[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2373 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2373
To reinstate certain laws relating to minimum tonnage of agricultural
commodities and products, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2023
Mr. Garamendi introduced the following bill; which was referred to the
Committee on Armed Services, and in addition to the Committee on
Transportation and Infrastructure, 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 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Progress in the 21st Century Act (Public Law 112-141) is repealed, and
any provision of law amended or repealed by such section is restored or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Bipartisan Budget Act of 2013 (Public Law 113-67) is repealed, and any
provision of law amended or repealed by such section is restored or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. REPORTS TO CONGRESS.
(a) Report on Implementation of Military Cargo Preference.--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).
(b) Report on Port Preferences for US-Flag Vessels.--Not later than
1 year after the date of enactment of this Act, the Secretary of
Transportation shall submit to Congress a report on the preference, if
any, afforded by each port authority or marine terminal operator, as
applicable, to vessels documented under the laws of the United States,
including such vessels--
(1) operated by an armed force (as such term is defined in
section 101(4) of title 10, United States Code);
(2) participating in the Maritime Security Program or the
Emergency Preparedness Program under chapter 531 of title 46,
United States Code, the Cable Security Fleet under chapter 532
of such title, the Tanker Security Fleet under chapter 534 of
such title, or the National Defense Reserve Fleet under section
57100 of such title; and
(3) with a coastwise endorsement under chapter 121 of title
46, United States Code.
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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