Energizing American Shipbuilding Act of 2021
Bill: H.R.1819 | Sponsor: Rep. Garamendi, John (D-CA)
Policy area: Energy

Summary:
Energizing American Shipbuilding Act of 2021
This bill directs (1) the Federal Energy Regulatory Commission (FERC) to require specified percentages of liquefied natural gas exports to be transported on vessels built or retrofitted in the United States and documented under its laws, and (2) the President to require specified percentages of crude oil exports to be transported on vessels built or retrofitted in the United States and documented under its laws.
FERC and the President may waive these requirements under specified circumstances.
The Energy Information Administration must collect and publish information on exports of natural gas and crude oil by vessels, including forecasts and data on those exports.

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.

    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 ``Energizing American Shipbuilding Act 
of 2021''.

SEC. 2. NATIONAL POLICY ON STRATEGIC ENERGY ASSET EXPORT 
              TRANSPORTATION.

    (a) LNG Exports.--
            (1) Findings.--Congress finds the following:
                    (A) Liquefied natural gas (LNG) is hazardous to 
                national import and export terminals and ports when 
                mishandled.
                    (B) LNG is a strategic national asset, the export 
                of which should be used to preserve the United States 
                tanker fleet and skilled mariner workforce that are 
                essential to national security.
                    (C) For the safety and security of the United 
                States, LNG should be exported on vessels documented 
                under the laws of the United States.
            (2) Requirement.--Section 3 of the Natural Gas Act (15 
        U.S.C. 717b) is amended by adding at the end the following:
    ``(g) Transportation of Exports of Natural Gas on Vessels 
Documented Under Laws of the United States.--
            ``(1) Condition for approval.--Except as provided in 
        paragraph (5), the Commission shall include in an order issued 
        under subsection (a) that authorizes a person to export natural 
        gas a condition that the person transport the natural gas on 
        vessels that meet the requirements described in paragraph (2) 
        (including vessels with respect to which a waiver is in place 
        for the requirement under paragraph (2)(A)(i)(II)(bb) or the 
        requirement under paragraph (2)(A)(ii)(IV), as applicable), so 
        as to ensure the following:
                    ``(A) A minimum of two percent of the natural gas 
                that is exported by vessel is transported on such 
                vessels in each of the 7 calendar years after the 
                calendar year in which this subsection is enacted.
                    ``(B) A minimum of three percent of the natural gas 
                that is exported by vessel is transported on such 
                vessels in each of the 8th and 9th calendar years after 
                the calendar year in which this subsection is enacted.
                    ``(C) A minimum of four percent of the natural gas 
                that is exported by vessel is transported on such 
                vessels in each of the 10th and 11th calendar years 
                after the calendar year in which this subsection is 
                enacted.
                    ``(D) A minimum of six percent of the natural gas 
                that is exported by vessel is transported on such 
                vessels in each of the 12th and 13th calendar years 
                after the calendar year in which this subsection is 
                enacted.
                    ``(E) A minimum of seven percent of the natural gas 
                that is exported by vessel is transported on such 
                vessels in each of the 14th and 15th calendar years 
                after the calendar year in which this subsection is 
                enacted.
                    ``(F) A minimum of nine percent of the natural gas 
                that is exported by vessel is transported on such 
                vessels in each of the 16th and 17th calendar years 
                after the calendar year in which this subsection is 
                enacted.
                    ``(G) A minimum of eleven percent of the natural 
                gas that is exported by vessel is transported on such 
                vessels in each of the 18th and 19th calendar years 
                after the calendar year in which this subsection is 
                enacted.
                    ``(H) A minimum of thirteen percent of the natural 
                gas that is exported by vessel is transported on such 
                vessels in each of the 20th and 21st calendar years 
                after the calendar year in which this subsection is 
                enacted.
                    ``(I) A minimum of fifteen percent of the natural 
                gas that is exported by vessel is transported on such 
                vessels in--
                            ``(i) the 22nd calendar year after the 
                        calendar year in which this subsection is 
                        enacted; and
                            ``(ii) in each calendar year thereafter.
            ``(2) Requirements for vessels.--A vessel meets the 
        requirements described in this paragraph--
                    ``(A) with respect to each of the 5 calendar years 
                after the calendar year in which this subsection is 
                enacted--
                            ``(i) if--
                                    ``(I) the vessel is documented 
                                under the laws of the United States; 
                                and
                                    ``(II) with respect to any retrofit 
                                work necessary for the vessel to export 
                                natural gas--
                                            ``(aa) such work is done in 
                                        a shipyard in the United 
                                        States; and
                                            ``(bb) any component of the 
                                        vessel listed in paragraph (3) 
                                        that is installed during the 
                                        course of such work is 
                                        manufactured in the United 
                                        States; or
                            ``(ii) if--
                                    ``(I) the vessel is built in the 
                                United States;
                                    ``(II) the vessel is documented 
                                under the laws of the United States;
                                    ``(III) all major components of the 
                                hull or superstructure of the vessel 
                                are manufactured (including all 
                                manufacturing processes from the 
                                initial melting stage through the 
                                application of coatings for iron or 
                                steel products) in the United States; 
                                and
                                    ``(IV) the components of the vessel 
                                listed in paragraph (3) are 
                                manufactured in the United States; and
                    ``(B) with respect to the 6th calendar year after 
                the calendar year in which this subsection is enacted 
                and each calendar year thereafter, if the vessel meets 
                the requirements of subparagraph (A)(ii).
            ``(3) Components.--The components of a vessel listed in 
        this paragraph are the following components:
                    ``(A) Air circuit breakers.
                    ``(B) Welded shipboard anchor and mooring chain 
                with a diameter of four inches or less.
                    ``(C) Powered and non-powered valves in Federal 
                Supply Classes 4810 and 4820 used in piping.
                    ``(D) Machine tools in the Federal Supply Classes 
                for metal-working machinery numbered 3405, 3408, 3410 
                through 3419, 3426, 3433, 3438, 3441 through 3443, 
                3445, 3446, 3448, 3449, 3460, and 3461.
                    ``(E) Auxiliary equipment for shipboard services, 
                including pumps.
                    ``(F) Propulsion equipment, including engines, 
                propulsion motors, reduction gears, and propellers.
                    ``(G) Shipboard cranes.
                    ``(H) Spreaders for shipboard cranes.
                    ``(I) Rotating electrical equipment, including 
                electrical alternators and motors.
                    ``(J) Compressors, pumps, and heat exchangers used 
                in managing and re-liquifying boil-off gas from 
                liquefied natural gas.
            ``(4) Waiver authority.--The Commission may waive the 
        requirement under paragraph (2)(A)(i)(II)(bb) or paragraph 
        (2)(A)(ii)(IV), as applicable, with respect to a component of a 
        vessel if the Maritime Administrator determines that--
                    ``(A) application of the requirement would cause a 
                cost increase of more than 25 percent for such 
                component or unreasonable delays to be incurred in 
                building or retrofitting the vessel; or
                    ``(B) such component is not manufactured in the 
                United States in sufficient and reasonably available 
                quantities of a satisfactory quality.
            ``(5) Exception.--The Commission may not include in any 
        order issued under subsection (a) authorizing a person to 
        export natural gas to a nation with which there is in effect a 
        free trade agreement requiring national treatment for trade in 
        natural gas a condition described in paragraph (1), or a 
        condition described in paragraph (7), if the United States 
        Trade Representative certifies to the Commission, in writing, 
        that such condition would violate obligations of the United 
        States under such free trade agreement.
            ``(6) Use of federal information.--In carrying out 
        paragraph (1), the Commission--
                    ``(A) shall utilize information made available by 
                the Energy Information Administration, or by any other 
                Federal agency or entity the Commission determines 
                appropriate; and
                    ``(B) may not utilize information made available by 
                a private entity unless applicable information 
                described in subparagraph (A) is not available.
            ``(7) Opportunities for licensed and unlicensed mariners.--
        Except as provided in paragraph (5), the Commission shall 
        include in any order issued under subsection (a) that 
        authorizes a person to export natural gas a condition that the 
        person provide opportunities for United States licensed and 
        unlicensed mariners to receive experience and training 
        necessary to become credentialed in working on a vessel 
        transporting natural gas.''.
            (3) Conforming amendment.--Section 3(c) of the Natural Gas 
        Act (15 U.S.C. 717b(c)) is amended by striking ``or the 
        exportation of natural gas'' and inserting ``or, subject to 
        subsection (g), the exportation of natural gas''.
    (b) Crude Oil.--Section 101 of title I of division O of the 
Consolidated Appropriations Act, 2016 (42 U.S.C. 6212a) is amended--
            (1) in subsection (b), by striking ``subsections (c) and 
        (d)'' and inserting ``subsections (c), (d), and (e)'';
            (2) by redesignating subsection (e) as subsection (f); and
            (3) by inserting after subsection (d) the following:
    ``(e) Transportation of Exports of Crude Oil on Vessels Documented 
Under Laws of the United States.--
            ``(1) Condition.--Except as provided in paragraph (5), as a 
        condition to export crude oil, the President shall require the 
        person exporting the crude oil to transport the exports on 
        vessels that meet the requirements described in paragraph (2) 
        (including vessels with respect to which a waiver is in place 
        for the requirement under paragraph (2)(A)(i)(II)(bb) or the 
        requirement under paragraph (2)(A)(ii)(IV), as applicable), so 
        as to ensure the following:
                    ``(A) A minimum of three percent of crude oil 
                exported by vessel is transported on such vessels in 
                each of the 7 calendar years after the calendar year in 
                which this subsection is enacted.
                    ``(B) A minimum of six percent of crude oil 
                exported by vessel is transported on such vessels in 
                each of the 8th, 9th, and 10th calendar years after the 
                calendar year in which this subsection is enacted.
                    ``(C) A minimum of eight percent of crude oil 
                exported by vessel is transported on such vessels in 
                each of the 11th, 12th, and 13th calendar years after 
                the calendar year in which this subsection is enacted.
                    ``(D) A minimum of ten percent of crude oil 
                exported by vessel is transported on such vessels--
                            ``(i) in the 14th calendar year after the 
                        calendar year in which this subsection is 
                        enacted; and
                            ``(ii) in each calendar year thereafter.
            ``(2) Requirements for vessels.--A vessel meets the 
        requirements described in this paragraph if--
                    ``(A) with respect to each of the 4 calendar years 
                after the calendar year in which this subsection is 
                enacted--
                            ``(i) if--
                                    ``(I) the vessel is documented 
                                under the laws of the United States; 
                                and
                                    ``(II) with respect to any retrofit 
                                work necessary for the vessel to export 
                                crude oil--
                                            ``(aa) such work is done in 
                                        a shipyard in the United 
                                        States; and
                                            ``(bb) any component of the 
                                        vessel listed in paragraph (3) 
                                        that is installed during the 
                                        course of such work is 
                                        manufactured in the United 
                                        States; or
                            ``(ii) if--
                                    ``(I) the vessel is built in the 
                                United States;
                                    ``(II) the vessel is documented 
                                under the laws of the United States;
                                    ``(III) all major components of the 
                                hull or superstructure of the vessel 
                                are manufactured (including all 
                                manufacturing processes from the 
                                initial melting stage through the 
                                application of coatings for iron or 
                                steel products) in the United States; 
                                and
                                    ``(IV) the components of the vessel 
                                listed in paragraph (3) are 
                                manufactured in the United States; and
                    ``(B) with respect to the 5th calendar year after 
                the calendar year in which this subsection is enacted 
                and each calendar year thereafter, if the vessel meets 
                the requirements of subparagraph (A)(ii).
            ``(3) Components.--The components of a vessel listed in 
        this paragraph are the following components:
                    ``(A) Air circuit breakers.
                    ``(B) Welded shipboard anchor and mooring chain 
                with a diameter of four inches or less.
                    ``(C) Powered and non-powered valves in Federal 
                Supply Classes 4810 and 4820 used in piping.
                    ``(D) Machine tools in the Federal Supply Classes 
                for metal-working machinery numbered 3405, 3408, 3410 
                through 3419, 3426, 3433, 3438, 3441 through 3443, 
                3445, 3446, 3448, 3449, 3460, and 3461.
                    ``(E) Auxiliary equipment for shipboard services, 
                including pumps.
                    ``(F) Propulsion equipment, including engines, 
                propulsion motors, reduction gears, and propellers.
                    ``(G) Shipboard cranes.
                    ``(H) Spreaders for shipboard cranes.
                    ``(I) Rotating electrical equipment, including 
                electrical alternators and motors.
            ``(4) Waiver authority.--The President may waive the 
        requirement under paragraph (2)(A)(i)(II)(bb) or the 
        requirement under paragraph (2)(A)(ii)(IV), as applicable, with 
        respect to a component of a vessel if the Maritime 
        Administrator determines that--
                    ``(A) application of the requirement would cause a 
                cost increase of more than 25 percent for such 
                component or unreasonable delays to be incurred in 
                building or retrofitting the vessel; or
                    ``(B) such component is not manufactured in the 
                United States in sufficient and reasonably available 
                quantities of a satisfactory quality.
            ``(5) Exception.--The President may not, under paragraph 
        (1), condition the export of crude oil to a nation with which 
        there is in effect a free trade agreement requiring national 
        treatment for trade in crude oil if the United States Trade 
        Representative certifies to the President, in writing, that 
        such condition would violate obligations of the United States 
        under such free trade agreement.
            ``(6) Use of federal information.--In carrying out 
        paragraph (1), the President--
                    ``(A) shall utilize information made available by 
                the Energy Information Administration, or by any other 
                Federal agency or entity the President determines 
                appropriate; and
                    ``(B) may not utilize information made available by 
                a private entity unless applicable information 
                described in subparagraph (A) is not available.
            ``(7) Opportunities for licensed and unlicensed mariners.--
        The Maritime Administrator shall ensure that each exporter of 
        crude oil by vessel provides opportunities for United States 
        licensed and unlicensed mariners to receive experience and 
        training necessary to become credentialed in working on such 
        vessels.''.

SEC. 3. ENERGY INFORMATION ADMINISTRATION INFORMATION.

    The Secretary of Energy, acting through the Administrator of the 
Energy Information Administration, shall collect, and make readily 
available to the public on the Internet website of the Energy 
Information Administration, information on exports by vessel of natural 
gas and crude oil, including--
            (1) forecasts for, and data on, such exports for--
                    (A) the calendar year after the calendar year in 
                which this Act is enacted; and
                    (B) each calendar year thereafter; and
            (2) forecasts for such exports for multi-year periods after 
        the date of enactment of this Act, as determined appropriate by 
        the Administrator.
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