I 
117TH CONGRESS 
2D SESSION 
H. R. 9102 
To reinstate certain laws relating to minimum tonnage of agricultural 
commodities and products, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 30, 2022 
Mr. GARAMENDI (for himself, Mr. GIBBS, and Mr. LOWENTHAL) introduced 
the following bill; which was referred to the Committee on Armed Serv-
ices, and in addition to the Committee on Transportation and Infrastruc-
ture, 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 reinstate certain laws relating to minimum tonnage of 
agricultural commodities and products, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Rebuilding the United 
States-Flag International Fleet Act’’. 
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SEC. 2. REINSTATEMENTS OF MINIMUM TONNAGE AND 
TRANSPORTATION COSTS REIMBURSEMENT. 
(a) REPEAL UNDER MAP–21.—Section 100124 of 
the Moving Ahead for Progress in the 21st Century Act 
(Public Law 112–141) is repealed, and any provision of 
law amended or repealed by such section is restored or 
revived as if such section were not enacted into law. 
(b) REPEAL UNDER BIPARTISAN BUDGET ACT OF 
2013.—Section 602 of the Bipartisan Budget Act of 2013 
(Public Law 113–67) is repealed, and any provision of law 
amended or repealed by such section is restored or revived 
as if such section were not enacted into law. 
(c) REPORT ON ADMINISTRATION OF PROGRAMS.— 
(1) IN
GENERAL.—Chapter 553 of title 46, 
United States Code, is amended by inserting before 
section 55302 the following: 
‘‘§ 55301. Report on administration of programs 
‘‘(a) IN GENERAL.—The Administrator of the Mari-
time Administration shall annually submit to Congress a 
report on the administration by other Federal depart-
ments and agencies of programs subject to section 2631 
of title 10, United States Code, and that the Adminis-
trator determines subject to section 55305 of title 46, 
United States Code. 
‘‘(b) CONTENTS.—The report under paragraph (1) 
shall include— 
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‘‘(1) gross tonnage by department or agency of 
cargo (equipment, materials, or agricultural prod-
ucts) and by cargo type transported on United 
States flag vessels versus foreign vessels; and 
‘‘(2) the total number of United States flag ves-
sels versus foreign vessels contracted by each depart-
ment or agency.’’. 
(2) CLERICAL AMENDMENT.—The analysis for 
chapter 553 of title 46, United States Code, is 
amended by inserting before the item relating to sec-
tion 55302 the following new item: 
‘‘55301. Report on administration of programs.’’. 
SEC. 3. 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) in subsection (b) by striking ‘‘50’’ and in-
serting ‘‘75’’; 
(3) by redesignating subsection (b) as sub-
section (a); 
(4) by striking subsection (c) and inserting the 
following: 
‘‘(c) WAIVERS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, when the President, the Secretary 
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of Defense, or the Secretary of Transportation de-
clares the existence of an emergency justifying a 
temporary waiver of this section or section 55314, 
the President, the Secretary of Defense, or the Sec-
retary of Transportation, following a determination 
by the Maritime Administrator, acting in the Admin-
istrator’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, may 
waive compliance with such section to the extent, in 
the manner, and on the terms the Maritime Admin-
istrator, acting in such capacity, prescribes, and no 
other waivers of the requirements of this section or 
section 55314 shall be authorized. 
‘‘(2) DURATION OF WAIVER.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), a waiver issued under this 
subsection shall be for a period of not more 
than 60 days. 
‘‘(B) WAIVER
EXTENSION.—Upon termi-
nation of the period of a waiver issued under 
this subsection, the Maritime Administrator 
may extend the waiver for an additional period 
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of not more than 30 days, if the Maritime Ad-
ministrator makes the determinations described 
in paragraph (1). 
‘‘(C) AGGREGATE DURATION.—The aggre-
gate 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 
3 months in a fiscal year. 
‘‘(3) DETERMINATIONS.—The Maritime Admin-
istrator 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 sec-
tion 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 Presi-
dent 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 
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after notice of the determination is pro-
vided to the Secretary of Transportation; 
and 
‘‘(ii) in the Federal Register. 
‘‘(4) NOTICE
TO
CONGRESS.—The Maritime 
Administrator shall notify— 
‘‘(A) 
the 
Committee 
on 
Commerce, 
Science, and Transportation of the Senate and 
the Committee on Transportation and Infra-
structure 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) not later than 72 hours after re-
ceiving such a request; and 
‘‘(ii) the issuance of any such waiver 
(or an extension thereof), and why such 
waiver or extension was necessary, 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 Com-
mittee on Transportation and Infrastructure 
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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) not later than 72 hours after re-
ceiving such a request; and 
‘‘(ii) the issuance of any such waiver 
(or an extension thereof), and why such 
waiver or extension was necessary, not 
later than 72 hours after such issuance.’’; 
(5) by redesignating subsections (c) through (e) 
as subsections (d) through (f), respectively; 
(6) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) ELIGIBLE VESSELS.—To be eligible to carry 
cargo under this section, a privately-owned commercial 
vessel— 
‘‘(1) shall be documented under the laws of the 
United States for at least 3 years; or 
‘‘(2) may be documented under the laws of the 
United States for less than 3 years if— 
‘‘(A) the vessel owner signs an agreement 
with the Secretary providing that— 
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‘‘(i) the vessel shall remain docu-
mented under the laws of the United 
States for at least 3 years; and 
‘‘(ii) the vessel owner shall, upon re-
quest of the Secretary, agree to enroll the 
vessel in an Emergency Preparedness Pro-
gram under chapter 531 or voluntary 
agreement authorize under section 708 of 
the Defense Production Act of 1950 (50 
U.S.C. 4558) and shall remain so enrolled 
until the vessel ceases to be documented 
under the laws of the United States; 
‘‘(B) the vessel— 
‘‘(i) is a tank vessel that is 10 years 
of age or less on the date the vessel is doc-
umented under the laws of the United 
States; or 
‘‘(ii) is any other type of vessel that is 
15 years of age or less on the date the ves-
sel is documented under the laws of the 
United States; and 
‘‘(C) the vessel was not originally built in 
a country which is a proscribed country listed 
pursuant to part 126 of title 22, Code of Fed-
eral Regulations, or successor regulations (com-
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monly known as the ‘International Traffic in 
Arms Regulations’). 
‘‘(c) VIOLATION OF AGREEMENT.— 
‘‘(1) IN GENERAL.—A vessel under an agree-
ment described in subsection (b)(2) may be seized by 
and forfeited to the United States if, in violation of 
such agreement— 
‘‘(A) the vessel owner places the vessel 
under foreign registry; or 
‘‘(B) a person operates the vessel under 
the authority of a foreign country. 
‘‘(2) INAPPLICABILITY OF OTHER LAW.—Sec-
tion 12112 of title 46, United States Code, shall not 
apply to the seizure and forfeiture of a vessel pursu-
ant to paragraph (1).’’; and 
(7) by adding at the end the following: 
‘‘(g) AUDIT AND REPORT.—In carrying out this sec-
tion, the Secretary shall annually— 
‘‘(1) audit the list of vessels that are operating 
under an agreement described in subsection (b)(2); 
and 
‘‘(2) submit to Congress a report describing— 
‘‘(A) each of the vessels operating under 
paragraph (2) of section 55305(b) and each 
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agreement signed by the Secretary pursuant to 
such paragraph; 
‘‘(B) the results of any audit described in 
paragraph (1); and 
‘‘(C) any other pertinent information that 
the Secretary determines to be of interest to 
Congress.’’. 
(b) TECHNICAL AMENDMENT.— 
(1) CHAPTER
ANALYSIS.—The analysis for 
chapter 553 of title 46, United States Code, is 
amended by striking the item relating to subchapter 
I and inserting the following: 
‘‘SUBCHAPTER I—GOVERNMENT IMPELLED TRANSPORTATION’’. 
(2) CARGOES PROCURED, FURNISHED, OR FI-
NANCED BY THE UNITED STATES GOVERNMENT.— 
Section 55305(d)(2)(D) of title 46, United States 
Code, is amended by striking ‘‘section 25(c)(1) of 
the Office of Federal Procurement Policy Act (41 
U.S.C. 
1303(a)(1))’’ 
and 
inserting 
‘‘section 
1303(a)(1) of title 41, United States Code,’’. 
SEC. 4. TRANSPORTATION REQUIREMENTS FOR CERTAIN 
EXPORTS SPONSORED BY THE SECRETARY 
OF AGRICULTURE. 
Section 55314 of title 46, United States Code, is 
amended— 
(1) in subsection (b)— 
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(A) in paragraph (1) by inserting ‘‘titles I, 
II, or III of’’ after ‘‘carried out under’’; 
(B) in paragraph (4) by striking ‘‘agricul-
tural commodities or their products’’ and in-
serting ‘‘agricultural products’’; 
(C) in paragraph (5) by striking ‘‘agricul-
tural commodities or their products’’ and in-
serting ‘‘agricultural products’’; 
(D) in paragraph (6) by striking ‘‘agricul-
tural commodities or their products’’ and in-
serting ‘‘agricultural products’’; 
(E) in paragraph (7) by striking ‘‘agricul-
tural commodities’’ and inserting ‘‘agricultural 
products’’; 
(F) by redesignating paragraphs (4), (5), 
(6), and (7) as paragraphs (6), (7), (8), and 
(9), respectively; and 
(G) by inserting after paragraph (3) the 
following: 
‘‘(4) carried out under the Food for Progress 
Act of 1985 (7 U.S.C. 1736o); 
‘‘(5) carried out under the McGovern-Dole 
International Food for Education and Child Nutri-
tion Program under section 3107 of the Farm Secu-
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rity and Rural Investment Act of 2002 (7 U.S.C. 
1736o–1);’’; and 
(2) by adding at the end the following: 
‘‘(d) SUBMISSION TO CONGRESS.—At least once each 
fiscal year, the Secretary of Agriculture or the Adminis-
trator of the United States Agency for International De-
velopment, as applicable, shall submit to the appropriate 
congressional committees, in writing, a notice of any waiv-
er of the requirements of this section and the reasons for 
granting such waiver. 
‘‘(e) AGRICULTURAL PRODUCT DEFINED.—In this 
section, the term ‘agricultural product’ means any food 
product, including an agricultural commodity (as such 
term is defined in section 402 of the Food for Peace Act 
(7 U.S.C. 1732(2))), specialty crop (as such term is de-
fined in section 3(1) of the Specialty Crops Competitive-
ness Act of 2004 (7 U.S.C. 1621 note)), or processed food 
product, exported from the United States.’’. 
SEC. 5. REPORT ON IMPLEMENTATION. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Defense shall submit to Con-
gress a report on the implementation by the Department 
of Defense of the amendments to section 2631 of title 10, 
United States Code, made by section 1024 of the William 
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M. (Mac) Thornberry National Defense Authorization Act 
for Fiscal Year 2021 (Public Law 116–283). 
SEC. 6. REGULATIONS AND GUIDANCE. 
Not later than 180 days after the date of enactment 
of this Act, the Administrator of the Maritime Administra-
tion shall— 
(1) promulgate regulations under subchapter 
III of chapter 5 of title 5, United States Code, to 
fully implement and ensure compliance with section 
2631 of title 10, United States Code, and section 
55305 of title 46, United States Code; and 
(2) issue interagency guidance to other Federal 
departments and agencies on how to administer the 
programs in accordance with such Acts and the 
amendments made by the this Act, which shall in-
clude publication in the Federal Register and on the 
website of the Maritime Administration. 
Æ 
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