Document reB7k9598yRQYXxZ5wX3nvYja

BOM24567 S6J S.L.C. 56 1 " 59107. Report on privilege 2 "(a) IN GENERAL.--Not later than March 1, 2025, 3 the Secretary of Transportation, in coordination with the 4 Secretary of Commerce, the Chair of the Federal Maritime 5 Commission, and the Director of the Office of Manage- 6 ment and Budget, shall submit to the appropriate commit- 7 tees of Congress a report including ways to ensure vessels 8 of the United States operating in foreign commerce are 9 privileged in regulation, taxation, fees, insurance, and pol- 10 icy compared to foreign vessels conducting trade with a 11 United States domiciled entity, while remaining consistent 12 with the international obligations of the United States. 13 "(b) CONTENTS.-In submitting the report under 14 subsection (a), the Secretary of Transportation shall in- 15 elude options for regulating trade with foreign vessels in 16 order to sustain and grow the Maritime Security Fleet 17 under chapter 531 of this title, the Cable Security Fleet 18 under chapter 532 of this title, the Tanker Security Fleet 19 under chapter 534 of this title, the Strategic Commercial 20 Fleet under chapter 536 of this title, and other vessels 21 of the United States operating in foreign commerce. 22 " 59108. Report on requirements for sealift force de- 23 ployment 24 "(a) IN GENERAL.--Not later than March 1, 2025, 25 the Secretary of Defense shall submit to the appropriate 26 committees of Congress a report-- OST-2025-1200 Page 00427 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012108 BOM24567 S6J S.L.C. 57 1 "(1) on the military sealift requirements of the 2 Armed Forces of the United States; and 3 "(2) in consultation with the Secretary of 4 Transportation, containing recommendations for how 5 to maintain, improve, or expand the Maritime Secu- 6 rity Fleet under chapter 531 of this title, the Cable 7 Security Fleet under chapter 532 of this title, the 8 Tanker Security Fleet under chapter 534 of this 9 title, the Strategic Commercial Fleet under chapter 10 536 of this title, and the Ready Reserve Force com- 11 ponent of the National Defense Reserve Fleet under 12 section 57100 of this title, to meet the military sea- 13 lift needs of the United States. 14 "(b) CONTENTS.--The report under subsection (a) 15 shall include an assessment of, and recommendations for 16 how to enable, making the Ready Reserve Force compo- 17 nent of the National Defense Reserve Fleet under section 18 57100 of this title active in trade through a public-private 19 partnership that enables financing, building, manning, op- 20 erating, maintaining, and repairing the vessels of such 21 Fleet, while guaranteeing assured effective control and 22 surge capacity in times of crisis or war. OST-2025-1200 Page 00428 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012109 B0M24567 S6J S.L.C. 58 1 " 59109. Assessment on marine infrastructure readi- 2 ness 3 "(a) IN GENERAL.--Not later than March 1, 2026, 4 and every 2 years thereafter, the Secretaries of Defense, 5 Homeland Security, Commerce, and Transportation shall 6 provide the appropriate committees of Congress an assess- 7 ment on-- 8 "(1) the readiness and sufficiency of the marine 9 infrastructure, shipping industry, and shipbuilding 10 industry of the United States, and vessels of the 11 United States, to meet the economic and national se- 12 curity strategic sealift needs of the United States 13 and operate in a contested environment; 14 "(2) the vulnerability of the economy of the 15 United States to coercion or control from strategic 16 competitors of the United States through the ocean- 17 going trades; and 18 "(3)(A) critical infrastructure and cybersecurity 19 vulnerabilities in- 20 "(i) the maritime transportation system of 21 the United States, including ports, shipyards, 22 repair yards, inland waterways, and vessels of 23 the United States; and 24 "(ii) foreign investment in marine infra- 25 structure; and OST-2025-1200 Page 00429 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012110 BOM24567 S6J S.L.C. 59 1 "(B) how to reduce the risks of such 2 vulnerabilities. 3 "(b) SECRETARY OF STATE.--Not later than March 4 1, 2026, and every 2 years thereafter, the Secretary of 5 State shall provide the appropriate committees of Con- 6 gress an assessment on- 7 "(1) arrangements and agreements between the 8 United States and countries that are defense treaty 9 allies for access to the global marine transportation 10 infrastructure, such as ports, harbors, and water- 11 ways; and 12 "(2) assurances, arrangements, and agreements 13 between the United States and countries that are 14 defense treaty allies to augment United States sea- 15 lift capabilities in times of crisis and war.". 16 (b) CLERICAL AMENDMENT.--The table of chapters 17 for subtitle V of title 46, United States Code, is amended 18 by adding at the end the following: "PART H-STRATEGIC SEALIFT". 19 SEC. 302. NATIONAL FREIGHT STRATEGIC PLAN. 20 Section 70102(b) of title 49, United States Code, is 21 amended- 22 (1) in paragraph (16), by striking "and" after 23 the semicolon; 24 (2) in paragraph (17), by striking the period at 25 the end and inserting "; and"; and OST-2025-1200 Page 00430 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012111 B0M24567 S6J S.L.C. 60 1 (3) by adding at the end the following: 2 "(18) consideration of United States strategic 3 sealift objectives and strategies established under 4 section 59101 of title 46; and 5 "(19) consideration of maritime networks in 6 multimodal freight corridors.". 7 SEC. 303. FOREIGN SHIPPING PRACTICES; CONTROLLED 8 CARRIERS. 9 (a) FOREIGN SHIPPING PRACTICES.--Section 10 42301(b) of title 46, United States Code, is amended- 11 (1) in paragraph (2), by inserting "or pas- 12 sengers" after "transportation of cargo"; and 13 (2) in paragraph (5), by inserting "or pas- 14 sengers" after "carriage of cargo". 15 (b) CONTROLLED CARRIERS.--Chapter 407 of title 16 46, United States Code, is amended- 17 (1) in section 40701- 18 (A) in subsection (a)- 19 (i) in paragraph (1), by striking "or" 20 at the end; 21 (ii) in paragraph (2), by striking the 22 period at the end and inserting "; or"; and 23 (iii) by adding at the end the fol- 24 lowing: OST-2025-1200 Page 00431 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012112 B0M24567 S6J S.L.C. 61 1 "(3) arrange or provide passenger transpor- 2 tation at a fare that is below a just and reasonable 3 level."; 4 (B) in subsection (b), by striking "rule, or 5 regulation" and inserting "rule, regulation, or 6 fare"; 7 (C) in subsection (c), by striking "rule, or 8 regulation" and inserting "rule, regulation, or 9 fare"; and 10 (D) in subsection (d), by striking "rule, or 11 regulation" and inserting "rule, regulation, or 12 fare"; 13 (2) in section 40702(b)- 14 (A) in the matter preceding paragraph (1), 15 by striking "rule, or regulation" and inserting 16 "rule, regulation, or fare"; 17 (B) in paragraph (1), by striking "rate or 18 charge" and inserting "rate, charge, or fare"; 19 and 20 (C) in paragraph (2), by striking "rule, or 21 regulation" and inserting "rule, regulation, or 22 fare"; 23 (3) in section 40703, by striking "a rate, 24 charge," and inserting "a rate, fare, charge,"; and 25 (4) in section 40704-- OST-2025-1200 Page 00432 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012113 B0M24567 S6J S.L.C. 62 1 (A) in subsection (a), by striking "rule, or 2 regulation" and inserting "rule, regulation, or 3 fare"; 4 (B) in subsection (b), by striking "rule, or 5 regulation" and inserting "rule, regulation, or 6 fare"; 7 (C) in subsection (c), by striking "rule, or 8 regulation" and inserting "rule, regulation, or 9 fare" each place the term appears; 10 (D) in subsection (d)- 11 (i) in paragraph (1), by striking "rule, 12 or regulation" and inserting "rule, regula- 13 tion, or fare" each place the term appears; 14 and 15 (ii) in paragraph (2), by striking 16 "rule, or regulation" and inserting "rule, 17 regulation, or fare" each place the term 18 appears; and 19 (E) in subsection (e), by striking "rule, or 20 regulation" and inserting "rule, regulation, or 21 fare" each place the term appears. OST-2025-1200 Page 00433 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012114 BOM24567 S6J S.L.C. 63 1 TITLE IV-VESSELS OF THE UNITED STATES IN INTER- 3 NATIONAL COMMERCE 4 Subtitle A--Strategic Sealift 5 Programs 6 SEC. 401. STRATEGIC COMMERCIAL FLEET. 7 (a) IN GENERAL.--Part C of subtitle V of title 46, 8 United States Code, is amended by inserting after chapter 9 535 the following: 10 "CHAPTER 536-STRATEGIC COMMERCIAL 11 FLEET "Sec. "53601. Definitions. "53602. Establishment of Strategic Commercial Fleet. "53603. Operating agreements. "53604. Payments. "53605. National security requirements. "53606. Regulations. 12 " 53601. Definitions 13 "In this chapter: 14 "(1) ADMINISTRATOR.--The term `Adminis- 15 trator' means the Maritime Administrator. 16 "(2) APPROPRIATE COMMITTEES OF CON- 17 GRESS.--The term `appropriate committees of Con- 18 gress' means- 19 "(A) the Committee on Armed Services, 20 the Committee on Commerce, Science, and 21 Transportation, and the Committee on Appro- 22 priations of the Senate; and OST-2025-1200 Page 00434 Sierra Club v. Dept. of Transp. - 3:25-cv-06221 SC_EVERSPLIT0012115 BOM24567 S6J S.L.C. 64 1 "(B) the Committee on Armed Services, 2 the Committee on Transportation and Infra- 3 structure, and the Committee on Appropriations 4 of the House of Representatives. 5 "(3) COASTWISE TRADE.--The term `coastwise 6 trade' means commerce or trade that is subject to 7 the requirements of section 55102. 8 "(4) COVERED ENTITY.--The term `covered en- 9 tity' means- 10 "(A) any owner or operator of a vessel eli- 11 gible under section 53602(d); or 12 "(B) a bid team consisting of- 13 "(i) an entity eligible under subpara- 14 graph (A); 15 "(ii) any shipyard of the United 16 States with the ability, experience, finan- 17 cial resources, and other qualifications nec- 18 essary for the construction or repair of a 19 vessel eligible for inclusion in the Strategic 20 Commercial Fleet; and 21 "(iii) any other legal entity that is not 22 a foreign entity of concern. 23 "(5) FLEET.--The term `Fleet' means the Stra- 24 tegic Commercial Fleet established under section 25 53602. 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