46 U.S.C. § 501 — Waiver of navigation and vessel-inspection laws

(a) On request of the Secretary of Defense. (1) In general. If the Secretary of Defense asks, the head of the agency^* that normally enforces navigation or vessel^*-inspection laws must waive those laws as far as the Secretary of Defense says is needed to protect military operations from an immediate problem. (2) Explanation to Congress. Within 24 hours of asking for this waiver, the Secretary of Defense must send Congress a written explanation, including confirmation that there aren't enough qualified vessels available without the waiver.

(b) By head of agency. (1) In general. If the President decides a waiver is needed for national defense, the head of the agency in charge of navigation or vessel-inspection laws may waive them — but only after the Maritime Administrator (acting as Director of the National Shipping Authority) determines, following the process in paragraph (3), that there aren't enough qualified U.S.-flag ships available; only starting 48 hours after the waiver request is published under paragraph (6)(A); and only for specific named vessels, on terms the agency head sets after consulting the Administrator. (2) Duration. (A) A waiver under this subsection normally lasts no more than 10 days. (B) The agency head can extend it once for up to 10 more days if the Maritime Administrator makes the same non-availability finding again. (C) All waivers and extensions for the same set of events together cannot exceed 45 days. (3) Determinations. The Maritime Administrator must: (A) for each finding, first identify steps that could make enough U.S.-flag ships available before issuing a waiver, and not judge availability after the fact, once a waiver has already been requested; (B) notify the Secretary of Transportation and the requesting agency head of each finding; and (C) publish each finding on the Department of Transportation's website within 48 hours of notifying the Secretary of Transportation. (4) Notice to Congress. (A) The agency head must tell the House Transportation and Infrastructure and Armed Services Committees, and the Senate Commerce and Armed Services Committees, within 48 hours of receiving a waiver request and within 48 hours of issuing a waiver. (B) That notice must explain why the waiver is needed and why other options weren't workable. (C) Extensions are treated the same as new waivers for these notice rules. (5) No retroactive use. A waiver cannot be issued for a vessel that, at the time of the request, is already carrying cargo that the waiver would let it unload at U.S. ports normally off-limits to it. (6) Publication. (A) The agency must publish each waiver request on its website. (B) If it denies a waiver, it must publish its reasons within 48 hours, including the findings that support the denial.

(c) Report. (1) Within 10 days after a voyage made under a waiver ends, the vessel's owner or operator, and whoever requested the waiver (if different), must send the Maritime Administrator a report listing the vessel's name and flag, its owner and operator, the voyage dates, the ports visited, a description of the cargo, why the waiver served national defense, and anything else the Administrator requires. (2) The Maritime Administrator must publish that report on a Department of Transportation website within 48 hours of receiving it.

(d) Termination of authority. This power to grant waivers ends whenever Congress says so by a joint resolution, or whenever the President says so.