US Codex
Pub. L.
Notes

Title III — Shipping and Navigation

114th Congress · Approved Feb 8, 2016 · 130 Stat. 27

TITLE III Shipping and Navigation

SEC. 301. Survival Craft.

(a)
In General.— Section 3104 of title 46, United States Code, is amended to read as follows:

Ҥ 3104. Survival craft

“(a) Requirement To Equip.—The Secretary shall require that a passenger vessel be equipped with survival craft that ensures that no part of an individual is immersed in water, if—

“(1) such vessel is built or undergoes a major conversion after January 1, 2016; and

“(2) operates in cold waters as determined by the Secretary.

“(b) Higher Standard of Safety.—The Secretary may revise part 117 or part 180 of title 46, Code of Federal Regulations, as in effect before January 1, 2016, if such revision provides a higher standard of safety than is provided by the regulations in effect on or before the date of the enactment of the Coast Guard Authorization Act of 2015.

“(c) Innovative and Novel Designs.—The Secretary may, in lieu of the requirements set out in part 117 or part 180 of title 46, Code of Federal Regulations, as in effect on the date of the enactment of the Coast Guard Authorization Act of 2015, allow a passenger vessel to be equipped with a life-saving appliance or arrangement of an innovative or novel design that—

“(1) ensures no part of an individual is immersed in water; and

“(2) provides an equal or higher standard of safety than is provided by such requirements as in effect before such date of the enactment.

“(d) Built Defined.—In this section, the term ‘built’ has the meaning that term has under section 4503(e).”

(b)
Review; Revision of Regulations.—
(1)
Review.— Not later than December 31, 2016, the Secretary of the department in which the Coast Guard is operating 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 review of—
(A)
the number of casualties for individuals with disabilities, children, and the elderly as a result of immersion in water, reported to the Coast Guard over the preceding 30-year period, by vessel type and area of operation;
(B)
the risks to individuals with disabilities, children, and the elderly as a result of immersion in water, by passenger vessel type and area of operation;
(C)
the effect that carriage of survival craft that ensure that no part of an individual is immersed in water has on—
(i)
passenger vessel safety, including stability and safe navigation;
(ii)
improving the survivability of individuals, including individuals with disabilities, children, and the elderly; and
(iii)
the costs, the incremental cost difference to vessel operators, and the cost effectiveness of requiring the carriage of such survival craft to address the risks to individuals with disabilities, children, and the elderly;
(D)
the efficacy of alternative safety systems, devices, or measures in improving survivability of individuals with disabilities, children, and the elderly; and
(E)
the number of small businesses and nonprofit vessel operators that would be affected by requiring the carriage of such survival craft on passenger vessels to address the risks to individuals with disabilities, children, and the elderly.
(2)
Scope.— In conducting the review under paragraph (1), the Secretary shall include an examination of passenger vessel casualties that have occurred in the waters of other nations.
(3)
Updates.— The Secretary shall update the review required under paragraph (1) every 5 years.
(4)
Revision.— Based on the review conducted under paragraph (1), including updates thereto, the Secretary shall revise regulations concerning the carriage of survival craft under section 3104(c) of title 46, United States Code.
(c)
GAO Study.—
(1)
In general.— Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall complete and 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 to determine any adverse or positive changes in public safety after the implementation of the amendments and requirements under this section and section 3104 of title 46, United States Code.
(2)
Requirements.— In completing the report under paragraph (1), the Comptroller General shall examine—
(A)
the number of casualties, by vessel type and area of operation, as the result of immersion in water reported to the Coast Guard for each of the 10 most recent fiscal years for which such data are available;
(B)
data for each fiscal year on—
(i)
vessel safety, including stability and safe navigation; and
(ii)
survivability of individuals, including individuals with disabilities, children, and the elderly;
(C)
the efficacy of alternative safety systems, devices, or measures; and
(D)
any available data on the costs of the amendments and requirements under this section and section 3104 of title 46, United States Code.

SEC. 302. Vessel Replacement.

(a)
Loans and Guarantees.— Chapter 537 of title 46, United States Code, is amended—
(1)
in section 53701—
(A)
by redesignating paragraphs (8) through (14) as paragraphs (9) through (15), respectively; and
(B)
by inserting after paragraph (7) the following:

“(8) Historical uses.—The term ‘historical uses’ includes—

“(A) refurbishing, repairing, rebuilding, or replacing equipment on a fishing vessel, without materially increasing harvesting capacity;

“(B) purchasing a used fishing vessel;

“(C) purchasing, constructing, expanding, or reconditioning a fishery facility;

“(D) refinancing existing debt;

“(E) reducing fishing capacity; and

“(F) making upgrades to a fishing vessel, including upgrades in technology, gear, or equipment, that improve—

“(i) collection and reporting of fishery-dependent data;

“(ii) bycatch reduction or avoidance;

“(iii) gear selectivity;

“(iv) adverse impacts caused by fishing gear; or

“(v) safety.”

; and

(2)
in section 53702(b), by adding at the end the following:

“(3) Minimum obligations available for historic uses.—Of the direct loan obligations issued by the Secretary under this chapter, the Secretary shall make a minimum of $59,000,000 available each fiscal year for historic uses.

“(4) Use of obligations in limited access fisheries.—In addition to the other eligible purposes and uses of direct loan obligations provided for in this chapter, the Secretary may issue direct loan obligations for the purpose of—

“(A) financing the construction or reconstruction of a fishing vessel in a fishery managed under a limited access system; or

“(B) financing the purchase of harvesting rights in a fishery that is federally managed under a limited access system.”

(b)
Limitation on Application to Certain Fishing Vessels of Prohibition Under Vessel Construction Program.— Section 302(b)(2) of the Fisheries Financing Act (title III of Public Law 104–297; 46 U.S.C. 53706 note) is amended—
(1)
in the second sentence—
(A)
by striking “ or in” and inserting “ , in”; and
(B)
by inserting before the period the following: “ , in fisheries that are under the jurisdiction of the North Pacific Fishery Management Council and managed under a fishery management plan issued under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), or in the Pacific whiting fishery that is under the jurisdiction of the Pacific Fishery Management Council and managed under a fishery management plan issued under that Act”; and
(2)
by adding at the end the following: “ Any fishing vessel operated in fisheries under the jurisdiction of the North Pacific Fishery Management Council and managed under a fishery management plan issued under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), or in the Pacific whiting fishery under the jurisdiction of the Pacific Fishery Management Council and managed under a fishery management plan issued under that Act, and that is replaced by a vessel that is constructed or rebuilt with a loan or loan guarantee provided by the Federal Government may not be used to harvest fish in any fishery under the jurisdiction of any regional fishery management council, other than a fishery under the jurisdiction of the North Pacific Fishery Management Council or the Pacific Fishery Management Council.”.

SEC. 303. Model Years for Recreational Vessels.

(a)
In General.— Section 4302 of title 46, United States Code is amended by adding at the end the following:

“(e)

(1) Under this section, a model year for recreational vessels and associated equipment shall, except as provided in paragraph (2)—

“(A) begin on June 1 of a year and end on July 31 of the following year; and

“(B) be designated by the year in which it ends.

“(2) Upon the request of a recreational vessel manufacturer to which this chapter applies, the Secretary may alter a model year for a model of recreational vessel of the manufacturer and associated equipment, by no more than 6 months from the model year described in paragraph (1).”

(b)
Application.— This section shall only apply with respect to recreational vessels and associated equipment constructed or manufactured, respectively, on or after the date of enactment of this Act.

SEC. 304. Merchant Mariner Credential Expiration Harmonization.

(a)
In General.— Except as provided in subsection (c) and not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish a process to harmonize the expiration dates of merchant mariner credentials, mariner medical certificates, and radar observer endorsements for individuals applying to the Secretary for a new merchant mariner credential or for renewal of an existing merchant mariner credential.
(b)
Requirements.— The Secretary shall ensure that the process established under subsection (a)—
(1)
does not require an individual to renew a merchant mariner credential earlier than the date on which the individual’s current credential expires; and
(2)
results in harmonization of expiration dates for merchant mariner credentials, mariner medical certificates, and radar observer endorsements for all individuals by not later than 6 years after the date of the enactment of this Act.
(c)
Exception.— The process established under subsection (a) does not apply to individuals—
(1)
holding a merchant mariner credential with—
(A)
an active Standards of Training, Certification, and Watchkeeping endorsement; or
(B)
Federal first-class pilot endorsement; or
(2)
who have been issued a time-restricted medical certificate.

SEC. 305. Safety Zones for Permitted Marine Events.

Not later than 6 months after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish and implement a process to—
(1)
account for the number of safety zones established for permitted marine events;
(2)
differentiate whether the event sponsor who requested a permit for such an event is—
(A)
an individual;
(B)
an organization; or
(C)
a government entity; and
(3)
account for Coast Guard resources utilized to enforce safety zones established for permitted marine events, including for—
(A)
the number of Coast Guard or Coast Guard Auxiliary vessels used; and
(B)
the number of Coast Guard or Coast Guard Auxiliary patrol hours required.

SEC. 306. Technical Corrections.

(a)
Title 46.— Title 46, United States Code, is amended—
(1)
in section 103, by striking “ (33 U.S.C. 151).” and inserting “ (33 U.S.C. 151(b)).”;
(2)
in section 2118—
(A)
in subsection (a), in the matter preceding paragraph (1), by striking “ title,” and inserting “ subtitle,”; and
(B)
in subsection (b), by striking “ title” and inserting “ subtitle”;
(3)
in the analysis for chapter 35—
(A)
by adding a period at the end of the item relating to section 3507; and
(B)
by adding a period at the end of the item relating to section 3508;
(4)
in section 3715(a)(2), by striking “ ; and” and inserting a semicolon;
(5)
in section 4506, by striking “ (a)”;
(6)
in section 8103(b)(1)(A)(iii), by striking “ Academy.” and inserting “ Academy; and”;
(7)
in section 11113(c)(1)(A)(i), by striking “ under this Act”;
(8)
in the analysis for chapter 701—
(A)
by adding a period at the end of the item relating to section 70107A;
(B)
in the item relating to section 70112, by striking “ security advisory committees.” and inserting “ Security Advisory Committees.”; and
(C)
in the item relating to section 70122, by striking “ watch program.” and inserting “ Watch Program.”;
(9)
in section 70105(c)—
(A)
in paragraph (1)(B)(xv)—
(i)
by striking “ 18, popularly” and inserting “ 18 (popularly”; and
(ii)
by striking “ Act” and inserting “ Act)”; and
(B)
in paragraph (2), by striking “ (D) paragraph” and inserting “ (D) of paragraph”;
(10)
in section 70107—
(A)
in subsection (b)(2), by striking “ 5121(j)(8)),” and inserting “ 5196(j)(8)),”; and
(B)
in subsection (m)(3)(C)(iii), by striking “ that is” and inserting “ that the applicant”;
(11)
in section 70122, in the section heading, by striking “ watch program” and inserting “ Watch Program”; and
(12)
in the analysis for chapter 705, by adding a period at the end of the item relating to section 70508.
(b)
General Bridge Statutes.—
(1)
Act of march 3, 1899.— The Act of March 3, 1899, popularly known as the Rivers and Harbors Appropriations Act of 1899, is amended—
(A)
in section 9 (33 U.S.C. 401), by striking “ Secretary of Transportation” each place it appears and inserting “ Secretary of the department in which the Coast Guard is operating”; and
(B)
in section 18 (33 U.S.C. 502), by striking “ Secretary of Transportation” each place it appears and inserting “ Secretary of the department in which the Coast Guard is operating”.
(2)
Act of march 23, 1906.— The Act of March 23, 1906, popularly known as the Bridge Act of 1906, is amended—
(A)
in the first section (33 U.S.C. 491), by striking “ Secretary of Transportation” and inserting “ Secretary of the department in which the Coast Guard is operating”;
(B)
in section 4 (33 U.S.C. 494), by striking “ Secretary of Homeland Security” each place it appears and inserting “ Secretary of the department in which the Coast Guard is operating”; and
(C)
in section 5 (33 U.S.C. 495), by striking “ Secretary of Transportation” each place it appears and inserting “ Secretary of the department in which the Coast Guard is operating”.
(3)
Act of august 18, 1894.— Section 5 of the Act entitled “An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes”, approved August 18, 1894 (33 U.S.C. 499) is amended by striking “ Secretary of Transportation” each place it appears and inserting “ Secretary of the department in which the Coast Guard is operating”.
(4)
Act of june 21, 1940.— The Act of June 21, 1940, popularly known as the Truman-Hobbs Act, is amended—
(A)
in section 1 (33 U.S.C. 511), by striking “ Secretary of Transportation” and inserting “ Secretary of the department in which the Coast Guard is operating”;
(B)
in section 4 (33 U.S.C. 514), by striking “ Secretary of Transportation” and inserting “ Secretary of the department in which the Coast Guard is operating”;
(C)
in section 7 (33 U.S.C. 517), by striking “ Secretary of Transportation” each place it appears and inserting “ Secretary of the department in which the Coast Guard is operating”; and
(D)
in section 13 (33 U.S.C. 523), by striking “ Secretary of Transportation” and inserting “ Secretary of the department in which the Coast Guard is operating”.
(5)
General bridge act of 1946.— The General Bridge Act of 1946 is amended—
(A)
in section 502(b) (33 U.S.C. 525(b)), by striking “ Secretary of Transportation” and inserting “ Secretary of the department in which the Coast Guard is operating”; and
(B)
in section 510 (33 U.S.C. 533), by striking “ Secretary of Transportation” each place it appears and inserting “ Secretary of the department in which the Coast Guard is operating”.
(6)
International bridge act of 1972.— The International Bridge Act of 1972 is amended—
(A)
in section 5 (33 U.S.C. 535c), by striking “ Secretary of Transportation” and inserting “ Secretary of the department in which the Coast Guard is operating”;
(B)
in section 8 (33 U.S.C. 535e), by striking “ Secretary of Transportation” each place it appears and inserting “ Secretary of the department in which the Coast Guard is operating”; and
(C)
by striking section 11 (33 U.S.C. 535h).

SEC. 307. Recommendations for Improvements of Marine Casualty Reporting.

Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the actions the Commandant will take to implement recommendations on improvements to the Coast Guard’s marine casualty reporting requirements and procedures included in—
(1)
the Department of Homeland Security Office of Inspector General report entitled “Marine Accident Reporting, Investigations, and Enforcement in the United States Coast Guard”, released on May 23, 2013; and
(2)
the Towing Safety Advisory Committee report entitled “Recommendations for Improvement of Marine Casualty Reporting”, released on March 26, 2015.

SEC. 308. Recreational Vessel Engine Weights.

Not later than 180 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue regulations amending table 4 to subpart H of part 183 of title 33, Code of Federal Regulations (relating to Weights (Pounds) of Outboard Motor and Related Equipment for Various Boat Horsepower Ratings) as appropriate to reflect “ Standard 30–Outboard Engine and Related Equipment Weights” published by the American Boat and Yacht Council, as in effect on the date of the enactment of this Act.

SEC. 309. Merchant Mariner Medical Certification Reform.

(a)
In General.— Chapter 75 of title 46, United States Code, is amended by adding at the end the following:

Ҥ 7509. Medical certification by trusted agents

“(a) In General.—Notwithstanding any other provision of law and pursuant to regulations prescribed by the Secretary, a trusted agent may issue a medical certificate to an individual who—

“(1) must hold such certificate to qualify for a license, certificate of registry, or merchant mariner’s document, or endorsement thereto under this part; and

“(2) is qualified as to sight, hearing, and physical condition to perform the duties of such license, certificate, document, or endorsement, as determined by the trusted agent.

“(b) Process for Issuance of Certificates by Secretary.—A final rule implementing this section shall include a process for—

“(1) the Secretary of the department in which the Coast Guard is operating to issue medical certificates to mariners who submit applications for such certificates to the Secretary; and

“(2) a trusted agent to defer to the Secretary the issuance of a medical certificate.

“(c) Trusted Agent Defined.—In this section the term ‘trusted agent’ means a medical practitioner certified by the Secretary to perform physical examinations of an individual for purposes of a license, certificate of registry, or merchant mariner’s document under this part.”

(b)
Deadline.— Not later than 5 years after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue a final rule implementing section 7509 of title 46, United States Code, as added by this section.
(c)
Clerical Amendment.— The analysis for such chapter is amended by adding at the end the following:

“7509. Medical certification by trusted agents.”.

SEC. 310. Atlantic Coast Port Access Route Study.

(a)
Atlantic Coast Port Access Route Study.— Not later than April 1, 2016, the Commandant of the Coast Guard shall conclude the Atlantic Coast Port Access Route Study and submit the results of such study to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(b)
Nantucket Sound.— Not later than December 1, 2016, the Commandant of the Coast Guard shall complete and 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 port access route study of Nantucket Sound using the standards and methodology of the Atlantic Coast Port Access Route Study, to determine whether the Coast Guard should revise existing regulations to improve navigation safety in Nantucket Sound due to factors such as increased vessel traffic, changing vessel traffic patterns, weather conditions, or navigational difficulty in the vicinity.

SEC. 311. Certificates of Documentation for Recreational Vessels.

Not later than one year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall issue regulations that—
(1)
make certificates of documentation for recreational vessels effective for 5 years; and
(2)
require the owner of such a vessel—
(A)
to notify the Coast Guard of each change in the information on which the issuance of the certificate of documentation is based, that occurs before the expiration of the certificate; and
(B)
apply for a new certificate of documentation for such a vessel if there is any such change.

SEC. 312. Program Guidelines.

Not later than 180 days after the date of the enactment this Act, the Secretary of Transportation shall—
(1)
develop guidelines to implement the program authorized under section 304(a) of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241), including specific actions to ensure the future availability of able and credentialed United States licensed and unlicensed seafarers including—
(A)
incentives to encourage partnership agreements with operators of foreign-flag vessels that carry liquified natural gas, that provide no less than one training billet per vessel for United States merchant mariners in order to meet minimum mandatory sea service requirements;
(B)
development of appropriate training curricula for use by public and private maritime training institutions to meet all United States merchant mariner license, certification, and document laws and requirements under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978; and
(C)
steps to promote greater outreach and awareness of additional job opportunities for sea service veterans of the United States Armed Forces; and
(2)
submit such guidelines to the Committee Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

SEC. 313. Repeals.

(a)
Repeals, Merchant Marine Act, 1936.— Sections 601 through 606, 608 through 611, 613 through 616, 802, and 809 of the Merchant Marine Act, 1936 (46 U.S.C. 53101 note) are repealed.
(b)
Conforming Amendments.— Chapter 575 of title 46, United States Code, is amended—
(1)
in section 57501, by striking “ titles V and VI” and inserting “ title V”; and
(2)
in section 57531(a), by striking “ titles V and VI” and inserting “ title V”.
(c)
Transfer From Merchant Marine Act, 1936.—
(1)
In general.— Section 801 of the Merchant Marine Act, 1936 (46 U.S.C. 53101 note) is—
(A)
redesignated as section 57522 of title 46, United States Code, and transferred to appear after section 57521 of such title; and
(B)
as so redesignated and transferred, is amended—
(i)
by striking so much as precedes the first sentence and inserting the following:

“§ 57522. Books and records, balance sheets, and inspection and auditing”

(ii)
by striking “ the provision of title VI or VII of this Act” and inserting “ this chapter”; and
(iii)
by striking “ : Provided, That” and all that follows through “ Commission”.
(2)
Clerical amendment.— The analysis for chapter 575, of title 46, United States Code, is amended by inserting after the item relating to section 57521 the following:

“57522. Books and records, balance sheets, and inspection and auditing.”.

(d)
Repeals, Title 46, U.S.C.— Section 8103 of title 46, United States Code, is amended in subsections (c) and (d) by striking “ or operating” each place it appears.

SEC. 314. Maritime Drug Law Enforcement.

(a)
Prohibitions.— Section 70503(a) of title 46, United States Code, is amended to read as follows:

“(a) Prohibitions.—While on board a covered vessel, an individual may not knowingly or intentionally—

“(1) manufacture or distribute, or possess with intent to manufacture or distribute, a controlled substance;

“(2) destroy (including jettisoning any item or scuttling, burning, or hastily cleaning a vessel), or attempt or conspire to destroy, property that is subject to forfeiture under section 511(a) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 881(a)); or

“(3) conceal, or attempt or conspire to conceal, more than $100,000 in currency or other monetary instruments on the person of such individual or in any conveyance, article of luggage, merchandise, or other container, or compartment of or aboard the covered vessel if that vessel is outfitted for smuggling.”

(b)
Covered Vessel Defined.— Section 70503 of title 46, United States Code, is amended by adding at the end the following:

“(e) Covered Vessel Defined.—In this section the term ‘covered vessel’ means—

“(1) a vessel of the United States or a vessel subject to the jurisdiction of the United States; or

“(2) any other vessel if the individual is a citizen of the United States or a resident alien of the United States.”

(c)
Penalties.— Section 70506 of title 46, United States Code, is amended—
(1)
in subsection (a), by striking “ A person violating section 70503” and inserting “ A person violating paragraph (1) of section 70503(a)”; and
(2)
by adding at the end the following:

“(d) Penalty.—A person violating paragraph (2) or (3) of section 70503(a) shall be fined in accordance with section 3571 of title 18, imprisoned not more than 15 years, or both.”

(d)
Seizure and Forfeiture.— Section 70507(a) of title 46, United States Code, is amended by striking “ section 70503” and inserting “ section 70503 or 70508”.
(e)
Clerical Amendments.—
(1)
The heading of section 70503 of title 46, United States Code, is amended to read as follows:

“§ 70503. Prohibited acts”

(2)
The analysis for chapter 705 of title 46, United States Code, is further amended by striking the item relating to section 70503 and inserting the following:

“70503. Prohibited acts.”.

SEC. 315. Examinations for Merchant Mariner Credentials.

(a)
Disclosure.—
(1)
In general.— Chapter 75 of title 46, United States Code, is further amended by adding at the end the following:

Ҥ 7510. Examinations for merchant mariner credentials

“(a) Disclosure Not Required.—Notwithstanding any other provision of law, the Secretary is not required to disclose to the public—

“(1) a question from any examination for a merchant mariner credential;

“(2) the answer to such a question, including any correct or incorrect answer that may be presented with such question; and

“(3) any quality or characteristic of such a question, including—

“(A) the manner in which such question has been, is, or may be selected for an examination;

“(B) the frequency of such selection; and

“(C) the frequency that an examinee correctly or incorrectly answered such question.

“(b) Exception for Certain Questions.—Notwithstanding subsection (a), the Secretary may, for the purpose of preparation by the general public for examinations required for merchant mariner credentials, release an examination question and answer that the Secretary has retired or is not presently on or part of an examination, or that the Secretary determines is appropriate for release.

“(c) Exam Review.—

“(1) In general.—Not later than 90 days after the date of the enactment of the Coast Guard Authorization Act of 2015, and once every two years thereafter, the Commandant of the Coast Guard shall commission a working group to review new questions for inclusion in examinations required for merchant mariner credentials, composed of—

“(A) 1 subject matter expert from the Coast Guard;

“(B) representatives from training facilities and the maritime industry, of whom—

“(i) one-half shall be representatives from approved training facilities; and

“(ii) one-half shall be representatives from the appropriate maritime industry;

“(C) at least 1 representative from the Merchant Marine Personnel Advisory Committee;

“(D) at least 2 representatives from the State maritime academies, of whom one shall be a representative from the deck training track and one shall be a representative of the engine license track;

“(E) representatives from other Coast Guard Federal advisory committees, as appropriate, for the industry segment associated with the subject examinations;

“(F) at least 1 subject matter expert from the Maritime Administration; and

“(G) at least 1 human performance technology representative.

“(2) Inclusion of persons knowledgeable about examination type.—The working group shall include representatives knowledgeable about the examination type under review.

“(3) Limitation.—The requirement to convene a working group under paragraph (1) does not apply unless there are new examination questions to review.

“(4) Baseline review.—

“(A) In general.—Within 1 year after the date of the enactment of the Coast Guard Authorization Act of 2015, the Secretary shall convene the working group to complete a baseline review of the Coast Guard’s Merchant Mariner Credentialing Examination, including review of—

“(i) the accuracy of examination questions;

“(ii) the accuracy and availability of examination references;

“(iii) the length of merchant mariner examinations; and

“(iv) the use of standard technologies in administering, scoring, and analyzing the examinations.

“(B) Progress report.—The Coast Guard shall provide a progress report to the appropriate congressional committees on the review under this paragraph.

“(5) Full membership not required.—The Coast Guard may convene the working group without all members present if any non-Coast-Guard representative is present.

“(6) Nondisclosure agreement.—The Secretary shall require all members of the working group to sign a nondisclosure agreement with the Secretary.

“(7) Treatment of members as federal employees.—A member of the working group who is not a Federal Government employee shall not be considered a Federal employee in the service or the employment of the Federal Government, except that such a member shall be considered a special government employee, as defined in section 202(a) of title 18 for purposes of sections 203, 205, 207, 208, and 209 of such title and shall be subject to any administrative standards of conduct applicable to an employee of the department in which the Coast Guard is operating.

“(8) Formal exam review.—The Secretary shall ensure that the Coast Guard Performance Technology Center—

“(A) prioritizes the review of examinations required for merchant mariner credentials; and

“(B) not later than 3 years after the date of enactment of the Coast Guard Authorization Act of 2015, completes a formal review, including an appropriate analysis, of the topics and testing methodology employed by the National Maritime Center for merchant seamen licensing.

“(9) FACA.—The Federal Advisory Committee Act (5 U.S.C. App) shall not apply to any working group created under this section to review the Coast Guard’s merchant mariner credentialing examinations.

“(d) Merchant Mariner Credential Defined.—In this section, the term ‘merchant mariner credential’ means a merchant seaman license, certificate, or document that the Secretary is authorized to issue pursuant to this title.”

(2)
Clerical amendment.— The analysis for such chapter is further amended by adding at the end the following:

“7510. Examinations for merchant mariner credentials.”.

(b)
Examinations for Merchant Mariner Credentials.—
(1)
In general.— Chapter 71 of title 46, United States Code, is amended by adding at the end the following:

Ҥ 7116. Examinations for merchant mariner credentials

“(a) Requirement for Sample Exams.—The Secretary shall develop a sample merchant mariner credential examination and outline of merchant mariner examination topics on an annual basis.

“(b) Public Availability.—Each sample examination and outline of topics developed under subsection (a) shall be readily available to the public.

“(c) Merchant Mariner Credential Defined.—In this section, the term ‘merchant mariner credential’ has the meaning that term has in section 7510.”

(2)
Clerical amendment.— The analysis for such chapter is amended by adding at the end the following:

“7116. Examinations for merchant mariner credentials.”.

(c)
Disclosure to Congress.— Nothing in this section may be construed to authorize the withholding of information from an appropriate inspector general, the Committee on Commerce, Science, and Transportation of the Senate, or the Committee on Transportation and Infrastructure of the House of Representatives.

SEC. 316. Higher Volume Port Area Regulatory Definition Change.

(a)
In General.— Subsection (a) of section 710 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 124 Stat. 2986) is amended to read as follows:

“(a) Higher Volume Ports.—Notwithstanding any other provision of law, the requirements of subparts D, F, and G of part 155 of title 33, Code of Federal Regulations, that apply to the higher volume port area for the Strait of Juan de Fuca at Port Angeles, Washington (including any water area within 50 nautical miles seaward), to and including Puget Sound, shall apply, in the same manner, and to the same extent, to the Strait of Juan de Fuca at Cape Flattery, Washington (including any water area within 50 nautical miles seaward), to and including Puget Sound.”

(b)
Conforming Amendment.— Subsection (b) of such section is amended by striking “ the modification of the higher volume port area definition required by subsection (a).” and inserting “ higher volume port requirements made applicable under subsection (a).”.

SEC. 317. Recognition of Port Security Assessments Conducted by Other Entities.

Section 70108 of title 46, United States Code, is amended by adding at the end the following:

“(f) Recognition of Assessment Conducted by Other Entities.—

“(1) Certification and treatment of assessments.—For the purposes of this section and section 70109, the Secretary may treat an assessment that a foreign government (including, for the purposes of this subsection, an entity of or operating under the auspices of the European Union) or international organization has conducted as an assessment that the Secretary has conducted for the purposes of subsection (a), provided that the Secretary certifies that the foreign government or international organization has—

“(A) conducted the assessment in accordance with subsection (b); and

“(B) provided the Secretary with sufficient information pertaining to its assessment (including, but not limited to, information on the outcome of the assessment).

“(2) Authorization to enter into an agreement.—For the purposes of this section and section 70109, the Secretary, in consultation with the Secretary of State, may enter into an agreement with a foreign government (including, for the purposes of this subsection, an entity of or operating under the auspices of the European Union) or international organization, under which parties to the agreement—

“(A) conduct an assessment, required under subsection (a);

“(B) share information pertaining to such assessment (including, but not limited to, information on the outcome of the assessment); or

“(C) both.

“(3) Limitations.—Nothing in this subsection shall be construed to—

“(A) require the Secretary to recognize an assessment that a foreign government or an international organization has conducted; or

“(B) limit the discretion or ability of the Secretary to conduct an assessment under this section.

“(4) Notification to congress.—Not later than 30 days before entering into an agreement or arrangement with a foreign government under paragraph (2), the Secretary shall notify the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the proposed terms of such agreement or arrangement.”

SEC. 318. Fishing Vessel and Fish Tender Vessel Certification.

(a)
Alternative Safety Compliance Programs.— Section 4503 of title 46, United States Code, is amended—
(1)
in subsection (a), by striking “ this section” and inserting “ this subsection”;
(2)
in subsection (b), by striking “ This section” and inserting “ Except as provided in subsection (d), subsection (a)”;
(3)
in subsection (c)—
(A)
by striking “ This section” and inserting “ (1) Except as provided in paragraph (2), subsection (a)”; and
(B)
by adding at the end the following:

“(2) Subsection (a) does not apply to a fishing vessel or fish tender vessel to which section 4502(b) of this title applies, if the vessel—

“(A) is at least 50 feet overall in length, and not more than 79 feet overall in length as listed on the vessel’s certificate of documentation or certificate of number; and

“(B)

(i) is built after the date of the enactment of the Coast Guard Authorization Act of 2015; and

“(ii) complies with—

“(I) the requirements described in subsection (e); or

“(II) the alternative requirements established by the Secretary under subsection (f).”

; and

(4)
by redesignating subsection (e) as subsection (g), and inserting after subsection (d) the following:

“(e) The requirements referred to in subsection (c)(2)(B)(ii)(I) are the following:

“(1) The vessel is designed by an individual licensed by a State as a naval architect or marine engineer, and the design incorporates standards equivalent to those prescribed by a classification society to which the Secretary has delegated authority under section 3316 or another qualified organization approved by the Secretary for purposes of this paragraph.

“(2) Construction of the vessel is overseen and certified as being in accordance with its design by a marine surveyor of an organization accepted by the Secretary.

“(3) The vessel—

“(A) completes a stability test performed by a qualified individual;

“(B) has written stability and loading instructions from a qualified individual that are provided to the owner or operator; and

“(C) has an assigned loading mark.

“(4) The vessel is not substantially altered without the review and approval of an individual licensed by a State as a naval architect or marine engineer before the beginning of such substantial alteration.

“(5) The vessel undergoes a condition survey at least twice in 5 years, not to exceed 3 years between surveys, to the satisfaction of a marine surveyor of an organization accepted by the Secretary.

“(6) The vessel undergoes an out-of-water survey at least once every 5 years to the satisfaction of a certified marine surveyor of an organization accepted by the Secretary.

“(7) Once every 5 years and at the time of a substantial alteration to such vessel, compliance of the vessel with the requirements of paragraph (3) is reviewed and updated as necessary.

“(8) For the life of the vessel, the owner of the vessel maintains records to demonstrate compliance with this subsection and makes such records readily available for inspection by an official authorized to enforce this chapter.

“(f)

(1) Not later than 10 years after the date of the enactment of the Coast Guard Authorization Act of 2015, the Secretary 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 that provides an analysis of the adequacy of the requirements under subsection (e) in maintaining the safety of the fishing vessels and fish tender vessels which are described in subsection (c)(2) and which comply with the requirements of subsection (e).

“(2) If the report required under this subsection includes a determination that the safety requirements under subsection (e) are not adequate or that additional safety measures are necessary, that the Secretary may establish an alternative safety compliance program for fishing vessels or fish tender vessels (or both) which are described in subsection (c)(2) and which comply with the requirements of subsection (e).

“(3) The alternative safety compliance program established under this subsection shall include requirements for—

“(A) vessel construction;

“(B) a vessel stability test;

“(C) vessel stability and loading instructions;

“(D) an assigned vessel loading mark;

“(E) a vessel condition survey at least twice in 5 years, not to exceed 3 years between surveys;

“(F) an out-of-water vessel survey at least once every 5 years;

“(G) maintenance of records to demonstrate compliance with the program, and the availability of such records for inspection; and

“(H) such other aspects of vessel safety as the Secretary considers appropriate.”

(b)
GAO Report on Commercial Fishing Vessel Safety.—
(1)
In general.— Not later than 12 months after the date of the enactment of this Act, the Comptroller General of the United States 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 commercial fishing vessel safety. The report shall include—
(A)
national and regional trends that can be identified with respect to rates of marine casualties, human injuries, and deaths aboard or involving fishing vessels greater than 79 feet in length that operate beyond the 3-nautical-mile demarcation line;
(B)
a comparison of United States regulations for classification of fishing vessels to those established by other countries, including the vessel length at which such regulations apply;
(C)
the additional costs imposed on vessel owners as a result of the requirement in section 4503(a) of title 46, United States Code, and how the those costs vary in relation to vessel size and from region to region;
(D)
savings that result from the application of the requirement in section 4503(a) of title 46, United States Code, including reductions in insurance rates or reduction in the number of fishing vessels or fish tender vessels lost to major safety casualties, nationally and regionally;
(E)
a national and regional comparison of the additional costs and safety benefits associated with fishing vessels or fish tender vessels that are built and maintained to class through a classification society to the additional costs and safety benefits associated with fishing vessels or fish tender vessels that are built to standards equivalent to classification society construction standards and maintained to standards equivalent to classification society standards with verification by independent surveyors; and
(F)
the impact on the cost of production and availability of qualified shipyards, nationally and regionally, resulting from the application of the requirement in section 4503(a) of title 46, United States Code.
(2)
Consultation requirement.— In preparing the report under paragraph (1), the Comptroller General shall—
(A)
consult with owners and operators of fishing vessels or fish tender vessels, classification societies, shipyards, the National Institute for Occupational Safety and Health, the National Transportation Safety Board, the Coast Guard, academics, naval architects, and marine safety nongovernmental organizations; and
(B)
obtain relevant data from the Coast Guard including data collected from enforcement actions, boardings, investigations of marine casualties, and serious marine incidents.
(3)
Treatment of data.— In preparing the report under paragraph (1), the Comptroller General shall—
(A)
disaggregate data regionally for each of the regions managed by the regional fishery management councils established under section 302 of the Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1852), the Atlantic States Marine Fisheries Commission, the Pacific States Marine Fisheries Commission, and the Gulf States Marine Fisheries Commission; and
(B)
include qualitative data on the types of fishing vessels or fish tender vessels included in the report.

SEC. 319. Interagency Coordinating Committee on Oil Pollution Research.

(a)
In General.— Section 7001(a)(3) of the Oil Pollution Act of 1990 (33 U.S.C. 2761(a)(3)) is amended—
(1)
by striking “ Minerals Management Service” and inserting “ Bureau of Safety and Environmental Enforcement, the Bureau of Ocean Energy Management,”; and
(2)
by inserting “ the United States Arctic Research Commission,” after “ National Aeronautics and Space Administration,”.
(b)
Technical Amendments.— Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is amended—
(1)
in subsection (b)(2), in the matter preceding subparagraph (A), by striking “ Department of Transportation” and inserting “ department in which the Coast Guard is operating”; and
(2)
in subsection (c)(8)(A), by striking “ (1989)” and inserting “ (2010)”.

SEC. 320. International Port and Facility Inspection Coordination.

Section 825(a) of the Coast Guard Authorization Act of 2010 (6 U.S.C. 945 note; Public Law 111–281) is amended in the matter preceding paragraph (1)—
(1)
by striking “ the department in which the Coast Guard is operating” and inserting “ Homeland Security”; and
(2)
by striking “ they are integrated and conducted by the Coast Guard” and inserting “ the assessments are coordinated between the Coast Guard and Customs and Border Protection”.