118th CONGRESS 1st Session |
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
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,
(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.
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. Uniform funding and management system.
Sec. 205. Tsunami evacuation plans.
Sec. 206. Study on Bering Strait vessel traffic projections and emergency response posture at the Port of Point Spencer, Alaska.
Sec. 207. Service life extension programs.
Sec. 208. Underwater inspections brief.
Sec. 209. St. Lucie River railroad bridge.
Sec. 301. Merchant seamen licenses, certificates, and documents; manning of vessels.
Sec. 311. Revising merchant mariner deck training requirements.
Sec. 312. Technical amendments.
Sec. 313. Renewal of merchant mariner licenses and documents.
Sec. 321. Grossly negligent operations of a vessel.
Sec. 322. Administrative procedure for security risks.
Sec. 323. Requirements for DUKW amphibious passenger vessels.
Sec. 331. Anchor handling activities.
Sec. 332. Establishment of a national advisory committee on autonomous maritime systems.
Sec. 333. Controlled substance onboard vessels.
Sec. 334. Nonoperating individual.
Sec. 335. Information on type approval certificates.
Sec. 336. Manning and crewing requirements for certain vessels, vehicles, and structures.
Sec. 401. 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”;
(A) in subparagraph (A) by striking clauses (i) and (ii) and inserting the following:
“(i) $10,750,000,000 for fiscal year 2024; and
“(ii) $11,287,500,000 for fiscal year 2025.”;
(B) in subparagraph (B) by striking “$23,456,000” and inserting “$24,353,000”; and
(C) in subparagraph (C) by striking “$24,353,000” and inserting “$25,570,000”;
(A) in subparagraph (A) by striking clauses (i) and (ii) and inserting the following:
“(i) $3,477,600,000 for fiscal year 2024; and
“(ii) $3,477,600,000 for fiscal year 2025.”; 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:
(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 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—
(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.—In addition to the amounts authorized under subsection (a)(2)—
(1) for the purposes of improvements to facilities at the United States Coast Guard Training Center Cape May in Cape May, New Jersey—
(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 the expansion project of Coast Guard Base Seattle 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—
(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) $30,500,000 is authorized for the program management, design, and acquisition of Pacific Northwest heavy weather boats that are at least as capable as the Coast Guard 52-foot motor surfboat;
(5) $138,500,000 is authorized for the acquisition or procurement of 1 missionized HC–130J aircraft; and
(6) $113,000,000 is authorized to outfit and assemble 4 MH–60T Jayhawk aircraft.
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.
Section 4502 of title 46, United States Code, is amended—
(1) in subsection (i)(4) by striking “fiscal year 2023” and inserting “fiscal years 2024 through 2025”; and
(2) in subsection (j)(4) by striking “fiscal year 2023” and inserting “fiscal years 2024 through 2025”.
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”.
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—
(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,”.
Section 903(d)(1) of title 14, United States Code, is amended by striking “$1,500,000” and inserting “$2,000,000”.
(a) In general.—Subchapter II of chapter 9 of title 14, United States Code, is amended by adding at the end the following:
Ҥ 955. Contracts to provide or obtain goods and services
“(a) Authority for uniform funding and management.—
“(1) IN GENERAL.—The Commandant may designate funds appropriated to the Coast Guard and available for morale, well-being, and recreation programs and the Coast Guard Exchange System as nonappropriated funds and expended in accordance with laws applicable to the expenditures of non-appropriated funds.
“(2) AVAILABILITY OF FUNDS.—Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain available until expended.
“(b) Conditions on availability.—Funds appropriated to the Coast Guard may be made available to support morale, well-being, or recreation programs and the Coast Guard Exchange System only in amounts the Commandant deems appropriate and consistent with readiness and resources.”.
(b) Clerical amendment.—The analysis for chapter 9 of such title is amended by inserting after the item relating to section 954 the following:
“955. Contracts to provide or obtain goods and services.”.
(c) Transfer of section text.—
(1) REDESIGNATION.—Section 955 of title 14, United States Code, (as added by subsection (a)) is amended by redesignating subsections (a) and (b) as subsection (b) and (c), respectively.
(2) TRANSFER.—The section text of section 713 of title 14, United States Code, is transferred to appear as subsection (a) of section 955 of such title.
(3) SUBSECTION HEADING.—Section 955(a) is amended by striking “The Coast Guard Exchange System,” and inserting “In general.—The Coast Guard Exchange System,”.
(d) Effective date.—This section and the amendments made by this section shall take effect on the date of enactment of an Act providing appropriations for the Department of Homeland Security that is enacted after the date of enactment of this Act.
(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.
(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).
(a) In general.—Subchapter II of chapter 11 of title 14, United States Code, is amended by adding at the end the following:
Ҥ 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.”.
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 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 deviation, the Commandant of the Coast Guard shall conduct an independent boat traffic study at mile 7.4 of the St. Lucie River.
(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 and Navy Reserve requirements.—
(1) IN GENERAL.—Section 8103 of title 46, United States Code, is amended—
(A) in the section heading by inserting “or noncitizen nationality” after “Citizenship”;
(B) in subsection (a) by inserting “or noncitizen national” after “citizen”;
(i) in paragraph (1)(A)(i) by inserting “or noncitizen national” after “citizen”;
(ii) in paragraph (3) by inserting “or noncitizen nationality” after “citizenship”; and
(iii) in paragraph (3)(C) by inserting “or noncitizen nationals” after “citizens” each place it appears;
(D) in subsection (c) by inserting “or noncitizen nationals” after “citizens”;
(i) in paragraph (1) by inserting “or noncitizen nationals” after “citizens”; and
(ii) in paragraph (2) by inserting “or noncitizen national” after “citizen” each place it appears;
(F) in subsection (e) by inserting “or noncitizen national” after “citizen” each place it appears;
(G) in subsection (i)(1)(A) by inserting “or noncitizen national” after “citizen”;
(H) in subsection (k)(1)(A) by inserting “or noncitizen national” after “citizen”; and
(I) by adding at the end the following:
“(l) Noncitizen national defined.—In this section, the term ‘noncitizen national’ means an individual described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408).”.
(2) CLERICAL AMENDMENT.—The analysis for chapter 81 of title 46, United States Code, is amended by striking the item relating to section 8103 and inserting the following:
“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”.
(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:
Ҥ 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.”;
(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).
(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) General requirements and classifications for able seafarers.—
(1) IN GENERAL.—The section heading for section 7306 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 amended in the item relating to section 7306 by striking “seamen” and inserting “seafarers”.
(c) 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”.
(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”.
(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”.
(f) 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”.
(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”.
(h) 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”.
(i) 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.
(j) 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”.
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.”.
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.”.
(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;
(2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
(3) by striking “an individual if—” and inserting the following: “an individual—
“(A) if—”;
(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”.
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”;
(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 (or a successor regulation).”.
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 any 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 any vessel engaged in the launch, recovery, or support of commercial space transportation or space exploration activities” after “drilling unit”.
(a) In general.—Chapter 151 of title 46, United States Code, is amended by adding at the end the following:
Ҥ 15110. Establishment of a national advisory committee on autonomous maritime systems
“(a) Establishment.—There is established a National Autonomous Maritime Systems Advisory Committee (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.
“(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.”.
(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).
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))”.
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:
Ҥ 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.
“(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.”.
(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.
(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.”.
(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) 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)”.
(c) 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)”.