H.R. 7659 — what changed

Section 4902 of title 14, United States Code, is amended—

“(i) $11,287,500,000 for fiscal year 2025; and

“(ii) $11,851,875,000 for fiscal year 2026.”

“(i) $3,477,600,000 for fiscal year 2025; and

“(ii) $3,651,480,000 for fiscal year 2026.”

“(A) $15,415,000 for fiscal year 2025; and

“(B) $16,185,750 for fiscal year 2026.”

changed “(4) For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for purposes of retired pay, payments under the Retired Serviceman’s Family Protection Plan and the Survivor Benefit Plan, 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 their dependents under chapter 55 of title 10, $1,147,244,000 $1,210,840,000 for fiscal year 2025.”

changed “1138. “1139. Consideration of life-cycle cost estimates for acquisition and procurement

“In carrying out the acquisition and procurement of vessels and aircraft, the Secretary of the department in which the Coast Guard is operating, acting through the Commandant of the Coast Guard, shall consider the life-cycle cost estimates of vessels and aircraft, as applicable, during the design and evaluation processes to the maximum extent practicable.”

“1907. Authorization of certain support for Coast Guard Academy foundations

“(a) Authority—Subject to subsection (b) and pursuant to regulations prescribed by the Secretary of the department in which the Coast Guard is operating, the Superintendent of the Coast Guard Academy may authorize a covered foundation to use, on an unreimbursed basis, facilities or equipment of the Coast Guard Academy.

“(b) Limitations—Use of facilities or equipment under subsection (a) may be provided only if such use has been reviewed and approved by an attorney of the Coast Guard and only if such use—

“(1) is without any liability of the United States to the covered foundation;

changed “(2) does not affect the ability of any official or employee of the Coast Guard, or any member of the Armed Forces, armed forces, to carry out any responsibility or duty in a fair and objective manner;

“(3) does not compromise the integrity or appearance of integrity of any program of the Coast Guard, or any individual involved in such a program;

“(4) does not include the participation of any cadet other than participation in an honor guard at an event of the covered foundation; and

“(5) complies with any applicable ethics regulations.

“(c) Briefing—In any fiscal year during which the Superintendent of the Coast Guard Academy exercises the authority under subsection (a), the Commandant of the Coast Guard shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than the last day of that fiscal year regarding the number of events or activities of a covered foundation supported by such exercise during such fiscal year.

“(d) Covered foundation defined—In this section, the term covered foundation means a charitable, educational, or civic nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986, that the Secretary concerned determines operates exclusively to support, with respect to a Service Academy, any of the following:

“(1) Recruiting.

“(2) Parent or alumni development.

“(3) Academic, leadership, or character development.

“(4) Institutional development.

“(5) Athletics.”

removed Section 1004(d)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)(2)) is amended to read as follows:

removed “(2) Deepwater ports and associated vessels

removed “(A) In general—If the Secretary determines that the design and operation of a class or category of deepwater port results in a lower risk of oil pollution than other deepwater ports, the Secretary may initiate a rulemaking proceeding to lower the limit of liability under subsection (a)(4) for such class or category of deepwater port.

removed “(B) Considerations—In determining the risk of oil pollution for a class or category of deepwater port under subparagraph (A), the Secretary shall take into account the size, oil storage capacity, oil handling capacity, oil throughput, proximity to sensitive areas, type of oil handled, history of oil discharges, and any other factors relevant to the oil pollution risks posed by the class or category of deepwater port and associated vessels, as the Secretary determines appropriate.

removed “(C) Amount of liability limit—In lowering the limit of liability for a class or category of deepwater port under this paragraph, the Secretary may establish a limit of liability of—

removed “(i) not less than $50,000,000 for deepwater ports used in connection with the transportation of oil; and

removed “(ii) not less than $1,000,000 for deepwater ports used in connection with the transportation of natural gas.”

added Section 11221 of the Don Young Coast Guard Authorization Act of 2022 (Public Law 117–263) is amended by adding at the end the following:

added “(e) Additional reports on status of use of facilities and helicopter basing—Beginning with the first quarterly report required under subsection (a) submitted after the date of enactment of the Coast Guard Authorization Act of 2024, the Secretary shall include in each such report—

added “(1) the status of the use of recently renovated Coast Guard housing facilities, food preparation facilities, and maintenance and repair facilities on St. Paul Island, Alaska, including a projected date for full use and occupancy of such facilities in support of Coast Guard missions in the Bering Sea; and

added “(2) a detailed plan for the acquisition and construction of a hangar in close proximity to existing St. Paul airport facilities to house 1 or more Coast Guard helicopters for the prosecution of Coast Guard operational missions, including plans for the use of land needed for such hangar.”

changed Section 2514 Not later than 1 year after the date of title 14, United States Code, is amended—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 on the status of the implementation of the recommendations contained in the report of the Government Accountability Office titled “Coast Guard: Better Feedback Collection and Information Could Enhance Housing Program”, and issued February 5, 2024 (GAO–24–106388).

removed “(3) the entitlement of the member and of the survivors of the member to all death benefits under the provisions of chapter 75 of title 10;

removed “(4) the provision of all travel and transportation allowances for the survivors of deceased members to attend burial ceremonies under section 481f of title 37; and

removed “(5) the eligibility of the member for general benefits as provided in part II of title 38.”

“(20) “merchant mariner credential” means a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to this title.”

“7306. General requirements and classifications for members of deck departments

“(a) In general—The Secretary may issue a merchant mariner credential, to members of the deck department in the following classes:

“(1) Able Seaman-Unlimited.

“(2) Able Seaman-Limited.

“(3) Able Seaman-Special.

“(4) Able Seaman-Offshore Supply Vessels.

“(5) Able Seaman-Sail.

“(6) Able Seaman-Fishing Industry.

“(7) Ordinary Seaman.

“(b) Classification of credentials—The Secretary may classify the merchant mariner credential issued under subsection (a) based on—

“(1) the tonnage and means of propulsion of vessels;

“(2) the waters on which vessels are to be operated; or

“(3) other appropriate standards.

“(c) Considerations—In issuing the credential under subsection (a), the Secretary may consider the following qualifications of the merchant mariner:

“(1) Age.

“(2) Character.

“(3) Habits of life.

“(4) Experience.

“(5) Professional qualifications demonstrated by satisfactory completion of applicable examinations or other educational requirements.

“(6) Physical condition, including sight and hearing.

“(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.”

“(a) Graduation from a nautical school program approved by the Secretary may be substituted for the service requirements under sections 7307–7312 and 7314.”

“(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).”

changed Section 11502 of the James H. M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended—

“(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 2024).”

Section 3714 of title 46, United States Code, is amended—

changed “(c) Risk-Based Risk-based examination

“(1) In general—With respect to examinations of foreign-flagged vessels to which this chapter applies, the Secretary may adopt a risk-based examination schedule to which such vessels shall be examined and the frequency with which the examinations occur.

“(2) Restriction—The Secretary may not adopt a risk-based examination schedule under paragraph (1) until the Secretary has—

“(A) received and reviewed the study by the National Academies required under section 8254(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283);

“(B) conducted the assessment recommended in the report of the Government Accountability Office submitted under section 8254(a) of such Act;

“(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

“(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.”

Section 12111(d) of title 46, United States Code, is amended—

“(3) Energy production or transmission facility defined—In this subsection, the term energy production or transmission facility means a floating offshore facility that is—

“(A) not a vessel;

“(B) securely and substantially moored to the seabed, but not by driven pile anchors; and

changed “(C) equipped with wind turbines which are used for the generation and transmission of renewable energy.”non-mineral energy resources.”

changed Section 8313(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) 116– 283) is amended by striking “2025” and inserting “2027”.

“8109. Exemptions from manning and crew requirements

“(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—

“(1) a citizen of the United States;

“(2) an alien lawfully admitted to the United States for permanent residence; or

“(3) a citizen of the nation under the laws of which the vessel is documented.

“(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)).

“(c) Limitations—An exemption under this section—

changed “(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 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

“(2) shall be effective for not more than 12 months, but may be renewed by application to and approval by the Secretary.

“(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.

“(e) Revocation

“(1) In general—The Secretary—

“(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

“(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.

“(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.

“(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.

“(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—

“(1) is manned or crewed in violation of an exemption under this subsection; or

“(2) operated under an exemption under this subsection that the Secretary determines was not validly obtained.

“(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.

“(i) Definitions—In this section:

“(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.

“(2) Secretary—The term Secretary means the Secretary of the department in which the Coast Guard is operating.”

changed “70037. “70008. Special activities in exclusive economic zone

“(a) In general—The Secretary of the department in which the Coast Guard is operating may establish safety zones to address special activities in the exclusive economic zone.

“(b) Definitions—In this section:

“(1) Safety zone—The term safety zone—

“(A) means a water area, shore area, or water and shore area to which, for safety or environmental purposes, access is limited to authorized persons, vehicles, or vessels; and

“(B) may be stationary and described by fixed limits or may be described as a zone around a vessel in motion.

“(2) Special activities—The term special activities includes—

“(A) space activities, including launch and reentry (as such terms are defined in section 50902 of title 51) carried out by United States citizens; and

“(B) offshore energy development activities, as described in section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)), on or near fixed platforms (as such term is defined in section 2281(d) of title 18).

“(3) United States citizen—The term United States citizen has the meaning given the term eligible owners in section 12103 of title 46, United States Code.”

Section 4502 of title 46, United States Code, is amended—

“(B) to conduct safety and prevention training that addresses behavioral and physical health risks, to include substance use disorder and worker fatigue, facing fishing vessel operators and crewmembers; and”

“(A) on a competitive basis; and

changed “(B) based on criteria developed in consultation with the Commandant of the Coast Guard.”Guard”

“(A) on a competitive basis; and

changed “(B) based on criteria developed in consultation with the Commandant of the Coast Guard.”Guard”

“(f) Compliance—Notwithstanding section 888(b) of the Homeland Security Act of 2002 (6 U.S.C. 468(b)), the Secretary, in cooperation with other involved Federal agencies and departments, shall comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and act as the lead agency under section 4336a of title 42, United States Code, for all applications under this Act. Such compliance shall fulfill the requirement of all Federal agencies in carrying out their responsibilities under the National Environmental Policy Act of 1969 pursuant to this chapter.”

“I Barges”

“II Non-Barge Vessels

“4710. Definitions

“In this subchapter:

“(1) Abandon—The term abandon means to moor, strand, wreck, sink, or leave a covered vessel unattended for longer than 45 days.

“(2) Covered vessel—The term covered vessel means a vessel that is not a barge to which subchapter I applies.

“(3) Indian Tribe—The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

“4711. Abandonment of vessels prohibited

“(a) In general—An owner or operator of a covered vessel may not abandon such vessel on the navigable waters of the United States.

“(b) Determination of abandonment

“(1) Notification

“(A) In general—With respect to a covered vessel that appears to be abandoned, the Commandant of the Coast Guard shall—

“(i) attempt to identify the owner using the vessel registration number, hull identification number, or any other information that can be reasonably inferred or gathered; and

“(ii) notify such owner—

“(I) of the penalty described in subsection (c); and

“(II) that the vessel will be removed at the expense of the owner if the Commandant determines that the vessel is abandoned and the owner does not remove or account for the vessel.

“(B) Form—The Commandant shall provide the notice required under subparagraph (A)—

“(i) if the owner can be identified, via certified mail or other appropriate forms determined by the Commandant; or

“(ii) if the owner cannot be identified, via an announcement in a local publication and on a website maintained by the Coast Guard.

“(2) Determination—The Commandant shall make a determination not earlier than 45 days after the date on which the Commandant provides the notification required under paragraph (1) of whether a covered vessel described in such paragraph is abandoned.

“(c) Penalty

“(1) In general—The Commandant may assess a civil penalty of not more than $500 against an owner or operator of a covered vessel determined to be abandoned under subsection (b) for a violation of subsection (a).

“(2) Liability in rem—The owner or operator of a covered vessel shall also be liable in rem for a penalty imposed under paragraph (1).

“(d) Vessels not abandoned—The Commandant may not determine that a covered vessel is abandoned under this section if—

“(1) such vessel is located at a federally approved or State approved mooring area;

changed “(2) such vessel is located on private property with the permission of the owner of such property; orproperty;

“(3) the owner or operator of such vessel provides a notification to the Commandant that—

“(A) indicates the location of the vessel;

“(B) indicates that the vessel is not abandoned; and

changed “(C) contains documentation proving that the vessel is allowed to be in such location.location; or

added “(4) the Commandant determines that such an abandonment determination would not be in the public interest.

“4712. Inventory of abandoned vessels

“(a) In general—Not later than 1 year after the date of enactment of this section, the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and relevant State agencies, shall establish and maintain a national inventory of covered vessels that are abandoned.

“(b) Contents—The inventory established and maintained under subsection (a) shall include data on each vessel, including geographic information system data related to the location of each such vessel.

“(c) Publication—The Commandant shall make the inventory established under subsection (a) publicly available on a website of the Coast Guard.

“(d) Reporting of potentially abandoned vessels—In carrying out this section, the Commandant shall develop a process by which—

“(1) a State, Indian Tribe, or person may report a covered vessel that may be abandoned to the Commandant for potential inclusion in the inventory established under subsection (a); and

“(2) the Commandant shall review any such report and add such vessel to the inventory if the Commandant determines that the reported vessel is abandoned pursuant to section 4711.”

“2132. Designation of officers with particular expertise in military justice or healthcare

“(a) Secretary designation—The Secretary may designate a limited number of officers of the Coast Guard as having particular expertise in—

“(1) military justice; or

“(2) healthcare.

“(b) Promotion and grade—An individual designated under this section—

“(1) shall not be included on the active duty promotion list;

“(2) shall be promoted under section 2126; and

“(3) may not be promoted to a grade higher than captain.”

changed “(e) Secretary To to prescribe numbers for certain officers—The Secretary shall prescribe the number of officers authorized to be serving on active duty in each grade of—

“(1) the permanent commissioned teaching staff of the Coast Guard Academy;

“(2) the officers designated by the Secretary pursuant to section 2132; and

“(3) the officers of the Reserve serving in connection with organizing, administering, recruiting, instructing, or training the reserve components.”

changed “1907. “1908. Safe-to-report policy for Coast Guard

“(a) In general—The Secretary of the department in which the Coast Guard is operating shall, in consultation with the Secretaries of the military departments, issue such regulations as are necessary to establish the safe-to-report policy described in subsection (b) that applies with respect to all members of the Coast Guard (including members of the reserve and auxiliary components of the Coast Guard) and cadets at the Coast Guard Academy.

changed “(b) Safe-to-Report Safe-to-report policy—The safe-to-report policy described in this subsection is a policy that prescribes the handling of minor collateral misconduct involving a member of the Coast Guard who is the alleged victim or reporting witness of a sexual assault.

“(c) Mitigating and aggravating circumstances—In issuing regulations under subsection (a), the Secretary shall specify mitigating circumstances that decrease the gravity of minor collateral misconduct or the impact of such misconduct on good order and discipline and aggravating circumstances that increase the gravity of minor collateral misconduct or the impact of such misconduct on good order and discipline for purposes of the safe-to-report policy.

“(d) Tracking of collateral misconduct incidents—In conjunction with the issuance of regulations under subsection (a), Secretary shall develop and implement a process to anonymously track incidents of minor collateral misconduct that are subject to the safe-to-report policy established under such regulations.

“(e) Minor collateral misconduct defined—In this section, the term minor collateral misconduct means any minor misconduct that is punishable under chapter 47 of title 10 that—

“(1) is committed close in time to or during a sexual assault and directly related to the incident that formed the basis of the sexual assault allegation;

“(2) is discovered as a direct result of the report of sexual assault or the ensuing investigation into such sexual assault; and

“(3) does not involve aggravating circumstances (as specified in the regulations issued under subsection (a)) that increase the gravity of the minor misconduct or the impact of such misconduct on good order and discipline.”

“(a) In general—The Secretary”

changed “(b) Higher-Level Higher-level review of sexual assault cases

“(1) In general—If a board convened under this section determines that the officer should be retained when the officer’s record indicates that the officer has committed a sexual assault offense, the board shall forward the record of the proceedings and recommendation of the board for higher-level review, in accordance with regulations prescribed by the Secretary.

“(2) Authority—The official exercising higher-level review shall have authority to forward the case for consideration by a Board of Inquiry in accordance with section 2159.

“(c) Sexual assault offense defined—In this section, the term sexual assault offense means a violation of section 920 or 920b of title 10, United States Code (article 120 or 120b of the Uniform Code of Military Justice) or attempt to commit an offense specified under section 920 or 920b as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).”

changed “2517. “2518. Review of discharge or dismissal

“(a) Downgrade

“(1) In general—In addition to the requirements of section 1553 of title 10, a board of review for a former member of the Coast Guard established pursuant to such section may, upon a motion of the board and subject to review by the Secretary of the department in which the Coast Guard is operating, downgrade an honorable discharge or dismissal to a general (under honorable conditions) discharge or dismissal upon a finding that a former member of the Coast Guard, while serving on active duty as a member of the armed forces, committed sexual assault or sexual harassment in violation of section 920, 920b, or 934 of this title (article 120, 120b, or 134 of the Uniform Code of Military Justice).

“(2) Evidence—Any downgrade under paragraph (1) shall be supported by clear and convincing evidence.

“(3) Limitation—The review board under paragraph (1) may not downgrade a discharge or dismissal of a former member of the Coast Guard if the same action described in paragraph (1) was considered prior to separation from active duty by an administrative board in determining the characterization of discharge as otherwise provided by law and in accordance with regulations prescribed by the Secretary of the Department in which the Coast Guard is operating.

“(b) Procedural rights

“(1) In general—A review by a board established under section 1553 of title 10 shall be based on the records of the armed forces concerned and such other evidence as may be presented to the board.

“(2) Evidence by witness—A witness may present evidence to the board in person or by affidavit.

“(3) Appearance before board—A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.

“(4) Notification—A former member of the Coast Guard who is subject to a downgrade in discharge characterization review under subsection (b)(3) shall be notified in writing of such proceedings, afforded the right to obtain copies of records and documents relevant to the proceedings, and the right to appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.”