[House Report 118-119]
[From the U.S. Government Publishing Office]


118th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {      118-119

======================================================================



 
                 COAST GUARD AUTHORIZATION ACT OF 2023

                                _______
                                

 June 27, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Graves of Missouri, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 2741]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2741) to authorize and amend 
authorities, programs, and statutes administered by the Coast 
Guard, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................    18
Background and Need for Legislation..............................    18
Hearings.........................................................    22
Legislative History and Consideration............................    22
Committee Votes..................................................    27
Committee Oversight Findings and Recommendations.................    30
New Budget Authority and Tax Expenditures........................    30
Congressional Budget Office Cost Estimate........................    30
Performance Goals and Objectives.................................    34
Duplication of Federal Programs..................................    35
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    35
Federal Mandates Statement.......................................    35
Preemption Clarification.........................................    35
Advisory Committee Statement.....................................    35
Applicability to Legislative Branch..............................    35
Section-by-Section Analysis of The Legislation...................    36
Changes in Existing Law Made by the Bill, as Reported............    41

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Coast Guard 
Authorization Act of 2023''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Commandant defined.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Authorization of appropriations.
Sec. 102. Shoreside infrastructure and facilities and information 
technology.
Sec. 103. Availability of amounts for acquisition of additional vessels 
and aircraft.
Sec. 104. Authorization for certain programs and services.
Sec. 105. Fishing vessel safety.
Sec. 106. Authorized levels of military strength and training.

                         TITLE II--COAST GUARD

Sec. 201. Prohibition on use of lead systems integrators.
Sec. 202. Ports and waterways safety.
Sec. 203. Minor construction increase.
Sec. 204. Tsunami evacuation plans.
Sec. 205. Study on Bering Strait vessel traffic projections and 
emergency response posture at the Port of Point Spencer, Alaska.
Sec. 206. Service life extension programs.
Sec. 207. Underwater inspections brief.
Sec. 208. St. Lucie River railroad bridge.
Sec. 209. Online incident reporting system.
Sec. 210. Maritime Domain Awareness in Coast Guard Sector for Puerto 
Rico and Virgin Islands.
Sec. 211. Public availability of information on monthly drug and 
migrant interdictions.
Sec. 212. Report on establishment of an unmanned systems capabilities 
office.
Sec. 213. Rulemaking regarding port access routes.
Sec. 214. Great Lakes icebreaker.

                          TITLE III--MARITIME

            Subtitle A--American Samoa Mariners Act of 2023

Sec. 301. Merchant seamen licenses, certificates, and documents; 
manning of vessels.

                     Subtitle B--Vessel Operations

Sec. 311. Definitions.
Sec. 312. Notification.
Sec. 313. Publication of fines and penalties.

               Subtitle C--Merchant Mariner Credentialing

Sec. 321. Revising merchant mariner deck training requirements.
Sec. 322. Technical amendments.
Sec. 323. Renewal of merchant mariner licenses and documents.

                       Subtitle D--Vessel Safety

Sec. 331. Grossly negligent operations of a vessel.
Sec. 332. Administrative procedure for security risks.
Sec. 333. Requirements for DUKW amphibious passenger vessels.
Sec. 334. Inspection and examination.

                       Subtitle E--Other Matters

Sec. 341. Anchor handling activities.
Sec. 342. Establishment of a national advisory committee on autonomous 
maritime systems.
Sec. 343. Controlled substance onboard vessels.
Sec. 344. Nonoperating individual.
Sec. 345. Information on type approval certificates.
Sec. 346. Manning and crewing requirements for certain vessels, 
vehicles, and structures.
Sec. 347. Classification societies.

               TITLE IV--OIL POLLUTION INCIDENT LIABILITY

Sec. 401. Vessel response plans.
Sec. 402. Use of marine casualty investigations.
Sec. 403. Timing of review.

       TITLE V--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS

Sec. 501. Technical and conforming amendments.

SEC. 2. COMMANDANT DEFINED.

  In this Act, the term ``Commandant'' means the Commandant of the 
Coast Guard.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

  Section 4902 of title 14, United States Code, is amended--
          (1) in the matter preceding paragraph (1) by striking 
        ``fiscal years 2022 and 2023'' and inserting ``fiscal years 
        2024 and 2025'';
          (2) in paragraph (1)--
                  (A) in subparagraph (A) by striking clauses (i) and 
                (ii) and inserting the following:
                  ``(i) $10,750,000,000 for fiscal year 2024; and
                  ``(ii) $11,287,500,000 for fiscal year 2025.'';
                  (B) in subparagraph (B) by striking ``$23,456,000'' 
                and inserting ``$24,353,000''; and
                  (C) in subparagraph (C) by striking ``$24,353,000'' 
                and inserting ``$25,570,000'';
          (3) in paragraph (2)--
                  (A) in subparagraph (A) by striking clauses (i) and 
                (ii) and inserting the following:
                  ``(i) $3,477,600,000 for fiscal year 2024; and
                  ``(ii) $3,477,600,000 for fiscal year 2025.''; and
                  (B) in subparagraph (B) by striking clauses (i) and 
                (ii) and inserting the following:
                  ``(i) $20,808,000 for fiscal year 2024; and
                  ``(ii) $20,808,000 for fiscal year 2025.'';
          (4) in paragraph (3) by striking subparagraphs (A) and (B) 
        and inserting the following:
                  ``(A) $14,681,084 for fiscal year 2024; and
                  ``(B) $15,415,000 for fiscal year 2025.''; and
          (5) by striking paragraph (4) and inserting the following:
          ``(4) For retired pay, including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this purpose, 
        payments under the Retired Serviceman's Family Protection and 
        Survivor Benefits Plans, payment for career status bonuses, 
        payment of continuation pay under section 356 of title 37, 
        concurrent receipts, combat-related special compensation, and 
        payments for medical care of retired personnel and the 
        dependents of such personnel under chapter 55 of title 10, 
        $1,147,244,000 for fiscal year 2024.''.

SEC. 102. SHORESIDE INFRASTRUCTURE AND FACILITIES AND INFORMATION 
                    TECHNOLOGY.

  (a) In General.--Of the amounts authorized to be appropriated under 
section 4902(2)(A) of title 14, United States Code--
          (1) for fiscal year 2024, $36,300,000 is authorized to 
        modernize the information technology systems of the Coast 
        Guard; and
          (2) for each of fiscal years 2024 and 2025, $400,000,000 is 
        authorized to fund maintenance, construction, and repairs for 
        Coast Guard shoreside infrastructure.
  (b) Information Technology Set-asides.--Of the amounts authorized 
under subsection (a)(1), $11,000,000 is authorized to fund the 
acquisition, development, and implementation of a new credentialing 
system for the merchant mariner credentialing program.
  (c) Shoreside Infrastructure.--Of the amounts authorized to be 
appropriated under section 4902(2)(A) of title 14, United States Code--
          (1) for the purposes of improvements to facilities at the 
        United States Coast Guard Training Center Cape May in Cape May, 
        New Jersey--
                  (A) for fiscal year 2024--
                          (i) $130,000,000 is authorized to fund the 
                        construction of a new indoor multipurpose 
                        recruit training facility; and
                          (ii) $70,000,000 is authorized to fund Phase 
                        II of the barracks' recapitalization; and
                  (B) for fiscal year 2025, $70,000,000 is authorized 
                to fund Phase III of the barracks' recapitalization;
          (2) for each of fiscal years 2024 and 2025, $30,000,000 is 
        authorized to fund Phase I construction of a ship handling 
        facility in the United States Coast Guard Yard in Baltimore, 
        Maryland; and
          (3) for fiscal year 2024, $130,000,000 is authorized to fund 
        Phase I of waterfront improvements of Coast Guard Base Seattle, 
        including environmental remediation consisting of dredging and 
        structural improvements to piers and wharfs necessary to 
        complete the expansion of Base Seattle to homeport 3 Polar 
        Security Cutters in Seattle, Washington.

SEC. 103. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL VESSELS 
                    AND AIRCRAFT.

  Of the amounts authorized to be appropriated under section 4902(2)(A) 
of title 14, United States Code, for fiscal year 2024--
          (1) $400,000,000 is authorized for the acquisition of 4 Fast 
        Response Cutters;
          (2) $125,000,000 is authorized for the acquisition or 
        procurement of an available commercial icebreaker;
          (3) $55,000,000 is authorized for the acquisition of a Great 
        Lakes icebreaker at least as capable as Coast Guard Cutter 
        Mackinaw (WLBB-30);
          (4) $20,000,000 is authorized to procure long lead time 
        materials for a Great Lakes icebreaker at least as capable as 
        Coast Guard Cutter Mackinaw (WLBB-30);
          (5) $30,500,000 is authorized for the program management, 
        design, and acquisition of Pacific Northwest heavy weather 
        boats that are at least as capable as the Coast Guard 52-foot 
        motor surfboat;
          (6) $138,500,000 is authorized for the acquisition or 
        procurement of 1 missionized HC-130J aircraft; and
          (7) $113,000,000 is authorized to outfit and assemble 4 MH-
        60T Jayhawk aircraft.

SEC. 104. AUTHORIZATION FOR CERTAIN PROGRAMS AND SERVICES.

  Of the amounts authorized to be appropriated under section 4902(1)(A) 
of title 14, United States Code, for each of fiscal years 2024 and 
2025--
          (1) $11,978,000 is authorized to fund additional recruiting 
        personnel and offices for the Coast Guard Recruiting Command; 
        and
          (2) $9,000,000 is authorized to enhance Coast Guard 
        recruiting capabilities.

SEC. 105. FISHING VESSEL SAFETY.

  Section 4502 of title 46, United States Code, is amended--
          (1) in subsection (i) by striking paragraph (4) and inserting 
        the following:
          ``(4) Authorization of appropriations.--Out of funds made 
        available under section 4902(1)(A) of title 14, $3,000,000 
        shall be available for each of fiscal years 2024 and 2025 for 
        grants under this subsection.''; and
          (2) in subsection (j) by striking paragraph (4) and inserting 
        the following:
          ``(4) Authorization of appropriations.--Out of funds made 
        available under section 4902(1)(A) of title 14, $3,000,000 
        shall be available for each of fiscal years 2024 and 2025 for 
        grants under this subsection.''.

SEC. 106. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

  Section 4904 of title 14, United States Code, is amended--
          (1) in subsection (a) by striking ``fiscal years 2022 and 
        2023'' and inserting ``fiscal years 2024 and 2025''; and
          (2) in subsection (b) by striking ``fiscal years 2022 and 
        2023'' and inserting ``fiscal years 2024 and 2025''.

                         TITLE II--COAST GUARD

SEC. 201. PROHIBITION ON USE OF LEAD SYSTEMS INTEGRATORS.

  Section 1105 of title 14, United States Code, is amended by adding at 
the end the following:
  ``(c) Definition.--In this section, the term `lead systems 
integrator' has the meaning given such term in section 805(c) of the 
National Defense Authorization Act for Fiscal Year 2006 (Public Law 
109-163).''.

SEC. 202. PORTS AND WATERWAYS SAFETY.

  (a) Waterfront Safety.--Section 70011(a) of title 46, United States 
Code, is amended--
          (1) in paragraph (1) by inserting ``, including damage or 
        destruction resulting from cyber incidents, transnational 
        organized crime, or foreign state threats'' after ``adjacent to 
        such waters''; and
          (2) in paragraph (2) by inserting ``or harm resulting from 
        cyber incidents, transnational organized crime, or foreign 
        state threats'' after ``loss''.
  (b) Regulation of Anchorage and Movement of Vessels During National 
Emergency.--Section 70051 of title 46, United States Code, is amended 
by inserting ``or cyber incidents, or transnational organized crime, or 
foreign state threats,'' after ``threatened war, or invasion, or 
insurrection, or subversive activity,''.
  (c) Facility Visit by State Sponsor of Terrorism.--Section 70011(b) 
of title 46, United States Code, is amended--
          (1) in paragraph (3) by striking ``and'' at the end;
          (2) in paragraph (4) by striking the period at the end and 
        inserting ``; and''; and
          (3) by adding at the end the following:
          ``(5) prohibiting a representative of a government of country 
        that the Secretary of State has determined has repeatedly 
        provided support for acts of international terrorism under 
        section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2371) from visiting a facility for which a facility security 
        plan is required under section 70103(c).''.

SEC. 203. MINOR CONSTRUCTION INCREASE.

  Section 903(d)(1) of title 14, United States Code, is amended by 
striking ``$1,500,000'' and inserting ``$2,000,000''.

SEC. 204. TSUNAMI EVACUATION PLANS.

  (a) Tsunami Evacuation Plans.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Commandant, in consultation with the 
        Administrator of the National Oceanic and Atmospheric 
        Administration and the Administrator of the Federal Emergency 
        Management Agency, shall establish location specific tsunami 
        evacuation plans for each unit and sector of the Coast Guard 
        that has facilities, personnel, or assets located within 
        areas--
                  (A) designated by the Administrator of the National 
                Oceanic and Atmospheric Administration as high risk or 
                very high risk of a United States tsunami hazard; and
                  (B) that are located inside a tsunami inundation 
                zone.
          (2) Evacuation plans.--In establishing the evacuation plans 
        under paragraph (1), the Commandant shall ensure that such 
        plans--
                  (A) are included in the emergency action plans for 
                each unit or sector located inside of a tsunami 
                inundation zone;
                  (B) designate an evacuation route to an assembly area 
                located outside of a tsunami inundation zone;
                  (C) include a map or diagram of all tsunami 
                inundation zone evacuation routes;
                  (D) include evacuation routes for all Coast Guard 
                personnel and dependents of such personnel living in 
                Coast Guard housing;
                  (E) are feasible for all servicemembers and 
                dependents of such servicemembers present on Coast 
                Guard property or living in Coast Guard provided 
                housing;
                  (F) include procedures to begin evacuations once a 
                major seismic event is detected;
                  (G) include evacuation plans for air and water assets 
                that do not impinge on the safety of human life;
                  (H) are able to be completely executed within 15 
                minutes of detection of a seismic event or, if not 
                possible within 15 minutes, within a reasonable 
                timeframe;
                  (I) are able to be completely executed by 
                servicemembers on foot from any location within the 
                tsunami inundation zone;
                  (J) are exercised biennially by each unit and sector 
                located in a tsunami inundation zone; and
                  (K) are evaluated by leadership at each unit and 
                sector located in a tsunami inundation zone annually.
          (3) Consultation.--In establishing the evacuation plans under 
        paragraph (1), the Commandant shall consult local governments.
  (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Commandant shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate, 
and provide a briefing to each such Committee on, a report on--
          (1) the status of the implementation and feasibility of the 
        plans established under subsection (a)(1);
          (2) a risk evaluation and vulnerability assessment of the 
        infrastructure and assets located within tsunami inundation 
        zones;
          (3) the need for vertical evacuation structures for units and 
        sectors in which an evacuation of a tsunami inundation zone 
        cannot be completed on foot within 15 minutes of the detection 
        of a seismic event; and
          (4) whether the plans established under subsection (a)(1) 
        achieve the purpose to protect human life and ensure the 
        ability for the Coast Guard to provide search and rescue 
        operations following a tsunami event in the area.
  (c) Definitions.--In this section:
          (1) Seismic event.--The term ``seismic event'' means an 
        earthquake, volcanic eruption, submarine landslide, coastal 
        rockfall, or other event with the magnitude to cause a tsunami.
          (2) Tsunami inundation zone.--The term ``tsunami inundation 
        zone'' means an area of inland flooding modeled, predicted, or 
        forecasted as a potential result of a tsunami or seismic event.
          (3) Vertical evacuation structure.--The term ``vertical 
        evacuation structure'' means an elevated structure above the 
        tsunami inundation zone designated as a place of refuge from 
        flood waters.

SEC. 205. STUDY ON BERING STRAIT VESSEL TRAFFIC PROJECTIONS AND 
                    EMERGENCY RESPONSE POSTURE AT THE PORT OF POINT 
                    SPENCER, ALASKA.

  (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Commandant shall seek to enter into an agreement with 
the National Academies of Science, Engineering, and Medicine, under 
which the Marine Board of the Transportation Research Board (in this 
section referred to as the ``Board'') shall conduct a study to--
          (1) analyze commercial vessel traffic that transits through 
        the Bering Strait and projections for the growth of such 
        traffic during the 10-year period beginning after such date of 
        enactment; and
          (2) assess the adequacy of emergency response capabilities 
        and infrastructure at the Port of Point Spencer, Alaska, to 
        address navigation safety risks and geographic challenges 
        necessary to conduct emergency maritime response operations in 
        the Arctic environment.
  (b) Elements.--The study required under subsection (a) shall include 
the following:
          (1) An analysis of the volume and types of domestic and 
        international commercial vessel traffic through the Bering 
        Strait and the projected growth of such traffic, including a 
        summary of--
                  (A) the sizes, ages, and flag states of vessels; and
                  (B) the oil and product tankers that are--
                          (i) in transit to or from Russia or China; or
                          (ii) owned or operated by a Russian or 
                        Chinese entity.
          (2) An assessment of the state and adequacy of vessel traffic 
        services and oil spill and emergency response capabilities in 
        the vicinity of the Bering Strait, including its approaches.
          (3) A risk assessment of the projected growth in commercial 
        vessel traffic in the Bering Strait and higher probability of 
        increased frequency in the number of maritime accidents, 
        including spill events, and the potential impacts to the Arctic 
        maritime environment and Native Alaskan village communities in 
        the vicinity of the Bering Strait.
          (4) An evaluation of the ability of the Port of Point 
        Spencer, Alaska to serve as a port of refuge and as a staging, 
        logistics, and operations center to conduct and support 
        maritime emergency and spill response activities.
          (5) Recommendations for practical actions that can be taken 
        by the Congress, Federal agencies, the State of Alaska, vessel 
        carriers and operators, the marine salvage and emergency 
        response industry, and other relevant stakeholders to mitigate 
        risks, upgrade infrastructure, and improve the posture of the 
        Port of Point Spencer, Alaska, to function as a strategic 
        staging and logistics center for maritime emergency and spill 
        response operations in the Bering Strait region.
  (c) Consultation.--In conducting the study required under subsection 
(a), the Board shall consult with--
          (1) the Department of Transportation;
          (2) the Corps of Engineers;
          (3) the National Transportation Safety Board;
          (4) relevant ministries of the government of Canada;
          (5) the Port Coordination Council for the Port of Point 
        Spencer; and
          (6) non-government entities with relevant expertise in 
        monitoring and characterizing vessel traffic in the Arctic.
  (d) Report.--Not later than 1 year after initiating the study under 
subsection (a), the Board shall submit to the appropriate committees of 
Congress a report containing the findings and recommendations of the 
study.
  (e) Definitions.--In this section:
          (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                  (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                  (B) Committee on Transportation and Infrastructure of 
                the House of Representatives.
          (2) Arctic.--The term ``Arctic'' has the meaning given such 
        term in section 112 of the Arctic Research and Policy Act of 
        1984 (15 U.S.C. 4111).
          (3) Port coordination council for the port of point 
        spencer.--The term ``Port Coordination Council for the Port of 
        Point Spencer'' means the Council established under section 541 
        of the Coast Guard Authorization Act of 2015 (Public Law 114-
        120).

SEC. 206. SERVICE LIFE EXTENSION PROGRAMS.

  (a) In General.--Subchapter II of chapter 11 of title 14, United 
States Code, is amended by adding at the end the following:

``Sec. 1138. Service life extension programs

  ``(a) In General.--Requirements for a Level 1 or Level 2 acquisition 
project or program under sections 1131 through 1134 shall not apply to 
an acquisition by the Coast Guard that is a service life extension 
program.
  ``(b) Definition.--In this section, the term `service life extension 
program' means a capital investment that is solely intended to extend 
the service life and address obsolescence of components or systems of a 
particular capability or asset.''.
  (b) Clerical Amendment.--The analysis for chapter 11 of such title is 
amended by inserting after the item relating to section 1137 the 
following:

``1138. Service life extension programs.''.

SEC. 207. UNDERWATER INSPECTIONS BRIEF.

  Not later than 30 days after the date of enactment of this Act, the 
Commandant, or a designated individual, shall brief the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate on 
the underwater inspection in lieu of drydock program established under 
section 176.615 of title 46, Code of Federal Regulations (as in effect 
on the date of enactment of this Act).

SEC. 208. ST. LUCIE RIVER RAILROAD BRIDGE.

  Regarding Docket Number USCG-2022-0222, before adopting a final rule, 
the Commandant of the Coast Guard shall conduct an independent boat 
traffic study at mile 7.4 of the St. Lucie River.

SEC. 209. ONLINE INCIDENT REPORTING SYSTEM.

  (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the National Response Center shall--
          (1) develop an online capacity through a web-based 
        application to receive a notification of an oil discharge or 
        release of a hazardous substance; and
          (2) allow any such notification to the National Response 
        Center that is required under Federal law or regulation to be 
        made online using the application.
  (b) Use of Application.--In carrying out subsection (a), the National 
Response Center may not require the notification of an oil discharge or 
release of a hazardous substance to be made using the application 
developed under such subsection.

SEC. 210. MARITIME DOMAIN AWARENESS IN COAST GUARD SECTOR FOR PUERTO 
                    RICO AND VIRGIN ISLANDS.

  Not later than 180 days after the date of enactment of this Act, the 
Commandant shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report 
containing--
          (1) an overview of the maritime domain awareness in the area 
        of responsibility of the Coast Guard sector responsible for 
        Puerto Rico and the United States Virgin Islands, including--
                  (A) the average volume of known maritime traffic that 
                transited the area during fiscal years 2020 through 
                2023;
                  (B) current sensor platforms deployed by such sector 
                to monitor illicit activity occurring at sea in such 
                area;
                  (C) the number of illicit activity incidents at sea 
                in such area that the sector responded to during fiscal 
                years 2020 through 2023;
                  (D) an estimate of the volume of traffic engaged in 
                illicit activity at sea in such area and the type and 
                description of any vessels used to carry out illicit 
                activities that such sector responded to during fiscal 
                years 2020 through 2023; and
                  (E) the maritime domain awareness requirements to 
                effectively meet the mission of such sector;
          (2) a description of current actions taken by the Coast Guard 
        to partner with Federal, regional, State, and local entities to 
        meet the maritime domain awareness needs of such area;
          (3) a description of any gaps in maritime domain awareness 
        within the area of responsibility of such sector resulting from 
        an inability to meet the enduring maritime domain awareness 
        requirements of the sector or adequately respond to maritime 
        disorder, including illicit drug and migrant activity;
          (4) an identification of current technology and assets the 
        Coast Guard has to mitigate the gaps identified in paragraph 
        (3);
          (5) an identification of capabilities needed to mitigate such 
        gaps, including any capabilities the Coast Guard currently 
        possesses that can be deployed to the sector;
          (6) an identification of technology and assets the Coast 
        Guard does not currently possess and are needed to acquire in 
        order to address such gaps; and
          (7) an identification of any financial obstacles that prevent 
        the Coast Guard from deploying existing commercially available 
        sensor technology to address such gaps.

SEC. 211. PUBLIC AVAILABILITY OF INFORMATION ON MONTHLY DRUG AND 
                    MIGRANT INTERDICTIONS.

  (a) In General.--Section 11269 of the Don Young Coast Guard 
Authorization Act of 2022 (Public Law 117-263) is--
          (1) transferred to appear at the end of subchapter II of 
        chapter 5 of title 14, United States Code;
          (2) redesignated as section 529; and
          (3) amended--
                  (A) by striking the section enumerator and heading 
                and inserting the following:

``Sec. 529. Public availability of information on monthly drug and 
                    migrant interdictions'';

                  (B) by striking ``Not later than'' and inserting the 
                following:
  ``(a) In General.--Not later than'';
                  (C) by inserting ``drug and'' before ``migrant 
                interdictions''; and
                  (D) by adding at the end the following:
  ``(b) Contents.--In making information about interdictions publicly 
available under subsection (a), the Commandant shall include a 
description of the following:
          ``(1) The number of incidents in which drugs were 
        interdicted, the amount and type of drugs interdicted, and the 
        Coast Guard sectors and geographic areas of responsibility in 
        which such incidents occurred.
          ``(2) The number of incidents in which migrants were 
        interdicted, the number of migrants interdicted, and the Coast 
        Guard sectors and geographic areas of responsibility in which 
        such incidents occurred.''.
  (b) Clerical Amendments.--
          (1) The analysis for chapter 5 of title 14, United States 
        Code, is amended by inserting after the item relating to 
        section 528 the following:

``529. Public availability of information on monthly drug and migrant 
interdictions.''.

          (2) The table of sections in section 11001(b) of the Don 
        Young Coast Guard Authorization Act of 2022 (division K of 
        Public Law 117-263) is amended by striking the item relating to 
        section 11269.

SEC. 212. REPORT ON ESTABLISHMENT OF AN UNMANNED SYSTEMS CAPABILITIES 
                    OFFICE.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, the Commandant shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report that outlines a plan for establishing an unmanned systems 
capabilities office within the Coast Guard responsible for the 
acquisition and development of unmanned system and counter-unmanned 
system technologies and to expand the capabilities of the Coast Guard 
with respect to such technologies
  (b) Contents.--The report required under subsection (a) shall include 
the following:
          (1) A management strategy for the acquisition, development, 
        and deployment of unmanned system and counter-unmanned system 
        technologies.
          (2) A service-wide coordination strategy to synchronize and 
        integrate efforts across the Coast Guard in order to--
                  (A) support the primary duties of the Coast Guard 
                pursuant to section 102 of title 14, United States 
                Code; and
                  (B) pursue expanded research, development, testing, 
                and evaluation opportunities and funding to expand and 
                accelerate identification and transition of unmanned 
                system and counter-unmanned system technologies.
          (3) The identification of contracting and acquisition 
        authorities needed to expedite the development and deployment 
        of unmanned system and counter-unmanned system technologies.
          (4) A detailed list of commercially available unmanned system 
        and counter-unmanned system technologies with capabilities 
        determined to be useful for the Coast Guard.
          (5) A cross-agency collaboration plan to engage with the 
        Department of Homeland Security, the Department of Defense, and 
        other relevant agencies to identify common requirements and 
        opportunities to partner in acquiring, contracting, and 
        sustaining unmanned system and counter-unmanned system 
        capabilities.
          (6) Opportunities to obtain and share unmanned system data 
        from government and commercial sources to improve maritime 
        domain awareness.
          (7) The development of a concept of operations for a data 
        ecosystem that supports and integrates unmanned system and 
        counter-unmanned system technologies with key enablers, 
        including enterprise communications networks, data storage and 
        management, artificial intelligence and machine learning tools, 
        and information sharing and dissemination capabilities.
  (c) Definitions.--In this section:
          (1) Counter-unmanned system.--The term ``counter-unmanned 
        system'' means a system or device capable of lawfully and 
        safely disabling, disrupting, or seizing control of an unmanned 
        system, including a counter-UAS system (as defined in section 
        44801 of title 49, United States Code).
          (2) Unmanned system.--The term ``unmanned system'' means an 
        unmanned surface, undersea, or aircraft and associated elements 
        (including communication links and the components that control 
        the unmanned system) that are required for the operator to 
        operate the system safely and efficiently, including an 
        unmanned aircraft system (as defined in section 44801 of title 
        49, United States Code).

SEC. 213. RULEMAKING REGARDING PORT ACCESS ROUTES.

  Not later than December 31, 2023, the Secretary of the department in 
which the Coast Guard is operating shall issue a final rule for the 
Atlantic Coast Port Route Access Study for which an Advanced Notice of 
Proposed Rulemaking title ``Shipping Safety Fairways Along the Atlantic 
Coast'' was issued on June 19, 2020.

SEC. 214. GREAT LAKES ICEBREAKER.

  Not later than 30 days after the date of enactment of this Act, the 
Commandant shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a strategy 
detailing how the Coast Guard will complete design and construction of 
the Great Lakes icebreaker at least as capable as the Coast Guard 
Cutter Mackinaw (WLBB-30) in not more than 3 years after funding is 
provided for such icebreaker.

                          TITLE III--MARITIME

            Subtitle A--American Samoa Mariners Act of 2023

SEC. 301. MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS; 
                    MANNING OF VESSELS.

  (a) Citizenship or Noncitizen Nationality.--
          (1) In general.--Section 7102 of title 46, United States 
        Code, is amended--
                  (A) in the section heading by inserting ``or 
                noncitizen nationality'' after ``Citizenship''; and
                  (B) by inserting ``or noncitizen nationals (as such 
                term is described in section 308 of the Immigration and 
                Nationality Act (8 U.S.C. 1408)'' after ``citizens''.
          (2) Clerical amendment.--The analysis for chapter 71 of title 
        46, United States Code, is amended by striking the item 
        relating to section 7102 and inserting the following:

``7102. Citizenship or noncitizen nationality.''.

  (b) Citizenship or Noncitizen Nationality Notation on Merchant 
Mariners' Documents.--
          (1) In general.--Section 7304 of title 46, United States 
        Code, is amended--
                  (A) in the section heading by inserting ``or 
                noncitizen nationality'' after ``Citizenship''; and
                  (B) by inserting ``or noncitizen national (as such 
                term is described in section 308 of the Immigration and 
                Nationality Act (8 U.S.C. 1408)'' after ``citizen''.
          (2) Clerical amendment.--The analysis for chapter 73 of title 
        46, United States Code, is amended by striking the item 
        relating to section 7304 and inserting the following:

``7304. Citizenship or nationalization notation on merchant mariners' 
documents.''.

  (c) Citizenship or Noncitizen Nationality.--
          (1) In general.--Section 8103 of title 46, United States 
        Code, is amended--
                  (A) in the section heading by inserting ``or 
                noncitizen nationality'' after ``Citizenship'';
                  (B) in subsection (a) by inserting ``or noncitizen 
                national'' after ``citizen'';
                  (C) in subsection (b)--
                          (i) in paragraph (1)(A)(i) by inserting ``or 
                        noncitizen national'' after ``citizen'';
                          (ii) in paragraph (3) by inserting ``or 
                        noncitizen nationality'' after ``citizenship''; 
                        and
                          (iii) in paragraph (3)(C) by inserting ``or 
                        noncitizen nationals'' after ``citizens'';
                  (D) in subsection (c) by inserting ``or noncitizen 
                nationals'' after ``citizens'';
                  (E) in subsection (d)--
                          (i) in paragraph (1) by inserting ``or 
                        noncitizen nationals'' after ``citizens''; and
                          (ii) in paragraph (2) by inserting ``or 
                        noncitizen national'' after ``citizen'' each 
                        place it appears;
                  (F) in subsection (e) by inserting ``or noncitizen 
                national'' after ``citizen'' each place it appears;
                  (G) in subsection (i)(1)(A) by inserting ``or 
                noncitizen national'' after ``citizen'';
                  (H) in subsection (k)(1)(A) by inserting ``or 
                noncitizen national'' after ``citizen''; and
                  (I) by adding at the end the following:
  ``(l) Noncitizen National Defined.--In this section, the term 
`noncitizen national' means an individual described in section 308 of 
the Immigration and Nationality Act (8 U.S.C. 1408).''.
          (2) Clerical amendment.--The analysis for chapter 81 of title 
        46, United States Code, is amended by striking the item 
        relating to section 8103 and inserting the following:

``8103. Citizenship or noncitizen nationality and Navy Reserve 
requirements.''.

  (d) Command of Documented Vessels.--Section 12131(a) of title 46, 
United States Code, is amended by inserting ``or noncitizen national 
(as such term is described in section 308 of the Immigration and 
Nationality Act (8 U.S.C. 1408))'' after ``citizen''.
  (e) Invalidation of Certificates of Documentation.--Section 12135(2) 
of title 46, United States Code, is amended by inserting ``or 
noncitizen national (as such term is described in section 308 of the 
Immigration and Nationality Act (8 U.S.C. 1408))'' after ``citizen''.

                     Subtitle B--Vessel Operations

SEC. 311. DEFINITIONS.

  In this subtitle:
          (1) Outer continental shelf.--The term ``outer Continental 
        Shelf'' has the meaning given such term in section 2 of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1331).
          (2) Ruling letter.--The term ``ruling letter'' means any 
        ruling letter or headquarters ruling letter relating to the 
        enforcement of chapters 121 and 551 of title 46, United States 
        Code (commonly referred to as the ``Jones Act''), issued by the 
        Commissioner of U.S. Customs and Border Protection pursuant to 
        sections 502(a) or 625 of the Tariff Act of 1930 (19 U.S.C. 
        1502(a) and 1625).
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        Homeland Security, acting through the Commissioner of U.S. 
        Customs and Border Protection.

SEC. 312. NOTIFICATION.

  (a) Advance Notification Required.--Prior to engaging in any activity 
or operations on the outer Continental Shelf, the operator of a foreign 
vessel used in such activity or operations shall file with the 
Secretary a notification describing all activities and operations to be 
performed on the outer Continental Shelf and an identification of 
applicable ruling letters issued by the Secretary that have approved 
the use of a foreign vessel in a substantially similar activity or 
operation.
  (b) Publication of Notices.--
          (1) Publication.--The Secretary shall publish a notification 
        under subsection (a) in the Customs Bulletin and Decisions 
        within 14 days of receipt of such notification.
          (2) Confidential information.--The Secretary shall redact any 
        information exempt from disclosure under section 552 of title 
        5, United States Code, in a notification published under 
        paragraph (1).

SEC. 313. PUBLICATION OF FINES AND PENALTIES.

  (a) In General.--Section 55102 of title 46, United States Code, is 
amended by adding at the end the following:
  ``(d) Publication of Penalty.--
          ``(1) In general.--Not later than 14 days after the issuance 
        of a pre-penalty notice or a penalty, including a settlement, 
        under subsection (c), the Secretary of Homeland Security shall 
        publish such pre-penalty notice or a notification of such 
        penalty in the Customs Bulletin and Decisions to the party 
        impacted by the penalty.
          ``(2) Contents.--A pre-penalty notice or penalty notification 
        published under paragraph (1) shall include--
                  ``(A) the name and the International Maritime 
                Organization identification number of the vessel that 
                is the subject of the penalty;
                  ``(B) the name of the owner of the vessel that is the 
                subject of the penalty;
                  ``(C) the amount of the fine or value of merchandise 
                seized; and
                  ``(D) a summary of the alleged misconduct and 
                justification for imposing a penalty.''.
  (b) Rulemaking.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall issue such regulations as are 
necessary to implement the amendments made by subsection (a), 
including--
          (1) regulations regarding the information to be contained in 
        a penalty notification under section 55102(d) of title 46, 
        United States Code (as amended by such subsection); and
          (2) any changes to existing regulations relating to penalties 
        issued by the Secretary.

               Subtitle C--Merchant Mariner Credentialing

SEC. 321. REVISING MERCHANT MARINER DECK TRAINING REQUIREMENTS.

  (a) General Definitions.--Section 2101 of title 46, United States 
Code, is amended--
          (1) by redesignating paragraphs (20) through (56) as 
        paragraphs (21) through (57), respectively; and
          (2) by inserting after paragraph (19) the following:
          ``(20) `merchant mariner credential' means a merchant mariner 
        license, certificate, or document that the Secretary is 
        authorized to issue pursuant to this title.''.
  (b) Examinations.--Section 7116 of title 46, United States Code, is 
amended by striking subsection (c).
  (c) Merchant Mariners Documents.--
          (1) General requirements.--Section 7306 of title 46, United 
        States Code, is amended to read as follows:

``Sec. 7306. General requirements and classifications for members of 
                    deck departments

  ``(a) In General.--The Secretary may issue a merchant mariner 
credential, to members of the deck department in the following classes:
          ``(1) Able Seaman-Unlimited.
          ``(2) Able Seaman-Limited.
          ``(3) Able Seaman-Special.
          ``(4) Able Seaman-Offshore Supply Vessels.
          ``(5) Able Seaman-Sail.
          ``(6) Able Seaman-Fishing Industry.
          ``(7) Ordinary Seaman.
  ``(b) Classification of Credentials.--The Secretary may classify the 
merchant mariner credential issued under subsection (a) based on--
          ``(1) the tonnage and means of propulsion of vessels;
          ``(2) the waters on which vessels are to be operated; or
          ``(3) other appropriate standards.
  ``(c) Considerations.--In issuing the credential under subsection 
(a), the Secretary may consider the following qualifications of the 
merchant mariner:
          ``(1) Age.
          ``(2) Character.
          ``(3) Habits of life.
          ``(4) Experience.
          ``(5) Professional qualifications demonstrated by 
        satisfactory completion of applicable examinations or other 
        educational requirements.
          ``(6) Physical condition, including sight and hearing.
          ``(7) Other requirements established by the Secretary, 
        including career patterns and service appropriate to the 
        particular service, industry, or job functions the individual 
        is engaged.''.
          (2) Clerical amendment.--The analysis for chapter 73 of title 
        46, United States Code, is amended by striking the item 
        relating to section 7306 and inserting the following:

``7306. General requirements and classifications for members of deck 
departments.''.

          (3) Able seamen-unlimited.--Section 7307 of title 46, United 
        States Code, is amended by striking ``3 years''' and inserting 
        ``18 months'''.
          (4) Able seamen-limited.--Section 7308 of title 46, United 
        States Code, is amended by striking ``18 months''' and 
        inserting ``12 months'''.
          (5) General requirements for members of engine departments.--
        Section 7313(b) of title 46, United States Code, is amended by 
        striking ``and coal passer''.
          (6) Training.--Section 7315 of title 46, United States Code, 
        is amended--
                  (A) by amending subsection (a) to read as follows:
  ``(a) Graduation from a nautical school program approved by the 
Secretary may be substituted for the service requirements under 
sections 7307-7312 and 7314.'';
                  (B) in subsection (b)--
                          (i) by striking ``one-third'' and inserting 
                        ``one-half''; and
                          (ii) by striking ``7307-7311 of this title'' 
                        and inserting ``7307-7312 and 7314''; and
                  (C) by striking subsection (c).
  (d) Merchant Mariner Credentials.--Section 7510 of title 46, United 
States Code, is amended by striking subsection (d).
  (e) Implementation.--The Secretary of the department in which the 
Coast Guard is operating shall implement the amended requirements under 
subsections (c)(3), (c)(4), and (c)(6) of this section without regard 
to chapters 5 and 6 of title 5, United States Code, and Executive 
Orders 12866 and 13563 (5 U.S.C. 601 note).

SEC. 322. TECHNICAL AMENDMENTS.

  (a) In General.--The heading for part E of subtitle II of title 46, 
United States Code, is amended by striking ``merchant seamen 
licenses, certificates, and documents'' and 
inserting ``merchant mariner credentials''.
  (b) Able Seafarers--Unlimited.--
          (1) In general.--The section heading for section 7307 of 
        title 46, United States Code, is amended by striking ``seamen'' 
        and inserting ``seafarers''.
          (2) Clerical amendment.--The analysis for chapter 73 of title 
        46, United States Code, is further amended in the item relating 
        to section 7307 by striking ``seamen'' and inserting 
        ``seafarers''.
  (c) Able Seamen--Limited.--
          (1) In general.--The section heading for section 7308 of 
        title 46, United States Code, is amended by striking ``seamen'' 
        and inserting ``seafarers''.
          (2) Clerical amendment.--The analysis for chapter 73 of title 
        46, United States Code, is further amended in the item relating 
        to section 7308 by striking ``seamen'' and inserting 
        ``seafarers''.
  (d) Able Seafarers--Special.--
          (1) In general.--The section heading for section 7309 of 
        title 46, United States Code, is amended by striking ``seamen'' 
        and inserting ``seafarers''.
          (2) Clerical amendment.--The analysis for chapter 73 of title 
        46, United States Code, is further amended in the item relating 
        to section 7309 by striking ``seamen'' and inserting 
        ``seafarers''.
  (e) Able Seafarers--Offshore Supply Vessels.--
          (1) In general.--The section heading for section 7310 of 
        title 46, United States Code, is amended by striking ``seamen'' 
        and inserting ``seafarers''.
          (2) Clerical amendment.--The analysis for chapter 73 of title 
        46, United States Code, is further amended in the item relating 
        to section 7310 by striking ``seamen'' and inserting 
        ``seafarers''.
  (f) Able Seafarers--Sail.--
          (1) In general.--The section heading for section 7311 of 
        title 46, United States Code, is amended by striking ``seamen'' 
        and inserting ``seafarers''.
          (2) Clerical amendment.--The analysis for chapter 73 of title 
        46, United States Code, is further amended in the item relating 
        to section 7311 by striking ``seamen'' and inserting 
        ``seafarers''.
  (g) Able Seamen--Fishing Industry.--
          (1) In general.--The section heading for section 7311a of 
        title 46, United States Code, is amended by striking ``seamen'' 
        and inserting ``seafarers''.
          (2) Clerical amendment.--The analysis for chapter 73 of title 
        46, United States Code, is further amended in the item relating 
        to section 7311a by striking ``seamen'' and inserting 
        ``seafarers''.
  (h) Parts E and F.--Parts E and F of subtitle II of title 46, United 
States Code, is amended--
          (1) by striking ``seaman'' and inserting ``seafarer'' each 
        place it appears; and
          (2) by striking ``seamen'' and inserting ``seafarers'' each 
        place it appears.
  (i) Clerical Amendments.--The analysis for subtitle II of title 46, 
United States Code, is amended--
          (1) in the item relating to subtitle II by striking 
        ``Seamen'' and inserting ``Seafarer''; and
          (2) in the item relating to part E by striking 
        ``merchant seamen licenses, 
        certificates, and documents'' and inserting 
        ``merchant mariner credentials''.

SEC. 323. RENEWAL OF MERCHANT MARINER LICENSES AND DOCUMENTS.

  Section 7507 of title 46, United States Code, is amended by adding at 
the end the following:
  ``(d) Renewal.--With respect to any renewal of an active merchant 
mariner credential issued under this part that is not an extension 
under subsection (a) or (b), such credential shall begin the day after 
the expiration of the active credential of the credential holder.''.

                       Subtitle D--Vessel Safety

SEC. 331. GROSSLY NEGLIGENT OPERATIONS OF A VESSEL.

  Section 2302(b) of title 46, United States Code, is amended to read 
as follows:
  ``(b) Grossly Negligent Operation.--
          ``(1) Misdemeanor.--A person operating a vessel in a grossly 
        negligent manner that endangers the life, limb, or property of 
        a person commits a class A misdemeanor.
          ``(2) Felony.--A person operating a vessel in a grossly 
        negligent manner that results in serious bodily injury, as 
        defined in section 1365(h)(3) of title 18--
                  ``(A) commits a class E felony; and
                  ``(B) may be assessed a civil penalty of not more 
                than $35,000.''.

SEC. 332. ADMINISTRATIVE PROCEDURE FOR SECURITY RISKS.

  (a) Security Risk.--Section 7702(d)(1) of title 46, United States 
Code, is amended--
          (1) in subparagraph (B) by redesignating clauses (i) through 
        (iv) as subclauses (I) through (IV), respectively (and by 
        conforming the margins accordingly);
          (2) by redesignating subparagraphs (A) and (B) as clauses (i) 
        and (ii), respectively (and by conforming the margins 
        accordingly);
          (3) by striking ``an individual if--'' and inserting the 
        following: ``an individual--
          ``(A) if--''; and
          (4) in subparagraph (A)(ii)(IV), as so redesignated, by 
        striking the period at the end and inserting ``; or''; and
          (5) by adding at the end the following:
          ``(B) if there is probable cause to believe that the 
        individual has violated company policy and is a security risk 
        that poses a threat to other individuals on the vessel.''.
  (b) Technical Amendment.--Section 2101(47)(B) of title 46, United 
States Code (as so redesignated), is amended by striking ``; and'' and 
inserting ``; or''.

SEC. 333. REQUIREMENTS FOR DUKW AMPHIBIOUS PASSENGER VESSELS.

  Section 11502 of the James H. Inhofe National Defense Authorization 
Act for Fiscal Year 2023 (Public Law 117-263) is amended--
          (1) in the section header by striking ``dukw amphibious 
        passenger vessels'' and inserting ``commercial amphibious small 
        passenger vessels'';
          (2) by striking ``DUKW amphibious passenger vessel'' each 
        place it appears and inserting ``commercial amphibious small 
        passenger vessel'';
          (3) by striking ``DUKW amphibious passenger vessels'' each 
        place it appears and inserting ``commercial amphibious small 
        passenger vessels'';
          (4) in subsection (h)--
                  (A) by striking ``Definitions'' and all that follows 
                through ``The term `appropriate congressional 
                committees''' and inserting ``Appropriate Congressional 
                Committees Defined.--In this section, the term 
                `appropriate congressional committees'''; and
                  (B) by striking paragraph (2); and
          (5) by adding at the end the following:
  ``(i) Application.--This section shall apply to amphibious vessels 
operating as a small passenger vessel in waters subject to the 
jurisdiction of the United States, as such term is defined in section 
2.38 of title 33, Code of Federal Regulations (as in effect on the date 
of enactment of the Coast Guard Authorization Act of 2023).''.

SEC. 334. INSPECTION AND EXAMINATION.

  Section 3714 of title 46, United States Code, is amended--
          (1) in subsection (a)(1) by striking ``The Secretary'' and 
        inserting ``Except as provided in subsection (c), the 
        Secretary'';
          (2) by redesignating subsection (c) as subsection (d); and
          (3) by inserting after subsection (b) the following:
  ``(c)(1) With respect to examinations of liquefied natural gas tank 
vessels and vessels that carry bulk liquefied gases as cargo, including 
examinations under section 153.808 and part 154 of title 46, Code of 
Federal Regulations (as in effect on the date of enactment of the Coast 
Guard Authorization Act of 2023), the Secretary may adopt a risk-based 
examination schedule to which such vessels are to be examined and the 
frequency with which such examinations occur.
  ``(2) The Secretary may not adopt a risk-based examination schedule 
under paragraph (1) until the Secretary has--
          ``(A) received and reviewed the National Academies study 
        required under section 8254(b) of the William M. (Mac) 
        Thornberry National Defense Authorization Act for Fiscal Year 
        2021 (Public Law 116-283);
          ``(B) conducted the assessment recommended in the Government 
        Accountability Office report submitted under section 8254(a) of 
        such Act;
          ``(C) concluded through such assessment that a risk-based 
        examination schedule provides not less than the level of safety 
        provided by the annual examinations required under subsection 
        (a)(1); and
          ``(D) provided the results of such assessment to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.''.

                       Subtitle E--Other Matters

SEC. 341. ANCHOR HANDLING ACTIVITIES.

  Section 12111(d)(1) of title 46, United States Code, is amended--
          (1) in subparagraph (A) by inserting ``or other energy 
        production or transmission facility, or vessel engaged in the 
        launch, recovery, or support of commercial space transportation 
        or space exploration activities'' after ``drilling unit''; and
          (2) in subparagraph (B) by inserting ``or other energy 
        production or transmission facility, or vessel engaged in the 
        launch, recovery, or support of commercial space transportation 
        or space exploration activities'' after ``drilling unit''.

SEC. 342. ESTABLISHMENT OF A NATIONAL ADVISORY COMMITTEE ON AUTONOMOUS 
                    MARITIME SYSTEMS.

  (a) In General.--Chapter 151 of title 46, United States Code, is 
amended by adding at the end the following:

``Sec. 15110. Establishment of a national advisory committee on 
                    autonomous maritime systems

  ``(a) Establishment.--There is established a National Advisory 
Committee on Autonomous Maritime Systems (in this section referred to 
as the `Committee').
  ``(b) Function.--The Committee shall advise the Secretary on matters 
relating to the regulation and use of Autonomous Systems within the 
territorial waters of the United States.
  ``(c) Membership.--
          ``(1) In general.--The Committee shall consist of 8 members 
        appointed by the Secretary in accordance with this section and 
        section 15109.
          ``(2) Expertise.--Each member of the Committee shall have 
        particular expertise, knowledge, and experience in matters 
        relating to the function of the Committee.
          ``(3) Representation.--Each of the following groups shall be 
        represented by at least 1 member on the Committee:
                  ``(A) Marine safety or security entities.
                  ``(B) Vessel design and construction entities.
                  ``(C) Entities engaged in the production or research 
                of unmanned vehicles, including drones, autonomous or 
                semi-autonomous vehicles, or any other product or 
                service integral to the provision, maintenance, or 
                management of such products or services.
                  ``(D) Port districts, authorities, or terminal 
                operators.
                  ``(E) Vessel operators.
                  ``(F) National labor unions representing merchant 
                mariners.
                  ``(G) Maritime pilots.
                  ``(H) Commercial space transportation operators.
                  ``(I) Academic institutions.''.
  (b) Clerical Amendments.--The analysis for chapter 151 of title 46, 
United States Code, is amended by adding at the end the following:

``15110. Establishment of a national advisory committee on autonomous 
maritime systems.''.

  (c) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of the department in which the 
Coast Guard is operating shall establish the Committee under section 
15110 of title 46, United States Code (as added by this section).

SEC. 343. CONTROLLED SUBSTANCE ONBOARD VESSELS.

  Section 70503(a) of title 46, United States Code, is amended--
          (1) in the matter preceding paragraph (1) by striking ``While 
        on board a covered vessel, an individual'' and inserting ``An 
        individual'';
          (2) by amending paragraph (1) to read as follows:
          ``(1) manufacture or distribute, possess with intent to 
        manufacture or distribute, or place or cause to be placed with 
        intent to manufacture or distribute a controlled substance on 
        board a covered vessel;''; and
          (3) in paragraph (2) by inserting ``aboard a covered vessel'' 
        after ``Comprehensive Drug Abuse Prevention and Control Act of 
        1970 (21 U.S.C. 881(a))''.

SEC. 344. NONOPERATING INDIVIDUAL.

  Section 8313(b) of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended 
by striking ``2025'' and inserting ``2027''.

SEC. 345. INFORMATION ON TYPE APPROVAL CERTIFICATES.

  (a) In General.--Title IX of the Frank LoBiondo Coast Guard 
Authorization Act of 2018 (Public Law 115-282) is amended by adding at 
the end the following:

``SEC. 904. INFORMATION ON TYPE APPROVAL CERTIFICATES.

  ``The Commandant of the Coast Guard shall, upon request by any State, 
the District of Columbia, or any territory of the United States, 
provide all data possessed by the Coast Guard pertaining to challenge 
water quality characteristics, challenge water biological organism 
concentrations, post-treatment water quality characteristics, and post-
treatment biological organism concentrations data for a ballast water 
management system with a type approval certificate approved by the 
Coast Guard pursuant to subpart 162.060 of title 46, Code of Federal 
Regulations.''.
  (b) Clerical Amendment.--The table of contents for the Frank LoBiondo 
Coast Guard Authorization Act of 2018 (Public Law 115-282) is amended 
by inserting after the item relating to section 903 the following:

``Sec. 904. Information on type approval certificates.''.

SEC. 346. MANNING AND CREWING REQUIREMENTS FOR CERTAIN VESSELS, 
                    VEHICLES, AND STRUCTURES.

  (a) Authorization of Limited Exemptions From Manning and Crew 
Requirement.--Chapter 81 of title 46, United States Code, is amended by 
adding at the end the following:

``Sec. 8109. Exemptions from manning and crew requirements

  ``(a) In General.--The Secretary may provide an exemption described 
in subsection (b) to the owner or operator of a covered facility if 
each individual who is manning or crewing the covered facility is--
          ``(1) a citizen of the United States;
          ``(2) an alien lawfully admitted to the United States for 
        permanent residence; or
          ``(3) a citizen of the nation under the laws of which the 
        vessel is documented.
  ``(b) Requirements for Eligibility for Exemption.--An exemption under 
this subsection is an exemption from the regulations established 
pursuant to section 302(a)(3) of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1356(a)(3)).
  ``(c) Limitations.--An exemption under this section--
          ``(1) shall provide that the number of individuals manning or 
        crewing the covered facility who are described in paragraphs 
        (2) and (3) of subsection (a) may not exceed two and one- half 
        times the number of individuals required to man or crew the 
        covered facility under the laws of the nation under the laws of 
        which the covered facility is documented; and
          ``(2) shall be effective for not more than 12 months, but may 
        be renewed by application to and approval by the Secretary.
  ``(d) Application.--To be eligible for an exemption or a renewal of 
an exemption under this section, the owner or operator of a covered 
facility shall apply to the Secretary with an application that includes 
a sworn statement by the applicant of all information required for the 
issuance of the exemption.
  ``(e) Revocation.--
          ``(1) In general.--The Secretary--
                  ``(A) may revoke an exemption for a covered facility 
                under this section if the Secretary determines that 
                information provided in the application for the 
                exemption was false or incomplete, or is no longer true 
                or complete; and
                  ``(B) shall immediately revoke such an exemption if 
                the Secretary determines that the covered facility, in 
                the effective period of the exemption, was manned or 
                crewed in a manner not authorized by the exemption.
          ``(2) Notice required.--The Secretary shall provides notice 
        of a determination under subparagraph (A) or (B) of paragraph 
        (1) to the owner or operator of the covered facility.
  ``(f) Review of Compliance.--The Secretary shall periodically, but 
not less than once annually, inspect each covered facility that 
operates under an exemption under this section to verify the owner or 
operator of the covered facility's compliance with the exemption. 
During an inspection under this subsection, the Secretary shall require 
all crew members serving under the exemption to hold a valid 
transportation security card issued under section 70105.
  ``(g) Penalty.--In addition to revocation under subsection (e), the 
Secretary may impose on the owner or operator of a covered facility a 
civil penalty of $10,000 per day for each day the covered facility--
          ``(1) is manned or crewed in violation of an exemption under 
        this subsection; or
          ``(2) operated under an exemption under this subsection that 
        the Secretary determines was not validly obtained.
  ``(h) Notification of Secretary of State.--The Secretary shall notify 
the Secretary of State of each exemption issued under this section, 
including the effective period of the exemption.
  ``(i) Definitions.--In this section:
          ``(1) Covered facility.--The term `covered facility' means 
        any vessel, rig, platform, or other vehicle or structure, over 
        50 percent of which is owned by citizens of a foreign nation or 
        with respect to which the citizens of a foreign nation have the 
        right effectively to control, except to the extent and to the 
        degree that the President determines that the government of 
        such foreign nation or any of its political subdivisions has 
        implemented, by statute, regulation, policy, or practice, a 
        national manning requirement for equipment engaged in the 
        exploring for, developing, or producing resources, including 
        non-mineral energy resources in its offshore areas.
          ``(2) Secretary.--The term `Secretary' means the Secretary of 
        the department in which the Coast Guard is operating.''.
  (b) Annual Report.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        shall submit to Congress a report containing information on 
        each letter of nonapplicability of section 8109 of title 46, 
        United States Code, with respect to a covered facility that was 
        issued by the Secretary during the preceding year.
          (2) Contents.--The report under paragraph (1) shall include, 
        for each covered facility--
                  (A) the name and International Maritime Organization 
                number;
                  (B) the nation in which the covered facility is 
                documented;
                  (C) the nationality of owner or owners; and
                  (D) for any covered facility that was previously 
                issued a letter of nonapplicability in a prior year, 
                any changes in the information described in 
                subparagraphs (A) through (C).
  (c) Regulations.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall promulgate regulations that 
specify the documentary and other requirements for the issuance of an 
exemption under the amendment made by this section.
  (d) Existing Exemptions.--
          (1) Effect of amendments; termination.--Each exemption under 
        section 30(c)(2) of the Outer Continental Shelf Lands Act (43 
        U.S.C. 1356(c)(2)) issued before the date of the enactment of 
        this Act--
                  (A) shall not be affected by the amendments made by 
                this section during the 120-day period beginning on the 
                date of the enactment of this Act; and
                  (B) shall not be effective after such period.
          (2) Notification of holders.--Not later than 60 days after 
        the date of the enactment of this Act, the Secretary shall 
        notify all persons that hold such an exemption that it will 
        expire as provided in paragraph (1).
  (e) Clerical Amendment.--The analysis for chapter 81 of the title 46, 
United States Code, is amended by adding at the end the following:

``8109. Exemptions from manning and crew requirements.''.

SEC. 347. CLASSIFICATION SOCIETIES.

  Section 3316(d) of title 46, United States Code, is amended--
          (1) by amending paragraph (2)(B)(i) to read as follows:
          ``(i) the government of the foreign country in which the 
        foreign society is headquartered--
                  ``(I) delegates that authority to the American Bureau 
                of Shipping; or
                  ``(II) does not delegate that authority to any 
                classification society; or''; and
          (2) by adding at the end the following:
          ``(5) Clarification on authority.--Nothing in this subsection 
        authorizes the Secretary to make a delegation under paragraph 
        (2) to a classification society from the People's Republic of 
        China.''.

               TITLE IV--OIL POLLUTION INCIDENT LIABILITY

SEC. 401. VESSEL RESPONSE PLANS.

  Section 311(j)(6) of the Federal Water Pollution Control Act (33 
U.S.C. 1321(j)(6)) is amended to read as follows:
          ``(6) Equipment requirements, verification, and inspection.--
        The President may require--
                  ``(A) periodic inspection of containment booms, 
                skimmers, vessels, and other major equipment used to 
                remove discharges;
                  ``(B) periodic inspection of vessels, salvage and 
                marine firefighting equipment, and other major 
                equipment used to respond to vessel casualties and 
                prevent discharges;
                  ``(C) periodic verification of capabilities to 
                appropriately, and in a timely manner, respond to a 
                worst case discharge, or a substantial threat of a 
                discharge, including--
                          ``(i) drills, with or without prior notice;
                          ``(ii) review of contracts and relevant 
                        third-party agreements;
                          ``(iii) testing of equipment;
                          ``(iv) review of training; and
                          ``(v) other evaluations of response 
                        capabilities, as determined appropriate by the 
                        President; and
                  ``(D) vessels operating on navigable waters and 
                carrying oil or a hazardous substance in bulk as cargo, 
                and nontank vessels carrying oil of any kind as fuel 
                for main propulsion, to carry appropriate removal 
                equipment that employs the best technology economically 
                feasible and that is compatible with the safe operation 
                of the vessel.''.

SEC. 402. USE OF MARINE CASUALTY INVESTIGATIONS.

  Section 6308 of title 46, United States Code, is amended--
          (1) in subsection (a) by striking ``initiated'' and inserting 
        ``conducted''; and
          (2) by adding at the end the following:
  ``(e) For purposes of this section, an administrative proceeding 
conducted by the United States includes proceedings under section 7701 
and claims adjudicated under section 1013 of the Oil Pollution Act of 
1990 (33 U.S.C. 2713).''.

SEC. 403. TIMING OF REVIEW.

  Section 1017 of the Oil Pollution Act of 1990 (33 U.S.C. 2717) is 
amended by adding at the end the following:
  ``(g) Timing of Review.--Before the date of completion of a removal 
action, no person may bring an action under this Act, section 311 of 
the Federal Water Pollution Control Act (33 U.S.C. 1321), or chapter 7 
of title 5, United States Code, challenging any decision relating to 
such removal action that is made by an on-scene coordinator appointed 
under the National Contingency Plan.''.

       TITLE V--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS

SEC. 501. TECHNICAL AND CONFORMING AMENDMENTS.

  (a) Prohibition on Entry and Operation.--Section 70022(b)(1) of title 
46, United States Code, is amended by striking ``Federal Register'' and 
inserting ``the Federal Register''.
  (b) Port, Harbor, and Coastal Facility Security.--Section 70116(b) of 
title 46, United States Code, is amended--
          (1) in paragraph (1) by striking ``terrorism cyber'' and 
        inserting ``terrorism, cyber''; and
          (2) in paragraph (2) by inserting a comma after ``acts of 
        terrorism''.
  (c) Enforcement by State and Local Officers.--Section 70118(a) of 
title 46, United States Code, is amended--
          (1) by striking ``section 1 of title II of the Act of June 
        15, 1917 (chapter 30; 50 U.S.C. 191)'' and inserting ``section 
        70051''; and
          (2) by striking ``section 7(b) of the Ports and Waterways 
        Safety Act (33 U.S.C. 1226(b))'' and inserting ``section 
        70116(b)''.
  (d) Chapter 701 Definitions.--Section 70131(2) of title 46, United 
States Code, is amended--
          (1) by striking ``section 1 of title II of the Act of June 
        15, 1917 (50 U.S.C. 191)'' and inserting ``section 70051''; and
          (2) by striking ``section 7(b) of the Ports and Waterways 
        Safety Act (33 U.S.C. 1226(b))'' and inserting ``section 
        70116(b)''.

                         Purpose of Legislation

    The purpose of H.R. 2741, as amended, is to authorize 
$14.24 billion in funding for the United States Coast Guard 
(hereafter, Coast Guard or Service) in fiscal year (FY) 2024 
and $14.78 billion in FY 2025, setting aside $400 million for 
each of the FYs 2024 and 2025 to fund the acquisition, 
construction, rebuilding, or improvement of Coast Guard 
shoreside infrastructure facilities. The bill also authorizes 
$400 million for the acquisition of four Fast Response Cutters, 
$125 million for a commercially available icebreaker, $75 
million to acquire a Great Lakes icebreaker, including $20 
million to procure long lead time materials, and $30.5 million 
for Pacific Northwest heavy weather boats. The bill also 
authorizes $138.5 million for one missionized HC-130J aircraft 
and $113 million for four MH-60T Jayhawk aircraft. The bill 
reauthorizes the end-of-year strength of 44,500 active-duty 
personnel. Finally, the bill makes reforms to Coast Guard 
authorities and laws governing maritime commerce and 
navigation.

                  Background and Need for Legislation


Coast Guard

    The Coast Guard was established on January 28, 1915, 
through the consolidation of the Revenue Cutter Service 
(established in 1790) and the Lifesaving Service (established 
in 1848).\1\ The Coast Guard later assumed the duties of three 
other agencies: the Lighthouse Service (established in 1789), 
the Steamboat Inspection Service (established in 1838), and the 
Bureau of Navigation (established in 1884).\2\
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    \1\Coast Guard, History Timeline, available at https://
www.history.uscg.mil/home/history-
program/.
    \2\Id.
---------------------------------------------------------------------------
    Under Section 102 of title 14, United States Code, the 
Coast Guard has primary responsibility to enforce or assist in 
the enforcement of all applicable Federal laws on, under, and 
over the high seas and waters subject to the jurisdiction of 
the United States; to ensure the safety of life and property at 
sea; to carry out domestic and international icebreaking 
activities; and, as one of the six armed forces of the United 
States, to maintain defense readiness and operate as a 
specialized service in the Navy upon the declaration of war or 
when the President directs.\3\ The Coast Guard is composed of 
approximately 42,000 active-duty military members, 7,000 
reservists, and 8,700 civilian employees.\4\
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    \3\14 U.S.C. Sec. 102.
    \4\Coast Guard, Biographies, available at https://www.uscg.mil/
Biographies/Display/Article/3048180/admiral-linda-l-fagan/ [hereinafter 
Coast Guard Biographies].
---------------------------------------------------------------------------
    In FY 2022, the Coast Guard responded to 15,737 search and 
rescue cases, saving approximately 4,848 lives.\5\ 
Additionally, the Coast Guard conducted more than 10,000 
waterborne patrols in and around critical infrastructure and 
key resources at ports, waterways and coasts, maintained 
approximately 45,000 aids to navigation, and detained 472 
suspected smugglers carrying 335,710 pounds of cocaine.\6\
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    \5\Coast Guard, 2024 Budget Overview: Posture Statement, available 
at https://www.uscg.mil/Portals/0/documents/budget/2024/
Coast_Guard_FY2024_Posture_Statement_ FINAL.pdf.
    \6\Id.
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    H.R. 2741, as amended, authorizes the Coast Guard for the 
next two FYs at fiscally responsible levels to continue 
carrying out these missions, with the aid of additional afloat 
and air assets, and targeted funding to improve the Coast 
Guard's crumbling shoreside infrastructure and facilities.

Investments in the Coast Guard

    The Coast Guard has endured chronic undercapitalization for 
many years. The Coast Guard estimates that there is a $1 
billion deferred shore facility maintenance backlog, while the 
Government Accountability Office (GAO) approximated that number 
at $2.6 billion in February 2019.\7\ As of 2018, the deferred 
maintenance backlog included more than 5,600 projects, while 
the recapitalization and new construction backlog included 125 
projects.\8\ GAO's analysis of Coast Guard data found that as 
of November 2018, there were hundreds of recapitalization 
projects without cost estimates--representing a majority of 
recapitalization projects.\9\ Without adequate funding, 
excessive deterioration of these facilities jeopardizes Coast 
Guard mission readiness and operational capability. H.R. 2741, 
as amended, begins to chip away at the excessive infrastructure 
backlog by authorizing $400 million for each of FYs 2024 and 
2025 to improve Coast Guard shoreside infrastructure--the 
minimum number the Coast Guard has estimated would be necessary 
to prevent the further growth of the backlog. The Service has 
said as much as $600 million yearly may be necessary to stem 
the growth of the backlog.
---------------------------------------------------------------------------
    \7\GAO, GAO-19-711T, Coast Guard Shore Infrastructure: Actions 
Needed to Better Manage Assets and Reduce Risks and Costs (2019), 
available at https://www.gao.gov/assets/gao-19-711t.pdf.
    \8\Id.
    \9\Id.
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    Additionally, H.R. 2741, as amended, authorizes $130 
million in FY 2024 for an indoor training facility and $70 
million for each of FYs 2024 and 2025 for the recapitalization 
of the barracks at the United States Coast Guard Training 
Center Cape May in Cape May, New Jersey. The Coast Guard's sole 
accession point for its enlisted workforce, Training Center 
Cape May houses recruits in antiquated barracks facing rapid 
deterioration. The legislation also authorizes $130 million for 
FY 2024 to fund an expansion project at Coast Guard Base 
Seattle in Seattle, Washington, and $30 million for each of FYs 
2024 and 2025 to fund construction of a ship handling facility 
at the Coast Guard Yard in Baltimore, Maryland. For over a 
century, Coast Guard vessels have been built, repaired, and 
renovated in the Yard, which provides a unique capability to 
support the Coast Guard and the national fleet, including the 
National Oceanic and Atmospheric Administration, the Navy, the 
Army, and other Government agencies.
    H.R. 2741, as amended, authorizes for FY 2024 $400 million 
for the acquisition of four Fast Response Cutters, to be used 
by the Coast Guard in the Indo-Pacific Region. The legislation 
also provides $125 million for a commercially available 
icebreaker, which will help bridge the Service's capability gap 
as it works to acquire three Polar Security Cutters (PSC) to 
replace its aged heavy icebreaker fleet. The Committee notes 
that the PSC program has suffered significant delays, and 
during a recent appearance before the Committee, the Commandant 
of the Coast Guard was unwilling to commit to the decade in 
which the first PSC would be delivered.\10\ The Committee is 
optimistic that new leadership at the shipyard where the PSC is 
being built will address deficiencies within the program. The 
legislation also provides $55 million for a Great Lakes 
icebreaker, $20 million to procure long lead time materials for 
the Great Lakes icebreaker, and $30.5 million for Pacific 
Northwest heavy weather boats. Additionally, $138.5 million for 
one missionized HC-130J aircraft and $113 million for four MH-
60T. The Coast Guard currently has three unfunded aircraft of 
the 22 HC-130Js called for in its program of record.\11\
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    \10\Review of Fiscal Year 2024 Budget Request for the Coast Guard: 
Hearing Before the the Subcomm. on Coast Guard and Maritime Transp. of 
the H. Comm. on Transp. and Infrastructure, 118th Cong. (Apr. 18, 
2023).
    \11\Coast Guard, FY 2024 Unfunded Priorities List (2023), available 
at https://www.uscg.mil/Portals/0/documents/budget/2024/
Unfunded_Priorities_List_FY2024.pdf [hereinafter Unfunded Priorities 
List].
---------------------------------------------------------------------------
    The Coast Guard is currently authorized at an active-duty 
end-strength of 44,500.\12\ However, it is operating with a 
deficit of approximately 4,800 members across its 
workforce,\13\ nearly 3,000 of which are active-duty 
personnel.\14\ In FY 2023, the Coast Guard sought a total of 
59,854 personnel positions to carry out its statutory 
missions.\15\ Despite increased mission demands, the Coast 
Guard has faced limited growth in its ranks and faces a 
personnel deficit. By 2025, the Coast Guard is expected to fall 
short by several hundred officers and nearly 6,000 enlisted 
members.\16\
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    \12\14 U.S.C. Sec.  4904.
    \13\Coast Guard, FY 2024 Congressional Budget Justification (2023), 
available at https://www.uscg.mil/Portals/0/documents/budget/2024/
Coast_Guard_FY2024_ Congressional_ Justification.pdf.
    \14\United States Coast Guard Briefing to Congress, Coast Guard 
Recruiting & Retention (on file with Comm.).
    \15\Coast Guard, Report to Congress, Manpower Requirements Plan (on 
file with Comm.).
    \16\United States Coast Guard Briefing to Congress, Coast Guard 
Recruiting & Retention (on file with Comm.).
---------------------------------------------------------------------------
    The Service is confronting a landscape where the pool of 
eligible candidates for military service is shrinking. 
According to the Department of Defense, only 23 percent of 
Americans ages 17 to 24 are qualified to serve without a 
waiver; with physical fitness concerns, criminal history, and 
prescription and illegal drug-related issues being the primary 
disqualifier for many.\17\ Moreover, just nine percent of those 
eligible to serve have an interest in doing so.\18\ Compounding 
on these challenges is the current 3.5 percent unemployment 
rate.\19\ Historically, military recruiting suffers when the 
nation has a robust economy and low unemployment.\20\ To 
address these challenges, H.R. 2741, as amended, authorizes for 
each of the FYs 2024 and 2025 $11.98 million to fund additional 
recruiting personnel and offices for the Coast Guard Recruiting 
Command and $9 million to enhance Coast Guard recruiting 
capabilities.
---------------------------------------------------------------------------
    \17\Molly Boigon & Courtney Kube, Every branch of the military is 
struggling to make its 2022 recruiting goals, officials say, NBC News, 
(June 27, 2022), available at https://www.nbcnews.com/news/military/
every-branch-us-military-struggling-meet-2022-recruiting-goals-officia-
rcna35078.
    \18\Id.
    \19\ Bureau of Labor Statistics, The Employment Situation--March 
2023, available at https://www.bls.gov/news.release/pdf/empsit.pdf.
    \20\Heather Mongilio, Tough Military Recruiting Environment is 
About More than Low Unemployment, Experts Say, USNI News, (Dec. 2, 
2022), available at https://news.usni.org/2022/12/01/tough-military-
recruiting-environment-is-about-much-more-than-low-unemployment-
experts-say.
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Maritime Transportation

    The maritime transportation system (MTS) is a key 
contributor to commerce and is therefore essential to the 
economic health and prosperity of the United States. The past 
two years has demonstrated the fragility of not only the United 
States supply chain, but the supply chain worldwide. 
Modernizing the operations of the MTS is more important than 
ever in the wake of the global COVID-19 pandemic and its 
associated supply chain crisis. The Committee is committed to 
supporting the MTS and growing our shipbuilding industry.
    H.R. 2741, as amended, contains provisions to boost the 
pool of qualified United States mariners by reducing 
bureaucratic delays and barriers to Americans seeking a 
seagoing career. The Coast Guard is responsible for issuing 
Merchant Mariner Credentials.\21\ The information technology 
(IT) infrastructure for the Coast Guard's Merchant Mariner 
Licensing and Documentation System was established in the early 
1990s and has significant limitations. The system is used to 
issue approximately 200,000 merchant mariner credentials to 
mariners serving on United States vessels.\22\ H.R. 2741, as 
amended, authorizes $11 million to upgrade and modernize the 
credentialling system. Additionally, the legislation amends the 
requirements for certain merchant mariner credentials to 
consider advances in technology and training, and to align 
Coast Guard requirements with international requirements, and 
enables American nationals born in American Samoa to be 
eligible for merchant mariner credentials.
---------------------------------------------------------------------------
    \21\46 U.S.C. Sec.  7302.
    \22\Unfunded Priorities List, supra note 11.
---------------------------------------------------------------------------

Other Matters

    H.R. 2741, as amended, directs the Coast Guard to issue its 
final rule for the Atlantic Coast Port Access Route Study 
(ACPARS) not later than December 31, 2023. The Coast Guard 
commenced the ACPARS in 2011, and the final report was issued 
on March 14, 2016.\23\ More than seven years later, and twelve 
years after the study was first commenced, the rulemaking to 
implement the findings of the study is still in progress, 
calling into question the Service's ability to fulfill its 
responsibilities to designate access routes to facilitate safe 
maritime navigation, as required by law.\24\ The Committee has 
significant concerns about the length of time the Coast Guard 
has taken to implement the recommendations of the ACPARS, and 
mandated monthly briefings on the Service's rulemaking process 
as part of the Don Young Coast Guard Authorization Act of 
2022.\25\ The Committee expects the Coast Guard to commit to 
the timeline mandated by this Act.
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    \23\ACPARS Notification, 82 Fed. Reg. 16,510 (Apr. 5, 2017) 
(codified at 33 C.F.R. Sec. 167).
    \24\46 U.S.C. Sec. 70003.
    \25\James M. Inhofe National Defense Authorization Act for Fiscal 
Year 2023, Pub. L. No. 117-263.
---------------------------------------------------------------------------
    As autonomous systems become more common place in the 
maritime domain, H.R. 2741, as amended, directs the Coast Guard 
to report to Congress on its efforts to establish an unmanned 
systems capabilities office. Additionally, the legislation 
establishes a National Autonomous Maritime Systems Advisory 
Committee within the Coast Guard, comprised of various 
stakeholders and experts that will be positioned to advise the 
Coast Guard on matters relating to the regulations and use of 
autonomous systems within the territorial waters of the United 
States. The Committee encourages the Coast Guard to utilize 
these resources as the Service works to keep pace with a 
changing technological landscape.

                                Hearings

    For the purposes of rule XIII, clause 3(c)(6)(A) of the 
118th Congress the following hearing was used to develop or 
consider H.R. 2741:
    On April 18, 2023, the Subcommittee on Coast Guard and 
Maritime Transportation held a hearing entitled ``Review of 
Fiscal Year 2024 Budget Request for the Coast Guard.'' The 
hearing examined the President's Fiscal Year 2024 Budget 
Request for the Coast Guard. The Subcommittee received 
testimony from ADM Linda L. Fagan, Commandant, United States 
Coast Guard, Department of Homeland Security; Master Chief 
Heath B. Jones, Master Chief Petty Officer of the Coast Guard, 
United States Coast Guard, Department of Homeland Security.

                 Legislative History and Consideration

    H.R. 2741, the ``Coast Guard Authorization Act of 2023'', 
was introduced in the United States House of Representatives on 
April 20, 2023, by Mr. Graves of Missouri, Mr. Larsen of 
Washington, Mr. Webster of Florida, and Mr. Carbajal of 
California, and was referred to the Committee on Transportation 
and Infrastructure. Within the Committee on Transportation and 
Infrastructure, H.R. 2741 was referred to the Subcommittee on 
Coast Guard and Maritime Transportation. The Subcommittee on 
Coast Guard and Maritime Transportation was discharged from 
further consideration of H.R. 2741 on April 26, 2023.
    The Committee considered H.R. 2741 on April 26, 2023, and 
ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by a recorded vote of 58 
yeas to 3 nays.
    The following amendments were offered:
    An Amendment in the Nature of a Substitute to H.R. 2741, as 
amended, offered by Mr. Graves of Missouri (#1) was AGREED TO 
by voice vote.
    A Manager's amendment to the Amendment in the Nature of a 
Substitute to H.R. 2741 offered by Mr. Graves of Missouri (#1A) 
was AGREED TO by voice vote.
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 2741 offered by Ms. Scholten (10) (#1B); Page 50, after 
line 13, insert the following: TITLE V--PAY OUR COAST GUARD 
PARITY ACT OF 2023 SECTION 501. SHORT TITLE. This title may be 
cited as the ``Pay Our Coast Guard Parity Act of 2023''. SEC. 
502. FINDINGS. Congress finds the following: (1) The Coast 
Guard is a military service and a branch of the Armed Forces of 
the United States at all times regardless of whether it 
operates as a service in the Department of Homeland Security or 
as a service in the Navy. (2) Notwithstanding respective 
appropriations and except as otherwise provided in law, members 
of the Coast Guard should receive treatment equitable to that 
of other members of the Armed Forces with regard to pay and 
benefits. SEC. 503. COAST GUARD PAY; CONTINUATION. (a) IN 
GENERAL.--Chapter 27 of title 14, United States Code, is 
amended by adding at the end the following: ``Sec.  2780. Pay; 
continuation during lapse in appropriations ``(a) IN GENERAL.--
In the case of any period in which there is a Coast Guard-
specific funding lapse, there are appropriated such sums as may 
be necessary--``(1) to provide pay and allowances to military 
members of the Coast Guard, including the reserve component 
thereof, who perform active service or inactive-duty training 
during such period; ``(2) to provide pay and benefits to 
qualified civilian employees of the Coast Guard; ``(3) to 
provide pay and benefits to qualified contract employees of the 
Coast Guard; and ``(4) to provide for--``(A) the payment of a 
death gratuity under sections 1475 through 1477 and 1489 of 
title 10, with respect to members of the Coast Guard; ``(B) the 
payment or reimbursement of authorized funeral travel and 
travel related to the dignified transfer of remains and unit 
memorial services under section 481f of title 37, with respect 
to members of the Coast Guard; and ``(C) the temporary 
continuation of a basic allowance of housing for dependents of 
members of the Coast Guard dying on active duty, as authorized 
by section 403(l) of title 37. ``(b) COAST GUARD SPECIFIC 
FUNDING LAPSE.--For purposes of this section, a Coast Guard-
specific funding lapse occurs in any case in which--``(1) a 
general appropriation bill providing appropriations for the 
Coast Guard for a fiscal year is not enacted before the 
beginning of such fiscal year (and no joint resolution making 
continuing appropriations for the Coast Guard is in effect); 
and ``(2) a general appropriation bill providing appropriations 
for the Department of Defense for such fiscal year is enacted 
before the beginning of such fiscal year (or a joint resolution 
making continuing appropriations for the Department of Defense 
is in effect. ``(c) TERMINATION.--Appropriations and funds made 
available and authority granted for any fiscal year for any 
purpose under subsection (a) shall be available until whichever 
of the following first occurs: ``(1) The enactment into law of 
an appropriation (including a continuing appropriation) for 
such purpose. ``(2) The enactment into law of the applicable 
regular or continuing appropriations resolution or other Act 
without any appropriation for such purpose. ``(3) The 
termination of availability of appropriations for the 
Department of Defense. ``(4) The date that is 2 weeks after the 
beginning of the Coast Guard-specific funding lapse. ``(d) RATE 
FOR OPERATIONS; APPLICABILITY TO APPROPRIATIONS ACTS.--
Appropriations made pursuant to this section shall be at a rate 
for operations and to the extent and manner that would be 
provided by the pertinent appropriations Act. ``(e) CHARGE TO 
FUTURE APPROPRIATIONS.--Expenditures made pursuant to this 
section shall be charged to the applicable appropriation, fund, 
or authorization whenever a bill in which such applicable 
appropriation, fund, or authorization is enacted into law. 
``(f) APPORTIONMENT.--Appropriations and funds made available 
by or authority granted under this section may be used without 
regard to the time limitations for submission and approval of 
apportionments set forth in section 1513 of title 31, but 
nothing in this section may be construed to waive any other 
provision of law governing the apportionment of funds. ``(g) 
DEFINITIONS.--In this section: ``(1) QUALIFIED CIVILIAN 
EMPLOYEE.--The term `qualified civilian employee' means a 
civilian employee of the Coast Guard whom the Commandant 
determines is-- ``(A) providing support to members of the Coast 
Guard or another Armed Force; or ``(B) performing work as an 
excepted employee or an employee performing emergency work, as 
such terms are defined by the Office of Personnel Management. 
``(2) QUALIFIED CONTRACT EMPLOYEE OF THE COAST GUARD.--The term 
`qualified contract employee of the Coast Guard' means an 
individual performing work under a contract whom the Commandant 
determines is--`(A) providing support to military members or 
qualified civilian employees of the Coast Guard or another 
Armed Force; or ``(B) required to perform work during a lapse 
in appropriations.''. (b) CLERICAL AMENDMENT.--The analysis for 
chapter 27 of title 14, United States Code, is amended by 
adding at the end the following: ``2780. Pay; continuation 
during lapse in appropriations.''.; was WITHDRAWN.
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 2741 offered by Mr. Perry (104) (#1C); Page 46, after 
line 24, insert the following: SEC. 337. EXEMPTION FROM 
COASTWISE LAWS FOR VESSELS TRANSPORTING LIQUEFIED NATURAL GAS. 
(a) GENERAL ELIGIBILITY REQUIREMENTS.--Section 12103 of title 
46, United States Code, is amended by adding at the end the 
following: ``(d) EXCEPTION FOR VESSELS TRANSPORTING LIQUEFIED 
NATURAL GAS.--``(1) IN GENERAL.--Notwithstanding subsection 
(a), a certificate of documentation may be issued under this 
chapter for any vessel transporting methane, refrigerated 
liquid, commonly known as liquefied natural gas. ``(2) CERTAIN 
VESSELS EXCLUDED.--Paragraph (1) shall not apply to--``(A) a 
vessel that is owned, in whole or in part, by--``(i) a Russian 
national; or ``(ii) the Government of the Russian Federation; 
``(B) a Russian-flagged vessel; ``(C) a vessel for which any 
crewmember is a Russian national; ``(D) a vessel that is owned, 
in whole or in part, by--``(i) a Chinese national; or ``(ii) 
the Government of the People's Republic of China; ``(E) a 
Chinese-flagged vessel; or ``(F) a vessel for which any 
crewmember is a Chinese national.''. (b) COASTWISE 
ENDORSEMENT.--Section 12112(a)(2)(B) of title 46, United States 
Code, is amended--(1) in clause (ii) by striking ``or'' at the 
end; (2) in clause (iii) by striking ``and'' at the end and 
inserting ``or''; and (3) by adding at the end the following: 
``(iv) transports methane, refrigerated liquid, commonly known 
as liquefied natural gas; and''.; was NOT AGREED TO by a 
recorded vote of 4 yeas and 53 nays (Roll Call Vote 004).
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 2741 offered by Mr. Van Drew (27) (#1D); Page 20, after 
line 25, insert the following: Sec. 211. Port Access Routes. 
Section 70003 of title 46, United States Code, is amended--(1) 
in subsection (a) by striking ``Except as provided in 
subsection (b) and subject to the requirements of subsection 
(c)'' and inserting ``Subject to the requirements of subsection 
(b)''; (2) by striking subsection (b); (3) by redesignating 
subsections (c) through (e) as subsections (b) through (d), 
respectively; and (4) in subsection (c) (as so redesignated) by 
striking ``under subsection (c)'' and inserting ``under 
subsection (b)''.; was WITHDRAWN.
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 2741 offered by Mr. Perry (114) (#1E); Page 20, after 
line 25, insert the following: SEC. 211. PROHIBITION ON 
PREFERENCE OF CARBON-NEUTRAL, CARBON-FREE, AND NET-ZERO 
CONSTRUCTION MATERIALS. (a) IN GENERAL.--Subchapter I of 
chapter 11 of title 14, United States Code, is amended by 
adding at the end the following: ``Sec.  1112. Prohibition of 
preference of carbon-neutral, carbon-free, and net-zero 
construction materials ``The Commandant may not operate, enter 
into, or renew a contract that includes a preference for the 
use of carbon-neutral, carbon-free, and net-zero construction 
materials.''. (b) CLERICAL AMENDMENT.--The analysis for chapter 
11 of title 14, United States Code, is amended by inserting 
after the item relating to section 1111 the following: ``1112. 
Prohibition of preference of carbon-neutral, carbon-free, and 
net-zero construction materials.''.; was NOT AGREED TO by voice 
vote.
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 2741 offered by Mr. Perry (121) (#1F); Strike section 
336 of the bill.; was NOT AGREED TO by a recorded vote of 2 
yeas and 58 nays (Roll Call Vote 005).
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 2741 offered by Mr. Perry (117) (#1G) Page 20, after 
line 25, insert the following: SEC. 211. PROHIBITION ON 
PROCUREMENT OF ELECTRIC VEHICLES AND INFRASTRUCTURE. (a) IN 
GENERAL.--Subchapter I of chapter 11 of title 14, United States 
Code, is amended by adding at the end the following: ``Sec.  
1112. Prohibition on procurement of electric vehicles and 
infrastructure ``The Commandant may not operate, enter into, or 
renew a contract that procures electric vehicles, electric 
vehicle supply chains, charging ports, batteries, or electric 
heat pumps.''. (b) CLERICAL AMENDMENT.--The analysis for 
chapter 11 of title 14, United States Code, is amended by 
inserting after the item relating to section 1111 the 
following: ``1112. Prohibition on procurement of electric 
vehicles and infrastructure.''.; was NOT AGREED TO by voice 
vote.
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 2741 offered by Mr. Babin (10) (#1H); Page 46, after 
line 24, insert the following: SEC. 337. REPORT ON SEX OFFENSES 
AND VIOLENCE ON SHIPS. Not later than 180 days after the date 
of enactment of this Act, the Commandant shall submit to 
Congress a report on occurrences of sex offenses and violence 
on ships described in section 4901(b)(1) that have overnight 
accommodations for between 10 and 15 individuals inclusive from 
January 2018 through the date of enactment of this Act.; was 
WITHDRAWN.
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 2741 offered by Mr. Auchincloss (15) (#1I); Page 41, 
strike line 7 and all that follows through page 46, line 24 and 
insert the following: Sec. 336. Manning and Crewing 
Requirements for Certain Vessels, Vehicles, and Structures. (a) 
CLARIFICATION OF MANNING AND CREW REQUIREMENT.--Chapter 81 of 
title 46, United States Code, is amended by adding at the end 
the following: ``8109. Exemptions from manning and crew 
requirements IN GENERAL.--The Secretary shall require the owner 
or operator of a covered facility to provide each individual 
who is manning or crewing the covered facility a minimum wage, 
as such term is defined in section 3141 of title 40. ``(b) 
REVIEW OF COMPLIANCE.--The Secretary shall periodically, but 
not less than once annually, inspect each covered facility to 
verify the owner or operator of the covered facility's 
compliance with the wage requirements. `(c) 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 is 
manned or crewed in violation of the wage requirements under 
this section. ``(d) 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 to effectively 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 and operates 
under section 302(a)(3) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1356(a)(3)). ``(2) SECRETARY.--The term 
`Secretary' means the Secretary of the department in which the 
Coast Guard is operating.''. (b) REGULATIONS. .--Not later than 
90 days after the enactment of this Act, the Secretary shall 
promulgate regulations that specify the requirements for 
minimum wage made by the amendments made by this section. (c) 
EXISTING EXEMPTIONS.--(1) EFFECT OF AMENDMENTS; TERMINATION.--
Each exemption under section 30(c)(2) OF THE Outer Continental 
Shelf Lands Act (43 U.S.C. 1356(c)(2)) issued before the date 
of the enactment of this Act.--(A) shall not be affected by the 
amendments made by this section during the 120-day period 
beginning on the date of the enactment of this Act; and (B) 
shall not be effective after such period. (2) NOTIFICATION OF 
HOLDERS.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary shall notify all persons 
that hold such an exemption that it will expire as provided in 
paragraph (1). (d) 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.''.; was NOT AGREED TO by a 
recorded vote of 6 yeas, 54 nays, and 1 present (Roll Call Vote 
006).
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 2741 offered by Mr. Bean of Florida (5) (#1J); Page 46, 
after line 24, insert the following: SEC. 337. EXONERATION AND 
LIMITATION OF LIABILITY. (a) DEFINITION.--Section 
30501(1)(A)(i) of title 46, United States Code, is amended--(1) 
in clause (i) by inserting ``or a passenger vessel not 
conducting an overnight domestic voyage'' after ``wing-in-
ground craft''; (2) in clause (ii)--(A) in subclause (I) by 
striking ``; and'' and inserting a semicolon; (B) by striking 
``carrying'' and all that follows through ``49'' and inserting 
``carrying not more than 49''; and (C) by striking subclause 
(II). (b) LIMIT OF LIABILITY.--Section 30524(a) of title 46, 
United States Code, is amended by inserting ``a passenger 
vessel not conducting an overnight domestic voyage,'' after 
``lighters,''. (c) PROVISIONS REQUIRING NOTICE.--Section 30526 
of title 46, United States Code, is amended--(1) in subsection 
(a) by inserting ``a passenger vessel not conducting an 
overnight domestic voyage,'' after ``lighters,''; and (2) in 
subsection (b)--(A) in paragraph (1) by striking ``2 years'' 
and inserting ``1 year''; and (B) in paragraph (2)--(i) by 
striking ``in the case of sea going vessels''; and (ii) by 
striking ``or in the case of covered small passenger vessels, 
to less than two years after the date of the injury or 
death''.; was WITHDRAWN.
    An amendment to the Amendment in the Nature of a Substitute 
to H.R. 2741 offered by Mr. Collins (4) (#1K); strike section 
312 of the bill.; was WITHDRAWN.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against.

Committee on Transportation and Infrastructure Roll Call Vote No. 004

    On: agreeing to Amendment #1C offered by Mr. Perry.
    Not Agreed to: 4 yeas and 53 nays.

----------------------------------------------------------------------------------------------------------------
                     Member                           Vote                    Member                    Vote
----------------------------------------------------------------------------------------------------------------
Mr. Graves of MO................................          Nay   Mr. Larsen of WA..................          Nay
Mr. Crawford....................................          Nay   Ms. Norton........................          Nay
Mr. Webster of FL...............................          Nay   Mrs. Napolitano...................          Nay
Mr. Massie......................................  ............  Mr. Cohen.........................          Nay
Mr. Perry.......................................          Yea   Mr. Garamendi.....................          Nay
Mr. Babin.......................................          Nay   Mr. Johnson of GA.................          Nay
Mr. Graves of LA................................          Nay   Mr. Carson........................          Nay
Mr. Rouzer......................................          Nay   Ms. Titus.........................          Nay
Mr. Bost........................................          Nay   Mr. Huffman.......................          Nay
Mr. LaMalfa.....................................          Yea   Ms. Brownley......................          Nay
Mr. Westerman...................................          Nay   Ms. Wilson of FL..................          Nay
Mr. Mast........................................  ............  Mr. Payne.........................  ............
Mrs. Gonzalez-Colon.............................          Nay   Mr. DeSaulnier....................          Nay
Mr. Stauber.....................................          Nay   Mr. Carbajal......................          Nay
Mr. Burchett....................................  ............  Mr. Stanton.......................          Nay
Mr. Johnson of SD...............................          Nay   Mr. Allred........................          Nay
Mr. Van Drew....................................          Nay   Ms. Davids of KS..................          Nay
Mr. Nehls.......................................          Nay   Mr. Garcia of IL..................          Nay
Mr. Gooden of TX................................          Nay   Mr. Pappas........................          Nay
Mr. Mann........................................          Nay   Mr. Moulton.......................          Nay
Mr. Owens.......................................          Nay   Mr. Auchincloss...................          Nay
Mr. Yakym.......................................          Nay   Ms. Strickland....................          Nay
Mrs. Chavez-DeRemer.............................  ............  Mr. Carter of LA..................  ............
Mr. Edwards.....................................          Nay   Mr. Ryan..........................          Nay
Mr. Kean of NJ..................................          Nay   Mrs. Peltola......................          Nay
Mr. D'Esposito..................................          Nay   Mr. Menendez......................  ............
Mr. Burlison....................................          Yea   Ms. Hoyle of OR...................          Nay
Mr. James.......................................          Nay   Mrs. Sykes........................          Nay
Mr. Van Orden...................................  ............  Ms. Scholten......................          Nay
Mr. Williams of NY..............................          Nay   Mrs. Foushee......................          Nay
Mr. Molinaro....................................          Nay
Mr. Collins.....................................          Yea
Mr. Ezell.......................................          Nay
Mr. Duarte......................................          Nay
Mr. Bean of FL..................................          Nay
----------------------------------------------------------------------------------------------------------------

Committee on Transportation and Infrastructure Roll Call Vote No. 005

    On: agreeing to Amendment #1F offered by Mr. Perry.
    Not Agreed to: 2 yeas and 58 nays.

----------------------------------------------------------------------------------------------------------------
                     Member                           Vote                    Member                    Vote
----------------------------------------------------------------------------------------------------------------
Mr. Graves of MO................................          Nay   Mr. Larsen of WA..................          Nay
Mr. Crawford....................................          Nay   Ms. Norton........................          Nay
Mr. Webster of FL...............................          Nay   Mrs. Napolitano...................          Nay
Mr. Massie......................................          Yea   Mr. Cohen.........................          Nay
Mr. Perry.......................................          Yea   Mr. Garamendi.....................          Nay
Mr. Babin.......................................          Nay   Mr. Johnson of GA.................          Nay
Mr. Graves of LA................................          Nay   Mr. Carson........................          Nay
Mr. Rouzer......................................          Nay   Ms. Titus.........................          Nay
Mr. Bost........................................          Nay   Mr. Huffman.......................          Nay
Mr. LaMalfa.....................................          Nay   Ms. Brownley......................          Nay
Mr. Westerman...................................          Nay   Ms. Wilson of FL..................          Nay
Mr. Mast........................................          Nay   Mr. Payne.........................  ............
Mrs. Gonzalez-Colon.............................          Nay   Mr. DeSaulnier....................          Nay
Mr. Stauber.....................................          Nay   Mr. Carbajal......................          Nay
Mr. Burchett....................................  ............  Mr. Stanton.......................          Nay
Mr. Johnson of SD...............................          Nay   Mr. Allred........................          Nay
Mr. Van Drew....................................          Nay   Ms. Davids of KS..................          Nay
Mr. Nehls.......................................          Nay   Mr. Garcia of IL..................          Nay
Mr. Gooden of TX................................          Nay   Mr. Pappas........................          Nay
Mr. Mann........................................          Nay   Mr. Moulton.......................          Nay
Mr. Owens.......................................          Nay   Mr. Auchincloss...................          Nay
Mr. Yakym.......................................          Nay   Ms. Strickland....................          Nay
Mrs. Chavez-DeRemer.............................          Nay   Mr. Carter of LA..................  ............
Mr. Edwards.....................................          Nay   Mr. Ryan..........................          Nay
Mr. Kean of NJ..................................          Nay   Mrs. Peltola......................          Nay
Mr. D'Esposito..................................          Nay   Mr. Menendez......................  ............
Mr. Burlison....................................          Nay   Ms. Hoyle of OR...................          Nay
Mr. James.......................................          Nay   Mrs. Sykes........................          Nay
Mr. Van Orden...................................  ............  Ms. Scholten......................          Nay
Mr. Williams of NY..............................          Nay   Mrs. Foushee......................          Nay
Mr. Molinaro....................................          Nay
Mr. Collins.....................................          Nay
Mr. Ezell.......................................          Nay
Mr. Duarte......................................          Nay
Mr. Bean of FL..................................          Nay
----------------------------------------------------------------------------------------------------------------

Committee on Transportation and Infrastructure Roll Call Vote No. 006

    On: agreeing to Amendment #1I offered by Mr. Auchincloss.
    Not Agreed to: 6 yeas and 54 nays.

----------------------------------------------------------------------------------------------------------------
                     Member                           Vote                    Member                    Vote
----------------------------------------------------------------------------------------------------------------
Mr. Graves of MO................................          Nay   Mr. Larsen of WA..................          Yea
Mr. Crawford....................................          Nay   Ms. Norton........................          Nay
Mr. Webster of FL...............................          Nay   Mrs. Napolitano...................          Nay
Mr. Massie......................................          Nay   Mr. Cohen.........................          Nay
Mr. Perry.......................................          Nay   Mr. Garamendi.....................          Nay
Mr. Babin.......................................          Nay   Mr. Johnson of GA.................          Yea
Mr. Graves of LA................................          Nay   Mr. Carson........................          Yea
Mr. Rouzer......................................          Nay   Ms. Titus.........................          Nay
Mr. Bost........................................          Nay   Mr. Huffman.......................          Nay
Mr. LaMalfa.....................................          Nay   Ms. Brownley......................          Nay
Mr. Westerman...................................          Nay   Ms. Wilson of FL..................          Nay
Mr. Mast........................................          Nay   Mr. Payne.........................  ............
Mrs. Gonzalez-Colon.............................          Nay   Mr. DeSaulnier....................          Nay
Mr. Stauber.....................................          Nay   Mr. Carbajal......................          Nay
Mr. Burchett....................................  ............  Mr. Stanton.......................          Nay
Mr. Johnson of SD...............................          Nay   Mr. Allred........................          Nay
Mr. Van Drew....................................          Nay   Ms. Davids of KS..................          Nay
Mr. Nehls.......................................          Nay   Mr. Garcia of IL..................          Nay
Mr. Gooden of TX................................          Nay   Mr. Pappas........................          Nay
Mr. Mann........................................          Nay   Mr. Moulton.......................          Nay
Mr. Owens.......................................          Nay   Mr. Auchincloss...................          Yea
Mr. Yakym.......................................          Nay   Ms. Strickland....................          Nay
Mrs. Chavez-DeRemer.............................          Nay   Mr. Carter of LA..................  ............
Mr. Edwards.....................................          Nay   Mr. Ryan..........................          Yea
Mr. Kean of NJ..................................          Nay   Mrs. Peltola......................          Nay
Mr. D'Esposito..................................          Nay   Mr. Menendez......................          Nay
Mr. Burlison....................................          Nay   Ms. Hoyle of OR...................      Present
Mr. James.......................................          Nay   Mrs. Sykes........................          Nay
Mr. Van Orden...................................  ............  Ms. Scholten......................          Nay
Mr. Williams of NY..............................          Nay   Mrs. Foushee......................          Yea
Mr. Molinaro....................................          Nay
Mr. Collins.....................................          Nay
Mr. Ezell.......................................          Nay
Mr. Duarte......................................          Nay
Mr. Bean of FL..................................          Nay
----------------------------------------------------------------------------------------------------------------

Committee on Transportation and Infrastructure Roll Call Vote No. 007

    On: agreeing to Final Passage, H.R. 2741, as amended.
    Agreed to: 58 yeas and 3 nays.

----------------------------------------------------------------------------------------------------------------
                     Member                           Vote                    Member                    Vote
----------------------------------------------------------------------------------------------------------------
Mr. Graves of MO................................          Yea   Mr. Larsen of WA..................          Yea
Mr. Crawford....................................          Yea   Ms. Norton........................          Yea
Mr. Webster of FL...............................          Yea   Mrs. Napolitano...................          Yea
Mr. Massie......................................          Yea   Mr. Cohen.........................          Yea
Mr. Perry.......................................          Nay   Mr. Garamendi.....................          Yea
Mr. Babin.......................................          Yea   Mr. Johnson of GA.................          Yea
Mr. Graves of LA................................          Yea   Mr. Carson........................          Yea
Mr. Rouzer......................................          Yea   Ms. Titus.........................          Yea
Mr. Bost........................................          Yea   Mr. Huffman.......................          Yea
Mr. LaMalfa.....................................          Yea   Ms. Brownley......................          Yea
Mr. Westerman...................................          Yea   Ms. Wilson of FL..................          Yea
Mr. Mast........................................          Yea   Mr. Payne.........................  ............
Mrs. Gonzalez-Colon.............................          Yea   Mr. DeSaulnier....................          Yea
Mr. Stauber.....................................          Yea   Mr. Carbajal......................          Yea
Mr. Burchett....................................  ............  Mr. Stanton.......................          Yea
Mr. Johnson of SD...............................          Yea   Mr. Allred........................          Yea
Mr. Van Drew....................................          Yea   Ms. Davids of KS..................          Yea
Mr. Nehls.......................................          Yea   Mr. Garcia of IL..................          Yea
Mr. Gooden of TX................................          Yea   Mr. Pappas........................          Yea
Mr. Mann........................................          Yea   Mr. Moulton.......................          Yea
Mr. Owens.......................................          Yea   Mr. Auchincloss...................          Nay
Mr. Yakym.......................................          Yea   Ms. Strickland....................          Yea
Mrs. Chavez-DeRemer.............................          Yea   Mr. Carter of LA..................  ............
Mr. Edwards.....................................          Yea   Mr. Ryan..........................          Yea
Mr. Kean of NJ..................................          Yea   Mrs. Peltola......................          Yea
Mr. D'Esposito..................................          Yea   Mr. Menendez......................          Yea
Mr. Burlison....................................          Yea   Ms. Hoyle of OR...................          Yea
Mr. James.......................................          Yea   Mrs. Sykes........................          Yea
Mr. Van Orden...................................  ............  Ms. Scholten......................          Yea
Mr. Williams of NY..............................          Yea   Mrs. Foushee......................          Yea
Mr. Molinaro....................................          Yea
Mr. Collins.....................................          Nay
Mr. Ezell.......................................          Yea
Mr. Duarte......................................          Yea
Mr. Bean of FL..................................          Yea
----------------------------------------------------------------------------------------------------------------

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 2741 from the 
Director of the Congressional Budget Office:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    The bill would:
           Reauthorize and amend programs administered 
        by the Coast Guard
           Amend various requirements for obtaining the 
        Merchant Mariner Credential
           Accelerate spending to respond to oil spills
           Impose new civil and criminal penalties on 
        vessel operators
           Impose intergovernmental and private-sector 
        mandates by expanding the Coast Guard's authority to 
        regulate the security of vessels and facilities and 
        requiring certain vessel operators to comply with 
        registration, notification, and inspection 
        requirements.
    Estimated budgetary effects would mainly stem from:
           Authorizing appropriations for Coast Guard 
        programs for fiscal years 2024 and 2025
           Collecting fees from applicants for the 
        Merchant Mariner Credential
           Accelerating spending available without 
        further appropriation for responding to oil spills
           Increasing collections of civil and criminal 
        penalties
    Bill summary: H.R. 2741 would reauthorize and amend 
programs administered by the Coast Guard for fiscal years 2024 
and 2025. The bill also would amend the requirements for 
obtaining the Merchant Mariner Credential (MMC), accelerate 
spending for activities in response to oil spills, and impose 
new civil and criminal penalties on vessel operators for 
certain violations.
    Estimated Federal cost: The estimated budgetary effect of 
H.R. 2741 is shown in Table 1. The costs of the legislation 
largely fall within budget functions 050 (national defense), 
300 (natural resources and environment), 400 (transportation), 
450 (community and regional development), and 750 
(administration of justice).

                                                   TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 2741
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     By fiscal year, millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                                                                                                         2023-    2023-
                                                       2023    2024     2025    2026    2027    2028    2029   2030   2031  2032  2033    2028     2033
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Authorizationa.............................     0   14,243   14,781       *       *       *      *      *      *     *     *   29,024   29,024
Estimated Outlays....................................     0    8,275   11,569   4,056   1,868   1,437    904    365    122    52    17   27,205   28,665
--------------------------------------------------------------------------------------------------------------------------------------------------------
*=between zero and $500,000.
Enacting H.R. 2741 would affect direct spending and increase revenues. CBO estimates that the net decrease in the deficit would total less than $500,000
  over the 2023-2033 period.
a. H.R. 2741 also would authorize the appropriation of about $1.1 billion in 2024 for Coast Guard retired pay. That amount is not included in the table
  because retired pay is an appropriated entitlement. Spending is governed by underlying provisions in law that would not be affected by the bill.


    Basis of estimate: For this estimate, CBO assumes that H.R. 
2741 will be enacted near the end of fiscal year 2023, that the 
authorized amounts will be provided as specified in the bill, 
and that outlays will follow historical spending patterns.
    Spending subject to appropriation: H.R. 2741 would 
authorize the appropriation of $29.0 billion over the 2023-2028 
period. Assuming appropriation of the authorized amounts, CBO 
estimates that implementing the bill would cost $27.2 billion 
over the same period and $1.5 billion after 2028. CBO also 
estimates that about $400 million would not be spent.

               TABLE 2.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 2741
----------------------------------------------------------------------------------------------------------------
                                                      By fiscal year, millions of dollars--
                               ---------------------------------------------------------------------------------
                                   2023       2024       2025       2026       2027       2028       2023-2028
----------------------------------------------------------------------------------------------------------------
Operations and Support:
    Authorization.............          0     10,750     11,288          0          0          0          22,038
    Estimated Outlays.........          0      8,063     10,724      2,585        333        113          21,818
Procurement, Construction, and
 Improvements:
    Authorization.............          0      3,478      3,478          0          0          0           6,956
    Estimated Outlays.........          0        209        835      1,461      1,530      1,322           5,357
Research and Development:
    Authorization.............          0         15         15          0          0          0              30
    Estimated Outlays.........          0          3         10         10          5          2              30
Other Activities:
    Estimated Authorization...          0          *          *          *          *          *               *
    Estimated Outlays.........          0          *          *          *          *          *               *
    Total Changes:
        Estimated                       0     14,243     14,781          *          *          *          29,024
         Authorization........
        Estimated Outlays.....          0      8,275     11,569      4,056      1,868      1,437          27,205
----------------------------------------------------------------------------------------------------------------
* = between zero and $500,000.


    Coast Guard: H.R. 2741 would authorize appropriations 
totaling $14.2 billion in 2024 and $14.8 billion in 2025 for 
ongoing activities. The total authorized amount includes the 
following:
           $22.0 billion for operations and support, 
        including activities to enforce compliance with 
        environmental regulations;
           $7.0 billion to procure, construct, and 
        improve mission-related vessels, aircraft, facilities, 
        and infrastructure; and
           $30 million for research and development.
    For fiscal year 2023, the Congress appropriated $9.7 
billion for operations and support; $1.7 billion for 
procurement, construction, and improvements; and $7 million for 
research and development.
    Other activities: H.R. 2741 also would affect spending 
subject to appropriation for agencies other than the Coast 
Guard. For example, section 204 would require the National 
Oceanic and Atmospheric Administration and the Federal 
Emergency Management Agency to assist the Coast Guard in 
developing tsunami evacuation plans, and sections 312 and 313 
would require Customs and Border Protection to publish 
information on the activities of certain vessels. CBO estimates 
that the total cost to meet those requirements would not exceed 
$500,000 over the 2023-2028 period.
    Direct spending: CBO estimates that enacting several 
sections of H.R. 2741 would affect direct spending. 
Individually, each would increase or decrease direct spending 
by less than $500,000 over the 2023-2033 period. CBO estimates 
that taken together, those provisions would have an 
insignificant effect on net direct spending over the same 
period, but CBO cannot determine whether the net change would 
be an increase or a decrease in direct spending.
    Merchant Mariner Credential: Several sections of H.R. 2741 
would amend the requirements for obtaining the MMC, which could 
change collections of application and examination fees. MMC 
fees are recorded in the budget as offsetting receipts (that 
is, as reductions in direct spending). CBO estimates that the 
resulting change in direct spending would not be significant in 
any year because few MMC applications are likely to be affected 
and fees for the credential are relatively small.
    Oil spills: Other provisions in H.R. 2741 could accelerate 
spending related to oil spills that is available without 
further appropriation. Those provisions would limit judicial 
review after an oil spill and clarify the types of data that 
may be used in adjudicating claims for damage. CBO estimates 
that enacting those provisions would not significantly affect 
net direct spending over the 2023-2033 period.
    Coast Guard retired pay: H.R. 2741 also would authorize the 
appropriation of roughly $1.1 billion in 2024 for Coast Guard 
retired pay, a mandatory account that receives an annual 
appropriation. That account is permanently authorized and 
governed by underlying provisions in law; therefore, the 
spending that would be authorized by the bill is already 
reflected in CBO's baseline. Because the bill would not affect 
any of the underlying provisions for retired pay, enacting that 
provision would have no effect on direct spending.
    Revenues: Sections 331, 343, and 346 would create new civil 
or criminal penalties for operating vessels negligently, for 
manufacturing or distributing controlled substances, and for 
violating various requirements for crews on vessels and rigs, 
respectively. Civil and criminal penalties are recorded in the 
budget as revenues. Criminal fines are deposited in the Crime 
Victims Fund and later spent without further appropriation. CBO 
estimates that the revenues and direct spending associated with 
those penalties would not be significant in any year because of 
the relatively small number of cases likely to be affected.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. CBO estimates that enacting the bill would decrease 
the deficit by less than $500,000 over the 2023-2033 period. 
Direct spending would change by an insignificant amount, and 
revenues would increase by less than $500,000 in every year and 
over the 2023-2033 period.
    Increase in long-term net direct spending and deficits: CBO 
estimates that enacting H.R. 2741 would not significantly 
affect net direct spending in any of the four consecutive 10-
year periods beginning in 2034, but CBO cannot determine 
whether those long-term effects would be increases or decreases 
in direct spending.
    CBO estimates that enacting H.R. 2741 would not increase on 
budget deficits in any of the four consecutive 10-year periods 
beginning in 2034.
    Mandates: H.R. 2741 would impose intergovernmental and 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act (UMRA). CBO estimates the costs to comply would not 
exceed the thresholds established in UMRA for intergovernmental 
and private-sector mandates ($99 million and $198 million in 
2023, respectively, adjusted annually for inflation).
    The bill would allow the Coast Guard to implement new 
regulations to protect vessels, bridges, and structures (such 
as port facilities) that operate in or adjacent to federal 
waters from cybersecurity and physical threats. Regulations 
under the bill would impose a mandate by expanding existing 
requirements on some publicly and privately owned facilities to 
ensure the security of computer and telecommunication systems 
and property.
    The cost to comply with the mandate would depend on 
regulations to be published by the Coast Guard. Because high-
risk facilities and other affected entities already are subject 
to extensive security-related regulations, CBO estimates that 
any new regulations under the bill would result in a small 
incremental increase in compliance costs.
    H.R. 2741 would impose private-sector mandates on certain 
vessel operators by requiring them to register with the Coast 
Guard and to submit to additional inspections. CBO estimates 
that the cost of those mandates would be small.
    The bill also would impose a private-sector mandate on U.S. 
entities with financial interests in foreign-flagged vessels 
that operate on the Outer Continental Shelf by requiring 
operators to file notifications with Customs and Border 
Protection. Because the required information is readily 
available, CBO estimates that the cost of the mandate would be 
small and only include the share of costs borne by U.S. 
entities.
    Estimate prepared by: Federal costs: Aaron Krupkin 
(transportation); Aldo Prosperi (national defense); Aurora 
Swanson (natural resources and environment); Mandates: Brandon 
Lever.
    Estimate reviewed by: Susan Willie, Chief, Natural and 
Physical Resources Cost Estimates Unit; Kathleen FitzGerald, 
Chief, Public and Private Mandates Unit; H. Samuel Papenfuss, 
Deputy Director of Budget Analysis; Chad Chirico, Director of 
Budget Analysis.
    Estimate approved by: Phillip L. Swagel, Director, 
Congressional Budget Office.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to 
reauthorize the Coast Guard in support of its missions.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 2741, as amended, establishes or reauthorizes a program 
of the Federal government known to be duplicative of another 
Federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee finds that H.R. 2741, as amended, 
does not preempt any state, local, or tribal law.

                      Advisory Committee Statement

    Section 5(b) of the Federal Advisory Committee Act requires 
the report of any Committee establishing, or authorizing the 
establishment of any advisory committee, to include a statement 
as to whether the functions of the proposed advisory committee 
are being or could be performed by one or more agencies or by 
an advisory committee already in existence, or by enlarging the 
mandate of an existing advisory committee. The Committee finds 
that issues related to use and regulations of autonomous 
maritime systems poses sufficiently new and distinct questions 
for the Coast Guard that the creation of the National Advisory 
Committee on Autonomous Maritime Systems is merited instead of 
the expansion of the mandate of any existing advisory 
committee.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

             Section-by-Section Analysis of the Legislation


Section 1. Short title; Table of Contents

    This section provides that the Act may be cited as the 
``Coast Guard Authorization Act of 2023.''

Section 2. Commandant defined

    This section defines the term ``Commandant'' within the 
bill to mean the Commandant of the Coast Guard.

                Title I--Authorization of Appropriations


Section 101. Authorizations of appropriations

    This section amends Section 4902 of title 14, United States 
Code, to authorize appropriations of $14.24 billion for fiscal 
year 2024 and $14.78 billion for fiscal year 2025 for the Coast 
Guard.

Section 102. Shoreside infrastructure and facilities and information 
        technology

    This section authorizes $36.3 million for fiscal year 2024 
to modernize the Coast Guard's information technology (IT) 
infrastructure and $400 million for each of fiscal years 2024 
and 2025 to fund the acquisition, construction, rebuilding, or 
improvement of Coast Guard shoreside infrastructure facilities. 
Of the authorized amounts for IT infrastructure, $11 million is 
for a new merchant mariner credentialing system. In addition to 
those amounts, the section authorizes $130 million in fiscal 
year 2024 for an indoor training facility and $70 million for 
each of fiscal years 2024 and 2025 for the recapitalization of 
the barracks at the United States Coast Guard Training Center 
Cape May in Cape May, New Jersey. $30 million is authorized for 
each of fiscal years 2024 and 2025 to fund construction of a 
ship handling facility at the Coast Guard Yard in Baltimore, 
Maryland, and $130 million is authorized for fiscal year 2024 
to fund an expansion project at Coast Guard Base in Seattle, 
Washington.

Section 103. Availability of amounts for acquisition of additional 
        vessels and aircraft

    This section authorizes for fiscal year 2024 $400 million 
for the acquisition of four Fast Response Cutters, $125 million 
for a commercially available icebreaker, $55 million for a 
Great Lakes icebreaker, $20 million to procure long lead time 
materials for a Great Lakes icebreaker, and $30.5 million for 
Pacific Northwest heavy weather boats. This section also 
authorizes for fiscal year 2024 $138.5 million for one 
missionized HC-130J aircraft and $113 million for four MH-60T 
Jayhawk aircraft.

Section 104. Authorization for certain programs and services

    This section authorizes for each of the fiscal years 2024 
and 2025 $11.98 million to fund additional recruiting personnel 
and offices for the Coast Guard recruiting Command and $9 
million to enhance Coast Guard recruiting capabilities.

Section 105. Fishing vessel safety

    This section authorizes for each of the fiscal years 2024 
and 2025 $3 million in grants for the Fishing Safety Training 
Grants Program and $3 million in grants for the Fishing Safety 
Research Grant Program.

Section 106. Authorized levels of military strength and training

    This section authorizes 44,500 active-duty personnel for 
the Coast Guard for each of the fiscal years 2024 and 2025, 
2,500 student years for recruit and special training, 165 
student years for flight training, 385 student years for 
professional training, and 1,200 student years for officer 
acquisition.

                         Title II--Coast Guard


Section 201. Prohibition on use of lead systems integrators

    This section defines the term ``lead systems integrators'' 
as such term is defined in the National Defense Authorization 
Act for Fiscal Year 2006 (P.L. 109-163).

Section 202. Ports and waterways safety

    This section conforms port safety provisions to port 
security changes made in the maritime title of the FAA 
Reauthorization Act of 2018 (P.L. 115-254).

Section 203. Minor construction increase

    This section increases the threshold for minor construction 
and improvements for Coast Guard assets that can be funded with 
operating funds to $2 million.

Section 204. Tsunami evacuation plans

    This section directs the Coast Guard to establish tsunami 
evacuation plans for units and sectors located within areas at 
high or very high risk to tsunamis.

Section 205. Study on bering strait vessel traffic projections and 
        emergency response posture at the Port of Point Spencer, Alaska

    This section directs a National Academies of Science study 
on the current volume of commercial traffic that transits 
through the Bering Strait and projections for traffic growth 
over the next decade. The report would also assess the adequacy 
of emergency response capabilities and infrastructure at the 
Port of Point Spencer, Alaska, to address future navigation 
safety risks and geographic challenges necessary to conduct 
emergency maritime response operations in the Arctic 
environment.

Section 206. Service life extension programs

    This section provides the Coast Guard additional 
flexibility regarding service life extension programs for Coat 
Guard cutters.

Section 207. Underwater inspections brief

    This section directs the Coast Guard to provide a brief on 
the Service's underwater inspection in lieu of drydock program 
within 30 days of enactment.

Section 208. St. Lucie River Railroad Bridge

    This section directs the Coast Guard to conduct an 
independent boat traffic study at the St. Lucie River Railroad 
Bridge before adopting a final deviation.

Section 209. Online incident reporting system

    This section directs the Coast Guard's National Response 
Center to develop an online capacity to receive a notification 
of an oil discharge or release of a hazardous substance and 
allow any notification to the National Response Center that is 
required under Federal law or regulation to be submitted 
through the application.

Section 210. Maritime domain awareness in Coast Guard sector for Puerto 
        Rico and Virgin Islands

    This section directs the Coast Guard to provide a report to 
Congress on issues concerning maritime domain awareness in the 
area of responsibility of the Coast Guard for Puerto Rico and 
the United States Virgin Islands.

Section 211. Public availability of information on monthly drug and 
        migrant interdictions

    This section directs the Coast Guard to make available 
publicly information on the interdiction and quantity of drugs 
and number of migrants interdicted.

Section 212. Report on establishment of an unmanned systems 
        capabilities office

    This section directs the Coast Guard to report to Congress 
on its efforts to establish an unmanned systems capabilities 
office.

Section 213. Rulemaking regarding port access routes

    This section directs the Coast Guard to issue its final 
rule for the Atlantic Coast Port Route Access Study by December 
31, 2023.

Section 214. Great Lakes Icebreaker

    This section directs the Coast Guard to submit a strategy 
to Congress regarding the acquisition of the Great Lakes 
Icebreaker.

                          Title III--Maritime


            Subtitle A--American Samoa Mariners Act of 2023


Section 301. Merchant seamen licenses, certificate, and documents; 
        manning of vessels

    This section would enable American Samoans who meet the 
definition of a United States National to be eligible for 
merchant mariner credentials.

                     Subtitle B--Vessel Operations


Section 311. Definitions

    This section provides definitions.

Section 312. Notification

    This section requires certain vessel operators to provide 
notifications before undertaking certain operations.

Section 313. Publication of fines and penalties

    This section requires the publication of certain penalties 
and pre-penalty notices issued against vessel operators.

               Subtitle C--Merchant Mariner Credentialing


Section 321. Revising merchant mariner deck training requirements

    This section amends the requirements for certain merchant 
mariner credentials to consider advances in technology and 
training, and to align Coast Guard requirements with 
international requirements.

Section 322. Technical amendments

    This section changes the term ``seamen'' to ``seafarer'' in 
chapter 73 of title 46.

Section 323. Renewal of merchant mariner licenses and documents.

    This section clarifies that renewals to existing merchant 
mariner credentials begin the day after the expiration of the 
existing credential.

                       Subtitle D--Vessel Safety


Section 331. Grossly negligent operations of a vessel

    This section would make the grossly negligent operation of 
the vessel that results in serious bodily injury a Class E 
felony.

Section 332. Administrative procedure for security risks

    This section provides technical corrections to the 
requirements to hold a merchant mariner credential.

Section 333. Requirements for DUKW amphibious passenger vessels

    This section amends the definition of vessels covered under 
section 11502 of P.L. 117-263.

Section 334. Inspection and examination

    This section would allow the Coast Guard to implement risk-
based inspections of vessels carrying liquified natural gas.

                       Subtitle E--Other Matters


Section 341. Anchor handling activities

    This section clarifies requirements for certain vessels 
engaged in supporting offshore activities.

Section 342. Establishment of a National Advisory Committee on 
        Autonomous Maritime Systems

    This section establishes a National Autonomous Maritime 
Systems Advisory Committee within the Coast Guard.

Section 343. Controlled substance onboard vessels

    This section clarifies that under section 70503(a) of title 
46, United States Code, it is a prohibited act to place or 
cause to be placed a controlled substance on a vessel.

Section 344. Nonoperating individual

    This section extends through 2027 the current moratorium on 
enforcement of violations of the requirement workers on certain 
vessels, unless specifically exempted in law, have a merchant 
mariner credential even if those workers are not involved in 
the operation of the vessel. This extension allows workers not 
involved in the operation of the vessel to work on such vessel 
without having a merchant mariner credential.

Section 345. Information on type approval certificates

    This section requires the Coast Guard to provide certain 
ballast water data to states upon their request.

Section 346. Manning and crewing requirements for certain vessels, 
        vehicles, and structures

    This section clarifies manning and crewing requirements for 
certain maritime operators.

Section 347. Classification societies

    This section amends current law to allow the delegation of 
authority to inspect mobile offshore drilling units (MODUs) 
working on the United States outer Continental Shelf to certain 
foreign classification societies even if the home nation of 
such societies do not allow delegate inspection authority for 
MODUs operating the water of the home nation.

               Title IV--Oil Pollution Incident Liability


Section 401. Vessel response plans

    This section amends certain Coast Guard requirements for 
vessel response plans.

Section 402. Use of marine casualty investigations

    This section would clarify that the Coast Guard can use 
Marine Casualty Investigation Reports when adjudicating claims 
under the Oil Pollution Act.

Section 403. Timing of review

    This section clarifies the timing of legal challenges 
against a Federal On-Scene Coordinator's response decisions 
during an oil spill emergency.

       Title V--Technical, Conforming, and Clarifying Amendments


Section 501. Technical and conforming amendments

    This section contains technical amendments related to 
authorities in title 46 United States Code.

         Changes In Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 14, UNITED STATES CODE



           *       *       *       *       *       *       *
SUBTITLE I--ESTABLISHMENT, POWERS, DUTIES, AND ADMINISTRATION

           *       *       *       *       *       *       *


                    CHAPTER 5--FUNCTIONS AND POWERS

     * * * * * * *
Sec.
     * * * * * * *

       SUBCHAPTER II--LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES

     * * * * * * *
529. Public availability of information on monthly drug and migrant 
          interdictions.
     * * * * * * *

SUBCHAPTER II--LIFE SAVING AND LAW ENFORCEMENT AUTHORITIES

           *       *       *       *       *       *       *


Sec. 529. Public availability of information on monthly drug and 
                    migrant interdictions

  (a) In General.--Not later than the 15th day of each month, 
the Commandant shall make available to the public on the 
website of the Coast Guard the number of drug and migrant 
interdictions carried out by the Coast Guard during the 
preceding month.
  (b) Contents.--In making information about interdictions 
publicly available under subsection (a), the Commandant shall 
include a description of the following:
          (1) The number of incidents in which drugs were 
        interdicted, the amount and type of drugs interdicted, 
        and the Coast Guard sectors and geographic areas of 
        responsibility in which such incidents occurred.
          (2) The number of incidents in which migrants were 
        interdicted, the number of migrants interdicted, and 
        the Coast Guard sectors and geographic areas of 
        responsibility in which such incidents occurred.

           *       *       *       *       *       *       *


CHAPTER 9--ADMINISTRATION

           *       *       *       *       *       *       *


SUBCHAPTER I--REAL AND PERSONAL PROPERTY

           *       *       *       *       *       *       *


Sec. 903. Use of certain appropriated funds

  (a) Funds appropriated to or for the use of the Coast Guard 
for procurement, construction, and improvement of facilities 
and for research and development shall remain available until 
expended.
  (b) The Secretary may use any funds appropriated to or for 
the use of the Coast Guard for other construction purposes to 
restore, repair, or replace facilities that have been damaged 
or destroyed, including acquisition of sites.
  (c) The Secretary may use any funds appropriated to or for 
the use of the Coast Guard for other construction purposes to 
acquire, construct, convert, extend, and install at Coast Guard 
installations and facilities, needed permanent or temporary 
public works, including the preparation of sites and the 
furnishing of appurtenances, utilities, and equipment, but 
excluding the construction of family quarters, costing not more 
than $200,000 for any one project.
  (d) Minor Construction and Improvement.--
          (1) In general.--Subject to the reporting 
        requirements set forth in paragraph (2), each fiscal 
        year the Secretary may expend from amounts made 
        available for the operations and support of the Coast 
        Guard not more than [$1,500,000] $2,000,000 for minor 
        construction and improvement projects at any location.
          (2) Report.--Not later than the date on which the 
        President submits to Congress a budget under section 
        1105 of title 31 each year, the Secretary shall submit 
        to the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate a 
        report describing each project carried out under 
        paragraph (1), in the most recently concluded fiscal 
        year, for which the amount expended under such 
        paragraph for such project was more than $1,000,000. If 
        no such project was carried out during a fiscal year, 
        no report under this paragraph shall be required with 
        respect to that fiscal year.

           *       *       *       *       *       *       *


CHAPTER 11--ACQUISITIONS

           *       *       *       *       *       *       *


Sec.
     * * * * * * *

       SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES

     * * * * * * *
1138. Service life extension programs.
     * * * * * * *

SUBCHAPTER I--GENERAL PROVISIONS

           *       *       *       *       *       *       *


Sec. 1105. Prohibition on use of lead systems integrators

  (a) In General.--
          (1) Use of lead systems integrator.--The Commandant 
        may not use a private sector entity as a lead systems 
        integrator.
          (2) Full and open competition.--The Commandant shall 
        use full and open competition for any acquisition 
        contract unless otherwise excepted in accordance with 
        Federal acquisition laws and regulations promulgated 
        under those laws, including the Federal Acquisition 
        Regulation.
          (3) No effect on small business act.--Nothing in this 
        subsection shall be construed to supersede or otherwise 
        affect the authorities provided by and under the Small 
        Business Act (15 U.S.C. 631 et seq.).
  (b) Limitation on Financial Interest in Subcontractors.--
Neither an entity performing lead systems integrator functions 
for a Coast Guard acquisition nor a Tier 1 subcontractor for 
any acquisition may have a financial interest in a 
subcontractor below the Tier 1 subcontractor level unless--
          (1) the subcontractor was selected by the prime 
        contractor through full and open competition for such 
        procurement;
          (2) the procurement was awarded by an entity 
        performing lead systems integrator functions or a 
        subcontractor through full and open competition;
          (3) the procurement was awarded by a subcontractor 
        through a process over which the entity performing lead 
        systems integrator functions or a Tier 1 subcontractor 
        exercised no control; or
          (4) the Commandant has determined that the 
        procurement was awarded in a manner consistent with 
        Federal acquisition laws and regulations promulgated 
        under those laws, including the Federal Acquisition 
        Regulation.
  (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).

           *       *       *       *       *       *       *


SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES

           *       *       *       *       *       *       *


Sec. 1138. Service life extension programs

  (a) In General.--Requirements for a Level 1 or Level 2 
acquisition project or program under sections 1131 through 1134 
shall not apply to an acquisition by the Coast Guard that is a 
service life extension program.
  (b) Definition.--In this section, the term ``service life 
extension program'' means a capital investment that is solely 
intended to extend the service life and address obsolescence of 
components or systems of a particular capability or asset.

           *       *       *       *       *       *       *


SUBTITLE IV--COAST GUARD AUTHORIZATIONS AND REPORTS TO CONGRESS

           *       *       *       *       *       *       *


CHAPTER 49--AUTHORIZATIONS

           *       *       *       *       *       *       *


           *       *       *       *       *       *       *


Sec. 4902. Authorizations of appropriations

  Funds are authorized to be appropriated for [fiscal years 
2022 and 2023] fiscal years 2024 and 2025 for necessary 
expenses of the Coast Guard as follows:
          (1)(A) For the operation and maintenance of the Coast 
        Guard, not otherwise provided for--
                  [(i) $10,000,000,000 for fiscal year 2022; 
                and
                  [(ii) $10,750,000,000 for fiscal year 2023.]
                  (i) $10,750,000,000 for fiscal year 2024; and
                  (ii) $11,287,500,000 for fiscal year 2025.
          (B) Of the amount authorized under subparagraph 
        (A)(i), [$23,456,000] $24,353,000 shall be for 
        environmental compliance and restoration.
          (C) Of the amount authorized under subparagraph 
        (A)(ii), [$24,353,000] $25,570,000 shall be for 
        environmental compliance and restoration.
          (2)(A) For the procurement, construction, renovation, 
        and improvement of aids to navigation, shore 
        facilities, vessels, aircraft, and systems, including 
        equipment related thereto, and for maintenance, 
        rehabilitation, lease, and operation of facilities and 
        equipment--
                  [(i) $3,312,114,000 for fiscal year 2022; and
                  [(ii) $3,477,600,000 for fiscal year 2023.]
                  (i) $3,477,600,000 for fiscal year 2024; and
                  (ii) $3,477,600,000 for fiscal year 2025.
          (B) Of the amounts authorized under subparagraph (A), 
        the following amounts shall be for the alteration of 
        bridges:
                  [(i) $20,400,000 for fiscal year 2022; and
                  [(ii) $20,808,000 for fiscal year 2023.]
                  (i) $20,808,000 for fiscal year 2024; and
                  (ii) $20,808,000 for fiscal year 2025.
          (3) To the Commandant for research, development, 
        test, and evaluation of technologies, materials, and 
        human factors directly related to improving the 
        performance of the Coast Guard's mission with respect 
        to search and rescue, aids to navigation, marine 
        safety, marine environmental protection, enforcement of 
        laws and treaties, ice operations, oceanographic 
        research, and defense readiness, and for maintenance, 
        rehabilitation, lease, and operation of facilities and 
        equipment--
                  [(A) $7,476,000 for fiscal year 2022; and
                  [(B) $14,681,084 for fiscal year 2023.]
                  (A) $14,681,084 for fiscal year 2024; and
                  (B) $15,415,000 for fiscal year 2025.
          [(4) For the Coast Guard's Medicare-eligible retiree 
        health care fund contribution to the Department of 
        Defense--
                  [(A) $240,577,000 for fiscal year 2022; and
                  [(B) $252,887,000 for fiscal year 2023.]
          (4) For retired pay, including the payment of 
        obligations otherwise chargeable to lapsed 
        appropriations for this purpose, payments under the 
        Retired Serviceman's Family Protection and Survivor 
        Benefits Plans, payment for career status bonuses, 
        payment of continuation pay under section 356 of title 
        37, concurrent receipts, combat-related special 
        compensation, and payments for medical care of retired 
        personnel and the dependents of such personnel under 
        chapter 55 of title 10, $1,147,244,000 for fiscal year 
        2024.

           *       *       *       *       *       *       *


Sec. 4904. Authorized levels of military strength and training

  (a) Active Duty Strength.--The Coast Guard is authorized an 
end-of-year strength for active duty personnel of 44,500 for 
each of [fiscal years 2022 and 2023] fiscal years 2024 and 
2025.
  (b) Military Training Student Loads.--The Coast Guard is 
authorized average military training student loads for each of 
[fiscal years 2022 and 2023] fiscal years 2024 and 2025 as 
follows:
          (1) For recruit and special training, 2,500 student 
        years.
          (2) For flight training, 165 student years.
          (3) For professional training in military and 
        civilian institutions, 385 student years.
          (4) For officer acquisition, 1,200 student years.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 46, UNITED STATES CODE


 Subtitle                                                           Sec.
      GENERAL........................................................101
2101VESSELS AND [SEAMEN] SEAFARER.....................................

           *       *       *       *       *       *       *


SUBTITLE II--VESSELS AND [SEAMEN] SEAFARER

           *       *       *       *       *       *       *


PART A--GENERAL PROVISIONS

           *       *       *       *       *       *       *


CHAPTER 21--GENERAL

           *       *       *       *       *       *       *


Sec. 2101. General definitions

  In this subtitle--
          (1) ``associated equipment''--
                  (A) means--
                          (i) a system, accessory, component, 
                        or appurtenance of a recreational 
                        vessel; or
                          (ii) a marine safety article intended 
                        for use on board a recreational vessel; 
                        but
                  (B) with the exception of emergency locator 
                beacons for recreational vessels operating 
                beyond 3 nautical miles from the baselines from 
                which the territorial sea of the United States 
                is measured or beyond 3 nautical miles from the 
                coastline of the Great Lakes, does not include 
                radio equipment.
          (2) ``Coast Guard'' means the organization 
        established and continued under section 1 of title 14.
          (3) ``Commandant'' means the Commandant of the Coast 
        Guard.
          (4) ``commercial service'' includes any type of trade 
        or business involving the transportation of goods or 
        individuals, except service performed by a combatant 
        vessel.
          (5) ``consideration'' means an economic benefit, 
        inducement, right, or profit including pecuniary 
        payment accruing to an individual, person, or entity, 
        but not including a voluntary sharing of the actual 
        expenses of the voyage, by monetary contribution or 
        donation of fuel, food, beverage, or other supplies.
          (6) ``crude oil'' means a liquid hydrocarbon mixture 
        occurring naturally in the earth, whether or not 
        treated to render it suitable for transportation, and 
        includes crude oil from which certain distillate 
        fractions may have been removed, and crude oil to which 
        certain distillate fractions may have been added.
          (7) ``crude oil tanker'' means a tanker engaged in 
        the trade of carrying crude oil.
          (8) ``dangerous drug'' means a narcotic drug, a 
        controlled substance, or a controlled substance analog 
        (as defined in section 102 of the Comprehensive Drug 
        Abuse Prevention and Control Act of 1970 (21 U.S.C. 
        802)).
          (9) ``discharge'', when referring to a substance 
        discharged from a vessel, includes spilling, leaking, 
        pumping, pouring, emitting, emptying, or dumping, 
        however caused.
          (10) ``ferry'' means a vessel that is used on a 
        regular schedule--
                  (A) to provide transportation only between 
                places that are not more than 300 miles apart; 
                and
                  (B) to transport only--
                          (i) passengers; or
                          (ii) vehicles, or railroad cars, that 
                        are being used, or have been used, in 
                        transporting passengers or goods.
          (11) ``fish'' means finfish, mollusks, crustaceans, 
        and all other forms of marine animal and plant life, 
        except marine mammals and birds.
          (12) ``fishing vessel'' means a vessel that 
        commercially engages in the catching, taking, or 
        harvesting of fish or an activity that can reasonably 
        be expected to result in the catching, taking, or 
        harvesting of fish.
          (13) ``fish processing vessel'' means a vessel that 
        commercially prepares fish or fish products other than 
        by gutting, decapitating, gilling, skinning, shucking, 
        icing, freezing, or brine chilling.
          (14) ``fish tender vessel'' means a vessel that 
        commercially supplies, stores, refrigerates, or 
        transports fish, fish products, or materials directly 
        related to fishing or the preparation of fish to or 
        from a fishing, fish processing, or fish tender vessel 
        or a fish processing facility.
          (15) ``freight vessel'' means a motor vessel of more 
        than 15 gross tons as measured under section 14502 of 
        this title, or an alternate tonnage measured under 
        section 14302 of this title as prescribed by the 
        Secretary under section 14104 of this title that 
        carries freight for hire, except an oceanographic 
        research vessel or an offshore supply vessel.
          (16) ``Great Lakes barge'' means a non-self-propelled 
        vessel of at least 3,500 gross tons as measured under 
        section 14502 of this title, or an alternate tonnage 
        measured under section 14302 of this title as 
        prescribed by the Secretary under section 14104 of this 
        title operating on the Great Lakes.
          (17) ``hazardous material'' means a liquid material 
        or substance that is--
                  (A) flammable or combustible;
                  (B) designated a hazardous substance under 
                section 311(b) of the Federal Water Pollution 
                Control Act (33 U.S.C. 1321); or
                  (C) designated a hazardous material under 
                section 5103(a) of title 49.
          (18) ``major conversion'' means a conversion of a 
        vessel that--
                  (A) substantially changes the dimensions or 
                carrying capacity of the vessel;
                  (B) changes the type of the vessel;
                  (C) substantially prolongs the life of the 
                vessel; or
                  (D) otherwise so changes the vessel that it 
                is essentially a new vessel, as decided by the 
                Secretary.
          (19) ``marine environment'' means--
                  (A) the navigable waters of the United States 
                and the land and resources in and under those 
                waters;
                  (B) the waters and fishery resources of an 
                area over which the United States asserts 
                exclusive fishery management authority;
                  (C) the seabed and subsoil of the outer 
                Continental Shelf of the United States, the 
                resources of the Shelf, and the waters 
                superjacent to the Shelf; and
                  (D) the recreational, economic, and scenic 
                values of the waters and resources referred to 
                in subclauses (A)-(C) of this clause.
          (20) ``merchant mariner credential'' means a merchant 
        mariner license, certificate, or document that the 
        Secretary is authorized to issue pursuant to this 
        title.
          [(20)] (21) ``mobile offshore drilling unit'' means a 
        vessel capable of engaging in drilling operations for 
        the exploration or exploitation of subsea resources.
          [(21)] (22) ``motor vessel'' means a vessel propelled 
        by machinery other than steam.
          [(22)] (23) ``nautical school vessel'' means a vessel 
        operated by or in connection with a nautical school or 
        an educational institution under section 558 of title 
        40.
          [(23)] (24) ``navigable waters of the United States'' 
        includes all waters of the territorial sea of the 
        United States as described in Presidential Proclamation 
        No. 5928 of December 27, 1988.
          [(24)] (25) ``oceanographic research vessel'' means a 
        vessel that the Secretary finds is being employed only 
        in instruction in oceanography or limnology, or both, 
        or only in oceanographic or limnological research, 
        including studies about the sea such as seismic, 
        gravity meter, and magnetic exploration and other 
        marine geophysical or geological surveys, atmospheric 
        research, and biological research.
          [(25)] (26) ``offshore supply vessel'' means a motor 
        vessel that regularly carries goods, supplies, 
        individuals in addition to the crew, or equipment in 
        support of exploration, exploitation, or production of 
        offshore mineral or energy resources.
          [(26)] (27) ``oil'' includes oil of any type or in 
        any form, including petroleum, fuel oil, sludge, oil 
        refuse, and oil mixed with wastes except dredged spoil.
          [(27)] (28) ``oil spill response vessel'' means a 
        vessel that is designated in its certificate of 
        inspection as such a vessel, or that is adapted to 
        respond to a discharge of oil or a hazardous material.
          [(28)] (29) ``overall in length'' means--
                  (A) for a foreign vessel or a vessel engaged 
                on a foreign voyage, the greater of--
                          (i) 96 percent of the length on a 
                        waterline at 85 percent of the least 
                        molded depth measured from the top of 
                        the keel (or on a vessel designed with 
                        a rake of keel, on a waterline parallel 
                        to the designed waterline); or
                          (ii) the length from the fore side of 
                        the stem to the axis of the rudder 
                        stock on that waterline; and
                  (B) for any other vessel, the horizontal 
                distance of the hull between the foremost part 
                of the stem and the aftermost part of the 
                stern, excluding fittings and attachments.
          [(29)] (30) ``passenger''--
                  (A) means an individual carried on the vessel 
                except--
                          (i) the owner or an individual 
                        representative of the owner or, in the 
                        case of a vessel under charter, an 
                        individual charterer or individual 
                        representative of the charterer;
                          (ii) the master; or
                          (iii) a member of the crew engaged in 
                        the business of the vessel who has not 
                        contributed consideration for carriage 
                        and who is paid for on board services;
                  (B) on an offshore supply vessel, means an 
                individual carried on the vessel except--
                          (i) an individual included in clause 
                        (i), (ii), or (iii) of subparagraph (A) 
                        of this paragraph;
                          (ii) an employee of the owner, or of 
                        a subcontractor to the owner, engaged 
                        in the business of the owner;
                          (iii) an employee of the charterer, 
                        or of a subcontractor to the charterer, 
                        engaged in the business of the 
                        charterer; or
                          (iv) an individual employed in a 
                        phase of exploration, exploitation, or 
                        production of offshore mineral or 
                        energy resources served by the vessel;
                  (C) on a fishing vessel, fish processing 
                vessel, or fish tender vessel, means an 
                individual carried on the vessel except--
                          (i) an individual included in clause 
                        (i), (ii), or (iii) of subparagraph (A) 
                        of this paragraph;
                          (ii) a managing operator;
                          (iii) an employee of the owner, or of 
                        a subcontractor to the owner, engaged 
                        in the business of the owner;
                          (iv) an employee of the charterer, or 
                        of a subcontractor to the charterer, 
                        engaged in the business of the 
                        charterer; or
                          (v) an observer or sea sampler on 
                        board the vessel pursuant to a 
                        requirement of State or Federal law; or
                  (D) on a sailing school vessel, means an 
                individual carried on the vessel except--
                          (i) an individual included in clause 
                        (i), (ii), or (iii) of subparagraph (A) 
                        of this paragraph;
                          (ii) an employee of the owner of the 
                        vessel engaged in the business of the 
                        owner, except when the vessel is 
                        operating under a demise charter;
                          (iii) an employee of the demise 
                        charterer of the vessel engaged in the 
                        business of the demise charterer; or
                          (iv) a sailing school instructor or 
                        sailing school student.
          [(30)] (31) ``passenger for hire'' means a passenger 
        for whom consideration is contributed as a condition of 
        carriage on the vessel, whether directly or indirectly 
        flowing to the owner, charterer, operator, agent, or 
        any other person having an interest in the vessel.
          [(31)] (32) ``passenger vessel'' means a vessel of at 
        least 100 gross tons as measured under section 14502 of 
        this title, or an alternate tonnage measured under 
        section 14302 of this title as prescribed by the 
        Secretary under section 14104 of this title--
                  (A) carrying more than 12 passengers, 
                including at least one passenger for hire;
                  (B) that is chartered and carrying more than 
                12 passengers;
                  (C) that is a submersible vessel carrying at 
                least one passenger for hire; or
                  (D) that is a ferry carrying a passenger.
          [(32)] (33) ``product carrier'' means a tanker 
        engaged in the trade of carrying oil except crude oil.
          [(33)] (34) ``public vessel'' means a vessel that--
                  (A) is owned, or demise chartered, and 
                operated by the United States Government or a 
                government of a foreign country; and
                  (B) is not engaged in commercial service.
          [(34)] (35) ``recreational vessel'' means a vessel--
                  (A) being manufactured or operated primarily 
                for pleasure; or
                  (B) leased, rented, or chartered to another 
                for the latter's pleasure.
          [(35)] (36) ``recreational vessel manufacturer'' 
        means a person engaged in the manufacturing, 
        construction, assembly, or importation of recreational 
        vessels, components, or associated equipment.
          [(36)] (37) ``riding gang member'' means an 
        individual who--
                  (A) has not been issued a merchant mariner 
                document under chapter 73;
                  (B) does not perform--
                          (i) watchstanding, automated engine 
                        room duty watch, or personnel safety 
                        functions; or
                          (ii) cargo handling functions, 
                        including any activity relating to the 
                        loading or unloading of cargo, the 
                        operation of cargo-related equipment 
                        (whether or not integral to the 
                        vessel), and the handling of mooring 
                        lines on the dock when the vessel is 
                        made fast or let go;
                  (C) does not serve as part of the crew 
                complement required under section 8101;
                  (D) is not a member of the steward's 
                department; and
                  (E) is not a citizen or temporary or 
                permanent resident of a country designated by 
                the United States as a sponsor of terrorism or 
                any other country that the Secretary, in 
                consultation with the Secretary of State and 
                the heads of other appropriate United States 
                agencies, determines to be a security threat to 
                the United States.
          [(37)] (38) ``sailing instruction'' means teaching, 
        research, and practical experience in operating vessels 
        propelled primarily by sail and may include--
                  (A) any subject related to that operation and 
                to the sea, including seamanship, navigation, 
                oceanography, other nautical and marine 
                sciences, and maritime history and literature; 
                and
                  (B) only when in conjunction with a subject 
                referred to in subclause (A) of this clause, 
                instruction in mathematics and language arts 
                skills to sailing school students having 
                learning disabilities.
          [(38)] (39) ``sailing school instructor'' means an 
        individual who is on board a sailing school vessel to 
        provide sailing instruction, but does not include an 
        operator or crewmember who is among those required to 
        be on board the vessel to meet a requirement 
        established under part F of this subtitle.
          [(39)] (40) ``sailing school student'' means an 
        individual who is on board a sailing school vessel to 
        receive sailing instruction.
          [(40)] (41) ``sailing school vessel'' means a 
        vessel--
                  (A) that is less than 500 gross tons as 
                measured under section 14502 of this title, or 
                an alternate tonnage measured under section 
                14302 of this title as prescribed by the 
                Secretary under section 14104 of this title;
                  (B) carrying more than 6 individuals who are 
                sailing school instructors or sailing school 
                students;
                  (C) principally equipped for propulsion by 
                sail, even if the vessel has an auxiliary means 
                of propulsion; and
                  (D) owned or demise chartered, and operated 
                by an organization described in section 
                501(c)(3) of the Internal Revenue Code of 1986 
                (26 U.S.C. 501(c)(3)) and exempt from tax under 
                section 501(a) of that Code, or by a State or 
                political subdivision of a State, during times 
                that the vessel is operated by the 
                organization, State, or political subdivision 
                only for sailing instruction.
          [(41)] (42)(A) Subject to subparagraph (B), 
        ``scientific personnel'' means individuals on board an 
        oceanographic research vessel only to engage in 
        scientific research, or to instruct or receive 
        instruction in oceanography or limnology.
          (B)(i) Such term includes an individual who is on 
        board an oceanographic research vessel only to--
                  (I) engage in scientific research;
                  (II) instruct in oceanography or limnology; 
                or
                  (III) receive instruction in oceanography or 
                limnology.
          (ii) For purposes of clause (i), the age of an 
        individual may not be considered in determining whether 
        the individual is described in such clause.
          [(42)] (43) ``seagoing barge'' means a non-self-
        propelled vessel of at least 100 gross tons as measured 
        under section 14502 of this title, or an alternate 
        tonnage measured under section 14302 of this title as 
        prescribed by the Secretary under section 14104 of this 
        title making voyages beyond the Boundary Line.
          [(43)] (44) ``seagoing motor vessel'' means a motor 
        vessel of at least 300 gross tons as measured under 
        section 14502 of this title, or an alternate tonnage 
        measured under section 14302 of this title as 
        prescribed by the Secretary under section 14104 of this 
        title making voyages beyond the Boundary Line.
          [(44)] (45) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating.
          [(45)] (46) ``sexual assault'' means any form of 
        abuse or contact as defined in chapter 109A of title 
        18, or a substantially similar offense under State, 
        local, or Tribal law.
          [(46)] (47) ``sexual harassment'' means--
                  (A) conduct that--
                          (i) involves unwelcome sexual 
                        advances, requests for sexual favors, 
                        or deliberate or repeated offensive 
                        comments or gestures of a sexual nature 
                        if any--
                                  (I) submission to such 
                                conduct is made either 
                                explicitly or implicitly a term 
                                or condition of employment, 
                                pay, career, benefits, or 
                                entitlements of the individual;
                                  (II) submission to, or 
                                rejection, of such conduct by 
                                an individual is used as a 
                                basis for decisions affecting 
                                that individual's job, pay, 
                                career, benefits, or 
                                entitlements;
                                  (III) such conduct has the 
                                purpose or effect of 
                                unreasonably interfering with 
                                an individual's work 
                                performance or creates an 
                                intimidating, hostile, or 
                                offensive work environment; or
                                  (IV) conduct may have been by 
                                an individual's supervisor, a 
                                supervisor in another area, a 
                                co-worker, or another 
                                credentialed mariner; and
                          (ii) is so severe or pervasive that a 
                        reasonable person would perceive, and 
                        the victim does perceive, the 
                        environment as hostile or offensive;
                  (B) any use or condonation associated with 
                first-hand or personal knowledge, by any 
                individual in a supervisory or command 
                position, of any form of sexual behavior to 
                control, influence, or affect the career, pay, 
                benefits, entitlements, or employment of a 
                subordinate; [and] or
                  (C) any intentional or repeated unwelcome 
                verbal comment or gesture of a sexual nature 
                towards or about an individual by the 
                individual's supervisor, a supervisor in 
                another area, a coworker, or another 
                credentialed mariner.
          [(47)] (48) ``small passenger vessel'' means a wing-
        in-ground craft, regardless of tonnage, carrying at 
        least one passenger for hire, and a vessel of less than 
        100 gross tons as measured under section 14502 of this 
        title, or an alternate tonnage measured under section 
        14302 of this title as prescribed by the Secretary 
        under section 14104 of this title--
                  (A) carrying more than 6 passengers, 
                including at least one passenger for hire;
                  (B) that is chartered with the crew provided 
                or specified by the owner or the owner's 
                representative and carrying more than 6 
                passengers;
                  (C) that is chartered with no crew provided 
                or specified by the owner or the owner's 
                representative and carrying more than 12 
                passengers;
                  (D) that is a submersible vessel carrying at 
                least one passenger for hire; or
                  (E) that is a ferry carrying more than 6 
                passengers.
          [(48)] (49) ``steam vessel'' means a vessel propelled 
        in whole or in part by steam, except a recreational 
        vessel of not more than 40 feet in length.
          [(49)] (50) ``submersible vessel'' means a vessel 
        that is capable of operating below the surface of the 
        water.
          [(50)] (51) ``tanker'' means a self-propelled tank 
        vessel constructed or adapted primarily to carry oil or 
        hazardous material in bulk in the cargo spaces.
          [(51)] (52) ``tank vessel'' means a vessel that is 
        constructed or adapted to carry, or that carries, oil 
        or hazardous material in bulk as cargo or cargo 
        residue, and that--
                  (A) is a vessel of the United States;
                  (B) operates on the navigable waters of the 
                United States; or
                  (C) transfers oil or hazardous material in a 
                port or place subject to the jurisdiction of 
                the United States.
          [(52)] (53) ``towing vessel'' means a commercial 
        vessel engaged in or intending to engage in the service 
        of pulling, pushing, or hauling along side, or any 
        combination of pulling, pushing, or hauling along side.
          [(53)] (54) ``uninspected passenger vessel'' means an 
        uninspected vessel--
                  (A) of at least 100 gross tons as measured 
                under section 14502 of this title, or an 
                alternate tonnage measured under section 14302 
                of this title as prescribed by the Secretary 
                under section 14104 of this title--
                          (i) carrying not more than 12 
                        passengers, including at least one 
                        passenger for hire; or
                          (ii) that is chartered with the crew 
                        provided or specified by the owner or 
                        the owner's representative and carrying 
                        not more than 12 passengers; and
                  (B) of less than 100 gross tons as measured 
                under section 14502 of this title, or an 
                alternate tonnage measured under section 14302 
                of this title as prescribed by the Secretary 
                under section 14104 of this title--
                          (i) carrying not more than 6 
                        passengers, including at least one 
                        passenger for hire; or
                          (ii) that is chartered with the crew 
                        provided or specified by the owner or 
                        the owner's representative and carrying 
                        not more than 6 passengers.
          [(54)] (55) ``uninspected vessel'' means a vessel not 
        subject to inspection under section 3301 of this title 
        that is not a recreational vessel.
          [(55)] (56) ``vessel of war'' means a vessel--
                  (A) belonging to the armed forces of a 
                country;
                  (B) bearing the external marks distinguishing 
                vessels of war of that country;
                  (C) under the command of an officer 
                commissioned by the government of that country 
                and whose name appears in the appropriate 
                service list or its equivalent; and
                  (D) staffed by a crew under regular armed 
                forces discipline.
          [(56)] (57) ``wing-in-ground craft'' means a vessel 
        that is capable of operating completely above the 
        surface of the water on a dynamic air cushion created 
        by aerodynamic lift due to the ground effect between 
        the vessel and the water's surface.

           *       *       *       *       *       *       *


CHAPTER 23--OPERATION OF VESSELS GENERALLY

           *       *       *       *       *       *       *


Sec. 2302. Penalties for negligent operations and interfering with safe 
                    operation

  (a) A person operating a vessel in a negligent manner or 
interfering with the safe operation of a vessel, so as to 
endanger the life, limb, or property of a person is liable to 
the United States Government for a civil penalty of not more 
than $5,000 in the case of a recreational vessel, or $25,000 in 
the case of any other vessel.
  [(b) 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.]
  (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.
  (c) An individual who is under the influence of alcohol, or a 
dangerous drug in violation of a law of the United States when 
operating a vessel, as determined under standards prescribed by 
the Secretary by regulation--
          (1) is liable to the United States Government for a 
        civil penalty of not more than $5,000; or
          (2) commits a class A misdemeanor.
  (d) For a penalty imposed under this section, the vessel also 
is liable in rem unless the vessel is--
          (1) owned by a State or a political subdivision of a 
        State;
          (2) operated principally for governmental purposes; 
        and
          (3) identified clearly as a vessel of that State or 
        subdivision.
  (e)(1) A vessel may not transport Government-impelled cargoes 
if--
          (A) the vessel has been detained and determined to be 
        substandard by the Secretary for violation of an 
        international safety convention to which the United 
        States is a party, and the Secretary has published 
        notice of that detention and determination in an 
        electronic form, including the name of the owner of the 
        vessel; or
          (B) the operator of the vessel has on more than one 
        occasion had a vessel detained and determined to be 
        substandard by the Secretary for violation of an 
        international safety convention to which the United 
        States is a party, and the Secretary has published 
        notice of that detention and determination in an 
        electronic form, including the name of the owner of the 
        vessel.
  (2) The prohibition in paragraph (1) expires for a vessel on 
the earlier of--
          (A) 1 year after the date of the publication in 
        electronic form on which the prohibition is based; or
          (B) any date on which the owner or operator of the 
        vessel prevails in an appeal of the violation of the 
        relevant international convention on which the 
        detention is based.
  (3) As used in this subsection, the term ``Government-
impelled cargo'' means cargo for which a Federal agency 
contracts directly for shipping by water or for which (or the 
freight of which) a Federal agency provides financing, 
including financing by grant, loan, or loan guarantee, 
resulting in shipment of the cargo by water.

           *       *       *       *       *       *       *


PART B--INSPECTION AND REGULATION OF VESSELS

           *       *       *       *       *       *       *


CHAPTER 33--INSPECTION GENERALLY

           *       *       *       *       *       *       *


Sec. 3316. Classification societies

  (a) Each department, agency, and instrumentality of the 
United States Government shall recognize the American Bureau of 
Shipping as its agent in classifying vessels owned by the 
Government and in matters related to classification, as long as 
the Bureau is maintained as an organization having no capital 
stock and paying no dividends. The Secretary and the Secretary 
of Transportation each shall appoint one representative (except 
when the Secretary is the Secretary of Transportation, in which 
case the Secretary shall appoint both representatives) who 
shall represent the Government on the executive committee of 
the Bureau. The Bureau shall agree that the representatives 
shall be accepted by it as active members of the committee. The 
representatives shall serve without compensation, except for 
necessary traveling expenses.
  (b)(1) The Secretary may delegate to the American Bureau of 
Shipping or another classification society recognized by the 
Secretary as meeting acceptable standards for such a society, 
for a vessel documented or to be documented under chapter 121 
of this title, the authority to--
          (A) review and approve plans required for issuing a 
        certificate of inspection required by this part;
          (B) conduct inspections and examinations; and
          (C) issue a certificate of inspection required by 
        this part and other related documents.
  (2) The Secretary may make a delegation under paragraph (1) 
to a foreign classification society only--
          (A) to the extent that the government of the foreign 
        country in which the society is headquartered delegates 
        authority and provides access to the American Bureau of 
        Shipping to inspect, certify, and provide related 
        services to vessels documented in that country;
          (B) if the foreign classification society has offices 
        and maintains records in the United States; and
          (C) if the Secretary of State determines that the 
        foreign classification society does not provide 
        comparable services in or for a state sponsor of 
        terrorism.
  (3) When an inspection or examination has been delegated 
under this subsection, the Secretary's delegate--
          (A) shall maintain in the United States complete 
        files of all information derived from or necessarily 
        connected with the inspection or examination for at 
        least 2 years after the vessel ceases to be certified; 
        and
          (B) shall permit access to those files at all 
        reasonable times to any officer, employee, or member of 
        the Coast Guard designated--
                  (i) as a marine inspector and serving in a 
                position as a marine inspector; or
                  (ii) in writing by the Secretary to have 
                access to those files.
  (c)(1) A classification society (including an employee or 
agent of that society) may not review, examine, survey, or 
certify the construction, repair, or alteration of a vessel in 
the United States unless the society has applied for approval 
under this subsection and the Secretary has reviewed and 
approved that society with respect to the conduct of that 
society under paragraph (2).
  (2) The Secretary may approve a person for purposes of 
paragraph (1) only if the Secretary determines that--
          (A) the vessels surveyed by the person while acting 
        as a classification society have an adequate safety 
        record; and
          (B) the person has an adequate program to--
                  (i) develop and implement safety standards 
                for vessels surveyed by the person;
                  (ii) make the safety records of the person 
                available to the Secretary in an electronic 
                format;
                  (iii) provide the safety records of a vessel 
                surveyed by the person to any other 
                classification society that requests those 
                records for the purpose of conducting a survey 
                of the vessel; and
                  (iv) request the safety records of a vessel 
                the person will survey from any classification 
                society that previously surveyed the vessel.
  (d)(1) The Secretary may delegate to the American Bureau of 
Shipping or another classification society recognized by the 
Secretary as meeting acceptable standards for such a society, 
for a United States offshore facility, the authority to--
          (A) review and approve plans required for issuing a 
        certificate of inspection, a certificate of compliance, 
        or any other certification and related documents issued 
        by the Coast Guard pursuant to regulations issued under 
        section 30 of the Outer Continental Shelf Lands Act (43 
        U.S.C. 1356); and
          (B) conduct inspections and examinations.
  (2) The Secretary may make a delegation under paragraph (1) 
to a foreign classification society only if--
          (A) the foreign society has offices and maintains 
        records in the United States;
          (B)[(i) the government of the foreign country in 
        which the foreign society is headquartered delegates 
        that authority to the American Bureau of Shipping; 
        or](i) the government of the foreign country in which 
        the foreign society is headquartered--
                  (I) delegates that authority to the American 
                Bureau of Shipping; or
                  (II) does not delegate that authority to any 
                classification society; or 
          (ii) the Secretary has entered into an agreement with 
        the government of the foreign country in which the 
        foreign society is headquartered that--
                  (I) ensures the government of the foreign 
                country will accept plan review, inspections, 
                or examinations conducted by the American 
                Bureau of Shipping and provide equivalent 
                access to inspect, certify, and provide related 
                services to offshore facilities located in that 
                country or operating under the authority of 
                that country; and
                  (II) is in full accord with principles of 
                reciprocity in regards to any delegation 
                contemplated by the Secretary under paragraph 
                (1); and
          (C) the Secretary of State determines that the 
        foreign classification society does not provide 
        comparable services in or for a state sponsor of 
        terrorism.
  (3) If an inspection or examination is conducted under 
authority delegated under this subsection, the person to which 
the authority was delegated--
          (A) shall maintain in the United States complete 
        files of all information derived from or necessarily 
        connected with the inspection or examination for at 
        least 2 years after the United States offshore facility 
        ceases to be certified; and
          (B) shall permit access to those files at all 
        reasonable times to any officer, employee, or member of 
        the Coast Guard designated--
                  (i) as a marine inspector and serving in a 
                position as a marine inspector; or
                  (ii) in writing by the Secretary to have 
                access to those files.
  (4) For purposes of this subsection--
          (A) the term ``offshore facility'' means any 
        installation, structure, or other device (including any 
        vessel not documented under chapter 121 of this title 
        or the laws of another country), fixed or floating, 
        that dynamically holds position or is temporarily or 
        permanently attached to the seabed or subsoil under the 
        sea; and
          (B) the term ``United States offshore facility'' 
        means any offshore facility, fixed or floating, that 
        dynamically holds position or is temporarily or 
        permanently attached to the seabed or subsoil under the 
        territorial sea of the United States or the outer 
        Continental Shelf (as that term is defined in section 2 
        of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1331)), including any vessel, rig, platform, or other 
        vehicle or structure subject to regulation under 
        section 30 of the Outer Continental Shelf Lands Act (43 
        U.S.C. 1356).
          (5) Clarification on authority.--Nothing in this 
        subsection authorizes the Secretary to make a 
        delegation under paragraph (2) to a classification 
        society from the People's Republic of China.
  (e) The Secretary shall revoke a delegation made to a 
classification society under subsection (b) or (d) if the 
Secretary of State determines that the classification society 
provides comparable services in or for a state sponsor of 
terrorism.
  (f)(1) Upon request of an owner or operator of an offshore 
supply vessel, the Secretary shall delegate the authorities set 
forth in paragraph (1) of subsection (b) with respect to such 
vessel to a classification society to which a delegation is 
authorized under that paragraph. A delegation by the Secretary 
under this subsection shall be used for any vessel inspection 
and examination function carried out by the Secretary, 
including the issuance of certificates of inspection and all 
other related documents.
  (2) If the Secretary determines that a certificate of 
inspection or related document issued under authority delegated 
under paragraph (1) of this subsection with respect to a vessel 
has reduced the operational safety of that vessel, the 
Secretary may terminate the certificate or document, 
respectively.
  (3) Not later than 2 years after the date of the enactment of 
the Howard Coble Coast Guard and Maritime Transportation Act of 
2014, and for each year of the subsequent 2-year period, the 
Secretary 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 report describing--
          (A) the number of vessels for which a delegation was 
        made under paragraph (1);
          (B) any savings in personnel and operational costs 
        incurred by the Coast Guard that resulted from the 
        delegations; and
          (C) based on measurable marine casualty and other 
        data, any impacts of the delegations on the operational 
        safety of vessels for which the delegations were made, 
        and on the crew on those vessels.
  (g)(1) There shall be within the Coast Guard an office that 
conducts comprehensive and targeted oversight of all recognized 
organizations that act on behalf of the Coast Guard.
  (2) The staff of the office shall include subject matter 
experts, including inspectors, investigators, and auditors, who 
possess the capability and authority to audit all aspects of 
such recognized organizations.
  (3) In this subsection the term ``recognized organization'' 
has the meaning given that term in section 2.45-1 of title 46, 
Code of Federal Regulations, as in effect on the date of the 
enactment of the Hamm Alert Maritime Safety Act of 2018.
  (h) In this section, the term ``state sponsor of terrorism'' 
means any country the government of which the Secretary of 
State has determined has repeatedly provided support for acts 
of international terrorism pursuant to section 6(j) of the 
Export Administration Act of 1979 (as continued in effect under 
the International Emergency Economic Powers Act), section 620A 
of the Foreign Assistance Act of 1961, section 40 of the Arms 
Export Control Act, or any other provision of law.

           *       *       *       *       *       *       *


CHAPTER 37--CARRIAGE OF LIQUID BULK DANGEROUS CARGOES

           *       *       *       *       *       *       *


Sec. 3714. Inspection and examination

  (a)(1) [The Secretary] Except as provided in subsection (c), 
the Secretary shall have each vessel to which this chapter 
applies inspected or examined at least once each year.
  (2) Each of those vessels that is more than 10 years of age 
shall undergo a special and detailed inspection of structural 
strength and hull integrity as specified by the Secretary.
  (3) The Secretary may make contracts for conducting 
inspections or examinations in the United States and in foreign 
countries. An inspector conducting an inspection or examination 
under contract may not issue a certificate of inspection or a 
certificate of compliance, but the inspector may issue a 
temporary certificate.
  (4) The Secretary shall prescribe by regulation reasonable 
fees for an inspection or examination conducted under this 
section outside the United States, or which, when involving a 
foreign vessel, is conducted under a contract authorized by 
paragraph (3) of this subsection. The owner, charterer, or 
managing operator of a vessel inspected or examined by the 
Secretary is liable for the fees. Amounts received as fees 
shall be deposited in the Treasury.
  (5) The Secretary may allow provisional entry of a vessel to 
conduct an inspection or examination under this chapter.
  (b) Each vessel to which this chapter applies shall have on 
board those documents the Secretary considers necessary for 
inspection and enforcement, including documents listing--
          (1) the type, grade, and approximate quantities of 
        cargo on board;
          (2) the shipper and consignee of the cargo;
          (3) the places of origin and destination of the 
        vessel; and
          (4) the name of an agent in the United States 
        authorized to accept service of legal process.
  (c)(1) With respect to examinations of liquefied natural gas 
tank vessels and vessels that carry bulk liquefied gases as 
cargo, including examinations under section 153.808 and part 
154 of title 46, Code of Federal Regulations (as in effect on 
the date of enactment of the Coast Guard Authorization Act of 
2023), the Secretary may adopt a risk-based examination 
schedule to which such vessels are to be examined and the 
frequency with which such examinations occur.
  (2) The Secretary may not adopt a risk-based examination 
schedule under paragraph (1) until the Secretary has--
          (A) received and reviewed the National Academies 
        study required under section 8254(b) of the William M. 
        (Mac) Thornberry National Defense Authorization Act for 
        Fiscal Year 2021 (Public Law 116-283);
          (B) conducted the assessment recommended in the 
        Government Accountability Office report submitted under 
        section 8254(a) of such Act;
          (C) concluded through such assessment that a risk-
        based examination schedule provides not less than the 
        level of safety provided by the annual examinations 
        required under subsection (a)(1); and
          (D) provided the results of such assessment to the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate.
  [(c)] (d) Each vessel to which this chapter applies that 
operates in the United States shall have a person designated as 
authorized to accept service of legal process for the vessel.

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CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

           *       *       *       *       *       *       *


Sec. 4502. Safety standards

  (a) The Secretary shall prescribe regulations which require 
that each vessel to which this chapter applies shall be 
equipped with--
          (1) readily accessible fire extinguishers capable of 
        promptly and effectively extinguishing a flammable or 
        combustible liquid fuel fire;
          (2) at least one readily accessible life preserver or 
        other lifesaving device for each individual on board;
          (3) an efficient flame arrestor, backfire trap, or 
        other similar device on the carburetors of each inboard 
        engine which uses gasoline as fuel;
          (4) the means to properly and efficiently ventilate 
        enclosed spaces, including engine and fuel tank 
        compartments, so as to remove explosive or flammable 
        gases;
          (5) visual distress signals;
          (6) other equipment required to minimize the risk of 
        injury to the crew during vessel operations, if the 
        Secretary determines that a risk of serious injury 
        exists that can be eliminated or mitigated by that 
        equipment; and
          (7) a placard as required by regulations prescribed 
        under section 10603(b) of this title.
  (b)(1) In addition to the requirements of subsection (a) of 
this section, the Secretary shall prescribe regulations 
requiring the installation, maintenance, and use of the 
equipment in paragraph (2) of this subsection for vessels to 
which this chapter applies that--
          (A) operate beyond 3 nautical miles from the baseline 
        from which the territorial sea of the United States is 
        measured or beyond 3 nautical miles from the coastline 
        of the Great Lakes;
          (B) operate with more than 16 individuals on board; 
        or
          (C) in the case of a fish tender vessel, engage in 
        the Aleutian trade.
  (2) The equipment to be required is as follows:
          (A) alerting and locating equipment, including 
        emergency position indicating radio beacons;
          (B) subject to paragraph (3), a survival craft that 
        ensures that no part of an individual is immersed in 
        water sufficient to accommodate all individuals on 
        board;
          (C) at least one readily accessible immersion suit 
        for each individual on board that vessel when operating 
        on the waters described in section 3102 of this title;
          (D) marine radio communications equipment sufficient 
        to effectively communicate with land-based search and 
        rescue facilities;
          (E) navigation equipment, including compasses, 
        nautical charts, and publications;
          (F) first aid equipment and medical supplies 
        sufficient for the size and area of operation of the 
        vessel; and
          (G) ground tackle sufficient for the vessel.
  (3) Except for a nonapplicable vessel, an auxiliary craft 
shall satisfy the equipment requirement under paragraph (2)(B) 
if such craft is--
          (A) necessary for normal fishing operations;
          (B) readily accessible during an emergency; and
          (C) capable, in accordance with the Coast Guard 
        capacity rating, when applicable, of safely holding all 
        individuals on board the vessel to which the craft 
        functions as an auxiliary.
  (c)(1) In addition to the requirements described in 
subsections (a) and (b) of this section, the Secretary may 
prescribe regulations establishing the standards in paragraph 
(2) of this subsection for vessels to which this chapter 
applies that--
          (A)(i) were built after December 31, 1988, or undergo 
        a major conversion completed after that date; and
          (ii) operate with more than 16 individuals on board; 
        or
          (B) in the case of a fish tender vessel, engage in 
        the Aleutian trade.
  (2) The standards shall be minimum safety standards, 
including standards relating to--
          (A) navigation equipment, including radars and 
        fathometers;
          (B) lifesaving equipment, immersion suits, signaling 
        devices, bilge pumps, bilge alarms, life rails, and 
        grab rails;
          (C) fire protection and firefighting equipment, 
        including fire alarms and portable and semiportable 
        fire extinguishing equipment;
          (D) use and installation of insulation material;
          (E) storage methods for flammable or combustible 
        material; and
          (F) fuel, ventilation, and electrical systems.
  (d)(1) The Secretary shall prescribe regulations for the 
operating stability of a vessel to which this chapter applies--
          (A) that was built after December 31, 1989; or
          (B) the physical characteristics of which are 
        substantially altered after December 31, 1989, in a 
        manner that affects the vessel's operating stability.
  (2) The Secretary may accept, as evidence of compliance with 
this subsection, a certification of compliance issued by the 
person providing insurance for the vessel or by another 
qualified person approved by the Secretary.
  (e) In prescribing regulations under this chapter, the 
Secretary--
          (1) shall consider the specialized nature and 
        economics of the operations and the character, design, 
        and construction of the vessel; and
          (2) may not require the alteration of a vessel or 
        associated equipment that was constructed or 
        manufactured before the effective date of the 
        regulation.
  (f) To ensure compliance with the requirements of this 
chapter, the Secretary--
          (1) shall require the individual in charge of a 
        vessel described in subsection (b) to keep a record of 
        equipment maintenance, and required instruction and 
        drills;
          (2) shall examine at dockside a vessel described in 
        subsection (b) at least once every 5 years, but may 
        require an exam at dockside every 2 years for vessels 
        described in subsection (b) if--
                  (A) requested by an owner or operator; or
                  (B) the vessel is--
                          (i) at least 50 feet overall in 
                        length;
                          (ii) built before July 1, 2013; and
                          (iii) 25 years of age or older; and
          (3) shall issue a certificate of compliance to a 
        vessel meeting the requirements of this chapter and 
        satisfying the requirements in paragraph (2).
  (g)(1) The individual in charge of a vessel described in 
subsection (b) must pass a training program approved by the 
Secretary that meets the requirements in paragraph (2) of this 
subsection and hold a valid certificate issued under that 
program.
  (2) The training program shall--
          (A) be based on professional knowledge and skill 
        obtained through sea service and hands-on training, 
        including training in seamanship, stability, collision 
        prevention, navigation, fire fighting and prevention, 
        damage control, personal survival, emergency medical 
        care, emergency drills, and weather;
          (B) require an individual to demonstrate ability to 
        communicate in an emergency situation and understand 
        information found in navigation publications;
          (C) recognize and give credit for recent past 
        experience in fishing vessel operation; and
          (D) provide for issuance of a certificate to an 
        individual that has successfully completed the program.
  (3) The Secretary shall prescribe regulations implementing 
this subsection. The regulations shall require that individuals 
who are issued a certificate under paragraph (2)(D) must 
complete refresher training at least once every 5 years as a 
condition of maintaining the validity of the certificate.
  (4) The Secretary shall establish an electronic database 
listing the names of individuals who have participated in and 
received a certificate confirming successful completion of a 
training program approved by the Secretary under this section.
  (h) A vessel to which this chapter applies shall be 
constructed in a manner that provides a level of safety 
equivalent to the minimum safety standards the Secretary may 
establish for recreational vessels under section 4302, if--
          (1) subsection (b) of this section applies to the 
        vessel;
          (2) the vessel is less than 50 feet overall in 
        length; and
          (3) the vessel is built after January 1, 2010.
  (i)(1) The Secretary of Health and Human Services shall 
establish a Fishing Safety Training Grants Program to provide 
funding to municipalities, port authorities, other appropriate 
public entities, not-for-profit organizations, and other 
qualified persons that provide commercial fishing safety 
training--
          (A) to conduct fishing vessel safety training for 
        vessel operators and crewmembers that--
                  (i) in the case of vessel operators, meets 
                the requirements of subsection (g); and
                  (ii) in the case of crewmembers, meets the 
                requirements of subsection (g)(2)(A), such 
                requirements of subsection (g)(2)(B) as are 
                appropriate for crewmembers, and the 
                requirements of subsections (g)(2)(D), (g)(3), 
                and (g)(4); and
          (B) for purchase of safety equipment and training 
        aids for use in those fishing vessel safety training 
        programs.
  (2) The Secretary of Health and Human Services, in 
consultation with and based on criteria established by the 
Commandant of the Coast Guard shall award grants under this 
subsection on a competitive basis.
  (3) The Federal share of the cost of any activity carried out 
with a grant under this subsection shall not exceed 75 percent.
  [(4) There is authorized to be appropriated $3,000,000 for 
fiscal year 2023 for grants under this subsection.]
          (4) Authorization of appropriations.--Out of funds 
        made available under section 4902(1)(A) of title 14, 
        $3,000,000 shall be available for each of fiscal years 
        2024 and 2025 for grants under this subsection.
  (j)(1) The Secretary of Health and Human Services shall 
establish a Fishing Safety Research Grant Program to provide 
funding to individuals in academia, members of non-profit 
organizations and businesses involved in fishing and maritime 
matters, and other persons with expertise in fishing safety, to 
conduct research on methods of improving the safety of the 
commercial fishing industry, including vessel design, emergency 
and survival equipment, enhancement of vessel monitoring 
systems, communications devices, de-icing technology, and 
severe weather detection.
  (2) The Secretary of Health and Human Services, in 
consultation with and based on criteria established by the 
Commandant of the Coast Guard, shall award grants under this 
subsection on a competitive basis.
  (3) The Federal share of the cost of any activity carried out 
with a grant under this subsection shall not exceed 75 percent.
  [(4) There is authorized to be appropriated $3,000,000 for 
fiscal year 2023 for activities under this subsection.]
          (4) Authorization of appropriations.--Out of funds 
        made available under section 4902(1)(A) of title 14, 
        $3,000,000 shall be available for each of fiscal years 
        2024 and 2025 for grants under this subsection.
  (k) For the purposes of this section, the term ``auxiliary 
craft'' means a vessel that is carried onboard a fishing vessel 
and is normally used to support fishing operations.

           *       *       *       *       *       *       *


PART D--MARINE CASUALTIES

           *       *       *       *       *       *       *


CHAPTER 63--INVESTIGATING MARINE CASUALTIES

           *       *       *       *       *       *       *


Sec. 6308. Information barred in legal proceedings

  (a) Notwithstanding any other provision of law, no part of a 
report of a marine casualty investigation conducted under 
section 6301 of this title, including findings of fact, 
opinions, recommendations, deliberations, or conclusions, shall 
be admissible as evidence or subject to discovery in any civil 
or administrative proceedings, other than an administrative 
proceeding [initiated] conducted by the United States.
  (b) Any member or employee of the Coast Guard investigating a 
marine casualty pursuant to section 6301 of this title shall 
not be subject to deposition or other discovery, or otherwise 
testify in such proceedings relevant to a marine casualty 
investigation, without the permission of the Secretary. The 
Secretary shall not withhold permission for such employee or 
member to testify, either orally or upon written questions, on 
solely factual matters at a time and place and in a manner 
acceptable to the Secretary if the information is not available 
elsewhere or is not obtainable by other means.
  (c) Nothing in this section prohibits the United States from 
calling the employee or member as an expert witness to testify 
on its behalf. Further, nothing in this section prohibits the 
employee or member from being called as a fact witness in any 
case in which the United States is a party. If the employee or 
member is called as an expert or fact witness, the applicable 
Federal Rules of Civil Procedure govern discovery. If the 
employee or member is called as a witness, the report of a 
marine casualty investigation conducted under section 6301 of 
this title shall not be admissible, as provided in subsections 
(a) and (b), and shall not be considered the report of an 
expert under the Federal Rules of Civil Procedure.
  (d) The information referred to in subsections (a), (b), and 
(c) of this section shall not be considered an admission of 
liability by the United States or by any person referred to in 
those conclusions and statements.
  (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).

           *       *       *       *       *       *       *


    PART E--[MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS] 
MERCHANT MARINER CREDENTIALS

           *       *       *       *       *       *       *


CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY

           *       *       *       *       *       *       *


Sec.
7101. Issuing and classifying licenses and certificates of registry.
[7102. Citizenship.]
7102. Citizenship or noncitizen nationaliity.

           *       *       *       *       *       *       *


Sec. 7102. Citizenship  or noncitizen nationality

  Licenses and certificates of registry for individuals on 
documented vessels may be issued only to citizens or noncitizen 
nationals (as such term is described in section 308 of the 
Immigration and Nationality Act (8 U.S.C. 1408) of the United 
States.

Sec. 7116. Examinations for merchant mariner credentials

  (a) Requirement for Sample Exams.--The Secretary shall 
develop a sample merchant mariner credential examination and 
outline of merchant mariner examination topics on an annual 
basis.
  (b) Public Availability.--Each sample examination and outline 
of topics developed under subsection (a) shall be readily 
available to the public.
  [(c) Merchant Mariner Credential Defined.--In this section, 
the term ``merchant mariner credential'' has the meaning that 
term has in section 7510.]

                CHAPTER 73--MERCHANT MARINERS' DOCUMENTS

Sec.
7301. General.
7302. Issuing merchant mariners' documents and continuous discharge 
          books.
7303. Possession and description of merchant mariners' documents.
[7304. Citizenship notation on merchant mariners' documents.]
7304. Citizenship or nationalization notation on merchant mariners' 
          documents.
7305. Oaths for holders of merchant mariners' documents.
[7306. General requirements and classifications for able seamen.]
7306. General requirements and classifications for members of deck 
          departments.
7307. Able [seamen] seafarers--unlimited.
7308. Able [seamen] seafarers--limited.
7309. Able [seamen] seafarers--special.
7310. Able [seamen] seafarers--offshore supply vessels.
7311. Able [seamen] seafarers--sail.
7311a. Able [seamen] seafarers--fishing industry.

Sec. 7301. General

  (a) In this chapter--
          (1) ``service on deck'' means service in the deck 
        department in work related to the work usually 
        performed on board vessels by able [seamen] seafarers 
        and may include service on fishing, fish processing, 
        fish tender vessels and on public vessels of the United 
        States;
          (2) 360 days is equal to one year's service; and
          (3) a day is equal to 8 hours of labor or duty.
  (b) The Secretary may prescribe regulations to carry out this 
chapter.

           *       *       *       *       *       *       *


Sec. 7304. Citizenship  or noncitizen nationality notation on merchant 
                    mariners' documents

  An individual applying for a merchant mariner's document 
shall provide satisfactory proof that the individual is a 
citizen or noncitizen national (as such term is described in 
section 308 of the Immigration and Nationality Act (8 U.S.C. 
1408) of the United States before that notation is made on the 
document.

           *       *       *       *       *       *       *


[Sec. 7306. General requirements and classifications for able seamen

  [(a) To qualify for an endorsement as able seaman authorized 
by this section, an applicant must provide satisfactory proof 
that the applicant--
          [(1) is at least 18 years of age;
          [(2) has the service required by the applicable 
        section of this part;
          [(3) is qualified professionally as demonstrated by 
        an applicable examination or educational requirements; 
        and
          [(4) is qualified as to sight, hearing, and physical 
        condition to perform the seaman's duties.
  [(b) The classifications authorized for endorsement as able 
seaman are the following:
          [(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.]

Sec. 7306. General requirements and classifications for members of deck 
                    departments

  (a) In General.--The Secretary may issue a merchant mariner 
credential, to members of the deck department in the following 
classes:
          (1) Able Seaman-Unlimited.
          (2) Able Seaman-Limited.
          (3) Able Seaman-Special.
          (4) Able Seaman-Offshore Supply Vessels.
          (5) Able Seaman-Sail.
          (6) Able Seaman-Fishing Industry.
          (7) Ordinary Seaman.
  (b) Classification of Credentials.--The Secretary may 
classify the merchant mariner credential issued under 
subsection (a) based on--
          (1) the tonnage and means of propulsion of vessels;
          (2) the waters on which vessels are to be operated; 
        or
          (3) other appropriate standards.
  (c) Considerations.--In issuing the credential under 
subsection (a), the Secretary may consider the following 
qualifications of the merchant mariner:
          (1) Age.
          (2) Character.
          (3) Habits of life.
          (4) Experience.
          (5) Professional qualifications demonstrated by 
        satisfactory completion of applicable examinations or 
        other educational requirements.
          (6) Physical condition, including sight and hearing.
          (7) Other requirements established by the Secretary, 
        including career patterns and service appropriate to 
        the particular service, industry, or job functions the 
        individual is engaged.

Sec. 7307. Able [seamen]  seafarers--unlimited

  The required service for the endorsement of able [seaman] 
seafarer--unlimited, qualified for unlimited service on a 
vessel on any waters, is at least [3 years'] 18 months' service 
on deck on board vessels operating at sea or on the Great 
Lakes.

Sec. 7308. Able [seamen]  seafarers--limited

  The required service for the endorsement of able [seaman] 
seafarer--limited, qualified for limited service on a vessel on 
any waters, is at least [18 months'] 12 months' service on deck 
on board vessels of at least 100 gross tons as measured under 
section 14502 of this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the 
Secretary under section 14104 of this title operating on the 
oceans or navigable waters of the United States (including the 
Great Lakes).

Sec. 7309. Able [seamen]  seafarers--special

  The required service for the endorsement of able [seaman] 
seafarer--special, qualified for special service on a vessel on 
any waters, is at least 12 months' service on deck on board 
vessels operating on the oceans or the navigable waters of the 
United States (including the Great Lakes).

Sec. 7310. Able [seamen]  seafarers--offshore supply vessels

  For service on a vessel of less than 500 gross tons as 
measured under section 14502 of this title, or an alternate 
tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title 
engaged in support of exploration, exploitation, or production 
of offshore mineral or energy resources, an individual may be 
rated as able [seaman] seafarer--offshore supply vessels if the 
individual has at least 6 months' service on deck on board 
vessels operating on the oceans or the navigable waters of the 
United States (including the Great Lakes).

Sec. 7311. Able [seamen]  seafarers--sail

  For service on a sailing school vessel on any waters, an 
individual may be rated as able [seaman] seafarer--sail if the 
individual has at least 6 months' service on deck on sailing 
school vessels, oceanographic research vessels powered 
primarily by sail, or equivalent sailing vessels operating on 
the oceans or navigable waters of the United States (including 
the Great Lakes).

Sec. 7311a. Able [seamen]  seafarers--fishing industry

  For service on a fish processing vessel, an individual may be 
rated as able [seaman] seafarer--fishing industry if the 
individual has at least 6 months' service on deck on board 
vessels operating on the oceans or the navigable waters of the 
United States (including the Great Lakes).

Sec. 7312. Scale of employment

  (a) Individuals qualified as able [seamen] seafarers--
unlimited under section 7307 of this title may constitute all 
of the able [seamen] seafarers required on a vessel.
  (b) Individuals qualified as able [seamen] seafarers--limited 
under section 7308 of this title may constitute all of the able 
[seamen] seafarers required on a vessel of less than 1,600 
gross tons as measured under section 14502 of this title, or an 
alternate tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title 
or on a vessel operating on the Great Lakes and the Saint 
Lawrence River as far east as Sept Iles. Individuals qualified 
as able [seamen] seafarers--limited may constitute not more 
than 50 percent of the number of able [seamen] seafarers 
required on board other vessels.
  (c) Individuals qualified as able [seamen] seafarers--special 
under section 7309 of this title may constitute--
          (1) all of the able [seamen] seafarers required on a 
        vessel of not more than 500 gross tons as measured 
        under section 14502 of this title, or an alternate 
        tonnage measured under section 14302 of this title as 
        prescribed by the Secretary under section 14104 of this 
        title or on a seagoing barge or towing vessel; and
          (2) not more than 50 percent of the number of able 
        [seamen] seafarers required on board other vessels.
  (d) Individuals qualified as able [seamen] seafarers--
offshore. supply vessel under section 7310 of this title may 
constitute all of the able [seamen] seafarers required on board 
a vessel of less than 500 gross tons as measured under section 
14502 of this title or 6,000 gross tons as measured under 
section 14302 of this title engaged in support of exploration, 
exploitation, or production of offshore mineral or energy 
resources. Individuals qualified as able [seamen] seafarers--
limited under section 7308 of this title may constitute all of 
the able [seamen] seafarers required on board a vessel of at 
least 500 gross tons as measured under section 14502 of this 
title or 6,000 gross tons as measured under section as measured 
under section 14302 of this title as prescribed by the 
Secretary under section 14104 of this title engaged in support 
of exploration, exploitation, or production of offshore mineral 
or energy resources.
  (e) When the service of able [seamen] seafarers--limited or 
able [seamen] seafarers--special is authorized for only a part 
of the required number of able [seamen] seafarers on board a 
vessel, the combined percentage of those individuals so 
qualified may not be greater than 50 percent of the required 
number.
  (f) Individuals qualified as able [seamen] seafarers--fishing 
industry under section 7311a of this title may constitute--
          (1) all of the able [seamen] seafarers required on a 
        fish processing vessel entered into service before 
        January 1, 1988, and of more than 1,600 gross tons but 
        not more than 5,000 gross tons as measured under 
        section 14502 of this title, or an alternate tonnage 
        measured under section 14302 of this title as 
        prescribed by the Secretary under section 14104 of this 
        title; and
          (2) all of the able [seamen] seafarers required on a 
        fish processing vessel entered into service after 
        December 31, 1987, and having more than 16 individuals 
        on board primarily employed in the preparation of fish 
        or fish products but of not more than 5,000 gross tons 
        as measured under section 14502 of this title, or an 
        alternate tonnage measured under section 14302 of this 
        title as prescribed by the Secretary under section 
        14104 of this title.

Sec. 7313. General requirements for members of engine departments

  (a) Classes of endorsement as qualified members of the engine 
department on vessels of at least 100 gross tons as measured 
under section 14502 of this title, or an alternate tonnage 
measured under section 14302 of this title as prescribed by the 
Secretary under section 14104 of this title (except vessels 
operating on rivers or lakes (except the Great Lakes)) may be 
prescribed by regulation.
  (b) The ratings of wiper [and coal passer] are entry ratings 
and are not ratings as qualified members of the engine 
department.
  (c) An applicant for an endorsement as qualified member of 
the engine department must provide satisfactory proof that the 
applicant--
          (1) has the service required by section 7314 of this 
        title;
          (2) is qualified professionally as demonstrated by an 
        applicable examination; and
          (3) is qualified as to sight, hearing, and physical 
        condition to perform the member's duties.

           *       *       *       *       *       *       *


Sec. 7315. Training

  [(a) Graduation from a nautical school vessel approved under 
law and regulation may be substituted for the service 
requirements under section 7307 or 7314 of this title.]
  (a) Graduation from a nautical school program approved by the 
Secretary may be substituted for the service requirements under 
sections 7307-7312 and 7314.
  (b) The satisfactory completion of other courses of 
instruction approved by the Secretary may be substituted for 
not more than [one-third] one-half of the required service on 
deck at sea under sections [7307-7311 of this title] 7-7312 and 
7314.
  [(c) The satisfactory completion of other courses of 
instruction approved by the Secretary may be substituted for 
not more than one-half of the required service at sea under 
section 7314 of this title.]

           *       *       *       *       *       *       *


   CHAPTER 75--GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND 
DOCUMENTATION

           *       *       *       *       *       *       *


Sec. 7502. Records

  (a) The Secretary shall maintain records, including 
electronic records, on the issuances, denials, suspensions, and 
revocations of licenses, certificates of registry, merchant 
mariners' documents, and endorsements on those licenses, 
certificates, and documents.
  (b) The Secretary may prescribe regulations requiring a 
vessel owner or managing operator of a commercial vessel, or 
the employer of a [seaman] seafarer on that vessel, to maintain 
records of each individual engaged on the vessel subject to 
inspection under chapter 33 on matters of engagement, 
discharge, and service for not less than 5 years after the date 
of the completion of the service of that individual on the 
vessel. The regulations may require that a vessel owner, 
managing operator, or employer shall make these records 
available to the individual and the Coast Guard on request.
  (c) A person violating this section, or a regulation 
prescribed under this section, is liable to the United States 
Government for a civil penalty of not more than $5,000.

           *       *       *       *       *       *       *


Sec. 7507. Authority to extend the duration of licenses, certificates 
                    of registry, and merchant mariner documents

  (a) Licenses and Certificates of Registry.--Notwithstanding 
sections 7106 and 7107, the Secretary of the department in 
which the Coast Guard is operating may--
          (1) extend for not more than one year an expiring 
        license or certificate of registry issued for an 
        individual under chapter 71 if the Secretary determines 
        that the extension is required to enable the Coast 
        Guard to eliminate a backlog in processing applications 
        for those licenses or certificates of registry or in 
        response to a national emergency or natural disaster, 
        as deemed necessary by the Secretary; or
          (2) issue for not more than five years an expiring 
        license or certificate of registry issued for an 
        individual under chapter 71 for the exclusive purpose 
        of aligning the expiration date of such license or 
        certificate of registry with the expiration date of a 
        merchant mariner's document.
  (b) Merchant Mariner Documents.--Notwithstanding section 
7302(g), the Secretary may--
          (1) extend for not more than one year an expiring 
        merchant mariner's document issued for an individual 
        under chapter 73 if the Secretary determines that the 
        extension is required to enable the Coast Guard to 
        eliminate a backlog in processing applications for 
        those merchant mariner documents or in response to a 
        national emergency or natural disaster, as deemed 
        necessary by the Secretary; or
          (2) issue for not more than five years an expiring 
        merchant mariner's document issued for an individual 
        under chapter 73 for the exclusive purpose of aligning 
        the expiration date of such merchant mariner's document 
        with the expiration date of a license or certificate of 
        registry.
  (c) Manner of Extension.--Any extensions granted under this 
section may be granted to individual [seamen] seafarers or a 
specifically identified group of [seamen] seafarers.
  (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.

           *       *       *       *       *       *       *


Sec. 7510. Examinations for merchant mariner credentials

  (a) Disclosure Not Required.--Notwithstanding any other 
provision of law, the Secretary is not required to disclose to 
the public--
          (1) a question from any examination for a merchant 
        mariner credential;
          (2) the answer to such a question, including any 
        correct or incorrect answer that may be presented with 
        such question; and
          (3) any quality or characteristic of such a question, 
        including--
                  (A) the manner in which such question has 
                been, is, or may be selected for an 
                examination;
                  (B) the frequency of such selection; and
                  (C) the frequency that an examinee correctly 
                or incorrectly answered such question.
  (b) Exception for Certain Questions.--Notwithstanding 
subsection (a), the Secretary may, for the purpose of 
preparation by the general public for examinations required for 
merchant mariner credentials, release an examination question 
and answer that the Secretary has retired or is not presently 
on or part of an examination, or that the Secretary determines 
is appropriate for release.
  (c) Exam Review.--
          (1) In general.--Not later than 90 days after the 
        date of the enactment of the Coast Guard Authorization 
        Act of 2016, and once every two years thereafter, the 
        Commandant shall commission a working group to review 
        new questions for inclusion in examinations required 
        for merchant mariner credentials, composed of--
                  (A) 1 subject matter expert from the Coast 
                Guard;
                  (B) representatives from training facilities 
                and the maritime industry, of whom--
                          (i) one-half shall be representatives 
                        from approved training facilities; and
                          (ii) one-half shall be 
                        representatives from the appropriate 
                        maritime industry;
                  (C) at least 1 representative from the 
                National Merchant Marine Personnel Advisory 
                Committee;
                  (D) at least 2 representatives from the State 
                maritime academies, of whom one shall be a 
                representative from the deck training track and 
                one shall be a representative of the engineer 
                license track;
                  (E) representatives from other Coast Guard 
                Federal advisory committees, as appropriate, 
                for the industry segment associated with the 
                subject examinations;
                  (F) at least 1 subject matter expert from the 
                Maritime Administration; and
                  (G) at least 1 human performance technology 
                representative.
          (2) Inclusion of persons knowledgeable about 
        examination type.--The working group shall include 
        representatives knowledgeable about the examination 
        type under review.
          (3) Limitation.--The requirement to convene a working 
        group under paragraph (1) does not apply unless there 
        are new examination questions to review.
          (4) Baseline review.--
                  (A) In general.--Within 1 year after the date 
                of the enactment of the Coast Guard 
                Authorization Act of 2016, the Secretary shall 
                convene the working group to complete a 
                baseline review of the Coast Guard's Merchant 
                Mariner Credentialing Examination, including 
                review of--
                          (i) the accuracy of examination 
                        questions;
                          (ii) the accuracy and availability of 
                        examination references;
                          (iii) the length of merchant mariner 
                        examinations; and
                          (iv) the use of standard technologies 
                        in administering, scoring, and 
                        analyzing the examinations.
                  (B) Progress report.--The Coast Guard shall 
                provide a progress report to the appropriate 
                congressional committees on the review under 
                this paragraph.
          (5) Full membership not required.--The Coast Guard 
        may convene the working group without all members 
        present if any non-Coast-Guard representative is 
        present.
          (6) Nondisclosure agreement.--The Secretary shall 
        require all members of the working group to sign a 
        nondisclosure agreement with the Secretary.
          (7) Treatment of members as federal employees.--A 
        member of the working group who is not a Federal 
        Government employee shall not be considered a Federal 
        employee in the service or the employment of the 
        Federal Government, except that such a member shall be 
        considered a special government employee, as defined in 
        section 202(a) of title 18 for purposes of sections 
        203, 205, 207, 208, and 209 of such title and shall be 
        subject to any administrative standards of conduct 
        applicable to an employee of the department in which 
        the Coast Guard is operating.
          (8) Formal exam review.--The Secretary shall ensure 
        that the Coast Guard Performance Technology Center--
                  (A) prioritizes the review of examinations 
                required for merchant mariner credentials; and
                  (B) not later than 3 years after the date of 
                enactment of the Coast Guard Authorization Act 
                of 2016, completes a formal review, including 
                an appropriate analysis, of the topics and 
                testing methodology employed by the National 
                Maritime Center for merchant mariner licensing.
          (9) Chapter 10 of title 5.--Chapter 10 of title 5 
        shall not apply to any working group created under this 
        section to review the Coast Guard's merchant mariner 
        credentialing examinations.
  [(d) Merchant Mariner Credential Defined.--In this section, 
the term ``merchant mariner credential'' means a merchant 
mariner license, certificate, or document that the Secretary is 
authorized to issue pursuant to this title.]

           *       *       *       *       *       *       *


CHAPTER 77--SUSPENSION AND REVOCATION

           *       *       *       *       *       *       *


Sec. 7702. Administrative procedure

  (a) Sections 551-559 of title 5 apply to each hearing under 
this chapter about suspending or revoking a license, 
certificate of registry, or merchant mariner's document.
  (b) The individual whose license, certificate of registry, or 
merchant mariner's document has been suspended or revoked under 
this chapter may appeal, within 30 days, the suspension or 
revocation to the Secretary.
  (c)(1) The Secretary shall request a holder of a license, 
certificate of registry, or merchant mariner's document to make 
available to the Secretary, under section 30305(b)(7) of title 
49, all information contained in the National Driver Register 
related to an offense described in section 205(a)(3)(A) or (B) 
of that Act committed by the individual.
  (2) The Secretary shall require the testing of the holder of 
a license, certificate of registry, or merchant mariner's 
document for use of alcohol and dangerous drugs in violation of 
law or Federal regulation. The testing may include 
preemployment (with respect to dangerous drugs only), periodic, 
random, and reasonable cause testing, and shall include post-
accident testing.
  (d)(1) The Secretary may temporarily, for not more than 45 
days, suspend and take possession of the license, certificate 
of registry, or merchant mariner's document held by [an 
individual if--] an individual--
          (A) if--
                  [(A)] (i) that individual performs a safety 
                sensitive function on a vessel, as determined 
                by the Secretary; and
                  [(B)] (ii) there is probable cause to believe 
                that the individual--
                          [(i)] (I) has, while acting under the 
                        authority of that license, certificate, 
                        or document, performed the safety 
                        sensitive function in violation of law 
                        or Federal regulation regarding use of 
                        alcohol or a dangerous drug;
                          [(ii)] (II) has been convicted of an 
                        offense that would prevent the issuance 
                        or renewal of the license, certificate, 
                        or document;
                          [(iii)] (III) within the 3-year 
                        period preceding the initiation of a 
                        suspension proceeding, has been 
                        convicted of an offense described in 
                        section 30304(a)(3)(A) or (B) of title 
                        49; or
                          [(iv)] (IV) is a security risk that 
                        poses a threat to the safety or 
                        security of a vessel or a public or 
                        commercial structure located within or 
                        adjacent to the marine environment[.]; 
                        or
          (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.
  (2) If a license, certificate, or document is temporarily 
suspended under this section, an expedited hearing under 
subsection (a) of this section shall be held within 30 days 
after the temporary suspension.

           *       *       *       *       *       *       *


PART F--MANNING OF VESSELS

           *       *       *       *       *       *       *


                          CHAPTER 81--GENERAL

Sec.
8101. Complement of inspected vessels.
     * * * * * * *
[8103. Citizenship and Navy Reserve requirements.]
8103. Citizenship or noncitizen nationality and Navy Reserve 
          requirements.
     * * * * * * *
8109. Exemptions from manning and crew requirements.

           *       *       *       *       *       *       *


Sec. 8103. Citizenship  or noncitizen nationality and Navy Reserve 
                    requirements

  (a) Except as otherwise provided in this title, only a 
citizen or noncitizen national of the United States may serve 
as master, chief engineer, radio officer, or officer in charge 
of a deck watch or engineering watch on a documented vessel.
  (b)(1) Except as otherwise provided in this section, on a 
documented vessel--
          (A) each unlicensed [seaman] seafarer must be--
                  (i) a citizen or noncitizen national of the 
                United States;
                  (ii) an alien lawfully admitted to the United 
                States for permanent residence; or
                  (iii) a foreign national who is enrolled in 
                the United States Merchant Marine Academy; and
          (B) not more than 25 percent of the total number of 
        unlicensed [seamen] seafarers on the vessel may be 
        aliens lawfully admitted to the United States for 
        permanent residence.
  (2) Paragraph (1) of this subsection does not apply to--
          (A) a yacht;
          (B) a fishing vessel fishing exclusively for highly 
        migratory species (as that term is defined in section 3 
        of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1802)); and
          (C) a fishing vessel fishing outside of the exclusive 
        economic zone.
  (3) The Secretary may waive a citizenship or noncitizen 
nationality requirement under this section, other than a 
requirement that applies to the master of a documented vessel, 
with respect to--
          (A) an offshore supply vessel or other similarly 
        engaged vessel of less than 1,600 gross tons as 
        measured under section 14502 of this title, or an 
        alternate tonnage measured under section 14302 of this 
        title as prescribed by the Secretary under section 
        14104 of this title that operates from a foreign port;
          (B) a mobile offshore drilling unit or other vessel 
        engaged in support of exploration, exploitation, or 
        production of offshore mineral energy resources 
        operating beyond the water above the outer Continental 
        Shelf (as that term is defined in section 2(a) of the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)); 
        and
          (C) any other vessel if the Secretary determines, 
        after an investigation, that qualified [seamen] 
        seafarers who are citizens or noncitizen nationals of 
        the United States are not available.
  (c) On each departure of a vessel (except a passenger vessel) 
for which a construction differential subsidy has been granted, 
all of the [seamen] seafarers of the vessel must be citizens or 
noncitizen nationals of the United States.
  (d)(1) On each departure of a passenger vessel for which a 
construction differential subsidy has been granted, at least 90 
percent of the entire complement (including licensed 
individuals) must be citizens or noncitizen nationals of the 
United States.
  (2) An individual not required by this subsection to be a 
citizen or noncitizen national of the United States may be 
engaged only if the individual has a declaration of intention 
to become a citizen or noncitizen national of the United States 
or other evidence of admission to the United States for 
permanent residence. An alien may be employed only in the 
steward's department of the passenger vessel.
  (e) If a documented vessel is deprived for any reason of the 
services of an individual (except the master and the radio 
officer) when on a foreign voyage and a vacancy consequently 
occurs, until the vessel's return to a port at which in the 
most expeditious manner a replacement who is a citizen or 
noncitizen national of the United States can be obtained, an 
individual not a citizen or noncitizen national of the United 
States may serve in--
          (1) the vacancy; or
          (2) a vacancy resulting from the promotion of another 
        individual to fill the original vacancy.
  (f) A person employing an individual in violation of this 
section or a regulation prescribed under this section is liable 
to the United States Government for a civil penalty of $500 for 
each individual so employed.
  (g) A deck or engineer officer employed on a vessel on which 
an operating differential subsidy is paid, or employed on a 
vessel (except a vessel of the Coast Guard or Great Lakes St. 
Lawrence Seaway Development Corporation) owned or operated by 
the Department of Transportation or by a corporation organized 
or controlled by the Department, if eligible, shall be a member 
of the Navy Reserve.
  (h) The President may--
          (1) suspend any part of this section during a 
        proclaimed national emergency; and
          (2) when the needs of commerce require, suspend as 
        far and for a period the President considers desirable, 
        subsection (a) of this section for crews of vessels of 
        the United States documented for foreign trade.
  (i)(1) Except as provided in paragraph (3) of this 
subsection, each unlicensed [seaman] seafarer on a fishing, 
fish processing, or fish tender vessel that is engaged in the 
fisheries in the navigable waters of the United States or the 
exclusive economic zone must be--
          (A) a citizen or noncitizen national of the United 
        States;
          (B) an alien lawfully admitted to the United States 
        for permanent residence;
          (C) any other alien allowed to be employed under the 
        Immigration and Nationality Act (8 U.S.C. 1101 et 
        seq.); or
          (D) an alien allowed to be employed under the 
        immigration laws of the Commonwealth of the Northern 
        Mariana Islands if the vessel is permanently stationed 
        at a port within the Commonwealth and the vessel is 
        engaged in the fisheries within the exclusive economic 
        zone surrounding the Commonwealth or another United 
        States territory or possession.
  (2) Not more than 25 percent of the unlicensed [seamen] 
seafarers on a vessel subject to paragraph (1) of this 
subsection may be aliens referred to in clause (C) of that 
paragraph.
  (3) This subsection does not apply to a fishing vessel 
fishing exclusively for highly migratory species (as that term 
is defined in section 3 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1802)).
  (j) Riding Gang Member.--This section does not apply to an 
individual who is a riding gang member.
  (k) Crew Requirements for Large Passenger Vessels.--
          (1) Citizenship and nationality.--Each unlicensed 
        [seaman] seafarer on a large passenger vessel shall 
        be--
                  (A) a citizen or noncitizen national of the 
                United States;
                  (B) an alien lawfully admitted to the United 
                States for permanent residence;
                  (C) an alien allowed to be employed in the 
                United States under the Immigration and 
                Nationality Act (8 U.S.C. 1101 et seq.), 
                including an alien crewman described in section 
                101(a)(15)(D)(i) of that Act (8 U.S.C. 
                1101(a)(15)(D)(i)), who meets the requirements 
                of paragraph (3)(A) of this subsection; or
                  (D) a foreign national who is enrolled in the 
                United States Merchant Marine Academy.
          (2) Percentage limitation for alien seamen.--Not more 
        than 25 percent of the unlicensed [seamen] seafarers on 
        a vessel described in paragraph (1) of this subsection 
        may be aliens referred to in subparagraph (B) or (C) of 
        that paragraph.
          (3) Special rules for certain unlicensed seamen.--
                  (A) Qualifications.--An unlicensed [seaman] 
                seafarer described in paragraph (1)(C) of this 
                subsection--
                          (i) shall have been employed, for a 
                        period of not less than 1 year, on a 
                        passenger vessel under the same common 
                        ownership or control as the vessel 
                        described in paragraph (1) of this 
                        subsection, as certified by the owner 
                        or managing operator of such vessel to 
                        the Secretary;
                          (ii) shall have no record of material 
                        disciplinary actions during such 
                        employment, as verified in writing by 
                        the owner or managing operator of such 
                        vessel to the Secretary;
                          (iii) shall have successfully 
                        completed a United States Government 
                        security check of the relevant domestic 
                        and international databases, as 
                        appropriate, or any other national 
                        security-related information or 
                        database;
                          (iv) shall have successfully 
                        undergone an employer background 
                        check--
                                  (I) for which the owner or 
                                managing operator provides a 
                                signed report to the Secretary 
                                that describes the background 
                                checks undertaken that are 
                                reasonably and legally 
                                available to the owner or 
                                managing operator including 
                                personnel file information 
                                obtained from such [seaman] 
                                seafarer and from databases 
                                available to the public with 
                                respect to the [seaman] 
                                seafarer;
                                  (II) that consisted of a 
                                search of all information 
                                reasonably available to the 
                                owner or managing operator in 
                                the seaman's country of 
                                citizenship and any other 
                                country in which the [seaman] 
                                seafarer receives employment 
                                referrals, or resides;
                                  (III) that is kept on the 
                                vessel and available for 
                                inspection by the Secretary; 
                                and
                                  (IV) the information derived 
                                from which is made available to 
                                the Secretary upon request; and
                          (v) may not be a citizen or temporary 
                        or permanent resident of a country 
                        designated by the United States as a 
                        sponsor of terrorism or any other 
                        country that the Secretary, in 
                        consultation with the Secretary of 
                        State and the heads of other 
                        appropriate United States agencies, 
                        determines to be a security threat to 
                        the United States.
                  (B) Restrictions.--An unlicensed [seaman] 
                seafarer described in paragraph (1)(C) of this 
                subsection--
                          (i) may be employed only in the 
                        steward's department of the vessel; and
                          (ii) may not perform watchstanding, 
                        automated engine room duty watch, or 
                        vessel navigation functions.
                  (C) Status, documentation, and employment.--
                An unlicensed [seaman] seafarer described in 
                subparagraph (C) or (D) of paragraph (1) of 
                this subsection--
                          (i) is deemed to meet the nationality 
                        requirements necessary to qualify for a 
                        merchant mariner's document 
                        notwithstanding the requirements of 
                        part 12 of title 46, Code of Federal 
                        Regulations;
                          (ii) is deemed to meet the proof-of-
                        identity requirements necessary to 
                        qualify for a merchant mariner's 
                        document, as prescribed under 
                        regulations promulgated by the 
                        Secretary, if the [seaman] seafarer 
                        possesses--
                                  (I) an unexpired passport 
                                issued by the government of the 
                                country of which the [seaman] 
                                seafarer is a citizen or 
                                subject; and
                                  (II) an unexpired visa issued 
                                to the [seaman] seafarer, as 
                                described in paragraph (1)(C);
                          (iii) shall, if eligible, be issued a 
                        merchant mariner's document with an 
                        appropriate annotation reflecting the 
                        restrictions of subparagraph (B) of 
                        this paragraph; and
                          (iv) may be employed for a period of 
                        service on board not to exceed 36 
                        months in the aggregate as a 
                        nonimmigrant crewman described in 
                        section 101(a)(15)(D)(i) of the 
                        Immigration and Nationality Act (8 
                        U.S.C. 1101(a)(15)(D)(i)) on vessels 
                        engaged in domestic voyages 
                        notwithstanding the departure 
                        requirements and time limitations of 
                        such section and section 252 of the 
                        Immigration and Nationality Act (8 
                        U.S.C. 1282) and the regulations and 
                        rules promulgated thereunder.
          (4) Merchant mariner's document requirements not 
        affected.--This subsection shall not be construed to 
        affect any requirement under Federal law that an 
        individual must hold a merchant mariner's document.
          (5) Definitions.--In this subsection:
                  (A) Steward's department.--The term 
                ``steward's department'' means the department 
                that includes entertainment personnel and all 
                service personnel, including wait staff, 
                housekeeping staff, and galley workers, as 
                defined in the vessel security plan approved by 
                the Secretary pursuant to section 70103(c) of 
                this title.
                  (B) Large passenger vessel.--The term ``large 
                passenger vessel'' means a vessel of more than 
                70,000 gross tons, as measured under section 
                14302 of this title, with capacity for at least 
                2,000 passengers and documented with a 
                coastwise endorsement under chapter 121 of this 
                title.
  (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).

Sec. 8104. Watches

  (a) An owner, charterer, managing operator, master, 
individual in charge, or other person having authority may 
permit an officer to take charge of the deck watch on a vessel 
when leaving or immediately after leaving port only if the 
officer has been off duty for at least 6 hours within the 12 
hours immediately before the time of leaving.
  (b) On an oceangoing or coastwise vessel of not more than 100 
gross tons as measured under section 14502 of this title, or an 
alternate tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title 
(except a fishing, fish processing, or fish tender vessel), a 
licensed individual may not be required to work more than 9 of 
24 hours when in port, including the date of arrival, or more 
than 12 of 24 hours at sea, except in an emergency when life or 
property are endangered.
  (c) On a towing vessel (except a towing vessel operated only 
for fishing, fish processing, fish tender, or engaged in 
salvage operations) operating on the Great Lakes, harbors of 
the Great Lakes, and connecting or tributary waters between 
Gary, Indiana, Duluth, Minnesota, Niagara Falls, New York, and 
Ogdensburg, New York, an individual in the deck or engine 
department may not be required to work more than 8 hours in one 
day or permitted to work more than 15 hours in any 24-hour 
period, or more than 36 hours in any 72-hour period, except in 
an emergency when life or property are endangered.
  (d) On a merchant vessel of more than 100 gross tons as 
measured under section 14502 of this title, or an alternate 
tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title 
(except a vessel only operating on rivers, harbors, lakes 
(except the Great Lakes), bays, sounds, bayous, and canals, a 
fishing, fish tender, or whaling vessel, a fish processing 
vessel of not more than 5,000 gross tons as measured under 
section 14502 of this title, or an alternate tonnage measured 
under section 14302 of this title as prescribed by the 
Secretary under section 14104 of this title, yacht, or vessel 
engaged in salvage operations), the licensed individuals, 
sailors, and oilers shall be divided, when at sea, into at 
least 3 watches, and shall be kept on duty successively to 
perform ordinary work incident to the operation and management 
of the vessel. The requirement of this subsection applies to 
radio officers only when at least 3 radio officers are 
employed. An individual in the deck or engine department may 
not be required to work more than 8 hours in one day.
  (e) On a vessel designated by subsection (d) of this 
section--
          (1) an individual may not be--
                  (A) engaged to work alternately in the deck 
                and engine departments; or
                  (B) required to work in the engine department 
                if engaged for deck department duty or required 
                to work in the deck department if engaged for 
                engine department duty;
          (2) an individual may not be required to do 
        unnecessary work on Sundays, New Year's Day, July 4th, 
        Labor Day, Thanksgiving Day, or Christmas Day, when the 
        vessel is in a safe harbor, but this clause does not 
        prevent dispatch of a vessel on a voyage; and
          (3) when the vessel is in a safe harbor, 8 hours 
        (including anchor watch) is a day's work.
  (f) Subsections (d) and (e) of this section do not limit the 
authority of the master or other officer or the obedience of 
the [seamen] seafarers when, in the judgment of the master or 
other officer, any part of the crew is needed for--
          (1) maneuvering, shifting the berth of, mooring, or 
        unmooring, the vessel;
          (2) performing work necessary for the safety of the 
        vessel, or the vessel's passengers, crew, or cargo;
          (3) saving life on board another vessel in jeopardy; 
        or
          (4) performing fire, lifeboat, or other drills in 
        port or at sea.
  (g)(1) On a towing vessel, an offshore supply vessel, or a 
barge to which this section applies, that is engaged on a 
voyage of less than 600 miles, the licensed individuals and 
crewmembers may be divided, when at sea, into at least 2 
watches.
  (2) Paragraph (1) applies to an offshore supply vessel of at 
least 6,000 gross tons as measured under section 14302 of this 
title if the individuals engaged on the vessel are in 
compliance with hours of service requirements (including 
recording and recordkeeping of that service) as prescribed by 
the Secretary.
  (h) On a vessel to which section 8904 of this title applies, 
an individual licensed to operate a towing vessel may not work 
for more than 12 hours in a consecutive 24-hour period except 
in an emergency.
  (i) A person violating subsection (a) or (b) of this section 
is liable to the United States Government for a civil penalty 
of $10,000.
  (j) The owner, charterer, or managing operator of a vessel on 
which a violation of subsection (c), (d), (e), or (h) of this 
section occurs is liable to the Government for a civil penalty 
of $10,000. The individual is entitled to discharge from the 
vessel and receipt of wages earned.
  (k) On a fish processing vessel subject to inspection under 
part B of this subtitle, the licensed individuals and deck crew 
shall be divided, when at sea, into at least 3 watches.
  (l) Except as provided in subsection (k) of this section, on 
a fish processing vessel, the licensed individuals and deck 
crew shall be divided, when at sea, into at least 2 watches if 
the vessel--
          (1) entered into service before January 1, 1988, and 
        is more than 1,600 gross tons as measured under section 
        14502 of this title, or an alternate tonnage measured 
        under section 14302 of this title as prescribed by the 
        Secretary under section 14104 of this title; or
          (2) entered into service after December 31, 1987, and 
        has more than 16 individuals on board primarily 
        employed in the preparation of fish or fish products.
  (m) This section does not apply to a fish processing vessel--
          (1) entered into service before January 1, 1988, and 
        not more than 1,600 gross tons as measured under 
        section 14502 of this title, or an alternate tonnage 
        measured under section 14302 of this title as 
        prescribed by the Secretary under section 14104 of this 
        title; or
          (2) entered into service after December 31, 1987, and 
        having not more than 16 individuals on board primarily 
        employed in the preparation of fish or fish products.
  (n) On a tanker, a licensed individual or [seaman] seafarer 
may not be permitted to work more than 15 hours in any 24-hour 
period, or more than 36 hours in any 72-hour period, except in 
an emergency or a drill. In this subsection, ``work'' includes 
any administrative duties associated with the vessel whether 
performed on board the vessel or onshore.
  (o)(1) Except as provided in paragraph (2) of this 
subsection, on a fish tender vessel of not more than 500 gross 
tons as measured under section 14502 of this title, or less 
than 500 gross tons as measured under section 14502 of this 
title, or is less than 2,500 gross tons as measured under 
section 14302 of this title engaged in the Aleutian trade, the 
licensed individuals and crewmembers shall be divided, when at 
sea, into at least 3 watches.
  (2) On a fish tender vessel of not more than 500 gross tons 
as measured under section 14502 of this title, or less than 500 
gross tons as measured under section 14502 of this title, or is 
less than 2,500 gross tons as measured under section 14302 of 
this title engaged in the Aleutian trade, the licensed 
individuals and crewmembers shall be divided, when at sea, into 
at least 2 watches, if the vessel--
          (A) before September 8, 1990, operated in that trade; 
        or
          (B)(i) before September 8, 1990, was purchased to be 
        used in that trade; and
          (ii) before June 1, 1992, entered into service in 
        that trade.
  (p) The Secretary may prescribe the watchstanding and work 
hours requirements for an oil spill response vessel.

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Sec. 8106. Riding gangs

  (a) In General.--The owner or managing operator of a freight 
vessel of the United States on voyages covered by the 
International Convention for Safety of Life at Sea, 1974 (32 
UST 47m) shall--
          (1) ensure that--
                  (A) subject to subsection (d), each riding 
                gang member on the vessel--
                          (i) is a United States citizen or an 
                        alien lawfully admitted to the United 
                        States for permanent residence; or
                          (ii) possesses a United States 
                        nonimmigrant visa for individuals 
                        desiring to enter the United States 
                        temporarily for business, employment-
                        related and personal identifying 
                        information, and any other 
                        documentation required by the 
                        Secretary;
                  (B) all required documentation for such 
                member is kept on the vessel and available for 
                inspection by the Secretary; and
                  (C) each riding gang member is identified on 
                the vessel's crew list;
          (2) ensure that--
                  (A) the owner or managing operator attests in 
                a certificate that the background of each 
                riding gang member has been examined and found 
                to be free of any credible information 
                indicating a material risk to the security of 
                the vessel, the vessel's cargo, the ports the 
                vessel visits, or other individuals onboard the 
                vessel;
                  (B) the background check consisted of a 
                search of all information reasonably available 
                to the owner or managing operator in the riding 
                gang member's country of citizenship and any 
                other country in which the riding gang member 
                works, receives employment referrals, or 
                resides;
                  (C) the certificate required under 
                subparagraph (A) is kept on the vessel and 
                available for inspection by the Secretary; and
                  (D) the information derived from any such 
                background check is made available to the 
                Secretary upon request;
          (3) ensure that each riding gang member, while on 
        board the vessel, is subject to the same random 
        chemical testing and reporting regimes as crew members;
          (4) ensure that each such riding gang member receives 
        basic safety familiarization and basic safety training 
        approved by the Coast Guard as satisfying the 
        requirements for such training under the International 
        Convention of Training, Certification, and Watchkeeping 
        for Seafarers, 1978;
          (5) prevent from boarding the vessel, or cause the 
        removal from the vessel at the first available port, 
        and disqualify from future service on board any other 
        vessel owned or operated by that owner or operator, any 
        riding gang member--
                  (A) who has been convicted in any 
                jurisdiction of an offense described in 
                paragraph (2) or (3) of section 7703;
                  (B) whose license, certificate of registry, 
                or merchant mariner's document has been 
                suspended or revoked under section 7704; or
                  (C) who otherwise constitutes a threat to the 
                safety of the vessel;
          (6) ensure and certify to the Secretary that the sum 
        of--
                  (A) the number of riding gang members on 
                board a freight vessel, and
                  (B) the number of individuals in addition to 
                crew permitted under section 3304,
        does not exceed 12;
          (7) ensure that every riding gang member is employed 
        on board the vessel under conditions that meet or 
        exceed the minimum international standards of all 
        applicable international labor conventions to which the 
        United States is a party, including all of the merchant 
        [seamen] seafarers protection and relief provided under 
        United States law; and
          (8) ensure that each riding gang member--
                  (A) is supervised by an individual who holds 
                a license issued under chapter 71; and
                  (B) only performs work in conjunction with 
                individuals who hold merchant mariners 
                documents issued under chapter 73 and who are 
                part of the vessel's crew.
  (b) Permitted Work.--Subject to subsection (f), a riding gang 
member on board a vessel to which subsection (a) applies who is 
neither a United States citizen nor an alien lawfully admitted 
to the United States for permanent residence may not perform 
any work on board the vessel other than--
          (1) work in preparation of a vessel entering a 
        shipyard located outside of the United States;
          (2) completion of the residual repairs after 
        departing a shipyard located outside of the United 
        States; or
          (3) technical in-voyage repairs, in excess of any 
        repairs that can be performed by the vessel's crew, in 
        order to advance the vessel's useful life without 
        having to actually enter a shipyard.
  (c) Workday Limit.--
          (1) In general.--The maximum number of days in any 
        calendar year that the owner or operator of a vessel to 
        which subsection (a) applies may employ on board riding 
        gang members who are neither United States citizens nor 
        aliens lawfully admitted to the United States for 
        permanent residence for work on board that vessel is 60 
        days. If the vessel is at sea on the 60th day, each 
        riding gang member shall be discharged from the vessel 
        at the next port of call reached by the vessel after 
        the date on which the 60-workday limit is reached.
          (2) Calculation.--For the purpose of calculating the 
        60-workday limit under this subsection, each day worked 
        by a riding gang member who is neither a United States 
        citizen nor an alien lawfully admitted to the United 
        States for permanent residence shall be counted against 
        the limitation.
  (d) Exceptions for Warranty Work.--
          (1) In general.--Subsections (b), (c), (e), and (f) 
        do not apply to a riding gang member employed 
        exclusively to perform, and who performs only, work 
        that is--
                  (A) customarily performed by original 
                equipment manufacturers' technical 
                representatives;
                  (B) required by a manufacturer's warranty on 
                specific machinery and equipment; or
                  (C) required by a contractual guarantee or 
                warranty on actual repairs performed in a 
                shipyard located outside of the United States.
          (2) Citizenship requirement.--Subsection (a)(1)(A) 
        applies only to a riding gang member described in 
        paragraph (1) who is on the vessel when it calls at a 
        United States port.
  (e) Recordkeeping.--In addition to the requirements of 
subsection (a), the owner or managing operator of a vessel to 
which subsection (a) applies shall ensure that all information 
necessary to ensure compliance with this section, as determined 
by the Secretary, is entered into the vessel's official logbook 
required by chapter 113.
  (f) Failure to Employ Qualified Available U.S. Citizens or 
Residents.--
          (1) In general.--The owner or operator of a vessel to 
        which subsection (a) applies may not employ a riding 
        gang member who is neither a United States citizen nor 
        an alien lawfully admitted to the United States for 
        permanent residence to perform work described in 
        subsection (b) unless the owner or operator determines, 
        in accordance with procedures established by the 
        Secretary to carry out section 8103(b)(3)(C), that 
        there is not a sufficient number of United States 
        citizens or individuals lawfully admitted to the United 
        States for permanent residence who are qualified and 
        available for the work for which the riding gang member 
        is to be employed.
          (2) Civil penalty.--A violation of paragraph (1) is 
        punishable by a civil penalty of not more than $10,000 
        for each day during which the violation continues.
          (3) Continuing violations.--The maximum amount of a 
        civil penalty for a violation under this subsection 
        shall be $100,000.
          (4) Determination of amount.--In determining the 
        amount of the penalty, the Secretary shall take into 
        account the nature, circumstances, extent, and gravity 
        of the violation committed and, with respect to the 
        violator, the degree of culpability, the history of 
        prior offenses, the ability to pay, and such other 
        matters as justice may require.
          (5) Compromise, modification, and remittal.--The 
        Secretary may compromise, modify, or remit, with or 
        without conditions, any civil penalty imposed under 
        this section.

           *       *       *       *       *       *       *


Sec. 8109. Exemptions from manning and crew requirements

  (a) In General.--The Secretary may provide an exemption 
described in subsection (b) to the owner or operator of a 
covered facility if each individual who is manning or crewing 
the covered facility is--
          (1) a citizen of the United States;
          (2) an alien lawfully admitted to the United States 
        for permanent residence; or
          (3) a citizen of the nation under the laws of which 
        the vessel is documented.
  (b) Requirements for Eligibility for Exemption.--An exemption 
under this subsection is an exemption from the regulations 
established pursuant to section 302(a)(3) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1356(a)(3)).
  (c) Limitations.--An exemption under this section--
          (1) shall provide that the number of individuals 
        manning or crewing the covered facility who are 
        described in paragraphs (2) and (3) of subsection (a) 
        may not exceed two and one- half times the number of 
        individuals required to man or crew the covered 
        facility under the laws of the nation under the laws of 
        which the covered facility is documented; and
          (2) shall be effective for not more than 12 months, 
        but may be renewed by application to and approval by 
        the Secretary.
  (d) Application.--To be eligible for an exemption or a 
renewal of an exemption under this section, the owner or 
operator of a covered facility shall apply to the Secretary 
with an application that includes a sworn statement by the 
applicant of all information required for the issuance of the 
exemption.
  (e) Revocation.--
          (1) In general.--The Secretary--
                  (A) may revoke an exemption for a covered 
                facility under this section if the Secretary 
                determines that information provided in the 
                application for the exemption was false or 
                incomplete, or is no longer true or complete; 
                and
                  (B) shall immediately revoke such an 
                exemption if the Secretary determines that the 
                covered facility, in the effective period of 
                the exemption, was manned or crewed in a manner 
                not authorized by the exemption.
          (2) Notice required.--The Secretary shall provides 
        notice of a determination under subparagraph (A) or (B) 
        of paragraph (1) to the owner or operator of the 
        covered facility.
  (f) Review of Compliance.--The Secretary shall periodically, 
but not less than once annually, inspect each covered facility 
that operates under an exemption under this section to verify 
the owner or operator of the covered facility's compliance with 
the exemption. During an inspection under this subsection, the 
Secretary shall require all crew members serving under the 
exemption to hold a valid transportation security card issued 
under section 70105.
  (g) Penalty.--In addition to revocation under subsection (e), 
the Secretary may impose on the owner or operator of a covered 
facility a civil penalty of $10,000 per day for each day the 
covered facility--
          (1) is manned or crewed in violation of an exemption 
        under this subsection; or
          (2) operated under an exemption under this subsection 
        that the Secretary determines was not validly obtained.
  (h) Notification of Secretary of State.--The Secretary shall 
notify the Secretary of State of each exemption issued under 
this section, including the effective period of the exemption.
  (i) Definitions.--In this section:
          (1) Covered facility.--The term ``covered facility'' 
        means any vessel, rig, platform, or other vehicle or 
        structure, over 50 percent of which is owned by 
        citizens of a foreign nation or with respect to which 
        the citizens of a foreign nation have the right 
        effectively to control, except to the extent and to the 
        degree that the President determines that the 
        government of such foreign nation or any of its 
        political subdivisions has implemented, by statute, 
        regulation, policy, or practice, a national manning 
        requirement for equipment engaged in the exploring for, 
        developing, or producing resources, including non-
        mineral energy resources in its offshore areas.
          (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the department in which the Coast Guard is 
        operating.

           *       *       *       *       *       *       *


CHAPTER 87--UNLICENSED PERSONNEL

           *       *       *       *       *       *       *


Sec. 8702. Certain crew requirements

  (a) This section applies to a vessel of at least 100 gross 
tons as measured under section 14502 of this title, or an 
alternate tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title 
except--
          (1) a vessel operating only on rivers and lakes 
        (except the Great Lakes);
          (2) a barge (except a seagoing barge or a barge to 
        which chapter 37 of this title applies);
          (3) a fishing, fish tender, or whaling vessel (except 
        a fish tender vessel engaged in the Aleutian trade) or 
        a yacht;
          (4) a sailing school vessel with respect to sailing 
        school instructors and sailing school students;
          (5) an oceanographic research vessel with respect to 
        scientific personnel;
          (6) a fish processing vessel entered into service 
        before January 1, 1988, and not more than 1,600 gross 
        tons as measured under section 14502 of this title, or 
        an alternate tonnage measured under section 14302 of 
        this title as prescribed by the Secretary under section 
        14104 of this title or entered into service after 
        December 31, 1987, and having not more than 16 
        individuals on board primarily employed in the 
        preparation of fish or fish products; and
          (7) a fish processing vessel (except a vessel to 
        which clause (6) of this subsection applies) with 
        respect to individuals on board primarily employed in 
        the preparation of fish or fish products or in a 
        support position not related to navigation.
  (b) A vessel may operate only if at least--
          (1) 75 percent of the crew in each department on 
        board is able to understand any order spoken by the 
        officers, and
          (2) 65 percent of the deck crew (excluding licensed 
        individuals) have merchant mariners' documents endorsed 
        for a rating of at least able [seaman] seafarer, except 
        that this percentage may be reduced to 50 percent--
                  
                  (i) on a vessel permitted under section 8104 
                of this title to maintain a 2-watch system; or
                  
                  (ii) on a fish tender vessel engaged in the 
                Aleutian trade.
  (c) An able [seaman] seafarer is not required on a towing 
vessel operating on bays and sounds connected directly with the 
seas.
  (d) An individual having a rating of less than able [seaman] 
seafarer may not be permitted at the wheel in ports, harbors, 
and other waters subject to congested vessel traffic, or under 
conditions of reduced visibility, adverse weather, or other 
hazardous circumstances.
  (e) The owner, charterer, managing operator, agent, master, 
or individual in charge of a vessel operated in violation of 
this section or a regulation prescribed under this section is 
liable to the United States Government for a civil penalty of 
$10,000.

           *       *       *       *       *       *       *


CHAPTER 91--TANK VESSEL MANNING STANDARDS

           *       *       *       *       *       *       *


Sec. 9101. Standards for foreign tank vessels

  (a)(1) The Secretary shall evaluate the manning, training, 
qualification, and watchkeeping standards of a foreign country 
that issues documentation for any vessel to which chapter 37 of 
this title applies--
          (A) on a periodic basis; and
          (B) when the vessel is involved in a marine casualty 
        required to be reported under section 6101(a)(4) or (5) 
        of this title.
  (2) After each evaluation made under paragraph (1) of this 
subsection, the Secretary shall determine whether--
          (A) the foreign country has standards for licensing 
        and certification of [seamen] seafarers that are at 
        least equivalent to United States law or international 
        standards accepted by the United States; and
          (B) those standards are being enforced.
  (3) If the Secretary determines under this subsection that a 
country has failed to maintain or enforce standards at least 
equivalent to United States law or international standards 
accepted by the United States, the Secretary shall prohibit 
vessels issued documentation by that country from entering the 
United States until the Secretary determines those standards 
have been established and are being enforced.
  (4) The Secretary may allow provisional entry of a vessel 
prohibited from entering the United States under paragraph (3) 
of this subsection if--
          (A) the owner or operator of the vessel establishes, 
        to the satisfaction of the Secretary, that the vessel 
        is not unsafe or a threat to the marine environment; or
          (B) the entry is necessary for the safety of the 
        vessel or individuals on the vessel.
  (b) A foreign vessel to which chapter 37 of this title 
applies that has on board oil or hazardous material in bulk as 
cargo or cargo residue shall have a specified number of 
personnel certified as tankerman or equivalent, as required by 
the Secretary, when the vessel transfers oil or hazardous 
material in a port or place subject to the jurisdiction of the 
United States. The requirement of this subsection shall be 
noted in applicable terminal operating procedures. A transfer 
operation may take place only if the crewmember in charge is 
capable of clearly understanding instructions in English.

           *       *       *       *       *       *       *


PART H--IDENTIFICATION OF VESSELS

           *       *       *       *       *       *       *


CHAPTER 121--DOCUMENTATION OF VESSELS

           *       *       *       *       *       *       *


         SUBCHAPTER II--ENDORSEMENTS AND SPECIAL DOCUMENTATION

Sec. 12111. Registry endorsement

  (a) Requirements.--A registry endorsement may be issued for a 
vessel that satisfies the requirements of section 12103 of this 
title.
  (b) Authorized Activity.--A vessel for which a registry 
endorsement is issued may engage in foreign trade or trade with 
Guam, American Samoa, Wake, Midway, or Kingman Reef.
  (c) Certain Vessels Owned by Trusts.--
          (1) Nonapplication of beneficiary citizenship 
        requirement.--For the issuance of a certificate of 
        documentation with only a registry endorsement, the 
        beneficiaries of a trust are not required to be 
        citizens of the United States if the trust qualifies 
        under paragraph (2) and the vessel is subject to a 
        charter to a citizen of the United States.
          (2) Requirements for trust to qualify.--
                  (A) In general.--Subject to subparagraph (B), 
                a trust qualifies under this paragraph with 
                respect to a vessel only if--
                          (i) each trustee is a citizen of the 
                        United States; and
                          (ii) the application for 
                        documentation of the vessel includes 
                        the affidavit of each trustee stating 
                        that the trustee is not aware of any 
                        reason involving a beneficiary of the 
                        trust that is not a citizen of the 
                        United States, or involving any other 
                        person that is not a citizen of the 
                        United States, as a result of which the 
                        beneficiary or other person would hold 
                        more than 25 percent of the aggregate 
                        power to influence or limit the 
                        exercise of the authority of the 
                        trustee with respect to matters 
                        involving any ownership or operation of 
                        the vessel that may adversely affect 
                        the interests of the United States.
                  (B) Authority of non-citizens.--If any person 
                that is not a citizen of the United States has 
                authority to direct or participate in directing 
                a trustee for a trust in matters involving any 
                ownership or operation of the vessel that may 
                adversely affect the interests of the United 
                States or in removing a trustee for a trust 
                without cause, either directly or indirectly 
                through the control of another person, the 
                trust is not qualified under this paragraph 
                unless the trust instrument provides that 
                persons who are not citizens of the United 
                States may not hold more than 25 percent of the 
                aggregate authority to so direct or remove a 
                trustee.
                  (C) Ownership by non-citizens.--Subparagraphs 
                (A) and (B) do not prohibit a person that is 
                not a citizen of the United States from holding 
                more than 25 percent of the beneficial interest 
                in a trust.
          (3) Citizenship of person chartering vessel.--If a 
        person chartering a vessel from a trust that qualifies 
        under paragraph (2) is a citizen of the United States 
        under section 50501 of this title, the vessel is deemed 
        to be owned by a citizen of the United States for 
        purposes of that section and related laws, except 
        chapter 531 of this title.
  (d) Activities Involving Mobile Offshore Drilling Units.--
          (1) In general.--Only a vessel for which a 
        certificate of documentation with a registry 
        endorsement is issued may engage in--
                  (A) the setting, relocation, or recovery of 
                the anchors or other mooring equipment of a 
                mobile offshore drilling unit or other energy 
                production or transmission facility, or vessel 
                engaged in the launch, recovery, or support of 
                commercial space transportation or space 
                exploration activities that is located over the 
                outer Continental Shelf (as defined in section 
                2(a) of the Outer Continental Shelf Lands Act 
                (43 U.S.C. 1331(a))); or
                  (B) the transportation of merchandise or 
                personnel to or from a point in the United 
                States from or to a mobile offshore drilling 
                unit or other energy production or transmission 
                facility, or vessel engaged in the launch, 
                recovery, or support of commercial space 
                transportation or space exploration activities 
                located over the outer Continental Shelf that 
                is not attached to the seabed.
          (2) Coastwise trade not authorized.--Nothing in 
        paragraph (1) authorizes the employment in the 
        coastwise trade of a vessel that does not meet the 
        requirements of section 12112 of this title.

           *       *       *       *       *       *       *


                     SUBCHAPTER III--MISCELLANEOUS

Sec. 12131. Command of documented vessels

  (a) In General.--Except as provided in subsection (b), a 
documented vessel may be placed under the command only of a 
citizen or noncitizen national (as such term is described in 
section 308 of the Immigration and Nationality Act (8 U.S.C. 
1408)) of the United States.
  (b) Exceptions.--Subsection (a) does not apply to--
          (1) a vessel with only a recreational endorsement; or
          (2) an unmanned barge operating outside of the 
        territorial waters of the United States.

           *       *       *       *       *       *       *


Sec. 12135. Invalidation of certificates of documentation

  A certificate of documentation or an endorsement on the 
certificate is invalid if the vessel for which it is issued--
          (1) no longer meets the requirements of this chapter 
        and regulations prescribed under this chapter 
        applicable to the certificate or endorsement; or
          (2) is placed under the command of an individual not 
        a citizen or noncitizen national (as such term is 
        described in section 308 of the Immigration and 
        Nationality Act (8 U.S.C. 1408)) of the United States 
        in violation of section 12131 of this title.

           *       *       *       *       *       *       *


PART K--NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES

           *       *       *       *       *       *       *


   CHAPTER 151--NATIONAL MARITIME TRANSPORTATION ADVISORY COMMITTEES

Sec.
15101. National Chemical Transportation Safety Advisory Committee.
     * * * * * * *
15110. Establishment of a national advisory committee on autonomous 
          maritime systems.

           *       *       *       *       *       *       *


Sec. 15110. Establishment of a national advisory committee on 
                    autonomous maritime systems

  (a) Establishment.--There is established a National Advisory 
Committee on Autonomous Maritime Systems (in this section 
referred to as the ``Committee'').
  (b) Function.--The Committee shall advise the Secretary on 
matters relating to the regulation and use of Autonomous 
Systems within the territorial waters of the United States.
  (c) Membership.--
          (1) In general.--The Committee shall consist of 8 
        members appointed by the Secretary in accordance with 
        this section and section 15109.
          (2) Expertise.--Each member of the Committee shall 
        have particular expertise, knowledge, and experience in 
        matters relating to the function of the Committee.
          (3) Representation.--Each of the following groups 
        shall be represented by at least 1 member on the 
        Committee:
                  (A) Marine safety or security entities.
                  (B) Vessel design and construction entities.
                  (C) Entities engaged in the production or 
                research of unmanned vehicles, including 
                drones, autonomous or semi-autonomous vehicles, 
                or any other product or service integral to the 
                provision, maintenance, or management of such 
                products or services.
                  (D) Port districts, authorities, or terminal 
                operators.
                  (E) Vessel operators.
                  (F) National labor unions representing 
                merchant mariners.
                  (G) Maritime pilots.
                  (H) Commercial space transportation 
                operators.
                  (I) Academic institutions.

           *       *       *       *       *       *       *


SUBTITLE V--MERCHANT MARINE

           *       *       *       *       *       *       *


PART D--PROMOTIONAL PROGRAMS

           *       *       *       *       *       *       *


CHAPTER 551--COASTWISE TRADE

           *       *       *       *       *       *       *


Sec. 55102. Transportation of merchandise

  (a) Definition.--In this section, the term ``merchandise'' 
includes--
          (1) merchandise owned by the United States 
        Government, a State, or a subdivision of a State; and
          (2) valueless material.
  (b) Requirements.--Except as otherwise provided in this 
chapter or chapter 121 of this title, a vessel may not provide 
any part of the transportation of merchandise by water, or by 
land and water, between points in the United States to which 
the coastwise laws apply, either directly or via a foreign 
port, unless the vessel--
          (1) is wholly owned by citizens of the United States 
        for purposes of engaging in the coastwise trade; and
          (2) has been issued a certificate of documentation 
        with a coastwise endorsement under chapter 121 or is 
        exempt from documentation but would otherwise be 
        eligible for such a certificate and endorsement.
  (c) Penalty.--Merchandise transported in violation of 
subsection (b) is liable to seizure by and forfeiture to the 
Government. Alternatively, an amount equal to the value of the 
merchandise (as determined by the Secretary of Homeland 
Security) or the actual cost of the transportation, whichever 
is greater, may be recovered from any person transporting the 
merchandise or causing the merchandise to be transported.
  (d) Publication of Penalty.--
          (1) In general.--Not later than 14 days after the 
        issuance of a pre-penalty notice or a penalty, 
        including a settlement, under subsection (c), the 
        Secretary of Homeland Security shall publish such pre-
        penalty notice or a notification of such penalty in the 
        Customs Bulletin and Decisions to the party impacted by 
        the penalty.
          (2) Contents.--A pre-penalty notice or penalty 
        notification published under paragraph (1) shall 
        include--
                  (A) the name and the International Maritime 
                Organization identification number of the 
                vessel that is the subject of the penalty;
                  (B) the name of the owner of the vessel that 
                is the subject of the penalty;
                  (C) the amount of the fine or value of 
                merchandise seized; and
                  (D) a summary of the alleged misconduct and 
                justification for imposing a penalty.

           *       *       *       *       *       *       *


SUBTITLE VII--SECURITY AND DRUG ENFORCEMENT

           *       *       *       *       *       *       *


CHAPTER 700--PORTS AND WATERWAYS SAFETY

           *       *       *       *       *       *       *


               SUBCHAPTER II--PORTS AND WATERWAYS SAFETY

Sec. 70011. Waterfront safety

  (a) In General.--The Secretary may take such action as is 
necessary to--
          (1) prevent damage to, or the destruction of, any 
        bridge or other structure on or in the navigable waters 
        of the United States, or any land structure or shore 
        area immediately adjacent to such waters, including 
        damage or destruction resulting from cyber incidents, 
        transnational organized crime, or foreign state 
        threats; and
          (2) protect the navigable waters and the resources 
        therein from harm resulting from vessel or structure 
        damage, destruction, or loss or harm resulting from 
        cyber incidents, transnational organized crime, or 
        foreign state threats.
  (b) Actions Authorized.--Actions authorized by subsection (a) 
include--
          (1) establishing procedures, measures, and standards 
        for the handling, loading, unloading, storage, stowage, 
        and movement on a structure (including the emergency 
        removal, control, and disposition) of explosives or 
        other dangerous articles and substances, including oil 
        or hazardous material as those terms are defined in 
        section 2101;
          (2) prescribing minimum safety equipment requirements 
        for a structure to assure adequate protection from 
        fire, explosion, natural disaster, and other serious 
        accidents or casualties;
          (3) establishing water or waterfront safety zones, or 
        other measures, for limited, controlled, or conditional 
        access and activity when necessary for the protection 
        of any vessel, structure, waters, or shore area; [and]
          (4) establishing procedures for examination to assure 
        compliance with the requirements prescribed under this 
        section[.]; and
          (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).
  (c) State Law.--Nothing in this section, with respect to 
structures, prohibits a State or political subdivision thereof 
from prescribing higher safety equipment requirements or safety 
standards than those that may be prescribed by regulations 
under this section.

           *       *       *       *       *       *       *


SUBCHAPTER III--CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES

           *       *       *       *       *       *       *


Sec. 70022. Prohibition on entry and operation

  (a) Prohibition.--
          (1) In general.--Except as otherwise provided in this 
        section, no vessel described in subsection (b) may 
        enter or operate in the navigable waters of the United 
        States or transfer cargo in any port or place under the 
        jurisdiction of the United States.
          (2) Limitations on application.--
                  (A) In general.--The prohibition under 
                paragraph (1) shall not apply with respect to--
                          (i) a vessel described in subsection 
                        (b)(1), if the Secretary of State 
                        determines that--
                                  (I) the vessel is owned or 
                                operated by or on behalf of a 
                                country the government of which 
                                the Secretary of State 
                                determines is closely 
                                cooperating with the United 
                                States with respect to 
                                implementing the applicable 
                                United Nations Security Council 
                                resolutions (as such term is 
                                defined in section 3 of the 
                                North Korea Sanctions and 
                                Policy Enhancement Act of 
                                2016); or
                                  (II) it is in the national 
                                security interest not to apply 
                                the prohibition to such vessel; 
                                or
                          (ii) a vessel described in subsection 
                        (b)(2), if the Secretary of State 
                        determines that the vessel is no longer 
                        registered as described in that 
                        subsection.
                  (B) Notice.--Not later than 15 days after 
                making a determination under subparagraph (A), 
                the Secretary of State shall submit to the 
                Committee on Foreign Affairs and the Committee 
                on Transportation and Infrastructure of the 
                House of Representatives and the Committee on 
                Foreign Relations and the Committee on 
                Commerce, Science, and Transportation of the 
                Senate written notice of the determination and 
                the basis upon which the determination was 
                made.
                  (C) Publication.--The Secretary of State 
                shall publish a notice in the Federal Register 
                of each determination made under subparagraph 
                (A).
  (b) Vessels Described.--A vessel referred to in subsection 
(a) is a foreign vessel for which a notice of arrival is 
required to be filed under section 70001(a)(5), and that--
          (1) is on the most recent list of vessels published 
        in [Federal Register] the Federal Register under 
        subsection (c)(2); or
          (2) more than 180 days after the publication of such 
        list, is knowingly registered, pursuant to the 1958 
        Convention on the High Seas entered into force on 
        September 30, 1962, by a government the agents or 
        instrumentalities of which are maintaining a 
        registration of a vessel that is included on such list.
  (c) Information and Publication.--The Secretary of the 
department in which the Coast Guard is operating, with the 
concurrence of the Secretary of State, shall--
          (1) maintain timely information on the registrations 
        of all foreign vessels over 300 gross tons that are 
        known to be--
                  (A) owned or operated by or on behalf of the 
                Government of North Korea or a North Korean 
                person;
                  (B) owned or operated by or on behalf of any 
                country in which a sea port is located, the 
                operator of which the President has identified 
                in the most recent report submitted under 
                section 205(a)(1)(A) of the North Korea 
                Sanctions and Policy Enhancement Act of 2016; 
                or
                  (C) owned or operated by or on behalf of any 
                country identified by the President as a 
                country that has not complied with the 
                applicable United Nations Security Council 
                resolutions (as such term is defined in section 
                3 of such Act); and
          (2) periodically publish in the Federal Register a 
        list of the vessels described in paragraph (1).
  (d) Notification of Governments.--
          (1) In general.--The Secretary of State shall notify 
        each government, the agents or instrumentalities of 
        which are maintaining a registration of a foreign 
        vessel that is included on a list published under 
        subsection (c)(2), not later than 30 days after such 
        publication, that all vessels registered under such 
        government's authority are subject to subsection (a).
          (2) Additional notification.--In the case of a 
        government that continues to maintain a registration 
        for a vessel that is included on such list after 
        receiving an initial notification under paragraph (1), 
        the Secretary shall issue an additional notification to 
        such government not later than 120 days after the 
        publication of a list under subsection (c)(2).
  (e) Notification of Vessels.--Upon receiving a notice of 
arrival under section 70001(a)(5) from a vessel described in 
subsection (b), the Secretary of the department in which the 
Coast Guard is operating shall notify the master of such vessel 
that the vessel may not enter or operate in the navigable 
waters of the United States or transfer cargo in any port or 
place under the jurisdiction of the United States, unless--
          (1) the Secretary of State has made a determination 
        under subsection (a)(2); or
          (2) the Secretary of the department in which the 
        Coast Guard is operating allows provisional entry of 
        the vessel, or transfer of cargo from the vessel, under 
        subsection (f).
  (f) Provisional Entry or Cargo Transfer.--Notwithstanding any 
other provision of this section, the Secretary of the 
department in which the Coast Guard is operating may allow 
provisional entry of, or transfer of cargo from, a vessel, if 
such entry or transfer is necessary for the safety of the 
vessel or persons aboard.
  (g) Right of Innocent Passage and Right of Transit Passage.--
This section shall not be construed as authority to restrict 
the right of innocent passage or the right of transit passage 
as recognized under international law.

           *       *       *       *       *       *       *


 SUBCHAPTER VI--REGULATION OF VESSELS IN TERRITORIAL WATERS OF UNITED 
                                 STATES

Sec. 70051. Regulation of anchorage and movement of vessels during 
                    national emergency

  Whenever the President by proclamation or Executive order 
declares a national emergency to exist by reason of actual or 
threatened war, insurrection, or invasion, or disturbance or 
threatened disturbance of the international relations of the 
United States, or whenever the Attorney General determines that 
an actual or anticipated mass migration of aliens en route to, 
or arriving off the coast of, the United States presents urgent 
circumstances requiring an immediate Federal response, the 
Secretary of the department in which the Coast Guard is 
operating may make, subject to the approval of the President, 
rules and regulations governing the anchorage and movement of 
any vessel, foreign or domestic, in the territorial waters of 
the United States, may inspect such vessel at any time, place 
guards thereon, and, if necessary in his opinion in order to 
secure such vessels from damage or injury, or to prevent damage 
or injury to any harbor or waters of the United States, or to 
secure the observance of the rights and obligations of the 
United States, may take, by and with the consent of the 
President, for such purposes, full possession and control of 
such vessel and remove therefrom the officers and crew thereof 
and all other persons not specially authorized by him to go or 
remain on board thereof.
   Whenever the President finds that the security of the United 
States is endangered by reason of actual or threatened war, or 
invasion, or insurrection, or subversive activity, or cyber 
incidents, or transnational organized crime, or foreign state 
threats, or of disturbances or threatened disturbances of the 
international relations of the United States, the President is 
authorized to institute such measures and issue such rules and 
regulations--
   (a) to govern the anchorage and movement of any foreign-flag 
vessels in the territorial waters of the United States, to 
inspect such vessels at any time, to place guards thereon, and, 
if necessary in his opinion in order to secure such vessels 
from damage or injury, or to prevent damage or injury to any 
harbor or waters of the United States, or to secure the 
observance of rights and obligations of the United States, may 
take for such purposes full possession and control of such 
vessels and remove therefrom the officers and crew thereof, and 
all other persons not especially authorized by him to go or 
remain on board thereof;
   (b) to safeguard against destruction, loss, or injury from 
sabotage or other subversive acts, accidents, or other causes 
of similar nature, vessels, harbors, ports, and waterfront 
facilities in the United States and all territory and water, 
continental or insular, subject to the jurisdiction of the 
United States.
   The President may delegate the authority to issue such rules 
and regulations to the Secretary of the department in which the 
Coast Guard is operating. Any appropriation available to any of 
the Executive Departments shall be available to carry out the 
provisions of this subchapter.

           *       *       *       *       *       *       *


CHAPTER 701--PORT SECURITY

           *       *       *       *       *       *       *


SUBCHAPTER I--GENERAL

           *       *       *       *       *       *       *


Sec. 70116. Port, harbor, and coastal facility security

  (a) General Authority.--The Secretary may take actions 
described in subsection (b) to prevent or respond to an act of 
terrorism, cyber incidents, transnational organized crime, and 
foreign state threats against--
          (1) an individual, vessel, or public or commercial 
        structure, that is--
                  (A) subject to the jurisdiction of the United 
                States; and
                  (B) located within or adjacent to the marine 
                environment; or
          (2) a vessel of the United States or an individual on 
        board that vessel.
  (b) Specific Authority.--Under subsection (a), the Secretary 
may--
          (1) carry out or require measures, including 
        inspections, port and harbor patrols, the establishment 
        of security and safety zones, and the development of 
        contingency plans and procedures, to prevent or respond 
        to acts of [terrorism cyber] terrorism, cyber 
        incidents, transnational organized crime, and foreign 
        state threats;
          (2) recruit members of the Regular Coast Guard and 
        the Coast Guard Reserve and train members of the 
        Regular Coast Guard and the Coast Guard Reserve in the 
        techniques of preventing and responding to acts of 
        terrorism, cyber incidents, transnational organized 
        crime, and foreign state threats; and
          (3) dispatch properly trained and qualified, armed 
        (as needed), Coast Guard personnel on vessels and 
        public or commercial structures on or adjacent to 
        waters subject to United States jurisdiction to deter 
        or respond to acts of terrorism, cyber incidents, 
        transnational organized crime, foreign state threats, 
        or transportation security incidents, as defined in 
        section 70101 of title 46, United States Code.
  (c) Definitions, Administration, and Enforcement.--This 
section shall be treated as part of chapter 700 for purposes of 
sections 70031, 70032, 70033, 70035, and 70036. When preventing 
or responding to acts of terrorism, cyber incidents, 
transnational organized crime, or foreign state threats, the 
Secretary may carry out this section without regard to chapters 
5 and 6 of title 5 or Executive Order Nos. 12866 and 13563.

           *       *       *       *       *       *       *


Sec. 70118. Enforcement by State and local officers

  (a) In General.--Any State or local government law 
enforcement officer who has authority to enforce State criminal 
laws may make an arrest for violation of a security zone 
regulation prescribed under [section 1 of title II of the Act 
of June 15, 1917 (chapter 30; 50 U.S.C. 191)] section 70051 or 
security or safety zone regulation under [section 7(b) of the 
Ports and Waterways Safety Act (33 U.S.C. 1226(b))] section 
70116(b) or a safety zone regulation prescribed under section 
10(d) of the Deepwater Port Act of 1974 (33 U.S.C. 1509(d)) by 
a Coast Guard official authorized by law to prescribe such 
regulations, if--
          (1) such violation is a felony; and
          (2) the officer has reasonable grounds to believe 
        that the person to be arrested has committed or is 
        committing such violation.
  (b) Other Powers not Affected.--The provisions of this 
section are in addition to any power conferred by law to such 
officers. This section shall not be construed as a limitation 
of any power conferred by law to such officers, or any other 
officer of the United States or any State. This section does 
not grant to such officers any powers not authorized by the law 
of the State in which those officers are employed.

           *       *       *       *       *       *       *


                   SUBCHAPTER II--PORT SECURITY ZONES

Sec. 70131. Definitions

  In this subchapter:
          (1) Law enforcement agency.--The term ``law 
        enforcement agency'' means an agency of a State, a 
        political subdivision of a State, or a Federally 
        recognized tribe that is authorized by law to supervise 
        the prevention, detection, investigation, or 
        prosecution of any violation of criminal law.
          (2) Security zone.--The term ``security zone'' means 
        a security zone, established by the Commandant of the 
        Coast Guard or the Commandant's designee pursuant to 
        [section 1 of title II of the Act of June 15, 1917 (50 
        U.S.C. 191)] section 70051 or [section 7(b) of the 
        Ports and Waterways Safety Act (33 U.S.C. 1226(b))] 
        section 70116(b), for a vessel carrying especially 
        hazardous cargo when such vessel--
                  (A) enters, or operates within, the internal 
                waters of the United States and the territorial 
                sea of the United States; or
                  (B) transfers such cargo or residue in any 
                port or place, under the jurisdiction of the 
                United States, within the territorial sea of 
                the United States or the internal waters of the 
                United States.

           *       *       *       *       *       *       *


CHAPTER 705--MARITIME DRUG LAW ENFORCEMENT

           *       *       *       *       *       *       *


Sec. 70503. Prohibited acts

  (a) Prohibitions.--[While on board a covered vessel, an 
individual] An individual may not knowingly or intentionally--
          [(1) manufacture or distribute, or possess with 
        intent to manufacture or distribute, a controlled 
        substance;]
          (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;
          (2) destroy (including jettisoning any item or 
        scuttling, burning, or hastily cleaning a vessel), or 
        attempt or conspire to destroy, property that is 
        subject to forfeiture under section 511(a) of the 
        Comprehensive Drug Abuse Prevention and Control Act of 
        1970 (21 U.S.C. 881(a)) aboard a covered vessel; or
          (3) conceal, or attempt or conspire to conceal, more 
        than $100,000 in currency or other monetary instruments 
        on the person of such individual or in any conveyance, 
        article of luggage, merchandise, or other container, or 
        compartment of or aboard the covered vessel if that 
        vessel is outfitted for smuggling.
  (b) Extension Beyond Territorial Jurisdiction.--Subsection 
(a) applies even though the act is committed outside the 
territorial jurisdiction of the United States.
  (c) Nonapplication.--
          (1) In general.--Subject to paragraph (2), subsection 
        (a) does not apply to--
                  (A) a common or contract carrier or an 
                employee of the carrier who possesses or 
                distributes a controlled substance in the 
                lawful and usual course of the carrier's 
                business; or
                  (B) a public vessel of the United States or 
                an individual on board the vessel who possesses 
                or distributes a controlled substance in the 
                lawful course of the individual's duties.
          (2) Entered in manifest.--Paragraph (1) applies only 
        if the controlled substance is part of the cargo 
        entered in the vessel's manifest and is intended to be 
        imported lawfully into the country of destination for 
        scientific, medical, or other lawful purposes.
  (d) Burden of Proof.--The United States Government is not 
required to negative a defense provided by subsection (c) in a 
complaint, information, indictment, or other pleading or in a 
trial or other proceeding. The burden of going forward with the 
evidence supporting the defense is on the person claiming its 
benefit.
  (e) Covered Vessel Defined.--In this section the term 
``covered vessel'' means--
          (1) a vessel of the United States or a vessel subject 
        to the jurisdiction of the United States; or
          (2) any other vessel if the individual is a citizen 
        of the United States or a resident alien of the United 
        States.

           *       *       *       *       *       *       *

                              ----------                              


            DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022

      DIVISION K--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022

SEC. 11001. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This division may be cited as the ``Don 
Young Coast Guard Authorization Act of 2022''.
  (b) Table of Contents.--The table of contents for this 
division is as follows:

Sec. 11001. Short title; table of contents.
     * * * * * * *

                         Title CXII--Coast Guard

     * * * * * * *

                  Subtitle G--Miscellaneous Provisions

Sec. 11255. Modification of prohibition on operation or procurement of 
          foreign-made unmanned aircraft systems.
     * * * * * * *
[Sec. 11269. Public availability of information on monthly migrant 
          interdictions.]

           *       *       *       *       *       *       *


TITLE CXII--COAST GUARD

           *       *       *       *       *       *       *


Subtitle G--Miscellaneous Provisions

           *       *       *       *       *       *       *


[SEC. 11269. PUBLIC AVAILABILITY OF INFORMATION ON MONTHLY MIGRANT 
                    INTERDICTIONS.

  [Not later than the 15th day of each month, the Commandant 
shall make available to the public on the website of the Coast 
Guard the number of migrant interdictions carried out by the 
Coast Guard during the preceding month.]

           *       *       *       *       *       *       *

                              ----------                              


SECTION 11502 OF THE JAMES H. INHOFE NATIONAL DEFENSE AUTHORIZATION ACT 
                          FOR FISCAL YEAR 2023

SEC. 11502. REQUIREMENTS FOR [DUKW AMPHIBIOUS PASSENGER VESSELS] 
                    COMMERCIAL AMPHIBIOUS SMALL PASSENGER VESSELS.

  (a) Rulemaking Required.--
          (1) In general.--Not later than 6 months after the 
        date of enactment of this Act, the Commandant shall 
        initiate a rulemaking to establish additional safety 
        standards for [DUKW amphibious passenger vessels] 
        commercial amphibious small passenger vessels.
          (2) Deadline for regulations.--The regulations issued 
        under paragraph (1) shall take effect not later than 18 
        months after the Commandant promulgates a final rule 
        pursuant to such paragraph.
  (b) Requirements.--The regulations required under subsection 
(a) shall include the following:
          (1) A requirement that operators of [DUKW amphibious 
        passenger vessels] commercial amphibious small 
        passenger vessels provide reserve buoyancy for such 
        vessels through passive means, including watertight 
        compartmentalization, built-in flotation, or such other 
        means as determined appropriate by the Commandant, in 
        order to ensure that such vessels remain afloat and 
        upright in the event of flooding, including when 
        carrying a full complement of passengers and crew.
          (2) An identification, in consultation with the Under 
        Secretary of Commerce for Oceans and Atmosphere, of 
        limiting environmental conditions, such as weather, in 
        which [DUKW amphibious passenger vessels] commercial 
        amphibious small passenger vessels may safely operate 
        and a requirement that such limiting conditions be 
        described in the certificate of inspection of each 
        [DUKW amphibious passenger vessel] commercial 
        amphibious small passenger vessel.
          (3) Requirements that an operator of a [DUKW 
        amphibious passenger vessel] commercial amphibious 
        small passenger vessel--
                  (A) proceed to the nearest harbor or safe 
                refuge in any case in which a watch or warning 
                is issued for wind speeds exceeding the wind 
                speed equivalent used to certify the stability 
                of such [DUKW amphibious passenger vessel] 
                commercial amphibious small passenger vessel; 
                and
                  (B) maintain and monitor a weather monitor 
                radio receiver at the operator station of the 
                vessel that is automatically activated by the 
                warning alarm device of the National Weather 
                Service.
          (4) A requirement that--
                  (A) operators of [DUKW amphibious passenger 
                vessels] commercial amphibious small passenger 
                vessels inform passengers that seat belts may 
                not be worn during waterborne operations;
                  (B) before the commencement of waterborne 
                operations, a crew member shall visually check 
                that the seatbelt of each passenger is 
                unbuckled; and
                  (C) operators or crew maintain a log 
                recording the actions described in 
                subparagraphs (A) and (B).
          (5) A requirement for annual training for operators 
        and crew of [DUKW amphibious passenger vessels] 
        commercial amphibious small passenger vessels, 
        including--
                  (A) training for personal flotation and seat 
                belt requirements, verifying the integrity of 
                the vessel at the onset of each waterborne 
                departure, identification of weather hazards, 
                and use of National Weather Service resources 
                prior to operation; and
                  (B) training for crew to respond to emergency 
                situations, including flooding, engine 
                compartment fires, man-overboard situations, 
                and in water emergency egress procedures.
  (c) Consideration.--In issuing the regulations required under 
subsection (a), the Commandant shall consider whether personal 
flotation devices should be required for the duration of the 
waterborne transit of a [DUKW amphibious passenger vessel] 
commercial amphibious small passenger vessel.
  (d) Waiver.--The Commandant may waive the reserve buoyancy 
requirements described in subsection (b)(1) for a [DUKW 
amphibious passenger vessel] commercial amphibious small 
passenger vessel if the Commandant certifies in writing, using 
the best available science, to the appropriate congressional 
committees that such requirement is not practicable or 
technically or practically achievable for such vessel.
  (e) Notice to Passengers,--A [DUKW amphibious passenger 
vessel] commercial amphibious small passenger vessel that 
receives a waiver under subsection (d) shall provide a 
prominently displayed notice on its website, ticket counter, 
and each ticket for passengers that the vessel is exempt from 
meeting Coast Guard safety compliance standards concerning 
reserve buoyancy.
  (f) Interim Requirements.--Prior to issuing final regulations 
pursuant to subsection (a) and not later than 180 days after 
the date of enactment of this Act, the Commandant shall require 
that operators of [DUKW amphibious passenger vessels] 
commercial amphibious small passenger vessels implement the 
following requirements:
          (1) Remove the canopies and any window coverings of 
        such vessels for waterborne operations, or install in 
        such vessels a canopy that does not restrict horizontal 
        or vertical escape by passengers in the event of 
        flooding or sinking.
          (2) If a canopy and window coverings are removed from 
        any such vessel pursuant to paragraph (1), require that 
        all passengers wear a personal flotation device 
        approved by the Coast Guard before the onset of 
        waterborne operations of such vessel.
          (3) Reengineer such vessels to permanently close all 
        unnecessary access plugs and reduce all through-hull 
        penetrations to the minimum number and size necessary 
        for operation.
          (4) Install in such vessels independently powered 
        electric bilge pumps that are capable of dewatering 
        such vessels at the volume of the largest remaining 
        penetration in order to supplement an operable Higgins 
        pump or a dewatering pump of equivalent or greater 
        capacity.
          (5) Install in such vessels not fewer than 4 
        independently powered bilge alarms.
          (6) Conduct an in-water inspection of any such vessel 
        after each time a through-hull penetration of such 
        vessel has been removed or uncovered.
          (7) Verify through an in-water inspection the 
        watertight integrity of any such vessel at the outset 
        of each waterborne departure of such vessel.
          (8) Install underwater LED lights that activate 
        automatically in an emergency.
          (9) Otherwise comply with any other provisions of 
        relevant Coast Guard guidance or instructions in the 
        inspection, configuration, and operation of such 
        vessels.
  (g) Implementation.--The Commandant shall implement the 
interim requirements under subsection (f) without regard to 
chapters 5 and 6 of title 5, United States Code, and Executive 
Order Nos. 12866 and 13563 (5 U.S.C. 601 note).
  (h) [Definitions.--] Appropriate Congressional Committees 
Defined._[In this section:]
          [(1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees''] In this 
        section, the term ``appropriate congressional 
        committees'' means the Committee Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate.
          [(2) DUKW amphibious passenger vessel.--The term 
        ``DUKW amphibious passenger vessel'' means a vessel 
        that uses, modifies, or is derived from the GMC DUKW-
        353 design, and which is operating as a small passenger 
        vessel in waters subject to the jurisdiction of the 
        United States, as defined in section 2.38 of title 33, 
        Code of Federal Regulations (or a successor 
        regulation).]
  (i) Application.--This section shall apply to amphibious 
vessels operating as a small passenger vessel in waters subject 
to the jurisdiction of the United States, as such term is 
defined in section 2.38 of title 33, Code of Federal 
Regulations (as in effect on the date of enactment of the Coast 
Guard Authorization Act of 2023).
                              ----------                              


  WILLIAM M. (MAC) THORNBERRY NATIONAL DEFENSE AUTHORIZATION ACT FOR 
                            FISCAL YEAR 2021



           *       *       *       *       *       *       *
DIVISION G--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020

           *       *       *       *       *       *       *


TITLE LVXXXIII--MARITIME

           *       *       *       *       *       *       *


Subtitle B--Shipping

           *       *       *       *       *       *       *


SEC. 8313. NON-OPERATING INDIVIDUAL.

  (a) In General.--The Secretary of the department in which the 
Coast Guard is operating shall not enforce section 8701 of 
title 46, United States Code, with respect to the following:
          (1) A vessel with respect to individuals, other than 
        crew members required by the Certificate of Inspection 
        or to ensure the safe navigation of the vessel and not 
        a member of the steward's department, engaged on board 
        for the sole purpose of carrying out spill response 
        activities, salvage, marine firefighting, or commercial 
        diving business or functions from or on any vessel, 
        including marine firefighters, spill response 
        personnel, salvage personnel, and commercial divers and 
        diving support personnel.
          (2) An offshore supply vessel, an industrial vessel 
        (as such term is defined in section 90.10-16 of title 
        46, Code of Federal Regulations), or other similarly 
        engaged vessel with respect to persons engaged in the 
        business of the ship on board the vessel--
                  (A) for--
                          (i) supporting or executing the 
                        industrial business or function of the 
                        vessel;
                          (ii) brief periods to conduct surveys 
                        or investigations, assess crew 
                        competence, conduct vessel trials, 
                        provide extraordinary security 
                        resources, or similar tasks not 
                        traditionally performed by the vessel 
                        crew; or
                          (iii) performing maintenance tasks on 
                        equipment under warranty, or on 
                        equipment not owned by the vessel 
                        owner, or maintenance beyond the 
                        capability of the vessel crew to 
                        perform; and
                  (B) not the master or crew members required 
                by the certificate of inspection and not a 
                member of the steward's department.
  (b) Sunset.--The prohibition in subsection (a) shall 
terminate on January 1, [2025] 2027.
  (c) Report.--
          (1) In general.--Not later than 180 days after the 
        date of the enactment of this Act, the Commandant shall 
        submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report detailing recommendations to 
        ensure that personnel working on a vessel who perform 
        work or operate equipment on such vessel not related to 
        the operation of the vessel itself undergo a background 
        check and the appropriate training necessary to ensure 
        personnel safety and the safety of the vessel's crew.
          (2) Contents.--The report required under paragraph 
        (1) shall include, at a minimum, a discussion of--
                  (A) options and recommendations for ensuring 
                that the individuals covered by subsection (a) 
                are appropriately screened to mitigate security 
                and safety risks, including to detect substance 
                abuse;
                  (B) communication and collaboration between 
                the Coast Guard, the department in which the 
                Coast Guard is operating, and relevant 
                stakeholders regarding the development of 
                processes and requirements for conducting 
                background checks and ensuring such individuals 
                receive basic safety familiarization and basic 
                safety training approved by the Coast Guard;
                  (C) any identified legislative changes 
                necessary to implement effective training and 
                screening requirements for individuals covered 
                by subsection (a); and
                  (D) the timeline and milestones for 
                implementing such requirements.

           *       *       *       *       *       *       *

                              ----------                              


          FRANK LOBIONDO COAST GUARD AUTHORIZATION ACT OF 2018



           *       *       *       *       *       *       *
SEC. 2. TABLE OF CONTENTS.

  The table of contents of this Act is as follows:

Sec. 1. Short title.
     * * * * * * *

         TITLE I--REORGANIZATION OF TITLE 14, UNITED STATES CODE

     * * * * * * *

                TITLE IX--VESSEL INCIDENTAL DISCHARGE ACT

     * * * * * * *
Sec. 904. Information on type approval certificates.
     * * * * * * *

TITLE IX--VESSEL INCIDENTAL DISCHARGE ACT

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *

                              ----------                              


                  FEDERAL WATER POLLUTION CONTROL ACT



           *       *       *       *       *       *       *
TITLE III--STANDARDS AND ENFORCEMENT

           *       *       *       *       *       *       *


                 oil and hazardous substance liability

  Sec. 311. (a) For the purpose of this section, the term--
          (1) ``oil'' means oil of any kind or in any form, 
        including, but not limited to, petroleum, fuel oil, 
        sludge, oil refuse, and oil mixed with wastes other 
        than dredged spoil;
          (2) ``discharge'' includes, but is not limited to, 
        any spilling, leaking, pumping, pouring, emitting, 
        emptying or dumping, but excludes (A) discharges in 
        compliance with a permit under section 402 of this Act, 
        (B) discharges resulting from circumstances identified 
        and reviewed and made a part of the public record with 
        respect to a permit issued or modified under section 
        402 of this Act, and subject to a condition in such 
        permit, (C) continuous or anticipated intermittent 
        discharges from a point source, identified in a permit 
        or permit application under section 402 of this Act, 
        which are caused by events occurring within the scope 
        of relevant operating or treatment systems, and (D) 
        discharges incidental to mechanical removal authorized 
        by the President under subsection (c) of this section;
          (3) ``vessel'' means every description of watercraft 
        or other artificial contrivance used, or capable of 
        being used, as a means of transportation on water other 
        than a public vessel;
          (4) ``public vessel'' means a vessel owned or 
        bareboat-chartered and operated by the United States, 
        or by a State or political subdivision thereof, or by a 
        foreign nation, except when such vessel is engaged in 
        commerce;
          (5) ``United States'' means the States, the District 
        of Columbia, the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands, Guam, 
        American Samoa, the Virgin Islands, and the Trust 
        Territory of the Pacific Islands;
          (6) ``owner or operator'' means (A) in the case of a 
        vessel, any person owning, operating, or chartering by 
        demise, such vessel, and (B) in the case of an onshore 
        facility, and an offshore facility, any person owning 
        or operating such onshore facility or offshore 
        facility, and (C) in the case of any abandoned offshore 
        facility, the person who owned or operated such 
        facility immediately prior to such abandonment;
          (7) ``person'' includes an individual, firm, 
        corporation, association, and a partnership;
          (8) ``remove'' or ``removal'' refers to containment 
        and removal of the oil or hazardous substances from the 
        water and shorelines or the taking of such other 
        actions as may be necessary to prevent, minimize, or 
        mitigate damage to the public health or welfare, 
        including, but not limited to, fish, shellfish, 
        wildlife, and public and private property, shorelines, 
        and beaches;
          (9) ``contiguous zone'' means the entire zone 
        established or to be established by the United States 
        under article 24 of the Convention on the Territorial 
        Sea and the Contiguous Zone;
          (10) ``onshore facility'' means any facility 
        (including, but not limited to, motor vehicles and 
        rolling stock) of any kind located in, on, or under, 
        any land within the United States other than submerged 
        land;
          (11) ``offshore facility'' means any facility of any 
        kind located in, on, or under, any of the navigable 
        waters of the United States, any facility of any kind 
        which is subject to the jurisdiction of the United 
        States and is located in, on, or under any other 
        waters, other than a vessel or a public vessel, and, 
        for the purposes of applying subsections (b), (c), (e), 
        and (o), any foreign offshore unit (as defined in 
        section 1001 of the Oil Pollution Act) or any other 
        facility located seaward of the exclusive economic 
        zone;
          (12) ``act of God'' means an act occasioned by an 
        unanticipated grave natural disaster;
          (13) ``barrel'' means 42 United States gallons at 60 
        degrees Fahrenheit;
          (14) ``hazardous substance'' means any substance 
        designated pursuant to subsection (b)(2) of this 
        section;
          (15) ``inland oil barge'' means a non-self-propelled 
        vessel carrying oil in bulk as cargo and certificated 
        to operate only in the inland waters of the United 
        States, while operating in such waters;
          (16) ``inland waters of the United States'' means 
        those waters of the United States lying inside the 
        baseline from which the territorial sea is measured and 
        those waters outside such baseline which are a part of 
        the Gulf Intracoastal Waterway;
          (17) ``otherwise subject to the jurisdiction of the 
        United States'' means subject to the jurisdiction of 
        the United States by virtue of United States 
        citizenship, United States vessel documentation or 
        numbering, or as provided for by international 
        agreement to which the United States is a party;
          (18) ``Area Committee'' means an Area Committee 
        established under subsection (j);
          (19) ``Area Contingency Plan'' means an Area 
        Contingency Plan prepared under subsection (j);
          (20) ``Coast Guard District Response Group'' means a 
        Coast Guard District Response Group established under 
        subsection (j);
          (21) ``Federal On-Scene Coordinator'' means a Federal 
        On-Scene Coordinator designated in the National 
        Contingency Plan;
          (22) ``National Contingency Plan'' means the National 
        Contingency Plan prepared and published under 
        subsection (d);
          (23) ``National Response Unit'' means the National 
        Response Unit established under subsection (j);
          (24) ``worst case discharge'' means--
                  (A) in the case of a vessel, a discharge in 
                adverse weather conditions of its entire cargo; 
                and
                  (B) in the case of an offshore facility or 
                onshore facility, the largest foreseeable 
                discharge in adverse weather conditions;
          (25) ``removal costs'' means--
                  (A) the costs of removal of oil or a 
                hazardous substance that are incurred after it 
                is discharged; and
                  (B) in any case in which there is a 
                substantial threat of a discharge of oil or a 
                hazardous substance, the costs to prevent, 
                minimize, or mitigate that threat;
          (26) ``nontank vessel'' means a self-propelled vessel 
        that--
                  (A) is at least 400 gross tons as measured 
                under section 14302 of title 46, United States 
                Code, or, for vessels not measured under that 
                section, as measured under section 14502 of 
                that title;
                  (B) is not a tank vessel;
                  (C) carries oil of any kind as fuel for main 
                propulsion; and
                  (D) operates on the navigable waters of the 
                United States, as defined in section 2101(23) 
                of that title;
          (27) the term ``best available science'' means 
        science that--
                  (A) maximizes the quality, objectivity, and 
                integrity of information, including statistical 
                information;
                  (B) uses peer-reviewed and publicly available 
                data; and
                  (C) clearly documents and communicates risks 
                and uncertainties in the scientific basis for 
                such projects;
          (28) the term ``Chairperson'' means the Chairperson 
        of the Council;
          (29) the term ``coastal political subdivision'' means 
        any local political jurisdiction that is immediately 
        below the State level of government, including a 
        county, parish, or borough, with a coastline that is 
        contiguous with any portion of the United States Gulf 
        of Mexico;
          (30) the term ``Comprehensive Plan'' means the 
        comprehensive plan developed by the Council pursuant to 
        subsection (t);
          (31) the term ``Council'' means the Gulf Coast 
        Ecosystem Restoration Council established pursuant to 
        subsection (t);
          (32) the term ``Deepwater Horizon oil spill'' means 
        the blowout and explosion of the mobile offshore 
        drilling unit Deepwater Horizon that occurred on April 
        20, 2010, and resulting hydrocarbon releases into the 
        environment;
          (33) the term ``Gulf Coast region'' means--
                  (A) in the Gulf Coast States, the coastal 
                zones (as that term is defined in section 304 
                of the Coastal Zone Management Act of 1972 (16 
                U.S.C. 1453)), except that, in this section, 
                the term ``coastal zones'' includes land within 
                the coastal zones that is held in trust by, or 
                the use of which is by law subject solely to 
                the discretion of, the Federal Government or 
                officers or agents of the Federal Government)) 
                that border the Gulf of Mexico;
                  (B) any adjacent land, water, and watersheds, 
                that are within 25 miles of the coastal zones 
                described in subparagraph (A) of the Gulf Coast 
                States; and
                  (C) all Federal waters in the Gulf of Mexico;
          (34) the term ``Gulf Coast State'' means any of the 
        States of Alabama, Florida, Louisiana, Mississippi, and 
        Texas; and
          (35) the term ``Trust Fund'' means the Gulf Coast 
        Restoration Trust Fund established pursuant to section 
        1602 of the Resources and Ecosystems Sustainability, 
        Tourist Opportunities, and Revived Economies of the 
        Gulf Coast States Act of 2012.
  (b)(1) The Congress hereby declares that it is the policy of 
the United States that there should be no discharges of oil or 
hazardous substances into or upon the navigable waters of the 
United States, adjoining shorelines, or into or upon the waters 
of the contiguous zone, or in connection with activities under 
the Outer Continental Shelf Lands Act or the Deepwater Port Act 
of 1974, or which may affect natural resources belonging to, 
appertaining to, or under the exclusive management authority of 
the United States (including resources under the Fishery 
Conservation and Management Act of 1976).
  (2)(A) The Administrator shall develop, promulgate, and 
revise as may be appropriate, regulations designating as 
hazardous substances, other than oil as defined in this 
section, such elements and compounds which, when discharged in 
any quantity into or upon the navigable waters of the United 
States or adjoining shorelines or the waters of the contiguous 
zone or in connection with activities under the Outer 
Continental Shelf Lands Act or the Deepwater Port Act of 1974, 
or which may affect natural resources belonging to, 
appertaining to, or under the exclusive management authority of 
the United States (including resources under the Fishery 
Conservation and Management Act of 1976), present an imminent 
and substantial danger to the public health or welfare, 
including, but not limited to, fish, shellfish, wildlife, 
shorelines, and beaches.
  (B) The Administrator shall within 18 months after the date 
of enactment of this paragraph, conduct a study and report to 
the Congress on methods, mechanisms, and procedures to create 
incentives to achieve a higher standard of care in all aspects 
of the management and movement of hazardous substances on the 
part of owners, operators, or persons in charge of onshore 
facilities, offshore facilities, or vessels. The Administrator 
shall include in such study (1) limits of liability, (2) 
liability for third party damages, (3) penalties and fees, (4) 
spill prevention plans, (5) current practices in the insurance 
and banking industries, and (6) whether the penalty enacted in 
subclause (bb) of clause (iii) of subparagraph (B) of 
subsection (b)(2) of section 311 of Public Law 92-500 should be 
enacted.
  (3) The discharge of oil or hazardous substances (i) into or 
upon the navigable waters of the United States, adjoining 
shorelines, or into or upon the waters of the contiguous zone, 
or (ii) in connection with activities under the Outer 
Continental Shelf Lands Act or the Deepwater Port Act of 1974, 
or which may affect natural resources belonging to, 
appertaining to, or under the exclusive management authority of 
the United States (including resources under the Fishery 
Conservation and Management Act of 1976), in such quantities as 
may be harmful as determined by the President under paragraph 
(4) of this subsection, is prohibited, except (A) in the case 
of such discharges into the waters of the contiguous zone or 
which may affect natural resources belonging to, appertaining 
to, or under the exclusive management authority of the United 
States (including resources under the Fishery Conservation and 
Management Act of 1976), where permitted under the Protocol of 
1978 Relating to the International Convention for the 
Prevention of Pollution from Ships, 1973, and (B) where 
permitted in quantities and at times and locations or under 
such circumstances or conditions as the President may, by 
regulation, determine not to be harmful. Any regulations issued 
under this subsection shall be consistent with maritime safety 
and with marine and navigation laws and regulations and 
applicable water quality standards.
  (4) The President shall by regulation determine for the 
purposes of this section those quantities of oil and any 
hazardous substances the discharge of which may be harmful to 
the public health or welfare or the environment of the United 
States, including but not limited to fish, shellfish, wildlife, 
and public and private property, shorelines, and beaches.
  (5) Any person in charge of a vessel or of an onshore 
facility or an offshore facility shall, as soon as he has 
knowledge of any discharge of oil or a hazardous substance from 
such vessel or facility in violation of paragraph (3) of this 
subsection, immediately notify the appropriate agency of the 
United States Government of such discharge. The Federal agency 
shall immediately notify the appropriate State agency of any 
State which is, or may reasonably be expected to be, affected 
by the discharge of oil or a hazardous substance. Any such 
person (A) in charge of a vessel from which oil or a hazardous 
substance is discharged in violation of paragraph (3)(i) of 
this subsection, or (B) in charge of a vessel from which oil or 
a hazardous substance is discharged in violation of paragraph 
(3)(ii) of this subsection and who is otherwise subject to the 
jurisdiction of the United States at the time of the discharge, 
or (C) in charge of an onshore facility or an offshore 
facility, who fails to notify immediately such agency of such 
discharge shall, upon conviction, be fined in accordance with 
title 18, United States Code, or imprisoned for not more than 5 
years, or both. Notification received pursuant to this 
paragraph shall not be used against any such natural person in 
any criminal case, except a prosecution for perjury or for 
giving a false statement.
          (6) Administrative penalties.--
                  (A) Violations.--Any owner, operator, or 
                person in charge of any vessel, onshore 
                facility, or offshore facility--
                          (i) from which oil or a hazardous 
                        substance is discharged in violation of 
                        paragraph (3), or
                          (ii) who fails or refuses to comply 
                        with any regulation issued under 
                        subsection (j) to which that owner, 
                        operator, or person in charge is 
                        subject,
                may be assessed a class I or class II civil 
                penalty by the Secretary of the department in 
                which the Coast Guard is operating, the 
                Secretary of Transportation, or the 
                Administrator.
                  (B) Classes of penalties.--
                          (i) Class i.--The amount of a class I 
                        civil penalty under subparagraph (A) 
                        may not exceed $10,000 per violation, 
                        except that the maximum amount of any 
                        class I civil penalty under this 
                        subparagraph shall not exceed $25,000. 
                        Before assessing a civil penalty under 
                        this clause, the Administrator or 
                        Secretary, as the case may be, shall 
                        give to the person to be assessed such 
                        penalty written notice of the 
                        Administrator's or Secretary's proposal 
                        to assess the penalty and the 
                        opportunity to request, within 30 days 
                        of the date the notice is received by 
                        such person, a hearing on the proposed 
                        penalty. Such hearing shall not be 
                        subject to section 554 or 556 of title 
                        5, United States Code, but shall 
                        provide a reasonable opportunity to be 
                        heard and to present evidence.
                          (ii) Class ii.--The amount of a class 
                        II civil penalty under subparagraph (A) 
                        may not exceed $10,000 per day for each 
                        day during which the violation 
                        continues; except that the maximum 
                        amount of any class II civil penalty 
                        under this subparagraph shall not 
                        exceed $125,000. Except as otherwise 
                        provided in this subsection, a class II 
                        civil penalty shall be assessed and 
                        collected in the same manner, and 
                        subject to the same provisions, as in 
                        the case of civil penalties assessed 
                        and collected after notice and 
                        opportunity for a hearing on the record 
                        in accordance with section 554 of title 
                        5, United States Code. The 
                        Administrator and Secretary may issue 
                        rules for discovery procedures for 
                        hearings under this paragraph.
                  (C) Rights of interested persons.--
                          (i) Public notice.--Before issuing an 
                        order assessing a class II civil 
                        penalty under this paragraph the 
                        Administrator or Secretary, as the case 
                        may be, shall provide public notice of 
                        and reasonable opportunity to comment 
                        on the proposed issuance of such order.
                          (ii) Presentation of evidence.--Any 
                        person who comments on a proposed 
                        assessment of a class II civil penalty 
                        under this paragraph shall be given 
                        notice of any hearing held under this 
                        paragraph and of the order assessing 
                        such penalty. In any hearing held under 
                        this paragraph, such person shall have 
                        a reasonable opportunity to be heard 
                        and to present evidence.
                          (iii) Rights of interested persons to 
                        a hearing.--If no hearing is held under 
                        subparagraph (B) before issuance of an 
                        order assessing a class II civil 
                        penalty under this paragraph, any 
                        person who commented on the proposed 
                        assessment may petition, within 30 days 
                        after the issuance of such order, the 
                        Administrator or Secretary, as the case 
                        may be, to set aside such order and to 
                        provide a hearing on the penalty. If 
                        the evidence presented by the 
                        petitioner in support of the petition 
                        is material and was not considered in 
                        the issuance of the order, the 
                        Administrator or Secretary shall 
                        immediately set aside such order and 
                        provide a hearing in accordance with 
                        subparagraph (B)(ii). If the 
                        Administrator or Secretary denies a 
                        hearing under this clause, the 
                        Administrator or Secretary shall 
                        provide to the petitioner, and publish 
                        in the Federal Register, notice of and 
                        the reasons for such denial.
                  (D) Finality of order.--An order assessing a 
                class II civil penalty under this paragraph 
                shall become final 30 days after its issuance 
                unless a petition for judicial review is filed 
                under subparagraph (G) or a hearing is 
                requested under subparagraph (C)(iii). If such 
                a hearing is denied, such order shall become 
                final 30 days after such denial.
                  (E) Effect of order.--Action taken by the 
                Administrator or Secretary, as the case may be, 
                under this paragraph shall not affect or limit 
                the Administrator's or Secretary's authority to 
                enforce any provision of this Act; except that 
                any violation--
                          (i) with respect to which the 
                        Administrator or Secretary has 
                        commenced and is diligently prosecuting 
                        an action to assess a class II civil 
                        penalty under this paragraph, or
                          (ii) for which the Administrator or 
                        Secretary has issued a final order 
                        assessing a class II civil penalty not 
                        subject to further judicial review and 
                        the violator has paid a penalty 
                        assessed under this paragraph,
                shall not be the subject of a civil penalty 
                action under section 309(d), 309(g), or 505 of 
                this Act or under paragraph (7).
                  (F) Effect of action on compliance.--No 
                action by the Administrator or Secretary under 
                this paragraph shall affect any person's 
                obligation to comply with any section of this 
                Act.
                  (G) Judicial review.--Any person against whom 
                a civil penalty is assessed under this 
                paragraph or who commented on the proposed 
                assessment of such penalty in accordance with 
                subparagraph (C) may obtain review of such 
                assessment--
                          (i) in the case of assessment of a 
                        class I civil penalty, in the United 
                        States District Court for the District 
                        of Columbia or in the district in which 
                        the violation is alleged to have 
                        occurred, or
                          (ii) in the case of assessment of a 
                        class II civil penalty, in United 
                        States Court of Appeals for the 
                        District of Columbia Circuit or for any 
                        other circuit in which such person 
                        resides or transacts business,
                by filing a notice of appeal in such court 
                within the 30-day period beginning on the date 
                the civil penalty order is issued and by 
                simultaneously sending a copy of such notice by 
                certified mail to the Administrator or 
                Secretary, as the case may be, and the Attorney 
                General. The Administrator or Secretary shall 
                promptly file in such court a certified copy of 
                the record on which the order was issued. Such 
                court shall not set aside or remand such order 
                unless there is not substantial evidence in the 
                record, taken as a whole, to support the 
                finding of a violation or unless the 
                Administrator's or Secretary's assessment of 
                the penalty constitutes an abuse of discretion 
                and shall not impose additional civil penalties 
                for the same violation unless the 
                Administrator's or Secretary's assessment of 
                the penalty constitutes an abuse of discretion.
                  (H) Collection.--If any person fails to pay 
                an assessment of a civil penalty--
                          (i) after the assessment has become 
                        final, or
                          (ii) after a court in an action 
                        brought under subparagraph (G) has 
                        entered a final judgment in favor of 
                        the Administrator or Secretary, as the 
                        case may be,
                the Administrator or Secretary shall request 
                the Attorney General to bring a civil action in 
                an appropriate district court to recover the 
                amount assessed (plus interest at currently 
                prevailing rates from the date of the final 
                order or the date of the final judgment, as the 
                case may be). In such an action, the validity, 
                amount, and appropriateness of such penalty 
                shall not be subject to review. Any person who 
                fails to pay on a timely basis the amount of an 
                assessment of a civil penalty as described in 
                the first sentence of this subparagraph shall 
                be required to pay, in addition to such amount 
                and interest, attorneys fees and costs for 
                collection proceedings and a quarterly 
                nonpayment penalty for each quarter during 
                which such failure to pay persists. Such 
                nonpayment penalty shall be in an amount equal 
                to 20 percent of the aggregate amount of such 
                person's penalties and nonpayment penalties 
                which are unpaid as of the beginning of such 
                quarter.
                  (I) Subpoenas.--The Administrator or 
                Secretary, as the case may be, may issue 
                subpoenas for the attendance and testimony of 
                witnesses and the production of relevant 
                papers, books, or documents in connection with 
                hearings under this paragraph. In case of 
                contumacy or refusal to obey a subpoena issued 
                pursuant to this subparagraph and served upon 
                any person, the district court of the United 
                States for any district in which such person is 
                found, resides, or transacts business, upon 
                application by the United States and after 
                notice to such person, shall have jurisdiction 
                to issue an order requiring such person to 
                appear and give testimony before the 
                administrative law judge or to appear and 
                produce documents before the administrative law 
                judge, or both, and any failure to obey such 
                order of the court may be punished by such 
                court as a contempt thereof.
          (7) Civil penalty action.--
                  (A) Discharge, generally.--Any person who is 
                the owner, operator, or person in charge of any 
                vessel, onshore facility, or offshore facility 
                from which oil or a hazardous substance is 
                discharged in violation of paragraph (3), shall 
                be subject to a civil penalty in an amount up 
                to $25,000 per day of violation or an amount up 
                to $1,000 per barrel of oil or unit of 
                reportable quantity of hazardous substances 
                discharged.
                  (B) Failure to remove or comply.--Any person 
                described in subparagraph (A) who, without 
                sufficient cause--
                          (i) fails to properly carry out 
                        removal of the discharge under an order 
                        of the President pursuant to subsection 
                        (c); or
                          (ii) fails to comply with an order 
                        pursuant to subsection (e)(1)(B);
                shall be subject to a civil penalty in an 
                amount up to $25,000 per day of violation or an 
                amount up to 3 times the costs incurred by the 
                Oil Spill Liability Trust Fund as a result of 
                such failure.
                  (C) Failure to comply with regulation.--Any 
                person who fails or refuses to comply with any 
                regulation issued under subsection (j) shall be 
                subject to a civil penalty in an amount up to 
                $25,000 per day of violation.
                  (D) Gross negligence.--In any case in which a 
                violation of paragraph (3) was the result of 
                gross negligence or willful misconduct of a 
                person described in subparagraph (A), the 
                person shall be subject to a civil penalty of 
                not less than $100,000, and not more than 
                $3,000 per barrel of oil or unit of reportable 
                quantity of hazardous substance discharged.
                  (E) Jurisdiction.--An action to impose a 
                civil penalty under this paragraph may be 
                brought in the district court of the United 
                States for the district in which the defendant 
                is located, resides, or is doing business, and 
                such court shall have jurisdiction to assess 
                such penalty.
                  (F) Limitation.--A person is not liable for a 
                civil penalty under this paragraph for a 
                discharge if the person has been assessed a 
                civil penalty under paragraph (6) for the 
                discharge.
          (8) Determination of amount.--In determining the 
        amount of a civil penalty under paragraphs (6) and (7), 
        the Administrator, Secretary, or the court, as the case 
        may be, shall consider the seriousness of the violation 
        or violations, the economic benefit to the violator, if 
        any, resulting from the violation, the degree of 
        culpability involved, any other penalty for the same 
        incident, any history of prior violations, the nature, 
        extent, and degree of success of any efforts of the 
        violator to minimize or mitigate the effects of the 
        discharge, the economic impact of the penalty on the 
        violator, and any other matters as justice may require.
          (9) Mitigation of damage.--In addition to 
        establishing a penalty for the discharge of oil or a 
        hazardous substance, the Administrator or the Secretary 
        of the department in which the Coast Guard is operating 
        may act to mitigate the damage to the public health or 
        welfare caused by such discharge. The cost of such 
        mitigation shall be deemed a cost incurred under 
        subsection (c) of this section for the removal of such 
        substance by the United States Government.
          (10) Recovery of removal costs.--Any costs of removal 
        incurred in connection with a discharge excluded by 
        subsection (a)(2)(C) of this section shall be 
        recoverable from the owner or operator of the source of 
        the discharge in an action brought under section 309(b) 
        of this Act.
          (11) Limitation.--Civil penalties shall not be 
        assessed under both this section and section 309 for 
        the same discharge.
  (12) Withholding Clearance.--If any owner, operator, or 
person in charge of a vessel is liable for a civil penalty 
under this subsection, or if reasonable cause exists to believe 
that the owner, operator, or person in charge may be subject to 
a civil penalty under this subsection, the Secretary of the 
Treasury, upon the request of the Secretary of the department 
in which the Coast Guard is operating or the Administrator, 
shall with respect to such vessel refuse or revoke--
          (A) the clearance required by section 4197 of the 
        Revised Statutes of the United States (46 U.S.C. App. 
        91);
          (B) a permit to proceed under section 4367 of the 
        Revised Statutes of the United States (46 U.S.C. App. 
        313); and
          (C) a permit to depart required under section 443 of 
        the Tariff Act of 1930 (19 U.S.C. 1443);
as applicable. Clearance or a permit refused or revoked under 
this paragraph may be granted upon the filing of a bond or 
other surety satisfactory to the Secretary of the department in 
which the Coast Guard is operating or the Administrator.
  (c) Federal Removal Authority.--
          (1) General removal requirement.--(A) The President 
        shall, in accordance with the National Contingency Plan 
        and any appropriate Area Contingency Plan, ensure 
        effective and immediate removal of a discharge, and 
        mitigation or prevention of a substantial threat of a 
        discharge, of oil or a hazardous substance--
                  (i) into or on the navigable waters;
                  (ii) on the adjoining shorelines to the 
                navigable waters;
                  (iii) into or on the waters of the exclusive 
                economic zone; or
                  (iv) that may affect natural resources 
                belonging to, appertaining to, or under the 
                exclusive management authority of the United 
                States.
          (B) In carrying out this paragraph, the President 
        may--
                  (i) remove or arrange for the removal of a 
                discharge, and mitigate or prevent a 
                substantial threat of a discharge, at any time;
                  (ii) direct or monitor all Federal, State, 
                and private actions to remove a discharge; and
                  (iii) remove and, if necessary, destroy a 
                vessel discharging, or threatening to 
                discharge, by whatever means are available.
          (2) Discharge posing substantial threat to public 
        health or welfare.--(A) If a discharge, or a 
        substantial threat of a discharge, of oil or a 
        hazardous substance from a vessel, offshore facility, 
        or onshore facility is of such a size or character as 
        to be a substantial threat to the public health or 
        welfare of the United States (including but not limited 
        to fish, shellfish, wildlife, other natural resources, 
        and the public and private beaches and shorelines of 
        the United States), the President shall direct all 
        Federal, State, and private actions to remove the 
        discharge or to mitigate or prevent the threat of the 
        discharge.
          (B) In carrying out this paragraph, the President 
        may, without regard to any other provision of law 
        governing contracting procedures or employment of 
        personnel by the Federal Government--
                  (i) remove or arrange for the removal of the 
                discharge, or mitigate or prevent the 
                substantial threat of the discharge; and
                  (ii) remove and, if necessary, destroy a 
                vessel discharging, or threatening to 
                discharge, by whatever means are available.
          (3) Actions in accordance with national contingency 
        plan.--(A) Each Federal agency, State, owner or 
        operator, or other person participating in efforts 
        under this subsection shall act in accordance with the 
        National Contingency Plan or as directed by the 
        President.
          (B) An owner or operator participating in efforts 
        under this subsection shall act in accordance with the 
        National Contingency Plan and the applicable response 
        plan required under subsection (j), or as directed by 
        the President, except that the owner or operator may 
        deviate from the applicable response plan if the 
        President or the Federal On-Scene Coordinator 
        determines that deviation from the response plan would 
        provide for a more expeditious or effective response to 
        the spill or mitigation of its environmental effects.
          (C) In any case in which the President or the Federal 
        On-Scene Coordinator authorizes a deviation from the 
        salvor as part of a deviation under subparagraph (B) 
        from the applicable response plan required under 
        subsection (j), the Commandant of the Coast Guard 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 describing the deviation and the 
        reasons for such deviation not less than 3 days after 
        such deviation is authorized.
          (4) Exemption from liability.--(A) A person is not 
        liable for removal costs or damages which result from 
        actions taken or omitted to be taken in the course of 
        rendering care, assistance, or advice consistent with 
        the National Contingency Plan or as otherwise directed 
        by the President relating to a discharge or a 
        substantial threat of a discharge of oil or a hazardous 
        substance.
          (B) Subparagraph (A) does not apply--
                  (i) to a responsible party;
                  (ii) to a response under the Comprehensive 
                Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9601 et seq.);
                  (iii) with respect to personal injury or 
                wrongful death; or
                  (iv) if the person is grossly negligent or 
                engages in willful misconduct.
          (C) A responsible party is liable for any removal 
        costs and damages that another person is relieved of 
        under subparagraph (A).
          (5) Obligation and liability of owner or operator not 
        affected.--Nothing in this subsection affects--
                  (A) the obligation of an owner or operator to 
                respond immediately to a discharge, or the 
                threat of a discharge, of oil; or
                  (B) the liability of a responsible party 
                under the Oil Pollution Act of 1990.
          (6) Responsible party defined.--For purposes of this 
        subsection, the term ``responsible party'' has the 
        meaning given that term under section 1001 of the Oil 
        Pollution Act of 1990.
  (d) National Contingency Plan.--
          (1) Preparation by president.--The President shall 
        prepare and publish a National Contingency Plan for 
        removal of oil and hazardous substances pursuant to 
        this section.
          (2) Contents.--The National Contingency Plan shall 
        provide for efficient, coordinated, and effective 
        action to minimize damage from oil and hazardous 
        substance discharges, including containment, dispersal, 
        and removal of oil and hazardous substances, and shall 
        include, but not be limited to, the following:
                  (A) Assignment of duties and responsibilities 
                among Federal departments and agencies in 
                coordination with State and local agencies and 
                port authorities including, but not limited to, 
                water pollution control and conservation and 
                trusteeship of natural resources (including 
                conservation of fish and wildlife).
                  (B) Identification, procurement, maintenance, 
                and storage of equipment and supplies.
                  (C) Establishment or designation of Coast 
                Guard strike teams, consisting of--
                          (i) personnel who shall be trained, 
                        prepared, and available to provide 
                        necessary services to carry out the 
                        National Contingency Plan;
                          (ii) adequate oil and hazardous 
                        substance pollution control equipment 
                        and material; and
                          (iii) a detailed oil and hazardous 
                        substance pollution and prevention 
                        plan, including measures to protect 
                        fisheries and wildlife.
                  (D) A system of surveillance and notice 
                designed to safeguard against as well as ensure 
                earliest possible notice of discharges of oil 
                and hazardous substances and imminent threats 
                of such discharges to the appropriate State and 
                Federal agencies.
                  (E) Establishment of a national center to 
                provide coordination and direction for 
                operations in carrying out the Plan.
                  (F) Procedures and techniques to be employed 
                in identifying, containing, dispersing, and 
                removing oil and hazardous substances.
                  (G) A schedule, prepared in cooperation with 
                the States, identifying--
                          (i) dispersants, other chemicals, and 
                        other spill mitigating devices and 
                        substances, if any, that may be used in 
                        carrying out the Plan,
                          (ii) the waters in which such 
                        dispersants, other chemicals, and other 
                        spill mitigating devices and substances 
                        may be used, and
                          (iii) the quantities of such 
                        dispersant, other chemicals, or other 
                        spill mitigating device or substance 
                        which can be used safely in such 
                        waters,
                which schedule shall provide in the case of any 
                dispersant, chemical, spill mitigating device 
                or substance, or waters not specifically 
                identified in such schedule that the President, 
                or his delegate, may, on a case-by-case basis, 
                identify the dispersants, other chemicals, and 
                other spill mitigating devices and substances 
                which may be used, the waters in which they may 
                be used, and the quantities which can be used 
                safely in such waters.
                  (H) A system whereby the State or States 
                affected by a discharge of oil or hazardous 
                substance may act where necessary to remove 
                such discharge and such State or States may be 
                reimbursed in accordance with the Oil Pollution 
                Act of 1990, in the case of any discharge of 
                oil from a vessel or facility, for the 
                reasonable costs incurred for that removal, 
                from the Oil Spill Liability Trust Fund.
                  (I) Establishment of criteria and procedures 
                to ensure immediate and effective Federal 
                identification of, and response to, a 
                discharge, or the threat of a discharge, that 
                results in a substantial threat to the public 
                health or welfare of the United States, as 
                required under subsection (c)(2).
                  (J) Establishment of procedures and standards 
                for removing a worst case discharge of oil, and 
                for mitigating or preventing a substantial 
                threat of such a discharge.
                  (K) Designation of the Federal official who 
                shall be the Federal On-Scene Coordinator for 
                each area for which an Area Contingency Plan is 
                required to be prepared under subsection (j).
                  (L) Establishment of procedures for the 
                coordination of activities of--
                          (i) Coast Guard strike teams 
                        established under subparagraph (C);
                          (ii) Federal On-Scene Coordinators 
                        designated under subparagraph (K);
                          (iii) District Response Groups 
                        established under subsection (j); and
                          (iv) Area Committees established 
                        under subsection (j).
                  (M) A fish and wildlife response plan, 
                developed in consultation with the United 
                States Fish and Wildlife Service, the National 
                Oceanic and Atmospheric Administration, and 
                other interested parties (including State fish 
                and wildlife conservation officials), for the 
                immediate and effective protection, rescue, and 
                rehabilitation of, and the minimization of risk 
                of damage to, fish and wildlife resources and 
                their habitat that are harmed or that may be 
                jeopardized by a discharge.
          (3) Revisions and amendments.--The President may, 
        from time to time, as the President deems advisable, 
        revise or otherwise amend the National Contingency 
        Plan.
          (4) Actions in accordance with national contingency 
        plan.--After publication of the National Contingency 
        Plan, the removal of oil and hazardous substances and 
        actions to minimize damage from oil and hazardous 
        substance discharges shall, to the greatest extent 
        possible, be in accordance with the National 
        Contingency Plan.
  (e) Civil Enforcement.--
          (1) Orders protecting public health.--In addition to 
        any action taken by a State or local government, when 
        the President determines that there may be an imminent 
        and substantial threat to the public health or welfare 
        of the United States, including fish, shellfish, and 
        wildlife, public and private property, shorelines, 
        beaches, habitat, and other living and nonliving 
        natural resources under the jurisdiction or control of 
        the United States, because of an actual or threatened 
        discharge of oil or a hazardous substance from a vessel 
        or facility in violation of subsection (b), the 
        President may--
                  (A) require the Attorney General to secure 
                any relief from any person, including the owner 
                or operator of the vessel or facility, as may 
                be necessary to abate such endangerment; or
                  (B) after notice to the affected State, take 
                any other action under this section, including 
                issuing administrative orders, that may be 
                necessary to protect the public health and 
                welfare.
          (2) Jurisdiction of district courts.--The district 
        courts of the United States shall have jurisdiction to 
        grant any relief under this subsection that the public 
        interest and the equities of the case may require.
  (f)(1) Except where an owner or operator can prove that a 
discharge was caused solely by (A) an act of God, (B) an act of 
war, (C) negligence on the part of the United States 
Government, or (D) an act or omission of a third party without 
regard to whether any such act or omission was or was not 
negligent, or any combination of the foregoing clauses, such 
owner or operator of any vessel from which oil or a hazardous 
substance is discharged in violation of subsection (b)(3) of 
this section shall, notwithstanding any other provision of law, 
be liable to the United States Government for the actual costs 
incurred under subsection (c) for the removal of such oil or 
substance by the United States Government in an amount not to 
exceed, in the case of an inland oil barge $125 per gross ton 
of such barge, or $125,000, whichever is greater, and in the 
case of any other vessel, $150 per gross ton of such vessel 
(or, for a vessel carrying oil or hazardous substances as 
cargo, $250,000), whichever is greater, except that where the 
United States can show that such discharge was the result of 
willful negligence or willful misconduct within the privity and 
knowledge of the owner, such owner or operator shall be liable 
to the United States Government for the full amount of such 
costs. Such costs shall constitute a maritime lien on such 
vessel which may be recovered in an action in rem in the 
district court of the United States for any district within 
which any vessel may be found. The United States may also bring 
an action against the owner or operator of such vessel in any 
court of competent jurisdiction to recover such costs.
  (2) Except where an owner or operator of an onshore facility 
can prove that a discharge was caused solely by (A) an act of 
God, (B) an act of war, (C) negligence on the part of the 
United States Government, or (D) an act or omission of a third 
party without regard to whether any such act or omission was or 
was not negligent, or any combination of the foregoing clauses, 
such owner or operator of any such facility from which oil or a 
hazardous substance is discharged in violation of subsection 
(b)(3) of this section shall be liable to the United States 
Government for the actual costs incurred under subsection (c) 
for the removal of such oil or substance by the United States 
Government in an amount not to exceed $50,000,000, except that 
where the United States can show that such discharge was the 
result of willful negligence or willful misconduct within the 
privity and knowledge of the owner, such owner or operator 
shall be liable to the United States Government for the full 
amount of such costs. The United States may bring an action 
against the owner or operator of such facility in any court of 
competent jurisdiction to recover such costs. The Administrator 
is authorized, by regulation, after consultation with the 
Secretary of Commerce and the Small Business Administration, to 
establish reasonable and equitable classifications, of those 
onshore facilities having a total fixed storage capacity of 
1,000 barrels or less which he determines because of size, 
type, and location do not present a substantial risk of the 
discharge of oil or hazardous substance in violation of 
subsection (b)(3) of this section, and apply with respect to 
such classifications differing limits of liability which may be 
less than the amount contained in this paragraph.
  (3) Except where an owner or operator of an offshore facility 
can prove that a discharge was caused solely by (A) an act of 
God, (B) an act of war, (C) negligence on the part of the 
United States Government, or (D) an act or omission of a third 
party without regard to whether any such act or omission was or 
was not negligent, or any combination of the foregoing clauses, 
such owner or operator of any such facility from which oil or a 
hazardous substance is discharged in violation of subsection 
(b)(3) of this section shall, notwithstanding any other 
provision of law, be liable to the United States Government for 
the actual costs incurred under subsection (c) for the removal 
of such oil or substance by the United States Government in an 
amount not to exceed $50,000,000, except that where the United 
States can show that such discharge was the result of willful 
negligence or willful misconduct within the privity and 
knowledge of the owner, such owner or operator shall be liable 
to the United States Government for the full amount of such 
costs. The United States may bring an action against the owner 
or operator of such a facility in any court of competent 
jurisdiction to recover such costs.
  (4) The costs of removal of oil or a hazardous substance for 
which the owner or operator of a vessel or onshore or offshore 
facility is liable under subsection (f) of this section shall 
include any costs or expenses incurred by the Federal 
Government or any State government in the restoration or 
replacement of natural resources damaged or destroyed as a 
result of a discharge of oil or a hazardous substance in 
violation of subsection (b) of this section.
  (5) The President, or the authorized representative of any 
State, shall act on behalf of the public as trustee of the 
natural resources to recover for the costs of replacing or 
restoring such resources. Sums recovered shall be used to 
restore, rehabilitate, or acquire the equivalent of such 
natural resources by the appropriate agencies of the Federal 
Government, or the State government.
  (g) Where the owner or operator of a vessel (other than an 
inland oil barge) carrying oil or hazardous substances as cargo 
or an onshore or offshore facility which handles or stores oil 
or hazardous substances in bulk, from which oil or a hazardous 
substance is discharged in violation of subsection (b) of this 
section, alleges that such discharge was caused solely by an 
act or omission of a third party, such owner or operator shall 
pay to the United States Government the actual costs incurred 
under subsection (c) for removal of such oil or substance and 
shall be entitled by subrogation to all rights of the United 
States Government to recover such costs from such third party 
under this subsection. In any case where an owner or operator 
of a vessel, of an onshore facility, or of an offshore 
facility, from which oil or a hazardous substance is discharged 
in violation of subsection (b)(3) of this section, proves that 
such discharge of oil or hazardous substance was caused solely 
by an act or omission of a third party, or was caused solely by 
such an act or omission in combination with an act of God, an 
act of war, or negligence on the part of the United States 
Government, such third party shall, not withstanding any other 
provision of law, be liable to the United States Government for 
the actual costs incurred under subsection (c) for removal of 
such oil or substance by the United States Government, except 
where such third party can prove that such discharge was caused 
solely by (A) an act of God, (B) an act of war, (C) negligence 
on the part of the United States Government, or (D) an act or 
omission of another party without regard to whether such act or 
omission was or was not negligent, or any combination of the 
foregoing clauses. If such third party was the owner or 
operator of a vessel which caused the discharge of oil or a 
hazardous substance in violation of subsection (b)(3) of this 
section, the liability of such third party under this 
subsection shall not exceed, in the case of an inland oil barge 
$125 per gross ton of such barge, $125,000, whichever is 
greater, and in the case of any other vessel, $150 per gross 
ton of such vessel (or, for a vessel carrying oil or hazardous 
substances as cargo, $250,000), whichever is greater. In any 
other case the liability of such third party shall not exceed 
the limitation which would have been applicable to the owner or 
operator of the vessel or the onshore or offshore facility from 
which the discharge actually occurred if such owner or operator 
were liable. If the United States can show that the discharge 
of oil or a hazardous substance in violation of subsection 
(b)(3) of this section was the result of willful negligence or 
willful misconduct within the privity and knowledge of such 
third party, such third party shall be liable to the United 
States Government for the full amount of such removal costs. 
The United States may bring an action against the third party 
in any court of competent jurisdiction to recover such removal 
costs.
  (h) The liabilities established by this section shall in no 
way affect any rights which (1) the owner or operator of a 
vessel or of an onshore facility or an offshore facility may 
have against any third party whose acts may in any way have 
caused or contributed to such discharge, or (2) The United 
States Government may have against any third party whose 
actions may in any way have caused or contributed to the 
discharge of oil or hazardous substance.
  (i) In any case where an owner or operator of a vessel or an 
onshore facility or an offshore facility from which oil or a 
hazardous substance is discharged in violation of subsection 
(b)(3) of this section acts to remove such oil or substance in 
accordance with regulations promulgated pursuant to this 
section, such owner or operator shall be entitled to recover 
the reasonable costs incurred in such removal upon 
establishing, in a suit which may be brought against the United 
States Government in the United States Claims Court, that such 
discharge was caused solely by (A) an act of God, (B) an act of 
war, (C) negligence on the part of the United States 
Government, or (D) an act or omission of a third party without 
regard to whether such act or omission was or was not 
negligent, or of any combination of the foregoing clauses.
  (j) National Response System.--
          (1) In general.--Consistent with the National 
        Contingency Plan required by subsection (c)(2) of this 
        section, as soon as practicable after the effective 
        date of this section, and from time to time thereafter, 
        the President shall issue regulations consistent with 
        maritime safety and with marine and navigation laws (A) 
        establishing methods and procedures for removal of 
        discharged oil and hazardous substances, (B) 
        establishing criteria for the development and 
        implementation of local and regional oil and hazardous 
        substance removal contingency plans, (C) establishing 
        procedures, methods, and equipment and other 
        requirements for equipment to prevent discharges of oil 
        and hazardous substances from vessels and from onshore 
        facilities and offshore facilities, and to contain such 
        discharges, and (D) governing the inspection of vessels 
        carrying cargoes of oil and hazardous substances and 
        the inspection of such cargoes in order to reduce the 
        likelihood of discharges of oil from vessels in 
        violation of this section.
          (2) National response unit.--The Secretary of the 
        department in which the Coast Guard is operating shall 
        establish a National Response Unit at Elizabeth City, 
        North Carolina. The Secretary, acting through the 
        National Response Unit--
                  (A) shall compile and maintain a 
                comprehensive computer list of spill removal 
                resources, personnel, and equipment that is 
                available worldwide and within the areas 
                designated by the President pursuant to 
                paragraph (4), and of information regarding 
                previous spills, including data from 
                universities, research institutions, State 
                governments, and other nations, as appropriate, 
                which shall be disseminated as appropriate to 
                response groups and area committees, and which 
                shall be available to Federal and State 
                agencies and the public;
                  (B) shall provide technical assistance, 
                equipment, and other resources requested by a 
                Federal On-Scene Coordinator;
                  (C) shall coordinate use of private and 
                public personnel and equipment to remove a 
                worst case discharge, and to mitigate or 
                prevent a substantial threat of such a 
                discharge, from a vessel, offshore facility, or 
                onshore facility operating in or near an area 
                designated by the President pursuant to 
                paragraph (4);
                  (D) may provide technical assistance in the 
                preparation of Area Contingency Plans required 
                under paragraph (4);
                  (E) shall administer Coast Guard strike teams 
                established under the National Contingency 
                Plan;
                  (F) shall maintain on file all Area 
                Contingency Plans approved by the President 
                under this subsection; and
                  (G) shall review each of those plans that 
                affects its responsibilities under this 
                subsection.
          (3) Coast guard district response groups.--(A) The 
        Secretary of the department in which the Coast Guard is 
        operating shall establish in each Coast Guard district 
        a Coast Guard District Response Group.
          (B) Each Coast Guard District Response Group shall 
        consist of--
                  (i) the Coast Guard personnel and equipment, 
                including firefighting equipment, of each port 
                within the district;
                  (ii) additional prepositioned equipment; and
                  (iii) a district response advisory staff.
          (C) Coast Guard district response groups--
                  (i) shall provide technical assistance, 
                equipment, and other resources when required by 
                a Federal On-Scene Coordinator;
                  (ii) shall maintain all Coast Guard response 
                equipment within its district;
                  (iii) may provide technical assistance in the 
                preparation of Area Contingency Plans required 
                under paragraph (4); and
                  (iv) shall review each of those plans that 
                affect its area of geographic responsibility.
          (4) Area committees and area contingency plans.--(A) 
        There is established for each area designated by the 
        President an Area Committee comprised of members 
        appointed by the President from qualified--
                  (i) personnel of Federal, State, and local 
                agencies; and
                  (ii) members of federally recognized Indian 
                tribes, where applicable.
          (B) Each Area Committee, under the direction of the 
        Federal On-Scene Coordinator for its area, shall--
                  (i) prepare for its area the Area Contingency 
                Plan required under subparagraph (C);
                  (ii) work with State, local, and tribal 
                officials to enhance the contingency planning 
                of those officials and to assure preplanning of 
                joint response efforts, including appropriate 
                procedures for mechanical recovery, dispersal, 
                shoreline cleanup, protection of sensitive 
                environmental areas, and protection, rescue, 
                and rehabilitation of fisheries and wildlife, 
                including advance planning with respect to the 
                closing and reopening of fishing areas 
                following a discharge; and
                  (iii) work with State, local, and tribal 
                officials to expedite decisions for the use of 
                dispersants and other mitigating substances and 
                devices.
          (C) Each Area Committee shall prepare and submit to 
        the President for approval an Area Contingency Plan for 
        its area. The Area Contingency Plan shall--
                  (i) when implemented in conjunction with the 
                National Contingency Plan, be adequate to 
                remove a worst case discharge, and to mitigate 
                or prevent a substantial threat of such a 
                discharge, from a vessel, offshore facility, or 
                onshore facility operating in or near the area;
                  (ii) describe the area covered by the plan, 
                including the areas of special economic or 
                environmental importance that might be damaged 
                by a discharge;
                  (iii) describe in detail the responsibilities 
                of an owner or operator and of Federal, State, 
                and local agencies in removing a discharge, and 
                in mitigating or preventing a substantial 
                threat of a discharge;
                  (iv) list the equipment (including 
                firefighting equipment), dispersants or other 
                mitigating substances and devices, and 
                personnel available to an owner or operator, 
                Federal, State, and local agencies, and tribal 
                governments, to ensure an effective and 
                immediate removal of a discharge, and to ensure 
                mitigation or prevention of a substantial 
                threat of a discharge;
                  (v) compile a list of local scientists, both 
                inside and outside Federal Government service, 
                with expertise in the environmental effects of 
                spills of the types of oil typically 
                transported in the area, who may be contacted 
                to provide information or, where appropriate, 
                participate in meetings of the scientific 
                support team convened in response to a spill, 
                and describe the procedures to be followed for 
                obtaining an expedited decision regarding the 
                use of dispersants;
                  (vi) describe in detail how the plan is 
                integrated into other Area Contingency Plans 
                and vessel, offshore facility, and onshore 
                facility response plans approved under this 
                subsection, and into operating procedures of 
                the National Response Unit;
                  (vii) include a framework for advance 
                planning and decisionmaking with respect to the 
                closing and reopening of fishing areas 
                following a discharge, including protocols and 
                standards for the closing and reopening of 
                fishing areas;
                  (viii) include any other information the 
                President requires; and
                  (ix) be updated periodically by the Area 
                Committee.
          (D) The President shall--
                  (i) review and approve Area Contingency Plans 
                under this paragraph; and
                  (ii) periodically review Area Contingency 
                Plans so approved.
          (5) Tank vessel, nontank vessel, and facility 
        response plans.--(A)(i) The President shall issue 
        regulations which require an owner or operator of a 
        tank vessel or facility described in subparagraph (C) 
        to prepare and submit to the President a plan for 
        responding, to the maximum extent practicable, to a 
        worst case discharge, and to a substantial threat of 
        such a discharge, of oil or a hazardous substance.
          (ii) The President shall also issue regulations which 
        require an owner or operator of a nontank vessel to 
        prepare and submit to the President a plan for 
        responding, to the maximum extent practicable, to a 
        worst case discharge, and to a substantial threat of 
        such a discharge, of oil.
          (B) The Secretary of the Department in which the 
        Coast Guard is operating may issue regulations which 
        require an owner or operator of a tank vessel, a 
        nontank vessel, or a facility described in subparagraph 
        (C) that transfers noxious liquid substances in bulk to 
        or from a vessel to prepare and submit to the Secretary 
        a plan for responding, to the maximum extent 
        practicable, to a worst case discharge, and to a 
        substantial threat of such a discharge, of a noxious 
        liquid substance that is not designated as a hazardous 
        substance or regulated as oil in any other law or 
        regulation. For purposes of this paragraph, the term 
        ``noxious liquid substance'' has the same meaning when 
        that term is used in the MARPOL Protocol described in 
        section 2(a)(3) of the Act to Prevent Pollution from 
        Ships (33 U.S.C. 1901(a)(3)).
          (C) The tank vessels, nontank vessels, and facilities 
        referred to in subparagraphs (A) and (B) are the 
        following:
                  (i) A tank vessel, as defined under section 
                2101 of title 46, United States Code.
                  (ii) A nontank vessel.
                  (iii) An offshore facility.
                  (iv) An onshore facility that, because of its 
                location, could reasonably be expected to cause 
                substantial harm to the environment by 
                discharging into or on the navigable waters, 
                adjoining shorelines, or the exclusive economic 
                zone.
          (D) A response plan required under this paragraph 
        shall--
                  (i) be consistent with the requirements of 
                the National Contingency Plan and Area 
                Contingency Plans;
                  (ii) identify the qualified individual having 
                full authority to implement removal actions, 
                and require immediate communications between 
                that individual and the appropriate Federal 
                official and the persons providing personnel 
                and equipment pursuant to clause (iii);
                  (iii) identify, and ensure by contract or 
                other means approved by the President the 
                availability of, private personnel and 
                equipment necessary to remove to the maximum 
                extent practicable a worst case discharge 
                (including a discharge resulting from fire or 
                explosion), and to mitigate or prevent a 
                substantial threat of such a discharge;
                  (iv) describe the training, equipment 
                testing, periodic unannounced drills, and 
                response actions of persons on the vessel or at 
                the facility, to be carried out under the plan 
                to ensure the safety of the vessel or facility 
                and to mitigate or prevent the discharge, or 
                the substantial threat of a discharge;
                  (v) be updated periodically; and
                  (vi) be resubmitted for approval of each 
                significant change.
          (E) With respect to any response plan submitted under 
        this paragraph for an onshore facility that, because of 
        its location, could reasonably be expected to cause 
        significant and substantial harm to the environment by 
        discharging into or on the navigable waters or 
        adjoining shorelines or the exclusive economic zone, 
        and with respect to each response plan submitted under 
        this paragraph for a tank vessel, nontank vessel, or 
        offshore facility, the President shall--
                  (i) promptly review such response plan;
                  (ii) require amendments to any plan that does 
                not meet the requirements of this paragraph;
                  (iii) approve any plan that meets the 
                requirements of this paragraph;
                  (iv) review each plan periodically 
                thereafter; and
                  (v) in the case of a plan for a nontank 
                vessel, consider any applicable State-mandated 
                response plan in effect on the date of the 
                enactment of the Coast Guard and Maritime 
                Transportation Act of 2004 and ensure 
                consistency to the extent practicable.
          (F) A tank vessel, nontank vessel, offshore facility, 
        or onshore facility required to prepare a response plan 
        under this subsection may not handle, store, or 
        transport oil unless--
                  (i) in the case of a tank vessel, nontank 
                vessel, offshore facility, or onshore facility 
                for which a response plan is reviewed by the 
                President under subparagraph (E), the plan has 
                been approved by the President; and
                  (ii) the vessel or facility is operating in 
                compliance with the plan.
          (G) Notwithstanding subparagraph (E), the President 
        may authorize a tank vessel, nontank vessel, offshore 
        facility, or onshore facility to operate without a 
        response plan approved under this paragraph, until not 
        later than 2 years after the date of the submission to 
        the President of a plan for the tank vessel, nontank 
        vessel, or facility, if the owner or operator certifies 
        that the owner or operator has ensured by contract or 
        other means approved by the President the availability 
        of private personnel and equipment necessary to 
        respond, to the maximum extent practicable, to a worst 
        case discharge or a substantial threat of such a 
        discharge.
          (H) The owner or operator of a tank vessel, nontank 
        vessel, offshore facility, or onshore facility may not 
        claim as a defense to liability under title I of the 
        Oil Pollution Act of 1990 that the owner or operator 
        was acting in accordance with an approved response 
        plan.
          (I) The Secretary shall maintain, in the Vessel 
        Identification System established under chapter 125 of 
        title 46, United States Code, the dates of approval and 
        review of a response plan under this paragraph for each 
        tank vessel and nontank vessel that is a vessel of the 
        United States.
          [(6) Equipment requirements and inspection.--The 
        President may require--
                  [(A) periodic inspection of containment 
                booms, skimmers, vessels, and other major 
                equipment used to remove discharges; and
                  [(B) 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.]
          (6) Equipment requirements, verification, and 
        inspection.--The President may require--
                  (A) periodic inspection of containment booms, 
                skimmers, vessels, and other major equipment 
                used to remove discharges;
                  (B) periodic inspection of vessels, salvage 
                and marine firefighting equipment, and other 
                major equipment used to respond to vessel 
                casualties and prevent discharges;
                  (C) periodic verification of capabilities to 
                appropriately, and in a timely manner, respond 
                to a worst case discharge, or a substantial 
                threat of a discharge, including--
                          (i) drills, with or without prior 
                        notice;
                          (ii) review of contracts and relevant 
                        third-party agreements;
                          (iii) testing of equipment;
                          (iv) review of training; and
                          (v) other evaluations of response 
                        capabilities, as determined appropriate 
                        by the President; and
                  (D) vessels operating on navigable waters and 
                carrying oil or a hazardous substance in bulk 
                as cargo, and nontank vessels carrying oil of 
                any kind as fuel for main propulsion, to carry 
                appropriate removal equipment that employs the 
                best technology economically feasible and that 
                is compatible with the safe operation of the 
                vessel.
          (7) Area drills.--The President shall periodically 
        conduct drills of removal capability, without prior 
        notice, in areas for which Area Contingency Plans are 
        required under this subsection and under relevant tank 
        vessel, nontank vessel, and facility response plans. 
        The drills may include participation by Federal, State, 
        and local agencies, the owners and operators of vessels 
        and facilities in the area, and private industry. The 
        President may publish annual reports on these drills, 
        including assessments of the effectiveness of the plans 
        and a list of amendments made to improve plans.
          (8) United states government not liable.--The United 
        States Government is not liable for any damages arising 
        from its actions or omissions relating to any response 
        plan required by this section.
          (9) Western alaska oil spill planning criteria 
        program.--
                  (A) Definitions.--In this paragraph:
                          (i) Alternative planning criteria.--
                        The term ``alternative planning 
                        criteria'' means criteria submitted 
                        under section 155.1065 or 155.5067 of 
                        title 33, Code of Federal Regulations 
                        (as in effect on the date of enactment 
                        of this paragraph), for vessel response 
                        plans.
                          (ii) Prince william sound captain of 
                        the port zone.--The term ``Prince 
                        William Sound Captain of the Port 
                        Zone'' means the area described in 
                        section 3.85-15(b) of title 33, Code of 
                        Federal Regulations (or successor 
                        regulations).
                          (iii) Secretary.--The term 
                        ``Secretary'' means the Secretary of 
                        the department in which the Coast Guard 
                        is operating.
                          (iv) Vessel response plan.--The term 
                        ``vessel response plan'' means a plan 
                        required to be submitted by the owner 
                        or operator of a tank vessel or a 
                        nontank vessel under regulations issued 
                        by the President under paragraph (5).
                          (v) Western alaska captain of the 
                        port zone.--The term ``Western Alaska 
                        Captain of the Port Zone'' means the 
                        area described in section 3.85-15(a) of 
                        title 33, Code of Federal Regulations 
                        (as in effect on the date of enactment 
                        of this paragraph).
                  (B) Requirement.--Except as provided in 
                subparagraph (I), for any part of the area of 
                responsibility of the Western Alaska Captain of 
                the Port Zone or the Prince William Sound 
                Captain of the Port Zone for which the 
                Secretary has determined that the national 
                planning criteria established pursuant to this 
                subsection are inappropriate for a vessel 
                operating in such area, a vessel response plan 
                with respect to a discharge of oil for such a 
                vessel shall comply with the Western Alaska oil 
                spill planning criteria established under 
                subparagraph (D)(i).
                  (C) Relation to national planning criteria.--
                The Western Alaska oil spill planning criteria 
                established under subparagraph (D)(i) shall, 
                with respect to a discharge of oil from a 
                vessel described in subparagraph (B), apply in 
                lieu of any alternative planning criteria 
                accepted for vessels operating, prior to the 
                date on which the Western Alaska oil spill 
                planning criteria are established, in any part 
                of the area of responsibility of the Western 
                Alaska Captain of the Port Zone or the Prince 
                William Sound Captain of the Port Zone for 
                which the Secretary has determined that the 
                national planning criteria established pursuant 
                to this subsection are inappropriate for a 
                vessel operating in such area.
                  (D) Establishment of western alaska oil spill 
                planning criteria.--
                          (i) In general.--The President, 
                        acting through the Commandant, in 
                        consultation with the Western Alaska 
                        Oil Spill Criteria Program Manager 
                        selected under section 323 of title 14, 
                        United States Code, shall establish--
                                  (I) Western Alaska oil spill 
                                planning criteria for a worst 
                                case discharge of oil, and a 
                                substantial threat of such a 
                                discharge, within any part of 
                                the area of responsibility of 
                                the Western Alaska Captain of 
                                the Port Zone or Prince William 
                                Sound Captain of the Port Zone 
                                for which the Secretary has 
                                determined that the national 
                                planning criteria established 
                                pursuant to this subsection are 
                                inappropriate for a vessel 
                                operating in such area; and
                                  (II) standardized submission, 
                                review, approval, and 
                                compliance verification 
                                processes for the Western 
                                Alaska oil spill planning 
                                criteria established under this 
                                clause, including the quantity 
                                and frequency of drills and on-
                                site verifications of vessel 
                                response plans approved 
                                pursuant to such planning 
                                criteria.
                          (ii) Development of subregions.--
                                  (I) Development.--After 
                                establishing the Western Alaska 
                                oil spill planning criteria 
                                under clause (i), and if 
                                necessary to adequately reflect 
                                the needs and capabilities of 
                                various locations within the 
                                Western Alaska Captain of the 
                                Port Zone, the President, 
                                acting through the Commandant, 
                                and in consultation with the 
                                Western Alaska Oil Spill 
                                Criteria Program Manager 
                                selected under section 323 of 
                                title 14, United States Code, 
                                may develop subregions for 
                                which planning criteria may 
                                differ from planning criteria 
                                for other subregions in the 
                                Western Alaska Captain of the 
                                Port Zone.
                                  (II) Limitation.--Any 
                                planning criteria for a 
                                subregion developed under this 
                                clause may not be less 
                                stringent than the Western 
                                Alaska oil spill planning 
                                criteria established under 
                                clause (i).
                          (iii) Assessment.--
                                  (I) In general.--Prior to 
                                developing a subregion, the 
                                President, acting through the 
                                Commandant, shall conduct an 
                                assessment on any potential 
                                impacts to the entire Western 
                                Alaska Captain of the Port Zone 
                                to include quantity and 
                                availability of response 
                                resources in the proposed 
                                subregion and in surrounding 
                                areas and any changes or 
                                impacts to surrounding areas 
                                resulting in the development of 
                                a subregion with different 
                                standards.
                                  (II) Consultation.--In 
                                conducting an assessment under 
                                this clause, the President, 
                                acting through the Commandant, 
                                shall consult with State and 
                                local governments, Tribes (as 
                                defined in section 323 of title 
                                14, United States Code), the 
                                owners and operators that would 
                                operate under the proposed 
                                subregions, oil spill removal 
                                organizations, Alaska Native 
                                organizations, and 
                                environmental nongovernmental 
                                organizations, and shall take 
                                into account any experience 
                                with the prior use of 
                                subregions within the State of 
                                Alaska.
                                  (III) Submission.--The 
                                President, acting through the 
                                Commandant, shall submit the 
                                results of an assessment 
                                conducted under this clause to 
                                the Committee on Transportation 
                                and Infrastructure of the House 
                                of Representatives and the 
                                Committee on Commerce, Science, 
                                and Transportation of the 
                                Senate.
                  (E) Inclusions.--
                          (i) Requirements.--The Western Alaska 
                        oil spill planning criteria established 
                        under subparagraph (D)(i) shall include 
                        planning criteria for the following:
                                  (I) Mechanical oil spill 
                                response resources that are 
                                required to be located within 
                                any part of the area of 
                                responsibility of the Western 
                                Alaska Captain of the Port Zone 
                                or the Prince William Sound 
                                Captain of the Port Zone for 
                                which the Secretary has 
                                determined that the national 
                                planning criteria established 
                                pursuant to this subsection are 
                                inappropriate for a vessel 
                                operating in such area.
                                  (II) Response times for 
                                mobilization of oil spill 
                                response resources and arrival 
                                on the scene of a worst case 
                                discharge of oil, or 
                                substantial threat of such a 
                                discharge, occurring within 
                                such part of such area.
                                  (III) Pre-identified vessels 
                                for oil spill response that are 
                                capable of operating in the 
                                ocean environment.
                                  (IV) Ensuring the 
                                availability of at least 1 oil 
                                spill removal organization that 
                                is classified by the Coast 
                                Guard and that--
                                          (aa) is capable of 
                                        responding in all 
                                        operating environments 
                                        in such part of such 
                                        area;
                                          (bb) controls oil 
                                        spill response 
                                        resources of dedicated 
                                        and nondedicated 
                                        resources within such 
                                        part of such area, 
                                        through ownership, 
                                        contracts, agreements, 
                                        or other means approved 
                                        by the President, 
                                        sufficient--
                                                  (AA) to 
                                                mobilize and 
                                                sustain a 
                                                response to a 
                                                worst case 
                                                discharge of 
                                                oil; and
                                                  (BB) to 
                                                contain, 
                                                recover, and 
                                                temporarily 
                                                store 
                                                discharged oil;
                                          (cc) has pre-
                                        positioned oil spill 
                                        response resources in 
                                        strategic locations 
                                        throughout such part of 
                                        such area in a manner 
                                        that ensures the 
                                        ability to support 
                                        response personnel, 
                                        marine operations, air 
                                        cargo, or other related 
                                        logistics 
                                        infrastructure;
                                          (dd) has temporary 
                                        storage capability 
                                        using both dedicated 
                                        and non-dedicated 
                                        assets located within 
                                        such part of such area;
                                          (ee) has non-
                                        mechanical oil spill 
                                        response resources 
                                        capable of responding 
                                        to a discharge of 
                                        persistent oil and a 
                                        discharge of 
                                        nonpersistent oil, 
                                        whether the discharged 
                                        oil was carried by a 
                                        vessel as fuel or 
                                        cargo; and
                                          (ff) has wildlife 
                                        response resources for 
                                        primary, secondary, and 
                                        tertiary responses to 
                                        support carcass 
                                        collection, sampling, 
                                        deterrence, rescue, and 
                                        rehabilitation of 
                                        birds, sea turtles, 
                                        marine mammals, fishery 
                                        resources, and other 
                                        wildlife.
                                  (V) With respect to tank 
                                barges carrying nonpersistent 
                                oil in bulk as cargo, oil spill 
                                response resources that are 
                                required to be carried on 
                                board.
                                  (VI) Specifying a minimum 
                                length of time that approval of 
                                a vessel response plan under 
                                this paragraph is valid.
                                  (VII) Managing wildlife 
                                protection and rehabilitation, 
                                including identified wildlife 
                                protection and rehabilitation 
                                resources in that area.
                          (ii) Additional considerations.--The 
                        Western Alaska oil spill planning 
                        criteria established under subparagraph 
                        (D)(i) may include planning criteria 
                        for the following:
                                  (I) Vessel routing measures 
                                consistent with international 
                                routing measure deviation 
                                protocols.
                                  (II) Maintenance of real-time 
                                continuous vessel tracking, 
                                monitoring, and engagement 
                                protocols with the ability to 
                                detect and address vessel 
                                operation anomalies.
                  (F) Requirement for approval.--The President 
                may approve a vessel response plan for a vessel 
                under this paragraph only if the owner or 
                operator of the vessel demonstrates the 
                availability of the oil spill response 
                resources required to be included in the vessel 
                response plan under the Western Alaska oil 
                spill planning criteria established under 
                subparagraph (D)(i).
                  (G) Periodic audits.--The Secretary shall 
                conduct periodic audits to ensure compliance of 
                vessel response plans and oil spill removal 
                organizations within the Western Alaska Captain 
                of the Port Zone and the Prince William Sound 
                Captain of the Port Zone with the Western 
                Alaska oil spill planning criteria established 
                under subparagraph (D)(i).
                  (H) Review of determination.--Not less 
                frequently than once every 5 years, the 
                Secretary shall review each determination of 
                the Secretary under subparagraph (B) that the 
                national planning criteria established pursuant 
                to this subsection are inappropriate for a 
                vessel operating in the area of responsibility 
                of the Western Alaska Captain of the Port Zone 
                and the Prince William Sound Captain of the 
                Port Zone.
                  (I) Vessels in cook inlet.--Unless otherwise 
                authorized by the Secretary, a vessel may only 
                operate in Cook Inlet, Alaska, under a vessel 
                response plan approved under paragraph (5) that 
                meets the requirements of the national planning 
                criteria established pursuant to this 
                subsection.
                  (J) Savings provisions.--Nothing in this 
                paragraph affects--
                          (i) the requirements under this 
                        subsection applicable to vessel 
                        response plans for vessels operating 
                        within the area of responsibility of 
                        the Western Alaska Captain of the Port 
                        Zone, within Cook Inlet, Alaska;
                          (ii) the requirements under this 
                        subsection applicable to vessel 
                        response plans for vessels operating 
                        within the area of responsibility of 
                        the Prince William Sound Captain of the 
                        Port Zone that are subject to section 
                        5005 of the Oil Pollution Act of 1990 
                        (33 U.S.C. 2735); or
                          (iii) the authority of a Federal On-
                        Scene Coordinator to use any available 
                        resources when responding to an oil 
                        spill.
  (l) The President is authorized to delegate the 
administration of this section to the heads of those Federal 
departments, agencies, and instrumentalities which he 
determines to be appropriate. Each such department, agency, and 
instrumentality, in order to avoid duplication of effort, 
shall, whenever appropriate, utilize the personnel, services, 
and facilities of other Federal departments, agencies, and 
instrumentalities.
  (m) Administrative Provisions.--
          (1) For vessels.--Anyone authorized by the President 
        to enforce the provisions of this section with respect 
        to any vessel may, except as to public vessels--
                  (A) board and inspect any vessel upon the 
                navigable waters of the United States or the 
                waters of the contiguous zone,
                  (B) with or without a warrant, arrest any 
                person who in the presence or view of the 
                authorized person violates the provisions of 
                this section or any regulation issued 
                thereunder, and
                  (C) execute any warrant or other process 
                issued by an officer or court of competent 
                jurisdiction.
          (2) For facilities.--
                  (A) Recordkeeping.--Whenever required to 
                carry out the purposes of this section, the 
                Administrator, the Secretary of Transportation, 
                or the Secretary of the Department in which the 
                Coast Guard is operating shall require the 
                owner or operator of a facility to which this 
                section applies to establish and maintain such 
                records, make such reports, install, use, and 
                maintain such monitoring equipment and methods, 
                and provide such other information as the 
                Administrator, the Secretary of Transportation, 
                or Secretary, as the case may be, may require 
                to carry out the objectives of this section.
                  (B) Entry and inspection.--Whenever required 
                to carry out the purposes of this section, the 
                Administrator, the Secretary of Transportation, 
                or the Secretary of the Department in which the 
                Coast Guard is operating or an authorized 
                representative of the Administrator, the 
                Secretary of Transportation, or Secretary, upon 
                presentation of appropriate credentials, may--
                          (i) enter and inspect any facility to 
                        which this section applies, including 
                        any facility at which any records are 
                        required to be maintained under 
                        subparagraph (A); and
                          (ii) at reasonable times, have access 
                        to and copy any records, take samples, 
                        and inspect any monitoring equipment or 
                        methods required under subparagraph 
                        (A).
                  (C) Arrests and execution of warrants.--
                Anyone authorized by the Administrator or the 
                Secretary of the department in which the Coast 
                Guard is operating to enforce the provisions of 
                this section with respect to any facility may--
                          (i) with or without a warrant, arrest 
                        any person who violates the provisions 
                        of this section or any regulation 
                        issued thereunder in the presence or 
                        view of the person so authorized; and
                          (ii) execute any warrant or process 
                        issued by an officer or court of 
                        competent jurisdiction.
                  (D) Public access.--Any records, reports, or 
                information obtained under this paragraph shall 
                be subject to the same public access and 
                disclosure requirements which are applicable to 
                records, reports, and information obtained 
                pursuant to section 308.
  (n) The several district courts of the United States are 
invested with jurisdiction for any actions, other than actions 
pursuant to subsection (i)(1), arising under this section. In 
the case of Guam and the Trust Territory of the Pacific 
Islands, such actions may be brought in the district court of 
Guam, and in the case of the Virgin Islands such actions may be 
brought in the district court of the Virgin Islands. In the 
case of American Samoa and the Trust Territory of the Pacific 
Islands, such actions may be brought in the District Court of 
the United States for the District of Hawaii and such court 
shall have jurisdiction of such actions. In the case of the 
Canal Zone, such actions may be brought in the United States 
District Court for the District of the Canal Zone.
  (o)(1) Nothing in this section shall affect or modify in any 
way the obligations of any owner or operator of any vessel, or 
of any owner or operator of any onshore facility or offshore 
facility to any person or agency under any provision of law for 
damages to any publicly owned or privately owned property 
resulting from a discharge of any oil or hazardous substance or 
from the removal of any such oil or hazardous substance.
  (2) Nothing in this section shall be construed as preempting 
any State or political subdivision thereof from imposing any 
requirement or liability with respect to the discharge of oil 
or hazardous substance into any waters within such State, or 
with respect to any removal activities related to such 
discharge.
  (3) Nothing in this section shall be construed as affecting 
or modifying any other existing authority of any Federal 
department, agency, or instrumentality, relative to onshore or 
offshore facilities under this Act or any other provision of 
law, or to affect any State or local law not in conflict with 
this section.
  (q) The President is authorized to establish, with respect to 
any class or category of onshore or offshore facilities, a 
maximum limit of liability under subsections (f)(2) and (3) of 
this section of less than $50,000,000, but not less than, 
$8,000,000.
  (r) Nothing in this section shall be construed to impose, or 
authorize the imposition of, any limitation on liability under 
the Outer Continental Shelf Lands Act or the Deepwater Port Act 
of 1974.
  (s) The Oil Spill Liability Trust Fund established under 
section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 
9509) shall be available to carry out subsections (b), (c), 
(d), (j), and (l) as those subsections apply to discharges, and 
substantial threats of discharges, of oil. Any amounts received 
by the United States under this section shall be deposited in 
the Oil Spill Liability Trust Fund except as provided in 
subsection (t).
  (t) Gulf Coast Restoration and Recovery.--
          (1) State allocation and expenditures.--
                  (A) In general.--Of the total amounts made 
                available in any fiscal year from the Trust 
                Fund, 35 percent shall be available, in 
                accordance with the requirements of this 
                section, to the Gulf Coast States in equal 
                shares for expenditure for ecological and 
                economic restoration of the Gulf Coast region 
                in accordance with this subsection.
                  (B) Use of funds.--
                          (i) Eligible activities in the gulf 
                        coast region.--Subject to clause (iii), 
                        amounts provided to the Gulf Coast 
                        States under this subsection may only 
                        be used to carry out 1 or more of the 
                        following activities in the Gulf Coast 
                        region:
                                  (I) Restoration and 
                                protection of the natural 
                                resources, ecosystems, 
                                fisheries, marine and wildlife 
                                habitats, beaches, and coastal 
                                wetlands of the Gulf Coast 
                                region.
                                  (II) Mitigation of damage to 
                                fish, wildlife, and natural 
                                resources.
                                  (III) Implementation of a 
                                federally approved marine, 
                                coastal, or comprehensive 
                                conservation management plan, 
                                including fisheries monitoring.
                                  (IV) Workforce development 
                                and job creation.
                                  (V) Improvements to or on 
                                State parks located in coastal 
                                areas affected by the Deepwater 
                                Horizon oil spill.
                                  (VI) Infrastructure projects 
                                benefitting the economy or 
                                ecological resources, including 
                                port infrastructure.
                                  (VII) Coastal flood 
                                protection and related 
                                infrastructure.
                                  (VIII) Planning assistance.
                                  (IX) Administrative costs of 
                                complying with this subsection.
                          (ii) Activities to promote tourism 
                        and seafood in the gulf coast region.--
                        Amounts provided to the Gulf Coast 
                        States under this subsection may be 
                        used to carry out 1 or more of the 
                        following activities:
                                  (I) Promotion of tourism in 
                                the Gulf Coast Region, 
                                including recreational fishing.
                                  (II) Promotion of the 
                                consumption of seafood 
                                harvested from the Gulf Coast 
                                Region.
                          (iii) Limitation.--
                                  (I) In general.--Of the 
                                amounts received by a Gulf 
                                Coast State under this 
                                subsection, not more than 3 
                                percent may be used for 
                                administrative costs eligible 
                                under clause (i)(IX).
                                  (II) Claims for 
                                compensation.--Activities 
                                funded under this subsection 
                                may not be included in any 
                                claim for compensation paid out 
                                by the Oil Spill Liability 
                                Trust Fund after the date of 
                                enactment of this subsection.
                  (C) Coastal political subdivisions.--
                          (i) Distribution.--In the case of a 
                        State where the coastal zone includes 
                        the entire State--
                                  (I) 75 percent of funding 
                                shall be provided directly to 
                                the 8 disproportionately 
                                affected counties impacted by 
                                the Deepwater Horizon oil 
                                spill; and
                                  (II) 25 percent shall be 
                                provided directly to 
                                nondisproportionately impacted 
                                counties within the State.
                          (ii) Nondisproportionately impacted 
                        counties.--The total amounts made 
                        available to coastal political 
                        subdivisions in the State of Florida 
                        under clause (i)(II) shall be 
                        distributed according to the following 
                        weighted formula:
                                  (I) 34 percent based on the 
                                weighted average of the 
                                population of the county.
                                  (II) 33 percent based on the 
                                weighted average of the county 
                                per capita sales tax 
                                collections estimated for 
                                fiscal year 2012.
                                  (III) 33 percent based on the 
                                inverse proportion of the 
                                weighted average distance from 
                                the Deepwater Horizon oil rig 
                                to each of the nearest and 
                                farthest points of the 
                                shoreline.
                  (D) Louisiana.--
                          (i) In general.--Of the total amounts 
                        made available to the State of 
                        Louisiana under this paragraph:
                                  (I) 70 percent shall be 
                                provided directly to the State 
                                in accordance with this 
                                subsection.
                                  (II) 30 percent shall be 
                                provided directly to parishes 
                                in the coastal zone (as defined 
                                in section 304 of the Coastal 
                                Zone Management Act of 1972 (16 
                                U.S.C. 1453)) of the State of 
                                Louisiana according to the 
                                following weighted formula:
                                          (aa) 40 percent based 
                                        on the weighted average 
                                        of miles of the parish 
                                        shoreline oiled.
                                          (bb) 40 percent based 
                                        on the weighted average 
                                        of the population of 
                                        the parish.
                                          (cc) 20 percent based 
                                        on the weighted average 
                                        of the land mass of the 
                                        parish.
                          (ii) Conditions.--
                                  (I) Land use plan.--As a 
                                condition of receiving amounts 
                                allocated under this paragraph, 
                                the chief executive of the 
                                eligible parish shall certify 
                                to the Governor of the State 
                                that the parish has completed a 
                                comprehensive land use plan.
                                  (II) Other conditions.--A 
                                coastal political subdivision 
                                receiving funding under this 
                                paragraph shall meet all of the 
                                conditions in subparagraph (E).
                  (E) Conditions.--As a condition of receiving 
                amounts from the Trust Fund, a Gulf Coast 
                State, including the entities described in 
                subparagraph (F), or a coastal political 
                subdivision shall--
                          (i) agree to meet such conditions, 
                        including audit requirements, as the 
                        Secretary of the Treasury determines 
                        necessary to ensure that amounts 
                        disbursed from the Trust Fund will be 
                        used in accordance with this 
                        subsection;
                          (ii) certify in such form and in such 
                        manner as the Secretary of the Treasury 
                        determines necessary that the project 
                        or program for which the Gulf Coast 
                        State or coastal political subdivision 
                        is requesting amounts--
                                  (I) is designed to restore 
                                and protect the natural 
                                resources, ecosystems, 
                                fisheries, marine and wildlife 
                                habitats, beaches, coastal 
                                wetlands, or economy of the 
                                Gulf Coast;
                                  (II) carries out 1 or more of 
                                the activities described in 
                                clauses (i) and (ii) of 
                                subparagraph (B);
                                  (III) was selected based on 
                                meaningful input from the 
                                public, including broad-based 
                                participation from individuals, 
                                businesses, and nonprofit 
                                organizations; and
                                  (IV) in the case of a natural 
                                resource protection or 
                                restoration project, is based 
                                on the best available science;
                          (iii) certify that the project or 
                        program and the awarding of a contract 
                        for the expenditure of amounts received 
                        under this paragraph are consistent 
                        with the standard procurement rules and 
                        regulations governing a comparable 
                        project or program in that State, 
                        including all applicable competitive 
                        bidding and audit requirements; and
                          (iv) develop and submit a multiyear 
                        implementation plan for the use of such 
                        amounts, which may include milestones, 
                        projected completion of each activity, 
                        and a mechanism to evaluate the success 
                        of each activity in helping to restore 
                        and protect the Gulf Coast region 
                        impacted by the Deepwater Horizon oil 
                        spill.
                  (F) Approval by state entity, task force, or 
                agency.--The following Gulf Coast State 
                entities, task forces, or agencies shall carry 
                out the duties of a Gulf Coast State pursuant 
                to this paragraph:
                          (i) Alabama.--
                                  (I) In general.--In the State 
                                of Alabama, the Alabama Gulf 
                                Coast Recovery Council, which 
                                shall be comprised of only the 
                                following:
                                          (aa) The Governor of 
                                        Alabama, who shall also 
                                        serve as Chairperson 
                                        and preside over the 
                                        meetings of the Alabama 
                                        Gulf Coast Recovery 
                                        Council.
                                          (bb) The Director of 
                                        the Alabama State Port 
                                        Authority, who shall 
                                        also serve as Vice 
                                        Chairperson and preside 
                                        over the meetings of 
                                        the Alabama Gulf Coast 
                                        Recovery Council in the 
                                        absence of the 
                                        Chairperson.
                                          (cc) The Chairman of 
                                        the Baldwin County 
                                        Commission.
                                          (dd) The President of 
                                        the Mobile County 
                                        Commission.
                                          (ee) The Mayor of the 
                                        city of Bayou La Batre.
                                          (ff) The Mayor of the 
                                        town of Dauphin Island.
                                          (gg) The Mayor of the 
                                        city of Fairhope.
                                          (hh) The Mayor of the 
                                        city of Gulf Shores.
                                          (ii) The Mayor of the 
                                        city of Mobile.
                                          (jj) The Mayor of the 
                                        city of Orange Beach.
                                  (II) Vote.--Each member of 
                                the Alabama Gulf Coast Recovery 
                                Council shall be entitled to 1 
                                vote.
                                  (III) Majority vote.--All 
                                decisions of the Alabama Gulf 
                                Coast Recovery Council shall be 
                                made by majority vote.
                                  (IV) Limitation on 
                                administrative expenses.--
                                Administrative duties for the 
                                Alabama Gulf Coast Recovery 
                                Council may only be performed 
                                by public officials and 
                                employees that are subject to 
                                the ethics laws of the State of 
                                Alabama.
                          (ii) Louisiana.--In the State of 
                        Louisiana, the Coastal Protection and 
                        Restoration Authority of Louisiana.
                          (iii) Mississippi.--In the State of 
                        Mississippi, the Mississippi Department 
                        of Environmental Quality.
                          (iv) Texas.--In the State of Texas, 
                        the Office of the Governor or an 
                        appointee of the Office of the 
                        Governor.
                  (G) Compliance with eligible activities.--If 
                the Secretary of the Treasury determines that 
                an expenditure by a Gulf Coast State or coastal 
                political subdivision of amounts made available 
                under this subsection does not meet one of the 
                activities described in clauses (i) and (ii) of 
                subparagraph (B), the Secretary shall make no 
                additional amounts from the Trust Fund 
                available to that Gulf Coast State or coastal 
                political subdivision until such time as an 
                amount equal to the amount expended for the 
                unauthorized use--
                          (i) has been deposited by the Gulf 
                        Coast State or coastal political 
                        subdivision in the Trust Fund; or
                          (ii) has been authorized by the 
                        Secretary of the Treasury for 
                        expenditure by the Gulf Coast State or 
                        coastal political subdivision for a 
                        project or program that meets the 
                        requirements of this subsection.
                  (H) Compliance with conditions.--If the 
                Secretary of the Treasury determines that a 
                Gulf Coast State or coastal political 
                subdivision does not meet the requirements of 
                this paragraph, including the conditions of 
                subparagraph (E), where applicable, the 
                Secretary of the Treasury shall make no amounts 
                from the Trust Fund available to that Gulf 
                Coast State or coastal political subdivision 
                until all conditions of this paragraph are met.
                  (I) Public input.--In meeting any condition 
                of this paragraph, a Gulf Coast State may use 
                an appropriate procedure for public 
                consultation in that Gulf Coast State, 
                including consulting with one or more 
                established task forces or other entities, to 
                develop recommendations for proposed projects 
                and programs that would restore and protect the 
                natural resources, ecosystems, fisheries, 
                marine and wildlife habitats, beaches, coastal 
                wetlands, and economy of the Gulf Coast.
                  (J) Previously approved projects and 
                programs.--A Gulf Coast State or coastal 
                political subdivision shall be considered to 
                have met the conditions of subparagraph (E) for 
                a specific project or program if, before the 
                date of enactment of the Resources and 
                Ecosystems Sustainability, Tourist 
                Opportunities, and Revived Economies of the 
                Gulf Coast States Act of 2012--
                          (i) the Gulf Coast State or coastal 
                        political subdivision has established 
                        conditions for carrying out projects 
                        and programs that are substantively the 
                        same as the conditions described in 
                        subparagraph (E); and
                          (ii) the applicable project or 
                        program carries out 1 or more of the 
                        activities described in clauses (i) and 
                        (ii) of subparagraph (B).
                  (K) Local preference.--In awarding contracts 
                to carry out a project or program under this 
                paragraph, a Gulf Coast State or coastal 
                political subdivision may give a preference to 
                individuals and companies that reside in, are 
                headquartered in, or are principally engaged in 
                business in the State of project execution.
                  (L) Unused funds.--Funds allocated to a State 
                or coastal political subdivision under this 
                paragraph shall remain in the Trust Fund until 
                such time as the State or coastal political 
                subdivision develops and submits a plan 
                identifying uses for those funds in accordance 
                with subparagraph (E)(iv).
                  (M) Judicial review.--If the Secretary of the 
                Treasury determines that a Gulf Coast State or 
                coastal political subdivision does not meet the 
                requirements of this paragraph, including the 
                conditions of subparagraph (E), the Gulf Coast 
                State or coastal political subdivision may 
                obtain expedited judicial review within 90 days 
                after that decision in a district court of the 
                United States, of appropriate jurisdiction and 
                venue, that is located within the State seeking 
                the review.
                  (N) Cost-sharing.--
                          (i) In general.--A Gulf Coast State 
                        or coastal political subdivision may 
                        use, in whole or in part, amounts made 
                        available under this paragraph to that 
                        Gulf Coast State or coastal political 
                        subdivision to satisfy the non-Federal 
                        share of the cost of any project or 
                        program authorized by Federal law that 
                        is an eligible activity described in 
                        clauses (i) and (ii) of subparagraph 
                        (B).
                          (ii) Effect on other funds.--The use 
                        of funds made available from the Trust 
                        Fund to satisfy the non-Federal share 
                        of the cost of a project or program 
                        that meets the requirements of clause 
                        (i) shall not affect the priority in 
                        which other Federal funds are allocated 
                        or awarded.
          (2) Council establishment and allocation.--
                  (A) In general.--Of the total amount made 
                available in any fiscal year from the Trust 
                Fund, 30 percent shall be disbursed to the 
                Council to carry out the Comprehensive Plan.
                  (B) Council expenditures.--
                          (i) In general.--In accordance with 
                        this paragraph, the Council shall 
                        expend funds made available from the 
                        Trust Fund to undertake projects and 
                        programs, using the best available 
                        science, that would restore and protect 
                        the natural resources, ecosystems, 
                        fisheries, marine and wildlife 
                        habitats, beaches, coastal wetlands, 
                        and economy of the Gulf Coast.
                          (ii) Allocation and expenditure 
                        procedures.--The Secretary of the 
                        Treasury shall develop such conditions, 
                        including audit requirements, as the 
                        Secretary of the Treasury determines 
                        necessary to ensure that amounts 
                        disbursed from the Trust Fund to the 
                        Council to implement the Comprehensive 
                        Plan will be used in accordance with 
                        this paragraph.
                          (iii) Administrative expenses.--Of 
                        the amounts received by the Council 
                        under this paragraph, not more than 3 
                        percent may be used for administrative 
                        expenses, including staff.
                  (C) Gulf coast ecosystem restoration 
                council.--
                          (i) Establishment.--There is 
                        established as an independent entity in 
                        the Federal Government a council to be 
                        known as the ``Gulf Coast Ecosystem 
                        Restoration Council''.
                          (ii) Membership.--The Council shall 
                        consist of the following members, or in 
                        the case of a Federal agency, a 
                        designee at the level of the Assistant 
                        Secretary or the equivalent:
                                  (I) The Secretary of the 
                                Interior.
                                  (II) The Secretary of the 
                                Army.
                                  (III) The Secretary of 
                                Commerce.
                                  (IV) The Administrator of the 
                                Environmental Protection 
                                Agency.
                                  (V) The Secretary of 
                                Agriculture.
                                  (VI) The head of the 
                                department in which the Coast 
                                Guard is operating.
                                  (VII) The Governor of the 
                                State of Alabama.
                                  (VIII) The Governor of the 
                                State of Florida.
                                  (IX) The Governor of the 
                                State of Louisiana.
                                  (X) The Governor of the State 
                                of Mississippi.
                                  (XI) The Governor of the 
                                State of Texas.
                          (iii) Alternate.--A Governor 
                        appointed to the Council by the 
                        President may designate an alternate to 
                        represent the Governor on the Council 
                        and vote on behalf of the Governor.
                          (iv) Chairperson.--From among the 
                        Federal agency members of the Council, 
                        the representatives of States on the 
                        Council shall select, and the President 
                        shall appoint, 1 Federal member to 
                        serve as Chairperson of the Council.
                          (v) Presidential appointment.--All 
                        Council members shall be appointed by 
                        the President.
                          (vi) Council actions.--
                                  (I) In general.--The 
                                following actions by the 
                                Council shall require the 
                                affirmative vote of the 
                                Chairperson and a majority of 
                                the State members to be 
                                effective:
                                          (aa) Approval of a 
                                        Comprehensive Plan and 
                                        future revisions to a 
                                        Comprehensive Plan.
                                          (bb) Approval of 
                                        State plans pursuant to 
                                        paragraph (3)(B)(iv).
                                          (cc) Approval of 
                                        reports to Congress 
                                        pursuant to clause 
                                        (vii)(VII).
                                          (dd) Approval of 
                                        transfers pursuant to 
                                        subparagraph 
                                        (E)(ii)(I).
                                          (ee) Other 
                                        significant actions 
                                        determined by the 
                                        Council.
                                  (II) Quorum.--A majority of 
                                State members shall be required 
                                to be present for the Council 
                                to take any significant action.
                                  (III) Affirmative vote 
                                requirement considered met.--
                                For approval of State plans 
                                pursuant to paragraph 
                                (3)(B)(iv), the certification 
                                by a State member of the 
                                Council that the plan satisfies 
                                all requirements of clauses (i) 
                                and (ii) of paragraph (3)(B), 
                                when joined by an affirmative 
                                vote of the Federal Chairperson 
                                of the Council, shall be 
                                considered to satisfy the 
                                requirements for affirmative 
                                votes under subclause (I).
                                  (IV) Public transparency.--
                                Appropriate actions of the 
                                Council, including significant 
                                actions and associated 
                                deliberations, shall be made 
                                available to the public via 
                                electronic means prior to any 
                                vote.
                          (vii) Duties of council.--The Council 
                        shall--
                                  (I) develop the Comprehensive 
                                Plan and future revisions to 
                                the Comprehensive Plan;
                                  (II) identify as soon as 
                                practicable the projects that--
                                          (aa) have been 
                                        authorized prior to the 
                                        date of enactment of 
                                        this subsection but not 
                                        yet commenced; and
                                          (bb) if implemented 
                                        quickly, would restore 
                                        and protect the natural 
                                        resources, ecosystems, 
                                        fisheries, marine and 
                                        wildlife habitats, 
                                        beaches, barrier 
                                        islands, dunes, and 
                                        coastal wetlands of the 
                                        Gulf Coast region;
                                  (III) establish such other 1 
                                or more advisory committees as 
                                may be necessary to assist the 
                                Council, including a scientific 
                                advisory committee and a 
                                committee to advise the Council 
                                on public policy issues;
                                  (IV) collect and consider 
                                scientific and other research 
                                associated with restoration of 
                                the Gulf Coast ecosystem, 
                                including research, 
                                observation, and monitoring 
                                carried out pursuant to 
                                sections 1604 and 1605 of the 
                                Resources and Ecosystems 
                                Sustainability, Tourist 
                                Opportunities, and Revived 
                                Economies of the Gulf Coast 
                                States Act of 2012;
                                  (V) develop standard terms to 
                                include in contracts for 
                                projects and programs awarded 
                                pursuant to the Comprehensive 
                                Plan that provide a preference 
                                to individuals and companies 
                                that reside in, are 
                                headquartered in, or are 
                                principally engaged in business 
                                in a Gulf Coast State;
                                  (VI) prepare an integrated 
                                financial plan and 
                                recommendations for coordinated 
                                budget requests for the amounts 
                                proposed to be expended by the 
                                Federal agencies represented on 
                                the Council for projects and 
                                programs in the Gulf Coast 
                                States; and
                                  (VII) submit to Congress an 
                                annual report that--
                                          (aa) summarizes the 
                                        policies, strategies, 
                                        plans, and activities 
                                        for addressing the 
                                        restoration and 
                                        protection of the Gulf 
                                        Coast region;
                                          (bb) describes the 
                                        projects and programs 
                                        being implemented to 
                                        restore and protect the 
                                        Gulf Coast region, 
                                        including--
                                                  (AA) a list 
                                                of each project 
                                                and program;
                                                  (BB) an 
                                                identification 
                                                of the funding 
                                                provided to 
                                                projects and 
                                                programs 
                                                identified in 
                                                subitem (AA);
                                                  (CC) an 
                                                identification 
                                                of each 
                                                recipient for 
                                                funding 
                                                identified in 
                                                subitem (BB); 
                                                and
                                                  (DD) a 
                                                description of 
                                                the length of 
                                                time and 
                                                funding needed 
                                                to complete the 
                                                objectives of 
                                                each project 
                                                and program 
                                                identified in 
                                                subitem (AA);
                                          (cc) makes such 
                                        recommendations to 
                                        Congress for 
                                        modifications of 
                                        existing laws as the 
                                        Council determines 
                                        necessary to implement 
                                        the Comprehensive Plan;
                                          (dd) reports on the 
                                        progress on 
                                        implementation of each 
                                        project or program--
                                                  (AA) after 3 
                                                years of 
                                                ongoing 
                                                activity of the 
                                                project or 
                                                program, if 
                                                applicable; and
                                                  (BB) on 
                                                completion of 
                                                the project or 
                                                program;
                                          (ee) includes the 
                                        information required to 
                                        be submitted under 
                                        section 1605(c)(4) of 
                                        the Resources and 
                                        Ecosystems 
                                        Sustainability, Tourist 
                                        Opportunities, and 
                                        Revived Economies of 
                                        the Gulf Coast States 
                                        Act of 2012; and
                                          (ff) submits the 
                                        reports required under 
                                        item (dd) to--
                                                  (AA) the 
                                                Committee on 
                                                Science, Space, 
                                                and Technology, 
                                                the Committee 
                                                on Natural 
                                                Resources, the 
                                                Committee on 
                                                Transportation 
                                                and 
                                                Infrastructure, 
                                                and the 
                                                Committee on 
                                                Appropriations 
                                                of the House of 
                                                Representatives;
                                                 and
                                                  (BB) the 
                                                Committee on 
                                                Environment and 
                                                Public Works, 
                                                the Committee 
                                                on Commerce, 
                                                Science, and 
                                                Transportation, 
                                                the Committee 
                                                on Energy and 
                                                Natural 
                                                Resources, and 
                                                the Committee 
                                                on 
                                                Appropriations 
                                                of the Senate.
                          (viii) Application of chapter 10 of 
                        title 5, united states code.--The 
                        Council, or any other advisory 
                        committee established under this 
                        subparagraph, shall not be considered 
                        an advisory committee under chapter 10 
                        of title 5, United States Code.
                          (ix) Sunset.--The authority for the 
                        Council, and any other advisory 
                        committee established under this 
                        subparagraph, shall terminate on the 
                        date all funds in the Trust Fund have 
                        been expended.
                  (D) Comprehensive plan.--
                          (i) Proposed plan.--
                                  (I) In general.--Not later 
                                than 180 days after the date of 
                                enactment of the Resources and 
                                Ecosystems Sustainability, 
                                Tourist Opportunities, and 
                                Revived Economies of the Gulf 
                                Coast States Act of 2012, the 
                                Chairperson, on behalf of the 
                                Council and after appropriate 
                                public input, review, and 
                                comment, shall publish a 
                                proposed plan to restore and 
                                protect the natural resources, 
                                ecosystems, fisheries, marine 
                                and wildlife habitats, beaches, 
                                and coastal wetlands of the 
                                Gulf Coast region.
                                  (II) Inclusions.--The 
                                proposed plan described in 
                                subclause (I) shall include and 
                                incorporate the findings and 
                                information prepared by the 
                                President's Gulf Coast 
                                Restoration Task Force.
                          (ii) Publication.--
                                  (I) Initial plan.--Not later 
                                than 1 year after the date of 
                                enactment of the Resources and 
                                Ecosystems Sustainability, 
                                Tourist Opportunities, and 
                                Revived Economies of the Gulf 
                                Coast States Act of 2012 and 
                                after notice and opportunity 
                                for public comment, the 
                                Chairperson, on behalf of the 
                                Council and after approval by 
                                the Council, shall publish in 
                                the Federal Register the 
                                initial Comprehensive Plan to 
                                restore and protect the natural 
                                resources, ecosystems, 
                                fisheries, marine and wildlife 
                                habitats, beaches, and coastal 
                                wetlands of the Gulf Coast 
                                region.
                                  (II) Cooperation with gulf 
                                coast restoration task force.--
                                The Council shall develop the 
                                initial Comprehensive Plan in 
                                close coordination with the 
                                President's Gulf Coast 
                                Restoration Task Force.
                                  (III) Considerations.--In 
                                developing the initial 
                                Comprehensive Plan and 
                                subsequent updates, the Council 
                                shall consider all relevant 
                                findings, reports, or research 
                                prepared or funded under 
                                section 1604 or 1605 of the 
                                Resources and Ecosystems 
                                Sustainability, Tourist 
                                Opportunities, and Revived 
                                Economies of the Gulf Coast 
                                States Act of 2012.
                                  (IV) Contents.--The initial 
                                Comprehensive Plan shall 
                                include--
                                          (aa) such provisions 
                                        as are necessary to 
                                        fully incorporate in 
                                        the Comprehensive Plan 
                                        the strategy, projects, 
                                        and programs 
                                        recommended by the 
                                        President's Gulf Coast 
                                        Restoration Task Force;
                                          (bb) a list of any 
                                        project or program 
                                        authorized prior to the 
                                        date of enactment of 
                                        this subsection but not 
                                        yet commenced, the 
                                        completion of which 
                                        would further the 
                                        purposes and goals of 
                                        this subsection and of 
                                        the Resources and 
                                        Ecosystems 
                                        Sustainability, Tourist 
                                        Opportunities, and 
                                        Revived Economies of 
                                        the Gulf Coast States 
                                        Act of 2012;
                                          (cc) a description of 
                                        the manner in which 
                                        amounts from the Trust 
                                        Fund projected to be 
                                        made available to the 
                                        Council for the 
                                        succeeding 10 years 
                                        will be allocated; and
                                          (dd) subject to 
                                        available funding in 
                                        accordance with clause 
                                        (iii), a prioritized 
                                        list of specific 
                                        projects and programs 
                                        to be funded and 
                                        carried out during the 
                                        3-year period 
                                        immediately following 
                                        the date of publication 
                                        of the initial 
                                        Comprehensive Plan, 
                                        including a table that 
                                        illustrates the 
                                        distribution of 
                                        projects and programs 
                                        by the Gulf Coast 
                                        State.
                                  (V) Plan updates.--The 
                                Council shall update--
                                          (aa) the 
                                        Comprehensive Plan 
                                        every 5 years in a 
                                        manner comparable to 
                                        the manner established 
                                        in this subparagraph 
                                        for each 5-year period 
                                        for which amounts are 
                                        expected to be made 
                                        available to the Gulf 
                                        Coast States from the 
                                        Trust Fund; and
                                          (bb) the 3-year list 
                                        of projects and 
                                        programs described in 
                                        subclause (IV)(dd) 
                                        annually.
                          (iii) Restoration priorities.--Except 
                        for projects and programs described in 
                        clause (ii)(IV)(bb), in selecting 
                        projects and programs to include on the 
                        3-year list described in clause 
                        (ii)(IV)(dd), based on the best 
                        available science, the Council shall 
                        give highest priority to projects that 
                        address 1 or more of the following 
                        criteria:
                                  (I) Projects that are 
                                projected to make the greatest 
                                contribution to restoring and 
                                protecting the natural 
                                resources, ecosystems, 
                                fisheries, marine and wildlife 
                                habitats, beaches, and coastal 
                                wetlands of the Gulf Coast 
                                region, without regard to 
                                geographic location within the 
                                Gulf Coast region.
                                  (II) Large-scale projects and 
                                programs that are projected to 
                                substantially contribute to 
                                restoring and protecting the 
                                natural resources, ecosystems, 
                                fisheries, marine and wildlife 
                                habitats, beaches, and coastal 
                                wetlands of the Gulf Coast 
                                ecosystem.
                                  (III) Projects contained in 
                                existing Gulf Coast State 
                                comprehensive plans for the 
                                restoration and protection of 
                                natural resources, ecosystems, 
                                fisheries, marine and wildlife 
                                habitats, beaches, and coastal 
                                wetlands of the Gulf Coast 
                                region.
                                  (IV) Projects that restore 
                                long-term resiliency of the 
                                natural resources, ecosystems, 
                                fisheries, marine and wildlife 
                                habitats, beaches, and coastal 
                                wetlands most impacted by the 
                                Deepwater Horizon oil spill.
                  (E) Implementation.--
                          (i) In general.--The Council, acting 
                        through the Federal agencies 
                        represented on the Council and Gulf 
                        Coast States, shall expend funds made 
                        available from the Trust Fund to carry 
                        out projects and programs adopted in 
                        the Comprehensive Plan.
                          (ii) Administrative responsibility.--
                                  (I) In general.--Primary 
                                authority and responsibility 
                                for each project and program 
                                included in the Comprehensive 
                                Plan shall be assigned by the 
                                Council to a Gulf Coast State 
                                represented on the Council or a 
                                Federal agency.
                                  (II) Transfer of amounts.--
                                Amounts necessary to carry out 
                                each project or program 
                                included in the Comprehensive 
                                Plan shall be transferred by 
                                the Secretary of the Treasury 
                                from the Trust Fund to that 
                                Federal agency or Gulf Coast 
                                State as the project or program 
                                is implemented, subject to such 
                                conditions as the Secretary of 
                                the Treasury, in consultation 
                                with the Secretary of the 
                                Interior and the Secretary of 
                                Commerce, established pursuant 
                                to section 1602 of the 
                                Resources and Ecosystems 
                                Sustainability, Tourist 
                                Opportunities, and Revived 
                                Economies of the Gulf Coast 
                                States Act of 2012.
                                  (III) Limitation on 
                                transfers.--
                                          (aa) Grants to 
                                        nongovernmental 
                                        entities.--In the case 
                                        of funds transferred to 
                                        a Federal or State 
                                        agency under subclause 
                                        (II), the agency shall 
                                        not make 1 or more 
                                        grants or cooperative 
                                        agreements to a 
                                        nongovernmental entity 
                                        if the total amount 
                                        provided to the entity 
                                        would equal or exceed 
                                        10 percent of the total 
                                        amount provided to the 
                                        agency for that 
                                        particular project or 
                                        program, unless the 1 
                                        or more grants have 
                                        been reported in 
                                        accordance with item 
                                        (bb).
                                          (bb) Reporting of 
                                        grantees.--At least 30 
                                        days prior to making a 
                                        grant or entering into 
                                        a cooperative agreement 
                                        described in item (aa), 
                                        the name of each 
                                        grantee, including the 
                                        amount and purpose of 
                                        each grant or 
                                        cooperative agreement, 
                                        shall be published in 
                                        the Federal Register 
                                        and delivered to the 
                                        congressional 
                                        committees listed in 
                                        subparagraph 
                                        (C)(vii)(VII)(ff).
                                          (cc) Annual reporting 
                                        of grantees.--Annually, 
                                        the name of each 
                                        grantee, including the 
                                        amount and purposes of 
                                        each grant or 
                                        cooperative agreement, 
                                        shall be published in 
                                        the Federal Register 
                                        and delivered to 
                                        Congress as part of the 
                                        report submitted 
                                        pursuant to 
                                        subparagraph 
                                        (C)(vii)(VII).
                                  (IV) Project and program 
                                limitation.--The Council, a 
                                Federal agency, or a State may 
                                not carry out a project or 
                                program funded under this 
                                paragraph outside of the Gulf 
                                Coast region.
                  (F) Coordination.--The Council and the 
                Federal members of the Council may develop 
                memoranda of understanding establishing 
                integrated funding and implementation plans 
                among the member agencies and authorities.
          (3) Oil spill restoration impact allocation.--
                  (A) In general.--
                          (i) Disbursement.--Of the total 
                        amount made available from the Trust 
                        Fund, 30 percent shall be disbursed 
                        pursuant to the formula in clause (ii) 
                        to the Gulf Coast States on the 
                        approval of the plan described in 
                        subparagraph (B)(i).
                          (ii) Formula.--Subject to 
                        subparagraph (B), for each Gulf Coast 
                        State, the amount disbursed under this 
                        paragraph shall be based on a formula 
                        established by the Council by 
                        regulation that is based on a weighted 
                        average of the following criteria:
                                  (I) 40 percent based on the 
                                proportionate number of miles 
                                of shoreline in each Gulf Coast 
                                State that experienced oiling 
                                on or before April 10, 2011, 
                                compared to the total number of 
                                miles of shoreline that 
                                experienced oiling as a result 
                                of the Deepwater Horizon oil 
                                spill.
                                  (II) 40 percent based on the 
                                inverse proportion of the 
                                average distance from the 
                                mobile offshore drilling unit 
                                Deepwater Horizon at the time 
                                of the explosion to the nearest 
                                and farthest point of the 
                                shoreline that experienced 
                                oiling of each Gulf Coast 
                                State.
                                  (III) 20 percent based on the 
                                average population in the 2010 
                                decennial census of coastal 
                                counties bordering the Gulf of 
                                Mexico within each Gulf Coast 
                                State.
                          (iii) Minimum allocation.--The amount 
                        disbursed to a Gulf Coast State for 
                        each fiscal year under clause (ii) 
                        shall be at least 5 percent of the 
                        total amounts made available under this 
                        paragraph.
                  (B) Disbursement of funds.--
                          (i) In general.--The Council shall 
                        disburse amounts to the respective Gulf 
                        Coast States in accordance with the 
                        formula developed under subparagraph 
                        (A) for projects, programs, and 
                        activities that will improve the 
                        ecosystems or economy of the Gulf Coast 
                        region, subject to the condition that 
                        each Gulf Coast State submits a plan 
                        for the expenditure of amounts 
                        disbursed under this paragraph that 
                        meets the following criteria:
                                  (I) All projects, programs, 
                                and activities included in the 
                                plan are eligible activities 
                                pursuant to clauses (i) and 
                                (ii) of paragraph (1)(B).
                                  (II) The projects, programs, 
                                and activities included in the 
                                plan contribute to the overall 
                                economic and ecological 
                                recovery of the Gulf Coast.
                                  (III) The plan takes into 
                                consideration the Comprehensive 
                                Plan and is consistent with the 
                                goals and objectives of the 
                                Plan, as described in paragraph 
                                (2)(B)(i).
                          (ii) Funding.--
                                  (I) In general.--Except as 
                                provided in subclause (II), the 
                                plan described in clause (i) 
                                may use not more than 25 
                                percent of the funding made 
                                available for infrastructure 
                                projects eligible under 
                                subclauses (VI) and (VII) of 
                                paragraph (1)(B)(i).
                                  (II) Exception.--The plan 
                                described in clause (i) may 
                                propose to use more than 25 
                                percent of the funding made 
                                available for infrastructure 
                                projects eligible under 
                                subclauses (VI) and (VII) of 
                                paragraph (1)(B)(i) if the plan 
                                certifies that--
                                          (aa) ecosystem 
                                        restoration needs in 
                                        the State will be 
                                        addressed by the 
                                        projects in the 
                                        proposed plan; and
                                          (bb) additional 
                                        investment in 
                                        infrastructure is 
                                        required to mitigate 
                                        the impacts of the 
                                        Deepwater Horizon Oil 
                                        Spill to the ecosystem 
                                        or economy.
                          (iii) Development.--The plan 
                        described in clause (i) shall be 
                        developed by--
                                  (I) in the State of Alabama, 
                                the Alabama Gulf Coast Recovery 
                                Council established under 
                                paragraph (1)(F)(i);
                                  (II) in the State of Florida, 
                                a consortia of local political 
                                subdivisions that includes at a 
                                minimum 1 representative of 
                                each affected county;
                                  (III) in the State of 
                                Louisiana, the Coastal 
                                Protection and Restoration 
                                Authority of Louisiana;
                                  (IV) in the State of 
                                Mississippi, the Office of the 
                                Governor or an appointee of the 
                                Office of the Governor; and
                                  (V) in the State of Texas, 
                                the Office of the Governor or 
                                an appointee of the Office of 
                                the Governor.
                          (iv) Approval.--Not later than 60 
                        days after the date on which a plan is 
                        submitted under clause (i), the Council 
                        shall approve or disapprove the plan 
                        based on the conditions of clause (i).
                  (C) Disapproval.--If the Council disapproves 
                a plan pursuant to subparagraph (B)(iv), the 
                Council shall--
                          (i) provide the reasons for 
                        disapproval in writing; and
                          (ii) consult with the State to 
                        address any identified deficiencies 
                        with the State plan.
                  (D) Failure to submit adequate plan.--If a 
                State fails to submit an adequate plan under 
                this paragraph, any funds made available under 
                this paragraph shall remain in the Trust Fund 
                until such date as a plan is submitted and 
                approved pursuant to this paragraph.
                  (E) Judicial review.--If the Council fails to 
                approve or take action within 60 days on a 
                plan, as described in subparagraph (B)(iv), the 
                State may obtain expedited judicial review 
                within 90 days of that decision in a district 
                court of the United States, of appropriate 
                jurisdiction and venue, that is located within 
                the State seeking the review.
                  (F) Cost-sharing.--
                          (i) In general.--A Gulf Coast State 
                        or coastal political subdivision may 
                        use, in whole or in part, amounts made 
                        available to that Gulf Coast State or 
                        coastal political subdivision under 
                        this paragraph to satisfy the non-
                        Federal share of any project or program 
                        that--
                                  (I) is authorized by other 
                                Federal law; and
                                  (II) is an eligible activity 
                                described in clause (i) or (ii) 
                                of paragraph (1)(B).
                          (ii) Effect on other funds.--The use 
                        of funds made available from the Trust 
                        Fund under this paragraph to satisfy 
                        the non-Federal share of the cost of a 
                        project or program described in clause 
                        (i) shall not affect the priority in 
                        which other Federal funds are allocated 
                        or awarded.
          (4) Authorization of interest transfers.--Of the 
        total amount made available for any fiscal year from 
        the Trust Fund that is equal to the interest earned by 
        the Trust Fund and proceeds from investments made by 
        the Trust Fund in the preceding fiscal year--
                  (A) 50 percent shall be divided equally 
                between--
                          (i) the Gulf Coast Ecosystem 
                        Restoration Science, Observation, 
                        Monitoring, and Technology program 
                        authorized in section 1604 of the 
                        Resources and Ecosystems 
                        Sustainability, Tourist Opportunities, 
                        and Revived Economies of the Gulf Coast 
                        States Act of 2012; and
                          (ii) the centers of excellence 
                        research grants authorized in section 
                        1605 of that Act; and
                  (B) 50 percent shall be made available to the 
                Gulf Coast Ecosystem Restoration Council to 
                carry out the Comprehensive Plan pursuant to 
                paragraph (2).

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                       OIL POLLUTION ACT OF 1990



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TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION

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SEC. 1017. LITIGATION, JURISDICTION, AND VENUE.

  (a) Review of Regulations.--Review of any regulation 
promulgated under this Act may be had upon application by any 
interested person only in the Circuit Court of Appeals of the 
United States for the District of Columbia. Any such 
application shall be made within 90 days from the date of 
promulgation of such regulations. Any matter with respect to 
which review could have been obtained under this subsection 
shall not be subject to judicial review in any civil or 
criminal proceeding for enforcement or to obtain damages or 
recovery of response costs.
  (b) Jurisdiction.--Except as provided in subsections (a) and 
(c), the United States district courts shall have exclusive 
original jurisdiction over all controversies arising under this 
Act, without regard to the citizenship of the parties or the 
amount in controversy. Venue shall lie in any district in which 
the discharge or injury or damages occurred, or in which the 
defendant resides, may be found, has its principal office, or 
has appointed an agent for service of process. For the purposes 
of this section, the Fund shall reside in the District of 
Columbia.
  (c) State Court Jurisdiction.--A State trial court of 
competent jurisdiction over claims for removal costs or 
damages, as defined under this Act, may consider claims under 
this Act or State law and any final judgment of such court 
(when no longer subject to ordinary forms of review) shall be 
recognized, valid, and enforceable for all purposes of this 
Act.
  (d) Assessment and Collection of Tax.--The provisions of 
subsections (a), (b), and (c) shall not apply to any 
controversy or other matter resulting from the assessment or 
collection of any tax, or to the review of any regulation 
promulgated under the Internal Revenue Code of 1986.
  (e) Savings Provision.--Nothing in this title shall apply to 
any cause of action or right of recovery arising from any 
incident which occurred prior to the date of enactment of this 
title. Such claims shall be adjudicated pursuant to the law 
applicable on the date of the incident.
  (f) Period of Limitations.--
          (1) Damages.--Except as provided in paragraphs (3) 
        and (4), an action for damages under this Act shall be 
        barred unless the action is brought within 3 years 
        after--
                  (A) the date on which the loss and the 
                connection of the loss with the discharge in 
                question are reasonably discoverable with the 
                exercise of due care, or
                  (B) in the case of natural resource damages 
                under section 1002(b)(2)(A), the date of 
                completion of the natural resources damage 
                assessment under section 1006(c).
          (2) Removal costs.--An action for recovery of removal 
        costs referred to in section 1002(b)(1) must be 
        commenced within 3 years after completion of the 
        removal action. In any such action described in this 
        subsection, the court shall enter a declaratory 
        judgment on liability for removal costs or damages that 
        will be binding on any subsequent action or actions to 
        recover further removal costs or damages. Except as 
        otherwise provided in this paragraph, an action may be 
        commenced under this title for recovery of removal 
        costs at any time after such costs have been incurred.
          (3) Contribution.--No action for contribution for any 
        removal costs or damages may be commenced more than 3 
        years after--
                  (A) the date of judgment in any action under 
                this Act for recovery of such costs or damages, 
                or
                  (B) the date of entry of a judicially 
                approved settlement with respect to such costs 
                or damages.
          (4) Subrogation.--No action based on rights 
        subrogated pursuant to this Act by reason of payment of 
        a claim may be commenced under this Act more than 3 
        years after the date of payment of such claim.
          (5) Commencement.--The time limitations contained 
        herein shall not begin to run--
                  (A) against a minor until the earlier of the 
                date when such minor reaches 18 years of age or 
                the date on which a legal representative is 
                duly appointed for such minor, or
                  (B) against an incompetent person until the 
                earlier of the date on which such incompetent's 
                incompetency ends or the date on which a legal 
                representative is duly appointed for such 
                incompetent.
  (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.

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