Document QXe0K8Kp2QjjevzYboK6OrqGk

BOM24567 S6J S.L.C. 85 1 the Department in which the Coast Guard is oper- 2 ating to ensure that any vessel that is, or was, cov- 3 ered by an operating agreement under this chapter 4 is permanently ineligible for a coastwise endorse- 5 anent under section 12112 of this title or to other- 6 wise participate in the coastwise trade, as required 7 under paragraph (1)(B). 8 "(c) MILESTONES AND PAYMENTS.--The operating 9 agreement shall- 10 "(1) prescribe specific milestones for project 11 completeness, as agreed upon between the Adminis- 12 trator and the covered entity; and 13 "(2) specify the schedule of operating support 14 payments, and as applicable, capital support pay- 15 ments and other incentives and payments, based on 16 completion of such milestones and consistent with 17 the eligible application submitted by the covered en- 18 tity under section 53602(c)(3)(A), as agreed to by 19 the Administrator and the covered entity. 20 "(d) INCENTIVES.- 21 "(1) STATE OF THE ART TECHNOLOGY INCEN- 22 TIVES.--An operating agreement required under 23 subsection (a) may include incentives to support the 24 testing or adoption of state of the art technology, in- 25 eluding artificial intelligence, advanced shipbuilding OST-2025-1200 Page 00456 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012137 B0M24567 S6J S.L.C. 86 1 techniques, automation, modern propulsion systems, 2 environmental performance, crew safety, military 3 features, and other technologies identified by the 4 Maritime Security Board to be relevant in advancing 5 the military and economic security of the United 6 States. 7 "(2) PERFORMANCE INCENTIVES.--The oper- 8 ating agreement may include incentive payments for 9 eligible entities that exceed the milestones estab- 10 fished under subsection (c)(1). 11 "(e) LENGTH OF OPERATING AGREEMENT.- 12 "(1) IN GENERAL.--An operating agreement to 13 participate in the Fleet shall be for a period of 7 14 years. 15 "(2) RENEWAL OF AGREEMENT.- 16 "(A) IN GENERAL.--A covered entity for a 17 vessel participating in the Fleet under an oper- 18 ating agreement under this section may apply 19 to renew such operating agreement. 20 "(B) RENEWAL LIMITATION.--An oper- 21 ating agreement under this section may be re- 22 newed not more than 2 times. 23 "(3) TERMINATION PAYMENT.- 24 "(A) NO-FAULT TERMINATION DURING 25 CONTRACT.--Subject to subparagraph (B), a OST-2025-1200 Page 00457 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012138 B0M24567 S6J S.L.C. 87 1 covered entity for a vessel operating under an 2 operating agreement under this section shall re- 3 ceive a termination payment if any of the fol- 4 lowing applies: 5 "(i) NO-FAULT TERMINATION.--Cap- 6 ital support payments provided to a cov- 7 ered entity under an operating agreement 8 are terminated during a contract term. 9 "(ii) NO-FAULT NON-RENEWAL.--An 10 operating agreement is not selected to be 11 renewed under paragraph (2). 12 "(B) ADMINISTRATOR DETERMINATION 13 FOR MATERIAL LACK OF COMPLIANCE.-In any 14 case in which the Administrator determines 15 under subsection (f) that a covered entity for a 16 vessel operating under an operating agreement 17 under this section materially fails to comply 18 with the terms of the operating agreement and, 19 due to such failure to comply, the operating 20 agreement is terminated or not selected for re- 21 newal, the Administrator may determine that 22 the covered entity is not entitled to a termi- 23 nation payment and subparagraph (A) shall not 24 apply. 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Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012139 B0M24567 S6J S.L.C. 88 1 "(C) TERMINATION PAYMENT DEFINED.- 2 In this paragraph, the term `termination pay- 3 ment' means a payment in an amount that 4 equals 50 percent of- 5 "(i) the percentage of the remaining 6 useful life of the vessel, calculated using 21 7 years as the maximum useful life of the 8 vessel; multiplied by 9 "(ii) the difference in the cost of con- 10 structing the vessel in the United States 11 and the cost of constructing the vessel in 12 a foreign country, to the extent such cost 13 difference was not recovered by the covered 14 entity through payments received under 15 any operating agreement under this sec- 16 tion. 17 "(f) TERMINATION BY ADMINISTRATOR FOR LACK OF 18 PROGRAM PARTICIPANT COMPLIANCE.-If a covered enti- 19 ty for a vessel operating under an operating agreement 20 under this section materially fails to comply with the 21 terms of the operating agreement- 22 "(1) the Administrator shall notify the covered 23 entity and provide a reasonable opportunity to coin- 24 ply with the operating agreement; and OST-2025-1200 Page 00459 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012140 BOM24567 S6J S.L.C. 89 1 "(2) if the covered entity fails to achieve such 2 compliance, the Administrator- 3 "(A) shall terminate the operating agree- 4 ment; 5 "(B) shall not renew the operating agree- 6 ment under subsection (e)(2); and 7 "(C) may take steps to recover an amount 8 equal to the payments and incentives provided 9 to the covered entity under this chapter. 10 "(g) NONRENEWAL FOR LACK OF FUNDS.-If, by the 11 first day of a fiscal year, sufficient funds have not been 12 appropriated under the authority provided by this chapter 13 for that fiscal year, then the Administrator shall notify 14 the appropriate committees of Congress that operating 15 agreements authorized under this chapter for which suffi- 16 cient funds are not available will not be renewed for that 17 fiscal year if sufficient funds are not appropriated by the 18 60th day of that fiscal year. 19 "(h) RELEASE OF VESSELS FROM OBLIGATIONS.- 20 "(1) IN GENERAL.--A vessel covered by an op- 21 erating agreement under this chapter is released 22 from any further obligation under the operating 23 agreement, except for the requirements of subsection 24 (b)(1)(B), if- OST-2025-1200 Page 00460 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012141 BOM24567 S6J S.L.C. 90 1 "(A) the Administrator terminated or did 2 not renew the operating agreement under sub- 3 section (f); or 4 "(B) funds are not appropriated to the Ad- 5 ministrator for payments under the operating 6 agreement under this chapter for any fiscal 7 year by the 60th day of that fiscal year. 8 "(2) AUTHORITY TO TRANSFER VESSEL.- 9 "(A) IN GENERAL.-After a vessel is re- 10 leased from obligations under paragraph (1), 11 the covered entity may transfer and register 12 such vessel under a foreign registry that- 13 "(i) is acceptable to the Administrator 14 and the Secretary of Defense, and allows 15 the requisitioning of the vessel for title or 16 use, notwithstanding section 56101 of this 17 title; and 18 "(ii) is not a foreign country of con- 19 cern. 20 "(B) EMERGENCY ACQUISITION OF VES- 21 SELS.-If chapter 563 of this title is applicable 22 to a vessel after registration in a foreign reg- 23 istry described in subparagraph (A), then the 24 vessel is available to be requisitioned by the OST-2025-1200 Page 00461 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012142 BOM24567 S6J 91 1 Secretary of Transportation pursuant to such 2 chapter. 3 "(i) JUDICIAL REVIEW.--No court shall have juris- 4 diction to review the Administrator's decision with respect 5 to the award or non-award of an operating agreement 6 issued under this chapter. 7 " 53604. Payments 8 "(a) IN GENERAL.--An operating agreement under 9 this chapter shall require that the Administrator make 10 payments to the covered entity, in accordance with the 11 milestones established under section 53603(c)(1) and the 12 operating agreement under section 53603 and subject to 13 the availability of appropriations under subsection (e). 14 "(b) LIMITATIONS.--Notwithstanding any other pro- 15 vision of this chapter, the Administrator shall not make 16 any payment under this chapter for a vessel- 17 "(1) with respect to any day for which- 18 "(A) the vessel is not operated or main- 19 tamed in accordance with an operating agree- 20 meat under this chapter; 21 "(B) the vessel is under a charter to the 22 United States Government; or 23 "(C) except as provided under subsection 24 (c), the vessel is engaged in transporting mili- 25 tary or other preference cargoes under section OST-2025-1200 Page 00462 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012143 BOM24567 S6J S.L.C. 92 1 55302(a), 55304, 55305, or 55314 of this title, 2 section 2631 of title 10, or any other cargo 3 preference law of the United States; or 4 "(2) that participates in the coastwise trade in 5 violation of the operating agreement and section 6 53603(b)(1)(B). 7 "(c) PREFERENCE CARGOS.--The Administrator 8 may waive the requirement of subsection (b)(1)(C) to the 9 extent, in the manner, and on the terms the Administrator 10 prescribes, only if- 11 "(1) the Administrator, acting in the Adminis- 12 trator's capacity as Director of the National Ship- 13 ping Authority, makes a determination of the non- 14 availability of qualified vessels of the United States 15 that are not enrolled in the Strategic Commercial 16 Fleet; 17 "(2) the Administrator ensures reasonable no- 18 tice has been provided to the owners and operators 19 of qualified vessels of the United States that are not 20 enrolled in the Strategic Commercial Fleet; and 21 "(3) by not later than 7 days after issuing a 22 waiver under this subsection, the Administrator noti- 23 fies the appropriate committees of Congress and 24 posts such waiver on a public website of the Mari- 25 time Administration. OST-2025-1200 Page 00463 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012144 BOM24567 S6J S.L.C. 93 1 "(d) OPERATING AGREEMENT IS OBLIGATION OF 2 UNITED STATES GOVERNMENT.An operating agree- 3 ment under this chapter constitutes a contractual obliga4 tion of the United States Government to pay the amounts 5 provided for in the agreement, subject to the availability 6 of appropriations under subsection (e). 7 "(e) APPROPRIATIONS FROM THE MARITIME SECU- 8 RITY TRUST FUND.- 9 "(1) IN GENERAL.--There is authorized to be 10 appropriated to the Administrator for payments to 11 covered entities under this section, out of the Mari- 12 time Security Trust Fund established under section 13 9512 of the Internal Revenue Code of 1986- 14 "(A) for fiscal year 2025, $150,000,000; 15 "(B) for fiscal year 2026, $300,000,000; 16 "(C) for fiscal year 2027, $550,000,000; 17 "(D) for fiscal year 2028, $800,000,000; 18 "(E) for fiscal year 2029, $1,000,000,000; 19 "(F) for fiscal year 2030, $1,200,000,000; 20 "(G) for fiscal year 2031, $1,400,000,000; 21 "(H) for fiscal year 2032, $1,600,000,000; 22 "(I) for fiscal year 2033, $1,900,000,000; 23 and 24 "(J) for fiscal year 2034, $2,100,000,000. OST-2025-1200 Page 00464 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012145 BOM24567 S6J S.L.C. 94 1 "(2) AVAILABILITY.--Amounts made available 2 under paragraph (1) shall remain available until ex- 3 pended. 4 "(f) CLARIFICATION.--The provision by the Adminis- 5 trator of a payment under this section shall not be consid- 6 ered to be a major Federal action under the National En- 7 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 8 or an undertaking for the purposes of division A of subtitle 9 III of title 54, United States Code. 10 "(g) BUY AMERICA.--Section 54101(d)(2) shall 11 apply to any funds obligated by the Administrator under 12 this section. 13 " 53605. National security requirements 14 "(a) EMERGENCY PREPAREDNESS AGREEMENT RE- 15 QUIRED.--The Administrator, in coordination with the 16 Secretary of Defense, shall establish an emergency pre- 17 paredness program under this section under which the 18 program participant for an operating agreement under 19 this chapter shall agree, as a condition of the operating 20 agreement, to enter into an emergency preparedness 21 agreement with the Administrator. The Administrator 22 shall negotiate and enter into an emergency preparedness 23 agreement with each program participant as promptly as 24 practicable after the program participant has entered into 25 the operating agreement. OST-2025-1200 Page 00465 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012146 BOM24567 S6J S.L.C. 95 1 "(b) USE OF EXISTING PROGRAM.--The Adminis- 2 trator may use an existing emergency preparedness pro- 3 gram, as of the date of enactment of the SHIPS for Amer- 4 ica Act of 2024, to satisfy the requirements of subsection 5 (a). 6 "(c) TERMS OF AGREEMENT.--The terms of an 7 emergency preparedness agreement under this section 8 shall- 9 "(1) provide that upon request by the Secretary 10 of Defense during time of war or national emer- 11 gency, or whenever determined by the Secretary of 12 Defense to be necessary for national security or con- 13 tingency operation (as that term is defined in section 14 101 of title 10), the program participant shall make 15 available commercial transportation resources (in- 16 eluding services) described in subsection (e) to the 17 Secretary of Defense; 18 "(2) shall include such additional terms as may 19 be established by the Administrator and the Sec- 20 retary of Defense; and 21 "(3) shall allow for the modification or addition 22 of terms upon agreement by the Administrator and 23 the program participant and the approval by the 24 Secretary of Defense. OST-2025-1200 Page 00466 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012147 B0M24567 S6J S.L.C. 96 1 "(d) PARTICIPATION AFTER EXPIRATION OF OPER- 2 ATING AGREEMENT.--The Administrator may not require, 3 through an emergency preparedness agreement or an op- 4 erating agreement, that a program participant covered by 5 an operating agreement continue to participate in an 6 emergency preparedness agreement after the operating 7 agreement has expired according to its terms or is other- 8 wise no longer in effect. After the expiration of an emer- 9 gency preparedness agreement, a program participant 10 may voluntarily continue to participate in the agreement. 11 "(e) RESOURCES MADE AVAILABLE.--The commer- 12 cial transportation resources to be made available under 13 an emergency preparedness agreement shall include ves- 14 sels or capacity in vessels, terminal facilities, management 15 services, and other related services, or any agreed portion 16 of such nonvessel resources for activation as the Secretary 17 of Defense may determine to be necessary, seeking to min- 18 imize disruption of the program participant's service to 19 commercial customers. 20 "(f) COMPENSATION.- 21 "(1) IN GENERAL.--The Administrator shall in- 22 elude in each emergency preparedness agreement 23 provisions approved by the Secretary of Defense 24 under which the Secretary of Defense shall pay fair 25 and reasonable compensation for all commercial OST-2025-1200 Page 00467 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012148 BOM24567 S6J S.L.C. 97 1 transportation resources provided pursuant to this 2 section. 3 "(2) SPECIFIC REQUIREMENTS.--Compensation 4 under this subsection- 5 "(A) shall not be less than the program 6 participant's commercial market charges for 7 like transportation resources; 8 "(B) shall be fair and reasonable consid- 9 ering all circumstances; 10 "(C) shall be provided from the time that 11 a vessel or resource is required by the Secretary 12 of Defense until the time it is redelivered to the 13 program participant and is available to reenter 14 commercial service; and 15 "(D) shall be in addition to and shall not 16 in any way reflect amounts payable under sec- 17 tion 53604 of this title. 18 "(g) TEMPORARY REPLACEMENT VESSELS.--Not- 19 withstanding section 55302(a), 55304, 55305, or 55314 20 of this title, section 2631 of title 10, or any other cargo 21 preference law of the United States- 22 "(1) a program participant may operate or em- 23 ploy in foreign commerce a foreign vessel, or capac- 24 ity in a foreign vessel, as a temporary replacement 25 for a vessel of the United States or vessel of the OST-2025-1200 Page 00468 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012149 BOM24567 S6J S.L.C. 98 1 United States capacity that is activated by the Sec- 2 retary of Defense under an emergency preparedness 3 agreement or a primary Department of Defense sea- 4 lift-approved readiness program; and 5 "(2) such replacement vessel or vessel capacity 6 shall be eligible during the replacement period to 7 transport preference cargoes subject to sections 8 55302(a), 55304, 55305, and 55314 of this title and 9 section 2631 of title 10, to the same extent as the 10 eligibility of the vessel or vessel capacity replaced. 11 "(h) REDELIVERY AND LIABILITY OF THE UNITED 12 STATES FOR DAMAGES.- 13 "(1) IN GENERAL.--All commercial transpor- 14 tation resources activated under an emergency pre- 15 paredness agreement shall, upon termination of the 16 period of activation, be redelivered to the program 17 participant in the same good order and condition as 18 when received, less ordinary wear and tear, or the 19 Secretary of Defense shall fully compensate the pro- 20 gram participant for any necessary repair or replace- 21 anent. 22 "(2) LIMITATION ON UNITED STATES LIABIL- 23 ITY.--Except as may be expressly agreed in an 24 emergency preparedness agreement, or as otherwise 25 provided by law, the Government shall not be liable OST-2025-1200 Page 00469 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012150 BOM24567 S6J S.L.C. 99 1 for disruption of a program participant's commercial 2 business or other consequential damages to the pro- 3 gram participant arising from the activation of com- 4 mercial transportation resources under an emer- 5 gency preparedness agreement. 6 " 53606. Regulations 7 "The Administrator and the Secretary of Defense 8 may each prescribe rules as necessary to carry out their 9 respective responsibilities under this chapter.". 10 (b) CONFIRMING AMENDMENTS.--Section 51307(b) 11 of title 46, United States Code, is amended- 12 (1) in paragraph (1)- 13 (A) in the matter preceding subparagraph 14 (A)- 15 (i) by striking ", or the" and inserting 16 ", the"; and 17 (ii) by inserting ", or the Strategic 18 Commercial Fleet under chapter 536 of 19 this title" before "to--"; and 20 (B) in subparagraph (A), by striking "or 21 Tanker Security Fleet vessel" and inserting 22 "Tanker Security Fleet vessel, or Strategic 23 Commercial Fleet vessel"; and 24 (2) in paragraph (2), by striking "or 534" and 25 inserting "534, or 536". OST-2025-1200 Page 00470 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012151 BOM24567 S6J S.L.C. 100 1 (C) CLERICAL AMENDMENT.--The table of chapters 2 for subtitle V of title 46, United States Code, is amended 3 by adding at the end the following: "536. Strategic Commercial Fleet 53601". 4 SEC. 402. MARITIME SECURITY PROGRAM. 5 (a) ANNUAL PAYMENTS.--Section 53106(a)(1) of 6 title 46, United States Code, is amended- 7 (1) in subparagraph (C), by striking "fiscal 8 years 2022, 2023, 2024, and 2025" and inserting 9 "fiscal years 2022, 2023, and 2024"; and 10 (2) by striking subparagraphs (D) through (F) 11 and inserting the following: 12 "(D) $6,500,000 for each of fiscal years 13 2025 and 2026; 14 "(E) $6,675,000 for each of fiscal years 15 2027 and 2028; 16 "(F) $6,855,000 for each of fiscal years 17 2029 and 2030; 18 "(G) $7,040,000 for each of fiscal years 19 2031 and 2032; and 20 "(H) $7,230,000 for each of fiscal years 21 2033 and 2034.". 22 (b) CARGO PREFERENCE.--Section 53105(a) of title 23 46, United States Code, is amended- 24 (1) in paragraph (2), by striking "and" after 25 the semicolon; OST-2025-1200 Page 00471 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012152 B0M24567 S6J S.L.C. 101 1 (2) in paragraph (3), by striking the period at 2 the end and inserting "; and"; and 3 (3) by adding at the end the following: 4 "(4) except for the limitations established under 5 subsection (d), the vessel shall receive priority con- 6 sideration to carry military or other preference car- 7 goes under section 55305 or 55314 of this title, sec- 8 tion 2631 of title 10, or any other cargo preference 9 law of the United States, over vessels of the United 10 States that are enrolled in other financial assistance 11 programs established under chapters 532, 534, and 12 536 of this part". 13 (c) MARITIME SECURITY FLEET.- 14 (1) TEST.--Not later than 180 days after the 15 date of enactment of this Act, the Commander of 16 the United States Transportation Command, in co- 17 ordination with the Secretary of the Navy and the 18 Maritime Administrator, shall devise a tabletop exer- 19 cise to test the effective control of the Maritime Se- 20 curity Fleet under chapter 531 of title 46, United 21 States Code, in case of crisis or war. 22 (2) BRIEFING.--After completion of the exer- 23 cise under paragraph (1), the Commander shall sub- 24 mit to the appropriate committees of Congress a OST-2025-1200 Page 00472 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012153 BOM24567 S6J S.L.C. 102 1 briefing on the results of the tabletop exercise under 2 paragraph (1). 3 (3) ANNUAL TESTING.-Beginning not later 4 than 1 year after the briefing is submitted under 5 paragraph (2), the Commander shall- 6 (A) carry out tabletop drills to test effec- 7 tive control of the Maritime Security Fleet 8 under chapter 531 of title 46, United States 9 Code; and 10 (B) provide to the appropriate committees 11 of Congress a briefing after each such drill on 12 the results of such drill. 13 (d) AUTHORIZATION OF APPROPRIATIONS.--SeCtion 14 53111 of title 46, United States Code, is amended- 15 (1) in paragraph (3), by striking "fiscal years 16 2022, 2023, 2024, and 2025" and inserting "fiscal 17 years 2022, 2023, and 2024"; and 18 (2) by striking paragraphs (4) through (6) and 19 inserting the following: 20 "(4) $390,000,000 for each of fiscal years 2025 21 and 2026; 22 "(5) $400,500,000 for each of fiscal years 2027 23 and 2028; 24 "(6) $411,300,000 for each of fiscal years 2029 25 and 2030; OST-2025-1200 Page 00473 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012154 BOM24567 S6J S.L.C. 103 1 "(7) $422,400,000 for each of fiscal years 2031 2 and 2032; and 3 "(8) $433,800,000 for each of fiscal years 2033 4 and 2034.". 5 SEC. 403. CABLE SECURITY FLEET. 6 (a) ANNUAL PAY1VIENTS.--Section 53206(a)(1) of 7 title 46, United States Code, is amended by striking 8 "equal to $5,000,000 for each fiscal year 2021 through 9 2035" and inserting "equal to- 10 "(A) $6,500,000 for each of fiscal years 11 2025 and 2026; 12 "(B) $8,000,000 for each of fiscal years 13 2027 and 2028; 14 "(C) $9,500,000 for each of fiscal years 15 2029 and 2030; 16 "(D) $10,500,000 for each of fiscal years 17 2031 and 2032; and 18 "(E) $12,000,000 for each of fiscal years 19 2033 and 2034.". 20 (b) ASSESSMENT OF UNDERSEA CABLE REPAIR 21 CONTINGENCIES.- 22 (1) IN GENERAL.--Not later than 180 days 23 after the date of enactment of this Act, the Sec- 24 retary of Defense, in coordination with the Maritime 25 Administrator, the Federal Communications Com- OST-2025-1200 Page 00474 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012155 B0M24567 S6J S.L.C. 104 1 mission, and other relevant Federal agencies, shall 2 submit to the appropriate committees of Congress 3 an assessment on the ability and preparedness of the 4 USNS Zeus and the Cable Security Fleet under 5 chapter 532 of title 46, United States Code, to re- 6 pair transoceanic submarine fiber optic cables that 7 may be damaged or cut by adversaries. 8 (2) CONTENTS.--The assessment under para- 9 graph (1) shall include- 10 (A) a description of preparedness to ad- 11 dress a situation in which the cables of partner 12 countries in both the Pacific and Atlantic 13 Oceans are damaged or severed at or around 14 the same time; 15 (B) a determination as to how long it 16 would take for the Cable Security Fleet, in co- 17 ordination with partner countries, to repair 18 such cables; and 19 (C) the options available to provide 20 connectivity in an emergency or crisis caused 21 by, or related to, the damaging or severing of 22 such cables. 23 (c) AUTHORIZATION OF APPROPRIATIONS.--Section 24 53209 of title 46, United States Code, is amended-- OST-2025-1200 Page 00475 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012156 B0M24567 S6J S.L.C. 105 1 (1) by striking "section 53206, $10,000,000 for 2 each of the fiscal years 2021 through 2035."; and 3 inserting the following: "section 53206- 4 "(1) $13,000,000 for each of fiscal years 2025 5 and 2026; 6 "(2) $16,000,000 for each of fiscal years 2027 7 and 2028; 8 "(3) $19,000,000 for each of fiscal years 2029 9 and 2030; 10 "(4) $21,000,000 for each of fiscal years 2031 11 and 2032; and 12 "(5) $24,000,000 for each of fiscal years 2033 13 and 2034.". 14 SEC. 404. TANKER SECURITY FLEET. 15 (a) PAYMENTS.--Section 53406(a) of title 46, United 16 States Code, is amended- 17 (1) by striking "$6,000,000" and inserting 18 "$9,000,000."; and 19 (2) by striking the last sentence. 20 (b) AUTHORIZATION OF APPROPRIATIONS.--Section 21 53411 of title 46, United States Code, is amended by 22 striking ", and $120,000,000 for fiscal years 2024 23 through 2035" and inserting ", $120,000,000 for fiscal 24 year 2024, and $180,000,000 for fiscal years 2025 25 through 2035". OST-2025-1200 Page 00476 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012157