Document N2zgVGX4jmzmrDdBqvQGO1R6g

BO11124567 S6J S.L.C. 117 SEC. 415. IMPORTATION FROM CHINA ON AMERICAN SHIPS. 2 (a) IN GENERAL.--Chapter 605 of title 46, United 3 States Code, is amended by adding at the end the fol- 4 lowing: 5 " 60508. Importation on American ships 6 "(a) IN GENERAL.--Notwithstanding any other pro- 7 vision of law, not less than the covered percentage, as de- 8 scribed in subsection (b), of covered goods by tonnage im- 9 ported into the United States from a foreign port shall 10 be imported on a vessel that is- 11 "(1) a vessel of the United States; 12 "(2) crewed by United States mariners; and 13 "(3) built in the United States. 14 "(b) PERCENTAGE.-A covered percentage under this 15 section is the following: 16 "(1) One percent in the year that is 5 years 17 after the date of enactment of this section. 18 "(2) Two percent in the year that is 6 years 19 after the date of enactment of this section. 20 "(3) Three percent in the year that is 7 years 21 after the date of enactment of this section. 22 "(4) Four percent in the year that is 8 years 23 after the date of enactment of this section. 24 "(5) Five percent in the year that is 9 years 25 after the date of enactment of this section. OST-2025-1200 Page 00488 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012169 BOM24567 S6J S.L.C. 118 1 "(6) Six percent in the year that is 10 years 2 after the date of enactment of this section. 3 "(7) Seven percent in the year that is 11 years 4 after the date of enactment of this section. 5 "(8) Eight percent in the year that is 12 years 6 after the date of enactment of this section. 7 "(9) Nine percent in the year that is 13 years 8 after the date of enactment of this section. 9 "(10) Ten percent in the year that is 14 years 10 after the date of enactment of this section. 11 "(c) APPLICATION.--The requirement under sub- 12 section (a) shall be applied to any shipper importing goods 13 into the United States that originates from a foreign port 14 or place. 15 "(d) FINE FOR FAILURE TO COMPLY.- 16 "(1) IN GENERAL.--On an annual basis, the 17 Maritime Administrator shall issue a fine to any en- 18 tity failing to comply with the requirements under 19 this section. 20 "(2) AMOUNT.--The amount of a fine under 21 this section shall be in an amount set by the Mari- 22 time Administrator that is greater than the dif- 23 ference in cost between-- OST-2025-1200 Page 00489 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012170 BOM24567 S6J S.L.C. 119 1 "(A) the cost of employing a vessel of the 2 United States that is built in the United States 3 and crewed by United States mariners; and 4 "(B) the cost of employing a foreign vessel, 5 flying a flag of convenience, manufactured out- 6 side of the United States. 7 "(3) USE OF AMOUNTS.--Any amount collected 8 under this subsection shall be deposited in the Mari- 9 time Security Trust Fund. 10 "(e) RULEMAKING REQUIRED.--Not later than 4 11 years after the date of enactment of this section, the Mari- 12 time Administrator, in coordination with the Secretary of 13 Homeland Security and the Chairman of the Federal Mar- 14 itime Commission, shall promulgate a final rule that es- 15 tablishes a system that- 16 "(1) identifies persons and goods that are sub- 17 ject to the requirements of this section; 18 "(2) establishes requirements for such persons 19 and goods that meet the applicable percentages es- 20 tablished under subsection (b); 21 "(3) establishes clear enforcement mechanisms 22 to ensure compliance with this section; and 23 "(4) determines the amount of a fine issued 24 under subsection (d). 25 "(f) DEFINITIONS.-In this section: OST-2025-1200 Page 00490 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012171