May 1, 2025
Ms. Murkowski introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
To amend section 1151 of title 14, United States Code, to modify the restriction on construction of Coast Guard vessels in foreign shipyards.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Modification of restriction on construction of vessels in foreign shipyards
Section 1151 of title 14, United States Code, is amended—
(1)
in subsection (a), by striking Except
and inserting the following:
(a) In general
Except; and
(2)
by amending subsection (b) to read as follows:
(b) Exceptions
(1) National security interest
(A) In general
The President may authorize exceptions to the prohibition in subsection (a) when the President determines that it is in the national security interest of the United States to do so.
(B) Notification
The President shall transmit notice to Congress of any such determination, and no contract may be made pursuant to the exception authorized until the end of the 30-day period beginning on the date the notice of such determination is received by Congress.
(C) Certification
The President may only authorize an exception under this paragraph if the President, in coordination with the Commandant, has certified to Congress that—
(i)
the foreign shipyard concerned is—
(I)
a member of the North Atlantic Treaty Organization; or
(II)
party to an active United States defense treaty in the Indo-Pacific region;
(ii)
the cost to the United States Government of using such foreign shipyard for construction described in subsection (a) is less than the cost to the United States Government of using a domestic shipyard for such construction;
(iii)
the timeline for the design, construction, and delivery of a vessel or major component described in subsection (a) from a domestic shipyard is more than 18 months later than the timeline for the design, construction, and delivery of such vessel or major component from such foreign shipyard; and
(iv)
during the 5-year period ending on the date on which the certification is submitted, the foreign shipyard concerned has demonstrated the capacity to design, construct, and deliver a vessel capable of performing the missions specified in section 888(a) of the Homeland Security Act of 2002 (8 U.S.C. 468(a))—
(I)
at a cost to the United States Government that is less than the cost of using a domestic shipyard; and
(II)
within a timeline for design, construction, and delivery that is less than 18 months later than such a timeline from a domestic shipyard.
(2) Acquisition of completed vessel
The Secretary may acquire from a foreign shipyard a completed vessel if—
(A)
the foreign shipyard is—
(i)
a member of the North Atlantic Treaty Organization; or
(ii)
party to an active United States defense treaty in the Indo-Pacific region; and
(B)
the government of the country in which the foreign shipyard is located enters into a warranty agreement with the United States Government with respect to such vessel.