Union Calendar No. 91
118th CONGRESS 1st Session |
[Report No. 118–119]
To authorize and amend authorities, programs, and statutes administered by the Coast Guard.
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]
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,
(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.
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.
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.
Sec. 301. Merchant seamen licenses, certificates, and documents; manning of vessels.
Sec. 311. Definitions.
Sec. 312. Notification.
Sec. 313. Publication of fines and penalties.
Sec. 321. Revising merchant mariner deck training requirements.
Sec. 322. Technical amendments.
Sec. 323. Renewal of merchant mariner licenses and documents.
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.
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.
Sec. 401. Vessel response plans.
Sec. 402. Use of marine casualty investigations.
Sec. 403. Timing of review.
Sec. 501. Technical and conforming amendments.
In this Act, the term “Commandant” means the Commandant of the Coast Guard.
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)—
(3) in paragraph (2)—
(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.”.
(a) In general.—Of the amounts authorized to be appropriated under section 4902(2)(A) of title 14, United States Code—
(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—
(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.
Of the amounts authorized to be appropriated under section 4902(2)(A) of title 14, United States Code, for fiscal year 2024—
(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;
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—
Section 4502 of title 46, United States Code, is amended—
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).”.
(a) Waterfront safety.—Section 70011(a) of title 46, United States Code, is amended—
(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—
(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).”.
Section 903(d)(1) of title 14, United States Code, is amended by striking “$1,500,000” and inserting “$2,000,000”.
(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—
(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;
(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;
(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;
(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;
(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.
(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—
(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—
(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—
(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:
(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).
(a) In general.—Subchapter II of chapter 11 of title 14, United States Code, is amended by adding at the end the following:
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).
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.
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;
(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;
(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;
(3) amended—
(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:
(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.
(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—
(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).
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.
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.
(a) Citizenship or noncitizen nationality.—
(1) IN GENERAL.—Section 7102 of title 46, United States Code, is amended—
(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—
(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—
(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”.
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).
(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.
(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.
(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—
(a) General definitions.—Section 2101 of title 46, United States Code, is amended—
(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:
“§ 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:
“(b) Classification of credentials.—The Secretary may classify the merchant mariner credential issued under subsection (a) based on—
(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”.
(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).
(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”.
Section 7507 of title 46, United States Code, is amended by adding at the end the following:
Section 2302(b) of title 46, United States Code, is amended to read as follows:
(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);
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)—
(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).”.
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”;
(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;
Section 12111(d)(1) of title 46, United States Code, is amended—
(a) In general.—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
“(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:
(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.”.
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”;
(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))”.
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”.
(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.”.
(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:
“§ 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—
“(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
“(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.—
“(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—
“(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.
(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.
(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—
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—
“(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.”.
Section 6308 of title 46, United States Code, is amended—
(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).”.
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.”.
(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—
(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 | |||||
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[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 |