[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2741 Reported in House (RH)]
<DOC>
Union Calendar No. 91
118th CONGRESS
1st Session
H. R. 2741
[Report No. 118-119]
To authorize and amend authorities, programs, and statutes administered
by the Coast Guard.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2023
Mr. Graves of Missouri (for himself, Mr. Larsen of Washington, Mr.
Webster of Florida, and Mr. Carbajal) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
June 27, 2023
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on April
20, 2023]
_______________________________________________________________________
A BILL
To authorize and amend authorities, programs, and statutes administered
by the Coast Guard.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Coast Guard
Authorization Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Commandant defined.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Shoreside infrastructure and facilities and information
technology.
Sec. 103. Availability of amounts for acquisition of additional vessels
and aircraft.
Sec. 104. Authorization for certain programs and services.
Sec. 105. Fishing vessel safety.
Sec. 106. Authorized levels of military strength and training.
TITLE II--COAST GUARD
Sec. 201. Prohibition on use of lead systems integrators.
Sec. 202. Ports and waterways safety.
Sec. 203. Minor construction increase.
Sec. 204. Tsunami evacuation plans.
Sec. 205. Study on Bering Strait vessel traffic projections and
emergency response posture at the Port of
Point Spencer, Alaska.
Sec. 206. Service life extension programs.
Sec. 207. Underwater inspections brief.
Sec. 208. St. Lucie River railroad bridge.
Sec. 209. Online incident reporting system.
Sec. 210. Maritime Domain Awareness in Coast Guard Sector for Puerto
Rico and Virgin Islands.
Sec. 211. Public availability of information on monthly drug and
migrant interdictions.
Sec. 212. Report on establishment of an unmanned systems capabilities
office.
Sec. 213. Rulemaking regarding port access routes.
Sec. 214. Great Lakes icebreaker.
TITLE III-- MARITIME
Subtitle A-- American Samoa Mariners Act of 2023
Sec. 301. Merchant seamen licenses, certificates, and documents;
manning of vessels.
Subtitle B--Vessel Operations
Sec. 311. Definitions.
Sec. 312. Notification.
Sec. 313. Publication of fines and penalties.
Subtitle C--Merchant Mariner Credentialing
Sec. 321. Revising merchant mariner deck training requirements.
Sec. 322. Technical amendments.
Sec. 323. Renewal of merchant mariner licenses and documents.
Subtitle D--Vessel Safety
Sec. 331. Grossly negligent operations of a vessel.
Sec. 332. Administrative procedure for security risks.
Sec. 333. Requirements for DUKW amphibious passenger vessels.
Sec. 334. Inspection and examination.
Subtitle E--Other Matters
Sec. 341. Anchor handling activities.
Sec. 342. Establishment of a national advisory committee on autonomous
maritime systems.
Sec. 343. Controlled substance onboard vessels.
Sec. 344. Nonoperating individual.
Sec. 345. Information on type approval certificates.
Sec. 346. Manning and crewing requirements for certain vessels,
vehicles, and structures.
Sec. 347. Classification societies.
TITLE IV--OIL POLLUTION INCIDENT LIABILITY
Sec. 401. Vessel response plans.
Sec. 402. Use of marine casualty investigations.
Sec. 403. Timing of review.
TITLE V--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 501. Technical and conforming amendments.
SEC. 2. COMMANDANT DEFINED.
In this Act, the term ``Commandant'' means the Commandant of the
Coast Guard.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
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'';
(2) in paragraph (1)--
(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'';
(3) in paragraph (2)--
(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.''; and
(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.''; and
(5) by striking paragraph (4) and inserting the following:
``(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,
$1,147,244,000 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) Information Technology 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) Shoreside Infrastructure.--Of the amounts authorized to be
appropriated under 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) for fiscal year 2024, $130,000,000 is authorized to
fund Phase I of 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) $55,000,000 is authorized for the acquisition of a
Great Lakes icebreaker at least as capable as Coast Guard
Cutter Mackinaw (WLBB-30);
(4) $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) $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;
(6) $138,500,000 is authorized for the acquisition or
procurement of 1 missionized HC-130J aircraft; and
(7) $113,000,000 is authorized to outfit and assemble 4 MH-
60T Jayhawk aircraft.
SEC. 104. AUTHORIZATION FOR CERTAIN PROGRAMS AND SERVICES.
Of the amounts authorized to be appropriated under section
4902(1)(A) of title 14, United States Code, for each of fiscal years
2024 and 2025--
(1) $11,978,000 is authorized to fund additional recruiting
personnel and offices for the Coast Guard Recruiting Command;
and
(2) $9,000,000 is authorized to enhance Coast Guard
recruiting capabilities.
SEC. 105. FISHING VESSEL SAFETY.
Section 4502 of title 46, United States Code, is amended--
(1) in subsection (i) by striking paragraph (4) and
inserting the following:
``(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.''; and
(2) in subsection (j) by striking paragraph (4) and
inserting the following:
``(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. 106. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a) by striking ``fiscal years 2022 and
2023'' and inserting ``fiscal years 2024 and 2025''; and
(2) in subsection (b) by striking ``fiscal years 2022 and
2023'' and inserting ``fiscal years 2024 and 2025''.
TITLE II--COAST GUARD
SEC. 201. PROHIBITION ON USE OF LEAD SYSTEMS INTEGRATORS.
Section 1105 of title 14, United States Code, is amended by adding
at the end the following:
``(c) Definition.--In this section, the term `lead systems
integrator' has the meaning given such term in section 805(c) of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163).''.
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) Facility Visit by State Sponsor of Terrorism.--Section 70011(b)
of title 46, United States Code, is amended--
(1) in paragraph (3) by striking ``and'' at the end;
(2) in paragraph (4) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(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. 203. MINOR CONSTRUCTION INCREASE.
Section 903(d)(1) of title 14, United States Code, is amended by
striking ``$1,500,000'' and inserting ``$2,000,000''.
SEC. 204. TSUNAMI EVACUATION PLANS.
(a) Tsunami Evacuation Plans.--
(1) 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) 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) that are located inside a tsunami inundation
zone.
(2) Evacuation plans.--In establishing the evacuation plans
under paragraph (1), the Commandant shall ensure that such
plans--
(A) are included in the emergency action plans for
each unit or sector located inside of a tsunami
inundation zone;
(B) designate an evacuation route to an assembly
area located outside of a tsunami inundation zone;
(C) include a map or diagram of all tsunami
inundation zone evacuation routes;
(D) include evacuation routes for all Coast Guard
personnel and dependents of such personnel living in
Coast Guard housing;
(E) are feasible for all servicemembers and
dependents of such servicemembers present on Coast
Guard property or living in Coast Guard provided
housing;
(F) include procedures to begin evacuations once a
major seismic event is detected;
(G) include evacuation plans for air and water
assets that do not impinge on the safety of human life;
(H) 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) are able to be completely executed by
servicemembers on foot from any location within the
tsunami inundation zone;
(J) are exercised biennially by each unit and
sector located in a tsunami inundation zone; and
(K) are evaluated by leadership at each unit and
sector located in a tsunami inundation zone annually.
(3) Consultation.--In establishing the evacuation plans
under paragraph (1), the Commandant shall consult local
governments.
(b) Report.--Not later than 2 years 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,
and provide a briefing to each such Committee on, a report on--
(1) the status of the implementation and feasibility of the
plans established under subsection (a)(1);
(2) a risk evaluation and vulnerability assessment of the
infrastructure and assets located within tsunami inundation
zones;
(3) 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) 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) Definitions.--In this section:
(1) 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) 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) 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. 205. STUDY ON BERING STRAIT VESSEL TRAFFIC PROJECTIONS AND
EMERGENCY RESPONSE POSTURE AT THE PORT OF POINT SPENCER,
ALASKA.
(a) 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--
(1) 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) 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) Elements.--The study required under subsection (a) shall
include the following:
(1) 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) the sizes, ages, and flag states of vessels;
and
(B) the oil and product tankers that are--
(i) in transit to or from Russia or China;
or
(ii) owned or operated by a Russian or
Chinese entity.
(2) 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) 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) 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) 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) Consultation.--In conducting the study required under
subsection (a), the Board shall consult with--
(1) the Department of Transportation;
(2) the Corps of Engineers;
(3) the National Transportation Safety Board;
(4) relevant ministries of the government of Canada;
(5) the Port Coordination Council for the Port of Point
Spencer; and
(6) non-government entities with relevant expertise in
monitoring and characterizing vessel traffic in the Arctic.
(d) 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) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) Committee on Transportation and Infrastructure
of the House of Representatives.
(2) 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) 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. 206. SERVICE LIFE EXTENSION PROGRAMS.
(a) In General.--Subchapter II of chapter 11 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 1138. Service life extension programs
``(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.
``(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) Clerical Amendment.--The analysis for chapter 11 of such title
is amended by inserting after the item relating to section 1137 the
following:
``1138. Service life extension programs.''.
SEC. 207. UNDERWATER INSPECTIONS BRIEF.
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).
SEC. 208. ST. LUCIE RIVER RAILROAD BRIDGE.
Regarding Docket Number USCG-2022-0222, before adopting a final
rule, the Commandant of the Coast Guard shall conduct an independent
boat traffic study at mile 7.4 of the St. Lucie River.
SEC. 209. ONLINE INCIDENT REPORTING SYSTEM.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the National Response Center shall--
(1) 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) 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) 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.
SEC. 210. MARITIME DOMAIN AWARENESS IN COAST GUARD SECTOR FOR PUERTO
RICO AND VIRGIN ISLANDS.
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) 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) the average volume of known maritime traffic
that transited the area during fiscal years 2020
through 2023;
(B) current sensor platforms deployed by such
sector to monitor illicit activity occurring at sea in
such area;
(C) the number of illicit activity incidents at sea
in such area that the sector responded to during fiscal
years 2020 through 2023;
(D) 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) the maritime domain awareness requirements to
effectively meet the mission of such sector;
(2) 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) 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) an identification of current technology and assets the
Coast Guard has to mitigate the gaps identified in paragraph
(3);
(5) 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) 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) 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.
(a) In General.--Section 11269 of the Don Young Coast Guard
Authorization Act of 2022 (Public Law 117-263) is--
(1) transferred to appear at the end of subchapter II of
chapter 5 of title 14, United States Code;
(2) redesignated as section 529; and
(3) amended--
(A) by striking the section enumerator and heading
and inserting the following:
``Sec. 529. Public availability of information on monthly drug and
migrant interdictions'';
(B) by striking ``Not later than'' and inserting
the following:
``(a) In General.--Not later than'';
(C) by inserting ``drug and'' before ``migrant
interdictions''; and
(D) by adding at the end the following:
``(b) Contents.--In making information about interdictions publicly
available under subsection (a), the Commandant shall include a
description of the following:
``(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.
``(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) Clerical Amendments.--
(1) The analysis for chapter 5 of title 14, United States
Code, is amended by inserting after the item relating to
section 528 the following:
``529. Public availability of information on monthly drug and migrant
interdictions.''.
(2) 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.
(a) 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) Contents.--The report required under subsection (a) shall
include the following:
(1) A management strategy for the acquisition, development,
and deployment of unmanned system and counter-unmanned system
technologies.
(2) A service-wide coordination strategy to synchronize and
integrate efforts across the Coast Guard in order to--
(A) support the primary duties of the Coast Guard
pursuant to section 102 of title 14, United States
Code; and
(B) 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) The identification of contracting and acquisition
authorities needed to expedite the development and deployment
of unmanned system and counter-unmanned system technologies.
(4) A detailed list of commercially available unmanned
system and counter-unmanned system technologies with
capabilities determined to be useful for the Coast Guard.
(5) 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) Opportunities to obtain and share unmanned system data
from government and commercial sources to improve maritime
domain awareness.
(7) 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) Definitions.--In this section:
(1) 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) 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.
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.
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.
TITLE III-- MARITIME
Subtitle A-- American Samoa Mariners Act of 2023
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:
``7102. Citizenship or noncitizen nationality.''.
(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:
``7304. Citizenship or nationalization notation on merchant mariners'
documents.''.
(c) Citizenship or Noncitizen 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'';
(C) in subsection (b)--
(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) in paragraph (3)(C) by inserting ``or
noncitizen nationals'' after ``citizens'';
(D) in subsection (c) by inserting ``or noncitizen
nationals'' after ``citizens'';
(E) in subsection (d)--
(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:
``8103. Citizenship or noncitizen nationality and Navy Reserve
requirements.''.
(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''.
Subtitle B--Vessel Operations
SEC. 311. DEFINITIONS.
In this subtitle:
(1) Outer continental shelf.--The term ``outer Continental
Shelf'' has the meaning given such term in section 2 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331).
(2) 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).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security, acting through the Commissioner of U.S.
Customs and Border Protection.
SEC. 312. NOTIFICATION.
(a) Advance Notification Required.--Prior to engaging in any
activity or operations on the outer Continental Shelf, the operator of
a foreign vessel used in such activity or operations shall file with
the Secretary a notification describing all activities and operations
to be performed on the outer Continental Shelf and 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) Publication of Notices.--
(1) Publication.--The Secretary shall publish a
notification under subsection (a) in the Customs Bulletin and
Decisions within 14 days of receipt of such notification.
(2) Confidential information.--The Secretary shall redact
any information exempt from disclosure under section 552 of
title 5, United States Code, in a notification published under
paragraph (1).
SEC. 313. PUBLICATION OF FINES AND PENALTIES.
(a) In General.--Section 55102 of title 46, United States Code, is
amended by adding at the end the following:
``(d) Publication of Penalty.--
``(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.
``(2) Contents.--A pre-penalty notice or penalty
notification published under paragraph (1) shall include--
``(A) the name and the International Maritime
Organization identification number of the vessel that
is the subject of the penalty;
``(B) the name of the owner of the vessel that is
the subject of the penalty;
``(C) the amount of the fine or value of
merchandise seized; and
``(D) a summary of the alleged misconduct and
justification for imposing a penalty.''.
(b) 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) 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) any changes to existing regulations relating to
penalties issued by the Secretary.
Subtitle C--Merchant Mariner Credentialing
SEC. 321. REVISING MERCHANT MARINER DECK TRAINING REQUIREMENTS.
(a) General Definitions.--Section 2101 of title 46, United States
Code, is amended--
(1) by redesignating paragraphs (20) through (56) as
paragraphs (21) through (57), respectively; and
(2) by inserting after paragraph (19) the following:
``(20) `merchant mariner credential' means a merchant
mariner license, certificate, or document that the Secretary is
authorized to issue pursuant to this title.''.
(b) Examinations.--Section 7116 of title 46, United States Code, is
amended by striking subsection (c).
(c) Merchant Mariners Documents.--
(1) General requirements.--Section 7306 of title 46, United
States Code, is amended to read as follows:
``Sec. 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.''.
(2) 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:
``7306. General requirements and classifications for members of deck
departments.''.
(3) Able seamen-unlimited.--Section 7307 of title 46,
United States Code, is amended by striking ``3 years''' and
inserting ``18 months'''.
(4) Able seamen-limited.--Section 7308 of title 46, United
States Code, is amended by striking ``18 months''' and
inserting ``12 months'''.
(5) General requirements for members of engine
departments.--Section 7313(b) of title 46, United States Code,
is amended by striking ``and coal passer''.
(6) Training.--Section 7315 of title 46, United States
Code, is amended--
(A) by amending subsection (a) to read as follows:
``(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) in subsection (b)--
(i) by striking ``one-third'' and inserting
``one-half''; and
(ii) by striking ``7307-7311 of this
title'' and inserting ``7307-7312 and 7314'';
and
(C) by striking subsection (c).
(d) Merchant Mariner Credentials.--Section 7510 of title 46, United
States Code, is amended by striking subsection (d).
(e) 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).
SEC. 322. TECHNICAL AMENDMENTS.
(a) In General.--The heading for part E of subtitle II of title 46,
United States Code, is amended by striking ``merchant seamen licenses,
certificates, and documents'' and inserting ``merchant mariner
credentials''.
(b) Able Seafarers--Unlimited.--
(1) In general.--The section heading for section 7307 of
title 46, United States Code, is amended by striking ``seamen''
and inserting ``seafarers''.
(2) 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) Able Seamen--Limited.--
(1) In general.--The section heading for section 7308 of
title 46, United States Code, is amended by striking ``seamen''
and inserting ``seafarers''.
(2) 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) Able Seafarers--Special.--
(1) In general.--The section heading for section 7309 of
title 46, United States Code, is amended by striking ``seamen''
and inserting ``seafarers''.
(2) 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) Able Seafarers--Offshore Supply Vessels.--
(1) In general.--The section heading for section 7310 of
title 46, United States Code, is amended by striking ``seamen''
and inserting ``seafarers''.
(2) 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) Able Seafarers--Sail.--
(1) In general.--The section heading for section 7311 of
title 46, United States Code, is amended by striking ``seamen''
and inserting ``seafarers''.
(2) 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) Able Seamen--Fishing Industry.--
(1) In general.--The section heading for section 7311a of
title 46, United States Code, is amended by striking ``seamen''
and inserting ``seafarers''.
(2) 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) Parts E and F.--Parts E and F of subtitle II of title 46,
United States Code, is amended--
(1) by striking ``seaman'' and inserting ``seafarer'' each
place it appears; and
(2) by striking ``seamen'' and inserting ``seafarers'' each
place it appears.
(i) Clerical Amendments.--The analysis for subtitle II of title 46,
United States Code, is amended--
(1) in the item relating to subtitle II by striking
``Seamen'' and inserting ``Seafarer''; and
(2) in the item relating to part E by striking ``merchant
seamen licenses, certificates, and documents'' and inserting
``merchant mariner credentials''.
SEC. 323. RENEWAL OF MERCHANT MARINER LICENSES AND DOCUMENTS.
Section 7507 of title 46, United States Code, is amended by adding
at the end the following:
``(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.''.
Subtitle D--Vessel Safety
SEC. 331. GROSSLY NEGLIGENT OPERATIONS OF A VESSEL.
Section 2302(b) of title 46, United States Code, is amended to read
as follows:
``(b) Grossly Negligent Operation.--
``(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.
``(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--
``(A) commits a class E felony; and
``(B) may be assessed a civil penalty of not more
than $35,000.''.
SEC. 332. ADMINISTRATIVE PROCEDURE FOR SECURITY RISKS.
(a) Security Risk.--Section 7702(d)(1) of title 46, United States
Code, is amended--
(1) in subparagraph (B) by redesignating clauses (i)
through (iv) as subclauses (I) through (IV), respectively (and
by conforming the margins accordingly);
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively (and by conforming the margins
accordingly);
(3) by striking ``an individual if--'' and inserting the
following: ``an individual--
``(A) if--''; and
(4) in subparagraph (A)(ii)(IV), as so redesignated, by
striking the period at the end and inserting ``; or''; and
(5) by adding at the end the following:
``(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) Technical Amendment.--Section 2101(47)(B) of title 46, United
States Code (as so redesignated), is amended by striking ``; and'' and
inserting ``; or''.
SEC. 333. REQUIREMENTS FOR DUKW AMPHIBIOUS PASSENGER VESSELS.
Section 11502 of the James H. Inhofe National Defense Authorization
Act for Fiscal Year 2023 (Public Law 117-263) is amended--
(1) in the section header by striking ``dukw amphibious
passenger vessels'' and inserting ``commercial amphibious small
passenger vessels'';
(2) by striking ``DUKW amphibious passenger vessel'' each
place it appears and inserting ``commercial amphibious small
passenger vessel'';
(3) by striking ``DUKW amphibious passenger vessels'' each
place it appears and inserting ``commercial amphibious small
passenger vessels'';
(4) in subsection (h)--
(A) 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) by striking paragraph (2); and
(5) by adding at the end the following:
``(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.
Section 3714 of title 46, United States Code, is amended--
(1) in subsection (a)(1) by striking ``The Secretary'' and
inserting ``Except as provided in subsection (c), the
Secretary'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c)(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.
``(2) The Secretary may not adopt a risk-based examination schedule
under paragraph (1) until the Secretary has--
``(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);
``(B) conducted the assessment recommended in the
Government Accountability Office report 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.''.
Subtitle E--Other Matters
SEC. 341. ANCHOR HANDLING ACTIVITIES.
Section 12111(d)(1) of title 46, United States Code, is amended--
(1) 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) 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.
(a) In General.--Chapter 151 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 15110. Establishment of a national advisory committee on
autonomous maritime systems
``(a) Establishment.--There is established a National Advisory
Committee on Autonomous Maritime Systems (in this section referred to
as the `Committee').
``(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.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 8 members
appointed by the Secretary in accordance with this section and
section 15109.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Each of the following groups shall
be represented by at least 1 member on the Committee:
``(A) Marine safety or security entities.
``(B) Vessel design and construction entities.
``(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.
``(D) Port districts, authorities, or terminal
operators.
``(E) Vessel operators.
``(F) National labor unions representing merchant
mariners.
``(G) Maritime pilots.
``(H) Commercial space transportation operators.
``(I) Academic institutions.''.
(b) Clerical Amendments.--The analysis for chapter 151 of title 46,
United States Code, is amended by adding at the end the following:
``15110. Establishment of a national advisory committee on autonomous
maritime systems.''.
(c) 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.
Section 70503(a) of title 46, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking
``While on board a covered vessel, an individual'' and
inserting ``An individual'';
(2) by amending paragraph (1) to read as follows:
``(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;''; and
(3) 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.
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.
(a) 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:
``SEC. 904. INFORMATION ON TYPE APPROVAL CERTIFICATES.
``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) 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. 904. Information on type approval certificates.''.
SEC. 346. MANNING AND CREWING REQUIREMENTS FOR CERTAIN VESSELS,
VEHICLES, AND STRUCTURES.
(a) 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:
``Sec. 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--
``(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
``(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.''.
(b) Annual Report.--
(1) 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) Contents.--The report under paragraph (1) shall
include, for each covered facility--
(A) the name and International Maritime
Organization number;
(B) the nation in which the covered facility is
documented;
(C) the nationality of owner or owners; and
(D) 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) 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) Existing Exemptions.--
(1) 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) 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) shall not be effective after such period.
(2) 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) Clerical Amendment.--The analysis for chapter 81 of the title
46, United States Code, is amended by adding at the end the following:
``8109. Exemptions from manning and crew requirements.''.
SEC. 347. CLASSIFICATION SOCIETIES.
Section 3316(d) of title 46, United States Code, is amended--
(1) by amending paragraph (2)(B)(i) to read as follows:
``(i) the government of the foreign country in which the
foreign society is headquartered--
``(I) delegates that authority to the American
Bureau of Shipping; or
``(II) does not delegate that authority to any
classification society; or''; and
(2) by adding at the end the following:
``(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.''.
TITLE IV--OIL POLLUTION INCIDENT LIABILITY
SEC. 401. VESSEL RESPONSE PLANS.
Section 311(j)(6) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)(6)) is amended to read as follows:
``(6) Equipment requirements, verification, and
inspection.--The President may require--
``(A) periodic inspection of containment booms,
skimmers, vessels, and other major equipment used to
remove discharges;
``(B) periodic inspection of vessels, salvage and
marine firefighting equipment, and other major
equipment used to respond to vessel casualties and
prevent discharges;
``(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--
``(i) drills, with or without prior notice;
``(ii) review of contracts and relevant
third-party agreements;
``(iii) testing of equipment;
``(iv) review of training; and
``(v) other evaluations of response
capabilities, as determined appropriate by the
President; and
``(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.''.
SEC. 402. USE OF MARINE CASUALTY INVESTIGATIONS.
Section 6308 of title 46, United States Code, is amended--
(1) in subsection (a) by striking ``initiated'' and
inserting ``conducted''; and
(2) by adding at the end the following:
``(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.
Section 1017 of the Oil Pollution Act of 1990 (33 U.S.C. 2717) is
amended by adding at the end the following:
``(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.''.
TITLE V--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
SEC. 501. TECHNICAL AND CONFORMING AMENDMENTS.
(a) 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) Port, Harbor, and Coastal Facility Security.--Section 70116(b)
of title 46, United States Code, is amended--
(1) in paragraph (1) by striking ``terrorism cyber'' and
inserting ``terrorism, cyber''; and
(2) in paragraph (2) by inserting a comma after ``acts of
terrorism''.
(c) Enforcement by State and Local Officers.--Section 70118(a) of
title 46, United States Code, is amended--
(1) 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) by striking ``section 7(b) of the Ports and Waterways
Safety Act (33 U.S.C. 1226(b))'' and inserting ``section
70116(b)''.
(d) Chapter 701 Definitions.--Section 70131(2) of title 46, United
States Code, is amended--
(1) 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) by striking ``section 7(b) of the Ports and Waterways
Safety Act (33 U.S.C. 1226(b))'' and inserting ``section
70116(b)''.
Union Calendar No. 91
118th CONGRESS
1st Session
H. R. 2741
[Report No. 118-119]
_______________________________________________________________________
A BILL
To authorize and amend authorities, programs, and statutes administered
by the Coast Guard.
_______________________________________________________________________
June 27, 2023
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed