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1930 (19 U.S.C. 1466), and the location where the
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repairs described in such section occurred;
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(2)(A) identifying shipyards of the United
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States that have capacity to carry out vessel repairs;
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and
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(B) describing the extent to which vessels of the
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United States chose to conduct repairs in such ship-
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yards during the period covered by the report;
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(3) evaluating the effectiveness of section 466
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of the Tariff Act of 1930 (19 U.S.C. 1466) in en-
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couraging the repair of vessels of the United States
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in shipyards of the United States; and
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(4) making recommendations for additional reg-
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ulatory or legislative steps which could be taken to
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support the United States vessel repair industrial
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base.
17 Subtitle B Cargo Preference
18 SEC. 411. UNITED STATES GOVERNMENT CARGO.
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(a) SENSE OF CONGRESS.--It is the sense of the Con-
20 gress that-
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(1) only the Maritime Administrator, acting in
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the Administrator's capacity as Director of the Na-
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tional Shipping Authority, has the authority to de-
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termine the non-availability of qualified capacity of
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vessels of the United States (referred to in this sub-
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section as "qualified United States flag capacity")
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at fair and reasonable rates for commercial vessels
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of the United States to meet the requirements of
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section 55305 or 55314 of title 46, United States
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Code;
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(2) the requirements of section 55305 or 55314
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of title 46, United States Code, may only be waived
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temporarily by the President, the Secretary of De-
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fense, or the Secretary of Transportation during a
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declared emergency justifying such a temporary
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waiver, following a determination by the Maritime
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Administrator, acting in the Maritime Administra-
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tor's capacity as Director of the National Shipping
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Authority, of the non-availability of qualified United
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States flag capacity at fair and reasonable rates for
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commercial vessels of the United States pursuant to
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section 55305(d) of title 46, United States Code;
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and
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(3) nothing in title II of the Food for Peace Act
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(7 U.S.C. 1721 et seq.) authorizes the Administrator
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of the United States Agency for International Devel-
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opment or the Secretary of Agriculture to waive the
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requirements of section 55305 or 55314 of title 46,
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United States Code, without first obtaining--
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(A) delegated authority from the President
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of the United States;
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(B) an emergency declaration justifying
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such a temporary waiver, pursuant to section
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55305(d) of title 46, United States Code; and
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(C) a determination by the Maritime Ad-
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ministrator, acting in the Maritime Administra-
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tor's capacity as Director of the National Ship-
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ping Authority, on the non-availability of quali-
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fled United States flag capacity at fair and rea-
1 1
sonable rates for commercial vessels of the
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United States pursuant to section 55305(d) of
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title 46, United States Code.
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(b) APPLICABLE PERCENTAGE.-
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(1) IN GENERAL.--Section 55305(a) of title 46,
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United States Code, is amended by striking "at least
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50" and inserting "100".
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(2) EFFECTIVE DATE.--The amendment made
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by paragraph (1) shall take effect on the date that
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is 180 days after the date of enactment of this Act.
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(c) CLARIFICATION.--Section 55305(d) of title 46,
22 United States Code, is amended-
23
(1) in paragraph (1), by inserting "a consulta-
24
tion with the Maritime Security Board" after "fol-
25
lowing"; and
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(2) in paragraph (3)(B), by inserting "Maritime
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Security Board and the" after "to the".
3 SEC. 412. CARGO PREFERENCE IMPLEMENTATION REGULA-
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TIONS.
5
(a) REGULATIONS AND GUIDANCE.--Not later than
6 180 days after the date of enactment of this Act, the Mari-
7 time Administrator, notwithstanding any other provision
8 of law, regulation, or administrative order, shall-
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(1) promulgate regulations under subchapter
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III of chapter 5 of title 5, United States Code, to
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fully implement and ensure compliance with sections
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55305, 55314, 55315, and 55316 of title 46, United
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States Code;
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(2) issue interagency guidance to other Federal
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departments and agencies on how to administer the
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programs that are subject to such sections in accord-
17
ance with those sections, as applicable; and
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(3) publish such guidance in the Federal Reg-
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ister and on the website of the Maritime Administra-
20
tion.
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(b) CONSULTATION.--The Administrator may consult
22 with the Food Aid Consultative Group established by sec-
23 tion 205 of the Food for Peace Act (7 U.S.C. 1725) in
24 carrying out this section.
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