S. 2297 — what changed

“717a. Research projects; transactions other than contracts and grants

changed “(a) Additional forms of transactions authorized—The Commandant may enter into transactions (other than contracts, cooperative agreements, and grants) under the authority of this subsection in carrying out basic, applied, and advanced research projects. The authority under this subsection is in addition to the authority provided in section 717 of this title to use contracts, cooperative agreements, and grants in carrying out such projects.projects. The authority under this subsection shall expire on September 30, 2025.

“(b) Advance payments—The authority provided under subsection (a) may be exercised without regard to section 3324 of title 31.

“(c) Recovery of funds

“(1) In general—A cooperative agreement for performance of basic, applied, or advanced research authorized by section 717 of this title and a transaction authorized by subsection (a) may include a clause that requires a person or other entity to make payments to the Coast Guard or any other department or agency of the Federal Government as a condition for receiving support under the agreement or other transaction.

“(2) Availability of funds—The amount of any payment received by the Federal Government pursuant to a requirement imposed under paragraph (1) may be credited, to the extent authorized by the Commandant, to an appropriate account. Amounts so credited shall be merged with other funds in the account and shall be available for the same purposes and the same period for which other funds in such account are available.

“(d) Conditions—The Commandant shall ensure that, to the maximum extent practicable, no cooperative agreement containing a clause under subsection (c)(1), and no transaction entered into under subsection (a), provides for research that duplicates research being conducted under existing programs carried out by the Coast Guard.

“(e) Education and training—The Commandant shall—

“(1) ensure that management, technical, and contracting personnel of the Coast Guard involved in the award or administration of transactions under this section or other innovative forms of contracting are afforded opportunities for adequate education and training on such transactions and forms of contracting; and

“(2) establish minimum levels and requirements for continuous and experiential learning on such transactions and forms of contracting for such personnel, including levels and requirements for acquisition certification programs.

“(f) Protection of certain information from disclosure

“(1) In general—Disclosure of information described in paragraph (2) is not required, and may not be compelled under section 552 of title 5 for 5 years after the date on which the information is received by the Coast Guard.

“(2) Information described

“(A) Applicability—Paragraph (1) applies to the information described in subparagraph (B) that is in the records of the Coast Guard if the information was submitted to the Coast Guard in a competitive or noncompetitive process having the potential for resulting in an award, to the party submitting the information, of a cooperative agreement for performance of basic, applied, or advanced research authorized by section 717 of this title or another transaction authorized by subsection (a).

“(B) Information described—The information described in this subparagraph is as follows:

“(i) A proposal, proposal abstract, and supporting documents.

“(ii) A business plan submitted on a confidential basis.

“(iii) Technical information submitted on a confidential basis.

changed “(g) Regulations—The Commandant shall prescribe regulations, as necessary, to carry out this section.”section.

added “(h) Transparency—Not later than 60 days after the date that a transaction agreement is made under subsection (a), the Commandant shall make available to the public, in a searchable format on an Internet website of the Coast Guard, information on the transaction agreement, including an estimate of committed Coast Guard resources for and the expected benefits to the Coast Guard from the transaction agreement, with appropriate redactions for proprietary, sensitive, or classified information.

added “(i) Reports

added “(1) In general—Not later than December 30 each year through 2025, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the use by the Coast Guard of additional transaction authority under subsection (a) during the fiscal year ending in such year.

added “(2) Contents—Each report under paragraph (1) shall include—

added “(A) for each transaction agreement under subsection (a) in effect during the fiscal year covered by the report—

added “(i) an indication whether the transaction agreement is a reimbursable, non-reimbursable, or funded agreement;

added “(ii) a description of—

added “(I) the subject and terms;

added “(II) the parties;

added “(III) the value;

added “(IV) the extent of the cost sharing among Federal Government and non-Federal sources;

added “(V) the duration or schedule; and

added “(VI) all milestones;

added “(iii) an indication whether the transaction agreement was renewed during such fiscal year;

added “(iv) the technology areas in which research projects were conducted under the transaction agreement;

added “(v) the extent to which the use of the transaction agreement—

added “(I) has contributed to a broadening of the technology and industrial base available for meeting Coast Guard needs; and

added “(II) has fostered within that technology and industrial base new relationships and practices that support the United States; and

added “(vi) the total value received by the Federal Government under the transaction agreement during such fiscal year; and

added “(B) a list of all anticipated reimbursable, nonreimbursable, and funded transaction agreements under subsection (a) during the fiscal year in which the report is submitted.”

“55502. National Maritime Transportation System Advisory Committee

“(a) Establishment—There is established a National Maritime Transportation System Advisory Committee (in this section referred to as the “Committee”).

“(b) Function—The Committee shall advise the Secretary of Transportation on matters relating to the United States maritime transportation system and its seamless integration with other segments of the transportation system, including the viability of the United States Merchant Marine.

“(c) Membership

changed “(1) In general—The Committee shall consist of 25 27 members appointed by the Secretary of Transportation in accordance with this section and section 15109 (subject to paragraph (4)).

“(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.

“(3) Representation—Members of the Committee shall be appointed as follows:

“(A) At least 1 member shall represent the Environmental Protection Agency.

“(B) At least 1 member shall represent the Department of Commerce.

“(C) At least 1 member shall represent the Army Corps of Engineers.

“(D) At least 1 member shall represent the Coast Guard.

“(E) At least 1 member shall represent U.S. Customs and Border Protection.

“(F) At least 1 member shall represent State and local governmental entities.

“(G) Additional members shall represent private sector entities that reflect a cross-section of maritime industries, including port and water stakeholders, academia, and labor representatives.

“(H) The Secretary of Transportation may appoint additional representatives from other Federal agencies as the Secretary considers appropriate.

changed “(4) Administration—For purposes Restrictions on members representing Federal agencies—Members of section 15109, the Committee shall be treated as a committee established under chapter 151, except that in applying such section to the Committee any reference in such section to the “Secretary” represent Federal agencies shall be deemed to be a reference to the Secretary of Transportation.”not—

added “(A) comprise more than one-third of the total membership of the Committee or of any subcommittee therein; and

added “(B) serve as the chair or co-chair of the Committee or of any subcommittee therein.

added “(5) Compensation—Notwithstanding section 15109(c) and paragraph (6), no member of the Committee may receive compensation for the performance of any duties of the Committee.

added “(4) (6) Administration—For purposes of section 15109, the Committee shall be treated as a committee established under chapter 151, except that in applying such section to the Committee any reference in such section to the “Secretary” shall be deemed to be a reference to the Secretary of Transportation.”

changed Section 9307(f)(1) 9307 of title 46, United States Code, is amended by striking “2020” and inserting “2027”.amended—

added “(F) one member chosen from among nominations made by Great Lakes maritime labor organizations; and”

added It is the sense of Congress that the maritime industry of the United States contributes to the Nation’s economic prosperity and national security.

removed “(24) nonoperating individual means an individual on a vessel who—

removed “(A) does not perform—

removed “(i) watchstanding, automated engine room duty watch, navigation, or personnel safety functions;

removed “(ii) cargo handling functions, including any activity relating to the loading or unloading of cargo, the operation of cargo-related equipment (whether or not integral to the vessel), and the handling of mooring lines on the dock when the vessel is made fast or let go;

removed “(iii) vessel maintenance, including any repairs that can be performed by the vessel’s crew or a riding gang member; or

removed “(iv) safety, security, or environmental protection activities directly related to the operation of the vessel and normally conducted by the vessel’s crew;

removed “(B) does not serve as part of the crew complement required under section 8101 of this title;

removed “(C) does not serve as a riding gang member;

removed “(D) is not a member of the steward’s department;

removed “(E) is not a citizen or temporary or permanent resident of a country designated by the United States as a sponsor of terrorism or any other country that the Secretary, in consultation with the Secretary of State and the heads of other appropriate United States agencies, determines to be a security threat to the United States; and

removed “(F) is not specifically exempted from the requirement to have a merchant mariner’s document under section 8701(a) of this title.”

removed “8107. Nonoperating individuals

removed “(a) In general—The owner or managing operator of a merchant vessel of the United States of at least 100 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, shall—

removed “(1) ensure that—

removed “(A) each nonoperating individual on the vessel—

removed “(i) is a United States citizen or an alien lawfully admitted to the United States for permanent residence; or

removed “(ii) possesses—

removed “(I) a United States nonimmigrant visa for individuals desiring to enter the United States temporarily for business;

removed “(II) employment-related and personal identifying information; and

removed “(III) any other documentation required by the Secretary;

removed “(B) all required documentation for such individual is kept on the vessel and available for inspection by the Secretary; and

removed “(C) each nonoperating individual is identified on the vessel’s crew list;

removed “(2) ensure that—

removed “(A) each nonoperating individual possesses—

removed “(i) a merchant mariner’s document;

removed “(ii) a transportation security card issued under section 70105; or

removed “(iii) a current security clearance issued by a Federal agency; or

removed “(B) the employer of the nonoperating individual attests in a certificate to the owner or managing operator that—

removed “(i) the background of such individual has been examined and found to be free of any credible information indicating a material risk to the security of the vessel, the cargo of the vessel, the ports the vessel visits, or other individuals onboard the vessel;

removed “(ii) the examination under clause (i)—

removed “(I) with regard to an individual described in paragraph (1)(A)(i), met the requirements of section 70105(d)(2); or

removed “(II) with regard to an individual described in paragraph (1)(A)(ii), consisted of a check of relevant international databases and such other information that the Secretary considers relevant and reasonably available to the owner or managing operator in the individual’s country of citizenship and any other country in which the individual works, receives employment referrals, or resides; and

removed “(iii) the information derived from the examination under clause (i) is made available to the Secretary upon request;

removed “(3) ensure that each nonoperating individual of the vessel, while on board the vessel, is subject to the same random chemical testing and reporting regimes as crew members;

removed “(4) ensure that each such individual employed on the vessel receives basic safety familiarization and basic safety training approved by the Coast Guard as satisfying the requirements for such training under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, done at London July 7, 1978;

removed “(5) prevent from boarding the vessel, or cause the removal from the vessel at the first available port, and disqualify from future service on board any other vessel owned or operated by that owner or operator, any nonoperating individual—

removed “(A) who has been convicted in any jurisdiction of an offense described in paragraph (2) or (3) of section 7703;

removed “(B) whose license, certificate of registry, or merchant mariner’s document has been suspended or revoked under section 7704; or

removed “(C) who otherwise constitutes a threat to the safety of the vessel;

removed “(6) ensure and certify to the Secretary that the vessel is in compliance with section 3304 and chapter 35, to the extent such section or chapter otherwise applies to the vessel; and

removed “(7) ensure that each nonoperating individual on board the vessel is employed under conditions that meet or exceed the minimum international standards of all applicable international labor conventions to which the United States is a party, including all of the merchant seamen protection and relief provided under United States law.

removed “(b) Work restrictions—A nonoperating individual on board a vessel to which subsection (a) applies may not perform on board the vessel—

removed “(1) watchstanding, automated engine room duty watch, navigational, or personnel safety functions;

removed “(2) cargo handling functions, including any activity relating to the loading or unloading of cargo, the operation of cargo-related equipment (whether or not integral to the vessel), and the handling of mooring lines on the dock when the vessel is made fast or let go;

removed “(3) vessel maintenance, including any repairs that can be performed by the vessel’s crew or a riding gang member; or

removed “(4) safety, security, or environmental protection activities directly related to the operation of the vessel and normally conducted by the vessel’s crew.

removed “(c) Recordkeeping—In addition to the requirements of subsection (a), the owner or managing operator of a vessel to which subsection (a) applies shall ensure that all information necessary to ensure compliance with this section, as determined by the Secretary, is entered into the vessel’s official logbook required by chapter 113.

removed “(d) Civil penalty—A person violating this section is liable to the United States Government for a civil penalty of $1,250.”

removed “(e) This section shall not apply to an individual engaged, employed, or serving on board a vessel who is a nonoperating individual, as defined in section 8107 of this title.”

Chapter 701 of title 46, United States Code, is amended—

“(d) Public safety personnel defined—For the purposes of this section, the term public safety personnel includes any Federal, State (or political subdivision thereof), territorial, or Tribal law enforcement officer, firefighter, or emergency response provider.”

“70004. Vessel traffic service system

“(a) National policy

“(1) Establishment and update of national policy

“(A) Establishment of policy—Not later than one year after the date of enactment of this section, the Secretary shall establish a national policy to be applied to all vessel traffic service centers and publish such policy in the Federal Register.

“(B) Update—The Secretary shall periodically update the national policy established under subparagraph (A) and publish such update in the Federal Register.

“(2) Elements—The national policy established and updated under paragraph (1) shall include, at a minimum, the following:

“(A) Standardization of titles, roles, and responsibilities for all personnel assigned, working, or employed in a vessel traffic service center.

“(B) Standardization of organizational structure within vessel traffic service centers, to include supervisory and reporting chain and processes.

“(C) Establishment of directives for the application of authority provided to each vessel traffic service center, specifically with respect to directing or controlling vessel movement when such action is justified in the interest of safety.

“(D) Establishment of thresholds and measures for monitoring, informing, recommending, and directing vessel traffic.

“(E) Establishment of national procedures and protocols for vessel traffic management.

“(F) Standardization of training for all vessel traffic service directors, operators, and watchstanders.

“(G) Establishment of certification and competency evaluation for all vessel traffic service directors, operators, and watchstanders.

“(H) Establishment of standard operating language when communicating with vessel traffic users.

“(I) Establishment of data collection and archiving processes for vessel incidents and near-miss events.

“(3) Regional policies

“(A) Development—The captain of the port covered by a vessel traffic service center may develop and submit to the Secretary regional policies in addition to the national policy established and updated under paragraph (1) to account for variances from that national policy with respect to local vessel traffic conditions and volume, geography, water body characteristics, waterway usage, and any additional factors that the captain considers appropriate.

“(B) Review and approval by secretary—Not later than 180 days after receiving regional policies under subparagraph (A)—

“(i) the Secretary shall review those regional policies; and

“(ii) the captain of the port concerned shall implement the policies that the Secretary approves.

“(C) Maintenance of policies—The Secretary shall maintain a central depository for all regional policies approved under subparagraph (B).

“(b) Performance evaluation

“(1) In general—The Secretary shall develop and implement a standard method for evaluating the performance of vessel traffic service centers.

“(2) Elements—The standard method developed and implemented under paragraph (1) shall include, at a minimum, analysis and collection of data with respect to the following within a vessel traffic service area covered by each vessel traffic service center:

“(A) Volume of vessel traffic, categorized by type of vessel.

“(B) Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type.

“(C) Data on near-miss events.

“(D) Data on marine casualties.

“(E) Application by vessel traffic operators of traffic management authority during near-miss events and marine casualties.

“(F) Other additional methods as the Secretary considers appropriate.

“(3) Annual report—Not less frequently than annually, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the evaluation conducted under paragraph (1) of the performance of vessel traffic service centers, including—

“(A) recommendations to improve safety and performance; and

“(B) data regarding marine casualties and near-miss events that have occurred during the period covered by the report.

“(c) Risk assessment program

“(1) In general—The Secretary shall develop a continuous risk assessment program to evaluate and mitigate safety risks for each vessel traffic service area to improve safety and reduce the risks of oil and hazardous material discharge in navigable waters.

“(2) Method for assessment—The Secretary, in coordination with State and Tribal governments, ports, nongovernmental organizations, and private citizens, shall develop a standard method for conducting risk assessments under paragraph (1) that includes the collection and management of all information necessary to identify and analyze potential hazardous navigational trends within a vessel traffic service area.

“(3) Information to be assessed

“(A) In general—The Secretary shall ensure that a risk assessment conducted under paragraph (1) includes an assessment of the following:

“(i) Volume of vessel traffic, categorized by type of vessel.

“(ii) Total volume of flammable, combustible, or hazardous liquid cargo transported, categorized by vessel type.

“(iii) Data on near-miss events.

“(iv) Data on marine casualties.

“(v) Geographic locations for near-miss events and marine casualties, including latitude and longitude.

“(vi) Cyclical risk factors such as weather, seasonal water body currents, tides, bathymetry, and topography.

“(vii) Weather data, in coordination with the National Oceanic and Atmospheric Administration.

“(B) Information storage and management policies—The Secretary shall retain all information collected under subparagraph (A) and ensure policies and procedures are in place to standardize the format in which that information is retained to facilitate statistical analysis of that information to calculate within a vessel traffic service area, at a minimum, the incident rate, intervention rate, and accident prevention rate.

“(C) International coordination—With respect to vessel traffic service areas that cross international boundaries, the Secretary may work with international partners that have entered into bilateral or cooperative agreements with vessel traffic service centers to jointly manage those areas to collect, share, and analyze, at a minimum, information described in subparagraph (A) that is in the possession or control of the international partner.

“(4) Public availability

“(A) Assessments and information—In accordance with section 552 of title 5, United States Code, the Secretary shall make any risk assessments conducted under paragraph (1) and any information collected under paragraph (3)(A) available to the public.

“(B) Information in possession or control of international partners—The Secretary shall endeavor to work with international partners described in paragraph (3)(C) to enter into agreements to make information collected, shared, and analyzed under that paragraph available to the public.

“(d) Vessel traffic service training

“(1) Training program

“(A) In general—The Secretary shall develop a comprehensive nationwide training program for all vessel traffic service directors, operators, and watchstanders.

“(B) Local variances—The Secretary shall provide for such local variances to the program developed under subparagraph (A) as the Secretary considers appropriate.

“(C) Elements—The comprehensive nationwide training program under subparagraph (A) and any variances to that program under subparagraph (B) shall include, at a minimum, the following:

“(i) Realistic vessel traffic scenarios to the maximum extent practicable that integrate—

“(I) the national policy developed under subsection (a);

“(II) international and inland navigation rules of the United States under the International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.);

“(III) the application of vessel traffic authority; and

“(IV) communication with vessel traffic service users.

changed “(ii) Proficiency training with respect to use, interpretation, and integration of available data on vessel traffic service display systems such as radar, video video, and vessel automatic identification system feeds.

“(iii) Practical application of the international and inland navigation rules of the United States under the International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.).

“(iv) Proficiency training with respect to the operation of radio communications equipment and any other applicable systems necessary to execute vessel traffic service authorities.

changed “(v) Incorporation of the Standard Maritime Marine Communication Phrases adopted by the International Maritime Organization by resolution on April 4, 2000, as amended and consolidated, or any successor resolution.

“(vi) Incorporation to the maximum extent possible of guidance and recommendations contained in vessel traffic services operator training, vessel traffic services supervisor training, or other relevant training set forth by the International Association of Marine Aids to Navigation and Lighthouse Authorities.

“(vii) A minimum number of hours of training for an individual to complete before the individual is qualified to fill a vessel traffic services position without supervision.

“(viii) Local area geographic and operational familiarization.

“(ix) Such additional components as the Secretary considers appropriate.

“(2) Standard competency qualification process

“(A) In general—The Secretary shall develop a standard competency qualification process to be applied to all personnel assigned, employed, or working in a vessel traffic service center.

“(B) Application of process—The competency qualification process developed under subparagraph (A) shall include measurable thresholds for determining proficiency.

“(3) International and inland navigation rules test

“(A) In general—All personnel assigned, employed, or working in a vessel traffic service center with responsibilities that include communicating, interacting, or directing vessels within a vessel traffic service area, as determined under the national policy developed under subsection (a), shall be required to pass a United States international and inland navigation rules test developed by the Secretary.

“(B) Elements of test—The Secretary shall determine the content and passing standard for the rules test developed under subparagraph (A).

“(C) Testing frequency—The Secretary shall establish a frequency, not to exceed once every 5 years, for personnel described in subparagraph (A) to be required to pass the rules test developed under such subparagraph.

“(e) Research on vessel traffic

“(1) Vessel communication—The Secretary shall conduct research, in consultation with subject matter experts identified by the Secretary, to develop more effective procedures for monitoring vessel communications on radio frequencies to identify and address unsafe situations in a vessel traffic service area. The Secretary shall consider data collected under subparagraphs (A) and (B) of subsection (c)(3).

“(2) Professional mariner representation

“(A) In general—The Secretary shall conduct research, in consultation with local stakeholders and subject matter experts identified by the Secretary, to evaluate and determine the feasibility and benefits of representation by professional mariners on the vessel traffic service watchfloor at each vessel traffic service center.

“(B) Implementation—The Secretary shall implement representation by professional mariners on the vessel traffic service watchfloor at those vessel traffic service centers for which it is determined feasible and beneficial pursuant to research conducted under subparagraph (A).

“(f) Working group

“(1) In general—The Secretary shall establish a working group with regional stakeholders, industry subject matter experts, and representatives of the Radio Technical Commission for Maritime Services (or, if such Commission does not provide representatives, representatives of a similar organization selected by the Secretary) to carry out the following:

“(A) To evaluate, and provide recommendations to the Secretary regarding the implementation of, regulations, procedures, and equipment standards as necessary to improve and ensure broadcasted vessel automatic identification system data is accurate regarding the following, as applicable:

“(i) Navigation status.

“(ii) Radio call sign.

“(iii) Vessel name.

“(iv) Vessel type.

“(v) Vessel cargo.

“(vi) Vessel dimensions.

“(vii) Vessel tow size.

“(viii) Vessel tow configuration.

“(B) To develop recommended industry methods for reporting inaccuracies regarding the information listed in clauses (i) through (viii) of subparagraph (A).

“(2) Inclusion of identification system on certain vessels

“(A) In general—The working group established under paragraph (1) shall evaluate and determine the practicability, economic cost, regulatory burden, and navigational benefit to outfitting vessels lacking independent means of propulsion that carry flammable, combustible, or hazardous liquid cargo with vessel automatic identification systems.

“(B) Regulations—Based on the evaluation under subparagraph (A), the Secretary shall prescribe such regulations as the Secretary considers appropriate to establish requirements relating to the outfitting of vessels described in such subparagraph with vessel automatic identification systems.

“(g) Periodic review of vessel traffic service needs

“(1) In general—Based on the performance evaluation conducted under subsection (b), the Secretary shall periodically review vessel traffic service areas to determine—

“(A) if there are any additional vessel traffic service needs in those areas; and

“(B) if a vessel traffic service area should be moved or modified.

“(2) Stakeholder input—In conducting the periodic review under paragraph (1), the Secretary shall seek input from port and waterway stakeholders to identify areas of increased vessel conflicts or accidents that could benefit from the use of routing measures or vessel traffic service special areas to improve safety, port security, and environmental protection.

“(h) Definitions—In this section:

“(1) Hazardous liquid cargo—The term hazardous liquid cargo has the meaning given that term in regulations prescribed under section 5103 of title 49, United States Code.

“(2) Marine casualty—The term marine casualty has the meaning given that term in regulations prescribed under section 6101(a) of title 46, United States Code.

“(3) Vessel traffic service area—The term vessel traffic service area means an area specified in subpart C of part 161 of title 33, Code of Federal Regulations, or any successor regulation.

“(4) Vessel traffic service center—The term vessel traffic service center means a center for the provision of vessel traffic services in a vessel traffic service area.”

changed “(f) Remedial actions—For purposes of the transfer conveyances of real property, land, and any Tract improvements thereon, under this section—section, the remedial actions required under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) may be completed by the Coast Guard after the date of such conveyance and a deed entered into for such conveyance shall include a clause granting the Coast Guard access to the property in any case in which remedial action or corrective action is found to be necessary after the date of such conveyance.”

removed “(1) any remedial actions required under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) may be completed by the United States Coast Guard after the date of that transfer; and

removed “(2) a deed entered into for that transfer shall contain a clause granting the United States Coast Guard access to the property in any case in which remedial action or corrective action is found to be necessary after the date of that transfer.”

removed “(1) In general—Except as provided in paragraph (2), nothing”

removed “(2) Applicability after conveyance—Prior to the date on which a Tract is conveyed under section 533, section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) and any other applicable environmental law shall not apply with respect to any hazardous substance released on the applicable Tract.”

Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is amended—

“(a) Definitions—In this section—

“(1) the term Chair means the Chairperson of the Interagency Committee designated under subsection (c)(2);

“(2) the term Commandant means the Commandant of the Coast Guard;

changed “(3) the term institution of higher education means an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001);1001(a));

“(4) the term Interagency Committee means the Interagency Coordinating Committee on Oil Pollution Research established under subsection (b);

“(5) the term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere; and

“(6) the term Vice-Chair means the Vice-Chairperson of the Interagency Committee designated under subsection (c)(3).

“(b) Establishment of Interagency Coordinating Committee on Oil Pollution Research

“(1) Establishment—There is established an Interagency Coordinating Committee on Oil Pollution Research.

“(2) Purpose—The Interagency Committee shall coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, State governments, and other nations, as appropriate, and shall foster cost-effective research mechanisms, including the joint funding of research.

“(c) Membership

“(1) Composition—The Interagency Committee shall be composed of—

“(A) at least 1 representative of the Coast Guard;

“(B) at least 1 representative of the National Oceanic and Atmospheric Administration;

“(C) at least 1 representative of the Environmental Protection Agency;

“(D) at least 1 representative of the Department of the Interior;

“(E) at least 1 representative of the Bureau of Safety and Environmental Enforcement;

“(F) at least 1 representative of the Bureau of Ocean Energy Management;

“(G) at least 1 representative of the United States Fish and Wildlife Service;

“(H) at least 1 representative of the Department of Energy;

“(I) at least 1 representative of the Pipeline and Hazardous Materials Safety Administration;

“(J) at least 1 representative of the Federal Emergency Management Agency;

“(K) at least 1 representative of the Navy;

“(L) at least 1 representative of the Army Corps of Engineers;

“(M) at least 1 representative of the United States Arctic Research Commission; and

“(N) at least 1 representative of each of such other Federal agencies as the President considers to be appropriate.

“(2) Chairperson—The Commandant shall designate a Chairperson from among members of the Interagency Committee selected under paragraph (1)(A).

“(3) Vice-chairperson—The Under Secretary shall designate a Vice-Chairperson from among members of the Interagency Committee selected under paragraph (1)(B).

“(4) Meetings

“(A) Quarterly meetings—At a minimum, the members of the Interagency Committee shall meet once each quarter.

“(B) Public summaries—After each meeting, a summary shall be made available by the Chair or Vice-Chair, as appropriate.

“(d) Duties of the Interagency Committee

“(1) Research—The Interagency Committee shall—

“(A) coordinate a comprehensive program of oil pollution research, technology development, and demonstration among the Federal agencies, in cooperation and coordination with industry, 4-year institutions of higher education and research institutions, State and tribal governments, and other nations, as appropriate; and

“(B) foster cost-effective research mechanisms, including the joint funding of research and the development of public-private partnerships for the purpose of expanding research.

“(2) Oil pollution research and technology plan

“(A) Implementation plan—Not later than 180 days after the date of enactment of the Coast Guard Authorization Act of 2019, the Interagency Committee shall submit to Congress a research plan to report on the state of oil discharge prevention and response capabilities that—

“(i) identifies current research programs conducted by Federal agencies, State and tribal governments, 4-year institutions of higher education, and corporate entities;

“(ii) assesses the current status of knowledge on oil pollution prevention, response, and mitigation technologies and effects of oil pollution on the environment;

“(iii) identifies significant oil pollution research gaps, including an assessment of major technological deficiencies in responses to past oil discharges;

“(iv) establishes national research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects;

“(v) assesses the research on the applicability and effectiveness of the prevention, response, and mitigation technologies to each class of oil;

“(vi) estimates the resources needed to conduct the oil pollution research and development program established pursuant to subsection (e), and timetables for completing research tasks;

“(vii) summarizes research on response equipment in varying environmental conditions, such as in currents, ice cover, and ice floes; and

“(viii) includes such other information or recommendations as the Interagency Committee determines to be appropriate.

“(B) Advice and guidance

“(i) National Academy of Sciences contract—The Chair, through the department in which the Coast Guard is operating, shall contract with the National Academy of Sciences to—

“(I) provide advice and guidance in the preparation and development of the research plan;

“(II) assess the adequacy of the plan as submitted, and submit a report to Congress on the conclusions of such assessment; and

“(III) provide organization guidance regarding the implementation of the research plan, including delegation of topics and research among Federal agencies represented on the Interagency Committee.

“(ii) NIST advice and guidance—The National Institute of Standards and Technology shall provide the Interagency Committee with advice and guidance on issues relating to quality assurance and standards measurements relating to its activities under this section.

“(C) 10-year updates—Not later than 10 years after the date of enactment of the Coast Guard Authorization Act of 2019 and every 10 years thereafter, the Interagency Committee shall submit to Congress a research plan that updates the information contained in the previous research plan submitted under this subsection.”

“(iii) Research to understand and quantify the effects of sublethal impacts of oil discharge on living natural marine resources, including impacts on pelagic fish species, marine mammals, and commercially and recreationally targeted fish and shellfish species.”

“(vi) Research to understand the long-term effects of major oil discharges and the long-term effects of smaller endemic oil discharges.

“(vii) Potential impacts on ecosystems, habitat, and wildlife from the additional toxicity, heavy metal concentrations, and increased corrosiveness of mixed crude, such as diluted bitumen crude.

“(viii) Methods to restore and rehabilitate natural resources and ecosystem functions damaged by oil discharges.”

“(7) Simulated environmental testing

“(A) In general—Agencies represented on the Interagency Committee shall ensure the long-term use and operation of the Oil and Hazardous Materials Simulated Environmental Test Tank (OHMSETT) Research Center in New Jersey for oil pollution technology testing and evaluations.

changed “(B) In-kind contributionsOther testing facilities—Nothing in subparagraph (A) shall be construed as limiting the ability of the Interagency Committee to contract or partner with a facility or facilities other than the Center described in subparagraph (A) for the purpose of oil pollution technology testing and evaluations, provided such a facility or facilities have testing and evaluation capabilities equal to or greater than those of such Center.

added “(B) (C) In-kind contributions

“(i) In general—The Secretary of the Department in which the Coast Guard is operating and the Administrator of the Environmental Protection Agency may accept donations of crude oil and crude oil product samples in the form of in-kind contributions for use by the Federal Government for product testing, research and development, and for other purposes as the Secretary and the Administrator determine appropriate.

“(ii) Use of donated oil—Oil accepted under clause (i) may be used directly by the Secretary and shall be provided to other Federal agencies or departments through interagency agreements to carry out the purposes of this Act.”