S. 1536

119th CONGRESS 1st Session

To amend the Internal Revenue Code of 1986 to support the national defense and economic security of the United States by supporting vessels, ports, and shipyards of the United States and the United States maritime workforce through tax policy.

IN THE SENATE OF THE UNITED STATES · April 30, 2025 · Sponsor: Mr. Kelly · Committee: Committee on Finance

Sec. 1. Short title; table of contents.

(a) Short title
- This Act may be cited as the Building Ships in America Act of 2025.
- Short title
(b) Table of contents

Sec. 2. United States vessel investment credit.

(a) In general
- For purposes of section 46, the United States Vessel Investment credit for any taxable year is an amount equal to the applicable percentage of any qualified investment for such taxable year with respect to any qualified vessel.
- (b) Applicable percentage
  - For purposes of subsection (a), the applicable percentage with respect to any qualified vessel shall be an amount equal to the sum of—
    - 33 percent, plus
    - in the case of any qualified vessel for which the owner of such vessel will, as part of the agreement described in subsection (d)(1)(F) and for the duration of such agreement, obtain protection and indemnity insurance with respect to such vessel from an insurance company that is domiciled and headquartered in the United States and is an underwriter that is approved by the Maritime Administrator, 5 percent, plus
    - in the case of any qualified vessel which is classified by and designed in accordance with the rules of the American Bureau of Shipping or any other classification society headquartered in the United States and recognized by the Secretary of the department in which the Coast Guard is operating in accordance with section 3316 of title 46, United States Code, 2 percent.
- (c) Qualified investment
  - For purposes of subsection (a), the qualified investment with respect to any qualified vessel is equal to the amount paid or incurred by the taxpayer in connection with the construction, repowering, or reconstruction of such vessel—
    - in a shipyard of the United States, and
    - by an entity which is not a foreign entity of concern.
- (d) Qualified vessel
  - (1) In general
    - For purposes of this section, the term qualified vessel means a cargo vessel—
      - which is a United States flag vessel (as defined in section 1355),
      - which, in the case of any repowering or reconstruction of such vessel, was originally constructed in the United States,
      - which operates in providing transportation in the United States foreign trade (as such term is defined in section 1355(a)),
      - which is not a passenger vessel, as defined in section 2101 of title 46, United States Code,
      - which is—
        
        (i) a bulk carrier vessel,
        
        (ii) a tanker vessel,
        
        (iii) a roll-on/roll-off vessel,
        
        (iv) a container vessel,
        
        (v) a multi-purpose vessel,
        
        (vi) a cable vessel,
        
        (vii) a heavy-lift vessel, or
        
        (viii) any other type of vessel determined appropriate by the Maritime Administrator,
      - which, pursuant to an agreement between the taxpayer and the Maritime Administrator, operates as a vessel of the United States for a period of not less than 10 years,
      - which has entered into an emergency preparedness agreement under section 53107 or 53407 of title 46, United States Code, or a contingency agreement under section 53207 of such title, or has otherwise entered into a voluntary agreement and plan of action with the Administrator of the Maritime Administration as authorized under section 708(c) of the Defense Production Act of 1950 (50 U.S.C. 4558(c)), and
      - the construction of which begins before January 1, 2033.
  - (2) Exclusion related to foreign entities of concern
    - The term shall not include a vessel which— qualified vessel
      - is, or was previously, owned or operated by a foreign entity of concern,
      - was constructed, repowered, or reconstructed in a shipyard which is owned or operated by a foreign entity of concern, or
      - was registered as a vessel of a foreign country of concern at any time prior to being placed in service by the taxpayer.
- (e) Definitions
  - For purposes of this section—
  - Definitions
  - (1) Foreign country of concern
    - The term foreign country of concern means—
      - a country that is a covered nation (as defined in section 4872(d) of title 10, United States Code), and
      - any country that the Maritime Administrator, in consultation with the Secretary of Defense, the Secretary of State, the Director of National Intelligence, and the Chair of the Federal Maritime Commission, determines to be engaged in conduct that is detrimental to the national security or foreign policy of the United States.
  - (2) Foreign entity
    - The term — foreign entity
      - means—
        
        (i) a government of a foreign country or a foreign political party, as those terms are defined in section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611),
        
        (ii) a natural person who is not a lawful permanent resident of the United States, a citizen of the United States, or any other protected individual (as such term is defined in section 274B(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1324b(a)(3))), or
        
        (iii) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country, and
      - includes—
        
        (i) any person (including an owner or operator of a vessel) owned by, controlled by, or subject to the direction of an entity listed in subparagraph (A),
        
        (ii) any person, wherever located, who acts as an agent, representative, or employee of an entity listed in subparagraph (A),
        
        (iii) any person who acts in any other capacity at the order, request, or under the direction or control, of an entity listed in subparagraph (A), or of a person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by an entity listed in subparagraph (A),
        
        (iv) any person who directly or indirectly through any contract, arrangement, understanding, relationship, or otherwise, owns 25 percent or more of the equity interests of an entity listed in subparagraph (A),
        
        (v) any person with significant responsibility to control, manage, or direct an entity listed in subparagraph (A),
        
        (vi) any person, wherever located, who is a citizen or resident of a country controlled by an entity listed in subparagraph (A), or
        
        (vii) any corporation, partnership, association, or other organization organized under the laws of a country controlled by an entity listed in subparagraph (A).
  - (3) Foreign entity of concern
    - The term foreign entity of concern means any foreign entity that is—
      - designated as a foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189),
      - included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury,
      - owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country of concern,
      - alleged by the Attorney General to have been involved in activities for which a conviction was obtained under—
        
        (i) chapter 37 of title 18, United States Code (commonly known as the ) (18 U.S.C. 792 et seq.), Espionage Act
        
        (ii) section 951 or 1030 of title 18, United States Code,
        
        (iii) chapter 90 of title 18, United States Code (commonly known as the ), Economic Espionage Act of 1996
        
        (iv) the Arms Export Control Act (22 U.S.C. 2751 et seq.),
        
        (v) section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and 2284),
        
        (vi) the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.), or
        
        (vii) the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
      - designated by the Federal Maritime Commission as a controlled carrier under chapter 407 of title 46, United States Code,
      - found by the Federal Maritime Commission to be practicing unfavorable conditions in foreign trade under chapter 421 or 423 of title 46, United States Code, or
      - determined by the Maritime Administrator, in consultation with the Secretary of Defense, the Secretary of State, the Director of National Intelligence, and the Chair of the Federal Maritime Commission, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States.
- (f) Certain progress expenditure rules made applicable
  - Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of subsection (a).
- (g) Regulations
  - The Secretary, in consultation with the Maritime Administrator, shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including any regulations or guidance which may be necessary or appropriate to recapture the benefit of any credit determined under this section with respect to any qualified vessel, or any increase in the applicable percentage under subsection (b) with respect to any qualified vessel, in the case of any taxpayer which fails to comply with the terms of the agreement described in subsection (d)(1)(F) with respect to such qualified vessel.
- Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48E the following new section:
(b) Conforming amendments
- Section 46 of the Internal Revenue Code of 1986, as amended by section 13702(b)(1) of Public Law 117–169, is amended—
  - in paragraph (6), by striking and at the end,
  - in paragraph (7), by striking the period at the end and inserting , and
    - the United States Vessel Investment credit.
  - by adding at the end the following:
- Section 49(a)(1)(C) of such Code, as amended by section 13702(b)(2) of Public Law 117–169, is amended—
  - in clause (vii), by striking and at the end,
  - in clause (viii), by striking the period at the end and inserting , and
    - (ix) with respect to any qualified vessel (as defined in section 48F(d)), the portion of the basis of such vessel attributable to amounts paid or incurred by the taxpayer in connection with the construction, repowering, or reconstruction of such vessel.
  - by adding at the end the following:
  - Sec. 48F. United States Vessel Investment credit.
  - Sec. 48F. United States Vessel Investment credit.
- The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48E the following new item:
(c) Recapture for failure To operate as a vessel of the United States
- Section 50(a) of the Internal Revenue Code of 1986 is amended—
- Recapture for failure To operate as a vessel of the United States
  - in paragraph (4), by striking or any applicable transaction to which paragraph (3)(A) appliesand inserting any applicable transaction to which paragraph (3)(A) applies, or any violation to which paragraph (6)(A) applies,
  - by redesignating paragraph (6) as paragraph (7),
    - (6) Failure to operate qualified vessel as a vessel of the United States
      - (A) In general
        
        If an applicable taxpayer violates any of the requirements of the agreement described in section 48F(d)(1)(F) during the duration of such agreement with respect to any investment credit property which is eligible for the United States Vessel Investment credit under section 48F(a), then the tax under this chapter for the taxable year in which such violation occurs shall be increased by 100 percent of the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero any credit determined under section 46 which is attributable to the United States Vessel Investment credit under section 48F(a) with respect to such property.
        
        In general
      - (B) Exception
        
        Subparagraph (A) shall not apply if the applicable taxpayer demonstrates to the satisfaction of the Secretary and the Maritime Administrator that the taxpayer is in compliance with the agreement described in section 48F(d)(1)(F) within 30 days of a determination and notice by the Secretary.
        
        Exception
      - (C) Regulations and guidance
        
        The Secretary shall issue such regulations or other guidance as the Secretary determines necessary or appropriate to carry out the purposes of this paragraph, including regulations or other guidance which provide for requirements for recordkeeping or information reporting for purposes of administering the requirements of this paragraph.
        
        Regulations and guidance
  - by inserting after paragraph (5) the following new paragraph:
  - in paragraph (7) (as redesignated by paragraph (2))—
    - in subparagraph (C), by striking or (3)and inserting (3), or (4), and
    - by striking subparagraph (E) and inserting the following:
      - (E) Applicable taxpayer
        
        For purposes of this subsection, the term applicable taxpayer means any taxpayer who has been allowed—
        
        (i) for purposes of paragraph (3), a credit under section 48D(a) for any prior taxable year, or
        
        (ii) for purposes of paragraph (6), a credit under section 48F(a) for any prior taxable year.
(d) Elective payment and transfer of credit
- Elective payment and transfer of credit
- (1) Elective payment
  - Section 6417 of the Internal Revenue Code of 1986 is amended—
    - in subsection (b), by adding at the end the following:
      - The United States Vessel Investment credit under section 48F.
    - in subsection (d)(1)—
      - (i) in subparagraph (E), by striking each place it appears and inserting (C), (D), or (E),
      - (ii) by redesignating subparagraph (E) (as amended by clause (i)) as subparagraph (F), and
      - (iii) by inserting after subparagraph (D) the following:
        
        (E) Election with respect to United States vessel investment credit
        
        If a taxpayer other than an entity described in subparagraph (A) makes an election under this subparagraph with respect to any taxable year in which such taxpayer has made a qualified investment with respect to any qualified vessel (as defined in section 48F), such taxpayer shall be treated as an applicable entity for purposes of this section for such taxable year, but only with respect to the credit described in subsection (b)(13).
- (2) Transfer
  - (xii) The United States Vessel Investment credit under section 48F.
  - Section 6418(f)(1)(A) of the Internal Revenue Code of 1986 is amended by adding at the end the following:
(e) Exception relating to alternative tax on qualifying shipping activities
- Section 1357(c) of the Internal Revenue Code of 1986 is amended—
- Exception relating to alternative tax on qualifying shipping activities
  - in paragraph (1), by striking paragraph (2)and inserting paragraph (2) or (4), and
    - (4) Exception for United States vessel investment credit
      - Paragraph (1) shall not apply with respect to any credit allowed to the taxpayer under section 48F.
  - by adding at the end the following:
(f) Effective date
- The amendments made by this section shall apply to property placed in service after December 31, 2025.
- Effective date

Sec. 3. Certain payments for maritime security excluded from gross income.

(a) In general
- Gross income shall not include any payment made pursuant to—
- In general
  - section 53106 of title 46, United States Code,
  - section 53206 of such title,
  - section 53406 of such title,
  - section 54101 of such title, or
  - section 54301 of such title.
- (b) Denial of double benefit
  - No deduction or credit shall be allowed for, or by reason of, any expenditure to the extent of the amount excluded under subsection (a) for any payment which was provided with respect to such expenditure. The adjusted basis of any property shall be reduced by the amount excluded under subsection (a) which was provided with respect to such property.
- Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new subsection:
(b) Clerical amendment
- Sec. 139J. Maritime security payments.
- Sec. 139J. Maritime security payments.
- The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item:
(c) Effective date
- The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Sec. 4. Elimination of 30-day limitation on domestic operations.

(a) In general
- Section 1355 of the Internal Revenue Code of 1986 is amended—
  - in subsection (f), by striking paragraph (4), and
  - in subsection (g)(2), by striking subparagraph (D).
(b) Effective date
- The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act.

Sec. 5. Qualifying shipping activities.

Section 1356(b) of the Internal Revenue Code of 1986 (relating to qualifying shipping activities) is amended by striking activities in operatingand inserting the carriage of goods (as defined in section 1 of the Carriage of Goods by Sea Act (46 U.S.C. 30701 note)) by.

Sec. 6. Qualifying vessel.

Section 1355(a) of the Internal Revenue Code of 1986 is amended—

by striking paragraph (4) and inserting the following:
- (4) Qualifying vessel
  - The term qualifying vessel means a vessel which is—
    - self-propelled (or a combination self-propelled and non-self-propelled),
    - a United States flag vessel or a United States-owned foreign flag vessel,
    - either—
      - (i) a vessel designed primarily for use on the high seas which has a draft of more than 12 feet, or
      - (ii) not less than 6,000 deadweight tons, and
    - used exclusively in the United States foreign trade during the period that the election under this subchapter is in effect.
- (8) United States-owned foreign flag vessel
  - The term United States-owned foreign flag vessel means any vessel which—
    - is documented under the laws of a country (other than the United States) or a foreign registry which is not a foreign country of concern (as defined in section 48F(e)),
    - is owned by a person which—
    - (i)
      - is a citizen of the United States (as determined under section 50501 of title 46, United States Code), or
      - is controlled (within the meaning of section 954(d)(3)) by a citizen of the United States (as so determined), and
      - (ii) owns a fleet of United States flag vessels,
    - is strategically and commercially managed from within the United States, and
    - has entered into an emergency preparedness agreement under section 53107 or 53407 of title 46, United States Code, or a contingency agreement under section 53207 of such title, or has otherwise entered into a voluntary agreement and plan of action with the Maritime Administrator as authorized under section 708(c) of the Defense Production Act of 1950 (50 U.S.C. 4558(c)).
by adding at the end the following:

Sec. 7. Credit for construction of shipyard facilities.

(a) In general
- For purposes of section 46, the shipyard investment tax credit for any taxable year is an amount equal to 25 percent of the qualified investment for such taxable year with respect to any qualified shipyard facility of a taxpayer described in section 48D(c)(1).
- (b) Qualified investment
  - (1) In general
    - For purposes of subsection (a), the qualified investment with respect to any qualified shipyard facility for any taxable year is the basis of any qualified property placed in service by the taxpayer during such taxable year which is part of a qualified shipyard facility.
    - In general
  - (2) Qualified property
    - The term shall have the same meaning given such term in section 48D(b)(2), except that subparagraph (A)(iv) of such section shall be applied by substituting for . qualified shipyard facility advanced manufacturing facility qualified property
  - (3) Qualified shipyard facility
    - For purposes of this section, the term qualified shipyard facility means a facility—
      - which is located within the United States (including any territory or possession of the United States), and
      - for which the primary purpose is—
        
        (i) constructing or repairing commercial or military oceangoing vessels,
        
        (ii) manufacturing components which are critical (as determined by the Secretary, in consultation with the Secretary of the Navy and the Maritime Administrator) to the operation of commercial or military oceangoing vessels, or
        
        (iii) manufacturing equipment which is used to produce or repair commercial or military oceangoing vessels.
  - (4) Certain progress expenditure rules made applicable
    - Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of subsection (a).
- (c) Denial of double benefit
  - This section shall not apply to any property placed in service by the taxpayer during the taxable year if a credit was allowed under section 48F to such taxpayer during such taxable year.
- (d) Regulations
  - The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section.
- (e) Termination of credit
  - The credit allowed under this section shall not apply to property placed in service after December 31, 2032.
- Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 2(a), is amended by inserting after section 48F the following new section:
(b) Conforming amendments
- Section 46 of the Internal Revenue Code of 1986, as amended by section 2(b)(1), is amended—
  - in paragraph (7), by striking and at the end,
  - in paragraph (8), by striking the period at the end and inserting , and
    - the shipyard investment tax credit.
  - by adding at the end the following:
- Section 49(a)(1)(C) of such Code, as amended by section 2(b)(2), is amended—
  - in clause (viii), by striking and at the end,
  - in clause (ix), by striking the period at the end and inserting , and
    - (x) the basis of any qualified property (as defined in subsection (b)(2) of section 48G) which is part of a qualified shipyard facility (as defined in subsection (b)(3) of such section).
  - by adding at the end the following:
- Section 50(a)(2)(E) of such Code, as amended by section 13702(b) of Public Law 117–169, is amended by striking or 48E(e)and inserting 48E(e), or 48G(b)(4).
  - Sec. 48G. Shipyard investment tax credit.
  - Sec. 48G. Shipyard investment tax credit.
- The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code, as amended by section 2(b)(3), is amended by inserting after the item relating to section 48F the following new item:
(c) Elective payment and transfer of credit
- Elective payment and transfer of credit
- (1) Elective payment
  - Section 6417 of the Internal Revenue Code of 1986, as amended by section 2, is amended—
    - in subsection (b), by adding at the end the following:
      - The shipyard investment tax credit under section 48G.
    - in subsection (d)(1)—
      - (i) in subparagraph (F), by striking each place it appears and inserting (D), (E), or (F),
      - (ii) by redesignating subparagraph (F) (as amended by clause (i)) as subparagraph (G), and
      - (iii) by inserting after subparagraph (E) the following:
        
        (F) Election with respect to the shipyard investment tax credit
        
        If a taxpayer other than an entity described in subparagraph (A) makes an election under this subparagraph with respect to any taxable year in which such taxpayer has placed in service any qualified property which is part of a qualified shipyard facility (as defined in section 48G), such taxpayer shall be treated as an applicable entity for purposes of this section for such taxable year, but only with respect to the credit described in subsection (b)(14).
- (2) Transfer
  - (xiii) The shipyard investment tax credit under section 48G.
  - Section 6418(f)(1)(A) of the Internal Revenue Code of 1986, as amended by section 2, is amended by adding at the end the following:
(d) Exception relating to alternative tax on qualifying shipping activities
- Exception relating to alternative tax on qualifying shipping activities
  - (4) Exception for United States vessel investment credit and shipyard investment tax credit
    - Paragraph (1) shall not apply with respect to any credit allowed to the taxpayer under section 48F or 48G.
- Paragraph (4) of section 1357(c) of the Internal Revenue Code of 1986, section 2(e), is amended to read as follows:
(e) Effective date
- The amendments made by this section shall apply to property placed in service after December 31, 2025.
- Effective date

Sec. 8. Tax incentives relating to merchant marine capital construction funds.

(a) In general
- Section 7518 of the Internal Revenue Code of 1986 is amended—
- In general
  - in subsection (a)—
    - by striking paragraph (1) and inserting the following:
      - (1) In general
        
        The amount deposited in a fund established under chapter 535 of title 46 of the United States Code (hereinafter in this section referred to as a ) for a taxable year may not exceed the amount specified in the agreement under section 53503(a) of such title, which shall be an amount that is related to a commitment to invest the revenue from the capital construction fund into funding the construction of new vessels or funding cargo handling equipment. capital construction fund
    - in paragraph (2), by striking each place it appears and inserting paragraph (1), and
      - (4) Revenue
        
        For the purposes of paragraph (1), the revenue from the capital construction fund may include—
        
        income attributable to the operation of any agreement vessel in foreign commerce or domestic trade or fisheries or the operation of a marine terminal in the United States,
        
        the net proceeds from the disposition of an agreement vessel or cargo handling equipment or insurance or indemnity attributable to the vessel or cargo handling equipment,
        
        the receipts from the investment or reinvestment of amounts held in the fund, and
        
        the amount allowable as a deduction under section 167 for the taxable year with respect to the agreement vessels or cargo handling equipment.
    - by adding at the end the following new paragraph:
  - in subsection (b)(2), by striking Amounts in any capital construction fundand all that follows through and inserting (not in excess of 60 percent),
  - in subsection (e)—
    - by striking paragraph (1) and inserting the following:
      - (1) In general
        
        A qualified withdrawal from the fund is one made in accordance with the terms of the agreement but only if it is for—
        
        the acquisition, construction, repowering, or reconstruction of—
        
        (i) a qualified vessel or a barge or container that is part of the complement of a qualified vessel, or
        
        (ii) cargo handling equipment, or
        
        the payment of the principal on indebtedness incurred in the acquisition, construction, repowering, or reconstruction of—
        
        (i) a qualified vessel or a barge or container that is part of the complement of a qualified vessel, or
        
        (ii) cargo handling equipment.
        
        Except to the extent provided in regulations prescribed by the Secretary, subparagraph (A), and so much of subparagraph (B) as relates only to barges and containers, shall apply only with respect to barges and containers constructed in the United States.
    - by redesignating paragraph (2) as paragraph (4), and
      - (2) Fully automated cargo handling equipment
        
        No withdrawals may be made from a capital construction fund to purchase fully automated cargo handling equipment that is remotely operated or remotely monitored with or without the exercise of human intervention or control, if the Secretary determines such equipment would result in a net loss of jobs within a marine terminal.
      - (3) Prohibition on people's republic of china cranes
        
        No withdrawals may be made from a capital construction fund to purchase cranes manufactured in the People's Republic of China.
    - by inserting after paragraph (1) the following:
  - in subsection (f)—
    - in paragraph (2), by inserting after both places the term appears,
    - in paragraph (3), by inserting after both places the term appears, and
    - in paragraph (4), by inserting after ,
  - in subsection (g)—
    - in the flush matter at the end of paragraph (2), by inserting after , and
    - in paragraph (5)(A)—
      - (i) in the heading, by striking and inserting ,
      - (ii) by striking 26th, 27th, 28th, 29th, or 30th taxable yearand inserting following specified taxable year, and
      - (iii) by striking the table contained therein and inserting the following:
  - in subsection (i), by striking .
(b) Effective date
- The amendments made by this section shall apply to taxable years beginning after December 31, 2025.

Sec. 9. Exemption of student incentive payment agreements from gross income.

(a) In general
- In the case of an individual who has entered into an agreement described in section 51509 of title 46, United States Code, gross income does not include any student incentive payments made to such individual pursuant to such agreement.
- Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986, as amended by section 3, is further amended by inserting after section 139J the following new section:
(b) Clerical amendment
- Sec. 139K. Student incentive payment agreements.
- Sec. 139K. Student incentive payment agreements.
- The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986, as amended by section 3, is further amended by inserting after the item relating to section 139J the following new item:
(c) Effective date
- The amendments made by this section shall apply with respect to payments made after December 31, 2025.

Sec. 10. Maritime fuel tax parity.

(a) In general
- Section 4041(g) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: . For purposes of subsection (a)(2), the exemption under paragraph (1) shall also apply to fuel sold for use or used by a vessel which is both described in section 4042(c)(1) and actually engaged in trade between the Atlantic or Pacific ports of the United States (including any territory or possession of the United States).
- In general
(b) Effective date
- The amendment made by this section shall apply to fuel sold for use or used after December 31, 2025.

Sec. 11. Treatment of maritime prosperity zones as opportunity zones.

Treatment of maritime prosperity zones as opportunity zones
(a) In general
- Subchapter Z of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
- In general
  - (a) In general
    - A maritime prosperity zone shall be treated as a qualified opportunity zone.
    - In general
  - (b) Special rules
    - In applying this subchapter to any maritime prosperity zone which is a qualified opportunity zone solely by reason of this section—
    - (1) In general
      - For purposes of determining—
        
        whether any property which would not be qualified opportunity fund business property without regard to this section is qualified opportunity fund business property, and
        
        whether any corporation or partnership which is not a qualified opportunity fund business without regard to this section is a qualified opportunity fund business,
    - (2) Modifications
      - The modifications described in this paragraph are as follows:
      - (A) Start date
        
        Subparagraphs (B)(i)(I), (C)(i), and (D)(i)(I) of section 1400Z–2(d)(2) shall each be applied by substituting for . December 31, 2017
      - (B) Qualified business property
        
        Property shall not be treated as qualified opportunity zone business property unless such property is substantially used in an industry which is assigned a code under the North American Industrial Classification System which is described in paragraph (3).
      - (C) Qualified business
        
        A trade or business shall not be treated as a qualified opportunity zone business unless such trade or business operates in an industry which is assigned a code under the North American Industrial Classification System which is described in paragraph (3).
    - (3) Eligible north American industrial classification system codes
      - The following codes under the North American Industrial Classification System are the codes described in this paragraph:
        
        48311 (deep sea freight transportation).
        
        483113 (coastal and Great Lakes freight transportation).
        
        483211 (inland water freight transportation).
        
        4883 (support activities for water transportation).
        
        3366 (ship and boat building).
    - section 1400Z–2(d) shall be applied with the modifications described in paragraph (2).
  - (c) Maritime prosperity zone
    - For purposes of this chapter—
    - (1) In general
      - The term maritime prosperity zone means any population census tract that—
        
        contains or is determined by the Maritime Administrator to be a viable site for—
        
        (i) a shipyard of the United States,
        
        (ii) a port, or
        
        (iii) a harbor facility, and
        
        is designated as a maritime prosperity zone under paragraph (2).
    - (2) Designation
      - A population census tract is designated as a maritime prosperity zone under this paragraph if—
        
        the Maritime Administrator, in consultation with the Secretary of the Navy, nominates the tract for designation as a maritime prosperity zone and notifies the Secretary in writing of such nomination, and
        
        the Secretary certifies such nomination and designates such tract as a qualified maritime prosperity zone.
    - (3) Number of population census tracts designated
      - Not more than 100 population census tracts may be designated as maritime prosperity zone.
    - (4) Period for which designation is in effect
      - Except as provided in paragraph (2), a designation as a maritime prosperity zone shall remain in effect for the period—
        
        beginning on the date of the designation, and
        
        ending at the close of the 5th calendar year beginning on or after such date of designation.
(b) Clerical amendment
- Sec. 1400Z–3. Treatment of maritime prosperity zones as opportunity zones.
- Sec. 1400Z–3. Treatment of maritime prosperity zones as opportunity zones.
- The table of sections for subchapter Z of chapter 1 of such Code is amended by adding at the end the following new item:
(c) Effective date
- The amendments made by this section shall take effect on the date of the enactment of this Act.