EXPORTS OF NATURAL

21 GAS ON VESSELS DOCUMENTED UNDER LAWS OF THE

22 UNITED STATES.— 

23 ‘‘(1) CONDITION FOR APPROVAL.—Except as 

24 provided in paragraph (5), the Commission shall in25 clude in an order issued under subsection (a) that 

26 authorizes a person to export natural gas a condition 


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1 that the person transport the natural gas on vessels 

2 that meet the requirements described in paragraph 

3 (2) (including vessels with respect to which a waiver 

4 is in place for the requirement under paragraph 

5 (2)(A)(i)(II)(bb) or the requirement under para6 graph (2)(A)(ii)(IV), as applicable), so as to ensure 

7 the following: 

8 ‘‘(A) A minimum of two percent of the 

9 natural gas that is exported by vessel is trans10 ported on such vessels in each of the 7 calendar 

11 years after the calendar year in which this sub12 section is enacted. 

13 ‘‘(B) A minimum of three percent of the 

14 natural gas that is exported by vessel is trans15 ported on such vessels in each of the 8th and 

16 9th calendar years after the calendar year in 

17 which this subsection is enacted. 

18 ‘‘(C) A minimum of four percent of the 

19 natural gas that is exported by vessel is trans20 ported on such vessels in each of the 10th and 

21 11th calendar years after the calendar year in 

22 which this subsection is enacted. 

23 ‘‘(D) A minimum of six percent of the nat24 ural gas that is exported by vessel is trans25 ported on such vessels in each of the 12th and 


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1 13th calendar years after the calendar year in 

2 which this subsection is enacted. 

3 ‘‘(E) A minimum of seven percent of the 

4 natural gas that is exported by vessel is trans5 ported on such vessels in each of the 14th and 

6 15th calendar years after the calendar year in 

7 which this subsection is enacted. 

8 ‘‘(F) A minimum of nine percent of the 

9 natural gas that is exported by vessel is trans10 ported on such vessels in each of the 16th and 

11 17th calendar years after the calendar year in 

12 which this subsection is enacted. 

13 ‘‘(G) A minimum of eleven percent of the 

14 natural gas that is exported by vessel is trans15 ported on such vessels in each of the 18th and 

16 19th calendar years after the calendar year in 

17 which this subsection is enacted. 

18 ‘‘(H) A minimum of thirteen percent of the 

19 natural gas that is exported by vessel is trans20 ported on such vessels in each of the 20th and 

21 21st calendar years after the calendar year in 

22 which this subsection is enacted. 

23 ‘‘(I) A minimum of fifteen percent of the 

24 natural gas that is exported by vessel is trans25 ported on such vessels in— 


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1 ‘‘(i) the 22nd calendar year after the 

2 calendar year in which this subsection is 

3 enacted; and 

4 ‘‘(ii) in each calendar year thereafter. 

5 ‘‘(2) REQUIREMENTS FOR VESSELS.—A vessel 

6 meets the requirements described in this para7 graph— 

8 ‘‘(A) with respect to each of the 5 calendar 

9 years after the calendar year in which this sub10 section is enacted— 

11 ‘‘(i) if— 

12 ‘‘(I) the vessel is documented 

13 under the laws of the United States; 

14 and 

15 ‘‘(II) with respect to any retrofit 

16 work necessary for the vessel to ex17 port natural gas— 

18 ‘‘(aa) such work is done in a 

19 shipyard in the United States; 

20 and 

21 ‘‘(bb) any component of the 

22 vessel listed in paragraph (3) 

23 that is installed during the 

24 course of such work is manufac25 tured in the United States; or 


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1 ‘‘(ii) if— 

2 ‘‘(I) the vessel is built in the 

3 United States; 

4 ‘‘(II) the vessel is documented 

5 under the laws of the United States; 

6 ‘‘(III) all major components of 

7 the hull or superstructure of the ves8 sel are manufactured (including all 

9 manufacturing processes from the ini10 tial melting stage through the applica11 tion of coatings for iron or steel prod12 ucts) in the United States; and 

13 ‘‘(IV) the components of the ves14 sel listed in paragraph (3) are manu15 factured in the United States; and 

16 ‘‘(B) with respect to the 6th calendar year 

17 after the calendar year in which this subsection 

18 is enacted and each calendar year thereafter, if 

19 the vessel meets the requirements of subpara20 graph (A)(ii). 

21 ‘‘(3) COMPONENTS.—The components of a ves22 sel listed in this paragraph are the following compo23 nents: 

24 ‘‘(A) Air circuit breakers. 


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1 ‘‘(B) Welded shipboard anchor and moor2 ing chain with a diameter of four inches or less. 

3 ‘‘(C) Powered and non-powered valves in 

4 Federal Supply Classes 4810 and 4820 used in 

5 piping. 

6 ‘‘(D) Machine tools in the Federal Supply 

7 Classes for metal-working machinery numbered 

8 3405, 3408, 3410 through 3419, 3426, 3433, 

9 3438, 3441 through 3443, 3445, 3446, 3448, 

10 3449, 3460, and 3461. 

11 ‘‘(E) Auxiliary equipment for shipboard 

12 services, including pumps. 

13 ‘‘(F) Propulsion equipment, including en14 gines, propulsion motors, reduction gears, and 

15 propellers. 

16 ‘‘(G) Shipboard cranes. 

17 ‘‘(H) Spreaders for shipboard cranes. 

18 ‘‘(I) Rotating electrical equipment, includ19 ing electrical alternators and motors. 

20 ‘‘(J) Compressors, pumps, and heat ex21 changers used in managing and re-liquifying 

22 boil-off gas from liquefied natural gas. 

23 ‘‘(4) WAIVER AUTHORITY.—The Commission 

24 may waive the requirement under paragraph 

25 (2)(A)(i)(II)(bb) or paragraph (2)(A)(ii)(IV), as apVerDate Sep 11 2014 04:33 Jul 20, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3829.IH H3829

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1 plicable, with respect to a component of a vessel if 

2 the Maritime Administrator determines that— 

3 ‘‘(A) application of the requirement would 

4 cause a cost increase of more than 25 percent 

5 for such component or unreasonable delays to 

6 be incurred in building or retrofitting the ves7 sel; or 

8 ‘‘(B) such component is not manufactured 

9 in the United States in sufficient and reason10 ably available quantities of a satisfactory qual11 ity. 

12 ‘‘(5) EXCEPTION.—The Commission may not 

13 include in any order issued under subsection (a) au14 thorizing a person to export natural gas to a nation 

15 with which there is in effect a free trade agreement 

16 requiring national treatment for trade in natural gas 

17 a condition described in paragraph (1), or a condi18 tion described in paragraph (7), if the United States 

19 Trade Representative certifies to the Commission, in 

20 writing, that such condition would violate obligations 

21 of the United States under such free trade agree22 ment. 

23 ‘‘(6) USE OF FEDERAL INFORMATION.—In car24 rying out paragraph (1), the Commission— 


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1 ‘‘(A) shall utilize information made avail2 able by the Energy Information Administration, 

3 or by any other Federal agency or entity the 

4 Commission determines appropriate; and 

5 ‘‘(B) may not utilize information made 

6 available by a private entity unless applicable 

7 information described in subparagraph (A) is 

8 not available. 

9 ‘‘(7) OPPORTUNITIES FOR LICENSED AND UNLI10 CENSED MARINERS.—Except as provided in para11 graph (5), the Commission shall include in any order 

12 issued under subsection (a) that authorizes a person 

13 to export natural gas a condition that the person 

14 provide opportunities for United States licensed and 

15 unlicensed mariners to receive experience and train16 ing necessary to become credentialed in working on 

17 a vessel transporting natural gas.’’. 

18 (3) CONFORMING AMENDMENT.—Section 3(c) 

19 of the Natural Gas Act (15 U.S.C. 717b(c)) is 

20 amended by striking ‘‘or the exportation of natural 

21 gas’’ and inserting ‘‘or, subject to subsection (g), the 

22 exportation of natural gas’’. 

23 (b) CRUDE OIL.—Section 101 of title I of division 

24 O of the Consolidated Appropriations Act, 2016 (42 

25 U.S.C. 6212a) is amended— 


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1 (1) in subsection (b), by striking ‘‘subsections 

2 (c) and (d)’’ and inserting ‘‘subsections (c), (d), and 

3 (e)’’; 

4 (2) by redesignating subsection (e) as sub5 section (f); and 

6 (3) by inserting after subsection (d) the fol7 lowing: 

8 ‘‘(e) TRANSPORTATION OF EXPORTS OF CRUDE OIL

9 ON VESSELS DOCUMENTED UNDER LAWS OF THE

10 UNITED STATES.— 

11 ‘‘(1) CONDITION.—Except as provided in para12 graph (5), as a condition to export crude oil, the 

13 President shall require the person exporting the 

14 crude oil to transport the exports on vessels that 

15 meet the requirements described in paragraph (2) 

16 (including vessels with respect to which a waiver is 

17 in place for the requirement under paragraph 

18 (2)(A)(i)(II)(bb) or the requirement under para19 graph (2)(A)(ii)(IV), as applicable), so as to ensure 

20 the following: 

21 ‘‘(A) A minimum of three percent of crude 

22 oil exported by vessel is transported on such 

23 vessels in each of the 7 calendar years after the 

24 calendar year in which this subsection is en25 acted. 


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1 ‘‘(B) A minimum of six percent of crude 

2 oil exported by vessel is transported on such 

3 vessels in each of the 8th, 9th, and 10th cal4 endar years after the calendar year in which 

5 this subsection is enacted. 

6 ‘‘(C) A minimum of eight percent of crude 

7 oil exported by vessel is transported on such 

8 vessels in each of the 11th, 12th, and 13th cal9 endar years after the calendar year in which 

10 this subsection is enacted. 

11 ‘‘(D) A minimum of ten percent of crude 

12 oil exported by vessel is transported on such 

13 vessels— 

14 ‘‘(i) in the 14th calendar year after 

15 the calendar year in which this subsection 

16 is enacted; and 

17 ‘‘(ii) in each calendar year thereafter. 

18 ‘‘(2) REQUIREMENTS FOR VESSELS.—A vessel 

19 meets the requirements described in this paragraph 

20 if— 

21 ‘‘(A) with respect to each of the 4 calendar 

22 years after the calendar year in which this sub23 section is enacted— 

24 ‘‘(i) if— 


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1 ‘‘(I) the vessel is documented 

2 under the laws of the United States; 

3 and 

4 ‘‘(II) with respect to any retrofit 

5 work necessary for the vessel to ex6 port crude oil— 

7 ‘‘(aa) such work is done in a 

8 shipyard in the United States; 

9 and 

10 ‘‘(bb) any component of the 

11 vessel listed in paragraph (3) 

12 that is installed during the 

13 course of such work is manufac14 tured in the United States; or 

15 ‘‘(ii) if— 

16 ‘‘(I) the vessel is built in the 

17 United States; 

18 ‘‘(II) the vessel is documented 

19 under the laws of the United States; 

20 ‘‘(III) all major components of 

21 the hull or superstructure of the ves22 sel are manufactured (including all 

23 manufacturing processes from the ini24 tial melting stage through the applicaVerDate Sep 11 2014 04:33 Jul 20, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3829.IH H3829

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1 tion of coatings for iron or steel prod2 ucts) in the United States; and 

3 ‘‘(IV) the components of the ves4 sel listed in paragraph (3) are manu5 factured in the United States; and 

6 ‘‘(B) with respect to the 5th calendar year 

7 after the calendar year in which this subsection 

8 is enacted and each calendar year thereafter, if 

9 the vessel meets the requirements of subpara10 graph (A)(ii). 

11 ‘‘(3) COMPONENTS.—The components of a ves12 sel listed in this paragraph are the following compo13 nents: 

14 ‘‘(A) Air circuit breakers. 

15 ‘‘(B) Welded shipboard anchor and moor16 ing chain with a diameter of four inches or less. 

17 ‘‘(C) Powered and non-powered valves in 

18 Federal Supply Classes 4810 and 4820 used in 

19 piping. 

20 ‘‘(D) Machine tools in the Federal Supply 

21 Classes for metal-working machinery numbered 

22 3405, 3408, 3410 through 3419, 3426, 3433, 

23 3438, 3441 through 3443, 3445, 3446, 3448, 

24 3449, 3460, and 3461. 


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1 ‘‘(E) Auxiliary equipment for shipboard 

2 services, including pumps. 

3 ‘‘(F) Propulsion equipment, including en4 gines, propulsion motors, reduction gears, and 

5 propellers. 

6 ‘‘(G) Shipboard cranes. 

7 ‘‘(H) Spreaders for shipboard cranes. 

8 ‘‘(I) Rotating electrical equipment, includ9 ing electrical alternators and motors. 

10 ‘‘(4) WAIVER AUTHORITY.—The President may 

11 waive the requirement under paragraph 

12 (2)(A)(i)(II)(bb) or the requirement under para13 graph (2)(A)(ii)(IV), as applicable, with respect to a 

14 component of a vessel if the Maritime Administrator 

15 determines that— 

16 ‘‘(A) application of the requirement would 

17 cause a cost increase of more than 25 percent 

18 for such component or unreasonable delays to 

19 be incurred in building or retrofitting the ves20 sel; or 

21 ‘‘(B) such component is not manufactured 

22 in the United States in sufficient and reason23 ably available quantities of a satisfactory qual24 ity. 


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1 ‘‘(5) EXCEPTION.—The President may not, 

2 under paragraph (1), condition the export of crude 

3 oil to a nation with which there is in effect a free 

4 trade agreement requiring national treatment for 

5 trade in crude oil if the United States Trade Rep6 resentative certifies to the President, in writing, that 

7 such condition would violate obligations of the 

8 United States under such free trade agreement. 

9 ‘‘(6) USE OF FEDERAL INFORMATION.—In car10 rying out paragraph (1), the President— 

11 ‘‘(A) shall utilize information made avail12 able by the Energy Information Administration, 

13 or by any other Federal agency or entity the 

14 President determines appropriate; and 

15 ‘‘(B) may not utilize information made 

16 available by a private entity unless applicable 

17 information described in subparagraph (A) is 

18 not available. 

19 ‘‘(7) OPPORTUNITIES FOR LICENSED AND UNLI20 CENSED MARINERS.—The Maritime Administrator 

21 shall ensure that each exporter of crude oil by vessel 

22 provides opportunities for United States licensed and 

23 unlicensed mariners to receive experience and train24 ing necessary to become credentialed in working on 

25 such vessels.’’. 


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1 SEC. 3. ENERGY INFORMATION ADMINISTRATION INFOR2 MATION. 

3 The Secretary of Energy, acting through the Admin4 istrator of the Energy Information Administration, shall 

5 collect, and make readily available to the public on the 

6 Internet website of the Energy Information Administra7 tion, information on exports by vessel of natural gas and 

8 crude oil, including— 

9 (1) forecasts for, and data on, such exports 

10 for— 

11 (A) the calendar year after the calendar 

12 year in which this Act is enacted; and 

13 (B) each calendar year thereafter; and 

14 (2) forecasts for such exports for multi-year pe15 riods after the date of enactment of this Act, as de16 termined appropriate by the Administrator. 

Æ 


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