HR4839-119

1. Short title This Act may be cited as the Merchant Marine Allies Partnership Act.

2. Participation in coastwise trade of citizens and vessels of allied foreign countries Section 12112(a)(2)(B) of title 46, United States Code, is amended— in clause (ii) by striking ; or and inserting a semicolon; in clause (iii) by striking ; and and inserting ; or; and by adding at the end the following new clause: was built in a country listed on the Foreign Ally Shipping Registry under section 55124(d) as of the date of issuance of the coastwise endorsement; and Section 12132 of title 46, United States Code, is amended— in subsection (b) by striking outside the United States and inserting in a country other than the United States that is not listed on the Foreign Ally Shipping Registry under section 55124(d); and by adding at the end the following new subsection: Except as otherwise provided in law, a vessel built or rebuilt in a country other than the United States that is eligible to engage in coastwise trade may not engage in coastwise trade for any period during which such country is not listed on the Foreign Ally Shipping Registry, beginning on the effective date of the removal of such country from the Registry. Chapter 551 of title 46, United States Code, is amended by adding at the end the following new section: For purposes of this section, a qualified vessel is a vessel— wholly owned for purposes of engaging in coastwise trade by— one or more nationals of a country listed on the Foreign Ally Shipping Registry; the government of a country listed on the Foreign Ally Shipping Registry; or a combination of the entities described in clauses (i) or (ii) and a national of the United States; and flagged in the United States or a country listed on the Foreign Ally Shipping Registry. Notwithstanding any other provision of law, the Secretary of Transportation may authorize, for a period not to exceed 5 years, a qualified vessel to transport merchandise by water, or by land and water, between points in the United States to which the coastwise laws apply, either directly or via a foreign port. The Secretary may renew an authorization under paragraph (1) for subsequent periods not to exceed 5 years each. If, at any time during the period that an authorization issued under this subsection applies, the vessel subject to such authorization ceases to be a qualified vessel under this section, the Secretary shall revoke the authorization— except as provided in subparagraph (B), not later than 30 days after the date on which such vessel ceases to be a qualified vessel; or with respect to a vessel that ceases to be a qualified vessel due to the removal of a country from the Foreign Ally Shipping Registry pursuant to subsection (d)(2), on the effective date of such removal. The owner of a vessel subject to an authorization under this subsection shall notify the Secretary of each change in information on which the authorization is based (including information indicative of if the vessel is a qualified vessel) not later than 30 days after such change. The Secretary of the department in which the Coast Guard is operating may not enforce citizenship requirements under section 8103 of title 46, United States Code, or the credentialing requirements under section 8701 of title 46, United States Code, with respect to an individual who is— a national of the United States or a country listed on the Foreign Ally Shipping Registry; and employed on a qualified vessel engaged in trade pursuant to an authorization under subsection (b). For purposes of authorizing transportation of merchandise by a vessel under subsection (b), the Secretary of State, in consultation with the Commandant of the Coast Guard, shall maintain a registry to be known as the Foreign Ally Shipping Registry that contains a list of each country determined by the Secretary to be an ally of the United States for purposes of carrying out coastwise trade under this section. The Secretary, in consultation with the Commandant, may remove from the Foreign Ally Shipping Registry any country determined by the Secretary to no longer be an ally for purposes of carrying out coastwise trade under this section. As soon as is practicable within the 30-day period beginning on the date on which the Secretary determines that a country is no longer an ally under subparagraph (A), the Secretary shall submit to the Committees on Foreign Affairs and Transportation and Infrastructure of the House of Representatives and the Committees on Foreign Relations and Commerce, Science, and Transportation of the Senate a notice of such determination. Removal of a country from the Foreign Ally Shipping Registry under subparagraph (A) shall take effect on the date that is 30 days after the date on which the Secretary submits a notice under subparagraph (B) with respect to the country. Effective immediately upon a declaration of war by Congress on any country on the Foreign Ally Shipping Registry— such country is removed from the Registry; and the Secretary may not add such country to the Registry during the period of such war. The Foreign Ally Shipping Registry shall include each member country of the North Atlantic Treaty Organization, unless and until the date on which such country— is no longer a member country of the North Atlantic Treaty Organization; or is otherwise removed from the Foreign Ally Shipping Registry pursuant to paragraph (2). The analysis for chapter 551 of title 46, United States Code, is amended by adding after the item relating to section 55123 the following: (iv)was built in a country listed on the Foreign Ally Shipping Registry under section 55124(d) as of the date of issuance of the coastwise endorsement; and. (c)Built or rebuilt in country removed from Foreign Ally Shipping RegistryExcept as otherwise provided in law, a vessel built or rebuilt in a country other than the United States that is eligible to engage in coastwise trade may not engage in coastwise trade for any period during which such country is not listed on the Foreign Ally Shipping Registry, beginning on the effective date of the removal of such country from the Registry.. 55124.Transportation of merchandise by vessels, owners, and crews of foreign allied nations.(a)Qualified vessel describedFor purposes of this section, a qualified vessel is a vessel—(1)wholly owned for purposes of engaging in coastwise trade by—(A)one or more nationals of a country listed on the Foreign Ally Shipping Registry;(B)the government of a country listed on the Foreign Ally Shipping Registry; or(C)a combination of the entities described in clauses (i) or (ii) and a national of the United States; and(2)flagged in the United States or a country listed on the Foreign Ally Shipping Registry.(b)Authorization To engage in certain trade(1)AuthorizationNotwithstanding any other provision of law, the Secretary of Transportation may authorize, for a period not to exceed 5 years, a qualified vessel to transport merchandise by water, or by land and water, between points in the United States to which the coastwise laws apply, either directly or via a foreign port.(2)RenewalThe Secretary may renew an authorization under paragraph (1) for subsequent periods not to exceed 5 years each.(3)RevocationIf, at any time during the period that an authorization issued under this subsection applies, the vessel subject to such authorization ceases to be a qualified vessel under this section, the Secretary shall revoke the authorization—(A)except as provided in subparagraph (B), not later than 30 days after the date on which such vessel ceases to be a qualified vessel; or(B)with respect to a vessel that ceases to be a qualified vessel due to the removal of a country from the Foreign Ally Shipping Registry pursuant to subsection (d)(2), on the effective date of such removal.(4)Notice of change in informationThe owner of a vessel subject to an authorization under this subsection shall notify the Secretary of each change in information on which the authorization is based (including information indicative of if the vessel is a qualified vessel) not later than 30 days after such change.(c)Non-Applicability of crewing requirementsThe Secretary of the department in which the Coast Guard is operating may not enforce citizenship requirements under section 8103 of title 46, United States Code, or the credentialing requirements under section 8701 of title 46, United States Code, with respect to an individual who is—(1)a national of the United States or a country listed on the Foreign Ally Shipping Registry; and(2)employed on a qualified vessel engaged in trade pursuant to an authorization under subsection (b).(d)Foreign Allied Country Registry(1)RegistryFor purposes of authorizing transportation of merchandise by a vessel under subsection (b), the Secretary of State, in consultation with the Commandant of the Coast Guard, shall maintain a registry to be known as the Foreign Ally Shipping Registry that contains a list of each country determined by the Secretary to be an ally of the United States for purposes of carrying out coastwise trade under this section.(2)Removal Procedures(A)DeterminationThe Secretary, in consultation with the Commandant, may remove from the Foreign Ally Shipping Registry any country determined by the Secretary to no longer be an ally for purposes of carrying out coastwise trade under this section.(B)Congressional noticeAs soon as is practicable within the 30-day period beginning on the date on which the Secretary determines that a country is no longer an ally under subparagraph (A), the Secretary shall submit to the Committees on Foreign Affairs and Transportation and Infrastructure of the House of Representatives and the Committees on Foreign Relations and Commerce, Science, and Transportation of the Senate a notice of such determination.(C)Effective date of removalRemoval of a country from the Foreign Ally Shipping Registry under subparagraph (A) shall take effect on the date that is 30 days after the date on which the Secretary submits a notice under subparagraph (B) with respect to the country.(D)Immediately removal resulting from declaration of warEffective immediately upon a declaration of war by Congress on any country on the Foreign Ally Shipping Registry—(i)such country is removed from the Registry; and(ii)the Secretary may not add such country to the Registry during the period of such war.(3)Treatment of NATO member countriesThe Foreign Ally Shipping Registry shall include each member country of the North Atlantic Treaty Organization, unless and until the date on which such country—(A)is no longer a member country of the North Atlantic Treaty Organization; or(B)is otherwise removed from the Foreign Ally Shipping Registry pursuant to paragraph (2).. 55124. Exception for transportation of merchandise by vessels, owners, and crews of foreign allied nations..

55124. Transportation of merchandise by vessels, owners, and crews of foreign allied nations. For purposes of this section, a qualified vessel is a vessel— wholly owned for purposes of engaging in coastwise trade by— one or more nationals of a country listed on the Foreign Ally Shipping Registry; the government of a country listed on the Foreign Ally Shipping Registry; or a combination of the entities described in clauses (i) or (ii) and a national of the United States; and flagged in the United States or a country listed on the Foreign Ally Shipping Registry. Notwithstanding any other provision of law, the Secretary of Transportation may authorize, for a period not to exceed 5 years, a qualified vessel to transport merchandise by water, or by land and water, between points in the United States to which the coastwise laws apply, either directly or via a foreign port. The Secretary may renew an authorization under paragraph (1) for subsequent periods not to exceed 5 years each. If, at any time during the period that an authorization issued under this subsection applies, the vessel subject to such authorization ceases to be a qualified vessel under this section, the Secretary shall revoke the authorization— except as provided in subparagraph (B), not later than 30 days after the date on which such vessel ceases to be a qualified vessel; or with respect to a vessel that ceases to be a qualified vessel due to the removal of a country from the Foreign Ally Shipping Registry pursuant to subsection (d)(2), on the effective date of such removal. The owner of a vessel subject to an authorization under this subsection shall notify the Secretary of each change in information on which the authorization is based (including information indicative of if the vessel is a qualified vessel) not later than 30 days after such change. The Secretary of the department in which the Coast Guard is operating may not enforce citizenship requirements under section 8103 of title 46, United States Code, or the credentialing requirements under section 8701 of title 46, United States Code, with respect to an individual who is— a national of the United States or a country listed on the Foreign Ally Shipping Registry; and employed on a qualified vessel engaged in trade pursuant to an authorization under subsection (b). For purposes of authorizing transportation of merchandise by a vessel under subsection (b), the Secretary of State, in consultation with the Commandant of the Coast Guard, shall maintain a registry to be known as the Foreign Ally Shipping Registry that contains a list of each country determined by the Secretary to be an ally of the United States for purposes of carrying out coastwise trade under this section. The Secretary, in consultation with the Commandant, may remove from the Foreign Ally Shipping Registry any country determined by the Secretary to no longer be an ally for purposes of carrying out coastwise trade under this section. As soon as is practicable within the 30-day period beginning on the date on which the Secretary determines that a country is no longer an ally under subparagraph (A), the Secretary shall submit to the Committees on Foreign Affairs and Transportation and Infrastructure of the House of Representatives and the Committees on Foreign Relations and Commerce, Science, and Transportation of the Senate a notice of such determination. Removal of a country from the Foreign Ally Shipping Registry under subparagraph (A) shall take effect on the date that is 30 days after the date on which the Secretary submits a notice under subparagraph (B) with respect to the country. Effective immediately upon a declaration of war by Congress on any country on the Foreign Ally Shipping Registry— such country is removed from the Registry; and the Secretary may not add such country to the Registry during the period of such war. The Foreign Ally Shipping Registry shall include each member country of the North Atlantic Treaty Organization, unless and until the date on which such country— is no longer a member country of the North Atlantic Treaty Organization; or is otherwise removed from the Foreign Ally Shipping Registry pursuant to paragraph (2).

3. Exemption from duty on repairs of documented vessels in allied foreign countries Section 466(h) of the Tariff Act of 1930 (19 U.S.C. 1466(h)) is amended— in paragraph (3), by striking or at the end; in paragraph (4), by striking the period at the end and inserting ; or; and by inserting after paragraph (4) the following: the cost of repairs made in a shipyard located in a country listed on the Foreign Ally Shipping Registry pursuant to section 55124(d) of title 46, United States Code, with respect to documented vessels (as such term is defined in section 106 of such title). (5)the cost of repairs made in a shipyard located in a country listed on the Foreign Ally Shipping Registry pursuant to section 55124(d) of title 46, United States Code, with respect to documented vessels (as such term is defined in section 106 of such title). .