United States Government cargo

(a) Sense of congress It is the sense of Congress that— (1) only the Maritime Administrator, acting in the Administrator’s capacity as Director of the National Shipping Authority, has the authority to determine the non-availability of qualified capacity of vessels of the United States (referred to in this subsection as qualified United States flag capacity) at fair and reasonable rates for commercial vessels of the United States to meet the requirements of section 55305 or 55314 of title 46, United States Code; (2) the requirements of section 55305 or 55314 of title 46, United States Code, may only be waived temporarily by the President, the Secretary of Defense, or the Secretary of Transportation during a declared emergency justifying such a temporary waiver, following a determination by the Maritime Administrator, acting in the Maritime Administrator's capacity as Director of the National Shipping Authority, of the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States pursuant to section 55305(d) of title 46, United States Code; and (3) nothing in title II of the Food for Peace Act (7 U.S.C. 1721 et seq.) authorizes an agency to waive the requirements of section 55305 or 55314 of title 46, United States Code, without first obtaining— (A) delegated authority from the President of the United States; (B) an emergency declaration justifying such a temporary waiver, pursuant to section 55305(d) of title 46, United States Code; and (C) a determination by the Maritime Administrator, acting in the Maritime Administrator’s capacity as Director of the National Shipping Authority, on the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States pursuant to section 55305(d) of title 46, United States Code. (b) Applicable percentage (1) In general Section 55305(a) of title 46, United States Code, is amended by striking at least 50 and inserting 100. (2) Effective date The amendment made by paragraph (1) shall take effect on the date that is 180 days after the date of enactment of this Act. (c) Waiver Section 55305(d)(1) of title 46, United States Code, is amended to read as follows: (1) Waiver authority (A) In general Notwithstanding any other provision of law, when the President, the Secretary of Defense, or the Secretary of Transportation declares the existence of an emergency justifying a temporary waiver of this section or section 55314 of this title, the President, the Secretary of Defense, or the Secretary of Transportation, following a determination by the Maritime Administrator, acting in the Administrator’s capacity as Director, National Shipping Authority, in consultation with the Maritime Security Board, of the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States to meet the requirements of this section or section 55314 of this title, may waive compliance with such section to the extent, in the manner, and on the terms the Maritime Administrator, acting in such capacity, prescribes, and no other waivers of the requirements of this section or section 55314 of this title shall be authorized. (B) Interagency agreement for the determination of non-availability (i) In general Not later than 180 days after the date of enactment of the SHIPS for America Act of 2025, the Maritime Security Advisor shall facilitate an interagency agreement between the Maritime Administrator and the head of each agency subject to the requirements of subsection (a). (ii) Contents Each interagency agreement shall include— (I) an explanation of the process the agency shall follow to request a determination of non-availability by the Maritime Administrator under subparagraph (A); (II) a standard process that the Maritime Administrator shall follow for making such a determination of non-availability; and (III) deadlines— (aa) for when an agency shall submit a request for such a determination of non-availability prior to the transportation of equipment, materials, or commodities subject to subsection (a); and (bb) for when the Maritime Administrator shall make such a determination of non-availability after receiving a request for a temporary waiver under subparagraph (A). (iii) Congressional notification The Maritime Security Advisor shall notify the appropriate committees of Congress— (I) when each interagency agreement required under this subparagraph is finalized; and (II) any time that an interagency agreement required under this subparagraph is updated.. (d) Clarification Section 55305(d)(3)(B) of title 46, United States Code, is amended by inserting Maritime Security Board and the after to the.