II 

116TH CONGRESS 

1ST SESSION S. 2167 

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 SENATE OF THE UNITED STATES 

JULY 18, 2019 

Mr. WICKER introduced the following bill; which was read twice and referred 

to the Committee on Banking, Housing, and Urban Affairs 

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’’. 

6 SEC. 2. NATIONAL POLICY ON STRATEGIC ENERGY ASSET 

7 EXPORT TRANSPORTATION. 

8 (a) LNG EXPORTS.— 

9 (1) FINDINGS.—Congress finds that— 


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1 (A) liquefied natural gas (referred to in 

2 this paragraph as ‘‘LNG’’) is hazardous to na3 tional import and export terminals and ports if 

4 mishandled; 

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

6 export of which should be used to preserve the 

7 tanker fleet and skilled mariner workforce of 

8 the United States, which are essential to na9 tional security; and 

10 (C) for the safety and security of the 

11 United States, LNG should be exported on ves12 sels documented under the laws of the United 

13 States. 

14 (2) REQUIREMENT FOR TRANSPORTATION OF

15 EXPORTS OF NATURAL GAS ON VESSELS DOCU16 MENTED UNDER LAWS OF THE UNITED STATES.— 

17 Section 3 of the Natural Gas Act (15 U.S.C. 717b) 

18 is amended by adding at the end the following: 

19 ‘‘(g) TRANSPORTATION OF EXPORTS OF NATURAL

20 GAS ON VESSELS DOCUMENTED UNDER LAWS OF THE

21 UNITED STATES.— 

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

23 provided in paragraph (7), with respect to an appli24 cation to export natural gas under subsection (a), 

25 the Commission shall include in the order issued for 


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1 that application the condition that the person trans2 port the natural gas on a vessel that meets the re3 quirements described in paragraph (3). 

4 ‘‘(2) PURPOSE.—The purpose of the require5 ment under paragraph (1) is to ensure that, of all 

6 natural gas exported by vessel in a calendar year, 

7 the following percentage is exported by a vessel that 

8 meets the requirements described in paragraph (3): 

9 ‘‘(A) In each of the 7 calendar years fol10 lowing the calendar year in which this sub11 section is enacted, not less than 2 percent. 

12 ‘‘(B) In each of the 8th and 9th calendar 

13 years following the calendar year in which this 

14 subsection is enacted, not less than 3 percent. 

15 ‘‘(C) In each of the 10th and 11th cal16 endar years following the calendar year in 

17 which this subsection is enacted, not less than 

18 4 percent. 

19 ‘‘(D) In each of the 12th and 13th cal20 endar years following the calendar year in 

21 which this subsection is enacted, not less than 

22 6 percent. 

23 ‘‘(E) In each of the 14th and 15th cal24 endar years following the calendar year in 


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1 which this subsection is enacted, not less than 

2 7 percent. 

3 ‘‘(F) In each of the 16th and 17th cal4 endar years following the calendar year in 

5 which this subsection is enacted, not less than 

6 9 percent. 

7 ‘‘(G) In each of the 18th and 19th cal8 endar years following the calendar year in 

9 which this subsection is enacted, not less than 

10 11 percent. 

11 ‘‘(H) In each of the 20th and 21st cal12 endar years following the calendar year in 

13 which this subsection is enacted, not less than 

14 13 percent. 

15 ‘‘(I) In the 22nd calendar year after the 

16 calendar year in which this subsection is en17 acted and each calendar year thereafter, not 

18 less than 15 percent. 

19 ‘‘(3) REQUIREMENTS FOR VESSELS.—A vessel 

20 meets the requirements described in this para21 graph— 

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

23 years following the calendar year in which this 

24 subsection is enacted— 

25 ‘‘(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 natural gas— 

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 (4) 

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 04:32 Jul 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2167.IS S2167

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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 (4) are manu5 factured in the United States; and 

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

7 following the calendar year in which this sub8 section is enacted, and each calendar year 

9 thereafter, if the vessel meets the requirements 

10 of subparagraph (A)(ii). 

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

13 ‘‘(A) Air circuit breakers. 

14 ‘‘(B) Welded shipboard anchor and moor15 ing chain with a diameter of 4 inches or less. 

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

17 Federal Supply Classes 4810 and 4820 used in 

18 piping. 

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

20 Classes for metal-working machinery numbered 

21 3405, 3408, 3410 through 3419, 3426, 3433, 

22 3438, 3441 through 3443, 3445, 3446, 3448, 

23 3449, 3460, and 3461. 

24 ‘‘(E) Auxiliary equipment for shipboard 

25 services, including pumps. 


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1 ‘‘(F) Propulsion equipment, including en2 gines, propulsion motors, reduction gears, and 

3 propellers. 

4 ‘‘(G) Shipboard cranes. 

5 ‘‘(H) Spreaders for shipboard cranes. 

6 ‘‘(I) Rotating electrical equipment, includ7 ing electrical alternators and motors. 

8 ‘‘(J) Compressors, pumps, and heat ex9 changers used in managing and re-liquefying 

10 boil-off gas from liquefied natural gas. 

11 ‘‘(5) WAIVER AUTHORITY.—The Commission 

12 may waive the requirement under clause (i)(II)(bb) 

13 or (ii)(IV), as applicable, of paragraph (3)(A) with 

14 respect to a component of a vessel if the Maritime 

15 Administrator determines that— 

16 ‘‘(A) application of the requirement 

17 would— 

18 ‘‘(i) result in an increase of 25 per19 cent or more in the cost of the component 

20 of the vessel; or 

21 ‘‘(ii) cause unreasonable delays to be 

22 incurred in building or retrofitting the ves23 sel; or 

24 ‘‘(B) such component is not manufactured 

25 in the United States in sufficient and reasonVerDate Sep 11 2014 04:32 Jul 20, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2167.IS S2167

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1 ably available quantities of a satisfactory qual2 ity. 

3 ‘‘(6) OPPORTUNITIES FOR LICENSED AND UNLI4 CENSED MARINERS.—Except as provided in para5 graph (7), the Commission shall include, in any 

6 order issued under subsection (a) that authorizes a 

7 person to export natural gas, a condition that the 

8 person provide opportunities for United States li9 censed and unlicensed mariners to receive experience 

10 and training necessary to become credentialed in 

11 working on a vessel transporting natural gas. 

12 ‘‘(7) 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 (6), 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 ‘‘(8) USE OF FEDERAL INFORMATION.—In car24 rying out paragraph (1), the Commission— 


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1 ‘‘(A) shall use information made available 

2 by— 

3 ‘‘(i) the Energy Information Adminis4 tration; or 

5 ‘‘(ii) any other Federal agency or enti6 ty the Commission determines appropriate; 

7 and 

8 ‘‘(B) may use information made available 

9 by a private entity only if applicable informa10 tion described in subparagraph (A) is not avail11 able.’’. 

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

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

14 amended by striking ‘‘or the exportation of natural 

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

16 exportation of natural gas’’. 

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

18 O of the Consolidated Appropriations Act, 2016 (42 

19 U.S.C. 6212a) is amended— 

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

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

22 (f)’’; and 

23 (2) by adding at the end the following: 


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1 ‘‘(f) TRANSPORTATION OF EXPORTS OF CRUDE OIL

2 ON VESSELS DOCUMENTED UNDER LAWS OF THE

3 UNITED STATES.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (6), as a condition to export crude oil, the 

6 President shall require that a person exporting crude 

7 oil transport the crude oil on a vessel that meets the 

8 requirements described in paragraph (3). 

9 ‘‘(2) PURPOSE.—The purpose of the require10 ment under paragraph (1) is to ensure that, of all 

11 crude oil exported by vessel in a calendar year, the 

12 following percentage is exported by a vessel that 

13 meets the requirements described in paragraph (3): 

14 ‘‘(A) In each of the 7 calendar years fol15 lowing the calendar year in which this sub16 section is enacted, not less than 3 percent. 

17 ‘‘(B) In each of the 8th, 9th, and 10th cal18 endar years following the calendar year in 

19 which this subsection is enacted, not less than 

20 6 percent. 

21 ‘‘(C) In each of the 11th, 12th, and 13th 

22 calendar years following the calendar year in 

23 which this subsection is enacted, not less than 

24 8 percent. 


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1 ‘‘(D) In the 14th calendar year following 

2 the calendar year in which this subsection is en3 acted and each calendar year thereafter, not 

4 less than 10 percent. 

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

6 meets the requirements described in this para7 graph— 

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

9 years following the calendar year in which this 

10 subsection 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 crude oil— 

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 (4) 

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 (4) are manu15 factured in the United States; and 

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

17 following the calendar year in which this sub18 section is enacted and each calendar year there19 after, if the vessel meets the requirements of 

20 subparagraph (A)(ii). 

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

23 ‘‘(A) Air circuit breakers. 

24 ‘‘(B) Welded shipboard anchor and moor25 ing chain with a diameter of four inches or less. 


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

2 Federal Supply Classes 4810 and 4820 used in 

3 piping. 

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

5 Classes for metal-working machinery numbered 

6 3405, 3408, 3410 through 3419, 3426, 3433, 

7 3438, 3441 through 3443, 3445, 3446, 3448, 

8 3449, 3460, and 3461. 

9 ‘‘(E) Auxiliary equipment for shipboard 

10 services, including pumps. 

11 ‘‘(F) Propulsion equipment, including en12 gines, propulsion motors, reduction gears, and 

13 propellers. 

14 ‘‘(G) Shipboard cranes. 

15 ‘‘(H) Spreaders for shipboard cranes. 

16 ‘‘(I) Rotating electrical equipment, includ17 ing electrical alternators and motors. 

18 ‘‘(5) WAIVER AUTHORITY.—The President may 

19 waive the requirement under clause (i)(II)(bb) or 

20 clause (ii)(IV), as applicable, of paragraph (3)(A) 

21 with respect to a component of a vessel if the Mari22 time Administrator determines that— 

23 ‘‘(A) application of the requirement 

24 would— 


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1 ‘‘(i) result in an increase of 25 per2 cent or more in the cost of the component 

3 of the vessel; or 

4 ‘‘(ii) cause unreasonable delays to be 

5 incurred in building or retrofitting the ves6 sel; or 

7 ‘‘(B) such component is not manufactured 

8 in the United States in sufficient and reason9 ably available quantities of a satisfactory qual10 ity. 

11 ‘‘(6) EXCEPTION.—The President may not, 

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

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

14 trade agreement requiring national treatment for 

15 trade in crude oil if the United States Trade Rep16 resentative certifies to the President, in writing, that 

17 such condition would violate obligations of the 

18 United States under such free trade agreement. 

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 ‘‘(8) USE OF FEDERAL INFORMATION.—In car2 rying out paragraph (1), the President— 

3 ‘‘(A) shall use information made available 

4 by— 

5 ‘‘(i) the Energy Information Adminis6 tration; or 

7 ‘‘(ii) any other Federal agency or enti8 ty the Commission determines appropriate; 

9 and 

10 ‘‘(B) may use information made available 

11 by a private entity only if applicable informa12 tion described in subparagraph (A) is not avail13 able.’’. 

14 SEC. 3. ENERGY INFORMATION ADMINISTRATION INFOR15 MATION. 

16 The Secretary of Energy, acting through the Admin17 istrator of the Energy Information Administration (re18 ferred to in this section as the ‘‘Secretary’’), shall collect, 

19 and make readily available to the public on the internet 

20 website of the Energy Information Administration, infor21 mation on exports by vessel of natural gas and crude oil, 

22 including— 

23 (1) forecasts for, and data on, those exports for 

24 the calendar year following the calendar year in 


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1 which this Act is enacted and each calendar year 

2 thereafter; and 

3 (2) forecasts for those exports for multiyear pe4 riods after the date of enactment of this Act, as de5 termined appropriate by the Secretary. 

Æ 


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