Document VKOg9zEzO07yY8xEBd46xG0m8

B0M24567 S6J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 S.L.C. 16 tion of persons organized under the laws of or having its principal place of business in a foreign country; and (B) includes- (i) any person owned by, controlled by, or subject to the jurisdiction or direction of an entity listed in subparagraph (A); (ii) any person, wherever located, who acts as an agent, representative, or employee of an entity listed in subparagraph (A); (iii) any person who acts in any other capacity at the order, request, or under the direction or control, of an entity listed in subparagraph (A), or of a person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in majority part by an entity listed in subparagraph (A); (iv) any person who directly or indirectly through any contract, arrangement, understanding, relationship, or otherwise, owns 25 percent or more of the equity in- OST-2025-1200 Page 00387 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012068 BOM24567 S6J S.L.C. 17 1 terests of an entity listed in subparagraph 2 (A); 3 (v) any person with significant re- 4 sponsibility to control, manage, or direct 5 an entity listed in subparagraph (A); 6 (vi) any person, wherever located, who 7 is a citizen or resident of a country con- 8 trolled by an entity listed in subparagraph 9 (A); or 10 (vii) any corporation, partnership, as- 11 sociation, or other organization organized 12 under the laws of a country controlled by 13 an entity listed in subparagraph (A). 14 (6) FOREIGN ENTITY OF CONCERN.--The term 15 "foreign entity of concern" means any foreign entity 16 that is- 17 (A) designated as a foreign terrorist orga- 18 nization by the Secretary of State under section 19 219 of the Immigration and Nationality Act (8 20 U.S.C. 1189); 21 (B) included on the list of specially des- 22 ignated nationals and blocked persons main- 23 tanned by the Office of Foreign Assets Control 24 of the Department of the Treasury; OST-2025-1200 Page 00388 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012069 B0M24567 S6J S.L.C. 18 1 (C) owned by, controlled by, or subject to 2 the jurisdiction or direction of a government of 3 a foreign country of concern; 4 (D) alleged by the Attorney General to 5 have been involved in activities for which a con- 6 viction was obtained under- 7 (i) chapter 37 of title 18, United 8 States Code (commonly known as the "Es- 9 pionage Act") (18 U.S.C. 792 et seq.); 10 (ii) section 951 or 1030 of title 18, 11 United States Code; 12 (iii) chapter 90 of title 18, United 13 States Code (commonly known as the 14 "Economic Espionage Act of 1996"); 15 (iv) the Arms Export Control Act (22 16 U.S.C. 2751 et seq.); 17 (v) section 224, 225, 226, 227, or 236 18 of the Atomic Energy Act of 1954 (42 19 U.S.C. 2274, 2275, 2276, 2277, and 20 2284); 21 (vi) the Export Control Reform Act of 22 2018 (50 U.S.C. 4801 et seq.); or 23 (vii) the International Emergency 24 Economic Powers Act (50 U.S.C. 1701 et 25 seq.); OST-2025-1200 Page 00389 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012070 B0M24567 S6J S.L.C. 19 1 (E) designated by the Federal Maritime 2 Commission as a controlled carrier under chap- 3 ter 407 of title 46, United States Code; 4 (F) found by the Federal Maritime Com- 5 to be practicing unfavorable conditions 6 in foreign trade under chapter 421 or 423 of 7 title 46, United States Code; or 8 (G) determined by the Maritime Adminis- 9 trator, in consultation with the Secretary of De- 10 fense, the Secretary of State, the Director of 11 National Intelligence, and the Chair of the Fed- 12 eral Maritime Commission, to be engaged in un- 13 authorized conduct that is detrimental to the 14 national security or foreign policy of the United 15 States. 16 (7) VESSEL OF THE UNITED STATES.--The 17 term "vessel of the United States" has the meaning 18 given that term in section 116 of title 46, United 19 States Code. 20 TITLE I OVERSIGHT AND 21 ACCOUNTABILITY 22 SEC. 101. MARITIME SECURITY ADVISOR; MARITIME SECU- 23 RITY BOARD. 24 (a) AlVIENDMENTS.--Chapter 504 of part A of sub- 25 title V of title 46, United States Code, is amended-- OST-2025-1200 Page 00390 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012071 BOM24567 S6J S.L.C. 20 1 (1) by striking the chapter heading and insert- 2 ing the following: - OVERSIGHT AND AC- 3 COUNTABILITY"; and 4 (2) by striking section 50401 and inserting the 5 following: 6 " 50401. Maritime Security Advisor; Maritime Secu- 7 rity Board 8 "(a) MARITIME SECURITY ADVISOR.- 9 "(1) IN GENERAL.--Not later than 60 days 10 after the date of enactment of this section, the 11 President shall appoint a Special Advisor to the 12 President (to be known as the `Maritime Security 13 Advisor') for coordinating national maritime affairs 14 and policy, including developing, updating, and im- 15 plementing the National Maritime Strategy as re- 16 quired under section 50114 of this title. 17 "(2) DUTIES.--The Maritime Security Advisor 18 appointed under paragraph (1) shall serve as the 19 Chair of the Maritime Security Board, shall be the 20 principal advisor to the President on all issues re- 21 lated to the maritime industry, shipbuilding, and 22 ship repair, and shall be responsible for developing, 23 updating, and implementing the National Maritime 24 Strategy under section 50114 of this title within and 25 across the Federal Government. OST-2025-1200 Page 00391 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012072 BOM24567 S6J S.L.C. 21 1 "(3) NATIONAL SECURITY COUNCIL.--The Mar- 2 itime Security Advisor shall have a seat on the Na- 3 tional Security Council. 4 "(4) OFFICE OF THE MARITIME SECURITY AD- 5 VISOR.- 6 "(A) IN GENERAL.--There is established in 7 the Executive Office of the President, an Office 8 of the Maritime Security Advisor. The Maritime 9 Security Advisor described in this subsection 10 shall be the head of such Office. 11 "(B) EMPLOYEES; CONTRACTS.-In car- 12 rying out the functions under this section, the 13 Maritime Security Advisor is authorized to- 14 "(i) appoint such officers and employ- 15 ees as the Maritime Security Advisor may 16 deem necessary to perform the functions 17 now or hereafter vested in the Maritime 18 Security Advisor and to prescribe their du- 19 ties; and 20 "(ii) enter into contracts and other 21 arrangements for studies, analyses, and 22 other services with public agencies and 23 with private persons, organizations, or in- 24 stitutions, and make such payments as the OST-2025-1200 Page 00392 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012073 BOM24567 S6J S.L.C. 22 1 Maritime Security Advisor deems necessary 2 to carry out the provisions of this section. 3 "(b) MARITIME SECURITY BOARD.--Not later than 4 90 days after the date of enactment of this section, the 5 President shall establish a board, to be known as the `Mar- 6 ithne Security Board' (in this section referred to as the 7 `Board'). 8 "(1) COMPOSITION.- 9 "(A) IN GENERAL.--The Board shall be 10 comprised of the following individuals and rep- 11 resentatives: 12 "(i) The Maritime Security Advisor 13 described in subsection (a). 14 "(ii) The Maritime Administrator. 15 "(iii) The Commandant of the Coast 16 Guard. 17 "(iv) The Secretary of the Navy. 18 "(v) The Commander of the United 19 States Transportation Command. 20 "(vi) The Chair of the Federal Mari- 21 time Commission. 22 "(vii) The Assistant Secretary of the 23 Army for Civil Works. 24 "(viii) The Commander of the Mili- 25 tary Sealift Command. OST-2025-1200 Page 00393 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012074 B0M24567 S6J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 S.L.C. 23 "(ix) The Commander of Naval Sea Systems Command. "(x) The chief United States delegate to the International Maritime Organization. "(xi) The Under Secretary of Commerce for Oceans and Atmosphere. "(xii) The Commissioner for Customs and Border Protection. "(xiii) The Director of the Office of Management and Budget, or their designee. "(xiv) The Secretary of Transportation, or their designee. "(xv) The Secretary of Homeland Security, or their designee. "(xvi) The Secretary of State, or their designee. "(xvii) The Secretary of Labor, or their designee. "(xviii) The Secretary of Agriculture, or their designee. "(xix) The Secretary of Commerce, or their designee. OST-2025-1200 Page 00394 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012075 B0M24567 S6J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 S.L.C. 24 "(xx) The Secretary of the Treasury, or their designee. "(xxi) The Administrator of the Environmental Protection Agency, or their designee. "(xxii) The United States Trade Representative, or their designee. "(xxiii) The Administrator of the United States Agency for International Development, or their designee. "(xxiv) From the Department of Defense- "(I) the Secretary of Defense, or their designee; "(II) a representative of the Army, as appointed by the Secretary of Defense; "(III) a representative of the Air Force, as appointed by the Secretary of Defense; and "(IV) a representative of the Navy, as appointed by the Secretary of Defense. OST-2025-1200 Page 00395 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012076 BOM24567 S6J S.L.C. 25 1 "(B) NONVOTING MEMBERS.--The individ- 2 uals and representatives listed in clauses (xiii) 3 through (xxiv) shall be nonvoting members. 4 "(C) CHAIR.--The Maritime Security Ad- 5 visor shall serve as the Chair of the Board. 6 "(2) DUTIES.--Consistent with the National 7 Maritime Strategy under section 50114 of this title, 8 the Board shall carry out the following duties: 9 "(A) Supporting the development of the 10 marine transportation system of the United 11 States, including- 12 "(i) assessing the adequacy of the ma- 13 rine transportation system (including 14 ports, waterways, channels, and their inter- 15 modal connections); 16 "(ii) promoting the integration of the 17 marine transportation system with other 18 modes of transportation and other uses of 19 the marine environment; and 20 "(iii) coordinating, improving the co- 21 ordination of, and making recommenda- 22 tions with regard to Federal policies that 23 impact the marine transportation system. 24 "(B) Establishing policy priorities relating 25 to, and conducting independent oversight over, OST-2025-1200 Page 00396 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012077 B0M24567 S6J S.L.C. 26 1 the financial assistance programs under part C 2 of subtitle V of this title, including- 3 "(i) not later than 1 year after the 4 date of enactment of the SHIPS for Amer- 5 ica Act of 2024 and annually thereafter, 6 establishing targets for the number, type, 7 and requirements of vessels to be included 8 in each of- 9 "(I) the Maritime Security Fleet 10 (consistent with the most recent Mo- 11 bility Capability Requirements Study 12 produced by United States Transpor- 13 tation Command); 14 "(II) the Cable Security Fleet; 15 "(III) the Tanker Security Fleet 16 (consistent with the most recent Mo- 17 bility Capability Requirements Study 18 produced by United States Transpor- 19 tation Command); 20 "(IV) the Strategic Commercial 21 Fleet; and 22 "(V) the Shipbuilding Financial 23 Incentives Program; 24 "(ii) submitting annual recommenda- 25 tions to the appropriate committees of OST-2025-1200 Page 00397 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012078 B0M24567 S6J S.L.C. 27 1 Congress for any needed changes in the 2 authorized number of vessels eligible to 3 participate in the programs under part C 4 of subtitle V of this title; and 5 "(iii) conducting oversight of the ad- 6 ministration of such financial assistance 7 programs to ensure such programs support 8 the strategic sealift objectives and policy of 9 the United States, as established in section 10 59101 of this title. 11 "(C) Supporting the Maritime Adminis- 12 trator in all efforts to conduct independent 13 oversight of passenger and cargo preference re- 14 quirements and supporting efforts to enable 15 cargo to be carried on vessels of the United 16 States, including- 17 "(i) conducting oversight and coordi- 18 nating interagency efforts to comply with 19 cargo preference requirements established 20 under chapter 553 of this title and section 21 2631 of title 10; 22 "(ii) independently verifying that all 23 Federal agencies follow the requirements 24 for cargoes procured, furnished, or fi- 25 nanced by the United States Government OST-2025-1200 Page 00398 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012079 B0M24567 S6J S.L.C. 28 1 under section 55305 of this title, and noti- 2 fying the appropriate committees of Con- 3 gress of any identified violations of the re- 4 quirements of such section; 5 "(iii) conducting outreach among non- 6 governmental stakeholders, including pri- 7 vate industry, to encourage more cargo to 8 be moved on vessels of the United States; 9 "(iv) developing recommendations for 10 regulations to be issued by Federal agen- 11 cies to preference the movement of cargo 12 on vessels of the United States; and 13 "(v) submitting recommendations to 14 the appropriate committees of Congress for 15 changes to laws relating to passenger and 16 cargo preferences for the purpose of estab- 17 lishing a more robust fleet of vessels of the 18 United States. 19 "(D) Conducting independent oversight 20 and developing guidance and recommendations 21 related to the enforcement of the requirements 22 of chapters 121 and 551 of this title. 23 "(E) Coordinating national efforts to de- 24 velop a robust maritime workforce that en- OST-2025-1200 Page 00399 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012080 B0M24567 S6J S.L.C. 29 1 hances the national security and strategic sea- 2 lift readiness of the United States, including- 3 "(i) coordinating and conducting over- 4 sight of interagency efforts and partner- 5 ships with the maritime industry and 6 qualified labor organizations to recruit, 7 train, and retain qualified licensed and un- 8 licensed merchant mariners; and 9 "(ii) coordinating and conducting 10 oversight of interagency efforts and part- 11 nerships with the shipbuilding industry to 12 recruit, train, and retain qualified workers 13 in the shipbuilding industry of the United 14 States. 15 "(F) Establishing national priorities for re- 16 search and development of next-generation tech- 17 nologies to enhance United States leadership in 18 the shipbuilding and maritime industries, in- 19 eluding through the Center for Maritime Inno- 20 nation established under section 50307. 21 "(G) Coordinating interagency efforts to 22 ensure vessels of the United States operating in 23 international commerce are privileged in regula- 24 tion, taxation, fees, insurance, and policy corn- 25 pared to foreign vessels conducting trade with OST-2025-1200 Page 00400 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012081 B0M24567 S6J S.L.C. 30 1 a United States-domiciled entity, while remain- 2 ing consistent with the international obligations 3 of the United States. 4 "(H) Coordinating efforts to protect ves- 5 sels of the United States operating in inter- 6 national or domestic commerce from physical 7 and cybersecurity threats. 8 "(I) Conducting oversight of the use of 9 funds from the Maritime Security Trust Fund 10 established under section 9512 of the Internal 11 Revenue Code of 1986, and making rec- 12 ommendations to Congress for expenditures 13 from the Trust Fund. 14 "(J) Conducting studies on subjects re- 15 lated to the maritime industry and international 16 shipping, and undertaking other efforts related 17 to strengthening the maritime security of the 18 United States. 19 "(K) Carrying out other duties, as as- 20 signed by the President in consultation with the 21 Maritime Security Advisor, related to the mari- 22 time industry, shipbuilding, ship repair, stra- 23 tegic sealift, and the marine transportation sys- 24 tem of the United States. 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