H.R. 2741 — what changed
Coast Guard Authorization Act of 2023
From Introduced in House to Reported in House.
23 sections amended, 15 added, and 2 removed between Introduced in House and Reported in House.
Sec. 101
Authorization of appropriations
Section 4902 of title 14, United States Code, is amended—
(1)
in the matter preceding paragraph (1) by striking “fiscal years 2022 and 2023” and inserting “fiscal years 2024 and 2025”;
(A)
in subparagraph (A) by striking clauses (i) and (ii) and inserting the following:
“(i) $10,750,000,000 for fiscal year 2024; and
“(ii) $11,287,500,000 for fiscal year 2025.”
(B)
in subparagraph (B) by striking “$23,456,000” and inserting “$24,353,000”; and
(C)
in subparagraph (C) by striking “$24,353,000” and inserting “$25,570,000”;
(A)
in subparagraph (A) by striking clauses (i) and (ii) and inserting the following:
“(i) $3,477,600,000 for fiscal year 2024; and
“(ii) $3,477,600,000 for fiscal year 2025.”
(B)
in subparagraph (B) by striking clauses (i) and (ii) and inserting the following:
“(i) $20,808,000 for fiscal year 2024; and
“(ii) $20,808,000 for fiscal year 2025.”
(4)
in paragraph (3) by striking subparagraphs (A) and (B) and inserting the following:
“(A) $14,681,084 for fiscal year 2024; and
“(B) $15,415,000 for fiscal year 2025.”
(5)
by striking paragraph (4) and inserting the following:
changed
“(4) For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose, payments under the Retired Serviceman’s Family Protection and Survivor Benefits Plans, payment for career status bonuses, payment of continuation pay under section 356 of title 37, concurrent receipts, combat-related special compensation, and payments for medical care of retired personnel and the dependents of such personnel under chapter 55 of title 10, $1,147,244 $1,147,244,000 for fiscal year 2024.”
Sec. 102
Shoreside infrastructure and facilities and information technology
(a)
In general— Of the amounts authorized to be appropriated under section 4902(2)(A) of title 14, United States Code—
(1)
for fiscal year 2024, $36,300,000 is authorized to modernize the information technology systems of the Coast Guard; and
(2)
for each of fiscal years 2024 and 2025, $400,000,000 is authorized to fund maintenance, construction, and repairs for Coast Guard shoreside infrastructure.
(b)
changed
Information technology set-Asides—set-asides— Of the amounts authorized under subsection (a)(1), $11,000,000 is authorized to fund the acquisition, development, and implementation of a new credentialing system for the merchant mariner credentialing program.
(c)
changed
Shoreside infrastructure— In addition to Of the amounts authorized to be appropriated under subsection (a)(2)—section 4902(2)(A) of title 14, United States Code—
(1)
for the purposes of improvements to facilities at the United States Coast Guard Training Center Cape May in Cape May, New Jersey—
(A)
for fiscal year 2024—
(i)
$130,000,000 is authorized to fund the construction of a new indoor multipurpose recruit training facility; and
(ii)
$70,000,000 is authorized to fund Phase II of the barracks’ recapitalization; and
(B)
for fiscal year 2025, $70,000,000 is authorized to fund Phase III of the barracks’ recapitalization;
(2)
for each of fiscal years 2024 and 2025, $30,000,000 is authorized to fund Phase I construction of a ship handling facility in the United States Coast Guard Yard in Baltimore, Maryland; and
(3)
changed
for fiscal year 2024, $130,000,000 is authorized to fund Phase I of the expansion project waterfront improvements of Coast Guard Base Seattle, including environmental remediation consisting of dredging and structural improvements to piers and wharfs necessary to complete the expansion of Base Seattle to homeport 3 Polar Security Cutters in Seattle, Washington.
Sec. 103
Availability of amounts for acquisition of additional vessels and aircraft
Of the amounts authorized to be appropriated under section 4902(2)(A) of title 14, United States Code, for fiscal year 2024—
(1)
$400,000,000 is authorized for the acquisition of 4 Fast Response Cutters;
(2)
$125,000,000 is authorized for the acquisition or procurement of an available commercial icebreaker;
(3)
changed
$55,000,000 is authorized for the acquisition of a Great Lakes icebreaker at least as capable as Coast Guard Cutter Mackinaw (WLBB–30);(WLBB-30);
(4)
added
$20,000,000 is authorized to procure long lead time materials for a Great Lakes icebreaker at least as capable as Coast Guard Cutter Mackinaw (WLBB–30);
(5)
renumbered
was (6)
$30,500,000 is authorized for the program management, design, and acquisition of Pacific Northwest heavy weather boats that are at least as capable as the Coast Guard 52-foot motor surfboat;
(5)
removed
$138,500,000 is authorized for the acquisition or procurement of 1 missionized HC–130J aircraft; and
(6)
changed
$113,000,000 $138,500,000 is authorized to outfit and assemble 4 MH–60T Jayhawk aircraft.for the acquisition or procurement of 1 missionized HC-130J aircraft; and
(7)
added
$113,000,000 is authorized to outfit and assemble 4 MH-60T Jayhawk aircraft.
Sec. 105
Fishing vessel safety
Section 4502 of title 46, United States Code, is amended—
(1)
changed
in subsection (i)(4) (i) by striking “fiscal year 2023” paragraph (4) and inserting “fiscal years 2024 through 2025”; andthe following:
added
“(4) Authorization of appropriations—Out of funds made available under section 4902(1)(A) of title 14, $3,000,000 shall be available for each of fiscal years 2024 and 2025 for grants under this subsection.”
(2)
changed
in subsection (j)(4) (j) by striking “fiscal year 2023” paragraph (4) and inserting “fiscal years 2024 through 2025”.the following:
added
“(4) Authorization of appropriations—Out of funds made available under section 4902(1)(A) of title 14, $3,000,000 shall be available for each of fiscal years 2024 and 2025 for grants under this subsection.”
Sec. 202
Ports and waterways safety
(a)
Waterfront safety— Section 70011(a) of title 46, United States Code, is amended—
(1)
in paragraph (1) by inserting “, including damage or destruction resulting from cyber incidents, transnational organized crime, or foreign state threats” after “adjacent to such waters”; and
(2)
in paragraph (2) by inserting “or harm resulting from cyber incidents, transnational organized crime, or foreign state threats” after “loss”.
(b)
Regulation of anchorage and movement of vessels during national emergency— Section 70051 of title 46, United States Code, is amended by inserting “or cyber incidents, or transnational organized crime, or foreign state threats,” after “threatened war, or invasion, or insurrection, or subversive activity,”.
(c)
added
Facility visit by state sponsor of terrorism— Section 70011(b) of title 46, United States Code, is amended—
(1)
added
in paragraph (3) by striking “and” at the end;
(2)
added
in paragraph (4) by striking the period at the end and inserting “; and”; and
(3)
added
by adding at the end the following:
added
“(5) prohibiting a representative of a government of country that the Secretary of State has determined has repeatedly provided support for acts of international terrorism under section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) from visiting a facility for which a facility security plan is required under section 70103(c).”
Sec. 204
Tsunami evacuation plans
(a)
added
Tsunami evacuation plans—
(1)
added
In general— Not later than 1 year after the date of enactment of this Act, the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the Federal Emergency Management Agency, shall establish location specific tsunami evacuation plans for each unit and sector of the Coast Guard that has facilities, personnel, or assets located within areas—
(A)
added
designated by the Administrator of the National Oceanic and Atmospheric Administration as high risk or very high risk of a United States tsunami hazard; and
(B)
added
that are located inside a tsunami inundation zone.
(2)
added
Evacuation plans— In establishing the evacuation plans under paragraph (1), the Commandant shall ensure that such plans—
(A)
added
are included in the emergency action plans for each unit or sector located inside of a tsunami inundation zone;
(B)
added
designate an evacuation route to an assembly area located outside of a tsunami inundation zone;
(C)
added
include a map or diagram of all tsunami inundation zone evacuation routes;
(D)
added
include evacuation routes for all Coast Guard personnel and dependents of such personnel living in Coast Guard housing;
(E)
added
are feasible for all servicemembers and dependents of such servicemembers present on Coast Guard property or living in Coast Guard provided housing;
(F)
added
include procedures to begin evacuations once a major seismic event is detected;
(G)
added
include evacuation plans for air and water assets that do not impinge on the safety of human life;
(H)
added
are able to be completely executed within 15 minutes of detection of a seismic event or, if not possible within 15 minutes, within a reasonable timeframe;
(I)
added
are able to be completely executed by servicemembers on foot from any location within the tsunami inundation zone;
(J)
added
are exercised biennially by each unit and sector located in a tsunami inundation zone; and
(K)
added
are evaluated by leadership at each unit and sector located in a tsunami inundation zone annually.
(3)
added
Consultation— In establishing the evacuation plans under paragraph (1), the Commandant shall consult local governments.
(a)
removed
In general— Subchapter II of chapter 9 of title 14, United States Code, is amended by adding at the end the following:
removed
“955. Contracts to provide or obtain goods and services
removed
“(a) Authority for uniform funding and management
removed
“(1) In general—The Commandant may designate funds appropriated to the Coast Guard and available for morale, well-being, and recreation programs and the Coast Guard Exchange System as nonappropriated funds and expended in accordance with laws applicable to the expenditures of non-appropriated funds.
removed
“(2) Availability of funds—Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain available until expended.
removed
“(b) Conditions on availability—Funds appropriated to the Coast Guard may be made available to support morale, well-being, or recreation programs and the Coast Guard Exchange System only in amounts the Commandant deems appropriate and consistent with readiness and resources.”
(b)
changed
Clerical amendment—Report— The analysis for chapter 9 of such title is amended by inserting Not later than 2 years after the item relating date of enactment of this Act, the Commandant shall submit to section 954 the following:Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and provide a briefing to each such Committee on, a report on—
(1)
added
the status of the implementation and feasibility of the plans established under subsection (a)(1);
(2)
added
a risk evaluation and vulnerability assessment of the infrastructure and assets located within tsunami inundation zones;
(3)
added
the need for vertical evacuation structures for units and sectors in which an evacuation of a tsunami inundation zone cannot be completed on foot within 15 minutes of the detection of a seismic event; and
(4)
added
whether the plans established under subsection (a)(1) achieve the purpose to protect human life and ensure the ability for the Coast Guard to provide search and rescue operations following a tsunami event in the area.
(c)
added
Definitions— In this section:
(c)
removed
Transfer of section text—
(1)
removed
Redesignation— Section 955 of title 14, United States Code, (as added by subsection (a)) is amended by redesignating subsections (a) and (b) as subsection (b) and (c), respectively.
(1)
changed
Transfer—Seismic event— The section text of section 713 of title 14, United States Code, is transferred term “seismic event” means an earthquake, volcanic eruption, submarine landslide, coastal rockfall, or other event with the magnitude to appear as subsection (a) of section 955 of such title.cause a tsunami.
(2)
changed
Subsection heading—Tsunami inundation zone— Section 955(a) is amended by striking “The Coast Guard Exchange System,” and inserting “In general.—The Coast Guard Exchange System,”.The term “tsunami inundation zone” means an area of inland flooding modeled, predicted, or forecasted as a potential result of a tsunami or seismic event.
(3)
added
Vertical evacuation structure— The term “vertical evacuation structure” means an elevated structure above the tsunami inundation zone designated as a place of refuge from flood waters.
(d)
removed
Effective date— This section and the amendments made by this section shall take effect on the date of enactment of an Act providing appropriations for the Department of Homeland Security that is enacted after the date of enactment of this Act.
Sec. 205
Study on Bering Strait vessel traffic projections and emergency response posture at the Port of Point Spencer, Alaska
(a)
added
In general— Not later than 180 days after the date of enactment of this Act, the Commandant shall seek to enter into an agreement with the National Academies of Science, Engineering, and Medicine, under which the Marine Board of the Transportation Research Board (in this section referred to as the “Board”) shall conduct a study to—
(a)
removed
Tsunami evacuation plans—
(1)
removed
In general— Not later than 1 year after the date of enactment of this Act, the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Administrator of the Federal Emergency Management Agency, shall establish location specific tsunami evacuation plans for each unit and sector of the Coast Guard that has facilities, personnel, or assets located within areas—
(A)
removed
designated by the Administrator of the National Oceanic and Atmospheric Administration as high risk or very high risk of a United States tsunami hazard; and
(B)
removed
that are located inside a tsunami inundation zone.
(1)
changed
Evacuation plans— In establishing analyze commercial vessel traffic that transits through the evacuation plans under paragraph (1), Bering Strait and projections for the Commandant shall ensure that growth of such plans—traffic during the 10-year period beginning after such date of enactment; and
(A)
removed
are included in the emergency action plans for each unit or sector located inside of a tsunami inundation zone;
(B)
removed
designate an evacuation route to an assembly area located outside of a tsunami inundation zone;
(C)
removed
include a map or diagram of all tsunami inundation zone evacuation routes;
(D)
removed
include evacuation routes for all Coast Guard personnel and dependents of such personnel living in Coast Guard housing;
(E)
removed
are feasible for all servicemembers and dependents of such servicemembers present on Coast Guard property or living in Coast Guard provided housing;
(F)
removed
include procedures to begin evacuations once a major seismic event is detected;
(G)
removed
include evacuation plans for air and water assets that do not impinge on the safety of human life;
(H)
removed
are able to be completely executed within 15 minutes of detection of a seismic event or, if not possible within 15 minutes, within a reasonable timeframe;
(I)
removed
are able to be completely executed by servicemembers on foot from any location within the tsunami inundation zone;
(J)
removed
are exercised biennially by each unit and sector located in a tsunami inundation zone; and
(K)
removed
are evaluated by leadership at each unit and sector located in a tsunami inundation zone annually.
(2)
changed
Consultation— In establishing assess the evacuation plans under paragraph (1), adequacy of emergency response capabilities and infrastructure at the Commandant shall consult local governments.Port of Point Spencer, Alaska, to address navigation safety risks and geographic challenges necessary to conduct emergency maritime response operations in the Arctic environment.
(b)
changed
Report—Elements— Not later than 2 years after the date of enactment of this Act, the Commandant The study required under subsection (a) shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of include the Senate, and provide a briefing to each such Committee on, a report on—following:
(1)
changed
the status An analysis of the implementation volume and feasibility types of domestic and international commercial vessel traffic through the plans established under subsection (a)(1);Bering Strait and the projected growth of such traffic, including a summary of—
(A)
added
the sizes, ages, and flag states of vessels; and
(B)
added
the oil and product tankers that are—
(i)
added
in transit to or from Russia or China; or
(ii)
added
owned or operated by a Russian or Chinese entity.
(2)
changed
a risk evaluation and vulnerability An assessment of the infrastructure state and assets located within tsunami inundation zones;adequacy of vessel traffic services and oil spill and emergency response capabilities in the vicinity of the Bering Strait, including its approaches.
(3)
changed
A risk assessment of the need for vertical evacuation structures for units and sectors projected growth in which an evacuation commercial vessel traffic in the Bering Strait and higher probability of a tsunami inundation zone cannot be completed on foot within 15 minutes increased frequency in the number of maritime accidents, including spill events, and the detection potential impacts to the Arctic maritime environment and Native Alaskan village communities in the vicinity of a seismic event; andthe Bering Strait.
(4)
changed
whether the plans established under subsection (a)(1) achieve the purpose to protect human life and ensure An evaluation of the ability for of the Coast Guard Port of Point Spencer, Alaska to provide search serve as a port of refuge and rescue operations following as a tsunami event in the area.staging, logistics, and operations center to conduct and support maritime emergency and spill response activities.
(5)
added
Recommendations for practical actions that can be taken by the Congress, Federal agencies, the State of Alaska, vessel carriers and operators, the marine salvage and emergency response industry, and other relevant stakeholders to mitigate risks, upgrade infrastructure, and improve the posture of the Port of Point Spencer, Alaska, to function as a strategic staging and logistics center for maritime emergency and spill response operations in the Bering Strait region.
(c)
added
Consultation— In conducting the study required under subsection (a), the Board shall consult with—
(1)
added
the Department of Transportation;
(2)
added
the Corps of Engineers;
(3)
added
the National Transportation Safety Board;
(4)
added
relevant ministries of the government of Canada;
(5)
added
the Port Coordination Council for the Port of Point Spencer; and
(6)
added
non-government entities with relevant expertise in monitoring and characterizing vessel traffic in the Arctic.
(d)
added
Report— Not later than 1 year after initiating the study under subsection (a), the Board shall submit to the appropriate committees of Congress a report containing the findings and recommendations of the study.
(e)
renumbered
was (4)
Definitions— In this section:
(1)
added
Appropriate committees of Congress— The term “appropriate committees of Congress” means—
(A)
added
the Committee on Commerce, Science, and Transportation of the Senate; and
(B)
added
Committee on Transportation and Infrastructure of the House of Representatives.
(2)
added
Arctic— The term “Arctic” has the meaning given such term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
(3)
added
Port Coordination Council for the Port of Point Spencer— The term “Port Coordination Council for the Port of Point Spencer” means the Council established under section 541 of the Coast Guard Authorization Act of 2015 (Public Law 114–120).
(1)
removed
Seismic event— The term “seismic event” means an earthquake, volcanic eruption, submarine landslide, coastal rockfall, or other event with the magnitude to cause a tsunami.
(2)
removed
Tsunami inundation zone— The term “tsunami inundation zone” means an area of inland flooding modeled, predicted, or forecasted as a potential result of a tsunami or seismic event.
(3)
removed
Vertical evacuation structure— The term “vertical evacuation structure” means an elevated structure above the tsunami inundation zone designated as a place of refuge from flood waters.
Sec. 206
Service life extension programs
(a)
changed
In general— Not later than 180 days after the date of enactment of this Act, the Commandant shall seek to enter into an agreement with the National Academies Subchapter II of Science, Engineering, and Medicine, under which the Marine Board chapter 11 of title 14, United States Code, is amended by adding at the Transportation Research Board (in this section referred to as end the “Board”) shall conduct a study to—following:
added
“1138. Service life extension programs
added
“(a) In general—Requirements for a Level 1 or Level 2 acquisition project or program under sections 1131 through 1134 shall not apply to an acquisition by the Coast Guard that is a service life extension program.
added
“(b) Definition—In this section, the term “service life extension program” means a capital investment that is solely intended to extend the service life and address obsolescence of components or systems of a particular capability or asset.”
(1)
removed
analyze commercial vessel traffic that transits through the Bering Strait and projections for the growth of such traffic during the 10-year period beginning after such date of enactment; and
(2)
removed
assess the adequacy of emergency response capabilities and infrastructure at the Port of Point Spencer, Alaska, to address navigation safety risks and geographic challenges necessary to conduct emergency maritime response operations in the Arctic environment.
(b)
changed
Elements—Clerical amendment— The study required under subsection (a) shall include analysis for chapter 11 of such title is amended by inserting after the item relating to section 1137 the following:
(1)
removed
An analysis of the volume and types of domestic and international commercial vessel traffic through the Bering Strait and the projected growth of such traffic, including a summary of—
(A)
removed
the sizes, ages, and flag states of vessels; and
(B)
removed
the oil and product tankers that are—
(i)
removed
in transit to or from Russia or China; or
(ii)
removed
owned or operated by a Russian or Chinese entity.
(2)
removed
An assessment of the state and adequacy of vessel traffic services and oil spill and emergency response capabilities in the vicinity of the Bering Strait, including its approaches.
(3)
removed
A risk assessment of the projected growth in commercial vessel traffic in the Bering Strait and higher probability of increased frequency in the number of maritime accidents, including spill events, and the potential impacts to the Arctic maritime environment and Native Alaskan village communities in the vicinity of the Bering Strait.
(4)
removed
An evaluation of the ability of the Port of Point Spencer, Alaska to serve as a port of refuge and as a staging, logistics, and operations center to conduct and support maritime emergency and spill response activities.
(5)
removed
Recommendations for practical actions that can be taken by the Congress, Federal agencies, the State of Alaska, vessel carriers and operators, the marine salvage and emergency response industry, and other relevant stakeholders to mitigate risks, upgrade infrastructure, and improve the posture of the Port of Point Spencer, Alaska, to function as a strategic staging and logistics center for maritime emergency and spill response operations in the Bering Strait region.
(c)
removed
Consultation— In conducting the study required under subsection (a), the Board shall consult with—
(1)
removed
the Department of Transportation;
(2)
removed
the Corps of Engineers;
(3)
removed
the National Transportation Safety Board;
(4)
removed
relevant ministries of the government of Canada;
(5)
removed
the Port Coordination Council for the Port of Point Spencer; and
(6)
removed
non-government entities with relevant expertise in monitoring and characterizing vessel traffic in the Arctic.
(d)
removed
Report— Not later than 1 year after initiating the study under subsection (a), the Board shall submit to the appropriate committees of Congress a report containing the findings and recommendations of the study.
(e)
removed
Definitions— In this section:
(1)
removed
Appropriate committees of Congress— The term “appropriate committees of Congress” means—
(A)
removed
the Committee on Commerce, Science, and Transportation of the Senate; and
(B)
removed
Committee on Transportation and Infrastructure of the House of Representatives.
(2)
removed
Arctic— The term “Arctic” has the meaning given such term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
(3)
removed
Port Coordination Council for the Port of Point Spencer— The term “Port Coordination Council for the Port of Point Spencer” means the Council established under section 541 of the Coast Guard Authorization Act of 2015 (Public Law 114–120).
Sec. 207
Underwater inspections brief
added
Not later than 30 days after the date of enactment of this Act, the Commandant, or a designated individual, shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the underwater inspection in lieu of drydock program established under section 176.615 of title 46, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(a)
removed
In general— Subchapter II of chapter 11 of title 14, United States Code, is amended by adding at the end the following:
removed
“1138. Service life extension programs
removed
“(a) In general—Requirements for a Level 1 or Level 2 acquisition project or program under sections 1131 through 1134 shall not apply to an acquisition by the Coast Guard that is a service life extension program.
removed
“(b) Definition—In this section, the term “service life extension program” means a capital investment that is solely intended to extend the service life and address obsolescence of components or systems of a particular capability or asset.”
(b)
removed
Clerical amendment— The analysis for chapter 11 of such title is amended by inserting after the item relating to section 1137 the following:
Sec. 208
St. Lucie River railroad bridge
changed
Not later than 30 days after the date of enactment of this Act, the Commandant, or Regarding Docket Number USCG-2022-0222, before adopting a designated individual, shall brief the Committee on Transportation and Infrastructure of final rule, the House of Representatives and Committee on Commerce, Science, and Transportation Commandant of the Senate on the underwater inspection in lieu of drydock program established under section 176.615 of title 46, Code Coast Guard shall conduct an independent boat traffic study at mile 7.4 of Federal Regulations (as in effect on the date of enactment of this Act).St. Lucie River.
Sec. 209
Online incident reporting system
(a)
added
In general— Not later than 2 years after the date of enactment of this Act, the National Response Center shall—
(1)
added
develop an online capacity through a web-based application to receive a notification of an oil discharge or release of a hazardous substance; and
(2)
added
allow any such notification to the National Response Center that is required under Federal law or regulation to be made online using the application.
(b)
added
Use of application— In carrying out subsection (a), the National Response Center may not require the notification of an oil discharge or release of a hazardous substance to be made using the application developed under such subsection.
removed
Regarding Docket Number USCG–2022–0222, before adopting a final deviation, the Commandant of the Coast Guard shall conduct an independent boat traffic study at mile 7.4 of the St. Lucie River.
Sec. 210
Maritime Domain Awareness in Coast Guard Sector for Puerto Rico and Virgin Islands
added
added
Not later than 180 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing—
(1)
added
an overview of the maritime domain awareness in the area of responsibility of the Coast Guard sector responsible for Puerto Rico and the United States Virgin Islands, including—
(A)
added
the average volume of known maritime traffic that transited the area during fiscal years 2020 through 2023;
(B)
added
current sensor platforms deployed by such sector to monitor illicit activity occurring at sea in such area;
(C)
added
the number of illicit activity incidents at sea in such area that the sector responded to during fiscal years 2020 through 2023;
(D)
added
an estimate of the volume of traffic engaged in illicit activity at sea in such area and the type and description of any vessels used to carry out illicit activities that such sector responded to during fiscal years 2020 through 2023; and
(E)
added
the maritime domain awareness requirements to effectively meet the mission of such sector;
(2)
added
a description of current actions taken by the Coast Guard to partner with Federal, regional, State, and local entities to meet the maritime domain awareness needs of such area;
(3)
added
a description of any gaps in maritime domain awareness within the area of responsibility of such sector resulting from an inability to meet the enduring maritime domain awareness requirements of the sector or adequately respond to maritime disorder, including illicit drug and migrant activity;
(4)
added
an identification of current technology and assets the Coast Guard has to mitigate the gaps identified in paragraph (3);
(5)
added
an identification of capabilities needed to mitigate such gaps, including any capabilities the Coast Guard currently possesses that can be deployed to the sector;
(6)
added
an identification of technology and assets the Coast Guard does not currently possess and are needed to acquire in order to address such gaps; and
(7)
added
an identification of any financial obstacles that prevent the Coast Guard from deploying existing commercially available sensor technology to address such gaps.
Sec. 211
Public availability of information on monthly drug and migrant interdictions
added
(a)
added
In general— Section 11269 of the Don Young Coast Guard Authorization Act of 2022 (Public Law 117–263) is—
(1)
added
transferred to appear at the end of subchapter II of chapter 5 of title 14, United States Code;
(2)
added
redesignated as section 529; and
(A)
added
by striking the section enumerator and heading and inserting the following:
added
“529. Public availability of information on monthly drug and migrant interdictions”
(B)
added
by striking “Not later than” and inserting the following:
added
“(a) In general—Not later than”
(C)
added
by inserting “drug and” before “migrant interdictions”; and
(D)
added
by adding at the end the following:
added
“(b) Contents—In making information about interdictions publicly available under subsection (a), the Commandant shall include a description of the following:
added
“(1) The number of incidents in which drugs were interdicted, the amount and type of drugs interdicted, and the Coast Guard sectors and geographic areas of responsibility in which such incidents occurred.
added
“(2) The number of incidents in which migrants were interdicted, the number of migrants interdicted, and the Coast Guard sectors and geographic areas of responsibility in which such incidents occurred.”
(b)
added
Clerical amendments—
(1)
added
The analysis for chapter 5 of title 14, United States Code, is amended by inserting after the item relating to section 528 the following:
(2)
added
The table of sections in section 11001(b) of the Don Young Coast Guard Authorization Act of 2022 (division K of Public Law 117–263) is amended by striking the item relating to section 11269.
Sec. 212
Report on establishment of an unmanned systems capabilities office
added
(a)
added
In general— Not later than 1 year after the date of enactment of this Act, 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 that outlines a plan for establishing an unmanned systems capabilities office within the Coast Guard responsible for the acquisition and development of unmanned system and counter-unmanned system technologies and to expand the capabilities of the Coast Guard with respect to such technologies
(b)
added
Contents— The report required under subsection (a) shall include the following:
(1)
added
A management strategy for the acquisition, development, and deployment of unmanned system and counter-unmanned system technologies.
(2)
added
A service-wide coordination strategy to synchronize and integrate efforts across the Coast Guard in order to—
(A)
added
support the primary duties of the Coast Guard pursuant to section 102 of title 14, United States Code; and
(B)
added
pursue expanded research, development, testing, and evaluation opportunities and funding to expand and accelerate identification and transition of unmanned system and counter-unmanned system technologies.
(3)
added
The identification of contracting and acquisition authorities needed to expedite the development and deployment of unmanned system and counter-unmanned system technologies.
(4)
added
A detailed list of commercially available unmanned system and counter-unmanned system technologies with capabilities determined to be useful for the Coast Guard.
(5)
added
A cross-agency collaboration plan to engage with the Department of Homeland Security, the Department of Defense, and other relevant agencies to identify common requirements and opportunities to partner in acquiring, contracting, and sustaining unmanned system and counter-unmanned system capabilities.
(6)
added
Opportunities to obtain and share unmanned system data from government and commercial sources to improve maritime domain awareness.
(7)
added
The development of a concept of operations for a data ecosystem that supports and integrates unmanned system and counter-unmanned system technologies with key enablers, including enterprise communications networks, data storage and management, artificial intelligence and machine learning tools, and information sharing and dissemination capabilities.
(c)
added
Definitions— In this section:
(1)
added
Counter-unmanned system— The term “counter-unmanned system” means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of an unmanned system, including a counter-UAS system (as defined in section 44801 of title 49, United States Code).
(2)
added
Unmanned system— The term “unmanned system” means an unmanned surface, undersea, or aircraft and associated elements (including communication links and the components that control the unmanned system) that are required for the operator to operate the system safely and efficiently, including an unmanned aircraft system (as defined in section 44801 of title 49, United States Code).
Sec. 213
Rulemaking regarding port access routes
added
added
Not later than December 31, 2023, the Secretary of the department in which the Coast Guard is operating shall issue a final rule for the Atlantic Coast Port Route Access Study for which an Advanced Notice of Proposed Rulemaking title “Shipping Safety Fairways Along the Atlantic Coast” was issued on June 19, 2020.
Sec. 214
Great Lakes icebreaker
added
added
Not later than 30 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a strategy detailing how the Coast Guard will complete design and construction of the Great Lakes icebreaker at least as capable as the Coast Guard Cutter Mackinaw (WLBB–30) in not more than 3 years after funding is provided for such icebreaker.
Sec. 301
Merchant seamen licenses, certificates, and documents; manning of vessels
(a)
Citizenship or noncitizen nationality—
(1)
In general— Section 7102 of title 46, United States Code, is amended—
(A)
in the section heading by inserting “or noncitizen nationality” after “Citizenship”; and
(B)
by inserting “or noncitizen nationals (as such term is described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408)” after “citizens”.
(2)
Clerical amendment— The analysis for chapter 71 of title 46, United States Code, is amended by striking the item relating to section 7102 and inserting the following:
(b)
Citizenship or noncitizen nationality notation on merchant mariners’ documents—
(1)
In general— Section 7304 of title 46, United States Code, is amended—
(A)
in the section heading by inserting “or noncitizen nationality” after “Citizenship”; and
(B)
by inserting “or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408)” after “citizen”.
(2)
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is amended by striking the item relating to section 7304 and inserting the following:
(c)
changed
Citizenship or noncitizen nationality and Navy Reserve requirements—nationality—
(1)
In general— Section 8103 of title 46, United States Code, is amended—
(A)
in the section heading by inserting “or noncitizen nationality” after “Citizenship”;
(B)
in subsection (a) by inserting “or noncitizen national” after “citizen”;
(i)
in paragraph (1)(A)(i) by inserting “or noncitizen national” after “citizen”;
(ii)
in paragraph (3) by inserting “or noncitizen nationality” after “citizenship”; and
(iii)
changed
in paragraph (3)(C) by inserting “or noncitizen nationals” after “citizens” each place it appears;“citizens”;
(D)
in subsection (c) by inserting “or noncitizen nationals” after “citizens”;
(i)
in paragraph (1) by inserting “or noncitizen nationals” after “citizens”; and
(ii)
in paragraph (2) by inserting “or noncitizen national” after “citizen” each place it appears;
(F)
in subsection (e) by inserting “or noncitizen national” after “citizen” each place it appears;
(G)
in subsection (i)(1)(A) by inserting “or noncitizen national” after “citizen”;
(H)
in subsection (k)(1)(A) by inserting “or noncitizen national” after “citizen”; and
(I)
by adding at the end the following:
“(l) Noncitizen national defined—In this section, the term “noncitizen national” means an individual described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408).”
(2)
Clerical amendment— The analysis for chapter 81 of title 46, United States Code, is amended by striking the item relating to section 8103 and inserting the following:
(d)
Command of documented vessels— Section 12131(a) of title 46, United States Code, is amended by inserting “or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408))” after “citizen”.
(e)
Invalidation of certificates of documentation— Section 12135(2) of title 46, United States Code, is amended by inserting “or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408))” after “citizen”.
added
In this subtitle:
(a)
removed
General definitions— Section 2101 of title 46, United States Code, is amended—
(1)
removed
by redesignating paragraphs (20) through (56) as paragraphs (21) through (57), respectively; and
(2)
removed
by inserting after paragraph (19) the following:
removed
“(20) “merchant mariner credential” means a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to this title.”
(1)
changed
Examinations—Outer continental shelf— Section 7116 The term “outer Continental Shelf” has the meaning given such term in section 2 of title 46, United States Code, is amended by striking subsection (c).the Outer Continental Shelf Lands Act (43 U.S.C. 1331).
(2)
added
Ruling letter— The term “ruling letter” means any ruling letter or headquarters ruling letter relating to the enforcement of chapters 121 and 551 of title 46, United States Code (commonly referred to as the “Jones Act”), issued by the Commissioner of U.S. Customs and Border Protection pursuant to sections 502(a) or 625 of the Tariff Act of 1930 (19 U.S.C. 1502(a) and 1625).
(c)
removed
Merchant mariners documents—
(1)
removed
General requirements— Section 7306 of title 46, United States Code, is amended to read as follows:
removed
“7306. General requirements and classifications for members of deck departments
removed
“(a) In general—The Secretary may issue a merchant mariner credential, to members of the deck department in the following classes:
removed
“(1) Able Seaman-Unlimited.
removed
“(2) Able Seaman-Limited.
removed
“(3) Able Seaman-Special.
removed
“(4) Able Seaman-Offshore Supply Vessels.
removed
“(5) Able Seaman-Sail.
removed
“(6) Able Seaman-Fishing Industry.
removed
“(7) Ordinary Seaman.
removed
“(b) Classification of credentials—The Secretary may classify the merchant mariner credential issued under subsection (a) based on—
removed
“(1) the tonnage and means of propulsion of vessels;
removed
“(2) the waters on which vessels are to be operated; or
removed
“(3) other appropriate standards.
removed
“(c) Considerations—In issuing the credential under subsection (a), the Secretary may consider the following qualifications of the merchant mariner:
removed
“(1) Age.
removed
“(2) Character.
removed
“(3) Habits of life.
removed
“(4) Experience.
removed
“(5) Professional qualifications demonstrated by satisfactory completion of applicable examinations or other educational requirements.
removed
“(6) Physical condition, including sight and hearing.
removed
“(7) Other requirements established by the Secretary, including career patterns and service appropriate to the particular service, industry, or job functions the individual is engaged.”
(2)
removed
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is amended by striking the item relating to section 7306 and inserting the following:
(3)
removed
Able seamen-unlimited— Section 7307 of title 46, United States Code, is amended by striking “3 years’” and inserting “18 months’”.
(4)
removed
Able seamen-limited— Section 7308 of title 46, United States Code, is amended by striking “18 months’” and inserting “12 months’”.
(5)
removed
General requirements for members of engine departments— Section 7313(b) of title 46, United States Code, is amended by striking “and coal passer”.
(6)
removed
Training— Section 7315 of title 46, United States Code, is amended—
(A)
removed
by amending subsection (a) to read as follows:
removed
“(a) Graduation from a nautical school program approved by the Secretary may be substituted for the service requirements under sections 7307–7312 and 7314.”
(B)
removed
in subsection (b)—
(i)
removed
by striking “one-third” and inserting “one-half”; and
(ii)
removed
by striking “7307–7311 of this title” and inserting “7307–7312 and 7314”; and
(C)
removed
by striking subsection (c).
(3)
changed
Merchant mariner credentials—Secretary— Section 7510 The term “Secretary” means the Secretary of title 46, United States Code, is amended by striking subsection (d).Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection.
(e)
removed
Implementation— The Secretary of the department in which the Coast Guard is operating shall implement the amended requirements under subsections (c)(3), (c)(4), and (c)(6) of this section without regard to chapters 5 and 6 of title 5, United States Code, and Executive Orders 12866 and 13563 (5 U.S.C. 601 note).
(a)
changed
In general—Advance notification required— The heading for part E of subtitle II Prior to engaging in any activity or operations on the outer Continental Shelf, the operator of title 46, United States Code, is amended by striking “Merchant Seamen Licenses, Certificates, a foreign vessel used in such activity or operations shall file with the Secretary a notification describing all activities and Documents” operations to be performed on the outer Continental Shelf and inserting “Merchant Mariner Credentials”.an identification of applicable ruling letters issued by the Secretary that have approved the use of a foreign vessel in a substantially similar activity or operation.
(b)
changed
General requirements and classifications for able seafarers—Publication of notices—
(1)
changed
In general—Publication— The section heading for section 7306 of title 46, United States Code, is amended by striking “seamen” Secretary shall publish a notification under subsection (a) in the Customs Bulletin and inserting “seafarers”.Decisions within 14 days of receipt of such notification.
(2)
changed
Clerical amendment—Confidential information— The analysis for chapter 73 Secretary shall redact any information exempt from disclosure under section 552 of title 46, 5, United States Code, is amended in the item relating to section 7306 by striking “seamen” and inserting “seafarers”.a notification published under paragraph (1).
(c)
removed
Able seafarers—unlimited—
(1)
removed
In general— The section heading for section 7307 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(2)
removed
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7307 by striking “seamen” and inserting “seafarers”.
(d)
removed
Able seamen—limited—
(1)
removed
In general— The section heading for section 7308 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(2)
removed
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7308 by striking “seamen” and inserting “seafarers”.
(e)
removed
Able seafarers—special—
(1)
removed
In general— The section heading for section 7309 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(2)
removed
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7309 by striking “seamen” and inserting “seafarers”.
(f)
removed
Able seafarers—offshore supply vessels—
(1)
removed
In general— The section heading for section 7310 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(2)
removed
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7310 by striking “seamen” and inserting “seafarers”.
(g)
removed
Able seafarers—sail—
(1)
removed
In general— The section heading for section 7311 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(2)
removed
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7311 by striking “seamen” and inserting “seafarers”.
(h)
removed
Able seamen—fishing industry—
(1)
removed
In general— The section heading for section 7311a of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(2)
removed
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7311a by striking “seamen” and inserting “seafarers”.
(i)
removed
Parts E and F— Parts E and F of subtitle II of title 46, United States Code, is amended—
(1)
removed
by striking “seaman” and inserting “seafarer” each place it appears; and
(2)
removed
by striking “seamen” and inserting “seafarers” each place it appears.
(j)
removed
Clerical amendments— The analysis for subtitle II of title 46, United States Code, is amended—
(1)
removed
in the item relating to subtitle II by striking “Seamen” and inserting “Seafarer”; and
(2)
removed
in the item relating to part E by striking “Merchant Seamen Licenses, Certificates, and Documents” and inserting “Merchant Mariner Credentials”.
Sec. 313
Publication of fines and penalties
(a)
added
In general— Section 55102 of title 46, United States Code, is amended by adding at the end the following:
added
“(d) Publication of penalty
added
“(1) In general—Not later than 14 days after the issuance of a pre-penalty notice or a penalty, including a settlement, under subsection (c), the Secretary of Homeland Security shall publish such pre-penalty notice or a notification of such penalty in the Customs Bulletin and Decisions to the party impacted by the penalty.
added
“(2) Contents—A pre-penalty notice or penalty notification published under paragraph (1) shall include—
added
“(A) the name and the International Maritime Organization identification number of the vessel that is the subject of the penalty;
added
“(B) the name of the owner of the vessel that is the subject of the penalty;
added
“(C) the amount of the fine or value of merchandise seized; and
added
“(D) a summary of the alleged misconduct and justification for imposing a penalty.”
(b)
added
Rulemaking— Not later than 90 days after the date of enactment of this Act, the Secretary shall issue such regulations as are necessary to implement the amendments made by subsection (a), including—
(1)
added
regulations regarding the information to be contained in a penalty notification under section 55102(d) of title 46, United States Code (as amended by such subsection); and
(2)
added
any changes to existing regulations relating to penalties issued by the Secretary.
removed
Section 7507 of title 46, United States Code, is amended by adding at the end the following:
removed
“(d) Renewal—With respect to any renewal of an active merchant mariner credential issued under this part that is not an extension under subsection (a) or (b), such credential shall begin the day after the expiration of the active credential of the credential holder.”
Sec. 321
Revising merchant mariner deck training requirements
(a)
added
General definitions— Section 2101 of title 46, United States Code, is amended—
(1)
added
by redesignating paragraphs (20) through (56) as paragraphs (21) through (57), respectively; and
(2)
added
by inserting after paragraph (19) the following:
added
“(20) “merchant mariner credential” means a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to this title.”
(b)
added
Examinations— Section 7116 of title 46, United States Code, is amended by striking subsection (c).
(c)
added
Merchant mariners documents—
(1)
added
General requirements— Section 7306 of title 46, United States Code, is amended to read as follows:
added
“7306. General requirements and classifications for members of deck departments
added
“(a) In general—The Secretary may issue a merchant mariner credential, to members of the deck department in the following classes:
added
“(1) Able Seaman-Unlimited.
added
“(2) Able Seaman-Limited.
added
“(3) Able Seaman-Special.
added
“(4) Able Seaman-Offshore Supply Vessels.
added
“(5) Able Seaman-Sail.
added
“(6) Able Seaman-Fishing Industry.
added
“(7) Ordinary Seaman.
added
“(b) Classification of credentials—The Secretary may classify the merchant mariner credential issued under subsection (a) based on—
added
“(1) the tonnage and means of propulsion of vessels;
added
“(2) the waters on which vessels are to be operated; or
added
“(3) other appropriate standards.
added
“(c) Considerations—In issuing the credential under subsection (a), the Secretary may consider the following qualifications of the merchant mariner:
added
“(1) Age.
added
“(2) Character.
added
“(3) Habits of life.
added
“(4) Experience.
added
“(5) Professional qualifications demonstrated by satisfactory completion of applicable examinations or other educational requirements.
added
“(6) Physical condition, including sight and hearing.
added
“(7) Other requirements established by the Secretary, including career patterns and service appropriate to the particular service, industry, or job functions the individual is engaged.”
(2)
added
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is amended by striking the item relating to section 7306 and inserting the following:
(3)
added
Able seamen-unlimited— Section 7307 of title 46, United States Code, is amended by striking “3 years’” and inserting “18 months’”.
(4)
added
Able seamen-limited— Section 7308 of title 46, United States Code, is amended by striking “18 months’” and inserting “12 months’”.
(5)
added
General requirements for members of engine departments— Section 7313(b) of title 46, United States Code, is amended by striking “and coal passer”.
(6)
added
Training— Section 7315 of title 46, United States Code, is amended—
(A)
added
by amending subsection (a) to read as follows:
added
“(a) Graduation from a nautical school program approved by the Secretary may be substituted for the service requirements under sections 7307–7312 and 7314.”
(B)
added
in subsection (b)—
(i)
added
by striking “one-third” and inserting “one-half”; and
(ii)
added
by striking “7307–7311 of this title” and inserting “7307–7312 and 7314”; and
(C)
added
by striking subsection (c).
(d)
added
Merchant mariner credentials— Section 7510 of title 46, United States Code, is amended by striking subsection (d).
(e)
added
Implementation— The Secretary of the department in which the Coast Guard is operating shall implement the amended requirements under subsections (c)(3), (c)(4), and (c)(6) of this section without regard to chapters 5 and 6 of title 5, United States Code, and Executive Orders 12866 and 13563 (5 U.S.C. 601 note).
removed
Section 2302(b) of title 46, United States Code, is amended to read as follows:
removed
“(b) Grossly negligent operation
removed
“(1) Misdemeanor—A person operating a vessel in a grossly negligent manner that endangers the life, limb, or property of a person commits a class A misdemeanor.
removed
“(2) Felony—A person operating a vessel in a grossly negligent manner that results in serious bodily injury, as defined in section 1365(h)(3) of title 18—
removed
“(A) commits a class E felony; and
removed
“(B) may be assessed a civil penalty of not more than $35,000.”
Sec. 322
Technical amendments
(a)
changed
Security risk—In general— Section 7702(d)(1) The heading for part E of subtitle II of title 46, United States Code, is amended—amended by striking “Merchant Seamen Licenses, Certificates, and Documents” and inserting “Merchant Mariner Credentials”.
(b)
added
Able seafarers—unlimited—
(1)
added
In general— The section heading for section 7307 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(2)
added
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7307 by striking “seamen” and inserting “seafarers”.
(c)
added
Able seamen—limited—
(1)
added
In general— The section heading for section 7308 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(2)
added
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7308 by striking “seamen” and inserting “seafarers”.
(d)
added
Able seafarers—special—
(1)
added
In general— The section heading for section 7309 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(2)
added
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7309 by striking “seamen” and inserting “seafarers”.
(e)
added
Able seafarers—offshore supply vessels—
(1)
added
In general— The section heading for section 7310 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(2)
added
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7310 by striking “seamen” and inserting “seafarers”.
(f)
added
Able seafarers—sail—
(1)
added
In general— The section heading for section 7311 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(2)
added
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7311 by striking “seamen” and inserting “seafarers”.
(g)
added
Able seamen—fishing industry—
(1)
added
In general— The section heading for section 7311a of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(2)
added
Clerical amendment— The analysis for chapter 73 of title 46, United States Code, is further amended in the item relating to section 7311a by striking “seamen” and inserting “seafarers”.
(h)
added
Parts E and F— Parts E and F of subtitle II of title 46, United States Code, is amended—
(1)
added
by striking “seaman” and inserting “seafarer” each place it appears; and
(2)
added
by striking “seamen” and inserting “seafarers” each place it appears.
(i)
added
Clerical amendments— The analysis for subtitle II of title 46, United States Code, is amended—
(1)
added
in the item relating to subtitle II by striking “Seamen” and inserting “Seafarer”; and
(2)
added
in the item relating to part E by striking “Merchant Seamen Licenses, Certificates, and Documents” and inserting “Merchant Mariner Credentials”.
(1)
removed
in subparagraph (B) by redesignating clauses (i) through (iv) as subclauses (I) through (IV), respectively;
(2)
removed
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
(3)
removed
by striking “an individual if—” and inserting the following:
removed
“(A) if—”
(4)
removed
in subparagraph (A)(ii)(IV), as so redesignated, by striking the period at the end and inserting “; or”; and
(5)
removed
by adding at the end the following:
removed
“(B) if there is probable cause to believe that the individual has violated company policy and is a security risk that poses a threat to other individuals on the vessel.”
(b)
removed
Technical amendment— Section 2101(47)(B) of title 46, United States Code (as so redesignated), is amended by striking “; and” and inserting “; or”.
Sec. 323
Renewal of merchant mariner licenses and documents
changed
Section 11502 7507 of the James H. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) title 46, United States Code, is amended—amended by adding at the end the following:
added
“(d) Renewal—With respect to any renewal of an active merchant mariner credential issued under this part that is not an extension under subsection (a) or (b), such credential shall begin the day after the expiration of the active credential of the credential holder.”
(1)
removed
in the section header by striking “DUKW amphibious passenger vessels” and inserting “commercial amphibious small passenger vessels”;
(2)
removed
by striking “DUKW amphibious passenger vessel” each place it appears and inserting “commercial amphibious small passenger vessel”;
(3)
removed
by striking “DUKW amphibious passenger vessels” each place it appears and inserting “commercial amphibious small passenger vessels”;
(4)
removed
in subsection (h)—
(A)
removed
by striking “Definitions” and all that follows through “The term “appropriate congressional committees”” and inserting “Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees””; and
(B)
removed
by striking paragraph (2); and
(5)
removed
by adding at the end the following:
removed
“(i) Application—This section shall apply to amphibious vessels operating as a small passenger vessel in waters subject to the jurisdiction of the United States, as such term is defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation).”
Sec. 331
Grossly negligent operations of a vessel
changed
Section 12111(d)(1) 2302(b) of title 46, United States Code, is amended—amended to read as follows:
added
“(b) Grossly negligent operation
added
“(1) Misdemeanor—A person operating a vessel in a grossly negligent manner that endangers the life, limb, or property of a person commits a class A misdemeanor.
added
“(2) Felony—A person operating a vessel in a grossly negligent manner that results in serious bodily injury, as defined in section 1365(h)(3) of title 18—
added
“(A) commits a class E felony; and
added
“(B) may be assessed a civil penalty of not more than $35,000.”
(1)
removed
in subparagraph (A) by inserting “or other energy production or transmission facility, or any vessel engaged in the launch, recovery, or support of commercial space transportation or space exploration activities” after “drilling unit”; and
(2)
removed
in subparagraph (B) by inserting “or other energy production or transmission facility, or any vessel engaged in the launch, recovery, or support of commercial space transportation or space exploration activities” after “drilling unit”.
Sec. 332
Administrative procedure for security risks
(a)
changed
In general—Security risk— Chapter 151 Section 7702(d)(1) of title 46, United States Code, is amended by adding at the end the following:amended—
(1)
added
in subparagraph (B) by redesignating clauses (i) through (iv) as subclauses (I) through (IV), respectively (and by conforming the margins accordingly);
(2)
added
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively (and by conforming the margins accordingly);
(3)
added
by striking “an individual if—” and inserting the following:
added
“(A) if—”
(4)
added
in subparagraph (A)(ii)(IV), as so redesignated, by striking the period at the end and inserting “; or”; and
(5)
added
by adding at the end the following:
added
“(B) if there is probable cause to believe that the individual has violated company policy and is a security risk that poses a threat to other individuals on the vessel.”
removed
“15110. Establishment of a national advisory committee on autonomous maritime systems
removed
“(a) Establishment—There is established a National Autonomous Maritime Systems Advisory Committee (in this section referred to as the “Committee”).
removed
“(b) Function—The Committee shall advise the Secretary on matters relating to the regulation and use of Autonomous Systems within the territorial waters of the United States.
removed
“(c) Membership
removed
“(1) In general—The Committee shall consist of 8 members appointed by the Secretary in accordance with this section and section 15109.
removed
“(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
removed
“(3) Representation—Each of the following groups shall be represented by at least 1 member on the Committee:
removed
“(A) Marine safety or security entities.
removed
“(B) Vessel design and construction entities.
removed
“(C) Entities engaged in the production or research of unmanned vehicles, including drones, autonomous or semi-autonomous vehicles, or any other product or service integral to the provision, maintenance, or management of such products or services.
removed
“(D) Port districts, authorities, or terminal operators.
removed
“(E) Vessel operators.
removed
“(F) National labor unions representing merchant mariners.
removed
“(G) Maritime pilots.
removed
“(H) Commercial space transportation operators.”
(b)
changed
Clerical amendments—Technical amendment— The analysis for chapter 151 Section 2101(47)(B) of title 46, United States Code, Code (as so redesignated), is amended by adding at the end the following:striking “; and” and inserting “; or”.
(c)
removed
Establishment— Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish the Committee under section 15110 of title 46, United States Code (as added by this section).
Sec. 333
Requirements for DUKW amphibious passenger vessels
changed
Section 70503(a) 11502 of title 46, United States Code, the James H. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended—
(1)
changed
in the matter preceding paragraph (1) section header by striking “While on board a covered vessel, an individual” “DUKW amphibious passenger vessels” and inserting “An individual”;“commercial amphibious small passenger vessels”;
(2)
changed
by amending paragraph (1) to read as follows:striking “DUKW amphibious passenger vessel” each place it appears and inserting “commercial amphibious small passenger vessel”;
removed
“(1) manufacture or distribute, possess with intent to manufacture or distribute, or place or cause to be placed with intent to manufacture or distribute a controlled substance on board a covered vessel;”
(3)
changed
in paragraph (2) by inserting “aboard a covered vessel” after “Comprehensive Drug Abuse Prevention striking “DUKW amphibious passenger vessels” each place it appears and Control Act of 1970 (21 U.S.C. 881(a))”.inserting “commercial amphibious small passenger vessels”;
(4)
added
in subsection (h)—
(A)
added
by striking “Definitions” and all that follows through “The term “appropriate congressional committees”” and inserting “Appropriate congressional committees defined.—In this section, the term “appropriate congressional committees””; and
(B)
added
by striking paragraph (2); and
(5)
added
by adding at the end the following:
added
“(i) Application—This section shall apply to amphibious vessels operating as a small passenger vessel in waters subject to the jurisdiction of the United States, as such term is defined in section 2.38 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Coast Guard Authorization Act of 2023).”
Sec. 334
Inspection and examination
changed
Section 8313(b) 3714 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) title 46, United States Code, is amended by striking “2025” and inserting “2027”.amended—
(1)
added
in subsection (a)(1) by striking “The Secretary” and inserting “Except as provided in subsection (c), the Secretary”;
(2)
added
by redesignating subsection (c) as subsection (d); and
(3)
added
by inserting after subsection (b) the following:
added
“(c)
added
“(1) With respect to examinations of liquefied natural gas tank vessels and vessels that carry bulk liquefied gases as cargo, including examinations under section 153.808 and part 154 of title 46, Code of Federal Regulations (as in effect on the date of enactment of the Coast Guard Authorization Act of 2023), the Secretary may adopt a risk-based examination schedule to which such vessels are to be examined and the frequency with which such examinations occur.
added
“(2) The Secretary may not adopt a risk-based examination schedule under paragraph (1) until the Secretary has—
added
“(A) received and reviewed the National Academies study required under section 8254(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283);
added
“(B) conducted the assessment recommended in the Government Accountability Office report submitted under section 8254(a) of such Act;
added
“(C) concluded through such assessment that a risk-based examination schedule provides not less than the level of safety provided by the annual examinations required under subsection (a)(1); and
added
“(D) provided the results of such assessment to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”
Sec. 335
Information on type approval certificates
removed
(a)
removed
In general— Title IX of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by adding at the end the following:
removed
“904. Information on type approval certificates
removed
“The Commandant of the Coast Guard shall, upon request by any State, the District of Columbia, or any territory of the United States, provide all data possessed by the Coast Guard pertaining to challenge water quality characteristics, challenge water biological organism concentrations, post-treatment water quality characteristics, and post-treatment biological organism concentrations data for a ballast water management system with a type approval certificate approved by the Coast Guard pursuant to subpart 162.060 of title 46, Code of Federal Regulations.”
(b)
removed
Clerical amendment— The table of contents for the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by inserting after the item relating to section 903 the following:
Sec. 336
Manning and crewing requirements for certain vessels, vehicles, and structures
removed
(a)
removed
Authorization of limited exemptions from manning and crew requirement— Chapter 81 of title 46, United States Code, is amended by adding at the end the following:
removed
“8109. Exemptions from manning and crew requirements
removed
“(a) In general—The Secretary may provide an exemption described in subsection (b) to the owner or operator of a covered facility if each individual who is manning or crewing the covered facility is—
removed
“(1) a citizen of the United States;
removed
“(2) an alien lawfully admitted to the United States for permanent residence; or
removed
“(3) a citizen of the nation under the laws of which the vessel is documented.
removed
“(b) Requirements for eligibility for exemption—An exemption under this subsection is an exemption from the regulations established pursuant to section 302(a)(3) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(a)(3)).
removed
“(c) Limitations—An exemption under this section—
removed
“(1) shall provide that the number of individuals manning or crewing the covered facility who are described in paragraphs (2) and (3) of subsection (a) may not exceed two and one- half times the number of individuals required to man or crew the covered facility under the laws of the nation under the laws of which the covered facility is documented; and
removed
“(2) shall be effective for not more than 12 months, but may be renewed by application to and approval by the Secretary.
removed
“(d) Application—To be eligible for an exemption or a renewal of an exemption under this section, the owner or operator of a covered facility shall apply to the Secretary with an application that includes a sworn statement by the applicant of all information required for the issuance of the exemption.
removed
“(e) Revocation
removed
“(1) In general—The Secretary—
removed
“(A) may revoke an exemption for a covered facility under this section if the Secretary determines that information provided in the application for the exemption was false or incomplete, or is no longer true or complete; and
removed
“(B) shall immediately revoke such an exemption if the Secretary determines that the covered facility, in the effective period of the exemption, was manned or crewed in a manner not authorized by the exemption.
removed
“(2) Notice required—The Secretary shall provides notice of a determination under subparagraph (A) or (B) of paragraph (1) to the owner or operator of the covered facility.
removed
“(f) Review of compliance—The Secretary shall periodically, but not less than once annually, inspect each covered facility that operates under an exemption under this section to verify the owner or operator of the covered facility’s compliance with the exemption. During an inspection under this subsection, the Secretary shall require all crew members serving under the exemption to hold a valid transportation security card issued under section 70105.
removed
“(g) Penalty—In addition to revocation under subsection (e), the Secretary may impose on the owner or operator of a covered facility a civil penalty of $10,000 per day for each day the covered facility—
removed
“(1) is manned or crewed in violation of an exemption under this subsection; or
removed
“(2) operated under an exemption under this subsection that the Secretary determines was not validly obtained.
removed
“(h) Notification of Secretary of State—The Secretary shall notify the Secretary of State of each exemption issued under this section, including the effective period of the exemption.
removed
“(i) Definitions—In this section:
removed
“(1) Covered facility—The term “covered facility” means any vessel, rig, platform, or other vehicle or structure, over 50 percent of which is owned by citizens of a foreign nation or with respect to which the citizens of a foreign nation have the right effectively to control, except to the extent and to the degree that the President determines that the government of such foreign nation or any of its political subdivisions has implemented, by statute, regulation, policy, or practice, a national manning requirement for equipment engaged in the exploring for, developing, or producing resources, including non-mineral energy resources in its offshore areas.
removed
“(2) Secretary—The term “Secretary” means the Secretary of the department in which the Coast Guard is operating.”
(b)
removed
Annual report—
(1)
removed
In general— Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report containing information on each letter of nonapplicability of section 8109 of title 46, United States Code, with respect to a covered facility that was issued by the Secretary during the preceding year.
(2)
removed
Contents— The report under paragraph (1) shall include, for each covered facility—
(A)
removed
the name and International Maritime Organization number;
(B)
removed
the nation in which the covered facility is documented;
(C)
removed
the nationality of owner or owners; and
(D)
removed
for any covered facility that was previously issued a letter of nonapplicability in a prior year, any changes in the information described in subparagraphs (A) through (C).
(c)
removed
Regulations— Not later than 90 days after the date of the enactment of this Act, the Secretary shall promulgate regulations that specify the documentary and other requirements for the issuance of an exemption under the amendment made by this section.
(d)
removed
Existing exemptions—
(1)
removed
Effect of amendments; termination— Each exemption under section 30(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) issued before the date of the enactment of this Act—
(A)
removed
shall not be affected by the amendments made by this section during the 120-day period beginning on the date of the enactment of this Act; and
(B)
removed
shall not be effective after such period.
(2)
removed
Notification of holders— Not later than 60 days after the date of the enactment of this Act, the Secretary shall notify all persons that hold such an exemption that it will expire as provided in paragraph (1).
(e)
removed
Clerical amendment— The analysis for chapter 81 of the title 46, United States Code, is amended by adding at the end the following:
Sec. 341
Anchor handling activities
added
added
Section 12111(d)(1) of title 46, United States Code, is amended—
(1)
added
in subparagraph (A) by inserting “or other energy production or transmission facility, or vessel engaged in the launch, recovery, or support of commercial space transportation or space exploration activities” after “drilling unit”; and
(2)
added
in subparagraph (B) by inserting “or other energy production or transmission facility, or vessel engaged in the launch, recovery, or support of commercial space transportation or space exploration activities” after “drilling unit”.
Sec. 342
Establishment of a national advisory committee on autonomous maritime systems
added
(a)
added
In general— Chapter 151 of title 46, United States Code, is amended by adding at the end the following:
added
“15110. Establishment of a national advisory committee on autonomous maritime systems
added
“(a) Establishment—There is established a National Advisory Committee on Autonomous Maritime Systems (in this section referred to as the “Committee”).
added
“(b) Function—The Committee shall advise the Secretary on matters relating to the regulation and use of Autonomous Systems within the territorial waters of the United States.
added
“(c) Membership
added
“(1) In general—The Committee shall consist of 8 members appointed by the Secretary in accordance with this section and section 15109.
added
“(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
added
“(3) Representation—Each of the following groups shall be represented by at least 1 member on the Committee:
added
“(A) Marine safety or security entities.
added
“(B) Vessel design and construction entities.
added
“(C) Entities engaged in the production or research of unmanned vehicles, including drones, autonomous or semi-autonomous vehicles, or any other product or service integral to the provision, maintenance, or management of such products or services.
added
“(D) Port districts, authorities, or terminal operators.
added
“(E) Vessel operators.
added
“(F) National labor unions representing merchant mariners.
added
“(G) Maritime pilots.
added
“(H) Commercial space transportation operators.
added
“(I) Academic institutions.”
(b)
added
Clerical amendments— The analysis for chapter 151 of title 46, United States Code, is amended by adding at the end the following:
(c)
added
Establishment— Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish the Committee under section 15110 of title 46, United States Code (as added by this section).
Sec. 343
Controlled substance onboard vessels
added
added
Section 70503(a) of title 46, United States Code, is amended—
(1)
added
in the matter preceding paragraph (1) by striking “While on board a covered vessel, an individual” and inserting “An individual”;
(2)
added
by amending paragraph (1) to read as follows:
added
“(1) manufacture or distribute, possess with intent to manufacture or distribute, or place or cause to be placed with intent to manufacture or distribute a controlled substance on board a covered vessel;”
(3)
added
in paragraph (2) by inserting “aboard a covered vessel” after “Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(a))”.
Sec. 344
Nonoperating individual
added
added
Section 8313(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116– 283) is amended by striking “2025” and inserting “2027”.
Sec. 345
Information on type approval certificates
added
(a)
added
In general— Title IX of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by adding at the end the following:
added
“904. Information on type approval certificates
added
“The Commandant of the Coast Guard shall, upon request by any State, the District of Columbia, or any territory of the United States, provide all data possessed by the Coast Guard pertaining to challenge water quality characteristics, challenge water biological organism concentrations, post-treatment water quality characteristics, and post-treatment biological organism concentrations data for a ballast water management system with a type approval certificate approved by the Coast Guard pursuant to subpart 162.060 of title 46, Code of Federal Regulations.”
(b)
added
Clerical amendment— The table of contents for the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by inserting after the item relating to section 903 the following:
Sec. 346
Manning and crewing requirements for certain vessels, vehicles, and structures
added
(a)
added
Authorization of limited exemptions from manning and crew requirement— Chapter 81 of title 46, United States Code, is amended by adding at the end the following:
added
“8109. Exemptions from manning and crew requirements
added
“(a) In general—The Secretary may provide an exemption described in subsection (b) to the owner or operator of a covered facility if each individual who is manning or crewing the covered facility is—
added
“(1) a citizen of the United States;
added
“(2) an alien lawfully admitted to the United States for permanent residence; or
added
“(3) a citizen of the nation under the laws of which the vessel is documented.
added
“(b) Requirements for eligibility for exemption—An exemption under this subsection is an exemption from the regulations established pursuant to section 302(a)(3) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(a)(3)).
added
“(c) Limitations—An exemption under this section—
added
“(1) shall provide that the number of individuals manning or crewing the covered facility who are described in paragraphs (2) and (3) of subsection (a) may not exceed two and one- half times the number of individuals required to man or crew the covered facility under the laws of the nation under the laws of which the covered facility is documented; and
added
“(2) shall be effective for not more than 12 months, but may be renewed by application to and approval by the Secretary.
added
“(d) Application—To be eligible for an exemption or a renewal of an exemption under this section, the owner or operator of a covered facility shall apply to the Secretary with an application that includes a sworn statement by the applicant of all information required for the issuance of the exemption.
added
“(e) Revocation
added
“(1) In general—The Secretary—
added
“(A) may revoke an exemption for a covered facility under this section if the Secretary determines that information provided in the application for the exemption was false or incomplete, or is no longer true or complete; and
added
“(B) shall immediately revoke such an exemption if the Secretary determines that the covered facility, in the effective period of the exemption, was manned or crewed in a manner not authorized by the exemption.
added
“(2) Notice required—The Secretary shall provides notice of a determination under subparagraph (A) or (B) of paragraph (1) to the owner or operator of the covered facility.
added
“(f) Review of compliance—The Secretary shall periodically, but not less than once annually, inspect each covered facility that operates under an exemption under this section to verify the owner or operator of the covered facility’s compliance with the exemption. During an inspection under this subsection, the Secretary shall require all crew members serving under the exemption to hold a valid transportation security card issued under section 70105.
added
“(g) Penalty—In addition to revocation under subsection (e), the Secretary may impose on the owner or operator of a covered facility a civil penalty of $10,000 per day for each day the covered facility—
added
“(1) is manned or crewed in violation of an exemption under this subsection; or
added
“(2) operated under an exemption under this subsection that the Secretary determines was not validly obtained.
added
“(h) Notification of Secretary of State—The Secretary shall notify the Secretary of State of each exemption issued under this section, including the effective period of the exemption.
added
“(i) Definitions—In this section:
added
“(1) Covered facility—The term “covered facility” means any vessel, rig, platform, or other vehicle or structure, over 50 percent of which is owned by citizens of a foreign nation or with respect to which the citizens of a foreign nation have the right effectively to control, except to the extent and to the degree that the President determines that the government of such foreign nation or any of its political subdivisions has implemented, by statute, regulation, policy, or practice, a national manning requirement for equipment engaged in the exploring for, developing, or producing resources, including non-mineral energy resources in its offshore areas.
added
“(2) Secretary—The term “Secretary” means the Secretary of the department in which the Coast Guard is operating.”
(1)
added
In general— Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report containing information on each letter of nonapplicability of section 8109 of title 46, United States Code, with respect to a covered facility that was issued by the Secretary during the preceding year.
(2)
added
Contents— The report under paragraph (1) shall include, for each covered facility—
(A)
added
the name and International Maritime Organization number;
(B)
added
the nation in which the covered facility is documented;
(C)
added
the nationality of owner or owners; and
(D)
added
for any covered facility that was previously issued a letter of nonapplicability in a prior year, any changes in the information described in subparagraphs (A) through (C).
(c)
added
Regulations— Not later than 90 days after the date of the enactment of this Act, the Secretary shall promulgate regulations that specify the documentary and other requirements for the issuance of an exemption under the amendment made by this section.
(d)
added
Existing exemptions—
(1)
added
Effect of amendments; termination— Each exemption under section 30(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) issued before the date of the enactment of this Act—
(A)
added
shall not be affected by the amendments made by this section during the 120-day period beginning on the date of the enactment of this Act; and
(B)
added
shall not be effective after such period.
(2)
added
Notification of holders— Not later than 60 days after the date of the enactment of this Act, the Secretary shall notify all persons that hold such an exemption that it will expire as provided in paragraph (1).
(e)
added
Clerical amendment— The analysis for chapter 81 of the title 46, United States Code, is amended by adding at the end the following:
Sec. 347
Classification societies
added
added
Section 3316(d) of title 46, United States Code, is amended—
(1)
added
by amending paragraph (2)(B)(i) to read as follows:
added
“(i) the government of the foreign country in which the foreign society is headquartered—
added
“(I) delegates that authority to the American Bureau of Shipping; or
added
“(II) does not delegate that authority to any classification society; or”
(2)
added
by adding at the end the following:
added
“(5) Clarification on authority—Nothing in this subsection authorizes the Secretary to make a delegation under paragraph (2) to a classification society from the People’s Republic of China.”
Sec. 401
Vessel response plans
added
Section 311(j)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(6)) is amended to read as follows:
added
“(6) Equipment requirements, verification, and inspection—The President may require—
added
“(A) periodic inspection of containment booms, skimmers, vessels, and other major equipment used to remove discharges;
added
“(B) periodic inspection of vessels, salvage and marine firefighting equipment, and other major equipment used to respond to vessel casualties and prevent discharges;
added
“(C) periodic verification of capabilities to appropriately, and in a timely manner, respond to a worst case discharge, or a substantial threat of a discharge, including—
added
“(i) drills, with or without prior notice;
added
“(ii) review of contracts and relevant third-party agreements;
added
“(iii) testing of equipment;
added
“(iv) review of training; and
added
“(v) other evaluations of response capabilities, as determined appropriate by the President; and
added
“(D) vessels operating on navigable waters and carrying oil or a hazardous substance in bulk as cargo, and nontank vessels carrying oil of any kind as fuel for main propulsion, to carry appropriate removal equipment that employs the best technology economically feasible and that is compatible with the safe operation of the vessel.”
(a)
removed
Prohibition on entry and operation— Section 70022(b)(1) of title 46, United States Code, is amended by striking “Federal Register” and inserting “the Federal Register”.
(b)
removed
Enforcement by State and local officers— Section 70118(a) of title 46, United States Code, is amended—
(1)
removed
by striking “section 1 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191)” and inserting “section 70051”; and
(2)
removed
by striking “section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b))” and inserting “section 70116(b)”.
(c)
removed
Chapter 701 definitions— Section 70131(2) of title 46, United States Code, is amended—
(1)
removed
by striking “section 1 of title II of the Act of June 15, 1917 (50 U.S.C. 191)” and inserting “section 70051”; and
(2)
removed
by striking “section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b))” and inserting “section 70116(b)”.
Sec. 402
Use of marine casualty investigations
added
added
Section 6308 of title 46, United States Code, is amended—
(1)
added
in subsection (a) by striking “initiated” and inserting “conducted”; and
(2)
added
by adding at the end the following:
added
“(e) For purposes of this section, an administrative proceeding conducted by the United States includes proceedings under section 7701 and claims adjudicated under section 1013 of the Oil Pollution Act of 1990 (33 U.S.C. 2713).”
Sec. 403
Timing of review
added
added
Section 1017 of the Oil Pollution Act of 1990 (33 U.S.C. 2717) is amended by adding at the end the following:
added
“(g) Timing of review—Before the date of completion of a removal action, no person may bring an action under this Act, section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321), or chapter 7 of title 5, United States Code, challenging any decision relating to such removal action that is made by an on-scene coordinator appointed under the National Contingency Plan.”
Sec. 501
Technical and conforming amendments
added
(a)
added
Prohibition on entry and operation— Section 70022(b)(1) of title 46, United States Code, is amended by striking “Federal Register” and inserting “the Federal Register”.
(b)
added
Port, harbor, and coastal facility security— Section 70116(b) of title 46, United States Code, is amended—
(1)
added
in paragraph (1) by striking “terrorism cyber” and inserting “terrorism, cyber”; and
(2)
added
in paragraph (2) by inserting a comma after “acts of terrorism”.
(c)
added
Enforcement by State and local officers— Section 70118(a) of title 46, United States Code, is amended—
(1)
added
by striking “section 1 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191)” and inserting “section 70051”; and
(2)
added
by striking “section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b))” and inserting “section 70116(b)”.
(d)
added
Chapter 701 definitions— Section 70131(2) of title 46, United States Code, is amended—
(1)
added
by striking “section 1 of title II of the Act of June 15, 1917 (50 U.S.C. 191)” and inserting “section 70051”; and
(2)
added
by striking “section 7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b))” and inserting “section 70116(b)”.