Document N28dYr4D3nz4bEv5VQjn9apVR

BOM24567 S6J S.L.C. 48 1 in section 4 of the SHIPS for America Act of 2024) 2 at any time during the 3 years preceding the date 3 of the determination of the application of subsection 4 (a).". 5 TITLE III SEALIFT CAPABILITY 6 SEC. 301. SEALIFT CAPABILITY. 7 (a) IN GENERAL.--Subtitle V of title 46, United 8 States Code, is amended by adding at the end the fol- 9 lowing: 10 "PART H--STRATEGIC SEALIFT "Sec. "59101. Objectives and policy. "59102. Procurement, maintenance, and operation. "59103. Sealift prioritization. "59104. International agreements. "59105. Briefing on shipbuilding capacity. "59106. Briefing on privileging fleet. "59107. Report on privilege. "59108. Report on requirements for sealift force deployment. "59109. Assessment on marine infrastructure readiness. 11 " 59101. Objectives and policy 12 "(a) OBJECTIVES.-It is necessary for the national 13 defense and economic security of the United States that 14 the United States have a fleet of vessels of the United 15 States capable of providing and supporting strategic sea- 16 lift- 17 "(1) sufficient to meet defense deployment and 18 essential economic activities for the United States in 19 times of crisis or war; OST-2025-1200 Page 00419 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012100 BOM24567 S6J S.L.C. 49 1 "(2) sufficient to respond unilaterally to na- 2 tional security threats in geographic areas not cov- 3 ered by alliance commitments and ensure economic 4 security resilience for United States trade; and 5 "(3) built, operated, and maintained during 6 peace, crisis, and war primarily in the United States 7 to protect and ensure national security resiliency 8 and avoid foreign coercion of critical supply chains. 9 "(b) POLICY.-It is the policy of the United States 10 to encourage and aid the development and maintenance 11 of a fleet of vessels of the United States with strategic 12 sealift capabilities satisfying the objectives described in 13 subsection (a). 14 "(c) STRATEGY REQUIRED.- 15 "(1) IN GENERAL.--The Maritime Security 16 Board shall annually develop a strategy to leverage 17 the financial assistance programs established under 18 part C of this subtitle to expand the fleet of vessels 19 of the United States to meet the minimum number 20 of vessels needed to accomplish the objectives de- 21 scribed under subsection (a). 22 "(2) STRATEGY COMPONENTS.--The strategy 23 developed by the Maritime Security Board shall in- 24 elude-- OST-2025-1200 Page 00420 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012101 BOM24567 S6J S.L.C. 50 1 "(A) annual goals for the number of ves- 2 sels that will be brought into the fleet of vessels 3 of the United States capable of providing stra- 4 tegic sealift utilizing the Maritime Security 5 Fleet under chapter 531 of this title, the Cable 6 Security Fleet under chapter 532 of this title, 7 the Tanker Security Fleet under chapter 534 of 8 this title, the Strategic Commercial Fleet under 9 chapter 536 of this title, and the Shipbuilding 10 Financial Incentives program, consistent with 11 the most recent Mobility Capability Require- 12 meats Study produced by United States Trans- 13 portation Command; and 14 "(B) an assessment of domestic ship- 15 building capacity and a strategy to increase the 16 capacity of the domestic shipbuilding industry 17 utilizing the Shipbuilding Financial Incentives 18 program. 19 "(3) NATIONAL MARITIME STRATEGY.--The 20 strategy developed by the Maritime Security Board 21 under paragraph (1) shall be consistent with the Na- 22 tional Maritime Strategy developed under section 23 50114. 24 "(d) REPORT REQUIRED.- OST-2025-1200 Page 00421 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012102 BOM24567 S6J S.L.C. 51 1 "(1) IN GENERAL.--Upon completion, the Mari- 2 time Security Board shall transmit to the appro- 3 priate committees of Congress a summary of the 4 strategy developed under subsection (c), with a clas- 5 sified annex as necessary. 6 "(2) DEFINITION.-In this part, the term `ap- 7 propriate committees of Congress' has the meaning 8 given that term in section 4 of the SHIPS for Amer- 9 ica Act of 2024. 10 " 59102. Procurement, maintenance, and operation 11 "(a) STATEMENT OF POLICY.--The Maritime Admin- 12 istrator, in coordination with the Secretary of Defense and 13 the Secretary of Homeland Security, shall build, acquire, 14 maintain, coordinate, support, and operate a sufficient 15 and privileged fleet of vessels of the United States with 16 commercial and military sealift capability. 17 "(b) SUPPLEMENTAL CAPABILITY.-In developing 18 sealift capability under this part, the Secretary of Trans- 19 portation and the Secretary of Defense shall continue to 20 operate a sufficient Maritime Security Fleet under chapter 21 531 of this title, a Cable Security Fleet under chapter 532 22 of this title, a Tanker Security Fleet under chapter 534 23 of this title, the Strategic Commercial Fleet under chapter 24 536 of this title, a Military Sealift Command of the De- 25 partment of the Navy, and a Ready Reserve Force compo- OST-2025-1200 Page 00422 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012103 B0M24567 S6J S.L.C. 52 1 nent of the National Defense Reserve Fleet under section 2 57100 of this title, to provide capacity and resiliency for 3 unilateral United States strategic sealift in peace, crisis, 4 and war. 5 "(c) JUDICIAL REVIEW.--No court shall have juris- 6 diction to review decisions made by the Maritime Adminis- 7 trator, the Secretary of Defense, or the Secretary of 8 Homeland Security with respect to this section. 9 9 59103. Sealift prioritization 10 "(a) IN GENERAL.-In building, acquiring, maintain- 11 ing, coordinating, supporting, and operating a fleet of ves- 12 sels capable of providing sealift capacity during wartime 13 and crisis, the Maritime Administrator, in coordination 14 with the Secretary of Defense, shall ensure the availability 15 of vessels, in the following order of priority: 16 "(1) Commercial vessels of the United States. 17 "(2) Vessels of the United States that are 18 owned and operated by the United States Govern- 19 anent. 20 "(3) Vessels of countries that are defense treaty 21 allies of the United States. 22 "(4) Vessels of countries that are strategic 23 partners of the United States. 24 "(b) JUDICIAL REVIEW.--No court shall have juris- 25 diction to review decisions made by the Maritime Adminis- OST-2025-1200 Page 00423 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012104