[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Page S7500]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4011. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
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, insert the following:

     SEC. __. WAIVER OF COASTWISE ENDORSEMENT REQUIREMENTS.

       Section 12112 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(c) Waivers In Cases of Product Carrier Scarcity or 
     Unavailability.--
       ``(1) In general.--The head of an agency shall, upon 
     request, temporarily waive the requirements of subsection 
     (a), including the requirement to satisfy section 12103, if 
     the person requesting that waiver reasonably demonstrates to 
     the head of an agency that--
       ``(A) there is no product carrier, with respect to a 
     specified good, that meets such requirements, exists, and is 
     available to carry such good; and
       ``(B) the person made a good faith effort to locate a 
     product carrier that complies with such requirements.
       ``(2) Duration.--Any waiver issued under paragraph (1) 
     shall be limited in duration, and shall expire by a specified 
     date that is not less than 30 days after the date on which 
     the waiver is issued.
       ``(3) Extension.--Upon request, if the circumstances under 
     which a waiver was issued under paragraph (1) have not 
     substantially changed, the head of an agency shall, without 
     delay, grant one or more extensions to a waiver issued under 
     paragraph (1), for periods of not less than 15 days each.
       ``(4) Deadline for waiver response.--
       ``(A) Response deadline.--Not later than 60 days after 
     receiving a request for a waiver under paragraph (1), the 
     head of an agency shall approve or deny such request.
       ``(B) Findings in support of denied waiver.--If the head of 
     an agency denies such a request, the head of an agency shall, 
     not later than 14 days after denying the request, submit to 
     the requester a report that includes the findings that served 
     as the basis for denying the request.
       ``(C) Request deemed granted.--If the head of an agency has 
     neither granted nor denied the request before the response 
     deadline described in subparagraph (A), the request shall be 
     deemed granted on the date that is 61 days after the date on 
     which the head of an agency received the request. A waiver 
     that is deemed granted under this subparagraph shall be valid 
     for a period of 30 days.
       ``(5) Notice to congress.--
       ``(A) In general.--The head of an agency shall notify 
     Congress--
       ``(i) of any request for a temporary waiver under this 
     subsection, not later than 48 hours after receiving such 
     request; and
       ``(ii) of the issuance of any such waiver, not later than 
     48 hours after such issuance.
       ``(B) Contents.--The head of an agency shall include in 
     each notification under subparagraph (A)(ii) a detailed 
     explanation of the reasons the waiver is necessary.
       ``(6) Definitions.--In this subsection:
       ``(A) Product carrier.--The term `product carrier', with 
     respect to a good, means a vessel constructed or adapted 
     primarily to carry such good in bulk in the cargo spaces.
       ``(B) Head of an agency.--The term ``head of an agency'' 
     means an individual, or such individual acting in that 
     capacity, who is responsible for the administration of the 
     navigation or vessel inspection laws.''.
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