Rebuilding the United States-Flag International Fleet Act
Bill: H.R.9102 | Sponsor: Rep. Garamendi, John (D-CA)
Policy area: Transportation and Public Works

Summary:
Rebuilding the United States-Flag International Fleet Act
This bill revises and reinstates certain transportation requirements, including requirements related to the transportation of agricultural products.
For example, the bill reinstates requirements that (1) at least 75% of gross tonnage of seaborne cargo for international food programs be carried on U.S. flagged vessels, and (2) the Department of Transportation reimburse international food programs for any cost premium under the U.S. flagged vessel cargo preference.
Additionally, the bill revises provisions related to cargos procured, furnished, or financed by the federal government, including by authorizing the waiver of U.S. flag requirements for commercial vessels carrying such cargo when the vessels are unavailable at fair and reasonable rates.

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 Representatives 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''.

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Progress in the 21st Century Act (Public Law 112-141) is repealed, and 
any provision of law amended or repealed by such section is restored or 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Bipartisan Budget Act of 2013 (Public Law 113-67) is repealed, and any 
provision of law amended or repealed by such section is restored or 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:
``Sec. 55301. Report on administration of programs
    ``(a) In General.--The Administrator of the Maritime Administration 
shall annually submit to Congress a report on the administration by 
other Federal departments and agencies of programs subject to section 
2631 of title 10, United States Code, and that the Administrator 
determines subject to section 55305 of title 46, United States Code.
    ``(b) Contents.--The report under paragraph (1) shall include--
            ``(1) gross tonnage by department or agency of cargo 
        (equipment, materials, or agricultural products) and by cargo 
        type transported on United States flag vessels versus foreign 
        vessels; and
            ``(2) the total number of United States flag vessels versus 
        foreign vessels contracted by each department 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 section 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 inserting 
        ``75'';
            (3) by redesignating subsection (b) as subsection (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 of Defense, or the 
        Secretary of Transportation declares the existence of an 
        emergency justifying a temporary waiver of this section or 
        section 55314, 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, 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 shall be 
        authorized.
            ``(2) Duration of waiver.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), a waiver issued under this subsection shall be for 
                a period of not more than 60 days.
                    ``(B) Waiver extension.--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) Aggregate duration.--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 3 months in a fiscal year.
            ``(3) Determinations.--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) 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 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) 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, 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) 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, 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 following:
    ``(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--
                            ``(i) the vessel shall remain documented 
                        under the laws of the United States for at 
                        least 3 years; and
                            ``(ii) the vessel owner shall, upon request 
                        of the Secretary, agree to enroll the vessel in 
                        an Emergency Preparedness Program 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 
                        documented 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 vessel 
                        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 Federal Regulations, 
                or successor regulations (commonly known as the 
                `International Traffic in Arms Regulations').
    ``(c) Violation of Agreement.--
            ``(1) In general.--A vessel under an agreement 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.--Section 12112 of title 
        46, United States Code, shall not apply to the seizure and 
        forfeiture of a vessel pursuant to paragraph (1).''; and
            (7) by adding at the end the following:
    ``(g) Audit and Report.--In carrying out this section, 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 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 financed 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)--
                    (A) in paragraph (1) by inserting ``titles I, II, 
                or III of'' after ``carried out under'';
                    (B) in paragraph (4) by striking ``agricultural 
                commodities or their products'' and inserting 
                ``agricultural products'';
                    (C) in paragraph (5) by striking ``agricultural 
                commodities or their products'' and inserting 
                ``agricultural products'';
                    (D) in paragraph (6) by striking ``agricultural 
                commodities or their products'' and inserting 
                ``agricultural products'';
                    (E) in paragraph (7) by striking ``agricultural 
                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 Nutrition Program under section 
        3107 of the Farm Security 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 Administrator of the United States 
Agency for International Development, as applicable, shall submit to 
the appropriate congressional committees, in writing, a notice of any 
waiver 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 
defined in section 3(1) of the Specialty Crops Competitiveness 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 Congress 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 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 Administration 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 include publication in the Federal Register and on the 
        website of the Maritime Administration.
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