Floor SpeechUrgent2026-06-24

Text of Senate Amendment 6377

TaxesEnvironmentDefenseInfrastructure

Context

On 2026-06-24, Senator Mark Kelly (D-AZ) delivered a floor speech titled "Text Of Senate Amendment 6377" in the Senate.

Full Text

Text of Senate Amendment 6377

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3506-S3508] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6377. Mr. KELLY (for himself and Mr. Young) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in title X, insert the following: SEC. __. UNITED STATES GOVERNMENT CARGO. (a) Sense of Congress.--It is the sense of the 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, the Secretary of State, 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 [[Page S3507]] (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.-- (1) In general.--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, the Secretary of State, 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, the Secretary of State, or the Secretary of Transportation, following a determination by the Maritime Administrator, acting in the Administrator's capacity as Director, 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 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 2026, the Maritime Administrator shall facilitate an interagency agreement with 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 Secretary of Transportation shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives-- ``(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.''. (2) Conforming amendments.--Section 55305(d) of title 46, United States Code, is amended-- (A) in paragraph (3)(B) by striking ``or the Secretary of Defense'' and inserting ``, the Secretary of Defense, or the Secretary of State''; and (B) in paragraph (4)(B)(i), by inserting ``or the Secretary of State'' after ``the Secretary of Defense''. (d) Regulations and Guidance.--Not later than 1 year after the date of enactment of this Act, the Maritime Administrator, notwithstanding any other provision of law, regulation, or administrative order, shall-- (1) promulgate regulations under chapter 553 of title 46, United States Code, to fully implement and ensure compliance with sections 55305, 55314, 55315, and 55316 of such title; (2) issue interagency guidance to other Federal departments and agencies on how to administer the programs that are subject to such sections in accordance with those sections, as applicable; and (3) publish such guidance in the Federal Register and on the website of the Maritime Administration. (e) Consultation.--The Administrator may consult with the Food Aid Consultative Group established by section 205 of the Food for Peace Act (7 U.S.C. 1725) in carrying out this section. (f) Repeal of Earlier Regulatory Deadline.--Subsection (a) of section 3502 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (46 U.S.C. 55305 note; Public Law 117-263) is repealed. (g) Audit Required.--Section 55301 of title 46, United States Code, is amended-- (1) in subsection (a)(2), by striking ``section 55305'' and inserting ``sections 55305, 55314, 55315, and 55316''; and (2) by adding at the end the following: ``(d) Notification of Violation.--The Maritime Administrator shall-- ``(1) upon receiving any credible information, as determined by the Administrator, that a shipment of a Federal department or agency covered by a report required under subsection (a) was not in compliance with the requirements of section 55305, 55314, 55315, or 55316 of this title (as applicable), notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than 14 days after receiving such information; and ``(2) upon receiving any credible information, as determined by the Administrator, that a Federal department or agency that administers a program covered by a report required under subsection (a) was not in compliance with the requirements of section 2631 of title 10, United States Code, notify the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives not later than 14 days after receiving such information.''. (h) Financing the Transportation of Agricultural Products and Other Cargo.--Subchapter II of chapter 553 of title 46, United States Code, is amended by inserting after section 55315 the following: ``Sec. 55316. Financing the transportation of agricultural products and other cargo ``(a) Financing of Increased Costs.--Subject to the availability of appropriations, the Secretary of Transportation shall finance any reasonable increased ocean freight costs, as assessed by the Maritime Administrator, incurred in any fiscal year by a covered agency that result from the application of section 55305 of this title, including the application of such section to the activities specified in section 55314(b) of this title. ``(b) Reimbursement of Increased Costs.-- ``(1) In general.--The Secretary of Transportation shall reimburse a covered agency for the amount by which, in any fiscal year-- ``(A) the total cost of ocean freight and ocean freight differential for which obligations are incurred by the covered agency under section 55305 of this title, including pursuant to the application of such section to the activities specified in section 55314(b) of this title; exceeds ``(B) 20 percent of the total value of the cargo, including agricultural products, transported under such section 55305, including pursuant to the application of such section to such activities, and the cost of the ocean freight and ocean freight differential, as assessed by the Maritime Administrator, on which obligati

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Text of Senate Amendment 6377 Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3506-S3508] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6377. Mr. KELLY (for himself and Mr. Young) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in title X, insert the following: SEC. __. UNITED STATES GOVERNMENT CARGO. (a) Sense of Congress.--It is the sense of the 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, the Secretary of State, 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 [[Page S3507]] (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.-- (1) In general.--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, the Secretary of State, 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, the Secretary of State, or the Secretary of Transportation, following a determination by the Maritime Administrator, acting in the Administrator's capacity as Director, 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 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 2026, the Maritime Administrator shall facilitate an interagency agreement with 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 Secretary of Transportation shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives-- ``(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.''. (2) Conforming amendments.--Section 55305(d) of title 46, United States Code, is amended-- (A) in paragraph (3)(B) by striking ``or the Secretary of Defense'' and inserting ``, the Secretary of Defense, or the Secretary of State''; and (B) in paragraph (4)(B)(i), by inserting ``or the Secretary of State'' after ``the Secretary of Defense''. (d) Regulations and Guidance.--Not later than 1 year after the date of enactment of this Act, the Maritime Administrator, notwithstanding any other provision of law, regulation, or administrative order, shall-- (1) promulgate regulations under chapter 553 of title 46, United States Code, to fully implement and ensure compliance with sections 55305, 55314, 55315, and 55316 of such title; (2) issue interagency guidance to other Federal departments and agencies on how to administer the programs that are subject to such sections in accordance with those sections, as applicable; and (3) publish such guidance in the Federal Register and on the website of the Maritime Administration. (e) Consultation.--The Administrator may consult with the Food Aid Consultative Group established by section 205 of the Food for Peace Act (7 U.S.C. 1725) in carrying out this section. (f) Repeal of Earlier Regulatory Deadline.--Subsection (a) of section 3502 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (46 U.S.C. 55305 note; Public Law 117-263) is repealed. (g) Audit Required.--Section 55301 of title 46, United States Code, is amended-- (1) in subsection (a)(2), by striking ``section 55305'' and inserting ``sections 55305, 55314, 55315, and 55316''; and (2) by adding at the end the following: ``(d) Notification of Violation.--The Maritime Administrator shall-- ``(1) upon receiving any credible information, as determined by the Administrator, that a shipment of a Federal department or agency covered by a report required under subsection (a) was not in compliance with the requirements of section 55305, 55314, 55315, or 55316 of this title (as applicable), notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than 14 days after receiving such information; and ``(2) upon receiving any credible information, as determined by the Administrator, that a Federal department or agency that administers a program covered by a report required under subsection (a) was not in compliance with the requirements of section 2631 of title 10, United States Code, notify the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives not later than 14 days after receiving such information.''. (h) Financing the Transportation of Agricultural Products and Other Cargo.--Subchapter II of chapter 553 of title 46, United States Code, is amended by inserting after section 55315 the following: ``Sec. 55316. Financing the transportation of agricultural products and other cargo ``(a) Financing of Increased Costs.--Subject to the availability of appropriations, the Secretary of Transportation shall finance any reasonable increased ocean freight costs, as assessed by the Maritime Administrator, incurred in any fiscal year by a covered agency that result from the application of section 55305 of this title, including the application of such section to the activities specified in section 55314(b) of this title. ``(b) Reimbursement of Increased Costs.-- ``(1) In general.--The Secretary of Transportation shall reimburse a covered agency for the amount by which, in any fiscal year-- ``(A) the total cost of ocean freight and ocean freight differential for which obligations are incurred by the covered agency under section 55305 of this title, including pursuant to the application of such section to the activities specified in section 55314(b) of this title; exceeds ``(B) 20 percent of the total value of the cargo, including agricultural products, transported under such section 55305, including pursuant to the application of such section to such activities, and the cost of the ocean freight and ocean freight differential, as assessed by the Maritime Administrator, on which obligati