On April 20th, a bipartisan, bicameral group of lawmakers, including Senator Mark Kelly (D-Ariz.) and Senator Todd Young (R-Ind.) in the Senate and Representative John Garamendi (D-Calif.) and Representative Trent Kelly (R-Miss.) in the House, reintroduced the Shipbuilding and Harbor Infrastructure for Prosperity and Security for America Act of 2025 (the “SHIPS Act” or the “Act”). The SHIPS Act’s sponsors describe the bill as a “comprehensive approach to revitalizing the U.S. Merchant Marine.” It aims to: (1) establish national oversight and consistent funding for U.S. maritime policy; (2) make U.S.-flagged vessels more commercially competitive through de-regulation; (3) rebuild the U.S. shipyard industrial base; and (4) expand and strengthen the maritime labor force. It also sets a goal for establishing a fleet of 250 U.S.-flagged vessels in international commerce.

A predecessor bill, the SHIPS for America Act of 2024, garnered bipartisan support last year after its initial introduction in Congress, and the current iteration of the legislation may find similar support from industry, labor, and lawmakers. Additionally, given the parallels between the Act and President Trump’s recent Executive Order 14269, which we addressed in this post, the new SHIPS Act could attract backers in the Trump administration as well.  We describe several of the Act’s key features below.

Maritime Security Board and Maritime Security Trust Fund

The SHIPS Act’s sponsors identify increasing oversight and funding for the U.S. maritime sector as a critical component of revitalizing the domestic maritime industry. If enacted, the Act would require the President to establish the position of Maritime Security Advisor within the White House to lead an interagency Maritime Security Board. The Act would task the Maritime Security Board with making whole-of-government strategic decisions to implement a National Maritime Strategy coordinating the domestic marine transportation system.

The Act also would establish a Maritime Security Trust Fund as a dedicated source of funding for critical maritime security programs. Financing for the fund would come from the reinvestment of duties and fees paid by the maritime industry, including taxes and penalties collected by U.S. Customs and Border Protection. These fees would include a new penalty on vessels that are owned or operated by a foreign entity of concern or registered to a foreign country of concern (defined as Russia, China, Iran, and North Korea), as well as vessel owners who conduct significant amounts of business with the CCP-owned China State Shipbuilding Corporation (CSSC).

Rulemaking Committee on Commercial Maritime Regulations

The Act would establish a Rulemaking Committee on Commercial Maritime Regulations and Standards within the Coast Guard. This body would be tasked with evaluating opportunities to better align priorities and limit redundancies between the regulatory standards of the U.S. Coast Guard and the International Maritime Organization (IMO), “while protecting United States mariners and the United States maritime industry from foreign regulations that undermine the maritime industrial competitiveness of the United States.” Committee responsibilities would also include adjusting duties to enhance the competitiveness of cargo on U.S.-flagged ships, ensuring that cargo financed by the U.S. government is transported on U.S.-flagged vessels, and requiring a portion of commercial goods imported from China to move aboard U.S.-flagged vessels starting in 2030.

Expansion of Cargo Preferences

The Act also would expand cargo preference requirements across both governmental and private shipping. For instance, the Act would raise the percentage of U.S. government cargo that must sail on U.S.- flagged vessels from 50% to 100%, and establish a commercial cargo preference, requiring that within 15 years, 10% of all cargo imported into the United States from the People’s Republic of China be imported on U.S.-flagged vessels. To aid in compliance efforts for cargo preference requirements, the Act would establish a Ship America Office within the Maritime Administration, including the establishment of a “Ship America” verification program, to help identify goods and services that were shipped on U.S.-flagged and crewed vessels.

Tax Credits and Financial Assistance for the U.S. Shipyard Industrial Base

The Act also includes several provisions to expand the U.S. shipyard industrial base, for both miliary and commercial vessels. These initiatives include a 25% tax credit for investment in qualifying domestic shipyard facilities, and a 33% tax credit for investment made by a taxpayer to construct, repower, or reconstruct an eligible oceangoing vessel in the United States. Qualifying facilities for the 25% investment credit would include both civil and military shipyards and manufacturing facilities dedicated to making critical components for those vessels. The Act also would convert the Title XI Federal Ship Financing Program into a revolving fund, establish a Shipbuilding Financial Incentives program to support new approaches to domestic ship building and ship repair, and expand eligibility under the Department of Energy’s loan guarantee program to support investments in U.S.-flag vessels, shipyards, marine terminals, and port facilities. 

Additional Funding and Support for the Maritime Labor Force

The Act promises significant investment in the maritime workforce by, among other things, establishing a Maritime Workforce Promotion and Recruitment Campaign through an amendment to the FY 2025 NDAA and allocating additional funding to the U.S. Merchant Marine Academy and supporting State Maritime Academies. The Act also aims to streamline and modernize the U.S. Coast Guard’s Merchant Mariner Credentialing system.

Department of Defense Programs

Finally, several of the Act’s provisions are directed at the U.S. Navy and Coast Guard. For example, one initiative would require the Navy and Coast Guard to assess and integrate commercial best practices into the design, construction, and repair of Navy and Coast Guard vessels to help shipbuilders efficiently serve both military and commercial customers. Another section of the Act requires a plan for using the Defense Production Act and related authorities to enhance shipyard infrastructure and support the industrial base. Further, the Act establishes additional authorities (and reporting obligations) for the Secretary of the Navy related to recruitment and retention efforts at Military Sealift Command.

Next Steps . . .

Once the SHIPS Act is introduced formally and assigned a bill number in each chamber, it will be referred to the relevant committees—likely the Finance Committee in the Senate and the House Committees on Armed Services, Transportation and Infrastructure, Ways and Means, and Education and the Workforce, among others—for further consideration and markup. That process will determine whether the bill advances as standalone legislation or is absorbed into a broader legislative package—such as the FY 2025 NDAA. Still, the path ahead is uncertain. Competing legislative priorities, unresolved funding questions, and jurisdictional complexities could all slow or stall the Act’s progress.

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Photo of Scott A. Freling Scott A. Freling

Scott Freling divides his practice between representing civilian and defense contractors in traditional government contracts matters and guiding buyers and sellers—including a number of leading private equity firms—through the regulatory aspects of complex government contracts M&A deals. Scott co-chairs the firm’s Government Contracts…

Scott Freling divides his practice between representing civilian and defense contractors in traditional government contracts matters and guiding buyers and sellers—including a number of leading private equity firms—through the regulatory aspects of complex government contracts M&A deals. Scott co-chairs the firm’s Government Contracts practice.

Scott is sought after for his regulatory expertise and his ability to apply that knowledge to the transactional environment. Scott has deep experience leading classified and unclassified due diligence reviews of government contractors, negotiating transaction documents, and assisting with integration and other post-closing activities. He has been the lead government contracts lawyer in dozens of M&A deals, with a combined value of more than $79 billion. This has included Warburg Pincus and Berkshire Partners’ pending deal to acquire TRIUMPH for approximately $3 billion, Advent’s acquisition of Maxar Technologies for $6.4 billion, Aptiv’s acquisition of Wind River for $3.5 billion, and Veritas Capital’s sale of Alion Science and Technology to Huntington Ingalls for $1.65 billion.

Scott also represents contractors at all stages of the procurement process and in their dealings with federal, state, and local government customers. He handles a wide range of government contracts matters, including compliance counseling, claims, disputes, audits, and investigations. In addition, Scott counsels clients on risk mitigation strategies, including obtaining SAFETY Act liability protection for anti-terrorism technologies.

Scott has been recognized by Law360 as a MVP in government contracts. He is a past co-chair of the Mergers and Acquisitions Committee of the ABA’s Public Contract Law Section.

Photo of Michael Wagner Michael Wagner

Mike Wagner represents companies and individuals in complex compliance and enforcement matters arising in the public procurement context. Combining deep regulatory expertise and extensive investigations experience, Mike helps government contractors navigate detailed procurement rules and achieve the efficient resolution of government investigations and…

Mike Wagner represents companies and individuals in complex compliance and enforcement matters arising in the public procurement context. Combining deep regulatory expertise and extensive investigations experience, Mike helps government contractors navigate detailed procurement rules and achieve the efficient resolution of government investigations and enforcement actions.

Mike regularly represents contractors in federal and state compliance and enforcement matters relating to a range of procurement laws and regulations. He has particular experience handling investigations and litigation brought under the civil False Claims Act, and he routinely counsels government contractors on mandatory and voluntary disclosure considerations under the FAR, DFARS, and related regulatory regimes. He also represents contractors in high-stakes suspension and debarment matters at the federal and state levels, and he has served as Co-Chair of the ABA Suspension & Debarment Committee and is principal editor of the American Bar Association’s Practitioner’s Guide to Suspension & Debarment (4th ed.) (2018).

Mike also has extensive experience representing companies pursuing and negotiating grants, cooperative agreements, and Other Transaction Authority agreements (OTAs). In this regard, he has particular familiarity with the semiconductor and clean energy industries, and he has devoted substantial time in recent years to advising clients on strategic considerations for pursuing opportunities under the CHIPS Act, Inflation Reduction Act, and Bipartisan Infrastructure Law.

In his counseling practice, Mike regularly advises government contractors and suppliers on best practices for managing the rapidly-evolving array of cybersecurity and supply chain security rules and requirements. In particular, he helps companies assess and navigate domestic preference and country-of-origin requirements under the Buy American Act (BAA), Trade Agreements Act (TAA), Berry Amendment, and DOD Specialty Metals regulation. He also assists clients in managing product and information security considerations related to overseas manufacture and development of Information and Communication Technologies & Services (ICTS).

Mike serves on Covington’s Hiring Committee and is Co-Chair of the firm’s Summer Associate Program. He is a frequent writer and speaker on issues relating to procurement fraud and contractor responsibility, and he has served as an adjunct professor at the George Washington University Law School.

Photo of Stephanie Barna Stephanie Barna

Stephanie Barna draws on over three decades of U.S. military and government service to provide advisory and advocacy support and counseling to clients facing policy and political challenges in the aerospace and defense sectors.

Prior to joining the firm, Stephanie was a senior…

Stephanie Barna draws on over three decades of U.S. military and government service to provide advisory and advocacy support and counseling to clients facing policy and political challenges in the aerospace and defense sectors.

Prior to joining the firm, Stephanie was a senior leader on Capitol Hill and in the U.S. Department of Defense (DoD). Most recently, she was General Counsel of the Senate Armed Services Committee, where she was responsible for the annual $740 billion National Defense Authorization Act (NDAA). Additionally, she managed the Senate confirmation of three- and four-star military officers and civilians nominated by the President for appointment to senior political positions in DoD and the Department of Energy’s national security nuclear enterprise, and was the Committee’s lead for investigations.

Previously, as a senior executive in the Office of the Army General Counsel, Stephanie served as a legal advisor to three Army Secretaries. In 2014, Secretary of Defense Chuck Hagel appointed her to be the Principal Deputy Assistant Secretary of Defense for Manpower and Reserve Affairs. In that role, she was a principal advisor to the Secretary of Defense on all matters relating to civilian and military personnel, reserve integration, military community and family policy, and Total Force manpower and resources. Stephanie was later appointed by Secretary of Defense Jim Mattis to perform the duties of the Under Secretary of Defense for Personnel and Readiness, responsible for programs and funding of more than $35 billion.

Stephanie was also previously the Deputy General Counsel for Operations and Personnel in the Office of the Army General Counsel. She led a team of senior lawyers in resolving the full spectrum of issues arising from Army wartime operations and the life cycle of Army military and civilian personnel. Stephanie was also a personal advisor to the Army Secretary on his institutional reorganization and business transformation initiatives and acted for the Secretary in investigating irregularities in fielding of the Multiple Launch Rocket System and classified contracts. She also played a key role in a number of high-profile personnel investigations, including the WikiLeaks breach. Prior to her appointment as Deputy, she was Associate Deputy General Counsel (Operations and Personnel) and Acting Deputy General Counsel.

Stephanie is a retired Colonel in the U.S. Army and served in the U.S. Army Judge Advocate General’s Corps as an Assistant to the General Counsel, Office of the Army General Counsel; Deputy Staff Judge Advocate, U.S. Army Special Forces Command (Airborne); Special Assistant to the Assistant Secretary of the Army (Manpower & Reserve Affairs); and General Law Attorney, Administrative Law Division.

Stephanie was selected by the National Academy of Public Administration for inclusion in its 2022 Class of Academy Fellows, in recognition of her years of public administration service and expertise.

Photo of Homer La Rue Homer La Rue

Homer La Rue is an associate in the firm’s Washington, DC office and a member of the Government Contracts Practice Group. Drawing on his experience in industry and at the U.S. Department of Defense (DOD), Homer advises a diverse mix of clients on…

Homer La Rue is an associate in the firm’s Washington, DC office and a member of the Government Contracts Practice Group. Drawing on his experience in industry and at the U.S. Department of Defense (DOD), Homer advises a diverse mix of clients on a broad range of matters related to government contracting, including: complex regulatory compliance matters, high-stakes investigations, enforcement actions, corporate transactions, and prime contractor / subcontractor disputes. Prior to joining the firm, Homer spent over a decade at the Defense Contract Management Agency (DCMA) working in support of key Defense and Intelligence Community buying commands. As a warranted Corporate Administrative Contracting Officer (CACO), Homer’s duties included a wide range of enterprise-wide contract administration and audit resolution functions.

Homer also maintains an active pro bono practice focused on indigent criminal defense.

Photo of Martin Levy Martin Levy

Martin Levy is an associate in the firm’s Washington office and a member of the Government Contracts Practice Group.

Martin has a particular focus on industrial policy matters and helps clients navigate the legal and compliance issues applicable to organizations and projects that…

Martin Levy is an associate in the firm’s Washington office and a member of the Government Contracts Practice Group.

Martin has a particular focus on industrial policy matters and helps clients navigate the legal and compliance issues applicable to organizations and projects that utilize federal incentives, grants, and loans under the Inflation Reduction Act, the Infrastructure Investment and Jobs Act, and the CHIPS and Science Act. Additionally, Martin works with clients to navigate domestic preference requirements under the Build America, Buy America Act, and prevailing wage standards under the Davis-Bacon and Related Acts.

Martin also has extensive experience advising on environmental and climate policy issues, including greenhouse gas regulatory requirements and international standards. Martin maintains an active pro bono practice advising non-governmental organizations, community organizations, and state and local governments on compliance issues associated with utilizing federal financial assistance.

Before joining Covington, Martin was a vetting attorney with the Biden-Harris Presidential Transition, a law clerk at the Eastern District of New York, and an undergraduate environmental law instructor at Boston College.