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Limitation on waiver of navigation and vessel-inspection laws to address foreign entities of concern

Division C · Title XXXV: Maritime Administration · Subtitle C: Other Matters

Plain-language summaryAI

Vessels cannot operate under a waiver of navigation and vessel-inspection laws unless the owner, operator, or waiver requester provides proof that the vessel is not controlled by a foreign entity of concern, and the Maritime Administrator verifies this proof. This rule applies to all vessels operating on or after the law's enactment, even if they had a waiver before then.

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Section Text · Sec. 3521.
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(a) Limitation

Section 501 of title 46, United States Code, is amended—

(1)

by redesignating subsection (d) as subsection (e); and

(2)

by inserting after subsection (c) the following new subsection:

(d) Limitation relating to foreign entities of concern

No vessel may operate under a waiver issued under this section until—

(1)

the owner or operator of the vessel and the individual requesting such waiver (if not the owner or operator of the vessel) submits to the Maritime Administrator sufficient proof that the vessel is not owned, operated, or crewed by a foreign entity of concern, as such term is defined in section 10612 of the CHIPS Act of 2022 ( Public Law 117–167 ; 42 U.S.C. 19221 ); and

(2)

the Maritime Administrator confirms the validity of the proof submitted under paragraph (1).

(b) Applicability

The amendments made by subsection (a) shall apply with respect to vessels operating on or after the date of the enactment of this Act, regardless of whether a waiver governing such operation has been issued under section 501 of title 46, United States Code, prior to such date of enactment.