H.R. 3202 (112th): American Mariners Job Protection Act

HR 3202 IH

To amend title 46, United States Code, to require the Maritime Administrator, in making determinations regarding the non-availability of qualified United States flag capacity to meet national defense requirements, to identify any actions that could be taken to enable such capacity to meet some or all of those requirements, and for other purposes.

October 14, 2011

Mr. CUMMINGS (for himself, Mr. LANDRY, Mr. THOMPSON of Mississippi, Mr. KING of New York, Mrs. MILLER of Michigan, Mr. LOBIONDO, Ms. BROWN of Florida, Ms. HIRONO, Mr. RAHALL, and Mr. LARSEN of Washington) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To amend title 46, United States Code, to require the Maritime Administrator, in making determinations regarding the non-availability of qualified United States flag capacity to meet national defense requirements, to identify any actions that could be taken to enable such capacity to meet some or all of those requirements, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘American Mariners Job Protection Act’.

SEC. 2. IDENTIFICATION OF ACTIONS TO ENABLE QUALIFIED UNITED STATES FLAG CAPACITY TO MEET NATIONAL DEFENSE REQUIREMENTS.

(a) Identification of Actions- Section 501(b) of title 46, United States Code, is amended--

(1) by inserting ‘(1)’ before ‘When the head’; and

(2) by adding at the end the following:

‘(2) The Administrator of the Maritime Administration shall--

‘(A) in each determination referred to in paragraph (1), identify any actions that could be taken to enable qualified United States flag capacity to meet national defense requirements;

‘(B) provide each such determination to the Secretary of Transportation and the head of the agency referred to in paragraph (1) for which the determination is made; and

‘(C) publish each such determination on the Internet site of the Department of Transportation within 48 hours after it is provided to the Secretary of Transportation.

‘(3)(A) The Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall notify the Committees on Appropriations, Transportation and Infrastructure, and Homeland Security of the House of Representatives and the Committees on Appropriations and Commerce, Science, and Transportation of the Senate--

‘(i) of any request for a waiver of the navigation or vessel-inspection laws under this section not later than 48 hours after receiving the request; and

‘(ii) of the issuance of any waiver of compliance of such a law not later than 48 hours after such issuance.

‘(B) The Secretary shall include in each notification under subparagraph (A)(ii) an explanation of--

‘(i) the reasons the waiver is necessary; and

‘(ii) the reasons actions referred to in subparagraph (A) are not feasible.’.

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