Union Calendar No. 411
118th CONGRESS 2d Session |
[Report No. 118–495]
To authorize and amend authorities, programs, and statutes administered by the Coast Guard.
March 13, 2024
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
May 8, 2024
Additional sponsor: Mrs. González-Colón
May 8, 2024
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 March 13, 2024]
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. Authorized levels of military strength and training.
Sec. 201. Prohibition on use of lead systems integrators.
Sec. 202. Minor construction increase.
Sec. 203. Tsunami evacuation plans.
Sec. 204. Service life extension programs.
Sec. 205. Maritime domain awareness in Coast Guard sector for Puerto Rico and Virgin Islands.
Sec. 206. Public availability of information on monthly drug and migrant interdictions.
Sec. 207. Report on establishment of unmanned systems capabilities office.
Sec. 208. Great Lakes icebreaker.
Sec. 209. Consideration of life-cycle cost estimates for acquisition and procurement.
Sec. 210. Authorization of certain support for Coast Guard Academy foundations.
Sec. 211. National Coast Guard Museum.
Sec. 212. Regular Polar Security Cutter updates.
Sec. 213. Technology pilot program.
Sec. 214. Report on condition of Missouri River dayboards.
Sec. 215. Delegation of ports and waterways safety authorities in St. Lawrence seaway.
Sec. 216. Study on Coast Guard missions.
Sec. 217. Additional Pribilof Island transition completion actions.
Sec. 221. Direct hire authority for civilian faculty at the Coast Guard Academy.
Sec. 222. Temporary exemption from authorized end strength for Coast Guard enlisted members on active duty.
Sec. 223. Additional available guidance and considerations for reserve selection boards.
Sec. 224. Parental leave parity for members of certain reserve components of Coast Guard.
Sec. 225. Authorization for maternity uniform allowance for officers.
Sec. 226. Report on GAO recommendations on housing program.
Sec. 301. Definitions.
Sec. 302. Notification.
Sec. 303. Publication of fines and penalties.
Sec. 311. Revising merchant mariner deck training requirements.
Sec. 312. Amendments.
Sec. 313. Renewal of merchant mariner licenses and documents.
Sec. 314. Merchant seamen licenses, certificates, and documents; manning of vessels.
Sec. 321. Grossly negligent operations of a vessel.
Sec. 322. Administrative procedure for security risks.
Sec. 323. Requirements for DUKW amphibious passenger vessels.
Sec. 324. Risk based examination of tank vessels.
Sec. 325. Ports and waterways safety.
Sec. 326. Study on Bering Strait vessel traffic projections and emergency response posture at the port of Point Spencer, Alaska.
Sec. 327. Underwater inspections brief.
Sec. 328. St. Lucie River railroad bridge.
Sec. 329. Rulemaking regarding port access routes.
Sec. 330. Articulated tug-barge manning.
Sec. 341. Anchor handling activities.
Sec. 342. Establishment of 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. 348. Authority to establish safety zones for special activities in exclusive economic zone.
Sec. 349. Fishing vessel and fisherman training safety.
Sec. 350. Authority over Deepwater Port Act of 1974.
Sec. 351. National Offshore Safety Advisory Committee composition.
Sec. 352. Improving Vessel Traffic Service monitoring.
Sec. 353. Abandoned and derelict vessel removals.
Sec. 354. Near shore cable laying barge.
Sec. 355. Anchorages.
Sec. 401. Vessel response plans.
Sec. 402. Use of marine casualty investigations.
Sec. 403. Timing of review.
Sec. 404. Online incident reporting system.
Sec. 501. Implementation status of directed actions.
Sec. 502. Independent review of Coast Guard reforms.
Sec. 503. Requirement to maintain certain records.
Sec. 504. Study on Coast Guard Academy oversight.
Sec. 505. Providing for the transfer of a cadet who is the victim of a sexual assault or related offense.
Sec. 506. Designation of officers with particular expertise in military justice or healthcare.
Sec. 507. Direct hire authority for certain personnel of Coast Guard.
Sec. 508. Safe-to-report policy for Coast Guard.
Sec. 509. Modification of delivery date of Coast Guard sexual assault report.
Sec. 510. Higher-level review of board of determination decisions.
Sec. 511. Review of discharge or dismissal.
Sec. 512. Convicted sex offender as grounds for denial.
Sec. 513. Coast Guard Academy room reassignment.
Sec. 601. 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 2025 and 2026”;
(2) in paragraph (1)—
(5) by striking paragraph (4) and inserting the following:
“(4) For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for purposes of retired pay, payments under the Retired Serviceman’s Family Protection Plan and the Survivor Benefit Plan, payment for career status bonuses, payment of continuation pay under section 356 of title 37, concurrent receipts, combat-related special compensation, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, $1,210,840,000 for fiscal year 2025.”.
(a) Information technology.—Of the amounts authorized to be appropriated under section 4902(2)(A) of title 14, United States Code—
(b) Shoreside infrastructure.—Of the amounts authorized to be appropriated under section 4902(2)(A) of title 14, United States Code—
(1) for fiscal year 2025, $500,000,000 is authorized to fund maintenance, construction, and repairs for Coast Guard shoreside infrastructure, of which—
(A) $225,000,000 is authorized for the purposes of improvements to facilities at the United States Coast Guard Training Center Cape May in Cape May, New Jersey;
(B) $10,000,000 is authorized to fund the creation of an infrastructure development plan for the Coast Guard Academy in New London, Connecticut;
(C) $50,000,000 is authorized to complete repairs and improvements of Chase Hall at the Coast Guard Academy in New London, Connecticut, including remediation of asbestos, lead, and mold and upgrading the electric outlet availability and storage space in student rooms, and making changes to house not more than 2 Officer Candidates in a room;
(D) $70,000,000 is authorized for the purposes of planning, designing, and building a floating drydock at the United States Coast Guard Yard in Baltimore, Maryland;
(2) for fiscal year 2026, $600,000,000 is authorized to fund maintenance, construction, and repairs for Coast Guard shoreside infrastructure, of which—
(A) $125,000,000 is authorized for the purposes of improvements to facilities at the United States Coast Guard Training Center Cape May in Cape May, New Jersey;
(B) $100,000,000 is authorized to execute the infrastructure development plan for the Coast Guard Academy in New London, Connecticut developed in paragraph (1)(C);
(C) $100,000,000 is authorized for the purposes of planning, designing, and building a floating drydock at the United States Coast Guard Yard in Baltimore, Maryland;
(a) Fiscal year 2025.—Of the amounts authorized to be appropriated under section 4902(2)(A) of title 14, United States Code, for fiscal year 2025—
(a) Fiscal year 2025.—Of the amounts authorized to be appropriated under section 4902(1)(A) of title 14, United States Code, for fiscal year 2025—
(b) Fiscal year 2026.—Of the amounts authorized to be appropriated under section 4902(1)(A) of title 14, United States Code, $35,000,000 is authorized for the implementation of each directed action outlined in enclosure 1 of the memorandum of the Commandant titled “Commandant’s Directed Actions-Accountability and Transparency”, dated November 27, 2023.
Section 1105 of title 14, United States Code, is amended by adding at the end the following:
“(c) Lead systems integrator defined.—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).”.
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.—Subchapter II of chapter 11 of title 14, United States Code, is amended by adding at the end the following:
(b) Clerical amendment.—The analysis for chapter 11 of title 14, United States Code, is amended by inserting after the item relating to section 1137 the following:
“1138. Service life extension programs.”.
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 Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate 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 such term is 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 such term is defined in section 44801 of title 49, United States Code).
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) In general.—Subchapter II of chapter 11 of title 14, United States Code, is further amended by adding at the end the following:
Ҥ 1139. Consideration of life-cycle cost estimates for acquisition and procurement
“In carrying out the acquisition and procurement of vessels and aircraft, the Secretary of the department in which the Coast Guard is operating, acting through the Commandant of the Coast Guard, shall consider the life-cycle cost estimates of vessels and aircraft, as applicable, during the design and evaluation processes to the maximum extent practicable.”.
(b) Clerical amendment.—The analysis for chapter 11 of title 14, United States Code, is amended by inserting after the item relating to section 1138 (as added by this Act) the following:
“1139. Consideration of life-cycle cost estimates for acquisition and procurement. ”.
(a) In general.—Subchapter I of chapter 19 of title 14, United States Code, is amended by adding at the end the following:
Ҥ 1907. Authorization of certain support for Coast Guard Academy foundations
“(a) Authority.—Subject to subsection (b) and pursuant to regulations prescribed by the Secretary of the department in which the Coast Guard is operating, the Superintendent of the Coast Guard Academy may authorize a covered foundation to use, on an unreimbursed basis, facilities or equipment of the Coast Guard Academy.
“(b) Limitations.—Use of facilities or equipment under subsection (a) may be provided only if such use has been reviewed and approved by an attorney of the Coast Guard and only if such use—
“(2) does not affect the ability of any official or employee of the Coast Guard, or any member of the armed forces, to carry out any responsibility or duty in a fair and objective manner;
“(3) does not compromise the integrity or appearance of integrity of any program of the Coast Guard, or any individual involved in such a program;
“(c) Briefing.—In any fiscal year during which the Superintendent of the Coast Guard Academy exercises the authority under subsection (a), the Commandant of the Coast Guard shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than the last day of that fiscal year regarding the number of events or activities of a covered foundation supported by such exercise during such fiscal year.
“(d) Covered foundation defined.—In this section, the term ‘covered foundation’ means a charitable, educational, or civic nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986, that the Secretary concerned determines operates exclusively to support, with respect to a Service Academy, any of the following:
(b) Clerical amendment.—The analysis for chapter 19 of title 14, United States Code, is amended by inserting after the item relating to section 1906 the following:
“1907. Authorization of certain support for Coast Guard Academy foundations. ”.
Section 316 of title 14, United States Code, is amended—
(1) in subsection (b)—
(a) Report.—
(1) REPORT TO CONGRESS.—Not later than 60 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 on the status of acquisition of the first Polar Security Cutter.
(2) ELEMENTS.—The report under paragraph (1) shall include—
(A) a detailed timeline for the acquisition process of the first Polar Security Cutter, including expected milestones and projected commissioning date;
(B) an accounting of the previously appropriated funds spent to date on the Polar Security Cutter Program, updated cost projections for the first Polar Security Cutter, and projections for when additional funds will be required;
(b) Briefings.—
(1) PROVISION TO CONGRESS.—Not later than 60 days after the submission of the report under subsection (a), and not less frequently than every 60 days thereafter, the Commandant shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on the status of the Polar Security Cutter acquisition process.
(2) TIMELINE.—The briefings under paragraph (1) shall occur after any key milestone in the Polar Security Cutter acquisition process, but not less frequently than every 60 days.
(c) Notifications.—In addition to the briefings required under subsection (b), the Commandant shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate within 3 business days of any significant change to the scope or funding level of the Polar Security Cutter acquisition strategy of such change.
Section 319(b)(1) of title 14, United States Code, is amended by striking “2” and inserting “4”.
(a) Provision to Congress.—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 on the condition of dayboards and the placement of buoys on the Missouri River.
Section 70032 of title 46, United States Code, is amended to read as follows:
Ҥ 70032. Saint Lawrence Seaway
“(a) In general.—Except as provided in subsection (b), the authority granted to the Secretary under sections 70001, 70002, 70003, 70004, and 70011 may not be delegated with respect to the Saint Lawrence Seaway to any agency other than the Great Lakes Saint Lawrence Seaway Development Corporation. Any other authority granted the Secretary under subchapters I through III and this subchapter shall be delegated by the Secretary to the Great Lakes Saint Lawrence Seaway Development Corporation to the extent the Secretary determines such delegation is necessary for the proper operation of the Saint Lawrence Seaway.
“(b) Exception.—The Secretary of the department in which the Coast Guard is operating, after consultation with the Secretary of Transportation, or the head of an agency to which the Secretary has delegated the authorities in subsection (a), may—
(a) Study.—
(1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Commandant shall seek to enter into an agreement with a federally funded research and development center with relevant expertise under which such center shall conduct an assessment of the operational capabilities and ability of the Coast Guard to conduct the primary duties of the Coast Guard under section 102 of title 14, United States Code, and missions under section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468).
(2) ELEMENTS.—In carrying out the assessment required under paragraph (1), the federally funded research and development center selected under such subsection shall, with respect to the primary duties and missions described in paragraph (1), include the following:
(A) An analysis of the extent to which the Coast Guard is able to effectively carry out such duties and missions.
(B) Recommendations for the Coast Guard to more effectively carry out such duties and missions, in light of manpower and asset constraints.
(b) Assessment to Commandant.—Not later than 1 year after the date on which Commandant enters into an agreement under section (a), the federally funded research and development center selected under such subsection shall submit to the Commandant the assessment required under subsection (a).
(c) Report to Congress.—
(1) IN GENERAL.—Not later than 90 days after receipt of the assessment under subsection (b), 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 that includes recommendations included in the assessment to strengthen the ability of the Coast Guard to carry out such duties and missions.
Section 11221 of the Don Young Coast Guard Authorization Act of 2022 (Public Law 117–263) is amended by adding at the end the following:
“(e) Additional reports on status of use of facilities and helicopter basing.—Beginning with the first quarterly report required under subsection (a) submitted after the date of enactment of the Coast Guard Authorization Act of 2024, the Secretary shall include in each such report—
“(1) the status of the use of recently renovated Coast Guard housing facilities, food preparation facilities, and maintenance and repair facilities on St. Paul Island, Alaska, including a projected date for full use and occupancy of such facilities in support of Coast Guard missions in the Bering Sea; and
Section 1941 of title 14, United States Code, is amended—
Notwithstanding section 517 of title 10, United States Code, and until October 1, 2027, the authorized end strength for enlisted members on active duty (other than for training) in the Coast Guard in pay grades E–8 and E–9 may be more than 3.0 percent and 1.25 percent respectively of the number of enlisted members of the Coast Guard who are on active duty other than for training.
Section 3740(f) of title 14, United States Code, is amended by striking “section 2117” and inserting “sections 2115 and 2117”.
(a) Parental leave.—
(1) IN GENERAL.—Subchapter I of chapter 29 of title 14, United States Code, is amended by adding at the end the following:
Ҥ 2907. Parental leave for members of certain reserve components of Coast Guard
“(a) (1) Under regulations prescribed by the Secretary, a member of the reserve component of the Coast Guard described in subsection (b) is allowed parental leave for a duration of up to 12 inactive-duty training periods, under section 206 of title 37, during the one-year period beginning after the following events:
“(2) (A) The Secretary of the department in which the Coast Guard is operating, may authorize leave described under subparagraph (A) to be taken after the one-year period described in subparagraph (A) in the case of a member described in subsection (b) who, except for this subparagraph, would lose unused parental leave at the end of the one-year period described in subparagraph (A) as a result of—
“(B) The regulations prescribed under clause (i) shall require that any leave authorized to be taken after the one-year period described in subparagraph (A) shall be taken within a reasonable period of time, as determined by the Secretary in which the department is operating, after cessation of the circumstances warranting the extended deadline.
“(b) A member described in this subsection is a member of the Coast Guard who is a member of—
“(2) the individual ready reserve who is entitled to compensation under section 206 of title 37 when attending or participating in a sufficient number of periods of inactive-duty training during a year to count the year as a qualifying year of creditable service toward eligibility for retired pay.”.
(2) CLERICAL AMENDMENT.—The analysis for chapter 29 of title 14, United States Code, is amended by inserting after the item relating to section 2906 the following:
“2907. Parental leave for members of certain reserve components of Coast Guard.”.
Section 2708 of title 14, United States Code, is amended by adding at the end the following:
“(c) The Coast Guard may provide a cash allowance in such amount as the Secretary of the department in which the Coast Guard is operating shall determine in regulations to be paid to pregnant officer personnel for the purchase of maternity-related uniform items if such uniform items are not so furnished to the member.”.
Not later than 1 year 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 on the status of the implementation of the recommendations contained in the report of the Government Accountability Office titled “Coast Guard: Better Feedback Collection and Information Could Enhance Housing Program”, and issued February 5, 2024 (GAO–24–106388).
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:
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:
“(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) GENERAL REQUIREMENTS FOR MEMBERS OF ENGINE DEPARTMENTS.—Section 7313(b) of title 46, United States Code, is amended by striking “and coal passer”.
(d) Reduction of lengths of certain periods of service.—
(2) TEMPORARY REDUCTION OF LENGTHS OF CERTAIN PERIODS OF SERVICE.—Section 3534(j) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) is repealed.
(e) Merchant mariner credentials.—Section 7510 of title 46, United States Code, is amended by striking subsection (d).
(f) 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 subtitle II of title 46, United States Code, is amended by striking “Seamen” and inserting “Seafarer”.
(b) Merchant mariner Credentials.—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”.
(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”.
(d) 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”.
(e) 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”.
(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”.
(g) 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”.
(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”.
Section 7507 of title 46, United States Code, is amended by adding at the end the following:
(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 noncitizen nationality 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”.
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 M. 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 2024).”.
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) Risk-based examination.—
“(1) IN GENERAL.—With respect to examinations of foreign-flagged vessels to which this chapter applies, the Secretary may adopt a risk-based examination schedule to which such vessels shall be examined and the frequency with which the examinations occur.
“(2) RESTRICTION.—The Secretary may not adopt a risk-based examination schedule under paragraph (1) until the Secretary has—
“(A) received and reviewed the study by the National Academies required under section 8254(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283);
“(B) conducted the assessment recommended in the report of the Government Accountability Office submitted under section 8254(a) of such Act;
(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).”.
(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 Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings and recommendations of the study.
(e) Definitions.—In this section:
(1) 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).
(2) 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).
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 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 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 titled “Shipping Safety Fairways Along the Atlantic Coast” was issued on June 19, 2020.
Section 11508 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended to read as follows:
“SEC. 11508. Articulated tug-barge manning.
“(a) In general.—Notwithstanding the watch setting requirements set forth in section 8104 of title 46, United States Code, or any other provision of law or regulation, an Officer in Charge, Marine Inspection may authorize a covered vessel—
“(b) Covered vessel defined.—In this section, the term ‘covered vessel’ means a towing vessel issued a certificate of inspection under subchapter M of chapter I of title 46, Code of Federal Regulations, which—
Section 12111(d) of title 46, United States Code, is amended—
(1) in paragraph (1)—
(a) In general.—Chapter 151 of title 46, United States Code, is amended by adding at the end the following:
Ҥ 15110. Establishment of 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 9 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 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 in section 2 of 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—
“(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 of the department in which the Coast Guard is operating shall submit to Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate 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 3316(d) of title 46, United States Code, is amended—
(a) Repeal.—Section 8343 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is repealed.
(b) Special activities in exclusive economic zone.—Subchapter I of chapter 700 of title 46, United States Code, is amended by adding at the end the following:
Ҥ 70008. Special activities in exclusive economic zone
“(a) In general.—The Secretary of the department in which the Coast Guard is operating may establish safety zones to address special activities in the exclusive economic zone.
“(b) Definitions.—In this section:
“(1) SAFETY ZONE.—The term ‘safety zone’—
“(2) SPECIAL ACTIVITIES.—The term ‘special activities’ includes—
“(A) space activities, including launch and reentry (as such terms are defined in section 50902 of title 51) carried out by United States citizens; and
“(B) offshore energy development activities, as described in section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)), on or near fixed platforms (as such term is defined in section 2281(d) of title 18).
(c) Clerical amendment.—The analysis for chapter 700 of title 46, United States Code, is amended by inserting after the item relating to section 70007 the following:
“70008. Special activities in exclusive economic zone.”.
Section 4502 of title 46, United States Code, is amended—
(1) in subsection (i)—
(2) in subsection (j)—
(A) in paragraph (1) by inserting “, and understanding and mitigating behavioral and physical health risks, to include substance use disorder and worker fatigue, facing members of the commercial fishing industry” after “weather detection”;
(a) In general.—Section 5(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(a)) is amended by striking the first sentence and inserting “Notwithstanding section 888(b) of the Homeland Security Act of 2002 (6 U.S.C. 468(b)), the Secretary shall have the authority to issue regulations to carry out the purposes and provisions of this Act, in accordance with the provisions of section 553 of title 5, United States Code, without regard to subsection (a) thereof.”.
(b) Affirming the authority of Secretary of Transportation over environmental reviews.—Section 5(f) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(f) is amended to read as follows:
“(f) Compliance.—Notwithstanding section 888(b) of the Homeland Security Act of 2002 (6 U.S.C. 468(b)), the Secretary, in cooperation with other involved Federal agencies and departments, shall comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and act as the lead agency under section 4336a of title 42, United States Code, for all applications under this Act. Such compliance shall fulfill the requirement of all Federal agencies in carrying out their responsibilities under the National Environmental Policy Act of 1969 pursuant to this chapter.”.
(c) Regulations.—
(1) IN GENERAL.—Not later than 6 months after the date of enactment of this Act, the Commandant shall transfer the authorities provided to the Coast Guard in part 148 of title 33, Code of Federal Regulations (as in effect on the date of the enactment of this Act), except as provided in paragraph (2), to the Secretary of Transportation.
(d) Rule of construction.—Nothing in this section, or the amendments made by this section, may be construed to limit the authorities of other governmental agencies previously delegated authorities of the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.).
Section 15106(c) of title 46, United States Code, is amended—
(a) Proximity of anchorages to pipelines.—
(1) IMPLEMENTATION OF RESTRUCTURING PLAN.—Not later than 1 year after the date of enactment of this Act, the Commandant shall implement the November 2021 proposed plan of the Vessel Traffic Service Los Angeles-Long Beach for restructuring the Federal anchorages in San Pedro Bay described on page 54 of the Report of the National Transportation Safety Board titled “Anchor Strike of Underwater Pipeline and Eventual Crude Oil Release” and issued January 2, 2024.
(2) STUDY.—The Secretary of the department in which the Coast Guard is operating shall conduct a study to identify any anchorage grounds other than the San Pedro Bay Federal anchorages in which the distance between the center of an approved anchorage ground and a pipeline is less than 1 mile.
(3) REPORT.—
(A) IN GENERAL.—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 a report on the results of the study required under paragraph (2).
(b) Proximity to pipeline alerts.—
(1) AUDIBLE AND VISUAL ALARMS.—The Commandant shall consult with the providers of vessel monitoring systems to add to the monitoring systems for vessel traffic services audible and visual alarms that alert the watchstander when an anchored vessel is encroaching on a pipeline.
(2) NOTIFICATION PROCEDURES.—Not later than 1 year after the date of enactment of this Act, the Commandant shall develop procedures for all vessel traffic services to notify pipeline and utility operators following potential incursions on submerged pipelines within the vessel traffic service area of responsibility.
(3) REPORT.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the implementation of paragraphs (1) and (2).
(a) In general.—Chapter 47 of title 46, United States Code, is amended—
(3) by adding at the end the following:
“In this subchapter:
“(1) ABANDON.—The term ‘abandon’ means to moor, strand, wreck, sink, or leave a covered vessel unattended for longer than 45 days.
“(2) COVERED VESSEL.—The term ‘covered vessel’ means a vessel that is not a barge to which subchapter I applies.
“(3) INDIAN TRIBE.—The term ‘Indian Tribe’ has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Ҥ 4711. Abandonment of vessels prohibited
“(a) In general.—An owner or operator of a covered vessel may not abandon such vessel on the navigable waters of the United States.
“(b) Determination of abandonment.—
“(1) NOTIFICATION.—
“(A) IN GENERAL.—With respect to a covered vessel that appears to be abandoned, the Commandant of the Coast Guard shall—
“(c) Penalty.—
Ҥ 4712. Inventory of abandoned vessels
“(a) In general.—Not later than 1 year after the date of enactment of this section, the Commandant, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and relevant State agencies, shall establish and maintain a national inventory of covered vessels that are abandoned.
“(b) Contents.—The inventory established and maintained under subsection (a) shall include data on each vessel, including geographic information system data related to the location of each such vessel.
“(c) Publication.—The Commandant shall make the inventory established under subsection (a) publicly available on a website of the Coast Guard.
“(d) Reporting of potentially abandoned vessels.—In carrying out this section, the Commandant shall develop a process by which—
(b) Rulemaking.—The Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of the Army, acting through the Chief of Engineers, and the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall issue regulations with respect to the procedures for determining that a vessel is abandoned for the purposes of subchapter II of chapter 47 of title 46, United States Code (as added by this section).
(c) Conforming amendments.—Chapter 47 of title 46, United States Code, is amended—
(d) Clerical amendments.—The analysis for chapter 47 of title 46, United States Code, is amended—
(a) In general.—Until the date that is 2 years after the date of enactment of this Act, and notwithstanding subsection (b), the Secretary of the department in which the Coast Guard is operating may not enforce citizenship requirements under section 8103 of title 46, United States Code, or the credentialing requirements under section 8701 of title 46, United States Code, with respect to a covered individual.
(b) Training.—Until the date that is 2 years after the date of enactment of this Act, the Commandant shall ensure that operators of near shore cable lay vertical trenching injector equipment on barges on which covered individuals serve—
(c) Definitions.—In this section:
(1) COVERED INDIVIDUAL.—The term “covered individual” means an individual, including near shore cable lay vertical trenching injector operators or near shore cable laying vertical trenching injector support personnel, who is—
(A) engaged on board a barge for the purpose of operating specialized equipment, including a vertical trenching injector, necessary to lay near shore power cable in support of non-mineral energy exploration, development, and production; and
(B) not—
(i) included in the complement of licensed individuals to be stated in the certificate of inspection issued under chapter 33 of title 46, United States Code, to be necessary by the Certificate of Inspection or to ensure the safe navigation of such vessel; or
Section 8437 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended—
(a) In general.—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.—
“(A) IN GENERAL.—The President may require—
“(i) periodic inspection of containment booms, skimmers, vessels, and other major equipment used to remove discharges;
“(ii) periodic inspection of vessels, salvage and marine firefighting equipment, and other major equipment used to respond to marine casualties or prevent discharges;
“(iii) periodic verification of capabilities to appropriately, and in a timely manner, respond to a marine casualty, a worst case discharge, or a substantial threat of a discharge, including—
“(iv) 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.
(b) Report to Congress.—
(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the state of marine firefighting authorities, jurisdiction, plan review, and other considerations with respect to vessel fires at waterfront facilities and within the navigable waters of the United States up to 3 nautical miles from the shoreline.
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) In general.—Chapter 51 of title 14, United States Code, is amended by adding at the end the following:
Ҥ 5116. Implementation status of directed actions
“(a) In general.—Not later than March 1, 2025, and not later than March 1 of each of the 3 subsequent years thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of the implementation of each directed action outlined in enclosure 1 of the memorandum of the Commandant titled ‘Commandant’s Directed Actions—Accountability and Transparency’, dated November 27, 2023.
“(b) Contents.—The report required under section (a) shall contain the following:
“(1) The status of the implementation of each directed action from enclosure 1 of the memorandum titled ‘Commandant's Directed Actions—Accountability and Transparency’ dated November 27, 2023.
“(2) A plan and timeline for the next steps to be taken to complete outstanding directed actions in enclosure 1 of the memorandum titled ‘Commandant's Directed Actions—Accountability and Transparency’ dated November 27, 2023, including identifying the individual the Commandant has selected to ensure the successful completion of each directed action.
(b) Clerical amendment.—The analysis for chapter 51 of title 14, United States Code, is amended by adding at the end the following:
“5116. Implementation status of directed actions.”.
(a) Government Accountability Office report.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the efforts of the Coast Guard to mitigate cases of sexual assault and sexual harassment within the service.
(2) ELEMENTS.—The report required under paragraph (1) shall—
(A) evaluate—
(i) the efforts of the Commandant to implement the directed actions from enclosure 1 of the memorandum titled “Commandant's Directed Actions—Accountability and Transparency” dated November 27, 2023;
(ii) whether the Commandant met the reporting requirements under section 5112 of title 14, United States Code; and
(iii) the effectiveness of the actions of the Coast Guard, including efforts outside of the actions described in the memorandum titled “Commandant's Directed Actions—Accountability and Transparency” dated November 27, 2023, to mitigate instances of sexual assault and sexual harassment and improve the enforcement relating to such instances within the Coast Guard, and how the Coast Guard is overcoming challenges in implementing such actions.
(B) make recommendations to the Commandant for improvements to the efforts of the service to mitigate instances of sexual assault and sexual harassment and improve the enforcement relating to such instances within the Coast Guard; and
(C) make recommendations to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate to mitigate instances of sexual assault and sexual harassment in the Coast Guard and improve the enforcement relating to such instances within the Coast Guard, including proposed changes to any legislative authorities.
(b) Report by Commandant.—Not later than 90 days after the date on which the Comptroller General completes all actions under subsection (a), 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 that includes the following:
(a) In general.—Chapter 9 of title 14, United States Code, is amended by adding at the end the following:
Ҥ 955. Requirement to maintain certain records
“(a) In general.—The Commandant shall maintain all work product related to final action documenting a disposition decision on an investigation by the Coast Guard Investigative Service or other law enforcement entity investigating a Coast Guard member accused of misconduct for not less than 7 years from date of the disposition decision.
“(b) Final action memo.—Upon a final action documenting a disposition decision described in subsection (a), the convening authority or final decision making authority, as applicable, shall sign a final action memo that includes the following:
“(2) The Coast Guard Investigative Service report of investigation listed as either a reference or an enclosure.
“(3) The prosecution memo, signed by the convening authority or the final decision making authority, listed and included as an enclosure.
(b) Clerical amendment.—The analysis for chapter 9 of title 14, United States Code, is amended by adding at the end the following:
“955. Requirement to maintain certain records.”.
(a) In general.—Not later than 30 days after the date of enactment of this Act, the Commandant, in consultation with relevant stakeholders, shall conduct a study on the governance of the Coast Guard Academy, including examining the roles, responsibilities, authorities, advisory functions, and membership qualifications and expertise of the Board of Visitors and Board of Trustees of such Academy.
Section 1902 of title 14, United States Code, is amended by adding at the end the following:
“(f) Consideration of request for transfer of cadet who is the victim of sexual assault or related offense.—
“(1) IN GENERAL.—The Commandant shall provide for timely consideration of and action on a request submitted by a cadet appointed to the Coast Guard Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of title 10 (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to a Service Academy or to enroll in a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education.
“(2) RULEMAKING.—The Commandant shall prescribe regulations to carry out this subsection that—
“(A) ensure that any cadet who has been appointed to the Coast Guard Academy is informed of the right to request a transfer pursuant to this subsection, and that any formal request submitted by a cadet is processed as expeditiously as practicable for review and action by the Superintendent;
“(B) direct the Superintendent of the Coast Guard Academy, in coordination with the Superintendent of the Service Academy to which the cadet requests to transfer—
“(i) to act on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet;
“(C) direct the Superintendent of the Coast Guard Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers’ Training Corps program at the institution of higher education to which the cadet requests to transfer—
“(i) to act on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet;
“(ii) subject to the cadet’s acceptance for admission to the institution of higher education to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the request; and
“(iii) to take all necessary and appropriate action to effectuate the cadet’s enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers’ Training Corps program as expeditiously as possible.
“(3) DENIAL OF TRANSFER REQUEST.—If the Superintendent of the Coast Guard Academy denies a request for transfer under this subsection, the cadet may request review of the denial by the Secretary of the Department in which the Coast Guard is operating, who shall act on such request not later than 72 hours after receipt of the formal request for review.
“(4) CONFIDENTIALITY OF RECORDS.—The Secretary of the Department in which the Coast Guard is operating shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation.
“(5) APPOINTMENT TO SERVICE ACADEMY.—A cadet who transfers under this subsection may retain the cadet’s appointment to the Coast Guard Academy or may be appointed to the Service Academy to which the cadet transfers without regard to the limitations and requirements described in sections 7442, 8454, and 9442 of title 10.
“(6) APPOINTMENT UPON GRADUATION.—
“(7) COMMISSION INTO COAST GUARD.—A cadet who transfers under this subsection to a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education is entitled upon graduation from the Senior Reserve Officers’ Training program to commission into the Coast Guard as described in section 3738a.
(a) In general.—Subchapter I of chapter 21 of title 14, United States Code is amended by adding at the end the following:
(b) Clerical amendment.—The analysis for chapter 21 of title 14, United States Code, is amended by inserting after the item relating to section 2131 the following:
“2132. Designation of officers with particular expertise in military justice or healthcare.”.
(c) Conforming amendments.—
(1) Section 2102(a) of title 14, United States Code, is amended, in the second sentence, by striking “and officers of the permanent commissioned teaching staff of the Coast Guard Academy” and inserting “officers of the permanent commissioned teaching staff of the Coast Guard Academy, and officers designated by the Secretary pursuant to section 2132”.
(2) Subsection (e) of section 2103 of title 14, United States Code, is amended to read as follows:
(3) Section 2126 of title 14, United States Code, is amended, in the second sentence, by inserting “and as to officers designated by the Secretary pursuant to section 2132” after “reserve components”.
(a) In general.—Subchapter I of chapter 25 of title 14, United States Code, is amended by adding at the end the following:
Ҥ 2517. Direct hire authority for certain personnel of Coast Guard
“(a) In general.—The Commandant may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5 (other than section 3303 and 3328 of such chapter), qualified candidates to any non-clinical specialist intended to engage in the integrated primary prevention of harmful behaviors, including suicide, sexual assault, harassment, domestic abuse, and child abuse and qualified candidates to any criminal investigative law enforcement position of the Coast Guard Criminal Investigative Service intended to engage in the primary response to such harmful behaviors.
(b) Clerical amendment.—The analysis for chapter 25 of title 14, United States Code, is amended by inserting after the item related to section 2516 the following:
“2517. Direct hire authority for certain personnel of United States Coast Guard.”.
(a) In general.—Subchapter I of chapter 19 of title 14, United States Code, is further amended by adding at the end the following:
Ҥ 1908. Safe-to-report policy for Coast Guard
“(a) In general.—The Secretary of the department in which the Coast Guard is operating shall, in consultation with the Secretaries of the military departments, issue such regulations as are necessary to establish the safe-to-report policy described in subsection (b) that applies with respect to all members of the Coast Guard (including members of the reserve and auxiliary components of the Coast Guard) and cadets at the Coast Guard Academy.
“(b) Safe-to-report policy.—The safe-to-report policy described in this subsection is a policy that prescribes the handling of minor collateral misconduct involving a member of the Coast Guard who is the alleged victim or reporting witness of a sexual assault.
“(c) Mitigating and aggravating circumstances.—In issuing regulations under subsection (a), the Secretary shall specify mitigating circumstances that decrease the gravity of minor collateral misconduct or the impact of such misconduct on good order and discipline and aggravating circumstances that increase the gravity of minor collateral misconduct or the impact of such misconduct on good order and discipline for purposes of the safe-to-report policy.
“(d) Tracking of collateral misconduct incidents.—In conjunction with the issuance of regulations under subsection (a), Secretary shall develop and implement a process to anonymously track incidents of minor collateral misconduct that are subject to the safe-to-report policy established under such regulations.
“(e) Minor collateral misconduct defined.—In this section, the term ‘minor collateral misconduct’ means any minor misconduct that is punishable under chapter 47 of title 10 that—
“(1) is committed close in time to or during a sexual assault and directly related to the incident that formed the basis of the sexual assault allegation;
(b) Clerical amendment.—The analysis for chapter 19 of title 14, United States Code, is further amended by inserting after the item relating to section 1907 (as added by this Act) the following:
“1908. Safe-to-report policy for Coast Guard. ”.
Section 5112(a) of title 14, United States Code, is amended by striking “January 15” and inserting “March 1”.
(a) In general.—Section 2158 of title 14, United States Code, is amended—
(2) by adding at the end the following:
“(b) Higher-level review of sexual assault cases.—
“(1) IN GENERAL.—If a board convened under this section determines that the officer should be retained when the officer’s record indicates that the officer has committed a sexual assault offense, the board shall forward the record of the proceedings and recommendation of the board for higher-level review, in accordance with regulations prescribed by the Secretary.
“(c) Sexual assault offense defined.—In this section, the term ‘sexual assault offense’ means a violation of section 920 or 920b of title 10, United States Code (article 120 or 120b of the Uniform Code of Military Justice) or attempt to commit an offense specified under section 920 or 920b as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).”.
(a) In general.—Subchapter I of chapter 25 of title 14, United States Code, is further amended by adding at the end the following:
Ҥ 2518. Review of discharge or dismissal
“(a) Downgrade.—
“(1) IN GENERAL.—In addition to the requirements of section 1553 of title 10, a board of review for a former member of the Coast Guard established pursuant to such section may, upon a motion of the board and subject to review by the Secretary of the department in which the Coast Guard is operating, downgrade an honorable discharge or dismissal to a general (under honorable conditions) discharge or dismissal upon a finding that a former member of the Coast Guard, while serving on active duty as a member of the armed forces, committed sexual assault or sexual harassment in violation of section 920, 920b, or 934 of this title (article 120, 120b, or 134 of the Uniform Code of Military Justice).
“(2) EVIDENCE.—Any downgrade under paragraph (1) shall be supported by clear and convincing evidence.
“(3) LIMITATION.—The review board under paragraph (1) may not downgrade a discharge or dismissal of a former member of the Coast Guard if the same action described in paragraph (1) was considered prior to separation from active duty by an administrative board in determining the characterization of discharge as otherwise provided by law and in accordance with regulations prescribed by the Secretary of the Department in which the Coast Guard is operating.
“(b) Procedural rights.—
“(1) IN GENERAL.—A review by a board established under section 1553 of title 10 shall be based on the records of the armed forces concerned and such other evidence as may be presented to the board.
“(3) APPEARANCE BEFORE BOARD.—A person who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.
“(4) NOTIFICATION.—A former member of the Coast Guard who is subject to a downgrade in discharge characterization review under subsection (b)(3) shall be notified in writing of such proceedings, afforded the right to obtain copies of records and documents relevant to the proceedings, and the right to appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.”.
(b) Clerical amendment.—The analysis for chapter 25 of title 14, United States Code, is further amended by inserting after the item relating to section 2517 (as added by this Act) the following:
“2518. Review of discharge or dismissal. ”.
Section 7511(a) of title 46, United States Code, is amended—
Section 1902 of title 14, United States Code, is further amended by adding at the end the following:
(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)”.
(e) Notice of arrival requirements for vessels on the outer continental shelf.—
(1) PREPARATORY CONFORMING AMENDMENT.—Section 70001 of title 46, United States Code, is amended by redesignating subsections (l) and (m) as subsections (m) and (n), respectively.
(2) TRANSFER OF PROVISION.—Section 704 of the Coast Guard and Maritime Transportation Act 2012 (Public Law 112–213; 46 U.S.C. 70001 note) is—
(f) Title 46.—Title 46, United States Code, is amended as follows:
(3) In the analysis for subtitle VII by striking the period after “70001” in the item relating to chapter 700.
(4) In the analysis for chapter 700 by striking the item relating to section 70006 and inserting the following:
“70006. Establishment by Secretary of the department in which the Coast Guard is operating of anchorage grounds and regulations generally.”.
(5) In the heading for subchapter IV in the analysis for chapter 700 by inserting a comma after “Definitions”.
(6) In the heading for subchapter VI in the analysis for chapter 700 by striking “of the United”and inserting “of United”.
(7) Section 70052(e)(1) is amended by striking “section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)” and inserting “section 60105”.
(g) Oil pollution act of 1990.—The Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is amended as follows:
(1) Section 1001(32)(G) (33 U.S.C. 2701(32)(G)) is amended by striking “pipeline” and all that follows through “offshore facility” and inserting “pipeline, offshore facility”.
(2) Section 1016 (33 U.S.C. 2716) is amended—
(3) Section 1012(b)(2) (33 U.S.C. 2712(b)(2)) is amended by striking “section 1016(f)(1)” and inserting “section 1016(e)(1)”.
(4) Section 1005(b)(5)(B) (33 U.S.C. 2705(b)(5)(B)) is amended by striking “section 1016(g)” and inserting “section 1016(f)”.
(5) Section 1018(c) (33 U.S.C. 2718(c)) is amended by striking “the Act of March 3, 1851 (46 U.S.C. 183 et seq.)” and inserting “chapter 305 of title 46, United States Code”.
(6) Section 7001(h)(1) (33 U.S.C. 2761(h)(1)) is amended by striking “subsection (c)(4)” and inserting “subsection (e)(4)”.
Union Calendar No. 411 | |||||
| |||||
[Report No. 118–495] | |||||
A BILL | |||||
To authorize and amend authorities, programs, and statutes administered by the Coast Guard. | |||||
May 8, 2024 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |