[House Report 118-495]
[From the U.S. Government Publishing Office]


118th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      118-495

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



 
                 COAST GUARD AUTHORIZATION ACT OF 2024

                                _______
                                

  May 8, 2024.--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. 7659]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 7659) 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...........................................    35
Background and Need for Legislation..............................    35
Hearings.........................................................    42
Legislative History and Consideration............................    43
Committee Votes..................................................    48
Committee Oversight Findings and Recommendations.................    50
New Budget Authority and Tax Expenditures........................    50
Congressional Budget Office Cost Estimate........................    50
Performance Goals and Objectives.................................    50
Duplication of Federal Programs..................................    51
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    51
Federal Mandates Statement.......................................    51
Preemption Clarification.........................................    51
Advisory Committee Statement.....................................    51
Applicability to Legislative Branch..............................    51
Section-by-Section Analysis of The Legislation...................    52
Changes in Existing Law Made by the Bill, as Reported............    62

    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 2024''.
  (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. Authorized levels of military strength and training.

                         TITLE II--COAST GUARD

                Subtitle A--Organization and Authorities

Sec. 201. Prohibition on use of lead systems integrators.
Sec. 202. Minor construction increase.
Sec. 203. Tsunami evacuation plans.
Sec. 204. Service life extension programs.
Sec. 205. Maritime domain awareness in Coast Guard sector for Puerto 
Rico and Virgin Islands.
Sec. 206. Public availability of information on monthly drug and 
migrant interdictions.
Sec. 207. Report on establishment of unmanned systems capabilities 
office.
Sec. 208. Great Lakes icebreaker.
Sec. 209. Consideration of life-cycle cost estimates for acquisition 
and procurement.
Sec. 210. Authorization of certain support for Coast Guard Academy 
foundations.
Sec. 211. National Coast Guard Museum.
Sec. 212. Regular Polar Security Cutter updates.
Sec. 213. Technology pilot program.
Sec. 214. Report on condition of Missouri River dayboards.
Sec. 215. Delegation of ports and waterways safety authorities in St. 
Lawrence seaway.
Sec. 216. Study on Coast Guard missions.
Sec. 217. Additional Pribilof Island transition completion actions.

                         Subtitle B--Personnel

Sec. 221. Direct hire authority for civilian faculty at the Coast Guard 
Academy.
Sec. 222. Temporary exemption from authorized end strength for Coast 
Guard enlisted members on active duty.
Sec. 223. Additional available guidance and considerations for reserve 
selection boards.
Sec. 224. Parental leave parity for members of certain reserve 
components of Coast Guard.
Sec. 225. Authorization for maternity uniform allowance for officers.
Sec. 226. Report on GAO recommendations on housing program.

                   TITLE III--SHIPPING AND NAVIGATION

                     Subtitle A--Vessel Operations

Sec. 301. Definitions.
Sec. 302. Notification.
Sec. 303. Publication of fines and penalties.

               Subtitle B--Merchant Mariner Credentialing

Sec. 311. Revising merchant mariner deck training requirements.
Sec. 312. Amendments.
Sec. 313. Renewal of merchant mariner licenses and documents.
Sec. 314. Merchant seamen licenses, certificates, and documents; 
manning of vessels.

                       Subtitle C--Vessel Safety

Sec. 321. Grossly negligent operations of a vessel.
Sec. 322. Administrative procedure for security risks.
Sec. 323. Requirements for DUKW amphibious passenger vessels.
Sec. 324. Risk based examination of tank vessels.
Sec. 325. Ports and waterways safety.
Sec. 326. Study on Bering Strait vessel traffic projections and 
emergency response posture at the port of Point Spencer, Alaska.
Sec. 327. Underwater inspections brief.
Sec. 328. St. Lucie River railroad bridge.
Sec. 329. Rulemaking regarding port access routes.
Sec. 330. Articulated tug-barge manning.

                       Subtitle D--Other Matters

Sec. 341. Anchor handling activities.
Sec. 342. Establishment of National Advisory Committee on Autonomous 
Maritime Systems.
Sec. 343. Controlled substance onboard vessels.
Sec. 344. Nonoperating individual.
Sec. 345. Information on type approval certificates.
Sec. 346. Manning and crewing requirements for certain vessels, 
vehicles, and structures.
Sec. 347. Classification societies.
Sec. 348. Authority to establish safety zones for special activities in 
exclusive economic zone.
Sec. 349. Fishing vessel and fisherman training safety.
Sec. 350. Authority over Deepwater Port Act of 1974.
Sec. 351. National Offshore Safety Advisory Committee composition.
Sec. 352. Improving Vessel Traffic Service monitoring.
Sec. 353. Abandoned and derelict vessel removals.
Sec. 354. Near shore cable laying barge.
Sec. 355. Anchorages.

               TITLE IV--OIL POLLUTION INCIDENT LIABILITY

Sec. 401. Vessel response plans.
Sec. 402. Use of marine casualty investigations.
Sec. 403. Timing of review.
Sec. 404. Online incident reporting system.

   TITLE V--IMPLEMENTATION OF ACCOUNTABILITY AND TRANSPARENCY REVIEW 
                            RECOMMENDATIONS

Sec. 501. Implementation status of directed actions.
Sec. 502. Independent review of Coast Guard reforms.
Sec. 503. Requirement to maintain certain records.
Sec. 504. Study on Coast Guard Academy oversight.
Sec. 505. Providing for the transfer of a cadet who is the victim of a 
sexual assault or related offense.
Sec. 506. Designation of officers with particular expertise in military 
justice or healthcare.
Sec. 507. Direct hire authority for certain personnel of Coast Guard.
Sec. 508. Safe-to-report policy for Coast Guard.
Sec. 509. Modification of delivery date of Coast Guard sexual assault 
report.
Sec. 510. Higher-level review of board of determination decisions.
Sec. 511. Review of discharge or dismissal.
Sec. 512. Convicted sex offender as grounds for denial.
Sec. 513. Coast Guard Academy room reassignment.

                          TITLE VI--AMENDMENTS

Sec. 601. 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 
        2025 and 2026'';
          (2) in paragraph (1)--
                  (A) in subparagraph (A) by striking clauses (i) and 
                (ii) and inserting the following:
                  ``(i) $11,287,500,000 for fiscal year 2025; and
                  ``(ii) $11,851,875,000 for fiscal year 2026.'';
                  (B) in subparagraph (B) by striking ``$23,456,000'' 
                and inserting ``$25,570,000''; and
                  (C) in subparagraph (C) by striking ``$24,353,000'' 
                and inserting ``$26,848,500'';
          (3) in paragraph (2)(A) by striking clauses (i) and (ii) and 
        inserting the following:
                  ``(i) $3,477,600,000 for fiscal year 2025; and
                  ``(ii) $3,651,480,000 for fiscal year 2026.'';
          (4) in paragraph (3) by striking subparagraphs (A) and (B) 
        and inserting the following:
                  ``(A) $15,415,000 for fiscal year 2025; and
                  ``(B) $16,185,750 for fiscal year 2026.''; 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 purposes of 
        retired pay, payments under the Retired Serviceman's Family 
        Protection Plan and the Survivor Benefit Plan, payment for 
        career status bonuses, payment of continuation pay under 
        section 356 of title 37, concurrent receipts, combat-related 
        special compensation, and payments for medical care of retired 
        personnel and their dependents under chapter 55 of title 10, 
        $1,210,840,000 for fiscal year 2025.''.

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

  (a) Information Technology.--Of the amounts authorized to be 
appropriated under section 4902(2)(A) of title 14, United States Code--
          (1) for fiscal year 2025, $36,300,000 is authorized to 
        modernize the Coast Guard's information technology systems, of 
        which $11,000,000 is authorized to fund the acquisition, 
        development, and implementation of a new credentialing system 
        for the Merchant Mariner credentialing program; and
          (2) for fiscal year 2026, $36,300,000 is authorized to 
        modernize the Coast Guard's information technology systems.
  (b) Shoreside Infrastructure.--Of the amounts authorized to be 
appropriated under section 4902(2)(A) of title 14, United States Code--
          (1) for fiscal year 2025, $500,000,000 is authorized to fund 
        maintenance, construction, and repairs for Coast Guard 
        shoreside infrastructure, of which--
                  (A) $225,000,000 is authorized for the purposes of 
                improvements to facilities at the United States Coast 
                Guard Training Center Cape May in Cape May, New Jersey;
                  (B) $10,000,000 is authorized to fund the creation of 
                an infrastructure development plan for the Coast Guard 
                Academy in New London, Connecticut;
                  (C) $50,000,000 is authorized to complete repairs and 
                improvements of Chase Hall at the Coast Guard Academy 
                in New London, Connecticut, including remediation of 
                asbestos, lead, and mold and upgrading the electric 
                outlet availability and storage space in student rooms, 
                and making changes to house not more than 2 Officer 
                Candidates in a room;
                  (D) $70,000,000 is authorized for the purposes of 
                planning, designing, and building a floating drydock at 
                the United States Coast Guard Yard in Baltimore, 
                Maryland;
                  (E) $40,000,000 is authorized for the purposes of 
                planning, designing, and building a hangar to house, at 
                a minimum, 2 HC-130J Super Hercules aircraft at Air 
                Station Barbers Point in Kapolei, Hawaii; and
                  (F) $90,000,000 is authorized to fund waterfront 
                improvements of Coast Guard Base Seattle; and
          (2) for fiscal year 2026, $600,000,000 is authorized to fund 
        maintenance, construction, and repairs for Coast Guard 
        shoreside infrastructure, of which--
                  (A) $125,000,000 is authorized for the purposes of 
                improvements to facilities at the United States Coast 
                Guard Training Center Cape May in Cape May, New Jersey;
                  (B) $100,000,000 is authorized to execute the 
                infrastructure development plan for the Coast Guard 
                Academy in New London, Connecticut developed in 
                paragraph (1)(C);
                  (C) $100,000,000 is authorized for the purposes of 
                planning, designing, and building a floating drydock at 
                the United States Coast Guard Yard in Baltimore, 
                Maryland;
                  (D) $40,000,000 is authorized for the purposes of 
                planning, designing, and building a hangar to house at 
                a minimum 2 HC-130J Super Hercules aircraft at Air 
                Station Barbers Point in Kapolei, Hawaii; and
                  (E) $90,000,000 is authorized to fund waterfront 
                improvements of Coast Guard Base Seattle.

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

  (a) Fiscal Year 2025.--Of the amounts authorized to be appropriated 
under section 4902(2)(A) of title 14, United States Code, for fiscal 
year 2025--
          (1) $138,500,000 is authorized for the acquisition or 
        procurement of 1 missionized HC-130J Super Hercules aircraft; 
        and
          (2) $36,000,000 is authorized for the service life extension 
        program and any necessary upgrades of the 47-foot Motor Life 
        Boat.
  (b) Fiscal Year 2026.--Of the amounts authorized to be appropriated 
under section 4902(2)(A) of title 14, United States Code, for fiscal 
year 2026--
          (1) $1,200,000,000 is authorized for the acquisition of a 
        Polar Security Cutter;
          (2) $1,100,000,000 is authorized for the acquisition of 2 
        Offshore Patrol Cutters;
          (3) $138,500,000 is authorized for the acquisition or 
        procurement of 1 missionized HC-130J Super Hercules aircraft; 
        and
          (4) $153,500,000 is authorized to outfit and assemble 5 MH-
        60T Jayhawk aircrafts.

SEC. 104. AUTHORIZATION FOR CERTAIN PROGRAMS AND SERVICES.

  (a) Fiscal Year 2025.--Of the amounts authorized to be appropriated 
under section 4902(1)(A) of title 14, United States Code, for fiscal 
year 2025--
          (1) $11,978,000 is authorized to fund additional recruiting 
        personnel and offices for the Coast Guard Recruiting Command;
          (2) $9,000,000 is authorized to enhance Coast Guard 
        recruiting capabilities; and
          (3) $25,000,000 is authorized for the implementation of each 
        directed action outlined in enclosure 1 of the memorandum of 
        the Commandant titled ``Commandant's Directed Actions-
        Accountability and Transparency'', dated November 27, 2023.
  (b) Fiscal Year 2026.--Of the amounts authorized to be appropriated 
under section 4902(1)(A) of title 14, United States Code, $35,000,000 
is authorized for the implementation of each directed action outlined 
in enclosure 1 of the memorandum of the Commandant titled 
``Commandant's Directed Actions-Accountability and Transparency'', 
dated November 27, 2023.

SEC. 105. 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 2025 and 2026''; and
          (2) in subsection (b) by striking ``fiscal years 2022 and 
        2023'' and inserting ``fiscal years 2025 and 2026''.

                         TITLE II--COAST GUARD

                Subtitle A--Organization and Authorities

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) Lead Systems Integrator Defined.--In this section, the term 
`lead systems integrator' has the meaning given such term in section 
805(c) of the National Defense Authorization Act for Fiscal Year 2006 
(Public Law 109-163).''.

SEC. 202. 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. 203. 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. 204. 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) Service Life Extension Program Defined.--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 title 14, 
United States Code, is amended by inserting after the item relating to 
section 1137 the following:

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

SEC. 205. 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. 206. 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. 207. REPORT ON ESTABLISHMENT OF 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 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report that outlines a plan for establishing an unmanned systems 
capabilities office within the Coast Guard responsible for the 
acquisition and development of unmanned system and counter-unmanned 
system technologies and to expand the capabilities of the Coast Guard 
with respect to such technologies.
  (b) Contents.--The report required under subsection (a) shall include 
the following:
          (1) A management strategy for the acquisition, development, 
        and deployment of unmanned system and counter-unmanned system 
        technologies.
          (2) A service-wide coordination strategy to synchronize and 
        integrate efforts across the Coast Guard in order to--
                  (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 such term is defined 
        in section 44801 of title 49, United States Code).
          (2) Unmanned system.--The term ``unmanned system'' means an 
        unmanned surface, undersea, or aircraft and associated elements 
        (including communication links and the components that control 
        the unmanned system) that are required for the operator to 
        operate the system safely and efficiently, including an 
        unmanned aircraft system (as such term is defined in section 
        44801 of title 49, United States Code).

SEC. 208. 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.

SEC. 209. CONSIDERATION OF LIFE-CYCLE COST ESTIMATES FOR ACQUISITION 
                    AND PROCUREMENT.

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

``Sec. 1139. Consideration of life-cycle cost estimates for acquisition 
                    and procurement

  ``In carrying out the acquisition and procurement of vessels and 
aircraft, the Secretary of the department in which the Coast Guard is 
operating, acting through the Commandant of the Coast Guard, shall 
consider the life-cycle cost estimates of vessels and aircraft, as 
applicable, during the design and evaluation processes to the maximum 
extent practicable.''.
  (b) Clerical Amendment.--The analysis for chapter 11 of title 14, 
United States Code, is amended by inserting after the item relating to 
section 1138 (as added by this Act) the following:

``1139. Consideration of life-cycle cost estimates for acquisition and 
procurement.''.

SEC. 210. AUTHORIZATION OF CERTAIN SUPPORT FOR COAST GUARD ACADEMY 
                    FOUNDATIONS.

  (a) In General.--Subchapter I of chapter 19 of title 14, United 
States Code, is amended by adding at the end the following:

``Sec. 1907. Authorization of certain support for Coast Guard Academy 
                    foundations

  ``(a) Authority.--Subject to subsection (b) and pursuant to 
regulations prescribed by the Secretary of the department in which the 
Coast Guard is operating, the Superintendent of the Coast Guard Academy 
may authorize a covered foundation to use, on an unreimbursed basis, 
facilities or equipment of the Coast Guard Academy.
  ``(b) Limitations.--Use of facilities or equipment under subsection 
(a) may be provided only if such use has been reviewed and approved by 
an attorney of the Coast Guard and only if such use--
          ``(1) is without any liability of the United States to the 
        covered foundation;
          ``(2) does not affect the ability of any official or employee 
        of the Coast Guard, or any member of the armed forces, to carry 
        out any responsibility or duty in a fair and objective manner;
          ``(3) does not compromise the integrity or appearance of 
        integrity of any program of the Coast Guard, or any individual 
        involved in such a program;
          ``(4) does not include the participation of any cadet other 
        than participation in an honor guard at an event of the covered 
        foundation; and
          ``(5) complies with any applicable ethics regulations.
  ``(c) Briefing.--In any fiscal year during which the Superintendent 
of the Coast Guard Academy exercises the authority under subsection 
(a), the Commandant of the Coast Guard shall provide a briefing to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate not later than the last day of that fiscal 
year regarding the number of events or activities of a covered 
foundation supported by such exercise during such fiscal year.
  ``(d) Covered Foundation Defined.--In this section, the term `covered 
foundation' means a charitable, educational, or civic nonprofit 
organization under section 501(c)(3) of the Internal Revenue Code of 
1986, that the Secretary concerned determines operates exclusively to 
support, with respect to a Service Academy, any of the following:
          ``(1) Recruiting.
          ``(2) Parent or alumni development.
          ``(3) Academic, leadership, or character development.
          ``(4) Institutional development.
          ``(5) Athletics.''.
  (b) Clerical Amendment.--The analysis for chapter 19 of title 14, 
United States Code, is amended by inserting after the item relating to 
section 1906 the following:

``1907. Authorization of certain support for Coast Guard Academy 
foundations.''.

SEC. 211. NATIONAL COAST GUARD MUSEUM.

  Section 316 of title 14, United States Code, is amended--
          (1) in subsection (b)--
                  (A) in paragraph (1) by striking ``The Secretary'' 
                and inserting ``Except as provided in paragraph (2), 
                the Secretary''; and
                  (B) in paragraph (2) by striking ``engineering and 
                design of a Museum'' and inserting ``design of a 
                Museum, and engineering, construction administration, 
                and quality assurance services of a Museum'';
          (2) by amending subsection (e)(2)(A) to read as follows:
          ``(A) lease from the Association for Coast Guard operations 
        the Museum and properties owned by the Association adjacent to 
        the railroad tracks to which the property on which the Museum 
        is located are adjacent; and''; and
          (3) by amending subsection (g) to read as follows:
  ``(g) Services.--With respect to the services related to the 
construction, maintenance, and operation of the Museum, the Commandant 
may--
          ``(1) solicit and accept services from nonprofit entities, 
        including the Association; and
          ``(2) enter into contracts or memorandums of agreement with 
        or make grants to the Association to acquire such services.''.

SEC. 212. REGULAR POLAR SECURITY CUTTER UPDATES.

  (a) Report.--
          (1) Report to congress.--Not later than 60 days after the 
        date of enactment of this Act, the Commandant shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the status of 
        acquisition of the first Polar Security Cutter.
          (2) Elements.--The report under paragraph (1) shall include--
                  (A) a detailed timeline for the acquisition process 
                of the first Polar Security Cutter, including expected 
                milestones and projected commissioning date;
                  (B) an accounting of the previously appropriated 
                funds spent to date on the Polar Security Cutter 
                Program, updated cost projections for the first Polar 
                Security Cutter, and projections for when additional 
                funds will be required;
                  (C) potential factors and risks that could further 
                delay or imperil the completion of the first Polar 
                Security Cutter; and
                  (D) a review of the acquisition of the first Polar 
                Security Cutter to date, including factors that led to 
                substantial cost overruns and delivery delays.
  (b) Briefings.--
          (1) Provision to congress.--Not later than 60 days after the 
        submission of the report under subsection (a), and not less 
        frequently than every 60 days thereafter, the Commandant shall 
        provide to the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a briefing on the 
        status of the Polar Security Cutter acquisition process.
          (2) Timeline.--The briefings under paragraph (1) shall occur 
        after any key milestone in the Polar Security Cutter 
        acquisition process, but not less frequently than every 60 
        days.
          (3) Elements.--Each briefing under paragraph (1) shall 
        include--
                  (A) a summary of acquisition progress since the most 
                recent previous briefing conducted pursuant to 
                paragraph (1);
                  (B) an updated timeline and budget estimate for 
                acquisition and building of pending Polar Security 
                Cutters; and
                  (C) an explanation of any delays or additional costs 
                incurred in the acquisition progress.
  (c) Notifications.--In addition to the briefings required under 
subsection (b), the Commandant shall notify the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate 
within 3 business days of any significant change to the scope or 
funding level of the Polar Security Cutter acquisition strategy of such 
change.

SEC. 213. TECHNOLOGY PILOT PROGRAM.

  Section 319(b)(1) of title 14, United States Code, is amended by 
striking ``2'' and inserting ``4''.

SEC. 214. REPORT ON CONDITION OF MISSOURI RIVER DAYBOARDS.

  (a) Provision to Congress.--Not later than 180 days after the date of 
enactment of this Act, the Commandant shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the condition of dayboards and the placement of buoys on the 
Missouri River.
  (b) Elements.--The report under paragraph (1) shall include--
          (1) a list of the most recent date on which each dayboard and 
        buoy was serviced by the Coast Guard;
          (2) an overview of the plan of the Coast Guard to 
        systematically service each dayboard and buoy on the Missouri 
        River; and
          (3) assigned points of contact.

SEC. 215. DELEGATION OF PORTS AND WATERWAYS SAFETY AUTHORITIES IN ST. 
                    LAWRENCE SEAWAY.

  Section 70032 of title 46, United States Code, is amended to read as 
follows:

``Sec. 70032. Saint Lawrence Seaway

  ``(a) In General.--Except as provided in subsection (b), the 
authority granted to the Secretary under sections 70001, 70002, 70003, 
70004, and 70011 may not be delegated with respect to the Saint 
Lawrence Seaway to any agency other than the Great Lakes Saint Lawrence 
Seaway Development Corporation. Any other authority granted the 
Secretary under subchapters I through III and this subchapter shall be 
delegated by the Secretary to the Great Lakes Saint Lawrence Seaway 
Development Corporation to the extent the Secretary determines such 
delegation is necessary for the proper operation of the Saint Lawrence 
Seaway.
  ``(b) Exception.--The Secretary of the department in which the Coast 
Guard is operating, after consultation with the Secretary of 
Transportation, or the head of an agency to which the Secretary has 
delegated the authorities in subsection (a), may--
          ``(1) issue and enforce special orders in accordance with 
        section 70002;
          ``(2) establish 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, as permitted in section 
        70011(b)(2); and
          ``(3) take actions for port, harbor, and coastal facility 
        security in accordance with section 70116.''.

SEC. 216. STUDY ON COAST GUARD MISSIONS.

  (a) Study.--
          (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Commandant shall seek to enter into 
        an agreement with a federally funded research and development 
        center with relevant expertise under which such center shall 
        conduct an assessment of the operational capabilities and 
        ability of the Coast Guard to conduct the primary duties of the 
        Coast Guard under section 102 of title 14, United States Code, 
        and missions under section 888 of the Homeland Security Act of 
        2002 (6 U.S.C. 468).
          (2) Elements.--In carrying out the assessment required under 
        paragraph (1), the federally funded research and development 
        center selected under such subsection shall, with respect to 
        the primary duties and missions described in paragraph (1), 
        include the following:
                  (A) An analysis of the extent to which the Coast 
                Guard is able to effectively carry out such duties and 
                missions.
                  (B) Recommendations for the Coast Guard to more 
                effectively carry out such duties and missions, in 
                light of manpower and asset constraints.
                  (C) Recommendations of which such duties and missions 
                should be transferred to other departments or 
                eliminated in light of the manpower and asset 
                constraints of the Coast Guard.
                  (D) An analysis of the benefits and drawbacks of 
                transferring the Coast Guard or any of the duties and 
                missions of the Coast Guard to other appropriate 
                Federal departments or independent agencies.
  (b) Assessment to Commandant.--Not later than 1 year after the date 
on which Commandant enters into an agreement under section (a), the 
federally funded research and development center selected under such 
subsection shall submit to the Commandant the assessment required under 
subsection (a).
  (c) Report to Congress.--
          (1) In general.--Not later than 90 days after receipt of the 
        assessment under subsection (b), the Commandant shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report that includes 
        recommendations included in the assessment to strengthen the 
        ability of the Coast Guard to carry out such duties and 
        missions.
          (2) Elements.--The report required under paragraph (1) shall 
        include the following:
                  (A) The assessment received by the Commandant under 
                subsection (b).
                  (B) For each recommendation included in the such 
                assessment--
                          (i) an assessment by the Commandant of the 
                        feasibility and advisability of implementing 
                        such recommendation; and
                          (ii) if the Commandant of the Coast Guard 
                        considers the implementation of such 
                        recommendation feasible and advisable, a 
                        description of the actions taken, or to be 
                        taken, to implement such recommendation.

SEC. 217. ADDITIONAL PRIBILOF ISLAND TRANSITION COMPLETION ACTIONS.

  Section 11221 of the Don Young Coast Guard Authorization Act of 2022 
(Public Law 117-263) is amended by adding at the end the following:
  ``(e) Additional Reports on Status of Use of Facilities and 
Helicopter Basing.--Beginning with the first quarterly report required 
under subsection (a) submitted after the date of enactment of the Coast 
Guard Authorization Act of 2024, the Secretary shall include in each 
such report--
          ``(1) the status of the use of recently renovated Coast Guard 
        housing facilities, food preparation facilities, and 
        maintenance and repair facilities on St. Paul Island, Alaska, 
        including a projected date for full use and occupancy of such 
        facilities in support of Coast Guard missions in the Bering 
        Sea; and
          ``(2) a detailed plan for the acquisition and construction of 
        a hangar in close proximity to existing St. Paul airport 
        facilities to house 1 or more Coast Guard helicopters for the 
        prosecution of Coast Guard operational missions, including 
        plans for the use of land needed for such hangar.''.

                         Subtitle B--Personnel

SEC. 221. DIRECT HIRE AUTHORITY FOR CIVILIAN FACULTY AT THE COAST GUARD 
                    ACADEMY.

  Section 1941 of title 14, United States Code, is amended--
          (1) by redesignating subsection (b) as subsection (c); and
          (2) by inserting after subsection (a) the following:
  ``(b) The Secretary may, without regard to the appointment 
requirements of title 5, United States Code, noncompetitively appoint a 
highly qualified candidate to a faculty position in the excepted 
service.''.

SEC. 222. TEMPORARY EXEMPTION FROM AUTHORIZED END STRENGTH FOR COAST 
                    GUARD ENLISTED MEMBERS ON ACTIVE DUTY.

  Notwithstanding section 517 of title 10, United States Code, and 
until October 1, 2027, the authorized end strength for enlisted members 
on active duty (other than for training) in the Coast Guard in pay 
grades E-8 and E-9 may be more than 3.0 percent and 1.25 percent 
respectively of the number of enlisted members of the Coast Guard who 
are on active duty other than for training.

SEC. 223. ADDITIONAL AVAILABLE GUIDANCE AND CONSIDERATIONS FOR RESERVE 
                    SELECTION BOARDS.

  Section 3740(f) of title 14, United States Code, is amended by 
striking ``section 2117'' and inserting ``sections 2115 and 2117''.

SEC. 224. PARENTAL LEAVE PARITY FOR MEMBERS OF CERTAIN RESERVE 
                    COMPONENTS OF COAST GUARD.

  (a) Parental Leave.--
          (1) In general.--Subchapter I of chapter 29 of title 14, 
        United States Code, is amended by adding at the end the 
        following:

``Sec. 2907. Parental leave for members of certain reserve components 
                    of Coast Guard

  ``(a)(1) Under regulations prescribed by the Secretary, a member of 
the reserve component of the Coast Guard described in subsection (b) is 
allowed parental leave for a duration of up to 12 inactive-duty 
training periods, under section 206 of title 37, during the one-year 
period beginning after the following events:
          ``(A) the birth or adoption of a child of the member and to 
        care for such child; or
          ``(B) the placement of a minor child with the member for 
        adoption or long-term foster care.
  ``(2)(A) The Secretary of the department in which the Coast Guard is 
operating, may authorize leave described under subparagraph (A) to be 
taken after the one-year period described in subparagraph (A) in the 
case of a member described in subsection (b) who, except for this 
subparagraph, would lose unused parental leave at the end of the one-
year period described in subparagraph (A) as a result of--
          ``(i) operational requirements;
          ``(ii) professional military education obligations; or
          ``(iii) other circumstances that the Secretary determines 
        reasonable and appropriate.
  ``(B) The regulations prescribed under clause (i) shall require that 
any leave authorized to be taken after the one-year period described in 
subparagraph (A) shall be taken within a reasonable period of time, as 
determined by the Secretary in which the department is operating, after 
cessation of the circumstances warranting the extended deadline.
  ``(b) A member described in this subsection is a member of the Coast 
Guard who is a member of--
          ``(1) the selected reserve who is entitled to compensation 
        under section 206 of title 37; or
          ``(2) the individual ready reserve who is entitled to 
        compensation under section 206 of title 37 when attending or 
        participating in a sufficient number of periods of inactive-
        duty training during a year to count the year as a qualifying 
        year of creditable service toward eligibility for retired 
        pay.''.
          (2) Clerical amendment.--The analysis for chapter 29 of title 
        14, United States Code, is amended by inserting after the item 
        relating to section 2906 the following:

``2907. Parental leave for members of certain reserve components of 
Coast Guard.''.

  (b) Compensation.--Section 206(a)(4) of title 37, United States Code, 
is amended by inserting before the period at the end ``or parental 
leave under section 2907 of title 14''.

SEC. 225. AUTHORIZATION FOR MATERNITY UNIFORM ALLOWANCE FOR OFFICERS.

  Section 2708 of title 14, United States Code, is amended by adding at 
the end the following:
  ``(c) The Coast Guard may provide a cash allowance in such amount as 
the Secretary of the department in which the Coast Guard is operating 
shall determine in regulations to be paid to pregnant officer personnel 
for the purchase of maternity-related uniform items if such uniform 
items are not so furnished to the member.''.

SEC. 226. REPORT ON GAO RECOMMENDATIONS ON HOUSING PROGRAM.

  Not later than 1 year after the date of enactment of this Act, the 
Commandant shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
status of the implementation of the recommendations contained in the 
report of the Government Accountability Office titled ``Coast Guard: 
Better Feedback Collection and Information Could Enhance Housing 
Program'', and issued February 5, 2024 (GAO-24-106388).

                   TITLE III--SHIPPING AND NAVIGATION

                     Subtitle A--Vessel Operations

SEC. 301. 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. 302. 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. 303. 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 B--Merchant Mariner Credentialing

SEC. 311. 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) General requirements for members of engine departments.--
        Section 7313(b) of title 46, United States Code, is amended by 
        striking ``and coal passer''.
          (4) 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) Reduction of Lengths of Certain Periods of Service.--
          (1) In general.--Title 46, United States Code, is amended as 
        follows:
                  (A) Section 7307 is amended by striking ``3 years'' 
                and inserting ``18 months''.
                  (B) Section 7308 is amended by striking ``18 months'' 
                and inserting ``12 months''.
                  (C) Section 7309 is amended by striking ``12 months'' 
                and inserting ``6 months''.
          (2) Temporary reduction of lengths of certain periods of 
        service.--Section 3534(j) of the National Defense Authorization 
        Act for Fiscal Year 2024 (Public Law 118-31) is repealed.
  (e) Merchant Mariner Credentials.--Section 7510 of title 46, United 
States Code, is amended by striking subsection (d).
  (f) Implementation.--The Secretary of the department in which the 
Coast Guard is operating shall implement the amended requirements under 
subsections (c)(3), (c)(4), and (c)(6) of this section without regard 
to chapters 5 and 6 of title 5, United States Code, and Executive 
Orders 12866 and 13563 (5 U.S.C. 601 note).

SEC. 312. AMENDMENTS.

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

SEC. 313. 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.''.

SEC. 314. 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 noncitizen nationality notation on merchant 
mariners' documents.''.

  (c) Citizenship or Noncitizen Nationality.--
          (1) In general.--Section 8103 of title 46, United States 
        Code, is amended--
                  (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 C--Vessel Safety

SEC. 321. 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. 322. 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--'';
          (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. 323. REQUIREMENTS FOR DUKW AMPHIBIOUS PASSENGER VESSELS.

  Section 11502 of the James M. Inhofe National Defense Authorization 
Act for Fiscal Year 2023 (Public Law 117-263) is amended--
          (1) in the section header by striking ``dukw amphibious 
        passenger vessels'' and inserting ``commercial amphibious small 
        passenger vessels'';
          (2) by striking ``DUKW amphibious passenger vessel'' each 
        place it appears and inserting ``commercial amphibious small 
        passenger vessel'';
          (3) by striking ``DUKW amphibious passenger vessels'' each 
        place it appears and inserting ``commercial amphibious small 
        passenger vessels'';
          (4) in subsection (h)--
                  (A) by striking ``Definitions'' and all that follows 
                through ``The term `appropriate congressional 
                committees''' and inserting ``Appropriate Congressional 
                Committees Defined.--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 2024).''.

SEC. 324. RISK BASED EXAMINATION OF TANK VESSELS.

  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) Risk-based Examination.--
          ``(1) In general.--With respect to examinations of foreign-
        flagged vessels to which this chapter applies, the Secretary 
        may adopt a risk-based examination schedule to which such 
        vessels shall be examined and the frequency with which the 
        examinations occur.
          ``(2) Restriction.--The Secretary may not adopt a risk-based 
        examination schedule under paragraph (1) until the Secretary 
        has--
                  ``(A) received and reviewed the study by the National 
                Academies required under section 8254(b) of the William 
                M. (Mac) Thornberry National Defense Authorization Act 
                for Fiscal Year 2021 (Public Law 116-283);
                  ``(B) conducted the assessment recommended in the 
                report of the Government Accountability Office 
                submitted under section 8254(a) of such Act;
                  ``(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.''.

SEC. 325. 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. 326. 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 Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report containing the findings and recommendations of the study.
  (e) Definitions.--In this section:
          (1) Arctic.--The term ``Arctic'' has the meaning given such 
        term in section 112 of the Arctic Research and Policy Act of 
        1984 (15 U.S.C. 4111).
          (2) Port coordination council for the port of point 
        spencer.--The term ``Port Coordination Council for the Port of 
        Point Spencer'' means the Council established under section 541 
        of the Coast Guard Authorization Act of 2015 (Public Law 114-
        120).

SEC. 327. 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. 328. ST. LUCIE RIVER RAILROAD BRIDGE.

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

SEC. 329. RULEMAKING REGARDING PORT ACCESS ROUTES.

  Not later than 180 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating shall 
issue a final rule for the Atlantic Coast Port Route Access Study for 
which an Advanced Notice of Proposed Rulemaking titled ``Shipping 
Safety Fairways Along the Atlantic Coast'' was issued on June 19, 2020.

SEC. 330. ARTICULATED TUG-BARGE MANNING.

  Section 11508 of the James M. Inhofe National Defense Authorization 
Act for Fiscal Year 2023 (Public Law 117-263) is amended to read as 
follows:

``SEC. 11508. ARTICULATED TUG-BARGE MANNING.

  ``(a) In General.--Notwithstanding the watch setting requirements set 
forth in section 8104 of title 46, United States Code, or any other 
provision of law or regulation, an Officer in Charge, Marine Inspection 
may authorize a covered vessel--
          ``(1) when engaged on a domestic voyage of more than 600 
        miles, to be manned with a minimum number of 2 licensed 
        engineers in the engine department; and
          ``(2) when engaged on a voyage of less than 600 miles, to be 
        manned with a minimum number of 1 licensed engineer in the 
        engine department.
  ``(b) Covered Vessel Defined.--In this section, the term `covered 
vessel' means a towing vessel issued a certificate of inspection under 
subchapter M of chapter I of title 46, Code of Federal Regulations, 
which--
          ``(1) forms part of an articulated tug-barge unit; and
          ``(2) is either--
                  ``(A) equipped with engineering control and 
                monitoring systems of a type accepted by a recognized 
                classification society for a periodically unmanned 
                machinery space notation or accepted by the Commandant 
                for a periodically unattended machinery space 
                endorsement; or
                  ``(B) is a vessel that, prior to July 19, 2022, was 
                issued a minimum safe manning document or certificate 
                of inspection that authorized equivalent or less 
                manning levels.''.

                       Subtitle D--Other Matters

SEC. 341. ANCHOR HANDLING ACTIVITIES.

  Section 12111(d) of title 46, United States Code, is amended--
          (1) in paragraph (1)--
                  (A) 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
                  (B) 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''; and
          (2) by adding at the end the following:
          ``(3) Energy production or transmission facility defined.--In 
        this subsection, the term `energy production or transmission 
        facility' means a floating offshore facility that is--
                  ``(A) not a vessel;
                  ``(B) securely and substantially moored to the 
                seabed, but not by driven pile anchors; and
                  ``(C) equipped with wind turbines which are used for 
                the generation and transmission of non-mineral energy 
                resources.''.

SEC. 342. ESTABLISHMENT OF 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 National Advisory Committee on 
                    Autonomous Maritime Systems

  ``(a) Establishment.--There is established a National Advisory 
Committee on Autonomous Maritime Systems (in this section referred to 
as the `Committee').
  ``(b) Function.--The Committee shall advise the Secretary on matters 
relating to the regulation and use of Autonomous Systems within the 
territorial waters of the United States.
  ``(c) Membership.--
          ``(1) In general.--The Committee shall consist of 9 members 
        appointed by the Secretary in accordance with this section and 
        section 15109.
          ``(2) Expertise.--Each member of the Committee shall have 
        particular expertise, knowledge, and experience in matters 
        relating to the function of the Committee.
          ``(3) Representation.--Each of the following groups shall be 
        represented by at least 1 member on the Committee:
                  ``(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 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 in section 2 of the 
Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-
282) is amended by inserting after the item relating to section 903 the 
following:

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

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 
        of the department in which the Coast Guard is operating shall 
        submit to Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report containing 
        information on each letter of nonapplicability of section 8109 
        of title 46, United States Code, with respect to a covered 
        facility that was issued by the Secretary during the preceding 
        year.
          (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.''.

SEC. 348. AUTHORITY TO ESTABLISH SAFETY ZONES FOR SPECIAL ACTIVITIES IN 
                    EXCLUSIVE ECONOMIC ZONE.

  (a) Repeal.--Section 8343 of the William M. (Mac) Thornberry National 
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is 
repealed.
  (b) Special Activities in Exclusive Economic Zone.--Subchapter I of 
chapter 700 of title 46, United States Code, is amended by adding at 
the end the following:

``Sec. 70008. Special activities in exclusive economic zone

  ``(a) In General.--The Secretary of the department in which the Coast 
Guard is operating may establish safety zones to address special 
activities in the exclusive economic zone.
  ``(b) Definitions.--In this section:
          ``(1) Safety zone.--The term `safety zone'--
                  ``(A) means a water area, shore area, or water and 
                shore area to which, for safety or environmental 
                purposes, access is limited to authorized persons, 
                vehicles, or vessels; and
                  ``(B) may be stationary and described by fixed limits 
                or may be described as a zone around a vessel in 
                motion.
          ``(2) Special activities.--The term `special activities' 
        includes--
                  ``(A) space activities, including launch and reentry 
                (as such terms are defined in section 50902 of title 
                51) carried out by United States citizens; and
                  ``(B) offshore energy development activities, as 
                described in section 8(p)(1)(C) of the Outer 
                Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)), 
                on or near fixed platforms (as such term is defined in 
                section 2281(d) of title 18).
          ``(3) United states citizen.--The term `United States 
        citizen' has the meaning given the term `eligible owners' in 
        section 12103 of title 46, United States Code.''.
  (c) Clerical Amendment.--The analysis for chapter 700 of title 46, 
United States Code, is amended by inserting after the item relating to 
section 70007 the following:

``70008. Special activities in exclusive economic zone.''.

SEC. 349. FISHING VESSEL AND FISHERMAN TRAINING SAFETY.

  Section 4502 of title 46, United States Code, is amended--
          (1) in subsection (i)--
                  (A) in paragraph (1)--
                          (i) in subparagraph (A)(ii) by striking ``; 
                        and'' and inserting a semicolon;
                          (ii) by redesignating subparagraph (B) as 
                        subparagraph (C); and
                          (iii) by inserting after subparagraph (A) the 
                        following:
                  ``(B) to conduct safety and prevention training that 
                addresses behavioral and physical health risks, to 
                include substance use disorder and worker fatigue, 
                facing fishing vessel operators and crewmembers; and'';
                  (B) in paragraph (2)--
                          (i) by striking ``, in consultation with and 
                        based on criteria established by the Commandant 
                        of the Coast Guard''; and
                          (ii) by striking ``subsection on a 
                        competitive basis'' and inserting the 
                        following: ``subsection--
                  ``(A) on a competitive basis; and
                  ``(B) based on criteria developed in consultation 
                with the Commandant of the Coast Guard''; and
                  (C) in paragraph (4) by striking ``$3,000,000 for 
                fiscal year 2023'' and inserting ``to the Secretary of 
                Health and Human Services $6,000,000 for each of fiscal 
                years 2025 and 2026''; and
          (2) in subsection (j)--
                  (A) in paragraph (1) by inserting ``, and 
                understanding and mitigating behavioral and physical 
                health risks, to include substance use disorder and 
                worker fatigue, facing members of the commercial 
                fishing industry'' after ``weather detection'';
                  (B) in paragraph (2)--
                          (i) by striking ``, in consultation with and 
                        based on criteria established by the Commandant 
                        of the Coast Guard,''; and
                          (ii) by striking ``subsection on a 
                        competitive basis'' and inserting the 
                        following: ``subsection--
                  ``(A) on a competitive basis; and
                  ``(B) based on criteria developed in consultation 
                with the Commandant of the Coast Guard''; and
                  (C) in paragraph (4) by striking ``$3,000,000 for 
                fiscal year 2023'' and inserting ``to the Secretary of 
                Health and Human Services $6,000,000 for each of fiscal 
                years 2025 and 2026''.

SEC. 350. AUTHORITY OVER DEEPWATER PORT ACT OF 1974.

  (a) In General.--Section 5(a) of the Deepwater Port Act of 1974 (33 
U.S.C. 1504(a)) is amended by striking the first sentence and inserting 
``Notwithstanding section 888(b) of the Homeland Security Act of 2002 
(6 U.S.C. 468(b)), the Secretary shall have the authority to issue 
regulations to carry out the purposes and provisions of this Act, in 
accordance with the provisions of section 553 of title 5, United States 
Code, without regard to subsection (a) thereof.''.
  (b) Affirming the Authority of Secretary of Transportation Over 
Environmental Reviews.--Section 5(f) of the Deepwater Port Act of 1974 
(33 U.S.C. 1504(f) is amended to read as follows:
  ``(f) Compliance.--Notwithstanding section 888(b) of the Homeland 
Security Act of 2002 (6 U.S.C. 468(b)), the Secretary, in cooperation 
with other involved Federal agencies and departments, shall comply with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
and act as the lead agency under section 4336a of title 42, United 
States Code, for all applications under this Act. Such compliance shall 
fulfill the requirement of all Federal agencies in carrying out their 
responsibilities under the National Environmental Policy Act of 1969 
pursuant to this chapter.''.
  (c) Regulations.--
          (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Commandant shall transfer the 
        authorities provided to the Coast Guard in part 148 of title 
        33, Code of Federal Regulations (as in effect on the date of 
        the enactment of this Act), except as provided in paragraph 
        (2), to the Secretary of Transportation.
          (2) Retention of authority.--The Commandant shall retain 
        responsibility for authorities pertaining to design, 
        construction, equipment, and operation of deepwater ports and 
        navigational safety.
          (3) Updates to authority.--As soon as practicable after the 
        date of enactment of this Act, the Secretary shall issue such 
        regulations as are necessary to reflect the updates to 
        authorities prescribed by this subsection.
  (d) Rule of Construction.--Nothing in this section, or the amendments 
made by this section, may be construed to limit the authorities of 
other governmental agencies previously delegated authorities of the 
Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.).
  (e) Applications.--Nothing in this section shall apply to any 
application submitted before the date of enactment of this Act.

SEC. 351. NATIONAL OFFSHORE SAFETY ADVISORY COMMITTEE COMPOSITION.

  Section 15106(c) of title 46, United States Code, is amended--
          (1) in paragraph (1) by striking ``15 members'' and inserting 
        ``17 members''; and
          (2) in paragraph (3) by adding at the end the following:
                  ``(L) 2 members shall represent entities engaged in 
                non-mineral energy activities on the Outer Continental 
                Shelf.''.

SEC. 352. IMPROVING VESSEL TRAFFIC SERVICE MONITORING.

  (a) Proximity of Anchorages to Pipelines.--
          (1) Implementation of restructuring plan.--Not later than 1 
        year after the date of enactment of this Act, the Commandant 
        shall implement the November 2021 proposed plan of the Vessel 
        Traffic Service Los Angeles-Long Beach for restructuring the 
        Federal anchorages in San Pedro Bay described on page 54 of the 
        Report of the National Transportation Safety Board titled 
        ``Anchor Strike of Underwater Pipeline and Eventual Crude Oil 
        Release'' and issued January 2, 2024.
          (2) Study.--The Secretary of the department in which the 
        Coast Guard is operating shall conduct a study to identify any 
        anchorage grounds other than the San Pedro Bay Federal 
        anchorages in which the distance between the center of an 
        approved anchorage ground and a pipeline is less than 1 mile.
          (3) Report.--
                  (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, the Commandant shall 
                submit to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate a report on the results of the study 
                required under paragraph (2).
                  (B) Contents.--The report under subparagraph (A) 
                shall include--
                          (i) a list of the anchorage grounds described 
                        under paragraph (2);
                          (ii) whether it is possible to move each such 
                        anchorage ground to provide a minimum distance 
                        of 1 mile; and
                          (iii) a recommendation of whether to move any 
                        such anchorage ground and explanation for the 
                        recommendation.
  (b) Proximity to Pipeline Alerts.--
          (1) Audible and visual alarms.--The Commandant shall consult 
        with the providers of vessel monitoring systems to add to the 
        monitoring systems for vessel traffic services audible and 
        visual alarms that alert the watchstander when an anchored 
        vessel is encroaching on a pipeline.
          (2) Notification procedures.--Not later than 1 year after the 
        date of enactment of this Act, the Commandant shall develop 
        procedures for all vessel traffic services to notify pipeline 
        and utility operators following potential incursions on 
        submerged pipelines within the vessel traffic service area of 
        responsibility.
          (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the Commandant 
        shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report on the implementation of paragraphs (1) and 
        (2).

SEC. 353. ABANDONED AND DERELICT VESSEL REMOVALS.

  (a) In General.--Chapter 47 of title 46, United States Code, is 
amended--
          (1) in the chapter heading by striking ``BARGES'' and 
        inserting ``VESSELS'';
          (2) by inserting before section 4701 the following:

                     ``SUBCHAPTER I--BARGES''; and

          (3) by adding at the end the following:

                   ``SUBCHAPTER II--NON-BARGE VESSELS

``Sec. 4710. Definitions

  ``In this subchapter:
          ``(1) Abandon.--The term `abandon' means to moor, strand, 
        wreck, sink, or leave a covered vessel unattended for longer 
        than 45 days.
          ``(2) Covered vessel.--The term `covered vessel' means a 
        vessel that is not a barge to which subchapter I applies.
          ``(3) Indian tribe.--The term `Indian Tribe' has the meaning 
        given such term in section 4 of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 5304).

``Sec. 4711. Abandonment of vessels prohibited

  ``(a) In General.--An owner or operator of a covered vessel may not 
abandon such vessel on the navigable waters of the United States.
  ``(b) Determination of Abandonment.--
          ``(1) Notification.--
                  ``(A) In general.--With respect to a covered vessel 
                that appears to be abandoned, the Commandant of the 
                Coast Guard shall--
                          ``(i) attempt to identify the owner using the 
                        vessel registration number, hull identification 
                        number, or any other information that can be 
                        reasonably inferred or gathered; and
                          ``(ii) notify such owner--
                                  ``(I) of the penalty described in 
                                subsection (c); and
                                  ``(II) that the vessel will be 
                                removed at the expense of the owner if 
                                the Commandant determines that the 
                                vessel is abandoned and the owner does 
                                not remove or account for the vessel.
                  ``(B) Form.--The Commandant shall provide the notice 
                required under subparagraph (A)--
                          ``(i) if the owner can be identified, via 
                        certified mail or other appropriate forms 
                        determined by the Commandant; or
                          ``(ii) if the owner cannot be identified, via 
                        an announcement in a local publication and on a 
                        website maintained by the Coast Guard.
          ``(2) Determination.--The Commandant shall make a 
        determination not earlier than 45 days after the date on which 
        the Commandant provides the notification required under 
        paragraph (1) of whether a covered vessel described in such 
        paragraph is abandoned.
  ``(c) Penalty.--
          ``(1) In general.--The Commandant may assess a civil penalty 
        of not more than $500 against an owner or operator of a covered 
        vessel determined to be abandoned under subsection (b) for a 
        violation of subsection (a).
          ``(2) Liability in rem.--The owner or operator of a covered 
        vessel shall also be liable in rem for a penalty imposed under 
        paragraph (1).
  ``(d) Vessels Not Abandoned.--The Commandant may not determine that a 
covered vessel is abandoned under this section if--
          ``(1) such vessel is located at a federally approved or State 
        approved mooring area;
          ``(2) such vessel is located on private property with the 
        permission of the owner of such property;
          ``(3) the owner or operator of such vessel provides a 
        notification to the Commandant that--
                  ``(A) indicates the location of the vessel;
                  ``(B) indicates that the vessel is not abandoned; and
                  ``(C) contains documentation proving that the vessel 
                is allowed to be in such location; or
          ``(4) the Commandant determines that such an abandonment 
        determination would not be in the public interest.

``Sec. 4712. Inventory of abandoned vessels

  ``(a) In General.--Not later than 1 year after the date of enactment 
of this section, the Commandant, in consultation with the Administrator 
of the National Oceanic and Atmospheric Administration and relevant 
State agencies, shall establish and maintain a national inventory of 
covered vessels that are abandoned.
  ``(b) Contents.--The inventory established and maintained under 
subsection (a) shall include data on each vessel, including geographic 
information system data related to the location of each such vessel.
  ``(c) Publication.--The Commandant shall make the inventory 
established under subsection (a) publicly available on a website of the 
Coast Guard.
  ``(d) Reporting of Potentially Abandoned Vessels.--In carrying out 
this section, the Commandant shall develop a process by which--
          ``(1) a State, Indian Tribe, or person may report a covered 
        vessel that may be abandoned to the Commandant for potential 
        inclusion in the inventory established under subsection (a); 
        and
          ``(2) the Commandant shall review any such report and add 
        such vessel to the inventory if the Commandant determines that 
        the reported vessel is abandoned pursuant to section 4711.''.
  (b) Rulemaking.--The Secretary of the department in which the Coast 
Guard is operating, in consultation with the Secretary of the Army, 
acting through the Chief of Engineers, and the Secretary of Commerce, 
acting through the Under Secretary for Oceans and Atmosphere, shall 
issue regulations with respect to the procedures for determining that a 
vessel is abandoned for the purposes of subchapter II of chapter 47 of 
title 46, United States Code (as added by this section).
  (c) Conforming Amendments.--Chapter 47 of title 46, United States 
Code, is amended--
          (1) in section 4701--
                  (A) in the matter preceding paragraph (1) by striking 
                ``chapter'' and inserting ``subchapter''; and
                  (B) in paragraph (2) by striking ``chapter'' and 
                inserting ``subchapter'';
          (2) in section 4703 by striking ``chapter'' and inserting 
        ``subchapter'';
          (3) in section 4704 by striking ``chapter'' each place it 
        appears and inserting ``subchapter''; and
          (4) in section 4705 by striking ``chapter'' and inserting 
        ``subchapter''.
  (d) Clerical Amendments.--The analysis for chapter 47 of title 46, 
United States Code, is amended--
          (1) by inserting before the item relating to section 4701 the 
        following:

                      ``subchapter i--barges''; and

          (2) by adding at the end the following:

                        ``subchapter ii--vessels

``4710. Definitions.
``4711. Abandonment of vessels prohibited.
``4712. Inventory of abandoned vessels.''.

SEC. 354. NEAR SHORE CABLE LAYING BARGE.

  (a) In General.--Until the date that is 2 years after the date of 
enactment of this Act, and notwithstanding subsection (b), the 
Secretary of the department in which the Coast Guard is operating may 
not enforce citizenship requirements under section 8103 of title 46, 
United States Code, or the credentialing requirements under section 
8701 of title 46, United States Code, with respect to a covered 
individual.
  (b) Training.--Until the date that is 2 years after the date of 
enactment of this Act, the Commandant shall ensure that operators of 
near shore cable lay vertical trenching injector equipment on barges on 
which covered individuals serve--
          (1) develop processes and requirements for conducting 
        certification and training such individuals; and
          (2) certify and train a sufficient cadre of qualified 
        individuals.
  (c) Definitions.--In this section:
          (1) Covered individual.--The term ``covered individual'' 
        means an individual, including near shore cable lay vertical 
        trenching injector operators or near shore cable laying 
        vertical trenching injector support personnel, who is--
                  (A) engaged on board a barge for the purpose of 
                operating specialized equipment, including a vertical 
                trenching injector, necessary to lay near shore power 
                cable in support of non-mineral energy exploration, 
                development, and production; and
                  (B) not--
                          (i) included in the complement of licensed 
                        individuals to be stated in the certificate of 
                        inspection issued under chapter 33 of title 46, 
                        United States Code, to be necessary by the 
                        Certificate of Inspection or to ensure the safe 
                        navigation of such vessel; or
                          (ii) a member of the steward's department on 
                        such a barge.
          (2) Qualified individual.--The term ``qualified individual'' 
        means an individual qualified to--
                  (A) serve on a vessel documented under chapter 121 of 
                the title 46, United States Code, under section 8103 of 
                such title;
                  (B) receive a merchant mariner credential under 
                section 8701 of title 46, United States Code; and
                  (C) available to operate and support the operation of 
                specialized near shore cable lay vertical trenching 
                injectors on United States-documented barges in support 
                of United States offshore non-mineral energy 
                exploration, development, and production.

SEC. 355. ANCHORAGES.

  Section 8437 of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is 
amended--
          (1) by striking subsections (d) and (e);
          (2) by redesignating subsection (c) as subsection (d); and
          (3) by inserting after subsection (b) the following:
  ``(c) Prohibition.--The Commandant shall prohibit any vessel 
anchoring on the reach of the Hudson River described in subsection (a) 
unless such anchoring is within any anchorage established before 
January 1, 2021.''.

               TITLE IV--OIL POLLUTION INCIDENT LIABILITY

SEC. 401. VESSEL RESPONSE PLANS.

  (a) In General.--Section 311(j)(6) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(j)(6)) is amended to read as follows:
          ``(6) Equipment requirements, verification, and inspection.--
                  ``(A) In general.--The President may require--
                          ``(i) periodic inspection of containment 
                        booms, skimmers, vessels, and other major 
                        equipment used to remove discharges;
                          ``(ii) periodic inspection of vessels, 
                        salvage and marine firefighting equipment, and 
                        other major equipment used to respond to marine 
                        casualties or prevent discharges;
                          ``(iii) periodic verification of capabilities 
                        to appropriately, and in a timely manner, 
                        respond to a marine casualty, a worst case 
                        discharge, or a substantial threat of a 
                        discharge, including--
                                  ``(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
                          ``(iv) vessels operating on navigable waters 
                        and carrying oil or a hazardous substance in 
                        bulk as cargo, and nontank vessels carrying oil 
                        of any kind as fuel for main propulsion, to 
                        carry appropriate removal equipment that 
                        employs the best technology economically 
                        feasible and that is compatible with the safe 
                        operation of the vessel.
                  ``(B) Marine casualty.--In this paragraph, the term 
                `marine casualty' means a marine casualty that is 
                required to be reported pursuant to section 6101 of 
                title 46, United States Code.''.
  (b) Report to Congress.--
          (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report on the state of marine firefighting 
        authorities, jurisdiction, plan review, and other 
        considerations with respect to vessel fires at waterfront 
        facilities and within the navigable waters of the United States 
        up to 3 nautical miles from the shoreline.
          (2) Contents.--In carrying out paragraph (1), the Comptroller 
        General shall--
                  (A) examine factors that affect Federal and non-
                Federal collaboration aimed at reducing vessel and 
                waterfront facility fire risk to local communities;
                  (B) focus on the prevalence and frequency of vessel 
                fires described in paragraph (1); and
                  (C) make recommendations for preparedness, responses 
                to, training for, and other items for consideration.

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.''.

SEC. 404. 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.

   TITLE V--IMPLEMENTATION OF ACCOUNTABILITY AND TRANSPARENCY REVIEW 
                            RECOMMENDATIONS

SEC. 501. IMPLEMENTATION STATUS OF DIRECTED ACTIONS.

  (a) In General.--Chapter 51 of title 14, United States Code, is 
amended by adding at the end the following:

``Sec. 5116. Implementation status of directed actions

  ``(a) In General.--Not later than March 1, 2025, and not later than 
March 1 of each of the 3 subsequent years thereafter, the Commandant 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the status of the 
implementation of each directed action outlined in enclosure 1 of the 
memorandum of the Commandant titled `Commandant's Directed Actions--
Accountability and Transparency', dated November 27, 2023.
  ``(b) Contents.--The report required under section (a) shall contain 
the following:
          ``(1) The status of the implementation of each directed 
        action from enclosure 1 of the memorandum titled `Commandant's 
        Directed Actions--Accountability and Transparency' dated 
        November 27, 2023.
          ``(2) A plan and timeline for the next steps to be taken to 
        complete outstanding directed actions in enclosure 1 of the 
        memorandum titled `Commandant's Directed Actions--
        Accountability and Transparency' dated November 27, 2023, 
        including identifying the individual the Commandant has 
        selected to ensure the successful completion of each directed 
        action.
          ``(3) Metrics to determine the effectiveness of each directed 
        action in such enclosure.
          ``(4) Any additional actions the Commandant is taking to 
        mitigate instances of sexual assault and sexual harassment 
        within the Coast Guard.''.
  (b) Clerical Amendment.--The analysis for chapter 51 of title 14, 
United States Code, is amended by adding at the end the following:

``5116. Implementation status of directed actions.''.

SEC. 502. INDEPENDENT REVIEW OF COAST GUARD REFORMS.

  (a) Government Accountability Office Report.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall report to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate on the efforts of the Coast Guard to mitigate cases of 
        sexual assault and sexual harassment within the service.
          (2) Elements.--The report required under paragraph (1) 
        shall--
                  (A) evaluate--
                          (i) the efforts of the Commandant to 
                        implement the directed actions from enclosure 1 
                        of the memorandum titled ``Commandant's 
                        Directed Actions--Accountability and 
                        Transparency'' dated November 27, 2023;
                          (ii) whether the Commandant met the reporting 
                        requirements under section 5112 of title 14, 
                        United States Code; and
                          (iii) the effectiveness of the actions of the 
                        Coast Guard, including efforts outside of the 
                        actions described in the memorandum titled 
                        ``Commandant's Directed Actions--Accountability 
                        and Transparency'' dated November 27, 2023, to 
                        mitigate instances of sexual assault and sexual 
                        harassment and improve the enforcement relating 
                        to such instances within the Coast Guard, and 
                        how the Coast Guard is overcoming challenges in 
                        implementing such actions.
                  (B) make recommendations to the Commandant for 
                improvements to the efforts of the service to mitigate 
                instances of sexual assault and sexual harassment and 
                improve the enforcement relating to such instances 
                within the Coast Guard; and
                  (C) make recommendations to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Commerce, Science, 
                and Transportation of the Senate to mitigate instances 
                of sexual assault and sexual harassment in the Coast 
                Guard and improve the enforcement relating to such 
                instances within the Coast Guard, including proposed 
                changes to any legislative authorities.
  (b) Report by Commandant.--Not later than 90 days after the date on 
which the Comptroller General completes all actions under subsection 
(a), the Commandant shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report that 
includes the following:
          (1) A plan for Coast Guard implementation, including interim 
        milestones and timeframes, of any recommendation made by the 
        Comptroller General under subsection (a)(2)(B) with which the 
        Commandant concurs.
          (2) With respect to any recommendation made under subsection 
        (a)(2)(B) with which the Commandant does not concur, an 
        explanation of the reasons why the Commandant does not concur.

SEC. 503. REQUIREMENT TO MAINTAIN CERTAIN RECORDS.

  (a) In General.--Chapter 9 of title 14, United States Code, is 
amended by adding at the end the following:

``Sec. 955. Requirement to maintain certain records

  ``(a) In General.--The Commandant shall maintain all work product 
related to final action documenting a disposition decision on an 
investigation by the Coast Guard Investigative Service or other law 
enforcement entity investigating a Coast Guard member accused of 
misconduct for not less than 7 years from date of the disposition 
decision.
  ``(b) Final Action Memo.--Upon a final action documenting a 
disposition decision described in subsection (a), the convening 
authority or final decision making authority, as applicable, shall sign 
a final action memo that includes the following:
          ``(1) A reference section listing the materials reviewed in 
        making a disposition decision.
          ``(2) The Coast Guard Investigative Service report of 
        investigation listed as either a reference or an enclosure.
          ``(3) The prosecution memo, signed by the convening authority 
        or the final decision making authority, listed and included as 
        an enclosure.
          ``(4) The completed Coast Guard Investigative Service report 
        of adjudication listed and included as an enclosure.
          ``(5) The disposition decision.
  ``(c) Work Product.--In this section, the term `work product' 
includes--
          ``(1) a prosecution memo;
          ``(2) emails, notes, and other correspondence related to a 
        disposition decision; and
          ``(3) the content described in paragraphs (1) through (5) of 
        subsection (b).''.
  (b) Clerical Amendment.--The analysis for chapter 9 of title 14, 
United States Code, is amended by adding at the end the following:

``955. Requirement to maintain certain records.''.

SEC. 504. STUDY ON COAST GUARD ACADEMY OVERSIGHT.

  (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Commandant, in consultation with relevant 
stakeholders, shall conduct a study on the governance of the Coast 
Guard Academy, including examining the roles, responsibilities, 
authorities, advisory functions, and membership qualifications and 
expertise of the Board of Visitors and Board of Trustees of such 
Academy.
  (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Commandant shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
written report that contains--
          (1) the results of the study required under subsection (a); 
        and
          (2) recommendations to improve governance at the Coast Guard 
        Academy.

SEC. 505. PROVIDING FOR THE TRANSFER OF A CADET WHO IS THE VICTIM OF A 
                    SEXUAL ASSAULT OR RELATED OFFENSE.

  Section 1902 of title 14, United States Code, is amended by adding at 
the end the following:
  ``(f) Consideration of Request for Transfer of Cadet Who Is the 
Victim of Sexual Assault or Related Offense.--
          ``(1) In general.--The Commandant shall provide for timely 
        consideration of and action on a request submitted by a cadet 
        appointed to the Coast Guard Academy who is the victim of an 
        alleged sexual assault or other offense covered by section 920, 
        920c, or 930 of title 10 (article 120, 120c, or 130 of the 
        Uniform Code of Military Justice) for transfer to a Service 
        Academy or to enroll in a Senior Reserve Officers' Training 
        Corps program affiliated with another institution of higher 
        education.
          ``(2) Rulemaking.--The Commandant shall prescribe regulations 
        to carry out this subsection that--
                  ``(A) ensure that any cadet who has been appointed to 
                the Coast Guard Academy is informed of the right to 
                request a transfer pursuant to this subsection, and 
                that any formal request submitted by a cadet is 
                processed as expeditiously as practicable for review 
                and action by the Superintendent;
                  ``(B) direct the Superintendent of the Coast Guard 
                Academy, in coordination with the Superintendent of the 
                Service Academy to which the cadet requests to 
                transfer--
                          ``(i) to act on a request for transfer under 
                        this subsection not later than 72 hours after 
                        receiving the formal request from the cadet;
                          ``(ii) to approve such request for transfer 
                        unless there are exceptional circumstances that 
                        require denial of the request; and
                          ``(iii) upon approval of such request, to 
                        take all necessary and appropriate action to 
                        effectuate the transfer of the cadet to the 
                        Service Academy concerned as expeditiously as 
                        possible; and
                  ``(C) direct the Superintendent of the Coast Guard 
                Academy, in coordination with the Secretary of the 
                military department that sponsors the Senior Reserve 
                Officers' Training Corps program at the institution of 
                higher education to which the cadet requests to 
                transfer--
                          ``(i) to act on a request for transfer under 
                        this subsection not later than 72 hours after 
                        receiving the formal request from the cadet;
                          ``(ii) subject to the cadet's acceptance for 
                        admission to the institution of higher 
                        education to which the cadet wishes to 
                        transfer, to approve such request for transfer 
                        unless there are exceptional circumstances that 
                        require denial of the request; and
                          ``(iii) to take all necessary and appropriate 
                        action to effectuate the cadet's enrollment in 
                        the institution of higher education to which 
                        the cadet wishes to transfer and to process the 
                        cadet for participation in the relevant Senior 
                        Reserve Officers' Training Corps program as 
                        expeditiously as possible.
          ``(3) Denial of transfer request.--If the Superintendent of 
        the Coast Guard Academy denies a request for transfer under 
        this subsection, the cadet may request review of the denial by 
        the Secretary of the Department in which the Coast Guard is 
        operating, who shall act on such request not later than 72 
        hours after receipt of the formal request for review.
          ``(4) Confidentiality of records.--The Secretary of the 
        Department in which the Coast Guard is operating shall ensure 
        that all records of any request, determination, transfer, or 
        other action under this subsection remain confidential, 
        consistent with applicable law and regulation.
          ``(5) Appointment to service academy.--A cadet who transfers 
        under this subsection may retain the cadet's appointment to the 
        Coast Guard Academy or may be appointed to the Service Academy 
        to which the cadet transfers without regard to the limitations 
        and requirements described in sections 7442, 8454, and 9442 of 
        title 10.
          ``(6) Appointment upon graduation.--
                  ``(A) Preference.--A cadet who transfers under this 
                subsection to a Service Academy, is entitled, before 
                graduating from such Academy, to state the preference 
                of the cadet for appointment, upon graduation, as a 
                commissioned officer in the Coast Guard.
                  ``(B) Manner of appointment.--Upon graduation, a 
                cadet described in subparagraph (A) is entitled to be 
                accepted for appointment as a permanent commissioned 
                officer in the Regular Coast Guard in the same manner 
                as graduates of the Coast Guard Academy as described in 
                section 2101.
          ``(7) Commission into coast guard.--A cadet who transfers 
        under this subsection to a Senior Reserve Officers' Training 
        Corps program affiliated with another institution of higher 
        education is entitled upon graduation from the Senior Reserve 
        Officers' Training program to commission into the Coast Guard 
        as described in section 3738a.
          ``(8) Service academy defined.--In this subsection, the term 
        `Service Academy' has the meaning given such term in section 
        347 of title 10.''.

SEC. 506. DESIGNATION OF OFFICERS WITH PARTICULAR EXPERTISE IN MILITARY 
                    JUSTICE OR HEALTHCARE.

  (a) In General.--Subchapter I of chapter 21 of title 14, United 
States Code is amended by adding at the end the following:

``Sec. 2132. Designation of officers with particular expertise in 
                    military justice or healthcare

  ``(a) Secretary Designation.--The Secretary may designate a limited 
number of officers of the Coast Guard as having particular expertise 
in--
          ``(1) military justice; or
          ``(2) healthcare.
  ``(b) Promotion and Grade.--An individual designated under this 
section--
          ``(1) shall not be included on the active duty promotion 
        list;
          ``(2) shall be promoted under section 2126; and
          ``(3) may not be promoted to a grade higher than captain.''.
  (b) Clerical Amendment.--The analysis for chapter 21 of title 14, 
United States Code, is amended by inserting after the item relating to 
section 2131 the following:

``2132. Designation of officers with particular expertise in military 
justice or healthcare.''.

  (c) Conforming Amendments.--
          (1) Section 2102(a) of title 14, United States Code, is 
        amended, in the second sentence, by striking ``and officers of 
        the permanent commissioned teaching staff of the Coast Guard 
        Academy'' and inserting ``officers of the permanent 
        commissioned teaching staff of the Coast Guard Academy, and 
        officers designated by the Secretary pursuant to section 
        2132''.
          (2) Subsection (e) of section 2103 of title 14, United States 
        Code, is amended to read as follows:
  ``(e) Secretary to Prescribe Numbers for Certain Officers.--The 
Secretary shall prescribe the number of officers authorized to be 
serving on active duty in each grade of--
          ``(1) the permanent commissioned teaching staff of the Coast 
        Guard Academy;
          ``(2) the officers designated by the Secretary pursuant to 
        section 2132; and
          ``(3) the officers of the Reserve serving in connection with 
        organizing, administering, recruiting, instructing, or training 
        the reserve components.''.
          (3) Section 2126 of title 14, United States Code, is amended, 
        in the second sentence, by inserting ``and as to officers 
        designated by the Secretary pursuant to section 2132'' after 
        ``reserve components''.
          (4) Section 3736(a) of title 14, United States Code, is 
        amended--
                  (A) in the first sentence by striking ``promotion 
                list and the'' and inserting ``promotion list, officers 
                designated by the Secretary pursuant to section 2132, 
                and the officers on the''; and
                  (B) in the second sentence by striking ``promotion 
                list or the'' and inserting ``promotion list, officers 
                designated by the Secretary pursuant to section 2132, 
                or the officers on the''.

SEC. 507. DIRECT HIRE AUTHORITY FOR CERTAIN PERSONNEL OF COAST GUARD.

  (a) In General.--Subchapter I of chapter 25 of title 14, United 
States Code, is amended by adding at the end the following:

``Sec. 2517. Direct hire authority for certain personnel of Coast Guard

  ``(a) In General.--The Commandant may appoint, without regard to the 
provisions of subchapter I of chapter 33 of title 5 (other than section 
3303 and 3328 of such chapter), qualified candidates to any non-
clinical specialist intended to engage in the integrated primary 
prevention of harmful behaviors, including suicide, sexual assault, 
harassment, domestic abuse, and child abuse and qualified candidates to 
any criminal investigative law enforcement position of the Coast Guard 
Criminal Investigative Service intended to engage in the primary 
response to such harmful behaviors.
  ``(b) Sunset.--Effective on September 30, 2034, the authority 
provided under subsection (a) shall cease.''.
  (b) Clerical Amendment.--The analysis for chapter 25 of title 14, 
United States Code, is amended by inserting after the item related to 
section 2516 the following:

``2517. Direct hire authority for certain personnel of United States 
Coast Guard.''.

SEC. 508. SAFE-TO-REPORT POLICY FOR COAST GUARD.

  (a) In General.--Subchapter I of chapter 19 of title 14, United 
States Code, is further amended by adding at the end the following:

``Sec. 1908. Safe-to-report policy for Coast Guard

  ``(a) In General.--The Secretary of the department in which the Coast 
Guard is operating shall, in consultation with the Secretaries of the 
military departments, issue such regulations as are necessary to 
establish the safe-to-report policy described in subsection (b) that 
applies with respect to all members of the Coast Guard (including 
members of the reserve and auxiliary components of the Coast Guard) and 
cadets at the Coast Guard Academy.
  ``(b) Safe-to-report Policy.--The safe-to-report policy described in 
this subsection is a policy that prescribes the handling of minor 
collateral misconduct involving a member of the Coast Guard who is the 
alleged victim or reporting witness of a sexual assault.
  ``(c) Mitigating and Aggravating Circumstances.--In issuing 
regulations under subsection (a), the Secretary shall specify 
mitigating circumstances that decrease the gravity of minor collateral 
misconduct or the impact of such misconduct on good order and 
discipline and aggravating circumstances that increase the gravity of 
minor collateral misconduct or the impact of such misconduct on good 
order and discipline for purposes of the safe-to-report policy.
  ``(d) Tracking of Collateral Misconduct Incidents.--In conjunction 
with the issuance of regulations under subsection (a), Secretary shall 
develop and implement a process to anonymously track incidents of minor 
collateral misconduct that are subject to the safe-to-report policy 
established under such regulations.
  ``(e) Minor Collateral Misconduct Defined.--In this section, the term 
`minor collateral misconduct' means any minor misconduct that is 
punishable under chapter 47 of title 10 that--
          ``(1) is committed close in time to or during a sexual 
        assault and directly related to the incident that formed the 
        basis of the sexual assault allegation;
          ``(2) is discovered as a direct result of the report of 
        sexual assault or the ensuing investigation into such sexual 
        assault; and
          ``(3) does not involve aggravating circumstances (as 
        specified in the regulations issued under subsection (a)) that 
        increase the gravity of the minor misconduct or the impact of 
        such misconduct on good order and discipline.''.
  (b) Clerical Amendment.--The analysis for chapter 19 of title 14, 
United States Code, is further amended by inserting after the item 
relating to section 1907 (as added by this Act) the following:

``1908. Safe-to-report policy for Coast Guard.''.

SEC. 509. MODIFICATION OF DELIVERY DATE OF COAST GUARD SEXUAL ASSAULT 
                    REPORT.

  Section 5112(a) of title 14, United States Code, is amended by 
striking ``January 15'' and inserting ``March 1''.

SEC. 510. HIGHER-LEVEL REVIEW OF BOARD OF DETERMINATION DECISIONS.

  (a) In General.--Section 2158 of title 14, United States Code, is 
amended--
          (1) in the first sentence by striking ``The Secretary'' and 
        inserting the following:
  ``(a) In General.--The Secretary''; and
          (2) by adding at the end the following:
  ``(b) Higher-level Review of Sexual Assault Cases.--
          ``(1) In general.--If a board convened under this section 
        determines that the officer should be retained when the 
        officer's record indicates that the officer has committed a 
        sexual assault offense, the board shall forward the record of 
        the proceedings and recommendation of the board for higher-
        level review, in accordance with regulations prescribed by the 
        Secretary.
          ``(2) Authority.--The official exercising higher-level review 
        shall have authority to forward the case for consideration by a 
        Board of Inquiry in accordance with section 2159.
  ``(c) Sexual Assault Offense Defined.--In this section, the term 
`sexual assault offense' means a violation of section 920 or 920b of 
title 10, United States Code (article 120 or 120b of the Uniform Code 
of Military Justice) or attempt to commit an offense specified under 
section 920 or 920b as punishable under section 880 of such title 
(article 80 of the Uniform Code of Military Justice).''.

SEC. 511. REVIEW OF DISCHARGE OR DISMISSAL.

  (a) In General.--Subchapter I of chapter 25 of title 14, United 
States Code, is further amended by adding at the end the following:

``Sec. 2518. Review of discharge or dismissal

  ``(a) Downgrade.--
          ``(1) In general.--In addition to the requirements of section 
        1553 of title 10, a board of review for a former member of the 
        Coast Guard established pursuant to such section may, upon a 
        motion of the board and subject to review by the Secretary of 
        the department in which the Coast Guard is operating, downgrade 
        an honorable discharge or dismissal to a general (under 
        honorable conditions) discharge or dismissal upon a finding 
        that a former member of the Coast Guard, while serving on 
        active duty as a member of the armed forces, committed sexual 
        assault or sexual harassment in violation of section 920, 920b, 
        or 934 of this title (article 120, 120b, or 134 of the Uniform 
        Code of Military Justice).
          ``(2) Evidence.--Any downgrade under paragraph (1) shall be 
        supported by clear and convincing evidence.
          ``(3) Limitation.--The review board under paragraph (1) may 
        not downgrade a discharge or dismissal of a former member of 
        the Coast Guard if the same action described in paragraph (1) 
        was considered prior to separation from active duty by an 
        administrative board in determining the characterization of 
        discharge as otherwise provided by law and in accordance with 
        regulations prescribed by the Secretary of the Department in 
        which the Coast Guard is operating.
  ``(b) Procedural Rights.--
          ``(1) In general.--A review by a board established under 
        section 1553 of title 10 shall be based on the records of the 
        armed forces concerned and such other evidence as may be 
        presented to the board.
          ``(2) Evidence by witness.--A witness may present evidence to 
        the board in person or by affidavit.
          ``(3) Appearance before board.--A person who requests a 
        review under this section may appear before the board in person 
        or by counsel or an accredited representative of an 
        organization recognized by the Secretary of Veterans Affairs 
        under chapter 59 of title 38.
          ``(4) Notification.--A former member of the Coast Guard who 
        is subject to a downgrade in discharge characterization review 
        under subsection (b)(3) shall be notified in writing of such 
        proceedings, afforded the right to obtain copies of records and 
        documents relevant to the proceedings, and the right to appear 
        before the board in person or by counsel or an accredited 
        representative of an organization recognized by the Secretary 
        of Veterans Affairs under chapter 59 of title 38.''.
  (b) Clerical Amendment.--The analysis for chapter 25 of title 14, 
United States Code, is further amended by inserting after the item 
relating to section 2517 (as added by this Act) the following:

``2518. Review of discharge or dismissal.''.

SEC. 512. CONVICTED SEX OFFENDER AS GROUNDS FOR DENIAL.

  Section 7511(a) of title 46, United States Code, is amended--
          (1) in paragraph (1) by striking ``or'';
          (2) in paragraph (2) by striking ``State, local, or Tribal 
        law'' and inserting ``Federal, State, local, or Tribal law'';
          (3) by redesignating paragraph (2) as paragraph (3); and
          (4) by inserting after paragraph (1) the following:
          ``(2) section 920 or 920b of title 10 (article 120 and 120b 
        of the Uniform Code of Military Justice); or''.

SEC. 513. COAST GUARD ACADEMY ROOM REASSIGNMENT.

  Section 1902 of title 14, United States Code, is further amended by 
adding at the end the following:
  ``(g) Room Reassignment.--Coast Guard Academy Cadets may request room 
reassignment if experiencing discomfort due to Coast Guard Academy 
rooming assignments.''

                          TITLE VI--AMENDMENTS

SEC. 601. 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)''.
  (e) Notice of Arrival Requirements for Vessels on the Outer 
Continental Shelf.--
          (1) Preparatory conforming amendment.--Section 70001 of title 
        46, United States Code, is amended by redesignating subsections 
        (l) and (m) as subsections (m) and (n), respectively.
          (2) Transfer of provision.--Section 704 of the Coast Guard 
        and Maritime Transportation Act 2012 (Public Law 112-213; 46 
        U.S.C. 70001 note) is--
                  (A) amended by striking ``of title 46, United States 
                Code,'';
                  (B) transferred to appear after 70001(k) of title 46, 
                United States Code; and
                  (C) redesignated as subsection (l).
  (f) Title 46.--Title 46, United States Code, is amended as follows:
          (1) Section 2101(2) is amended by striking ``section 1'' and 
        inserting ``section 101''.
          (2) Section 2116(b)(1)(D) is amended by striking ``section 
        93(c)'' and inserting ``section 504(c)''.
          (3) In the analysis for subtitle VII by striking the period 
        after ``70001'' in the item relating to chapter 700.
          (4) In the analysis for chapter 700 by striking the item 
        relating to section 70006 and inserting the following:

``70006. Establishment by Secretary of the department in which the 
Coast Guard is operating of anchorage grounds and regulations 
generally.''.

          (5) In the heading for subchapter IV in the analysis for 
        chapter 700 by inserting a comma after ``DEFINITIONS''.
          (6) In the heading for subchapter VI in the analysis for 
        chapter 700 by striking ``OF THE UNITED''and inserting ``OF 
        UNITED''.
          (7) Section 70052(e)(1) is amended by striking ``section 4197 
        of the Revised Statutes of the United States (46 U.S.C. App. 
        91)'' and inserting ``section 60105''.
  (g) Oil Pollution Act of 1990.--The Oil Pollution Act of 1990 (33 
U.S.C. 2701 et seq.) is amended as follows:
          (1) Section 1001(32)(G) (33 U.S.C. 2701(32)(G)) is amended by 
        striking ``pipeline'' and all that follows through ``offshore 
        facility'' and inserting ``pipeline, offshore facility''.
          (2) Section 1016 (33 U.S.C. 2716) is amended--
                  (A) by redesignating subsections (e) through (i) as 
                subsections (d) through (h), respectively; and
                  (B) in subsection (e)(1)(B), as redesignated by 
                subparagraph (A), by striking ``subsection (e)'' and 
                inserting ``subsection (d)''.
          (3) Section 1012(b)(2) (33 U.S.C. 2712(b)(2)) is amended by 
        striking ``section 1016(f)(1)'' and inserting ``section 
        1016(e)(1)''.
          (4) Section 1005(b)(5)(B) (33 U.S.C. 2705(b)(5)(B)) is 
        amended by striking ``section 1016(g)'' and inserting ``section 
        1016(f)''.
          (5) Section 1018(c) (33 U.S.C. 2718(c)) is amended by 
        striking ``the Act of March 3, 1851 (46 U.S.C. 183 et seq.)'' 
        and inserting ``chapter 305 of title 46, United States Code''.
          (6) Section 7001(h)(1) (33 U.S.C. 2761(h)(1)) is amended by 
        striking ``subsection (c)(4)'' and inserting ``subsection 
        (e)(4)''.

                         Purpose of Legislation

    The purpose of H.R. 7659, as amended, is to authorize and 
amend authorities, programs, and statutes administered by the 
Coast Guard.

                  Background and Need for Legislation

    The purpose of H.R. 7659, as amended, is to authorize $14.8 
billion in funding for the United States Coast Guard (Coast 
Guard or Service) in fiscal year (FY) 2025 and $15.5 billion in 
FY 2026, including $3.47 billion in FY 2025 and $3.65 billion 
in FY 2026 to fund the Coast Guard's major acquisition and 
capital investment efforts. The measure supports Coast Guard 
efforts to address recruiting and manpower challenges, 
including providing improvements to the Coast Guard's training 
center in Cape May, New Jersey and its Academy in New London, 
Connecticut. The bill also authorizes $36.3 million for each of 
FYs 2025 and 2026 to modernize the Coast Guard's information 
technology (IT) infrastructure, including the acquisition, 
development, and implementation of a credentialing system for 
the Merchant Mariner credentialing program. In FY 2025 it 
authorizes $138.5 million for one missionized HC-130J aircraft 
and $36 million for the service life extension program of the 
47-foot Motor Life boat while in FY 2026 it authorizes $1.2 
billion for the acquisition of a Polar Security Cutter, $1.1 
billion for two Offshore Patrol Cutters, $138.5 million for one 
missionized HC-130J aircraft, and $153.5 million for five MH-
60T Jayhawk aircraft. The bill also authorizes $25 million in 
FY 2025 and $35 million in FY 2026 to implement the Coast Guard 
Commandant's directed actions related to the Accountability and 
Transparency Review. The bill reauthorizes the end-of-year 
strength of 44,500 active-duty personnel. The bill makes 
reforms to Coast Guard authorities and laws governing maritime 
commerce and navigation. It improves vessel safety, clarifies 
authorities for emerging technologies, and improves regulatory 
processes. It also includes provisions to implement the 
Commandant's Directed Actions related to H.R. 7557, the Coast 
Guard Protection and Accountability Act of 2024, which 
strengthens protections for members of the Coast Guard from 
sexual assault and harassment and increases transparency within 
the Service.

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\
---------------------------------------------------------------------------
    \1\United States 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\
---------------------------------------------------------------------------
    \3\14 U.S.C. Sec. 102.
    \4\United States Coast Guard, Biographies, available at https://
www.uscg.mil/Biographies/
Display/Article/3048180/admiral-linda-l-fagan/.
---------------------------------------------------------------------------
    In FY 2023, the Coast Guard responded to 14,900 search and 
rescue cases, saving approximately 5,800 lives. Additionally, 
the Coast Guard conducted more than 2,100 small vessel 
boardings in or around critical infrastructure and key 
resources at ports, waterways, and coasts, maintained 
approximately 44,700 aids to navigation, and detained 267 
suspected smugglers carrying a total of 212,000 pounds of 
cocaine.\5\
---------------------------------------------------------------------------
    \5\United States Department of Homeland Security, Fiscal Year 2025 
Budget in Brief at 48, available at https://www.dhs.gov/sites/default/
files/2024-03/2024_0311_fy_2025_
budget_in_brief.pdf.
---------------------------------------------------------------------------
    H.R. 7659, as amended, authorizes the Coast Guard for the 
next two years at fiscally responsible levels to continue 
carrying out these critical missions, with support to 
revitalize 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, which is likely higher 
today.\6\ As of 2018, the deferred maintenance backlog included 
more than 5,600 projects, while the recapitalization and new 
construction backlog included 125 projects.\7\ 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.\8\ 
Without adequate funding, excessive deterioration of these 
facilities jeopardizes Coast Guard mission readiness and 
operational capability.
---------------------------------------------------------------------------
    \6\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.
    \7\Id.
    \8\Id.
---------------------------------------------------------------------------
    H.R. 7659, as amended, begins to chip away at the excessive 
infrastructure backlog by authorizing $500 million for FY 2025 
and $600 million for FY 2026 to improve Coast Guard shoreside 
infrastructure, the minimum number the Coast Guard has 
estimated would be necessary to prevent further growth of the 
backlog. Included in that amount, the bill authorizes $225 
million for FY 2025 and $125 million for FY 2026 for 
improvements to United States Coast Guard Training Center Cape 
May in Cape May, New Jersey, $10 million for FY 2025 to fund 
the creation of an infrastructure development plan for the 
Coast Guard Academy in New London, Connecticut, and $100 
million in FY 2026 to execute the plan, and $50 million in FY 
2025 to complete repairs and improvements to Chase Hall at the 
Coast Guard Academy. For each of FYs 2025 and 2026 it also 
authorizes $40 million for the planning, designing, and 
building of a HC-130J Hangar at Air Station Barbers Point in 
Kapolei, Hawaii and $90 million for waterfront improvements of 
Coast Guard Base Seattle. It authorizes $70 million for FY 2025 
and $100 million for FY 2026 to fund the planning, design, and 
building of a floating drydock at 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 (NOAA), the Navy, the Army, and other Government 
agencies.
    The Committee has significant concerns about the Coast 
Guard's ability to effectively carry out its major acquisition 
programs. For FY 2026, H.R. 7659, as amended, authorizes $1.1 
billion for a Polar Security Cutter (PSC) and $1.1 billion for 
two Offshore Patrol Cutters. The Committee notes that the Coast 
Guard represented unrealistic cost estimates for the PSC 
program from the start, and the program has been subject to 
repeated and significant delays and cost overruns. The first 
PSC may not be operational before the end of this decade, 
threatening the ability of the United States to project 
sovereignty, and placing our Nation's capabilities far behind 
even non-Arctic states like China. H.R. 7659, as amended, seeks 
to strengthen the Committee's oversight over the Coast Guard's 
modernization through requiring consideration of life-cycle 
cost estimates for acquisition and procurement, and requiring 
additional reports on the Great Lakes icebreaker and regular 
PSC updates. The Committee urges the Coast Guard to be 
proactive and transparent as the Service seeks to advance its 
major acquisition programs.
    The Committee also recognizes the need for the Coast Guard 
to update its aging fleet of air assets. For FY 2025, the bill 
authorizes $138.5 million for one missionized HC-130J aircraft. 
For FY 2026, it authorizes $138.5 million for one missionized 
HC-130J aircraft and $153.5 million for five MH-60T Jayhawk 
aircraft. While the Committee continues to have concerns with 
the suitability of the MH-60 airframe for certain Coast Guard 
missions, the Committee appreciates the need to phase out MH-65 
dolphin helicopters, which are no longer being produced and 
suffer from a scarcity of parts. The Committee will continue to 
closely monitor the transition as it moves forward.
    The Coast Guard is currently authorized an active-duty end-
strength of 44,500,\9\ but is operating with a deficit of 
approximately 4,800 members across its workforce,\10\ nearly 
3,000 of which are enlisted personnel.\11\ In FY 2023, the 
Coast Guard sought a total of 59,854 personnel positions to 
carry out its statutory missions.\12\ 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.\13\ The Committee supports the 
Service's efforts to strengthen its recruiting capabilities to 
meet mission demands.
---------------------------------------------------------------------------
    \9\14 U.S.C. Sec. 4904.
    \10\Dep't of Homeland Security, U.S. Coast Guard Budget Overview 
Fiscal Year 2024 Congressional Justification (2023), available at 
https://www.uscg.mil/Portals/0/documents/budget/2024/
Coast_Guard_FY2024_Congressional_Justification.pdf.
    \11\United States Coast Guard, Senior Coast Guard Leadership, (last 
accessed on Apr. 25, 2023) available at https://www.uscg.mil/
seniorleadership/#::text=Top%20service%20official
%2C%20responsible%20for,and%2031%2C000%20civilian 
%20auxiliary%20volunteers.
    \12\United States Coast Guard, Report to Congress, Manpower 
Requirements Plan, (on file with Comm.).
    \13\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.\14\ Physical fitness concerns, criminal history, and 
prescription and illegal drug-related issues are the primary 
disqualifiers for many individuals.\15\ Moreover, just nine 
percent of those eligible to serve have an interest in doing 
so.\16\ Compounding these challenges is the current 3.8 percent 
unemployment rate.\17\ To address these challenges, H.R. 7659, 
as amended, authorizes for FY 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. Additionally, to promote retention and 
ensure accountability and transparency from senior leaders, the 
bill authorizes $25 million in FY 2025 and another $35 million 
in FY 2026 to implement the Coast Guard Commandant's directed 
actions related to the Accountability and Transparency Review.
---------------------------------------------------------------------------
    \14\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.
    \15\Id.
    \16\Id.
    \17\U.S. Bureau of Labor Statistics, Labor Force Statistics From 
the Current Population Survey, U.S. Bureau of Labor Statistics, 
available at https://www.bls.gov/cps/.
---------------------------------------------------------------------------

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 
few years has demonstrated the fragility of not only the United 
States supply chain, but the supply chain worldwide. Today, the 
maritime supply chain faces additional threats from violent 
Houthi attacks, targeting numerous civilian and military 
vessels, which have caused several of the largest shipping 
companies to halt or limit transits through the Red Sea and 
Suez Canal, which traditionally facilitated the flow of twenty 
percent of container shipping.\18\ The impact on global 
shipping has been further amplified by a simultaneous drought 
that has caused water levels in the Panama Canal, which 
facilitates five percent of the world's seaborne trade, to hit 
historic lows.\19\ The lower water level has forced authorities 
to restrict access and limit the number of ships using the 
canal, and in some cases, ships are required to carry less 
cargo to minimize draft.\20\ Modernizing the operations of the 
MTS is more important than ever in the wake of a myriad of 
threats to the supply chain. The Committee is committed to 
supporting the MTS and growing our shipbuilding industry.
---------------------------------------------------------------------------
    \18\Peter Eavis and Keith Bradsher, Red Sea Attacks Leave Shipping 
Companies with Difficult Choices, N.Y. Times, (Jan. 6, 2024), available 
at https://www.nytimes.com/2024/01/06/business/red-sea-shipping-
houthi.html.
    \19\Mie Hoehris Dahl, The Panama Canal is Running Dry, Foreign 
Policy, (Jan. 15, 2024), available at https://foreignpolicy.com/2024/
01/15/panama-suez-canal-global-shipping-crisis-
climate-change-drought/ [hereinafter Panama Canal Running Dry].
    \20\Id.
---------------------------------------------------------------------------
    H.R. 7659, 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. It seeks to make permanent reductions to the 
lengths of certain periods of service initiated in the National 
Defense Authorization Act for Fiscal Year 2024.\21\ The Coast 
Guard is responsible for issuing Merchant Mariner 
Credentials.\22\ The 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.\23\ H.R. 7659, as amended, authorizes $11 million to 
upgrade and modernize the credentialing system. Additionally, 
the legislation amends the requirements for certain merchant 
mariner credentials to consider advances in technology and 
training, aligns Coast Guard requirements with international 
requirements, and enables American Nationals born in American 
Samoa to be eligible for merchant mariner credentials. H.R. 
7659, as amended also seeks to promote vessel safety by 
expanding requirements for DUKW amphibious passenger vessels 
and expanding risk-based examinations to all tank vessels.
---------------------------------------------------------------------------
    \21\The National Defense Authorization Act for Fiscal Year 2024, 
Pub. L. No. 118-31.
    \22\46 U.S.C. Sec. 7302.
    \23\United States Coast Guard, FY 2024 Unfunded Priorities List, 
Report to Congress (Mar. 13, 2023), available at https://www.uscg.mil/
Portals/0/documents/budget/2024/
Unfunded_Priorities_List_FY2024.pdf.
---------------------------------------------------------------------------

Implementation of Accountability and Transparency Review 
        Recommendations

    H.R. 7659, as amended, strengthens protections for members 
of the Coast Guard from sexual assault and harassment and 
increases transparency within the Service. Operation Fouled 
Anchor was a Coast Guard investigation initiated in 2014 that 
revealed incidents of rape, assault, and other misconduct at 
the Coast Guard Academy (Academy) occurring from 1990 until 
2006.\24\ The report uncovered a repeated pattern of 
mishandling cases and not holding perpetrators accountable, in 
part driven by efforts to protect the reputation of the 
Academy.\25\ Furthermore, the Committee's investigation 
revealed broken processes that failed to properly track 
decision making with regards to prosecutorial decisions. 
Despite the Committee's demonstrated interest in curbing sexual 
assault and sexual harassment, the Coast Guard chose to 
withhold the report from Congress. Even worse, the decision to 
bury the report resulted in a failure to implement the 
recommendations from Operation Fouled Anchor. After the report 
became public, the Service undertook an Accountability and 
Transparency Review (ATR), which included recommendations to 
prevent and better respond to future sexual assault and sexual 
harassment incidents.\26\ On November 27, 2023, the Coast Guard 
released the ATR, along with the Commandant's Directed Actions, 
which seek to mitigate instances of harassment, assault, and 
other mistreatment.\27\
---------------------------------------------------------------------------
    \24\United States Coast Guard, ``Fouled Anchor'' Investigation--
Final Report (Jan. 31, 2020), available at https://www.uscg.mil/
Portals/0/documents/FOULED_ANCHOR_
INVESTIGATION_FINAL_REPORT_AND_ENCLOSURE-508Compliant.pdf.
    \25\Id.
    \26\United States Coast Guard, Commandant's Directed Actions--
Accountability and Transparency (Nov. 27, 2023), available at https://
media.defense.gov/2023/Nov/30/2003349064/-1/-1/0/
CCG'S%20DIRECTED%20ACTIONS%20-%20ACCOUNTABILITY%20AND%20
TRANSPARENCY%20W%20ENCL.508-COMPLIANT.PDF.
    \27\Id.
---------------------------------------------------------------------------
    H.R. 7659, as amended, provides additional authorities to 
the Coast Guard required to implement the Commandant's Directed 
Actions, and provides much needed transparency and 
accountability as the actions are implemented. To ensure that 
the Coast Guard follows through on its intentions, the 
legislation directs the Service to provide an annual report to 
Congress for the next three years outlining the implementation 
efforts of the Commandant of the Coast Guard's directed 
actions, a plan to implement any measures not yet implemented, 
metrics to determine effectiveness of the actions, and any 
additional actions the Coast Guard is taking to mitigate 
instances of sexual assault and sexual harassment within its 
ranks. The legislation also directs an independent GAO study to 
ensure the actions are carried out. To increase transparency 
and accountability, it requires the Coast Guard to maintain 
deliberative documents for seven years. H.R. 7659, as amended, 
also directs a study on governance at the Academy and 
oversight, provides for the transfer of a cadet who is the 
victim of sexual assault to another military service academy, 
allows a limited number of Officers to be designated as having 
particular expertise in military justice and health care 
professions and to compete separately for promotion, 
facilitates direct hiring authority for integrative primary 
prevention workforce, and prohibits disciplinary action against 
victims or witnesses of sexual assault for minor collateral 
misconduct. It also provides for a secondary higher-level 
review of recommendations to retain officers convicted of 
sexual assault and allows a board of review to downgrade a 
characterization of service to a general discharge if the 
member was found to have committed sexual assault or harassment 
while on active duty.

Other Matters

    H.R. 7659, as amended, directs the Coast Guard to issue its 
final rule for the Atlantic Coast Port Route Access Study 
(ACPARS) not later than 180 days after enactment. The Coast 
Guard commenced the ACPARS in 2011, and the final report was 
issued on March 14, 2016.\28\ More than eight years later, and 
thirteen 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.\29\ 
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.\30\ The Committee expects the Coast 
Guard to commit to the timeline mandated by this Act.
---------------------------------------------------------------------------
    \28\Port Access Route Study: The Atlantic Coast From Maine to 
Florida, 82 Fed. Reg. 16510 (April 5, 2017) (codified at 33 C.F.R. pt. 
167).
    \29\46 U.S.C. Sec. 70003.
    \30\James M. Inhofe National Defense Authorization Act for Fiscal 
Year 2023, Pub. L. No. 117-263.
---------------------------------------------------------------------------
    As the Coast Guard faces unprecedented manpower and 
resource limitations, H.R. 7659, as amended, seeks to improve 
personnel conditions to promote retention and attract the best 
qualified applicants while simultaneously exploring how these 
shortages affect its mission effectiveness. Among other things, 
it provides direct hire authority for civilian faculty at the 
Coast Guard Academy, temporarily exempts senior enlisted 
members from end strength limitations, provides parental leave 
parity for reservists, and authorizes maternity uniform 
allowances for officers. Additionally, it authorizes a 
Federally funded research and development center assessment on 
the operational capabilities and missions of the Coast Guard, 
specifically the extent to which it can effectively carry out 
its missions, recommendations to improve effectiveness, 
recommendations to transfer duties or missions to other 
departments given asset constraints, and an analysis of 
transferring the Coast Guard to another Federal department or 
independent agency.
    As autonomous systems become more common place in the 
maritime domain, H.R. 7659, 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. It also encourages the Coast Guard to continue its 
involvement in a technology pilot program and double the number 
of small boats with autonomous control and additional 
appropriate sensors. The Committee encourages the Coast Guard 
to utilize these resources as the Service works to keep pace 
with a changing technological landscape.
    H.R. 7659, as amended, also seeks to clarify authorities 
and improve monitoring of safety at sea. It clearly provides 
authority to establish safety zones for special activities in 
the exclusive economic zone, making permanent a previously 
successful pilot program for space activities and activities on 
the outer continental shelf. It incorporates recommendations 
from the National Transportation and Safety Board in the wake 
of the 2021 pipeline oil spill in San Pedro Bay, improving 
vessel traffic service monitoring. It also clarifies 
authorities to remove abandoned and derelict vessels at sea.

                                Hearings

    For the purposes of rule XIII, clause 3(c)(6)(A) of the 
118th Congress the following hearings were used to develop or 
consider H.R. 7659--
    (1) The Subcommittee on Coast Guard and Maritime 
Transportation held a hearing on April 18, 2023, to examine the 
President's FY 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.
    (2) The Subcommittee on Coast Guard and Maritime 
Transportation held a hearing on May 11, 2023, to receive 
testimony on the shortage of the U.S. maritime workforce and 
recruitment and retention challenges in the United States Coast 
Guard. The Subcommittee received testimony from VADM Paul 
Thomas, Deputy Commandant for Mission Support, United States 
Coast Guard, Department of Homeland Security; Rear Admiral Ann 
Phillips, Administrator, United States Maritime Administration, 
Department of Transportation; Ms. Heather MacLeod, Director, 
Homeland Security and Justice, United States Government 
Accountability Office; Dr. Beth Asch, Senior economist, RAND 
Corporation.
    (3) The Subcommittee on Coast Guard and Maritime 
Transportation held a hearing on June 22, 2023, to review the 
National Academy of Sciences Report titled ``The Coast Guard's 
Next Decade: An Assessment of Emerging Challenges and Statutory 
Needs.'' The Subcommittee received testimony from VADM Steve 
Poulin, Vice Commandant, United States Coast Guard, Department 
of Homeland Security; Dr. Cary Coglianese, Chair, National 
Academy of Sciences Report ``The Coast Guard's Next Decade: An 
Assessment of Emerging Challenges and Statutory Needs''; Ms. 
Heather MacLeod, Director, Homeland Security and Justice, 
United States Government Accountability Office.
    (4) The Subcommittee on Coast Guard and Maritime 
Transportation held a hearing on July 27, 2023, to receive 
testimony on the recapitalization efforts of the Coast Guard, 
focusing on its efforts to modernize surface assets, air 
assets, shoreside infrastructure, and information technology. 
The Subcommittee received testimony from VADM Paul Thomas, 
Deputy Commandant for Mission Support, United States Coast 
Guard, Department of Homeland Security; Ms. Marie Mak, 
Director, Contracting and National Security, United States 
Government Accountability Office.
    (5) The Subcommittee on Coast Guard and Maritime 
Transportation held a hearing on September 19, 2023, to examine 
commercial and United States Coast Guard uses of automated and 
experimental technologies in the maritime industry and the 
regulatory changes necessary to assure their safe use. The 
Subcommittee received testimony from Rear Admiral Wayne Arguin, 
Assistant Commandant for Prevention Policy, United States Coast 
Guard, Department of Homeland Security; Rear Admiral Todd 
Wiemers, Assistant Commandant for Capability, United States 
Coast Guard, Department of Homeland Security; Mr. Sean Pribyl, 
Committee Member, Committee on Coast Guard Maritime Domain 
Awareness, National Academy of Sciences Report ``Leveraging 
Unmanned Systems for Coast Guard Missions''; Mr. Michael 
Johnson, Chief Executive Officer, Sea Machines Robotics Inc.; 
Mr. Patrick Lahey, Co-Founder and Chief Executive Officer, 
Triton Submarines; Mr. T. Christian Spain, Vice President of 
Government Relations, American Maritime Officers.
    (6) The Subcommittee on Coast Guard and Maritime 
Transportation held a hearing on March 6, 2024, to receive 
testimony on the implementation of recommendations of the 
Accountability and Transparency Review that was conducted after 
``Operation Fouled Anchor,'' the Service's investigation into 
sexual assault and sexual harassment at the United States Coast 
Guard Academy and efforts to reduce manpower shortages within 
the United States Coast Guard. The Subcommittee received 
testimony from VADM Paul Thomas, Deputy Commandant for Mission 
Support, United States Coast Guard, Department of Homeland 
Security; Ms. Heather MacLeod, Director, Homeland Security and 
Justice, United States Government Accountability Office.

                 Legislative History and Consideration

    H.R. 7659, the ``The Coast Guard Authorization Act of 
2024'', was introduced in the United States House of 
Representatives on March 13, 2024, by Mr. Graves of Missouri, 
with Mr. Larsen, Mr. Webster, and Mr. Carbajal as original 
cosponsors, and was referred to the Committee on Transportation 
and Infrastructure. Within the Committee on Transportation and 
Infrastructure, H.R. 7659 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. 7659 on March 20, 2024.
    The Committee considered H.R. 7659 on March 20, 2024, and 
ordered the measure to be reported to the House with a 
favorable recommendation, with amendment, by a recorded vote of 
53 yeas and 3 nays.
    The following amendments were offered:
    An Amendment in the Nature of a Substitute to H.R. 7659, as 
amended, offered by Mr. Graves of Missouri; was AGREED TO by 
voice vote.
    A Manager's Amendment to the Amendment in the Nature of a 
Substitute to H.R. 7659, offered by Mr. Graves of Missouri 
(Graves of Missouri 001); Page 5, line 19, strike 
``$1,147,244,000'' and insert ``$1,461,427,000''. Page 32, 
strike line 18 and all that follows through page 34, line 3 
(and redesignate accordingly). Page 35, line 12, strike ``Cost 
Guard'' and insert ``Coast Guard''. At the end of subtitle A of 
title II of the bill, add the following: SEC. 217. ADDITIONAL 
PRIBILOF ISLAND TRANSITION COMPLETION ACTIONS. Section 11221 of 
the Don Young Coast Guard Authorization Act of 2022 (Public Law 
117-263) is amended by adding at the end the following: ``(e) 
ADDITIONAL REPORTS ON STATUS OF USE OF FACILITIES AND 
HELICOPTER BASING.--Beginning with the first quarterly report 
required under subsection (a) submitted after the date of 
enactment of the Coast Guard Authorization Act of 2024, the 
Secretary shall include in each such report--``(1) the status 
of the use of recently renovated Coast Guard housing 
facilities, food preparation facilities, and maintenance and 
repair facilities on St. Paul Island, Alaska, including a 
projected date for full use and occupancy of such facilities in 
support of Coast Guard missions in the Bering Sea; and ``(2) a 
detailed plan for the acquisition and construction of a hangar 
in close proximity to existing St. Paul airport facilities to 
house 1 or more Coast Guard helicopters for the prosecution of 
Coast Guard operational missions, including plans for the use 
of land needed for such hangar.''. Page 40, strike line 21 and 
all that follows through page 41, line 17 (and redesignate 
accordingly). Page 66, after line 19, insert the following: 
SEC. 330. ARTICULATED TUG-BARGE MANNING. Section 11508 of the 
James M. Inhofe National Defense Authorization Act for Fiscal 
Year 2023 (Public Law 117-263) is amended to read as follows: 
``SEC. 11508. ARTICULATED TUG-BARGE MANNING. ``(a) IN 
GENERAL.--Notwithstanding the watch setting requirements set 
forth in section 8104 of title 46, United States Code, or any 
other provision of law or regulation, an Officer in Charge, 
Marine Inspection may authorize a covered vessel--``(1) when 
engaged on a domestic voyage of more than 600 miles, to be 
manned with a minimum number of 2 licensed engineers in the 
engine department; and ``(2) when engaged on a voyage of less 
than 600 miles, to be manned with a minimum number of 1 
licensed engineer in the engine department. ``(b) COVERED 
VESSEL DEFINED.--In this section, the term `covered vessel' 
means a towing vessel issued a certificate of inspection under 
subchapter M of chapter I of title 46, Code of Federal 
Regulations, which--``(1) forms part of an articulated tug-
barge unit; and ``(2) is either--``(A) equipped with 
engineering control and monitoring systems of a type accepted 
by a recognized classification society for a periodically 
unmanned machinery space notation or accepted by the Commandant 
for a periodically unattended machinery space endorsement; or 
``(B) is a vessel that, prior to July 19, 2022, was issued a 
minimum safe manning document or certificate of inspection that 
authorized equivalent or less manning levels.''. Page 67, line 
23, strike ``renewable energy'' and insert ``non-mineral energy 
resources''. Page 82, line 23, strike ``sole''. Page 84, line 
3, insert ``design, construction, equipment, and operation of 
deepwater ports and'' after ``pertaining to''. Page 90, line 
19, strike ``or''. Page 91, line 2, strike the period and 
insert ``; or''. Page 91, after line 2, insert the following: 
``(4) the Commandant determines that such an abandonment 
determination would not be in the public interest. Page 93, 
after line 5, insert the following: SEC. 354. NEAR SHORE CABLE 
LAYING BARGE. (a) IN GENERAL.--Until the date that is 2 years 
after the date of enactment of this Act, and notwithstanding 
subsection (b), the Secretary of the department in which the 
Coast Guard is operating may not enforce citizenship 
requirements under section 8103 of title 46, United States 
Code, or the credentialing requirements under section 8701 of 
title 46, United States Code, with respect to a covered 
individual. (b) TRAINING.--Until the date that is 2 years after 
the date of enactment of this Act, the Commandant shall ensure 
that operators of near shore cable lay vertical trenching 
injector equipment on barges on which covered individuals 
serve: (1) develop processes and requirements for conducting 
certification and training such individuals; and (2) certify 
and train a sufficient cadre of qualified individuals. (c) 
DEFINITIONS.--In this section: (1) COVERED INDIVIDUAL.--The 
term ``covered individual'' means an individual, including near 
shore cable lay vertical trenching injector operators or near 
shore cable laying vertical trenching injector support 
personnel, who is--(A) engaged on board a barge for the purpose 
of operating specialized equipment, including a vertical 
trenching injector, necessary to lay near shore power cable in 
support of non-mineral energy exploration, development, and 
production; and (B) not (i) included in the complement of 
licensed individuals to be stated in the certificate of 
inspection issued under chapter 33 of title 46, United States 
Code, to be necessary by the Certificate of Inspection or to 
ensure the safe navigation of such vessel; or (ii) a member of 
the steward's department on such a barge. (2) QUALIFIED 
INDIVIDUAL.--The term ``qualified individual'' means an 
individual qualified to--(A) serve on a vessel documented under 
chapter 121 of the title 46, United States Code, under section 
8103 of such title; (B) receive a merchant mariner credential 
under section 8701 of title 46, United States Code; and (C) 
available to operate and support the operation of specialized 
near shore cable lay vertical trenching injectors on United 
States documented barges in support of United States offshore 
non-mineral energy exploration, development, and production. 
SEC. 355. ANCHORAGES. Section 8437 of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal Year 
2021 (Public Law 116-283) is amended--(1) by striking 
subsections (d) and (e); (2) by redesignating subsection (c) as 
subsection (d); and (3) by inserting after subsection (b) the 
following: ``(c) PROHIBITION.--The Commandant shall prohibit 
any vessel anchoring on the reach of the Hudson River described 
in subsection (a) unless such anchoring is within any anchorage 
established before January 1, 2021.''. Page 119, after line 4, 
insert the following: SEC. 512. CONVICTED SEX OFFENDER AS 
GROUNDS FOR DENIAL. Section 7511(a) of title 46, United States 
Code, is amended--(1) in paragraph (1) by striking ``or''; (2) 
in paragraph (2) by striking ``State, local, or Tribal law'' 
and inserting ``Federal, State, local, or Tribal law''; (3) by 
redesignating paragraph (2) as paragraph (3); and (4) by 
inserting after paragraph (1) the following: ``(2) section 920 
or 920b of title 10 (article 120 and 120b of the Uniform Code 
of Military Justice); or''. SEC. 513. COAST GUARD ACADEMY ROOM 
REASSIGNMENT. Section 1902 of title 14, United States Code, is 
further amended by adding at the end the following: ``(g) ROOM 
REASSIGNMENT.--Coast Guard Academy Cadets may request room 
reassignment if experiencing discomfort due to Coast Guard 
Academy rooming assignments.''; was AGREED TO by voice vote.
    An Amendment to the Amendment in the Nature of a Substitute 
to H.R. 7659, offered by Mr. Garamendi of California (Garamendi 
176): At the end of subtitle D of title III, add the following: 
SEC. 354. TRANSPORTATION REQUIREMENTS FOR CERTAIN EXPORTS 
SPONSORED BY THE SECRETARY OF AGRICULTURE. Section 55314 of 
title 46, United States Code, is amended--(1) in subsection 
(b)--(A) in paragraph (1) by inserting ``titles I, II, or III 
of'' after ``carried out under''; (B) in paragraph (4) by 
striking ``agricultural commodities or their products'' and 
inserting ``agricultural products''; (C) in paragraph (5) by 
striking ``agricultural commodities or their products'' and 
inserting ``agricultural products''; (D) in paragraph (6) by 
striking ``agricultural commodities or their products'' and 
inserting ``agricultural products''; (E) in paragraph (7) by 
striking ``agricultural commodities'' and inserting 
``agricultural products''; (F) by redesignating paragraphs (4), 
(5), (6), and (7) as paragraphs (6), (7), (8), and (9), 
respectively; and (G) by inserting after paragraph (3) the 
following: ``(4) carried out under the Food for Progress Act of 
1985 (7 U.S.C. 1736o); ``(5) carried out under the McGovern-
Dole International Food for Education and Child Nutrition 
Program under section 3107 of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 1736o-1);''; and (2) by adding 
at the end the following: ``(d) SUBMISSION TO CONGRESS.--At 
least once each fiscal year, the Secretary of Agriculture or 
the Administrator of the United States Agency for International 
Development, as applicable, shall submit to the appropriate 
congressional committees, in writing, a notice of any waiver of 
the requirements of this section and the reasons for granting 
such waiver. ``(e) AGRICULTURAL PRODUCT DEFINED.--In this 
section, the term `agricultural product' means any food 
product, including an agricultural commodity (as such term is 
defined in section 402 of the Food for Peace Act (7 U.S.C. 
1732(2))), specialty crop (as such term is defined in section 
3(1) of the Specialty Crops Competitiveness Act of 2004 (7 
U.S.C. 1621 note)), or processed food product, exported from 
the United States.''.; was WITHDRAWN.
    An Amendment to the Amendment in the Nature of a Substitute 
to H.R. 7659, offered by Mr. Perry of Pennsylvania (Perry 434): 
At the end of subtitle D of title III of the bill, add the 
following: SEC. __ 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 Chinese, 
Iranian, or Russian national; or ``(ii) the Government of--
``(I) the People's Republic of China; ``(II) Iran; or ``(III) 
the Russian Federation; ``(B) a Chinese-flagged, Iranian-
flagged, or Russian-flagged vessel; or ``(C) a vessel for which 
any crewmember is a Chinese, Iranian, or Russian 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 WITHDRAWN.
    An Amendment to the Amendment in the Nature of a Substitute 
to H.R. 7659, offered by Ms. Scholten of Michigan (Scholten 
026): Page 42, after line 4, insert the following: SEC. 228. 
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. 7659, offered by Mr. Perry of Pennsylvania (Perry 435): 
Strike section 346 of the bill.; was WITHDRAWN.
    An Amendment to the Amendment in the Nature of a Substitute 
to H.R. 7659, offered by Mr. Garamendi of California (Garamendi 
178): Page 93, after line 5, insert the following: SEC. 354. 
COLLECTION AND DISPOSAL OF COVERED VESSELS. (a) IN GENERAL.--
The collection and disposal of a covered vessel under the 
direction of an on-scene coordinator appointed under the 
National Contingency Plan under section 311 of the Federal 
Water Pollution Control Act (33 U.S.C. 1321) shall be deemed to 
be a removal action under such section for purposes of section 
9509 of the Internal Revenue Code of 1986. (b) NO EFFECT ON 
LIABILITY.--A deeming under subsection (a) shall have no effect 
on the liability of a responsible party under section 1002 of 
the Oil Pollution Act of 1990 (33 U.S.C. 2702). (c) COVERED 
VESSEL DEFINED.--In this section, the term ``covered vessel'' 
means a vessel--(1) that is determined to be abandoned pursuant 
to section 4711 of title 46, United States Code; and (2) for 
which there is no removal authority under section 311(c) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(c)).; was 
WITHDRAWN.
    An Amendment to the Amendment in the Nature of a Substitute 
to H.R. 7659, offered by Mr. Perry of Pennsylvania (Perry 437 
Revision 1): SEC. 353. PROHIBITION ON ACTION PURSUANT TO 
CERTAIN EXECUTIVE ORDERS. The Commandant may not take any 
action pursuant to the following Executive Orders: (1) 
Executive Order 13990 (86 Fed. Reg. 7037; relating to 
Protecting Public Health and the Environment and Restoring 
Science to Tackle the Climate Crisis), (2) Executive Order 
14008 (86 Fed. Reg. 7619; relating to Tackling the Climate 
Crisis at Home and Abroad), (3) Executive Order 14030 (86 Fed. 
Reg. 27967; relating to Climate-Related Financial Risk), (4) 
Executive Order 14057 (86 Fed. Reg. 70935; relating to 
Catalyzing Clean Energy Industries and Jobs Through Federal 
Sustainability), (5) Executive Order 14082 (87 Fed. Reg. 56861; 
relating to Implementation of the Energy and Infrastructure 
Provisions of the Inflation Reduction Act of 2022), and (6) 
Executive Order 14096 (88 Fed. Reg. 25251; relating to 
revitalizing our Nation's commitment to environmental 
justice).; was NOT AGREED TO by a roll call vote of 22 Yeas and 
34 Nays (Roll Call No. 45).

                            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.
    The following votes were taken:
    Passage of H.R. 7659, as amended.
    Vote: 46.
    On passage: H.R. 7659, as amended.
    Yea 53, Nay 3.

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

    Vote on Amendment No. 437, Rev. 1, an amendment to the ANS 
to H.R. 7659, offered by Mr. Perry of Pennsylvania.
    Vote: 45.
    On: Amendment No. 437, REV1, an Amendment to the ANS to 
H.R. 7659, offered by Mr. Perry of Pennsylvania.
    Yea 22, Nay 34.

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

            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

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements 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 requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee has 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. The Chairman of the Committee shall cause such 
estimate and statement to be printed in the Congressional 
Record upon its receipt by the Committee.

               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, a cost 
estimate provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974 was not 
made available to the Committee in time for the filing of this 
report. The Chairman of the Committee shall cause such estimate 
to be printed in the Congressional Record upon its receipt by 
the Committee.

                    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. 7659, 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

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        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. 7659 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 2024.'' The section also 
provides the table of contents for the bill.

Section 2. Commandant defined

    This section defines ``Commandant'' as the Commandant of 
the Coast Guard in this Act.

                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 $14.8 billion for fiscal 
year 2025 and $15.5 billion for fiscal year 2026 for the United 
States Coast Guard (Coast Guard or Service).

Section 102. Shoreside infrastructure and facilities and information 
        technology

    This section authorizes $36.3 million for each of fiscal 
years 2025 and 2026 to modernize the Coast Guard's information 
technology (IT) infrastructure, $500 million for fiscal year 
2025 and $600 million for fiscal year 2026 to fund the 
acquisition, construction, rebuilding, or improvement of Coast 
Guard shoreside infrastructure facilities. Within the IT 
amount, the section authorizes $11 million to fund the 
acquisition, development, and implementation of a credentialing 
system for the Merchant Mariner credentialing program. Within 
the shoreside infrastructure facilities amount, the section 
authorizes $225 million for fiscal year 2025 and $125 million 
for fiscal year 2026 for improvements to United States Coast 
Guard Training Center Cape May in Cape May, New Jersey, $10 
million for fiscal year 2025 to fund the creation of an 
infrastructure development plan for the Coast Guard Academy in 
New London, Connecticut, and $100 million in fiscal year 2026 
to execute the plan, and $50 million in fiscal year 2025 to 
complete repairs and improvements to Chase Hall at the Coast 
Guard Academy. It also authorizes $70 million for fiscal year 
2025 and $100 million for fiscal year 2026 to fund the 
planning, design, and building of a floating drydock at Coast 
Guard Yard in Baltimore, Maryland, and $40 million for each of 
fiscal years 2025 and 2026 for the planning, designing, and 
building of a HC-130J Hangar at Air Station Barbers Point in 
Kapolei, Hawaii, and $90 million for each of fiscal years 2025 
and 2026 for waterfront improvements of Coast Guard Base 
Seattle.

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

    This section authorizes for fiscal year 2025 $138.5 million 
for one missionized HC-130J aircraft and $36 million for the 
service life extension program of the 47-foot Motor Life Boat. 
For fiscal year 2026, it authorizes $1.2 billion for the 
acquisition of a Polar Security Cutter, $1.1 billion for two 
Offshore Patrol Cutters, $138.5 million for one missionized HC-
130J aircraft, and $153.5 million for five MH-60T Jayhawk 
aircraft.

Section 104. Authorization for certain programs and services

    This section authorizes for fiscal year 2025 $11.98 million 
to fund additional recruiting personnel and offices for the 
Coast Guard recruiting Command, $9 million to enhance Coast 
Guard recruiting capabilities, and $25 million to implement the 
Coast Guard Commandant's directed actions related to the 
Accountability and Transparency Review. For fiscal year 2026 it 
authorizes $35 million to implement the Coast Guard 
Commandant's directed actions related to the Accountability and 
Transparency Review.

Section 105. Authorized levels of military strength and training

    This section authorizes 44,500 active-duty personnel for 
the Coast Guard for each of fiscal years 2025 and 2026, and for 
recruit and special training 2,500 student years, for flight 
training 165 student years, for professional training 385 
student years and for officer acquisition 1,200 student years.

                         Title II--Coast Guard


                Subtitle A--Organization and Authorities


Section 201. Prohibition on the 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.

Section 202. 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 203. 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 of a tsunami.

Section 204. Service life extension programs

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

Section 205. Maritime domain awareness in Coast Guard sector for Puerto 
        Rico and Virgin Islands

    This section directs the Coast Guard to provide a report to 
the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on issues concerning maritime 
domain awareness in the area of responsibility of the Coast 
Guard sector for Puerto Rico and the United States Virgin 
Islands.

Section 206. Public availability of information on monthly drug and 
        migrant interdictions

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

Section 207. Report on establishment of unmanned systems capabilities 
        office

    This section directs the Coast Guard to report to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on its efforts to establish an 
unmanned systems capabilities office.

Section 208. Great Lakes Icebreaker

    This section directs the Coast Guard to submit a strategy 
to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate regarding the 
acquisition of the Great Lakes Icebreaker.

Section 209. Consideration of life-cycle cost estimates for acquisition 
        and procurement

    This section requires consideration of life-cycle cost 
estimates for acquisition and procurement of vessels and 
aircraft. Conforms the Service's acquisition policy with 
Maritime Administration (MARAD) acquisition policy changes 
passed in National Defense Authorization Act for Fiscal Year 
2024 (FY 24 NDAA) (P.L. 118-31).

Section 210. Authorization of certain support for Coast Guard Academy 
        foundations

    This section allows the Coast Guard Academy to provide 
facilities and equipment support and endorsement to charitable 
foundations that support the Academy. The section mirrors 
authorities provided to other military service academies.

Section 211. National Coast Guard Museum

    This section allows the Coast Guard to lease the National 
Coast Guard Museum and other properties owned by the National 
Coast Guard Museum Association adjacent to the Museum. This 
section also allows the Coast Guard to solicit and accept 
services from nonprofit entities and enter into contracts, 
memorandums of agreement with, or make grants to the 
Association to acquire such services.

Section 212. Regular Polar Security Cutter updates

    This section requires regular reports to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the progress of its Polar 
Security Cutter acquisition program and directs the Coast Guard 
to provide timely briefings and notifications to Congress when 
there are significant changes in the Polar Security Cutter 
Acquisition process.

Section 213. Technology pilot program

    This section amends section 14 U.S.C. 319(b)(1) to increase 
the number of Coast Guard Small Boats involved in a pilot 
project to retrofit existing vessels with autonomous control 
and computer vision technology from two to four.

Section 214. Report on condition of Missouri River dayboards

    This section requires a one-time report to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the condition of Missouri river 
dayboards and the placement of buoys.

Section 215. Delegation of Ports and Waterways Safety authorities in 
        St. Lawrence Seaway

    This section delegates Coast Guard authority to the Great 
Lakes Saint Lawrence Seaway Development Corporation and allows 
the Coast Guard to issue and enforce special orders, safety 
zones, and take actions for security. It also aligns the 
implementing regulations, resources, enforcement, and 
authorities under the Ports and Waterways Safety Act between 
the Coast Guard and Great Lakes Saint Lawrence Seaway 
Development Corporation.

Section 216. Study on Coast Guard missions

    This section directs the Coast Guard to enter into an 
agreement with a Federally funded research and development 
center to examine Coast Guard mission effectiveness in light of 
asset and manpower shortages and provide recommendations to 
address readiness gaps.

Section 217. Additional Pribilof Island transition completion actions

    This section requires the Secretary of the Department in 
which the Coast Guard is operating to provide quarterly updates 
to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate on the status of 
Coast Guard's efforts to establish a forward operating base in 
St. Paul, Alaska.

                         Subtitle B--Personnel


Section 221. Direct hire authority for civilian faculty at the Coast 
        Guard Academy

    This section allows the United States Coast Guard Academy 
to hire civilian professors directly.

Section 222. Temporary exemption from authorized end strength for Coast 
        Guard enlisted members on active duty

    This section provides an exemption until 2026 from the 3.0 
percent and 1.25 percent threshold under current law for Coast 
Guard active-duty members in the paygrades E-8 and E-9. This 
provision is necessary due to the decrease in overall enlisted 
strength, which places the Coast Guard in jeopardy of exceeding 
these percentage caps.

Section 223. Additional available guidance and considerations for 
        Reserve Selection Boards

    This section allows Coast Guard Reserve Selection Boards to 
consider the specialty of the Officer, in a similar way to that 
already undertaking by Active-duty boards, per 14 U.S.C. 2115. 
This ensures that the Coast Guard reserve has senior officers 
with proficiency in specific specialized skills.

Section 224. Parental leave parity for certain reserve components of 
        Coast Guard

    This section provides parity with the United States 
Department of Defense (DoD) services for parental leave for 
reservists as passed in Section 601 of the FY 24 NDAA.

Section 225. Authorization for maternity uniform allowance for officers

    This section allows for a limited supplemental cash 
allowance for pregnant officers to purchase maternity and 
properly sized uniforms.

Section 226. Report on GAO recommendations on Housing Program

    This section requires that the Commandant submit a report 
on the status of the implementation of a 2024 Government 
Accountability Office (GAO) report on the Coast Guard's Housing 
Program.

                   Title III--Shipping and Navigation


                     Subtitle A--Vessel Operations


Section 301. Definitions

    This section provides technical definitions related to 
requirements for certain vessel operators.

Section 302. Notification

    This section clarifies notification requirements for 
certain vessel operators.

Section 303. Publication of fines and penalties

    This section requests that penalties or pre-penalties be 
published in the Customs Bulletin and Decisions within 14 days 
of being issued. It also outlines the contents of the 
notification published and orders the Secretary of Homeland 
Security to issue regulations within 90 days to implement this.

               Subtitle B--Merchant Mariner Credentialing


Section 311. 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. It makes the reductions of lengths 
of certain periods of service passed in the FY 24 NDAA 
permanent.

Section 312. Amendments

    This section changes the term ``seamen'' to ``seafarer'' in 
Chapter 73 of title 46 to conform with common usage of the 
term.

Section 313. 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.

Section 314. Merchant seamen licenses, certificates, 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 C--Vessel Safety


Section 321. 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 322. Administrative procedure for security risks

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

Section 323. Requirements for DUKW amphibious passenger vessels

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

Section 324. Risk based examinations of tank vessels

    This section expands the authority of the Commandant to 
waive annual inspection requirements and substitute a risk-
based inspection system for all tank vessels.

Section 325. 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 326. 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 327. 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 328. 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 329. Rulemaking regarding port access routes

    This section directs the Coast Guard to issue its final 
rule for the Atlantic Coast Port Route Access Study with 180 
days of enactment of the bill.

Section 330. Articulated tug-barge manning

    This section clarifies the policy with regard to 
watchstanding levels aboard articulated tug-barge units for 
certificates of inspection.

                       Subtitle D--Other Matters


Section 341. Anchor handling activities

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

Section 342. Establishment of 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, U.S.C., 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 that 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.

Section 348. Authority to establish safety zones for special activities 
        in the exclusive economic zone

    This section provides the Coast Guard with authority to 
establish safety zones for special activities with the 
Exclusive Economic Zone (EEZ). It was updated to place this 
authority in a new section 70008, of title 46, United States 
Code.

Section 349. Fishing vessel and fisherman training safety

    This section makes behavioral and physical health risk 
training, including substance abuse and worker fatigue, a 
permissible use of the Fishing Safety Training Grants and 
Fishing Safety Research Grants programs and authorizes the 
appropriation of grant funding for both programs for fiscal 
years 2025 and 2026 directly to the Secretary of Health and 
Human Services.

Section 350. Authority over the Deepwater Port Act of 1974

    This section requires the Department of Transportation to 
conduct the processing of Deepwater Port Act (DWPA) permits 
received after the date of enactment and ends the Coast Guard's 
role in processing DWPA permits that are received after the 
date of enactment of the Act.

Section 351. National Offshore Safety Advisory Committee composition

    This section adds two members to the Committee who 
represent the non-mineral industry since the NDAA for fiscal 
year 2021 amended the Outer Continental Shelf Lands Act (OCSLA) 
to include non-mineral energy resources and this committee 
advises on safety issues related to the Outer Continental 
Shelf.

Section 352. Improving vessel traffic service monitoring

    This section implements recommendations from a National 
Transportation Safety Board report looking into the anchor 
strike of the underwater pipeline in San Pedro Bay, California, 
in 2021. The provision seeks to increase the distance between 
an anchorage and pipeline to avoid incursions and improve the 
vessel traffic service monitoring by adding audio and visual 
alarms for proximity alerts.

Section 353. Abandoned and derelict vessel removals

    This section expands the existing prohibition on 
abandonment to non-barge vessels and requires the Coast Guard 
to keep a National inventory of any abandoned non-barge 
vessels.

Section 354. Near shore cable laying barge

    This section delays the credentialing requirements under 46 
U.S.C. section 8701 to facilitate the training of United States 
workers in near shore cable laying operations.

Section 355. Anchorages

    This section clarifies the intent of a provision in the 
Elijah J. Cummings Coast Guard Authorization Act of 2020 by 
prohibiting additional anchorages on a section of the Hudson 
River.

               Title IV--Oil Pollution Incident Liability


Section 401. Vessel response plans

    This section amends certain Coast Guard requirements for 
vessel response plans. The section also requires a GAO report 
on the state of maritime firefighting authorities, jurisdiction 
and plan review, including factors that impact Federal and non-
Federal cooperation.

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.

Section 404. 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.

   Title V--Implementation of Accountability and Transparency Review 
                            Recommendations


Section 501. Implementation status of directed actions

    This section directs the Coast Guard to provide an annual 
report to Congress for the next three years outlining the 
implementation efforts of the Commandant of the Coast Guard's 
directed actions, a plan to implement any measures not yet 
implemented, metrics to determine effectiveness of the actions, 
and any additional actions the Coast Guard is taking to 
mitigate instances of sexual assault and sexual harassment 
within its ranks.

Section 502. Independent review of Coast Guard reforms

    This section directs the GAO to report to Congress on the 
Coast Guard's implementation efforts of the Commandant's 
directed actions, the effectiveness of those efforts, and any 
additional measures the Coast Guard should implement.

Section 503. Requirement to maintain certain records

    This section requires the Coast Guard to maintain 
deliberative documents related to prosecution decisions for not 
less than seven years. It requires any final action memo and 
prosecution memo be signed, and that a record that details who 
made the prosecutorial determination and what documents that 
person reviewed while making the decision must be maintained.

Section 504. Study on Coast Guard Academy oversight

    This section directs the Coast Guard to conduct a study on 
governance at the Coast Guard Academy and provide 
recommendations to Congress within a year of enactment to 
improve governance at the Academy.

Section 505. Providing for the transfer of a cadet who is the victim of 
        a sexual assault or related offense

    This section provides for the transfer of a cadet at the 
Coast Guard Academy who is the victim of a sexual assault to 
another military service academy. The section specifies that 
cadets who transfer to another military service academy can 
elect to accept an appointment as a permanent commissioned 
officer in the Coast Guard in the same way other Coast Guard 
Academy graduates commission. This section mirrors comparable 
provisions that apply to cadets at other military service 
academies.

Section 506. Designation of officers with particular expertise in 
        military justice or health care

    This section provides authority to the Coast Guard to 
designate a limited number of Officers of the Coast Guard as 
having particular expertise in military justice and health care 
professions and not subject to promotion under the Active-Duty 
Promotion List. The provision would allow lawyers and health 
care professionals to compete amongst other Coast Guard lawyers 
and health care professionals for promotion rather than the 
entire Active-Duty Promotion List.

Section 507. Direct hire authority for certain personnel of Coast Guard

    This section provides for the direct hire authority of the 
integrative primary prevention workforce and civilian faculty 
members at the Coast Guard Academy. This provision sunsets on 
September 30, 2034.

Section 508. Safe-to-report policy for Coast Guard

    This section provides safe-to-report language regarding 
reports of sexual assault at the Coast Guard Academy. It 
mirrors similar protections available to cadets at other 
military service academies.

Section 509. Modification of delivery date of Coast Guard sexual 
        assault report

    This section modifies the due date of the Coast Guard's 
annual report on sexual assault and harassment report to align 
with the due date with the annual Department of Defense Annual 
Report on Sexual Assault in the Military (DoD Report).

Section 510. Higher-level review of board of determination decisions

    The section provides for a secondary review if a review 
board determines that an officer convicted of sexual assault 
should be retained within the Coast Guard.

Section 511. Review of discharge or dismissal

    This section allows a board of review to downgrade an 
honorable discharge or dismissal to a general discharge or 
dismissal upon finding that a former member who, while serving 
on active duty as a member of the armed forces, committed 
sexual assault or sexual harassment.

Section 512. Convicted sex offender as grounds for denial

    This section allows denial of a license, certificate of 
registry, or merchant mariner's document to an individual who 
has been convicted of rape, sexual assault, and rape or sexual 
assault of a child under the Uniform Code of Military Justice.

Section 513. Coast Guard Academy room reassignment

    This section allows Coast Guard Academy cadets to request 
room reassignments if they experience discomfort.

                          Title VI--Amendments


Section 601. Amendments

    This section contains technical and conforming 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 3--COMPOSITION AND ORGANIZATION

           *       *       *       *       *       *       *



Sec. 316. National Coast Guard Museum

  (a) Establishment.--The Commandant may establish, accept, 
operate, maintain and support the Museum, on lands which will 
be federally owned and administered by the Coast Guard, and are 
located in New London, Connecticut.
  (b) Use of Funds.--
          (1) [The Secretary] Except as provided in paragraph 
        (2), the Secretary shall not expend any funds 
        appropriated to the Coast Guard on the construction of 
        any museum established under this section.
          (2) Subject to the availability of appropriations, 
        the Secretary may expend funds appropriated to the 
        Coast Guard on the [engineering and design of a Museum] 
        design of a Museum, and engineering, construction 
        administration, and quality assurance services of a 
        Museum.
          (3) The priority for the use of funds appropriated to 
        the Coast Guard shall be to preserve, protect, and 
        display historic Coast Guard artifacts, including the 
        design, fabrication, and installation of exhibits or 
        displays in which such artifacts are included.
  (c) Funding Plan.--Not later than 2 years after the date of 
the enactment of the Elijah E. Cummings Coast Guard 
Authorization Act of 2020 and at least 90 days before the date 
on which the Commandant accepts the Museum under subsection 
(f), 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 plan for constructing, operating, and 
maintaining such Museum, including--
          (1) estimated planning, engineering, design, 
        construction, operation, and maintenance costs;
          (2) the extent to which appropriated, 
        nonappropriated, and non-Federal funds will be used for 
        such purposes, including the extent to which there is 
        any shortfall in funding for engineering, design, or 
        construction;
          (3) an explanation of any environmental remediation 
        issues related to the land associated with the Museum; 
        and
          (4) a certification by a third party entity qualified 
        to undertake such a certification process that the 
        estimates provided pursuant to paragraphs (1) and (2) 
        are reasonable and realistic.
  (d) Construction.--
          (1) The Association may construct the Museum 
        described in subsection (a).
          (2) The Museum shall be designed and constructed in 
        compliance with the International Building Code 2018, 
        and construction performed on Federal land under this 
        section shall be exempt from State and local 
        requirements for building or demolition permits.
  (e) Agreements.--Under such terms and conditions as the 
Commandant considers appropriate, notwithstanding section 504, 
and until the Commandant accepts the Museum under subsection 
(f), the Commandant may--
          (1) license Federal land to the Association for the 
        purpose of constructing the Museum described in 
        subsection (a); and
          (2)[(A) at a nominal charge, lease the Museum from 
        the Association for activities and operations related 
        to the Museum; and] (A) lease from the Association for 
        Coast Guard operations the Museum and properties owned 
        by the Association adjacent to the railroad tracks to 
        which the property on which the Museum is located are 
        adjacent; and
          (B) authorize the Association to generate revenue 
        from the use of the Museum.
  (f) Acceptance.--Not earlier than 90 days after the 
Commandant submits the plan under subsection (c), the 
Commandant shall accept the Museum from the Association and all 
right, title, and interest in and to the Museum shall vest in 
the United States when--
          (1) the Association demonstrates, in a manner 
        acceptable to the Commandant, that the Museum meets the 
        design and construction requirements of subsection (d); 
        and
          (2) all financial obligations of the Association 
        incident to the National Coast Guard Museum have been 
        satisfied.
  [(g) Services.--The Commandant may solicit from the 
Association and accept services from nonprofit entities, 
including services related to activities for construction of 
the Museum.]
  (g) Services.--With respect to the services related to the 
construction, maintenance, and operation of the Museum, the 
Commandant may--
          (1) solicit and accept services from nonprofit 
        entities, including the Association; and
          (2) enter into contracts or memorandums of agreement 
        with or make grants to the Association to acquire such 
        services.
  (h) Authority.--The Commandant may not establish a Museum 
except as set forth in this section.
  (i) Definitions.--In this section:
          (1) Museum.--The term ``Museum'' means the National 
        Coast Guard Museum.
          (2) Association.--The term ``Association'' means the 
        National Coast Guard Museum Association.

           *       *       *       *       *       *       *


Sec. 319. Unmanned system program and autonomous control and computer 
                    vision technology project

  (a) Unmanned System Program.--Not later than 2 years after 
the date of enactment of this section, the Secretary shall 
establish, under the control of the Commandant, an unmanned 
system program for the use by the Coast Guard of land-based, 
cutter-based, and aircraft-based unmanned systems for the 
purpose of increasing effectiveness and efficiency of mission 
execution.
  (b) Autonomous Control and Computer Vision Technology 
Project.--
          (1) In general.--The Commandant shall conduct a 
        project to retrofit [2] 4 or more existing Coast Guard 
        small boats deployed at operational units with--
                  (A) commercially available autonomous control 
                and computer vision technology; and
                  (B) such sensors and methods of communication 
                as are necessary to control, and technology to 
                assist in conducting, search and rescue, 
                surveillance, and interdiction missions.
          (2) Data collection.--As part of the project required 
        under paragraph (1), the Commandant shall collect and 
        evaluate field-collected operational data from the 
        retrofit described in such paragraph to inform future 
        requirements.
          (3) Briefing.--Not later than 180 days after the date 
        on which the project required under paragraph (1) is 
        completed, the Commandant shall provide to the 
        Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a 
        briefing on the project that includes an evaluation of 
        the data collected from the project.
  (c) Unmanned System Defined.--In this section, the term 
``unmanned system'' means--
          (1) an unmanned aircraft system (as such term is 
        defined in section 44801 of title 49);
          (2) an unmanned marine surface system; and
          (3) an unmanned marine subsurface system.

           *       *       *       *       *       *       *


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 interdiction

  (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

           *       *       *       *       *       *       *



Sec.
     * * * * * * *

                      SUBCHAPTER II--MISCELLANEOUS

     * * * * * * *
955. Requirement to maintain certain records.

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.

           *       *       *       *       *       *       *


SUBCHAPTER II--MISCELLANEOUS

           *       *       *       *       *       *       *



Sec. 955. Requirement to maintain certain records

  (a) In General.--The Commandant shall maintain all work 
product related to final action documenting a disposition 
decision on an investigation by the Coast Guard Investigative 
Service or other law enforcement entity investigating a Coast 
Guard member accused of misconduct for not less than 7 years 
from date of the disposition decision.
  (b) Final Action Memo.--Upon a final action documenting a 
disposition decision described in subsection (a), the convening 
authority or final decision making authority, as applicable, 
shall sign a final action memo that includes the following:
          (1) A reference section listing the materials 
        reviewed in making a disposition decision.
          (2) The Coast Guard Investigative Service report of 
        investigation listed as either a reference or an 
        enclosure.
          (3) The prosecution memo, signed by the convening 
        authority or the final decision making authority, 
        listed and included as an enclosure.
          (4) The completed Coast Guard Investigative Service 
        report of adjudication listed and included as an 
        enclosure.
          (5) The disposition decision.
  (c) Work Product.--In this section, the term ``work product'' 
includes--
          (1) a prosecution memo;
          (2) emails, notes, and other correspondence related 
        to a disposition decision; and
          (3) the content described in paragraphs (1) through 
        (5) of subsection (b).

CHAPTER 11--ACQUISITIONS

           *       *       *       *       *       *       *



Sec.
     * * * * * * *

       SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES

     * * * * * * *
1138. Service life extension programs.
1139. Consideration of life-cycle cost estimates for acquisition and 
          procurement.
     * * * * * * *

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) Lead Systems Integrator Defined.--In this section, the 
term ``lead systems integrator'' has the meaning given such 
term in section 805(c) of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109-163).

           *       *       *       *       *       *       *


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) Service Life Extension Program Defined.--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.

Sec. 1139. Consideration of life-cycle cost estimates for acquisition 
                    and procurement

  In carrying out the acquisition and procurement of vessels 
and aircraft, the Secretary of the department in which the 
Coast Guard is operating, acting through the Commandant of the 
Coast Guard, shall consider the life-cycle cost estimates of 
vessels and aircraft, as applicable, during the design and 
evaluation processes to the maximum extent practicable.

           *       *       *       *       *       *       *


SUBTITLE II--PERSONNEL

           *       *       *       *       *       *       *


                    CHAPTER 19--COAST GUARD ACADEMY


                      SUBCHAPTER I--ADMINISTRATION

     * * * * * * *
Sec.
     * * * * * * *
1907. Authorization of certain support for Coast Guard Academy 
          foundations.
1908. Safe-to-report policy for Coast Guard.
     * * * * * * *

SUBCHAPTER I--ADMINISTRATION

           *       *       *       *       *       *       *



Sec. 1902. Policy on sexual harassment and sexual violence

  (a) Required Policy.--The Commandant shall direct the 
Superintendent of the Coast Guard Academy to prescribe a policy 
on sexual harassment and sexual violence applicable to the 
cadets and other personnel of the Academy.
  (b) Matters To Be Specified in Policy.--The policy on sexual 
harassment and sexual violence under this section shall include 
specification of the following:
          (1) Programs to promote awareness of the incidence of 
        rape, acquaintance rape, and other sexual offenses of a 
        criminal nature that involve cadets or other Academy 
        personnel.
          (2) Information about how the Coast Guard and the 
        Academy will protect the confidentiality of victims of 
        sexual harassment or sexual violence, including how any 
        records, statistics, or reports intended for public 
        release will be formatted such that the confidentiality 
        of victims is not jeopardized.
          (3) Procedures that cadets and other Academy 
        personnel should follow in the case of an occurrence of 
        sexual harassment or sexual violence, including--
                  (A) if the victim chooses to report an 
                occurrence of sexual harassment or sexual 
                violence, a specification of the individual or 
                individuals to whom the alleged offense should 
                be reported and options for confidential 
                reporting, including written information to be 
                given to victims that explains how the Coast 
                Guard and the Academy will protect the 
                confidentiality of victims;
                  (B) a specification of any other individual 
                whom the victim should contact; and
                  (C) procedures on the preservation of 
                evidence potentially necessary for proof of 
                criminal sexual assault.
          (4) Procedures for disciplinary action in cases of 
        criminal sexual assault involving a cadet or other 
        Academy personnel.
          (5) Sanctions authorized to be imposed in a 
        substantiated case of sexual harassment or sexual 
        violence involving a cadet or other Academy personnel, 
        including with respect to rape, acquaintance rape, or 
        other criminal sexual offense, whether forcible or 
        nonforcible.
          (6) Required training on the policy for all cadets 
        and other Academy personnel who process allegations of 
        sexual harassment or sexual violence involving a cadet 
        or other Academy personnel.
  (c) Assessment.--
          (1) In general.--The Commandant shall direct the 
        Superintendent to conduct at the Academy during each 
        Academy program year an assessment to determine the 
        effectiveness of the policies of the Academy with 
        respect to sexual harassment and sexual violence 
        involving cadets or other Academy personnel.
          (2) Biennial survey.--For the assessment at the 
        Academy under paragraph (1) with respect to an Academy 
        program year that begins in an odd-numbered calendar 
        year, the Superintendent shall conduct a survey of 
        cadets and other Academy personnel--
                  (A) to measure--
                          (i) the incidence, during that 
                        program year, of sexual harassment and 
                        sexual violence events, on or off the 
                        Academy reservation, that have been 
                        reported to an official of the Academy; 
                        and
                          (ii) the incidence, during that 
                        program year, of sexual harassment and 
                        sexual violence events, on or off the 
                        Academy reservation, that have not been 
                        reported to an official of the Academy; 
                        and
                  (B) to assess the perceptions of the cadets 
                and other Academy personnel with respect to--
                          (i) the Academy's policies, training, 
                        and procedures on sexual harassment and 
                        sexual violence involving cadets or 
                        other Academy personnel;
                          (ii) the enforcement of such 
                        policies;
                          (iii) the incidence of sexual 
                        harassment and sexual violence 
                        involving cadets or other Academy 
                        personnel; and
                          (iv) any other issues relating to 
                        sexual harassment and sexual violence 
                        involving cadets or other Academy 
                        personnel.
  (d) Report.--
          (1) In general.--The Commandant shall direct the 
        Superintendent to submit to the Commandant a report on 
        sexual harassment and sexual violence involving cadets 
        or other Academy personnel for each Academy program 
        year.
          (2) Report specifications.--Each report under 
        paragraph (1) shall include, for the Academy program 
        year covered by the report, the following:
                  (A) The number of sexual assaults, rapes, and 
                other sexual offenses involving cadets or other 
                Academy personnel that have been reported to 
                Academy officials during the Academy program 
                year and, of those reported cases, the number 
                that have been substantiated.
                  (B) A plan for the actions that are to be 
                taken in the following Academy program year 
                regarding prevention of and response to sexual 
                harassment and sexual violence involving cadets 
                or other Academy personnel.
          (3) Biennial survey.--Each report under paragraph (1) 
        for an Academy program year that begins in an odd-
        numbered calendar year shall include the results of the 
        survey conducted in that Academy program year under 
        subsection (c)(2).
          (4) Transmission of report.--The Commandant shall 
        transmit each report received by the Commandant under 
        this subsection, together with the Commandant's 
        comments on the report, to--
                  (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                  (B) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
          (5) Focus groups.--
                  (A) In general.--For each Academy program 
                year with respect to which the Superintendent 
                is not required to conduct a survey at the 
                Academy under subsection (c)(2), the Commandant 
                shall require focus groups to be conducted at 
                the Academy for the purposes of ascertaining 
                information relating to sexual assault and 
                sexual harassment issues at the Academy.
                  (B) Inclusion in reports.--Information 
                derived from a focus group under subparagraph 
                (A) shall be included in the next transmitted 
                Commandant's report under this subsection.
  (e) Victim Confidentiality.--To the extent that information 
collected under the authority of this section is reported or 
otherwise made available to the public, such information shall 
be provided in a form that is consistent with applicable 
privacy protections under Federal law and does not jeopardize 
the confidentiality of victims.
  (f) Consideration of Request for Transfer of Cadet Who Is the 
Victim of Sexual Assault or Related Offense.--
          (1) In general.--The Commandant shall provide for 
        timely consideration of and action on a request 
        submitted by a cadet appointed to the Coast Guard 
        Academy who is the victim of an alleged sexual assault 
        or other offense covered by section 920, 920c, or 930 
        of title 10 (article 120, 120c, or 130 of the Uniform 
        Code of Military Justice) for transfer to a Service 
        Academy or to enroll in a Senior Reserve Officers' 
        Training Corps program affiliated with another 
        institution of higher education.
          (2) Rulemaking.--The Commandant shall prescribe 
        regulations to carry out this subsection that--
                  (A) ensure that any cadet who has been 
                appointed to the Coast Guard Academy is 
                informed of the right to request a transfer 
                pursuant to this subsection, and that any 
                formal request submitted by a cadet is 
                processed as expeditiously as practicable for 
                review and action by the Superintendent;
                  (B) direct the Superintendent of the Coast 
                Guard Academy, in coordination with the 
                Superintendent of the Service Academy to which 
                the cadet requests to transfer--
                          (i) to act on a request for transfer 
                        under this subsection not later than 72 
                        hours after receiving the formal 
                        request from the cadet;
                          (ii) to approve such request for 
                        transfer unless there are exceptional 
                        circumstances that require denial of 
                        the request; and
                          (iii) upon approval of such request, 
                        to take all necessary and appropriate 
                        action to effectuate the transfer of 
                        the cadet to the Service Academy 
                        concerned as expeditiously as possible; 
                        and
                  (C) direct the Superintendent of the Coast 
                Guard Academy, in coordination with the 
                Secretary of the military department that 
                sponsors the Senior Reserve Officers' Training 
                Corps program at the institution of higher 
                education to which the cadet requests to 
                transfer--
                          (i) to act on a request for transfer 
                        under this subsection not later than 72 
                        hours after receiving the formal 
                        request from the cadet;
                          (ii) subject to the cadet's 
                        acceptance for admission to the 
                        institution of higher education to 
                        which the cadet wishes to transfer, to 
                        approve such request for transfer 
                        unless there are exceptional 
                        circumstances that require denial of 
                        the request; and
                          (iii) to take all necessary and 
                        appropriate action to effectuate the 
                        cadet's enrollment in the institution 
                        of higher education to which the cadet 
                        wishes to transfer and to process the 
                        cadet for participation in the relevant 
                        Senior Reserve Officers' Training Corps 
                        program as expeditiously as possible.
          (3) Denial of transfer request.--If the 
        Superintendent of the Coast Guard Academy denies a 
        request for transfer under this subsection, the cadet 
        may request review of the denial by the Secretary of 
        the Department in which the Coast Guard is operating, 
        who shall act on such request not later than 72 hours 
        after receipt of the formal request for review.
          (4) Confidentiality of records.--The Secretary of the 
        Department in which the Coast Guard is operating shall 
        ensure that all records of any request, determination, 
        transfer, or other action under this subsection remain 
        confidential, consistent with applicable law and 
        regulation.
          (5) Appointment to service academy.--A cadet who 
        transfers under this subsection may retain the cadet's 
        appointment to the Coast Guard Academy or may be 
        appointed to the Service Academy to which the cadet 
        transfers without regard to the limitations and 
        requirements described in sections 7442, 8454, and 9442 
        of title 10.
          (6) Appointment upon graduation.--
                  (A) Preference.--A cadet who transfers under 
                this subsection to a Service Academy, is 
                entitled, before graduating from such Academy, 
                to state the preference of the cadet for 
                appointment, upon graduation, as a commissioned 
                officer in the Coast Guard.
                  (B) Manner of appointment.--Upon graduation, 
                a cadet described in subparagraph (A) is 
                entitled to be accepted for appointment as a 
                permanent commissioned officer in the Regular 
                Coast Guard in the same manner as graduates of 
                the Coast Guard Academy as described in section 
                2101.
          (7) Commission into coast guard.--A cadet who 
        transfers under this subsection to a Senior Reserve 
        Officers' Training Corps program affiliated with 
        another institution of higher education is entitled 
        upon graduation from the Senior Reserve Officers' 
        Training program to commission into the Coast Guard as 
        described in section 3738a.
          (8) Service academy defined.--In this subsection, the 
        term ``Service Academy'' has the meaning given such 
        term in section 347 of title 10.
  (g) Room Reassignment.--Coast Guard Academy Cadets may 
request room reassignment if experiencing discomfort due to 
Coast Guard Academy rooming assignments.

           *       *       *       *       *       *       *


Sec. 1907. Authorization of certain support for Coast Guard Academy 
                    foundations

  (a) Authority.--Subject to subsection (b) and pursuant to 
regulations prescribed by the Secretary of the department in 
which the Coast Guard is operating, the Superintendent of the 
Coast Guard Academy may authorize a covered foundation to use, 
on an unreimbursed basis, facilities or equipment of the Coast 
Guard Academy.
  (b) Limitations.--Use of facilities or equipment under 
subsection (a) may be provided only if such use has been 
reviewed and approved by an attorney of the Coast Guard and 
only if such use--
          (1) is without any liability of the United States to 
        the covered foundation;
          (2) does not affect the ability of any official or 
        employee of the Coast Guard, or any member of the armed 
        forces, to carry out any responsibility or duty in a 
        fair and objective manner;
          (3) does not compromise the integrity or appearance 
        of integrity of any program of the Coast Guard, or any 
        individual involved in such a program;
          (4) does not include the participation of any cadet 
        other than participation in an honor guard at an event 
        of the covered foundation; and
          (5) complies with any applicable ethics regulations.
  (c) Briefing.--In any fiscal year during which the 
Superintendent of the Coast Guard Academy exercises the 
authority under subsection (a), the Commandant of the Coast 
Guard shall provide a briefing to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate not later than the last day of 
that fiscal year regarding the number of events or activities 
of a covered foundation supported by such exercise during such 
fiscal year.
  (d) Covered Foundation Defined.--In this section, the term 
``covered foundation'' means a charitable, educational, or 
civic nonprofit organization under section 501(c)(3) of the 
Internal Revenue Code of 1986, that the Secretary concerned 
determines operates exclusively to support, with respect to a 
Service Academy, any of the following:
          (1) Recruiting.
          (2) Parent or alumni development.
          (3) Academic, leadership, or character development.
          (4) Institutional development.
          (5) Athletics.

Sec. 1908. Safe-to-report policy for Coast Guard

  (a) In General.--The Secretary of the department in which the 
Coast Guard is operating shall, in consultation with the 
Secretaries of the military departments, issue such regulations 
as are necessary to establish the safe-to-report policy 
described in subsection (b) that applies with respect to all 
members of the Coast Guard (including members of the reserve 
and auxiliary components of the Coast Guard) and cadets at the 
Coast Guard Academy.
  (b) Safe-to-report Policy.--The safe-to-report policy 
described in this subsection is a policy that prescribes the 
handling of minor collateral misconduct involving a member of 
the Coast Guard who is the alleged victim or reporting witness 
of a sexual assault.
  (c) Mitigating and Aggravating Circumstances.--In issuing 
regulations under subsection (a), the Secretary shall specify 
mitigating circumstances that decrease the gravity of minor 
collateral misconduct or the impact of such misconduct on good 
order and discipline and aggravating circumstances that 
increase the gravity of minor collateral misconduct or the 
impact of such misconduct on good order and discipline for 
purposes of the safe-to-report policy.
  (d) Tracking of Collateral Misconduct Incidents.--In 
conjunction with the issuance of regulations under subsection 
(a), Secretary shall develop and implement a process to 
anonymously track incidents of minor collateral misconduct that 
are subject to the safe-to-report policy established under such 
regulations.
  (e) Minor Collateral Misconduct Defined.--In this section, 
the term ``minor collateral misconduct'' means any minor 
misconduct that is punishable under chapter 47 of title 10 
that--
          (1) is committed close in time to or during a sexual 
        assault and directly related to the incident that 
        formed the basis of the sexual assault allegation;
          (2) is discovered as a direct result of the report of 
        sexual assault or the ensuing investigation into such 
        sexual assault; and
          (3) does not involve aggravating circumstances (as 
        specified in the regulations issued under subsection 
        (a)) that increase the gravity of the minor misconduct 
        or the impact of such misconduct on good order and 
        discipline.

           *       *       *       *       *       *       *


                        SUBCHAPTER III--FACULTY


Sec. 1941. Civilian teaching staff

  (a) The Secretary may appoint in the Coast Guard such number 
of civilian faculty members at the Academy as the needs of the 
Service may require. They shall have such titles and perform 
duties as prescribed by the Secretary. Leaves of absence and 
hours of work for civilian faculty members shall be governed by 
regulations promulgated by the Secretary, without regard to the 
provisions of title 5.
  (b) The Secretary may, without regard to the appointment 
requirements of title 5, United States Code, noncompetitively 
appoint a highly qualified candidate to a faculty position in 
the excepted service.
  [(b)] (c) The compensation of individuals employed under this 
section is as prescribed by the Secretary.

           *       *       *       *       *       *       *


                    CHAPTER 21--PERSONNEL; OFFICERS


                 SUBCHAPTER I--APPOINTMENT AND PROMOTION

Sec.
     * * * * * * *
2132. Designation of officers with particular expertise in military 
          justice or healthcare.
     * * * * * * *

SUBCHAPTER I--APPOINTMENT AND PROMOTION

           *       *       *       *       *       *       *



Sec. 2102. Active duty promotion list

  (a) The Secretary shall maintain a single active duty 
promotion list of officers of the Coast Guard on active duty in 
the grades of ensign and above. Reserve officers on active 
duty, other than pursuant to an active duty agreement executed 
under section 12311 of title 10, retired officers, [and 
officers of the permanent commissioned teaching staff of the 
Coast Guard Academy] officers of the permanent commissioned 
teaching staff of the Coast Guard Academy, and officers 
designated by the Secretary pursuant to section 2132 shall not 
be included on the active duty promotion list.
  (b) Officers shall be carried on the active duty promotion 
list in the order of seniority of the grades in which they are 
serving. Officers serving in the same grade shall be carried in 
the order of their seniority in that grade. The Secretary may 
correct any erroneous position on the active duty promotion 
list that was caused by administrative error.
  (c) An individual appointed in the grade of ensign or above 
in the Regular Coast Guard shall be placed on the active duty 
promotion list in the order of his date of rank and seniority.
  (d) A Reserve officer, other than one excluded by subsection 
(a), shall, when he enters on active duty, be placed on the 
active duty promotion list in accordance with his grade and 
seniority. The position of such a Reserve officer among other 
officers of the Coast Guard on active duty who have the same 
date of rank shall be determined by the Secretary.

Sec. 2103. Number and distribution of commissioned officers on active 
                    duty promotion list

  (a) Maximum Total Number.--
          (1) In general.--The total number of Coast Guard 
        commissioned officers on the active duty promotion 
        list, excluding warrant officers, shall not exceed--
                  (A) 7,100 in fiscal year 2022;
                  (B) 7,200 in fiscal year 2023;
                  (C) 7,300 in fiscal year 2024; and
                  (D) 7,400 in fiscal year 2025 and each 
                subsequent fiscal year.
          (2) Temporary increase.--Notwithstanding paragraph 
        (1), the Commandant may temporarily increase the total 
        number of commissioned officers permitted under such 
        paragraph by up to 4 percent for not more than 60 days 
        after the date of the commissioning of a Coast Guard 
        Academy class.
          (3) Notification.--Not later than 30 days after 
        exceeding the total number of commissioned officers 
        permitted under paragraphs (1) and (2), and each 30 
        days thereafter until the total number of commissioned 
        officers no longer exceeds the number of such officers 
        permitted under paragraphs (1) and (2), the Commandant 
        shall notify the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate of the number of officers on the active duty 
        promotion list on the last day of the preceding 30-day 
        period.
  (b) Distribution Percentages by Grade.--
          (1) Required.--The total number of commissioned 
        officers authorized by this section shall be 
        distributed in grade in the following percentages: 
        0.375 percent for rear admiral; 0.375 percent for rear 
        admiral (lower half); 6.0 percent for captain; 15.0 
        percent for commander; and 22.0 percent for lieutenant 
        commander.
          (2) Discretionary.--The Secretary shall prescribe the 
        percentages applicable to the grades of lieutenant, 
        lieutenant (junior grade), and ensign.
          (3) Authority of secretary to reduce percentage.--The 
        Secretary--
                  (A) may reduce, as the needs of the Coast 
                Guard require, any of the percentages set forth 
                in paragraph (1); and
                  (B) shall apply that total percentage 
                reduction to any other lower grade or 
                combination of lower grades.
  (c) Computations.--
          (1) In general.--The Secretary shall compute, at 
        least once each year, the total number of commissioned 
        officers authorized to serve in each grade by applying 
        the grade distribution percentages established by or 
        under this section to the total number of commissioned 
        officers listed on the current active duty promotion 
        list.
          (2) Rounding fractions.--Subject to subsection (a), 
        in making the computations under paragraph (1), any 
        fraction shall be rounded to the nearest whole number.
          (3) Treatment of officers serving outside coast 
        guard.--The number of commissioned officers on the 
        active duty promotion list below the rank of vice 
        admiral serving with other Federal departments or 
        agencies on a reimbursable basis or excluded under 
        section 324(d) of title 49 shall not be counted against 
        the total number of commissioned officers authorized to 
        serve in each grade.
  (d) Use of Numbers; Temporary Increases.--The numbers 
resulting from computations under subsection (c) shall be, for 
all purposes, the authorized number in each grade; except that 
the authorized number for a grade is temporarily increased 
during the period between one computation and the next by the 
number of officers originally appointed in that grade during 
that period and the number of officers of that grade for whom 
vacancies exist in the next higher grade but whose promotion 
has been delayed for any reason.
  [(e) Officers Serving Coast Guard Academy and Reserve.--The 
number of officers authorized to be serving on active duty in 
each grade of the permanent commissioned teaching staff of the 
Coast Guard Academy and of the Reserve serving in connection 
with organizing, administering, recruiting, instructing, or 
training the reserve components shall be prescribed by the 
Secretary.]
  (e) Secretary to Prescribe Numbers for Certain Officers.--The 
Secretary shall prescribe the number of officers authorized to 
be serving on active duty in each grade of--
          (1) the permanent commissioned teaching staff of the 
        Coast Guard Academy;
          (2) the officers designated by the Secretary pursuant 
        to section 2132; and
          (3) the officers of the Reserve serving in connection 
        with organizing, administering, recruiting, 
        instructing, or training the reserve components.

           *       *       *       *       *       *       *


Sec. 2126. Promotion of officers not included on active duty promotion 
                    list

  Officers who are not included on the active duty promotion 
list may be promoted under regulations to be prescribed by the 
Secretary. These regulations shall, as to officers serving in 
connection with organizing, administering, recruiting, 
instructing, or training the reserve components and as to 
officers designated by the Secretary pursuant to section 2132, 
provide as nearly as practicable, that such officers will be 
selected and promoted in the same manner and will be afforded 
equal opportunity for promotion as officers of the 
corresponding grade on the active duty promotion list.

           *       *       *       *       *       *       *


Sec. 2132. Designation of officers with particular expertise in 
                    military justice or healthcare

  (a) Secretary Designation.--The Secretary may designate a 
limited number of officers of the Coast Guard as having 
particular expertise in--
          (1) military justice; or
          (2) healthcare.
  (b) Promotion and Grade.--An individual designated under this 
section--
          (1) shall not be included on the active duty 
        promotion list;
          (2) shall be promoted under section 2126; and
          (3) may not be promoted to a grade higher than 
        captain.

  SUBCHAPTER II--DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS; 
SEPARATION FOR CAUSE

           *       *       *       *       *       *       *



Sec. 2158. Review of records of officers

   [The Secretary] (a)  In General._The Secretary  may at any 
time convene a board of officers to review the record of any 
officer of the Regular Coast Guard to determine whether he 
shall be required to show cause for his retention on active 
duty--
          (1) because his performance of duty has fallen below 
        the standards prescribed by the Secretary, or
          (2) because of moral dereliction, professional 
        dereliction, or because his retention is not clearly 
        consistent with the interests of national security.
  (b) Higher-level Review of Sexual Assault Cases.--
          (1) In general.--If a board convened under this 
        section determines that the officer should be retained 
        when the officer's record indicates that the officer 
        has committed a sexual assault offense, the board shall 
        forward the record of the proceedings and 
        recommendation of the board for higher-level review, in 
        accordance with regulations prescribed by the 
        Secretary.
          (2) Authority.--The official exercising higher-level 
        review shall have authority to forward the case for 
        consideration by a Board of Inquiry in accordance with 
        section 2159.
  (c) Sexual Assault Offense Defined.--In this section, the 
term ``sexual assault offense'' means a violation of section 
920 or 920b of title 10, United States Code (article 120 or 
120b of the Uniform Code of Military Justice) or attempt to 
commit an offense specified under section 920 or 920b as 
punishable under section 880 of such title (article 80 of the 
Uniform Code of Military Justice).

           *       *       *       *       *       *       *


               CHAPTER 25--PERSONNEL; GENERAL PROVISIONS


                    SUBCHAPTER I--GENERAL PROVISIONS

     * * * * * * *
Sec.
     * * * * * * *
2517. Direct hire authority for certain personnel of United States Coast 
          Guard.
2518. Review of discharge or dismissal.
     * * * * * * *

SUBCHAPTER I--GENERAL PROVISIONS

           *       *       *       *       *       *       *



Sec. 2517. Direct hire authority for certain personnel of Coast Guard

  (a) In General.--The Commandant may appoint, without regard 
to the provisions of subchapter I of chapter 33 of title 5 
(other than section 3303 and 3328 of such chapter), qualified 
candidates to any non-clinical specialist intended to engage in 
the integrated primary prevention of harmful behaviors, 
including suicide, sexual assault, harassment, domestic abuse, 
and child abuse and qualified candidates to any criminal 
investigative law enforcement position of the Coast Guard 
Criminal Investigative Service intended to engage in the 
primary response to such harmful behaviors.
  (b) Sunset.--Effective on September 30, 2034, the authority 
provided under subsection (a) shall cease.

Sec. 2518. Review of discharge or dismissal

  (a) Downgrade.--
          (1) In general.--In addition to the requirements of 
        section 1553 of title 10, a board of review for a 
        former member of the Coast Guard established pursuant 
        to such section may, upon a motion of the board and 
        subject to review by the Secretary of the department in 
        which the Coast Guard is operating, downgrade an 
        honorable discharge or dismissal to a general (under 
        honorable conditions) discharge or dismissal upon a 
        finding that a former member of the Coast Guard, while 
        serving on active duty as a member of the armed forces, 
        committed sexual assault or sexual harassment in 
        violation of section 920, 920b, or 934 of this title 
        (article 120, 120b, or 134 of the Uniform Code of 
        Military Justice).
          (2) Evidence.--Any downgrade under paragraph (1) 
        shall be supported by clear and convincing evidence.
          (3) Limitation.--The review board under paragraph (1) 
        may not downgrade a discharge or dismissal of a former 
        member of the Coast Guard if the same action described 
        in paragraph (1) was considered prior to separation 
        from active duty by an administrative board in 
        determining the characterization of discharge as 
        otherwise provided by law and in accordance with 
        regulations prescribed by the Secretary of the 
        Department in which the Coast Guard is operating.
  (b) Procedural Rights.--
          (1) In general.--A review by a board established 
        under section 1553 of title 10 shall be based on the 
        records of the armed forces concerned and such other 
        evidence as may be presented to the board.
          (2) Evidence by witness.--A witness may present 
        evidence to the board in person or by affidavit.
          (3) Appearance before board.--A person who requests a 
        review under this section may appear before the board 
        in person or by counsel or an accredited representative 
        of an organization recognized by the Secretary of 
        Veterans Affairs under chapter 59 of title 38.
          (4) Notification.--A former member of the Coast Guard 
        who is subject to a downgrade in discharge 
        characterization review under subsection (b)(3) shall 
        be notified in writing of such proceedings, afforded 
        the right to obtain copies of records and documents 
        relevant to the proceedings, and the right to appear 
        before the board in person or by counsel or an 
        accredited representative of an organization recognized 
        by the Secretary of Veterans Affairs under chapter 59 
        of title 38.

           *       *       *       *       *       *       *


CHAPTER 27--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

           *       *       *       *       *       *       *



SUBCHAPTER I--PERSONNEL RIGHTS AND BENEFITS

           *       *       *       *       *       *       *



Sec. 2708. Clothing for officers and enlisted personnel

  (a) The Coast Guard may purchase uniforms, accouterments, and 
related equipment for sale to officer personnel and cadets of 
the Coast Guard.
  (b) The Coast Guard may purchase uniform clothing for sale to 
enlisted personnel of the Coast Guard. The actual cost of the 
clothing thus sold to enlisted personnel may be withheld from 
their pay.
  (c) The Coast Guard may provide a cash allowance in such 
amount as the Secretary of the department in which the Coast 
Guard is operating shall determine in regulations to be paid to 
pregnant officer personnel for the purchase of maternity-
related uniform items if such uniform items are not so 
furnished to the member.

           *       *       *       *       *       *       *


    CHAPTER 29--COAST GUARD FAMILY SUPPORT, CHILD CARE, AND HOUSING


                   SUBCHAPTER I--COAST GUARD FAMILIES

Sec.
     * * * * * * *
2907. Parental leave for members of certain reserve components of Coast 
          Guard.
     * * * * * * *

SUBCHAPTER I--COAST GUARD FAMILIES

           *       *       *       *       *       *       *



Sec. 2907. Parental leave for members of certain reserve components of 
                    Coast Guard

  (a)(1) Under regulations prescribed by the Secretary, a 
member of the reserve component of the Coast Guard described in 
subsection (b) is allowed parental leave for a duration of up 
to 12 inactive-duty training periods, under section 206 of 
title 37, during the one-year period beginning after the 
following events:
          (A) the birth or adoption of a child of the member 
        and to care for such child; or
          (B) the placement of a minor child with the member 
        for adoption or long-term foster care.
  (2)(A) The Secretary of the department in which the Coast 
Guard is operating, may authorize leave described under 
subparagraph (A) to be taken after the one-year period 
described in subparagraph (A) in the case of a member described 
in subsection (b) who, except for this subparagraph, would lose 
unused parental leave at the end of the one-year period 
described in subparagraph (A) as a result of--
          (i) operational requirements;
          (ii) professional military education obligations; or
          (iii) other circumstances that the Secretary 
        determines reasonable and appropriate.
  (B) The regulations prescribed under clause (i) shall require 
that any leave authorized to be taken after the one-year period 
described in subparagraph (A) shall be taken within a 
reasonable period of time, as determined by the Secretary in 
which the department is operating, after cessation of the 
circumstances warranting the extended deadline.
  (b) A member described in this subsection is a member of the 
Coast Guard who is a member of--
          (1) the selected reserve who is entitled to 
        compensation under section 206 of title 37; or
          (2) the individual ready reserve who is entitled to 
        compensation under section 206 of title 37 when 
        attending or participating in a sufficient number of 
        periods of inactive-duty training during a year to 
        count the year as a qualifying year of creditable 
        service toward eligibility for retired pay.

           *       *       *       *       *       *       *


SUBTITLE III--COAST GUARD RESERVE AND AUXILIARY

           *       *       *       *       *       *       *


CHAPTER 37--COAST GUARD RESERVE

           *       *       *       *       *       *       *



SUBCHAPTER II--PERSONNEL

           *       *       *       *       *       *       *



Sec. 3736. Precedence

  (a) Reserve officers rank and take precedence in their 
respective grades among themselves and with officers of the 
same grade on the active duty [promotion list and the] 
promotion list, officers designated by the Secretary pursuant 
to section 2132, and the officers on the permanent commissioned 
teaching staff in accordance with their dates of rank. When 
Reserve officers and officers on the active duty [promotion 
list or the] promotion list, officers designated by the 
Secretary pursuant to section 2132, or the officers on the 
permanent commissioned teaching staff have the same date of 
rank in a grade, they take precedence as determined by the 
Secretary.
  (b) Notwithstanding any other law, a Reserve officer shall 
not lose precedence when transferred to or from the active duty 
promotion list, nor shall that officer's date of rank be 
changed due to the transfer.
  (c) A Reserve officer shall, when on the active duty 
promotion list, be promoted in the same manner as any other 
officer on the active duty promotion list regardless of the 
length of active duty service of the Reserve officer.
  (d) Notwithstanding any other law, a Reserve officer shall 
not lose precedence by reason of promotion to the grade of rear 
admiral or rear admiral (lower half), if the promotion is 
determined in accordance with a running mate system.
  (e) The Secretary shall adjust the date of rank of a Reserve 
officer so that no changes of precedence occur.

           *       *       *       *       *       *       *


Sec. 3740. Promotion; recommendations of selection boards

  (a) Except as otherwise provided by law, a Reserve officer 
shall only be promoted pursuant to the recommendation of a 
selection board.
  (b) The Secretary shall convene selection boards from time to 
time to recommend Reserve officers for promotion to the next 
higher grade. A board may be convened to consider officers in 
one or more grades.
  (c) A selection board shall, from among the names of those 
eligible Reserve officers submitted to it, recommend for 
promotion to the next higher grade:
          (1) those officers serving in the grade of lieutenant 
        (junior grade) or above whom it considers to be best 
        qualified; and
          (2) those officers serving in the grade of ensign 
        whom it considers to be fully qualified.
  (d)(1) Before convening a selection board to recommend 
Reserve officers for promotion, the Secretary shall establish a 
promotion zone for officers serving in each grade to be 
considered by the board. The Secretary shall determine the 
number of officers in the promotion zone for officers serving 
in any grade from among officers who are eligible for promotion 
in that grade.
  (2)(A) Before convening a selection board to recommend 
Reserve officers for promotion to a grade (other than the grade 
of lieutenant (junior grade)), the Secretary shall determine 
the maximum number of officers in that grade that the board may 
recommend for promotion.
  (B) The Secretary shall make the determination under 
subparagraph (A) of the maximum number that may be recommended 
with a view to having in an active status a sufficient number 
of Reserve officers in each grade to meet the needs of the 
Coast Guard for Reserve officers in an active status.
  (C) In order to make the determination under subparagraph 
(B), the Secretary shall determine the following:
          (i) The number of positions needed to accomplish 
        mission objectives that require officers in the grade 
        to which the board will recommend officers for 
        promotion.
          (ii) The estimated number of officers needed to fill 
        vacancies in such positions during the period in which 
        it is anticipated that officers selected for promotion 
        will be promoted.
          (iii) The number of officers authorized by the 
        Secretary to serve in an active status in the grade 
        under consideration.
          (iv) Any statutory limitation on the number of 
        officers in any grade authorized to be in an active 
        status.
  (3)(A) The Secretary may, when the needs of the Coast Guard 
require, authorize the consideration of officers in a grade 
above lieutenant (junior grade) for promotion to the next 
higher grade from below the promotion zone.
  (B) When selection from below the promotion zone is 
authorized, the Secretary shall establish the number of 
officers that may be recommended for promotion from below the 
promotion zone. That number may not exceed the number equal to 
10 percent of the maximum number of officers that the board is 
authorized to recommend for promotion, except that the 
Secretary may authorize a greater number, not to exceed 15 
percent of the total number of officers that the board is 
authorized to recommend for promotion, if the Secretary 
determines that the needs of the Coast Guard so require. If the 
maximum number determined under this subparagraph is less than 
one, the board may recommend one officer for promotion from 
below the promotion zone.
  (C) The number of officers recommended for promotion from 
below the promotion zone does not increase the maximum number 
of officers that the board is authorized to recommend for 
promotion under paragraph (2).
  (e) The law and regulations relating to the selection for 
promotion of a commissioned officer of the Regular Coast Guard 
to the grades of rear admiral (lower half) and rear admiral 
apply to a Reserve officer, except that to be eligible for 
consideration for promotion to the grade of rear admiral (lower 
half) an officer shall have completed at least ten years 
commissioned service, of which the last five years shall have 
been served in the Coast Guard Reserve.
  (f) The provisions of [section 2117] sections 2115 and 2117 
of this title apply to boards convened under this section. The 
Secretary shall determine the procedure to be used by a 
selection board.
  (g) The report of a selection board shall be submitted to the 
Secretary for review and transmission to the President for 
approval. When an officer recommended by a board for promotion 
is not acceptable to the President, the President may remove 
the name of that officer from the report of the board.
  (h) The recommendations of a selection board, as approved by 
the President, constitute a list of selectees from which the 
promotions of Reserve officers shall be made. An officer on a 
list of selectees remains thereon until promoted unless removed 
by the President under section 3749 of this title. If an 
existing list of selectees has not been exhausted by the time a 
later list has been approved, all officers remaining on the 
older list shall be tendered appointments prior to those on the 
later list.
  (i) A Reserve officer whose name is on a list of selectees 
for promotion shall, unless that officer's promotion is 
lawfully withheld, be tendered an appointment in the next 
higher grade on the date a vacancy occurs, or as soon 
thereafter as practicable in the grade to which the officer was 
selected for promotion or, if promotion was determined in 
accordance with a running mate system, at the same time, or as 
soon thereafter as practicable, as that officer's running mate 
is tendered a similar appointment.

           *       *       *       *       *       *       *


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 2025 and 2026 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) $11,287,500,000 for fiscal year 2025; and
                  (ii) $11,851,875,000 for fiscal year 2026.
          (B) Of the amount authorized under subparagraph 
        (A)(i), [$23,456,000] $25,570,000 shall be for 
        environmental compliance and restoration.
          (C) Of the amount authorized under subparagraph 
        (A)(ii), [$24,353,000] $26,848,500 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 2025; and
                  (ii) $3,651,480,000 for fiscal year 2026.
          (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.
          (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) $15,415,000 for fiscal year 2025; and
                  (B) $16,185,750 for fiscal year 2026.
          [(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 purposes of retired pay, payments 
        under the Retired Serviceman's Family Protection Plan 
        and the Survivor Benefit Plan, payment for career 
        status bonuses, payment of continuation pay under 
        section 356 of title 37, concurrent receipts, combat-
        related special compensation, and payments for medical 
        care of retired personnel and their dependents under 
        chapter 55 of title 10, $1,210,840,000 for fiscal year 
        2025.

           *       *       *       *       *       *       *


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 2025 and 
2026.
  (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 2025 and 2026 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.

           *       *       *       *       *       *       *


                          CHAPTER 51--REPORTS


Sec.
     * * * * * * *
5116. Implementation status of directed actions.

           *       *       *       *       *       *       *


Sec. 5112. Sexual assault and sexual harassment in the Coast Guard

  (a) In General.--Not later than [January 15] March 1 of each 
year, the Commandant of the Coast Guard shall submit a report 
on the sexual assaults and incidents of sexual harassment 
involving members of the Coast Guard to the Committee on 
Transportation and Infrastructure and the Committee on Homeland 
Security of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.
  (b) Contents.--The report required under subsection (a) shall 
contain the following:
          (1) The number of sexual assaults and incidents of 
        sexual harassment against members of the Coast Guard, 
        and the number of sexual assaults and incidents of 
        sexual harassment by members of the Coast Guard, that 
        were reported to military officials during the year 
        covered by such report, and the number of the cases so 
        reported that were substantiated.
          (2) A synopsis of, and the disciplinary action taken 
        in, each substantiated case.
          (3) The policies, procedures, and processes 
        implemented by the Secretary concerned during the year 
        covered by such report in response to incidents of 
        sexual assault and sexual harassment involving members 
        of the Coast Guard concerned.
          (4) A plan for the actions that are to be taken in 
        the year following the year covered by such report on 
        the prevention of and response to sexual assault and 
        sexual harassment involving members of the Coast Guard 
        concerned.
          (5)(A) The number of instances in which a covered 
        individual was accused of misconduct or crimes 
        considered collateral to the investigation of a sexual 
        assault committed against the individual.
          (B) The number of instances in which adverse action 
        was taken against a covered individual who was accused 
        of collateral misconduct or crimes as described in 
        subparagraph (A).
          (C) The percentage of investigations of sexual 
        assaults that involved an accusation or adverse action 
        against a covered individual as described in 
        subparagraphs (A) and (B).
          (D) In this paragraph, the term ``covered 
        individual'' means an individual who is identified as a 
        victim of a sexual assault in the case files of a 
        military criminal investigative organization.

           *       *       *       *       *       *       *


Sec. 5116. Implementation status of directed actions

  (a) In General.--Not later than March 1, 2025, and not later 
than March 1 of each of the 3 subsequent years thereafter, the 
Commandant shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a report on the status of the implementation of each 
directed action outlined in enclosure 1 of the memorandum of 
the Commandant titled ``Commandant's Directed Actions--
Accountability and Transparency'', dated November 27, 2023.
  (b) Contents.--The report required under section (a) shall 
contain the following:
          (1) The status of the implementation of each directed 
        action from enclosure 1 of the memorandum titled 
        ``Commandant's Directed Actions--Accountability and 
        Transparency'' dated November 27, 2023.
          (2) A plan and timeline for the next steps to be 
        taken to complete outstanding directed actions in 
        enclosure 1 of the memorandum titled ``Commandant's 
        Directed Actions--Accountability and Transparency'' 
        dated November 27, 2023, including identifying the 
        individual the Commandant has selected to ensure the 
        successful completion of each directed action.
          (3) Metrics to determine the effectiveness of each 
        directed action in such enclosure.
          (4) Any additional actions the Commandant is taking 
        to mitigate instances of sexual assault and sexual 
        harassment within the Coast Guard.

           *       *       *       *       *       *       *

                              ----------                              


            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.
     * * * * * * *

                  Subtitle G--Miscellaneous Provisions

     * * * * * * *
[Sec. 11269. Public availability of information on monthly migrant 
          interdictions.]

           *       *       *       *       *       *       *


TITLE CXII--COAST GUARD

           *       *       *       *       *       *       *


Subtitle C--Arctic

           *       *       *       *       *       *       *


SEC. 11221. PRIBILOF ISLAND TRANSITION COMPLETION ACTIONS.

  (a) Actual Use and Occupancy Reports.--Not later than 90 days 
after enactment of this Act, and quarterly thereafter, 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--
          (1) the degree to which Coast Guard personnel and 
        equipment are deployed to St. Paul Island, Alaska, in 
        actual occupancy of the facilities, as required under 
        section 524 of the Pribilof Island Transition 
        Completion Act of 2016 (Public Law 114-120); and
          (2) the status of the activities described in 
        subsections (c) and (d) until such activities have been 
        completed.
  (b) Aircraft Hanger.--The Secretary may--
          (1) enter into a lease for a hangar to house deployed 
        Coast Guard aircraft if such hanger was previously 
        under lease by the Coast Guard for purposes of housing 
        such aircraft; and
          (2) enter into an agreement with the lessor of such a 
        hanger in which the Secretary may carry out repairs 
        necessary to support the deployment of such aircraft 
        and the cost of such repairs may be offset under the 
        terms of the lease.
  (c) Fuel Tank.--
          (1) In general.--Not later than 30 days after the 
        date of enactment of this Act, the Commandant shall 
        notify the Alaska Native Village Corporation for St. 
        Paul Island, Alaska of the availability of any fuel 
        tank--
                  (A) which is located on property on St. Paul 
                Island, Alaska, which is leased by the Coast 
                Guard for the purpose of housing such a fuel 
                tank; and
                  (B) for which the Commandant has determined 
                that the Coast Guard no longer has an 
                operational need.
          (2) Transfer.--If not later than 30 days after a 
        notification under subsection (a), the Alaska Native 
        Village Corporation for St. Paul Island, Alaska 
        requests that the ownership of the tank be transferred 
        to such corporation then the Commandant shall--
                  (A) after conducting any necessary 
                environmental remediation pursuant to the lease 
                referred to in paragraph (1)(A), transfer 
                ownership of such fuel tank to such 
                corporation; and
                  (B) upon the date of such transfer, terminate 
                the lease referred to in paragraph (1)(A).
  (d) Savings Clause.--Nothing in this section shall be 
construed to limit any rights of the Alaska Native Village 
Corporation for St. Paul to receive conveyance of all or part 
of the lands and improvements related to Tract 43 under the 
same terms and conditions as prescribed in section 524 of the 
Pribilof Island Transition Completion Act of 2016 (Public Law 
114-120).
  (e) Additional Reports on Status of Use of Facilities and 
Helicopter Basing.--Beginning with the first quarterly report 
required under subsection (a) submitted after the date of 
enactment of the Coast Guard Authorization Act of 2024, the 
Secretary shall include in each such report--
          (1) the status of the use of recently renovated Coast 
        Guard housing facilities, food preparation facilities, 
        and maintenance and repair facilities on St. Paul 
        Island, Alaska, including a projected date for full use 
        and occupancy of such facilities in support of Coast 
        Guard missions in the Bering Sea; and
          (2) a detailed plan for the acquisition and 
        construction of a hangar in close proximity to existing 
        St. Paul airport facilities to house 1 or more Coast 
        Guard helicopters for the prosecution of Coast Guard 
        operational missions, including plans for the use of 
        land needed for such hangar.

           *       *       *       *       *       *       *


Subtitle G--Miscellaneous Provisions

           *       *       *       *       *       *       *


[SEC. 11269. PUBLIC AVAILABILITY OF INFORMATION ON MONTHLY DRUG AND 
                    MIGRANT INTERDICTION.

  [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.]

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 46, UNITED STATES CODE



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

           *       *       *       *       *       *       *


SUBTITLE II--VESSELS AND [SEAMEN] SEAFARER

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


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] section 101 
        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.

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Sec. 2116. Marine safety strategy, goals, and performance assessments

  (a) Long-Term Strategy and Goals.--In conjunction with 
existing federally required strategic planning efforts, the 
Secretary shall develop a long-term strategy for improving 
vessel safety and the safety of individuals on vessels. The 5-
year strategy shall include the issuance of a plan and schedule 
for achieving the following goals:
          (1) Reducing the number and rates of marine 
        casualties.
          (2) Improving the consistency and effectiveness of 
        vessel and operator enforcement and compliance 
        programs.
          (3) Identifying and targeting enforcement efforts at 
        high-risk vessels and operators.
          (4) Improving research efforts to enhance and promote 
        vessel and operator safety and performance.
  (b) 5-Year Strategy and Plan.--
          (1) Measurable goals.--The 5-year strategy and plan 
        shall include specific numeric or measurable goals 
        designed to achieve the goals set forth in subsection 
        (a). The purposes of the numeric or measurable goals 
        are the following:
                  (A) To increase the number of safety 
                examinations on all high-risk vessels.
                  (B) To eliminate the backlog of marine 
                safety-related rulemakings.
                  (C) To improve the quality and effectiveness 
                of marine safety information databases by 
                ensuring that all Coast Guard personnel 
                accurately and effectively report all safety, 
                casualty, and injury information.
                  (D) To provide for a sufficient number of 
                Coast Guard marine safety personnel, and 
                provide adequate facilities and equipment to 
                carry out the functions referred to in [section 
                93(c)] section 504(c) of title 14.
          (2) Resource needs.--The 5-year strategy and plan 
        shall include estimates of--
                  (A) the funds and staff resources needed to 
                accomplish each activity included in the 
                strategy and plan; and
                  (B) the staff skills and training needed for 
                timely and effective accomplishment of each 
                goal.
  (c) Submission With the President's Budget.--Not later than 5 
years after the date of the enactment of the Elijah E. Cummings 
Coast Guard Authorization Act of 2020, and every 5 years 
thereafter, the Secretary shall submit to Congress the strategy 
and plan not later than 60 days following the transmission of 
the President's budget submission under section 1105 of title 
31.
  (d) Achievement of Goals.--
          (1) Progress assessment.--In conjunction with the 
        submission of the 5-year strategy and plan, the 
        Commandant shall assess the progress of the Coast Guard 
        toward achieving the goals set forth in subsection (b). 
        The Commandant shall convey the Commandant's assessment 
        to the employees of the marine safety workforce and 
        shall identify any deficiencies that should be remedied 
        before the next progress assessment.
          (2) Periodic briefings.--The Secretary shall 
        periodically brief the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives--
                  (A) on the performance of the marine safety 
                program in achieving the goals of the marine 
                safety strategy and plan under subsection (a) 
                for the period covered by the briefing;
                  (B) on the program's mission performance in 
                achieving numerical measurable goals 
                established under subsection (b), including--
                          (i) the number of civilian and 
                        military Coast Guard personnel assigned 
                        to marine safety positions; and
                          (ii) an identification of marine 
                        safety positions that are understaffed 
                        to meet the workload required to 
                        accomplish each activity included in 
                        the strategy and plan under subsection 
                        (a); and
                  (C) recommendations on how to improve 
                performance of the program.

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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.

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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) Risk-based Examination.--
          (1) In general.--With respect to examinations of 
        foreign-flagged vessels to which this chapter applies, 
        the Secretary may adopt a risk-based examination 
        schedule to which such vessels shall be examined and 
        the frequency with which the examinations occur.
          (2) Restriction.--The Secretary may not adopt a risk-
        based examination schedule under paragraph (1) until 
        the Secretary has--
                  (A) received and reviewed the study by the 
                National Academies required under section 
                8254(b) of the William M. (Mac) Thornberry 
                National Defense Authorization Act for Fiscal 
                Year 2021 (Public Law 116-283);
                  (B) conducted the assessment recommended in 
                the report of the Government Accountability 
                Office submitted under section 8254(a) of such 
                Act;
                  (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.

           *       *       *       *       *       *       *


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) to conduct safety and prevention training 
                that addresses behavioral and physical health 
                risks, to include substance use disorder and 
                worker fatigue, facing fishing vessel operators 
                and crewmembers; and
          [(B)] (C) 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] subsection--
          (A) on a competitive basis; and
          (B) based on criteria developed in consultation with 
        the Commandant of the Coast Guard.
  (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] to the Secretary of Health and Human Services 
$6,000,000 for each of fiscal years 2025 and 2026 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, and understanding and mitigating 
behavioral and physical health risks, to include substance use 
disorder and worker fatigue, facing members of the commercial 
fishing industry.
  (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] subsection--
          (A) on a competitive basis; and
          (B) based on criteria developed in consultation with 
        the Commandant of the Coast Guard.
  (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] to the Secretary of Health and Human Services 
$6,000,000 for each of fiscal years 2025 and 2026 for 
activities 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.

           *       *       *       *       *       *       *


                      CHAPTER 47--[BARGES] VESSELS


Sec.

                          Subchapter I--Barges

4701. Definitions.
     * * * * * * *

                         Subchapter II--Vessels

4710. Definitions.
4711. Abandonment of vessels prohibited.
4712. Inventory of abandoned vessels.

                          SUBCHAPTER I--BARGES


Sec. 4701. Definitions

  In this [chapter] subchapter--
          (1) ``abandon'' means to moor, strand, wreck, sink, 
        or leave a barge 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 unattended for longer than forty-
        five days.
          (2) ``barge removal contractor'' means a person that 
        enters into a contract with the United States to remove 
        an abandoned barge under this [chapter] subchapter.
          (3) ``navigable waters of the United States'' means 
        waters of the United States, including the territorial 
        sea.
          (4) ``removal'' or ``remove'' means relocation, sale, 
        scrapping, or other method of disposal.

           *       *       *       *       *       *       *


Sec. 4703. Penalty for unlawful abandonment of barge

  Thirty days after the notification procedures under section 
4704(a)(1) are completed, the Secretary may assess a civil 
penalty of not more than $1,000 for each day of the violation 
against an owner or operator that violates section 4702. A 
vessel with respect to which a penalty is assessed under this 
[chapter] subchapter is liable in rem for the penalty.

Sec. 4704. Removal of abandoned barges

  (a)(1) The Secretary may remove a barge that is abandoned 
after complying with the following procedures:
          (A) If the identity of the owner or operator can be 
        determined, the Secretary shall notify the owner or 
        operator by certified mail--
                  (i) that if the barge is not removed it will 
                be removed at the owner's or operator's 
                expense; and
                  (ii) of the penalty under section 4703.
          (B) If the identity of the owner or operator cannot 
        be determined, the Secretary shall publish an 
        announcement in--
                  (i) a notice to mariners; and
                  (ii) an official journal of the county in 
                which the barge is located
that if the barge is not removed it will be removed at the 
owner's or operator's expense.
  (2) The United States, and any officer or employee of the 
United States is not liable to an owner or operator for damages 
resulting from removal of an abandoned barge under this 
[chapter] subchapter.
  (b) The owner or operator of an abandoned barge is liable, 
and an abandoned barge is liable in rem, for all expenses that 
the United States incurs in removing an abandoned barge under 
this [chapter] subchapter.
  (c)(1) The Secretary may, after providing notice under 
subsection (a)(1), solicit by public advertisement sealed bids 
for the removal of an abandoned barge.
  (2) After solicitation under paragraph (1) the Secretary may 
award a contract. The contract--
          (A) may be subject to the condition that the barge 
        and all property on the barge is the property of the 
        barge removal contractor; and
          (B) must require the barge removal contractor to 
        submit to the Secretary a plan for the removal.
  (3) Removal of an abandoned barge may begin thirty days after 
the Secretary completes the procedures under subsection (a)(1).

Sec. 4705. Liability of barge removal contractors

  (a) A barge removal contractor and its subcontractor are not 
liable for damages that result from actions taken or omitted to 
be taken in the course of removing a barge under this [chapter] 
subchapter.
  (b) Subsection (a) does not apply--
          (1) with respect to personal injury or wrongful 
        death; or
          (2) if the contractor or subcontractor is grossly 
        negligent or engages in willful misconduct.

                    SUBCHAPTER II--NON-BARGE VESSELS

Sec. 4710. Definitions

  In this subchapter:
          (1) Abandon.--The term ``abandon'' means to moor, 
        strand, wreck, sink, or leave a covered vessel 
        unattended for longer than 45 days.
          (2) Covered vessel.--The term ``covered vessel'' 
        means a vessel that is not a barge to which subchapter 
        I applies.
          (3) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given such term in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).

Sec. 4711. Abandonment of vessels prohibited

  (a) In General.--An owner or operator of a covered vessel may 
not abandon such vessel on the navigable waters of the United 
States.
  (b) Determination of Abandonment.--
          (1) Notification.--
                  (A) In general.--With respect to a covered 
                vessel that appears to be abandoned, the 
                Commandant of the Coast Guard shall--
                          (i) attempt to identify the owner 
                        using the vessel registration number, 
                        hull identification number, or any 
                        other information that can be 
                        reasonably inferred or gathered; and
                          (ii) notify such owner--
                                  (I) of the penalty described 
                                in subsection (c); and
                                  (II) that the vessel will be 
                                removed at the expense of the 
                                owner if the Commandant 
                                determines that the vessel is 
                                abandoned and the owner does 
                                not remove or account for the 
                                vessel.
                  (B) Form.--The Commandant shall provide the 
                notice required under subparagraph (A)--
                          (i) if the owner can be identified, 
                        via certified mail or other appropriate 
                        forms determined by the Commandant; or
                          (ii) if the owner cannot be 
                        identified, via an announcement in a 
                        local publication and on a website 
                        maintained by the Coast Guard.
          (2) Determination.--The Commandant shall make a 
        determination not earlier than 45 days after the date 
        on which the Commandant provides the notification 
        required under paragraph (1) of whether a covered 
        vessel described in such paragraph is abandoned.
  (c) Penalty.--
          (1) In general.--The Commandant may assess a civil 
        penalty of not more than $500 against an owner or 
        operator of a covered vessel determined to be abandoned 
        under subsection (b) for a violation of subsection (a).
          (2) Liability in rem.--The owner or operator of a 
        covered vessel shall also be liable in rem for a 
        penalty imposed under paragraph (1).
  (d) Vessels Not Abandoned.--The Commandant may not determine 
that a covered vessel is abandoned under this section if--
          (1) such vessel is located at a federally approved or 
        State approved mooring area;
          (2) such vessel is located on private property with 
        the permission of the owner of such property;
          (3) the owner or operator of such vessel provides a 
        notification to the Commandant that--
                  (A) indicates the location of the vessel;
                  (B) indicates that the vessel is not 
                abandoned; and
                  (C) contains documentation proving that the 
                vessel is allowed to be in such location; or
          (4) the Commandant determines that such an 
        abandonment determination would not be in the public 
        interest.

Sec. 4712. Inventory of abandoned vessels

  (a) In General.--Not later than 1 year after the date of 
enactment of this section, the Commandant, in consultation with 
the Administrator of the National Oceanic and Atmospheric 
Administration and relevant State agencies, shall establish and 
maintain a national inventory of covered vessels that are 
abandoned.
  (b) Contents.--The inventory established and maintained under 
subsection (a) shall include data on each vessel, including 
geographic information system data related to the location of 
each such vessel.
  (c) Publication.--The Commandant shall make the inventory 
established under subsection (a) publicly available on a 
website of the Coast Guard.
  (d) Reporting of Potentially Abandoned Vessels.--In carrying 
out this section, the Commandant shall develop a process by 
which--
          (1) a State, Indian Tribe, or person may report a 
        covered vessel that may be abandoned to the Commandant 
        for potential inclusion in the inventory established 
        under subsection (a); and
          (2) the Commandant shall review any such report and 
        add such vessel to the inventory if the Commandant 
        determines that the reported vessel is abandoned 
        pursuant to section 4711.

           *       *       *       *       *       *       *


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.
     * * * * * * *
[7102. Citizenship.]
7102. Citizenship or noncitizen nationality.
     * * * * * * *

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.
     * * * * * * *
[7304. Citizenship notation on merchant mariners' documents.]
7304. Citizenship or noncitizen nationality notation on 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] 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. 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] 7307-7312 
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.]

Sec. 7511. Convicted sex offender as grounds for denial

  (a) Sexual Abuse.--A license, certificate of registry, or 
merchant mariner's document authorized to be issued under this 
part shall be denied to an individual who has been convicted of 
a sexual offense prohibited under--
          (1) chapter 109A of title 18, except for subsection 
        (b) of section 2244 of title 18; [or]
          (2) section 920 or 920b of title 10 (article 120 and 
        120b of the Uniform Code of Military Justice); or
          [(2)] (3) a substantially similar offense under 
        [State, local, or Tribal law] Federal, State, local, or 
        Tribal law.
  (b) Abusive Sexual Contact.--A license, certificate of 
registry, or merchant mariner's document authorized to be 
issued under this part may be denied to an individual who 
within 5 years before applying for the license, certificate, or 
document, has been convicted of a sexual offense prohibited 
under subsection (b) of section 2244 of title 18, or a 
substantially similar offense under State, local, or Tribal 
law.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


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.
          (3) Energy production or transmission facility 
        defined.--In this subsection, the term ``energy 
        production or transmission facility'' means a floating 
        offshore facility that is--
                  (A) not a vessel;
                  (B) securely and substantially moored to the 
                seabed, but not by driven pile anchors; and
                  (C) equipped with wind turbines which are 
                used for the generation and transmission of 
                non-mineral energy resources.

           *       *       *       *       *       *       *


                     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 National Advisory Committee on Autonomous 
          Maritime Systems.
     * * * * * * *

Sec. 15106. National Offshore Safety Advisory Committee

  (a) Establishment.--There is established a National Offshore 
Safety Advisory Committee (in this section referred to as the 
``Committee'').
  (b) Function.--The Committee shall advise the Secretary on 
matters relating to activities directly involved with, or in 
support of, the exploration of offshore mineral and energy 
resources, to the extent that such matters are within the 
jurisdiction of the Coast Guard.
  (c) Membership.--
          (1) In general.--The Committee shall consist of [15 
        members] 17 members appointed by the Secretary in 
        accordance with this section and section 15109 of this 
        chapter.
          (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.--Members of the Committee shall 
        be appointed as follows:
                  (A) 2 members shall represent entities 
                engaged in the production of petroleum.
                  (B) 2 members shall represent entities 
                engaged in offshore drilling.
                  (C) 2 members shall represent entities 
                engaged in the support, by offshore supply 
                vessels or other vessels, of offshore 
                operations.
                  (D) 1 member shall represent entities engaged 
                in the construction of offshore facilities.
                  (E) 1 member shall represent entities 
                providing diving services to the offshore 
                industry.
                  (F) 1 member shall represent entities 
                providing safety and training services to the 
                offshore industry.
                  (G) 1 member shall represent entities 
                providing subsea engineering, construction, or 
                remotely operated vehicle support to the 
                offshore industry.
                  (H) 2 members shall represent individuals 
                employed in offshore operations and, of the 2, 
                1 shall have recent practical experience on a 
                vessel or offshore unit involved in the 
                offshore industry.
                  (I) 1 member shall represent national 
                environmental entities and entities providing 
                environmental protection, compliance, or 
                response services to the offshore industry.
                  (J) 1 member shall represent entities engaged 
                in offshore oil exploration and production on 
                the Outer Continental Shelf adjacent to Alaska.
                  (K) 1 member shall represent the general 
                public (but not a specific environmental 
                group).
                  (L) 2 members shall represent entities 
                engaged in non-mineral energy activities on the 
                Outer Continental Shelf.

           *       *       *       *       *       *       *


Sec. 15110. Establishment of National Advisory Committee on Autonomous 
                    Maritime Systems

  (a) Establishment.--There is established a National Advisory 
Committee on Autonomous Maritime Systems (in this section 
referred to as the ``Committee'').
  (b) Function.--The Committee shall advise the Secretary on 
matters relating to the regulation and use of Autonomous 
Systems within the territorial waters of the United States.
  (c) Membership.--
          (1) In general.--The Committee shall consist of 9 
        members appointed by the Secretary in accordance with 
        this section and section 15109.
          (2) Expertise.--Each member of the Committee shall 
        have particular expertise, knowledge, and experience in 
        matters relating to the function of the Committee.
          (3) Representation.--Each of the following groups 
        shall be represented by at least 1 member on the 
        Committee:
                  (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

[70001.] 70001Waterways Safety........................................

           *       *       *       *       *       *       *


                CHAPTER 700--PORTS AND WATERWAYS SAFETY


                     SUBCHAPTER I--VESSEL OPERATIONS

Sec.
70001. Vessel traffic services.
     * * * * * * *
[70006. Establishment by the Secretary of the department in which the 
          Coast Guard is operating of anchorage grounds and regulations 
          generally.]
70006. Establishment by Secretary of the department in which the Coast 
          Guard is operating of anchorage grounds and regulations 
          generally.
70007. Anchorage grounds.
70008. Special activities in exclusive economic zone.
     * * * * * * *

SUBCHAPTER SUBCHAPTER IV--DEFINITIONSSUBCHAPTER, SUBCHAPTER REGULATIONS, 
            ENFORCEMENT, INVESTIGATORY POWERS, APPLICABILITY

     * * * * * * *

 SUBCHAPTER SUBCHAPTER VI--REGULATION OF VESSELS IN TERRITORIAL WATERS 
  [SUBCHAPTER OF THE UNITED]SUBCHAPTER SUBCHAPTER OF UNITED SUBCHAPTER 
                                 STATES

     * * * * * * *

                    SUBCHAPTER I--VESSEL OPERATIONS


Sec. 70001. Vessel traffic services

  (a) In General.--Subject to the requirements of section 
70004, the Secretary--
          (1) in any port or place under the jurisdiction of 
        the United States, in the navigable waters of the 
        United States, or in any area covered by an 
        international agreement negotiated pursuant to section 
        70005, may construct, operate, maintain, improve, or 
        expand vessel traffic services, that consist of 
        measures for controlling or supervising vessel traffic 
        or for protecting navigation and the marine environment 
        and that may include one or more of reporting and 
        operating requirements, surveillance and communications 
        systems, routing systems, and fairways;
          (2) shall require appropriate vessels that operate in 
        an area of a vessel traffic service to utilize or 
        comply with that service;
          (3) may require vessels to install and use specified 
        navigation equipment, communications equipment, 
        electronic relative motion analyzer equipment, or any 
        electronic or other device necessary to comply with a 
        vessel traffic service or that is necessary in the 
        interests of vessel safety, except that the Secretary 
        shall not require fishing vessels under 300 gross tons 
        as measured under section 14502, or an alternate 
        tonnage measured under section 14302 as prescribed by 
        the Secretary under section 14104, or recreational 
        vessels 65 feet or less to possess or use the equipment 
        or devices required by this subsection solely under the 
        authority of this chapter;
          (4) may control vessel traffic in areas subject to 
        the jurisdiction of the United States that the 
        Secretary determines to be hazardous, or under 
        conditions of reduced visibility, adverse weather, 
        vessel congestion, or other hazardous circumstances, 
        by--
                  (A) specifying times of entry, movement, or 
                departure;
                  (B) establishing vessel traffic routing 
                schemes;
                  (C) establishing vessel size, speed, or draft 
                limitations and vessel operating conditions; 
                and
                  (D) restricting operation, in any hazardous 
                area or under hazardous conditions, to vessels 
                that have particular operating characteristics 
                or capabilities that the Secretary considers 
                necessary for safe operation under the 
                circumstances;
          (5) may require the receipt of prearrival messages 
        from any vessel, destined for a port or place subject 
        to the jurisdiction of the United States, in sufficient 
        time to permit advance vessel traffic planning before 
        port entry, which shall include any information that is 
        not already a matter of record and that the Secretary 
        determines necessary for the control of the vessel and 
        the safety of the port or the marine environment; and
          (6) may prohibit the use on vessels of electronic or 
        other devices that interfere with communication and 
        navigation equipment, except that such authority shall 
        not apply to electronic or other devices certified to 
        transmit in the maritime services by the Federal 
        Communications Commission and used within the frequency 
        bands 157.1875-157.4375 MHz and 161.7875-162.0375 MHz.
  (b) National Policy.--
          (1) Establishment and update of national policy.--
                  (A) Establishment of policy.--Not later than 
                one year after the date of enactment of this 
                section, the Secretary shall establish a 
                national policy which is inclusive of local 
                variances permitted under subsection (c), to be 
                applied to all vessel traffic service centers 
                and publish such policy in the Federal 
                Register.
                  (B) Update.--The Secretary shall periodically 
                update the national policy established under 
                subparagraph (A) and shall publish such update 
                in the Federal Register or on a publicly 
                available website.
          (2) Elements.--The national policy established and 
        updated under paragraph (1) shall include, at a 
        minimum, the following:
                  (A) Standardization of titles, roles, and 
                responsibilities for all personnel assigned, 
                working, or employed in a vessel traffic 
                service center.
                  (B) Standardization of organizational 
                structure within vessel traffic service 
                centers, to include supervisory and reporting 
                chain and processes.
                  (C) Establishment of directives for the 
                application of authority provided to each 
                vessel traffic service center, specifically 
                with respect to directing or controlling vessel 
                movement when such action is justified in the 
                interest of safety.
                  (D) Establishment of thresholds and measures 
                for monitoring, informing, recommending, and 
                directing vessel traffic.
                  (E) Establishment of national procedures and 
                protocols for vessel traffic management.
                  (F) Standardization of training for all 
                vessel traffic service directors, operators, 
                and watchstanders.
                  (G) Establishment of certification and 
                competency evaluation for all vessel traffic 
                service directors, operators, and 
                watchstanders.
                  (H) Establishment of standard operating 
                language when communicating with vessel traffic 
                users.
                  (I) Establishment of data collection, 
                storage, management, archiving, and 
                dissemination policies and procedures for 
                vessel incidents and near-miss incidents.
  (c) Local Variances.--
          (1) Development.--In this section, the Secretary may 
        provide for such local variances as the Secretary 
        considers appropriate to account for the unique vessel 
        traffic, waterway characteristics, and any additional 
        factors that are appropriate to enhance navigational 
        safety in any area where vessel traffic services are 
        provided.
          (2) Review and approval by secretary.--The Captain of 
        the Port covered by a vessel traffic service center may 
        develop and submit to the Secretary regional policies 
        in addition to the national policy established and 
        updated under subsection (b) to account for variances 
        from that national policy with respect to local vessel 
        traffic conditions and volume, geography, water body 
        characteristics, waterway usage, and any additional 
        factors that the Captain considers appropriate.
          (3) Review and implementation.--Not later than 180 
        days after receiving regional policies under paragraph 
        (2)--
                  (A) the Secretary shall review such regional 
                policies; and
                  (B) the Captain of the port concerned shall 
                implement the policies that the Secretary 
                approves.
          (4) Maintenance.--The Secretary shall maintain a 
        central depository for all local variances approved 
        under this section.
  (d) Cooperative Agreements.--
          (1) In general.--The Secretary may enter into 
        cooperative agreements with public or private agencies, 
        authorities, associations, institutions, corporations, 
        organizations, or other persons to carry out the 
        functions under subsection (a)(1).
          (2) International coordination.--With respect to 
        vessel traffic service areas that cross international 
        boundaries, the Secretary may enter into bilateral or 
        cooperative agreements with international partners to 
        jointly carry out the functions under subsection (a)(1) 
        and to jointly manage such areas to collect, share, 
        assess, and analyze information in the possession or 
        control of the international partner.
          (3) Limitation.--
                  (A) Inherently governmental function.--A 
                nongovernmental entity may not under this 
                subsection carry out an inherently governmental 
                function.
                  (B) Definition of inherently governmental 
                function.--In this paragraph, the term 
                ``inherently governmental function'' means any 
                activity that is so intimately related to the 
                public interest as to mandate performance by an 
                officer or employee of the Federal Government, 
                including an activity that requires either the 
                exercise of discretion in applying the 
                authority of the Government or the use of 
                judgment in making a decision for the 
                Government.
          (4) Disclosure.--The Commandant of the Coast Guard 
        shall de-identify information prior to release to the 
        public, including near miss incidents.
  (e) Performance Evaluation.--
          (1) In general.--The Secretary shall develop and 
        implement a standard method for evaluating the 
        performance of vessel traffic service centers.
          (2) Elements.--The standard method developed and 
        implemented under paragraph (1) shall include, at a 
        minimum, analysis and collection of data with respect 
        to the following within a vessel traffic service area 
        covered by each vessel traffic service center:
                  (A) Volume of vessel traffic, categorized by 
                type of vessel.
                  (B) Total volume of flammable, combustible, 
                or hazardous liquid cargo transported, 
                categorized by vessel type as provided in the 
                Notice of Arrival, if applicable, or as 
                determined by other means.
                  (C) Data on near-miss incidents.
                  (D) Data on marine casualties.
                  (E) Application by vessel traffic operators 
                of traffic management authority during near-
                miss incidents and marine casualties.
                  (F) Other additional methods as the Secretary 
                considers appropriate.
          (3) Report.--Not later than 1 year after the date of 
        the enactment of this paragraph, and biennially 
        thereafter, the Secretary 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 on the 
        evaluation conducted under paragraph (1) of the 
        performance of vessel traffic service centers, 
        including--
                  (A) recommendations to improve safety and 
                performance; and
                  (B) data regarding marine casualties and 
                near-miss incidents that have occurred during 
                the period covered by the report.
  (f) Risk Assessment Program.--
          (1) In general.--The Secretary shall develop a 
        continuous risk assessment program to evaluate and 
        mitigate safety risks for each vessel traffic service 
        area to improve safety and reduce the risks of oil and 
        hazardous material discharge in navigable waters.
          (2) Method for assessment.--The Secretary, in 
        coordination with stakeholders and the public, shall 
        develop a standard method for conducting risk 
        assessments under paragraph (1) that includes the 
        collection and management of all information necessary 
        to identify and analyze potential hazardous 
        navigational trends within a vessel traffic service 
        area.
          (3) Information to be assessed.--
                  (A) In general.--The Secretary shall ensure 
                that a risk assessment conducted under 
                paragraph (1) includes an assessment of the 
                following:
                          (i) Volume of vessel traffic, 
                        categorized by type of vessel.
                          (ii) Total volume of flammable, 
                        combustible, or hazardous liquid cargo 
                        transported, categorized by vessel type 
                        as provided in the Notice of Arrival, 
                        if applicable, or as determined by 
                        other means.
                          (iii) Data on near-miss events 
                        incidents.
                          (iv) Data on marine casualties.
                          (v) Geographic locations for near-
                        miss events incidents and marine 
                        casualties, including latitude and 
                        longitude.
                          (vi) Cyclical risk factors such as 
                        weather, seasonal water body currents, 
                        tides, bathymetry, and topography.
                          (vii) Weather data, in coordination 
                        with the National Oceanic and 
                        Atmospheric Administration.
                  (B) Information storage and management 
                policies.--The Secretary shall retain all 
                information collected under subparagraph (A) 
                and ensure policies and procedures are in place 
                to standardize the format in which that 
                information is retained to facilitate 
                statistical analysis of that information to 
                calculate within a vessel traffic service area, 
                at a minimum, the incident rate, intervention 
                rate, and casualty prevention rate.
          (4) Public availability.--
                  (A) Assessments and information.--In 
                accordance with section 552 of title 5, the 
                Secretary shall make any risk assessments 
                conducted under paragraph (1) and any 
                information collected under paragraph (3)(A) 
                available to the public.
                  (B) Information in possession or control of 
                international partners.--The Secretary shall 
                endeavor to coordinate with international 
                partners as described in subsection (d)(2) to 
                enter into agreements to make information 
                collected, shared, and analyzed under that 
                paragraph available to the public.
                  (C) Disclosure.--The Commandant of the Coast 
                Guard shall de-identify information prior to 
                release to the public, including near-miss 
                incidents.
  (g) Vessel Traffic Service Training.--
          (1) Training program.--
                  (A) In general.--The Secretary shall develop 
                a comprehensive nationwide training program for 
                all vessel traffic service directors, 
                operators, and watchstanders.
                  (B) Elements.--The comprehensive nationwide 
                training program under subparagraph (A) and any 
                variances to that program under subsection (c) 
                shall include, at a minimum, the following:
                          (i) Realistic vessel traffic 
                        scenarios to the maximum extent 
                        practicable that integrate--
                                  (I) the national policy 
                                developed under subsection (b);
                                  (II) international rules 
                                under the International 
                                Navigational Rules Act of 1977 
                                (33 U.S.C. 1601 et seq.);
                                  (III) inland navigation rules 
                                under part 83 of title 33, Code 
                                of Federal Regulations;
                                  (IV) the application of 
                                vessel traffic authority; and
                                  (V) communication with vessel 
                                traffic service users.
                          (ii) Proficiency training with 
                        respect to use, interpretation, and 
                        integration of available data on vessel 
                        traffic service display systems such as 
                        radar, and vessel automatic 
                        identification system feeds.
                          (iii) Practical application of--
                                  (I) the international rules 
                                under the International 
                                Navigational Rules Act of 1977 
                                (33 U.S.C. 1601 et seq.); and
                                  (II) the inland navigation 
                                rules under part 83 of title 
                                33, Code of Federal 
                                Regulations.
                          (iv) Proficiency training with 
                        respect to the operation of radio 
                        communications equipment and any other 
                        applicable systems necessary to execute 
                        vessel traffic service authorities.
                          (v) Incorporation of the Standard 
                        Marine Communication Phrases adopted by 
                        the International Maritime Organization 
                        by resolution on April 4, 2000, as 
                        amended and consolidated, or any 
                        successor resolution.
                          (vi) Incorporation to the maximum 
                        extent possible of guidance and 
                        recommendations contained in vessel 
                        traffic services operator training, 
                        vessel traffic services supervisor 
                        training, or other relevant training 
                        set forth by the International 
                        Association of Marine Aids to 
                        Navigation and Lighthouse Authorities.
                          (vii) A minimum number of hours of 
                        training for an individual to complete 
                        before the individual is qualified to 
                        fill a vessel traffic services position 
                        without supervision.
                          (viii) Local area geographic and 
                        operational familiarization.
                          (ix) Such additional components as 
                        the Secretary considers appropriate.
          (2) Standard competency qualification process.--
                  (A) In general.--The Secretary shall develop 
                a standard competency qualification process to 
                be applied to all personnel assigned, employed, 
                or working in a vessel traffic service center.
                  (B) Application of process.--The competency 
                qualification process developed under 
                subparagraph (A) shall include measurable 
                thresholds for determining proficiency.
          (3) International and inland navigation rules test.--
                  (A) In general.--All personnel assigned, 
                employed, or working in a vessel traffic 
                service center with responsibilities that 
                include communicating, interacting, or 
                directing vessels within a vessel traffic 
                service area, as determined under the national 
                policy developed under subsection (b), shall be 
                required to pass a United States international 
                and inland navigation rules test developed by 
                the Secretary.
                  (B) Elements of test.--The Secretary shall 
                determine the content and passing standard for 
                the rules test developed under subparagraph 
                (A).
                  (C) Testing frequency.--The Secretary shall 
                establish a frequency, not to exceed once every 
                5 years, for personnel described in 
                subparagraph (A) to be required to pass the 
                rules test developed under such subparagraph.
  (h) Research on Vessel Traffic.--
          (1) Vessel communication.--The Secretary shall 
        conduct research, in consultation with subject matter 
        experts identified by the Secretary, to develop more 
        effective procedures for monitoring vessel 
        communications on radio frequencies to identify and 
        address unsafe situations in a vessel traffic service 
        area. The Secretary shall consider data collected under 
        subparagraph (A) of subsection (f)(3).
          (2) Professional mariner representation.--
                  (A) In general.--The Secretary shall conduct 
                research, in consultation with local 
                stakeholders and subject matter experts 
                identified by the Secretary, to evaluate and 
                determine the feasibility, costs and benefits 
                of representation by professional mariners on 
                the vessel traffic service watchfloor at each 
                vessel traffic service center.
                  (B) Implementation.--The Secretary shall 
                implement representation by professional 
                mariners on the vessel traffic service 
                watchfloor at those vessel traffic service 
                centers for which it is determined feasible and 
                beneficial pursuant to research conducted under 
                subparagraph (A).
  (i) Inclusion of Identification System on Certain Vessels.--
          (1) In general.--The National Navigation Safety 
        Advisory Committee shall advise and provide 
        recommendations to the Secretary on matters relating to 
        the practicability, economic costs, regulatory burden, 
        and navigational impact of outfitting vessels lacking 
        independent means of propulsion that carry flammable, 
        combustible, or hazardous liquid cargo with vessel 
        automatic identification systems.
          (2) Regulations.--Based on the evaluation under 
        paragraph (1), the Secretary shall prescribe such 
        regulations as the Secretary considers appropriate to 
        establish requirements relating to the outfitting of 
        vessels described in such subparagraph with vessel 
        automatic identification systems.
  (j) Periodic Review of Vessel Traffic Service Needs.--
          (1) In general.--Based on the performance evaluation 
        conducted under subsection (e) and the risk assessment 
        conducted under subsection (f), the Secretary shall 
        periodically review vessel traffic service areas to 
        determine--
                  (A) if there are any additional vessel 
                traffic service needs in those areas; and
                  (B) if a vessel traffic service area should 
                be moved or modified.
          (2) Information to be assessed.--
                  (A) In general.--The Secretary shall ensure 
                that a review conducted under paragraph (1) 
                includes an assessment of the following:
                          (i) Volume of vessel traffic, 
                        categorized by type of vessel.
                          (ii) Total volume of flammable, 
                        combustible, or hazardous liquid cargo 
                        transported, categorized by vessel type 
                        as provided in the Notice of Arrival, 
                        if applicable, or as determined by 
                        other means.
                          (iii) Data on near miss incidents.
                          (iv) Data on marine casualties.
                          (v) Geographic locations for near-
                        miss incidents and marine casualties, 
                        including latitude and longitude.
                          (vi) Cyclical risk factors such as 
                        weather, seasonal water body currents, 
                        tides, bathymetry, and topography.
                          (vii) Weather data, in coordination 
                        with the National Oceanic and 
                        Atmospheric Administration.
          (3) Stakeholder input.--In conducting the periodic 
        reviews under paragraph (1), the Secretary shall seek 
        input from port and waterway stakeholders to identify 
        areas of increased vessel conflicts or marine 
        casualties that could benefit from the use of routing 
        measures or vessel traffic service special areas to 
        improve safety, port security, and environmental 
        protection.
          (4) Disclosure.--The Commandant of the Coast Guard 
        shall de-identify information prior to release to the 
        public, including near miss incidents.
  (k) Limitation of Liability for Coast Guard Vessel Traffic 
Service Pilots and Non-Federal Vessel Traffic Service 
Operators.--
          (1) Coast guard vessel traffic service pilots.--Any 
        pilot, acting in the course and scope of his or her 
        duties while at a Coast Guard Vessel Traffic Service 
        Center, who provides information, advice, or 
        communication assistance while under the supervision of 
        a Coast Guard officer, member, or employee shall not be 
        liable for damages caused by or related to such 
        assistance unless the acts or omissions of such pilot 
        constitute gross negligence or willful misconduct.
          (2) Non-federal vessel traffic service operators.--An 
        entity operating a non-Federal vessel traffic 
        information service or advisory service pursuant to a 
        duly executed written agreement with the Coast Guard, 
        and any pilot acting on behalf of such entity, is not 
        liable for damages caused by or related to information, 
        advice, or communication assistance provided by such 
        entity or pilot while so operating or acting unless the 
        acts or omissions of such entity or pilot constitute 
        gross negligence or willful misconduct.
  (l) Notice of Arrival.--The regulations required under 
section 109(a) of the Security and Accountability For Every 
Port Act of 2006 (33 U.S.C. 1223 note) dealing with notice of 
arrival requirements for foreign vessels on the Outer 
Continental Shelf shall not apply to a vessel documented under 
section 12105 unless the vessel arrives from a foreign port or 
place.
  [(l)] (m) Existing Authority.--Nothing in this section shall 
be construed to alter the existing authorities of the Secretary 
to enhance navigation, vessel safety, marine environmental 
protection, and to ensure safety and preservation of life and 
property at sea.
  [(m)] (n) Definitions.--In this section:
          (1) Hazardous liquid cargo.--The term ``hazardous 
        liquid cargo'' has the meaning given that term in 
        regulations prescribed under section 5103 of title 49.
          (2) Marine casualty.--The term ``marine casualty'' 
        has the meaning given that term in regulations 
        prescribed under section 6101(a).
          (3) Vessel traffic service area.--The term ``vessel 
        traffic service area'' means an area specified in 
        subpart C of part 161 of title 33, Code of Federal 
        Regulations, or any successor regulation.
          (4) Vessel traffic service center.--The term ``vessel 
        traffic service center'' means a center for the 
        provision of vessel traffic services in a vessel 
        traffic service area.
          (5) Near miss incident.--The term ``near miss 
        incident'' means any occurrence or series of 
        occurrences having the same origin, involving one or 
        more vessels, facilities, or any combination thereof, 
        resulting in the substantial threat of a marine 
        casualty.
          (6) De-identified.--The term ``de-identified'' means 
        the process by which all information that is likely to 
        establish the identity of the specific persons or 
        entities noted in the reports, data, or other 
        information is removed from the reports, data, or other 
        information.

           *       *       *       *       *       *       *


Sec. 70008. Special activities in exclusive economic zone

  (a) In General.--The Secretary of the department in which the 
Coast Guard is operating may establish safety zones to address 
special activities in the exclusive economic zone.
  (b) Definitions.--In this section:
          (1) Safety zone.--The term ``safety zone''--
                  (A) means a water area, shore area, or water 
                and shore area to which, for safety or 
                environmental purposes, access is limited to 
                authorized persons, vehicles, or vessels; and
                  (B) may be stationary and described by fixed 
                limits or may be described as a zone around a 
                vessel in motion.
          (2) Special activities.--The term ``special 
        activities'' includes--
                  (A) space activities, including launch and 
                reentry (as such terms are defined in section 
                50902 of title 51) carried out by United States 
                citizens; and
                  (B) offshore energy development activities, 
                as described in section 8(p)(1)(C) of the Outer 
                Continental Shelf Lands Act (43 U.S.C. 
                1337(p)(1)(C)), on or near fixed platforms (as 
                such term is defined in section 2281(d) of 
                title 18).
          (3) United states citizen.--The term ``United States 
        citizen'' has the meaning given the term ``eligible 
        owners'' in section 12103 of title 46, United States 
        Code.

               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 IV--DEFINITIONS, REGULATIONS, ENFORCEMENT, INVESTIGATORY 
POWERS, APPLICABILITY

           *       *       *       *       *       *       *



[Sec. 70032. Saint Lawrence Seaway

  [The authority granted to the Secretary under sections 70001, 
70002, 70003, 70004, and 70011 may not be delegated with 
respect to the Saint Lawrence Seaway to any agency other than 
the Great Lakes St. Lawrence Seaway Development Corporation. 
Any other authority granted the Secretary under subchapters I 
through III and this subchapter shall be delegated by the 
Secretary to the Great Lakes St. Lawrence Seaway Development 
Corporation to the extent the Secretary determines such 
delegation is necessary for the proper operation of the Saint 
Lawrence Seaway.]

Sec. 70032. Saint Lawrence Seaway

  (a) In General.--Except as provided in subsection (b), the 
authority granted to the Secretary under sections 70001, 70002, 
70003, 70004, and 70011 may not be delegated with respect to 
the Saint Lawrence Seaway to any agency other than the Great 
Lakes Saint Lawrence Seaway Development Corporation. Any other 
authority granted the Secretary under subchapters I through III 
and this subchapter shall be delegated by the Secretary to the 
Great Lakes Saint Lawrence Seaway Development Corporation to 
the extent the Secretary determines such delegation is 
necessary for the proper operation of the Saint Lawrence 
Seaway.
  (b) Exception.--The Secretary of the department in which the 
Coast Guard is operating, after consultation with the Secretary 
of Transportation, or the head of an agency to which the 
Secretary has delegated the authorities in subsection (a), 
may--
          (1) issue and enforce special orders in accordance 
        with section 70002;
          (2) establish 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, as 
        permitted in section 70011(b)(2); and
          (3) take actions for port, harbor, and coastal 
        facility security in accordance with section 70116.

           *       *       *       *       *       *       *


 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.

Sec. 70052. Seizure and forfeiture of vessel; fine and imprisonment

  (a) In General.--If any owner, agent, master, officer, or 
person in charge, or any member of the crew of any such vessel 
fails to comply with any regulation or rule issued or order 
given under the provisions of this subchapter, or obstructs or 
interferes with the exercise of any power conferred by this 
subchapter, the vessel, together with her tackle, apparel, 
furniture, and equipment, shall be subject to seizure and 
forfeiture to the United States in the same manner as 
merchandise is forfeited for violation of the customs revenue 
laws; and the person guilty of such failure, obstruction, or 
interference shall be punished by imprisonment for not more 
than ten years and may, in the discretion of the court, be 
fined not more than $10,000.
  (b) Application to Others.--If any other person knowingly 
fails to comply with any regulation or rule issued or order 
given under the provisions of this subchapter, or knowingly 
obstructs or interferes with the exercise of any power 
conferred by this subchapter, he shall be punished by 
imprisonment for not more than ten years and may, at the 
discretion of the court, be fined not more than $10,000.
  (c) Civil Penalty.--A person violating this subchapter, or a 
regulation prescribed under this subchapter, shall be liable to 
the United States Government for a civil penalty of not more 
than $25,000 for each violation. Each day of a continuing 
violation shall constitute a separate violation.
  (d) In Rem Liability.--Any vessel that is used in violation 
of this subchapter, or of any regulation issued under this 
subchapter, shall be liable in rem for any civil penalty 
assessed pursuant to subsection (c) and may be proceeded 
against in the United States district court for any district in 
which such vessel may be found.
  (e) Withholding of Clearance.--
          (1) In general.--If any owner, agent, master, 
        officer, or person in charge of a vessel is liable for 
        a penalty or fine under subsection (c), or if 
        reasonable cause exists to believe that the owner, 
        agent, master, officer, or person in charge may be 
        subject to a penalty or fine under this section, the 
        Secretary of the department in which the Coast Guard is 
        operating may, with respect to such vessel, refuse or 
        revoke any clearance required by [section 4197 of the 
        Revised Statutes of the United States (46 U.S.C. App. 
        91)] section 60105.
          (2) Clearance upon filing of bond or other surety.--
        The Secretary of the department in which the Coast 
        Guard is operating may require the filing of a bond or 
        other surety as a condition of granting clearance 
        refused or revoked under this subsection.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 37, UNITED STATES CODE




           *       *       *       *       *       *       *
CHAPTER 3--BASIC PAY

           *       *       *       *       *       *       *



Sec. 206. Reserves; members of National Guard: inactive-duty training

  (a) Under regulations prescribed by the Secretary concerned, 
and to the extent provided for by appropriations, a member of 
the National Guard or a member of a reserve component of a 
uniformed service who is not entitled to basic pay under 
section 204 of this title, is entitled to compensation, at the 
rate of 1/30 of the basic pay authorized 
for a member of a uniformed service of a corresponding grade 
entitled to basic pay--
          (1) for each regular period of instruction, or period 
        of appropriate duty, at which the member is engaged for 
        at least two hours, including that performed on a 
        Sunday or holiday;
          (2) for the performance of such other equivalent 
        training, instruction, duty, or appropriate duties, as 
        the Secretary may prescribe;
          (3) for a regular period of instruction that the 
        member is scheduled to perform but is unable to perform 
        because of physical disability resulting from an 
        injury, illness, or disease incurred or aggravated--
                  (A) in line of duty while performing--
                          (i) active duty; or
                          (ii) inactive-duty training;
                  (B) while traveling directly to or from that 
                duty or training (unless such injury, illness, 
                disease, or aggravation of an injury, illness, 
                or disease is the result of the gross 
                negligence or misconduct of the member); or
                  (C) in line of duty while remaining overnight 
                immediately before the commencement of 
                inactive-duty training, or while remaining 
                overnight, between successive periods of 
                inactive-duty training, at or in the vicinity 
                of the site of the inactive-duty training; or
          (4) for each of six days for each period during which 
        the member is on maternity leave or parental leave 
        under section 2907 of title 14.
  (b) The regulations prescribed under subsection (a) for each 
uniformed service, the National Guard, and each of the classes 
of organization of the reserve components within each uniformed 
service, may be different. The Secretary concerned shall, for 
the National Guard and each of the classes of organization 
within each uniformed service, prescribe--
          (1) minimum standards that must be met before an 
        assembly for drill or other equivalent period of 
        training, instruction, duty, or appropriate duties may 
        be credited for pay purposes, and those standards may 
        require the presence for duty of officers and enlisted 
        members in numbers equal to or more than a minimum 
        number or percentage of the unit strength for a 
        specified period of time with participation in a 
        prescribed kind of training;
          (2) the maximum number of assemblies or periods of 
        other equivalent training, instruction, duty, or 
        appropriate duties, that may be counted for pay 
        purposes in each fiscal year or in lesser periods of 
        time; and
          (3) the minimum number of assemblies or periods of 
        other equivalent training, instruction, duty, or 
        appropriate duties that must be completed in stated 
        periods of time before the members of units or 
        organizations can qualify for pay.
  (c) A person enlisted in the inactive National Guard is not 
entitled to pay under this section.
  (d)(1) Except as provided in paragraph (2), this section does 
not authorize compensation for work or study performed by a 
member of a reserve component or by a member of the National 
Guard while not in Federal service in connection with 
correspondence courses of a uniformed service.
  (2) A member of the Selected Reserve of the Ready Reserve may 
be paid compensation under this section at a rate and under 
terms determined by the Secretary of Defense, but not to exceed 
the rate otherwise applicable to the member under subsection 
(a), upon the member's successful completion of a course of 
instruction undertaken by the member using electronic-based 
distributed learning methodologies to accomplish training 
requirements related to unit readiness or mobilization, as 
directed for the member by the Secretary concerned. The 
compensation may be paid regardless of whether the course of 
instruction was under the direct control of the Secretary 
concerned or included the presence of an instructor.
  (3) The prohibition in paragraph (1), including the 
prohibition as it relates to a member of the National Guard 
while not in Federal service, applies to--
          (A) any work or study performed on or after September 
        7, 1962, unless that work or study is specifically 
        covered by the exception in paragraph (2); and
          (B) any claim based on that work or study arising 
        after that date.
  (e) A member of the National Guard or of a reserve component 
of the uniformed services may not be paid under this section 
for more than four periods of equivalent training, instruction, 
duty, or appropriate duties performed during a fiscal year 
instead of the member's regular period of instruction or 
regular period of appropriate duty during that fiscal year.
  (f) A member of the Individual Ready Reserve is not entitled 
to compensation under this section for participation in 
screening for which the member is paid a stipend under section 
433a of this title.

           *       *       *       *       *       *       *

                              ----------                              


SECTION 3534 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 
                                  2024


SEC. 3534. MARITIME WORKFORCE WORKING GROUP.

  (a) In General.--Not later than 120 days after the date of 
the enactment of this Act, the Maritime Administrator, in 
consultation with the National Merchant Marine Personnel 
Advisory Committee, the National Offshore Safety Advisory 
Committee, the National Towing Safety Advisory Committee, and 
the Committee on the Marine Transportation System, shall 
convene a working group to examine and assess the size of the 
pool of mariners with covered credentials necessary to support 
the United States flag fleet.
  (b) Membership.--The Maritime Administrator shall designate 
individuals to serve as members of the working group convened 
under subsection (a). The working group shall consist of--
          (1) the Maritime Administrator, who shall serve as 
        chairperson of the working group;
          (2) the Superintendent of the United States Merchant 
        Marine Academy;
          (3) the Commandant of the Coast Guard;
          (4) the Commander of the United States Transportation 
        Command;
          (5) the Secretary of the Navy; and
          (6) at least one representative from each of--
                  (A) the State maritime academies;
                  (B) the owners and operators of United 
                States-flagged vessels engaged in offshore oil 
                and gas exploration, development, and 
                production;
                  (C) the owners and operators of United 
                States-flagged vessels engaged in inland river 
                transportation;
                  (D) the owners and operators of United 
                States-flagged vessels engaged in inland river 
                transportation;
                  (E) a nonprofit labor organization 
                representing a class of licensed or unlicensed 
                engine department mariners who are employed on 
                vessels operating in the United States flag 
                fleet;
                  (F) a nonprofit labor organization 
                representing a class of licensed or unlicensed 
                mariners who are employed on vessels operating 
                in the United States flag fleet;
                  (G) the owners of vessels operating in the 
                United States flag fleet, or their private 
                contracting parties, that are primarily 
                operating in international transportation;
                  (H) Centers of Excellence for Maritime 
                Training designated under section 51706 of 
                title 46, United States Code; and
                  (I) private maritime training providers.
  (c) No Quorum Requirement.--The Maritime Administrator may 
convene the working group virtually and without all members 
present.
  (d) Responsibilities.--The working group shall carry out the 
following responsibilities:
          (1) Reviewing the report required by section 3525(b), 
        and the study required by section 3545(a), of the James 
        Inhofe National Defense Authorization Act for Fiscal 
        Year 2023 (Public Law 117-263), if available.
          (2) Identifying the number of mariners with covered 
        credentials in each of the following categories:
                  (A) All such mariners.
                  (B) Such mariners who have a valid Coast 
                Guard merchant mariner credential with the 
                necessary endorsements for service on unlimited 
                tonnage vessels that are subject to the 
                International Convention on Standards of 
                Training, Certification and Watchkeeping for 
                Seafarers, 1978, as amended.
                  (C) Such mariners who are participating in a 
                Federal program that supports the United States 
                merchant marine and the United States flag 
                fleet.
                  (D) Such mariners who are available to crew 
                the United States flag fleet and the surge 
                sealift fleet in times of a national emergency.
                  (E) Such mariners who are full-time.
                  (F) Such mariners who are merchant mariner 
                credentialed officers in the United States Navy 
                Reserve.
                  (G) Such licensed and unlicensed mariners--
                          (i) required to maintain, mobilize, 
                        and operate the entire Ready Reserve 
                        Force for periods of 30 days, 90 days, 
                        180 days, and one year including 
                        separate totals for merchant mariners 
                        employed to maintain the Ready Reserve 
                        Force in a reduced operating status; 
                        and
                          (ii) required to submit documentation 
                        of sea service to the National Maritime 
                        Center, including such mariners that 
                        have acquired sea service during the 
                        prior year and such mariners that have 
                        not acquired sea service during the 
                        prior year.
          (3) Evaluating potential gaps or surpluses of 
        credentialed merchant mariners, by rating and 
        qualification, required to maintain, mobilize, and 
        operate the Ready Reserve Force for periods of 30 days, 
        90 days, 180 days, and one year and the potential 
        impacts such mobilization and operation will have on 
        the commercial maritime industry's capability to 
        operate during such periods.
          (4) Identifying a list of all actively operating 
        documented vessels of at least 500 gross registered 
        tons, as measured under section 14502 of title 46, 
        United States Code, or an alternate tonnage measured 
        under section 14302 of such title as prescribed by the 
        Secretary under section 14104, of such title, with the 
        tonnage of each such vessel.
          (5) Assessing the effect on the United States 
        merchant marine and United States Merchant Marine 
        Academy if graduates from State maritime academies and 
        the United States Merchant Marine Academy were assigned 
        to, or required to fulfill, certain maritime positions 
        based on the overall needs of the United States 
        merchant marine.
          (6) Assessing the effectiveness of marketing and 
        outreach efforts, including recruitment and retention 
        strategy and methods of publicizing opportunities, for 
        new mariner accession into the maritime industry.
          (7) Assessing the accessibility of Coast Guard 
        Merchant Mariner Licensing and Documentation System 
        data for mariners with covered credentials, the 
        maritime industry, and the Maritime Administration for 
        the purposes of evaluating the pool of mariners with 
        covered credentials.
          (8) Assessing the impediments to the credentialing of 
        United States merchant mariners, including training 
        capacity, credentialing system delays, costs to 
        merchant mariners, statutory or regulatory 
        requirements, and other factors.
          (9) Making recommendations to--
                  (A) enhance the availability and quality of 
                interagency data, including data from the 
                United States Transportation Command, the Coast 
                Guard, the Navy, and the Bureau of 
                Transportation Statistics, for use by the 
                Maritime Administration in evaluating the pool 
                of mariners with covered credentials;
                  (B) close any gaps identified in the 
                evaluation described in paragraph (3), 
                including specific policy, legislative change 
                proposals, and funding requests; and
                  (C) improve United States merchant mariner 
                recruitment and retention.
  (e) Provision of Information.--All members of the working 
group convened under subsection (a) shall provide to the 
Maritime Administrator, in a timely manner and in a suitable 
format agreed to by members, any information that is needed to 
carry out the responsibilities under subsection (d).
  (f) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Transportation shall 
submit to the Committee on Commerce, Science, and 
Transportation of the Senate, the Committee on Armed Services 
of the House of Representatives, and the Committee on 
Transportation and Infrastructure of the House of 
Representatives a report that contains the findings and 
conclusions of the working group gathered in the course of 
performing the responsibilities under subsection (d). Such 
report shall include each of the following:
          (1) The number of mariners with covered credentials 
        identified for each category described in subparagraphs 
        (A) through (G) of subsection (d)(2).
          (2) The results of the evaluation under subsection 
        (d)(3).
          (3) The list identified under subsection (d)(4).
          (4) The results of the assessments conducted under 
        paragraphs (5) and (8) of subsection (d).
          (5) The recommendations made under paragraphs (5) and 
        (9) of subsection (d).
          (6) Such other information as the working group 
        determines appropriate.
  (g) Classified Annex.--The report required under this section 
shall be submitted in unclassified form, but shall include a 
classified annex including the results from subsection 
(d)(2)(G) and subsection (d)(3).
  (h) Definitions.--In this section:
          (1) The term ``covered credential'' means any 
        credential issued under part E of subtitle II of title 
        46, United States Code.
          (2) The term ``documented vessel'' has the meaning 
        given the term in section 106 of title 46, United 
        States Code.
          (3) The term ``Ready Reserve Force'' has the meaning 
        given the term in chapter 571 of title 46, United 
        States Code.
  (i) Sunset.--The Maritime Administrator shall disband the 
working group upon the submission of the report required under 
subsection (f).
  [(j) Temporary Reduction of Lengths of Certain Periods of 
Service.--For the 3-year period beginning on the date of 
enactment of this Act--
          [(1) section 7307 of title 46, United States Code, 
        shall be applied by substituting ``18 months'' for ``3 
        years'';
          [(2) section 7308 of such title shall be applied by 
        substituting ``12 months'' for ``18 months''; and
          [(3) section 7309 of such title shall be applied by 
        substituting ``6 months'' for ``12 months''.]
  (k) Centers of Excellence for Domestic Maritime Workforce 
Training and Education.--Section 51706 of title 46, United 
States Code, is amended--
          (1) in subsection (a)--
                  (A) by striking ``The Secretary'' and 
                inserting the following:
          ``(1) In general The Secretary'';
                  (B) by inserting ``, after consultation with 
                the Coast Guard,'' after ``Transportation'';
                  (C) by inserting ``, for a 5-year period,'' 
                after ``designate''; and
                  (D) by adding at the end the following:
          ``(2) Withdrawal of designation The Secretary of 
        Transportation may withdraw a designation as a center 
        of excellence for domestic maritime workforce training 
        and education of a covered training entity upon 
        discovery of adverse information, including discovery 
        of information that the covered training entity has 
        engaged in fraudulent or unlawful activities, or has 
        been subjected to disciplinary or adverse 
        administrative action by Federal, State, or other 
        regulatory bodies.'';
          (2) in subsection (b), by adding at the end the 
        following:
          ``(5) Eligible uses of grant funds A center of 
        excellence receiving a grant under this subsection 
        shall--
                  ``(A) carry out activities that are 
                identified as priorities for the purpose of 
                developing, offering, or improving educational 
                or career training programs for the United 
                States maritime industry workforce; and
                  ``(B) provide training to upgrade the skills 
                of the United States maritime industry 
                workforce, including training to acquire 
                covered requirements as well as technical 
                skills training for jobs in the United States 
                maritime industry.''; and
          (3) in subsection (c)(1)--
                  (A) in subparagraph (B)(v), by striking 
                ``and'' after the semicolon;
                  (B) in subparagraph (C), by striking the 
                period at the end and inserting ``; and''; and
                  (C) by adding at the end the following:
                  ``(D) has--
                          ``(i) not been subject to a 
                        disciplinary or adverse administrative 
                        action by Federal, State, or other 
                        regulatory bodies;
                          ``(ii) no unresolved nonconformities 
                        from administrative audits by 
                        regulatory bodies; and
                          ``(iii) not been subject to any 
                        adverse criminal action by a Federal, 
                        State, or local law enforcement 
                        authority.''.
                              ----------                              


JAMES M. INHOFE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2023




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

           *       *       *       *       *       *       *


                          TITLE CXV--MARITIME

Subtitle A--Vessel Safety

           *       *       *       *       *       *       *


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'' 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 2024).

           *       *       *       *       *       *       *


[SEC. 11508. ARTICULATED TUG-BARGE MANNING.

  [(a) In General.--Notwithstanding the watch setting 
requirements set forth in section 8104 of title 46, United 
States Code, the Secretary shall authorize an Officer in 
Charge, Marine Inspection to issue an amended certificate of 
inspection that does not require engine room watch setting to 
inspected towing vessels certificated prior to July 19, 2022, 
forming part of an articulated tug-barge unit, provided that 
such vessels are equipped with engineering control and 
monitoring systems of a type accepted for no engine room watch 
setting under a previously approved minimum safe manning 
document or certificate of inspection for articulated tug-barge 
units.
  [(b) Definitions.--In this section:
          [(1) Certificate of inspection.--The term 
        ``certificate of inspection'' means a certificate of 
        inspection under subchapter M of chapter I of title 46, 
        Code of Federal Regulations.
          [(2) Inspected towing vessel.--The term ``inspected 
        towing vessel'' means a vessel issued a certificate of 
        inspection.]

SEC. 11508. ARTICULATED TUG-BARGE MANNING.

  (a) In General.--Notwithstanding the watch setting 
requirements set forth in section 8104 of title 46, United 
States Code, or any other provision of law or regulation, an 
Officer in Charge, Marine Inspection may authorize a covered 
vessel--
          (1) when engaged on a domestic voyage of more than 
        600 miles, to be manned with a minimum number of 2 
        licensed engineers in the engine department; and
          (2) when engaged on a voyage of less than 600 miles, 
        to be manned with a minimum number of 1 licensed 
        engineer in the engine department.
  (b) Covered Vessel Defined.--In this section, the term 
``covered vessel'' means a towing vessel issued a certificate 
of inspection under subchapter M of chapter I of title 46, Code 
of Federal Regulations, which--
          (1) forms part of an articulated tug-barge unit; and
          (2) is either--
                  (A) equipped with engineering control and 
                monitoring systems of a type accepted by a 
                recognized classification society for a 
                periodically unmanned machinery space notation 
                or accepted by the Commandant for a 
                periodically unattended machinery space 
                endorsement; or
                  (B) is a vessel that, prior to July 19, 2022, 
                was issued a minimum safe manning document or 
                certificate of inspection that authorized 
                equivalent or less manning levels.

           *       *       *       *       *       *       *

                              ----------                              


  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.

           *       *       *       *       *       *       *


Subtitle D--Ports

           *       *       *       *       *       *       *


[SEC. 8343. SAFETY OF SPECIAL ACTIVITIES.

  [(a) In General.--The Secretary of the department in which 
the Coast Guard is operating shall conduct a 2-year pilot 
program to establish and implement a process to--
          [(1) establish safety zones to address special 
        activities in the exclusive economic zone;
          [(2) account for the number of safety zones 
        established for special activities;
          [(3) differentiate whether an applicant who requests 
        a safety zone for such activities is--
                  [(A) an individual;
                  [(B) an organization; or
                  [(C) a government entity; and
          [(4) account for Coast Guard resources utilized to 
        enforce safety zones established for special 
        activities, including--
                  [(A) the number of Coast Guard or Coast Guard 
                Auxiliary vessels used; and
                  [(B) the number of Coast Guard or Coast Guard 
                Auxiliary patrol hours required.
  [(b) Briefing.--Not later than 180 days after the expiration 
of the 2-year pilot program, the Commandant shall brief the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate regarding--
          [(1) the process required under subsection (a); and
          [(2) whether the authority to establish safety zones 
        to address special activities in the exclusive economic 
        zone should be extended or made permanent in the 
        interest of safety.
  [(c) Definitions.--In this section:
          [(1) Safety zone.--The term ``safety zone'' has the 
        meaning given such term in section 165.20 of title 33, 
        Code of Federal Regulations.
          [(2) Special activities.--The term ``special 
        activities'' includes--
                  [(A) space activities, including launch and 
                reentry, as such terms are defined in section 
                50902 of title 51, United States Code, carried 
                out by United States citizens; and
                  [(B) offshore energy development activities, 
                as described in section 8(p)(1)(C) of the Outer 
                Continental Shelf Lands Act (43 U.S.C. 
                1337(p)(1)(C)), on or near a fixed platform.
          [(3) United states citizen.--The term ``United States 
        citizen'' has the meaning given the term ``eligible 
        owners'' in section 12103 of title 46, United States 
        Code.
          [(4) Fixed platform.--The term ``fixed platform'' 
        means an artificial island, installation, or structure 
        permanently attached to the sea-bed for the purpose of 
        exploration or exploitation of resources or for other 
        economic purposes.]

           *       *       *       *       *       *       *


TITLE LVXXXIV--MISCELLANEOUS

           *       *       *       *       *       *       *


Subtitle D--Other Matters

           *       *       *       *       *       *       *


SEC. 8437. ANCHORAGES.

  (a) In General.--The Secretary of the department in which the 
Coast Guard is operating shall suspend the establishment of new 
anchorage grounds on the Hudson River between Yonkers, New 
York, and Kingston, New York, under section 7 of the Rivers and 
Harbors Appropriations Act of 1915 (33 U.S.C. 471) or chapter 
700 of title 46, United States Code.
  (b) Restriction.--The Commandant may not establish or expand 
any anchorage grounds outside of the reach on the Hudson River 
described in subsection (a) without first providing notice to 
the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate not later than 180 days prior to 
the establishment or expansion of any such anchorage grounds.
  (c) Prohibition.--The Commandant shall prohibit any vessel 
anchoring on the reach of the Hudson River described in 
subsection (a) unless such anchoring is within any anchorage 
established before January 1, 2021.
  [(c)] (d) Savings Clause.--Nothing in this section--
          (1) prevents the master or pilot of a vessel 
        operating on the reach of the Hudson River described in 
        subsection (a) from taking actions necessary to 
        maintain the safety of the vessel or to prevent the 
        loss of life or property; or
          (2) shall be construed as limiting the authority of 
        the Secretary of the department in which the Coast 
        Guard is operating to exercise authority over the 
        movement of a vessel under section 70002 of title 46, 
        United States Code, or any other applicable laws or 
        regulations governing the safe navigation of a vessel.
  [(d) Study.--The Commandant of the Coast Guard, in 
consultation with the Hudson River Safety, Navigation, and 
Operations Committee, shall conduct a study of the Hudson River 
north of Tarrytown, New York to examine--
          [(1) the nature of vessel traffic including vessel 
        types, sizes, cargoes, and frequency of transits;
          [(2) the risks and benefits of historic practices for 
        commercial vessels anchoring; and
          [(3) the risks and benefits of establishing anchorage 
        grounds on the Hudson River.
  [(e) Report.--Not later than 1 year after the date of the 
enactment of this Act, 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 containing 
the findings, conclusions, and recommendations from the study 
required under subsection (d).]

           *       *       *       *       *       *       *

                              ----------                              


          FRANK LOBIONDO COAST GUARD AUTHORIZATION ACT OF 2018




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

  The table of contents of this Act is as follows:

     * * * * * * *

                TITLE IX--VESSEL INCIDENTAL DISCHARGE ACT

     * * * * * * *
Sec. 901. Short title.
Sec. 902. Purposes; findings.
Sec. 903. Standards for discharges incidental to normal operation of 
          vessels.
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.

           *       *       *       *       *       *       *

                              ----------                              


                       DEEPWATER PORT ACT OF 1974




           *       *       *       *       *       *       *
                               procedure

  Sec. 5. (a) [The Secretary shall, as soon as practicable 
after the date of enactment of this Act, and after consultation 
with other Federal agencies, issue regulations to carry out the 
purposes and provisions of this Act, in accordance with the 
provisions of section 553 of title 5, United States Code, 
without regard to subsection (a) thereof.] Notwithstanding 
section 888(b) of the Homeland Security Act of 2002 (6 U.S.C. 
468(b)), the Secretary shall have the authority to issue 
regulations to carry out the purposes and provisions of this 
Act, in accordance with the provisions of section 553 of title 
5, United States Code, without regard to subsection (a) 
thereof. Such regulations shall pertain to, but need not be 
limited to, application, issuance, transfer, renewal, 
suspension, and termination of licenses. Such regulations shall 
provide for full consultation and cooperation with all other 
interested Federal agencies and departments and with any 
potentially affected coastal State, and for consideration of 
the views of any interested members of the general public. The 
Secretary is further authorized, consistent with the purposes 
and provisions of this Act, to amend or rescind any such 
regulation.
  (b) The Secretary, in consultation with the Secretary of the 
Interior and the Administrator of the National Oceanic and 
Atmospheric Administration, shall, as soon as practicable after 
the date of enactment of this Act, prescribe regulations 
relating to those activities involved in site evaluation and 
preconstruction testing at potential deepwater port locations 
that may (1) adversely affect the environment; (2) interfere 
with authorized uses of the Outer Continental Shelf; or (3) 
pose a threat to human health and welfare. Such activity may 
thenceforth not be undertaken except in accordance with 
regulations prescribed pursuant to this subsection. Such 
regulations shall be consistent with the purposes of this Act.
  (c) Applications.--
          (1) Requirements.--
                  (A) In general.--Each person that submits to 
                the Secretary an application shall include in 
                the application a detailed plan that contains 
                all information required under paragraph (2).
                  (B) Action by secretary.--Not later than 21 
                days after the date of receipt of an 
                application, the Secretary shall--
                          (i) determine whether the application 
                        contains all information required under 
                        paragraph (2); and
                          (ii)(I) if the Secretary determines 
                        that such information is contained in 
                        the application, not later than 5 days 
                        after making the determination, publish 
                        in the Federal Register--
                                  (aa) a notice of the 
                                application; and
                                  (bb) a summary of the plans; 
                                or
                          (II) if the Secretary determines that 
                        all required information is not 
                        contained in the application--
                                  (aa) notify the applicant of 
                                the applicable deficiencies; 
                                and
                                  (bb) take no further action 
                                with respect to the application 
                                until those deficiencies have 
                                been remedied.
                  (C) Applicability.--On publication of a 
                notice relating to an application under 
                subparagraph (B)(ii)(I), the Secretary shall be 
                subject to subsection (f).
          (2) Inclusions.--Each application shall include such 
        financial, technical, and other information as the 
        Secretary determines to be necessary or appropriate, 
        including--
                  (A) the name, address, citizenship, telephone 
                number, and the ownership interest in the 
                applicant, of each person having any ownership 
                interest in the applicant of greater than 3 per 
                centum;
                  (B) to the extent feasible, the name, 
                address, citizenship, and telephone number of 
                any person with whom the applicant has made, or 
                proposes to make, a significant contract for 
                the construction or operation of the deepwater 
                port, and a copy of any such contract;
                  (C) the name, address, citizenship, and 
                telephone number of each affiliate of the 
                applicant and of any person required to be 
                disclosed pursuant to subparagraphs (A) or (B), 
                together with a description of the manner in 
                which such affiliate is associated with the 
                applicant or any person required to be 
                disclosed under subparagraph (A) or (B);
                  (D) the proposed location and capacity of the 
                deepwater port, including all components 
                thereof;
                  (E) the type and design of all components of 
                the deepwater port and any storage facilities 
                associated with the deepwater port;
                  (F) with respect to construction in phases, a 
                detailed description of each phase, including 
                anticipated dates of completion for each of the 
                specific components thereof;
                  (G) the location and capacity of existing and 
                proposed storage facilities and pipelines which 
                will store or transport oil transported through 
                the deepwater port, to the extent known by the 
                applicant or any person required to be 
                disclosed pursuant to subparagraphs (A), (B), 
                or (C);
                  (H) with respect to any existing and proposed 
                refineries which will receive oil transported 
                through the deepwater port, the location and 
                capacity of each such refinery and the 
                anticipated volume of such oil to be refined by 
                each such refinery, to the extent known by the 
                applicant or any person required to be 
                disclosed pursuant to subparagraphs (A), (B), 
                or (C);
                  (I) the financial and technical capabilities 
                of the applicant to construct or operate the 
                deepwater port;
                  (J) other qualifications of the applicant to 
                hold a license under this Act;
                  (K) the nation of registry for, and the 
                nationality or citizenship of officers and crew 
                serving on board, vessels transporting natural 
                gas that are reasonably anticipated to be 
                servicing the deepwater port;
                  (L) a description of procedures to be used in 
                constructing, operating, and maintaining the 
                deepwater port, including systems of oil spill 
                prevention, containment, and cleanup; and
                  (M) such other information as may be required 
                by the Secretary to determine the environmental 
                impact of the proposed deepwater port.
  (3) Upon written request of any person subject to this 
subsection, the Secretary may make a determination in writing 
to exempt such person from any of the informational filing 
provisions enumerated in this subsection or the regulations 
implementing this section if the Secretary determines that such 
information is not necessary to facilitate the Secretary's 
determinations under section 4 of this Act and that such 
exemption will not limit public review and evaluation of the 
deepwater port project.
  (d)(1) At the time notice of an application is published 
pursuant to subsection (c) of this section, the Secretary shall 
publish a description in the Federal Register of an application 
area encompassing the deepwater port site proposed by such 
application and within which construction of the proposed 
deepwater port would eliminate, at the time such application 
was submitted, the need for any other deepwater port within 
that application area.
  (2) As used in this section, ``application area'' means any 
reasonable geographical area within which a deepwater port may 
be constructed and operated. Such application area shall not 
exceed a circular zone, the center of which is the principal 
point of loading and unloading at the port, and the radius of 
which is the distance from such point to the high water mark of 
the nearest adjacent coastal State.
  (3) the Secretary shall accompany such publication with a 
call for submission of any other applications for licenses for 
the ownership, construction, and operation of a deepwater port 
within the designated application area. Persons intending to 
file applications for such license shall submit a notice of 
intent to file an application with the Secretary not later than 
60 days after the publication of notice pursuant to subsection 
(c) of this section and shall submit the completed application 
no later than 90 days after publication of such notice. The 
Secretary shall publish notice of any such application received 
in accordance with subsection (c) of this section. No 
application for a license for the ownership, construction, and 
operation of a deepwater port within the designated application 
area for which a notice of intent to file was received after 
such 60-day period, or which is received after such 90-day 
period has elapsed, shall be considered until the application 
pending with respect to such application area have been denied 
pursuant to this Act.
  (4) This subsection shall not apply to deepwater ports for 
natural gas.
  (e)(1) Not later than 30 days after the date of enactment of 
this Act, the Secretary of the Interior, the Administrator of 
the Environmental Protection Agency, the Chief of Engineers of 
the United States Army Corps of Engineers, the Administrator of 
the National Oceanic and Atmospheric Administration, and the 
heads of any other Federal departments or agencies having 
expertise concerning, or jurisdiction over, any aspect of the 
construction or operation of deepwater ports shall transmit to 
the Secretary written comments as to their expertise or 
statutory responsibilities pursuant to this Act or any other 
Federal law.
  (2) An application filed with the Secretary shall constitute 
an application for all Federal authorizations required for 
ownership, construction, and operation of a deepwater port. At 
the time notice of any application is published pursuant to 
subsection (c) of this section, the Secretary shall forward a 
copy of such application to those Federal agencies and 
departments with jurisdiction over any aspect of such 
ownership, construction, or operation for comment, review, or 
recommendation as to conditions and for such other action as 
may be required by law. Each agency or department involved 
shall review the application and, based upon legal 
considerations within its area of responsibility, recommend to 
the Secretary the approval or disapproval of the application 
not later than 45 days after the last public hearing on a 
proposed license for a designated application area. In any case 
in which the agency or department recommends disapproval, it 
shall set forth in detail the manner in which the application 
does not comply with any law or regulation within its area of 
responsibility and shall notify the Secretary how the 
application may be amended so as to bring it into compliance 
with the law or regulation involved.
  [(f) NEPA Compliance.--For all applications, the Secretary, 
in cooperation with other involved Federal agencies and 
departments, shall comply with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332). Such compliance shall 
fulfill the requirement of all Federal agencies in carrying out 
their responsibilities under the National Environmental Policy 
Act of 1969 pursuant to this Act.]
  (f) Compliance.--Notwithstanding section 888(b) of the 
Homeland Security Act of 2002 (6 U.S.C. 468(b)), the Secretary, 
in cooperation with other involved Federal agencies and 
departments, shall comply with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and act as the lead 
agency under section 4336a of title 42, United States Code, for 
all applications under this Act. Such compliance shall fulfill 
the requirement of all Federal agencies in carrying out their 
responsibilities under the National Environmental Policy Act of 
1969 pursuant to this chapter.
  (g) A license may be issued only after public notice and 
public hearings in accordance with this subsection. At least 
one such public hearing shall be held in each adjacent coastal 
State. Any interested person may present relevant material at 
any hearing. After hearings in each adjacent coastal State are 
concluded, if the Secretary determines that there exists one or 
more specific and material factual issues which may be resolved 
by a formal evidentiary hearing, at least one adjudicatory 
hearing shall be held in accordance with the provisions of 
section 554 of title 5, United States Code, in the District of 
Columbia. The record developed in any such adjudicatory hearing 
shall be basis for the Secretary's decision to approve or deny 
a license. Hearings held pursuant to this subsection shall be 
consolidated insofar as practicable with hearings held by other 
agencies. All public hearings on all applications for any 
designated application area shall be consolidated and shall be 
concluded not later than 240 days after notice of the initial 
application has been published pursuant to subsection (c).
  (h) Fees.--
          (1) Requirement.--
                  (A) In general.--Each person applying for a 
                license pursuant to this Act shall remit to the 
                Secretary at the time the application is filed 
                a nonrefundable application fee established by 
                regulation by the Secretary.
                  (B) Reimbursement.--In addition to a fee 
                under subparagraph (A), an applicant shall also 
                reimburse the United States and the appropriate 
                adjacent coastal State for any additional costs 
                incurred in processing an application.
          (2) Usage fees.--
                  (A) Definition of directly related land-based 
                facility.--In this paragraph, the term 
                ``directly related land-based facility'', with 
                respect to a deepwater port facility, means an 
                onshore tank farm and any pipelines connecting 
                the tank farm to the deepwater port facility.
                  (B) Authorization.--Notwithstanding any other 
                provision of this Act, and unless prohibited by 
                law, an adjacent coastal State may fix 
                reasonable fees for the use of a deepwater port 
                facility, and such State and any other State in 
                which land-based facilities directly related to 
                a deepwater port facility are located may set 
                reasonable fees for the use of such land-based 
                facilities.
                  (C) Treatment.--A fee may be established 
                pursuant to this paragraph as compensation for 
                any economic cost attributable to the 
                construction and operation of the applicable 
                deepwater port and the applicable land-based 
                facilities, which cannot be recovered under 
                other authority of the applicable State or 
                political subdivision thereof, including, but 
                not limited to, ad valorem taxes, and for 
                environmental and administrative costs 
                attributable to the construction and operation 
                of the applicable deepwater port and the 
                applicable land-based facilities.
                  (D) Amount.--The amount of a fee established 
                under this paragraph shall not exceed the 
                applicable economic, environmental, and 
                administrative costs of the applicable State.
                  (E) Approval.--A fee established under this 
                paragraph shall be subject to the approval of 
                the Secretary.
  (3) Rental payment.--A licensee shall pay annually in advance 
the fair market rental value (as determined by the Secretary of 
the Interior) of the subsoil and seabed of the outer 
Continental Shelf of the United States to be utilized by the 
deepwater port, including the fair market rental value of the 
right-of-way necessary for the pipeline segment of the port 
located on such subsoil and seabed.
  (i)(1) The Secretary shall approve or deny any application 
for a designated application area submitted pursuant to this 
Act not later than 90 days after the last public hearing on a 
proposed license for that area.
  (2) In the event more than one application is submitted for 
an application area, the Secretary, unless one of the proposed 
deepwater ports clearly best serves the national interest, 
shall issue a license according to the following order of 
priorities:
          (A) First, to an adjacent coastal State (or 
        combination of States), any political subdivision 
        thereof, or agency or instrumentality, including a 
        wholly owned corporation of any such government.
          (B) Second, to a person who is neither (i) engaged in 
        producing, refining, or marketing oil, nor (ii) an 
        affiliate of any person who is engaged in producing, 
        refining, or marketing oil or an affiliate of any such 
        affiliate.
          (C) Third, to any other person.
  (3) In determining whether any one proposed deepwater port 
clearly best serves the national interest, the Secretary shall 
consider the following factors:
          (A) The degree to which the proposed deepwater ports 
        affect the environment, as determined under criteria 
        established pursuant to section 6.
          (B) National security, including an assessment of the 
        implications for the national security of the United 
        States or an allied country (as that term is defined in 
        section 2350f(d)(1) of title 10, United States Code) of 
        the United States.
          (C) Any significant differences between anticipated 
        completion dates for the proposed deepwater ports.
          (D) Any differences in costs of construction and 
        operation of the proposed deepwater ports, to the 
        extent that such differential may significantly affect 
        the ultimate cost of oil to the consumer.
          (4) Applications for deepwater ports for natural 
        gas.--
                  (A) Deadline for determination.--The 
                Secretary shall approve or deny any application 
                for a deepwater port for natural gas submitted 
                pursuant to this Act not later than 90 days 
                after the last public hearing on a proposed 
                license.
                  (B) Effect of failure to determine.--If the 
                Secretary fails to approve or deny an 
                application for a deepwater port for natural 
                gas by the applicable deadline under 
                subparagraph (A), the reporting requirements 
                under paragraphs (1), (2), and (3) shall not 
                apply to the application.
  (j) LNG Tankers.--
          (1) Program.--The Secretary shall develop and 
        implement a program to promote the transportation of 
        liquefied natural gas to and from the United States on 
        United States flag vessels.
          (2) Information to be provided.--When the Coast Guard 
        is operating as a contributing agency in the Federal 
        Energy Regulatory Commission's shoreside licensing 
        process for a liquefied natural gas or liquefied 
        petroleum gas terminal located on shore or within State 
        seaward boundaries, the Coast Guard shall provide to 
        the Commission the information described in section 
        5(c)(2)(K) of the Deepwater Port Act of 1974 (33 U.S.C. 
        1504(c)(2)(K)) with respect to vessels reasonably 
        anticipated to be servicing that port.
  (k) Transparency in Issuance of Licenses and Permits.--
          (1) Definition of applicable deadline.--In this 
        subsection, the term ``applicable deadline'', with 
        respect to an applicant, means the deadline or date 
        applicable to the applicant under any of the following:
                  (A) Section 4(c)(6).
                  (B) Section 4(d)(3).
                  (C) Subsection (c)(1)(B) (including clause 
                (ii)(I) of that subsection).
                  (D) Subsection (d)(3).
                  (E) Paragraph (1) or (2) of subsection (e).
                  (F) Subsection (g).
                  (G) Paragraph (1) or (4)(A) of subsection 
                (i).
          (2) Suspensions and delays.--If the Secretary 
        suspends or delays an applicable deadline, the 
        Secretary shall submit to the applicant, and publish in 
        the Federal Register, a written statement--
                  (A) describing the reasons for the suspension 
                or delay;
                  (B) describing and requesting any information 
                necessary to issue the applicable license or 
                permit and the status of applicable license or 
                permit application at the lead agency and any 
                cooperating agencies; and
                  (C) identifying the applicable deadline with 
                respect to the statement.
          (3) Applicant rights to technical assistance.--
                  (A) In general.--An applicant that receives a 
                statement under paragraph (2) may submit to the 
                Secretary a request for a meeting with 
                appropriate personnel of the Department of 
                Transportation and representatives of each 
                cooperating Federal agency, as appropriate, 
                determined by the Secretary to be relevant with 
                respect to the application, including such 
                officials as are appropriate, who shall provide 
                technical assistance, status, process, and 
                timeline updates and additional information as 
                necessary.
                  (B) Timing.--A meeting requested under clause 
                (i) shall be held not later than 30 days after 
                the date on which the Secretary receives the 
                request under that clause.
          (4) Requirements.--On receipt of a request under 
        paragraph (3)(A), and not less frequently than once 
        every 30 days thereafter until the date on which the 
        application process is no longer suspended or delayed, 
        the Secretary shall submit a notice of the delay, 
        including a description of the time elapsed since the 
        applicable deadline and the nature and circumstances of 
        the applicable suspension or delay, to--
                  (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                  (B) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
          (5) Briefing.--If the Secretary suspends or delays an 
        applicable deadline, not later than 120 days after that 
        applicable deadline, and not less frequently than once 
        every 120 days thereafter until the date on which the 
        application process is no longer suspended or delayed, 
        the Secretary (or a designee of the Secretary) shall 
        provide a briefing regarding the time elapsed since the 
        applicable deadline and the nature and circumstances of 
        the applicable suspension or delay to--
                  (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                  (B) the Committee on Transportation and 
                Infrastructure of the House of Representatives.

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                  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.--
                  (A) In general.--The President may require--
                          (i) periodic inspection of 
                        containment booms, skimmers, vessels, 
                        and other major equipment used to 
                        remove discharges;
                          (ii) periodic inspection of vessels, 
                        salvage and marine firefighting 
                        equipment, and other major equipment 
                        used to respond to marine casualties or 
                        prevent discharges;
                          (iii) periodic verification of 
                        capabilities to appropriately, and in a 
                        timely manner, respond to a marine 
                        casualty, a worst case discharge, or a 
                        substantial threat of a discharge, 
                        including--
                                  (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
                          (iv) vessels operating on navigable 
                        waters and carrying oil or a hazardous 
                        substance in bulk as cargo, and nontank 
                        vessels carrying oil of any kind as 
                        fuel for main propulsion, to carry 
                        appropriate removal equipment that 
                        employs the best technology 
                        economically feasible and that is 
                        compatible with the safe operation of 
                        the vessel.
                  (B) Marine casualty.--In this paragraph, the 
                term ``marine casualty'' means a marine 
                casualty that is required to be reported 
                pursuant to section 6101 of title 46, United 
                States Code.
          (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).

           *       *       *       *       *       *       *

                              ----------                              


                       OIL POLLUTION ACT OF 1990




           *       *       *       *       *       *       *
           TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION

SEC. 1001. DEFINITIONS.

   For the purposes of this Act, the term--
          (1) ``act of God'' means an unanticipated grave 
        natural disaster or other natural phenomenon of an 
        exceptional, inevitable, and irresistible character the 
        effects of which could not have been prevented or 
        avoided by the exercise of due care or foresight;
          (2) ``barrel'' means 42 United States gallons at 60 
        degrees fahrenheit;
          (3) ``claim'' means a request, made in writing for a 
        sum certain, for compensation for damages or removal 
        costs resulting from an incident;
          (4) ``claimant'' means any person or government who 
        presents a claim for compensation under this title;
          (5) ``damages'' means damages specified in section 
        1002(b) of this Act, and includes the cost of assessing 
        these damages;
          (6) ``deepwater port'' is a facility licensed under 
        the Deepwater Port Act of 1974 (33 U.S.C. 1501-1524);
          (7) ``discharge'' means any emission (other than 
        natural seepage), intentional or unintentional, and 
        includes, but is not limited to, spilling, leaking, 
        pumping, pouring, emitting, emptying, or dumping;
          (8) ``exclusive economic zone'' means the zone 
        established by Presidential Proclamation Numbered 5030, 
        dated March 10, 1983, including the ocean waters of the 
        areas referred to as ``eastern special areas'' in 
        Article 3(1) of the Agreement between the United States 
        of America and the Union of Soviet Socialist Republics 
        on the Maritime Boundary, signed June 1, 1990;
          (9) ``facility'' means any structure, group of 
        structures, equipment, or device (other than a vessel) 
        which is used for one or more of the following 
        purposes: exploring for, drilling for, producing, 
        storing, handling, transferring, processing, or 
        transporting oil. This term includes any motor vehicle, 
        rolling stock, or pipeline used for one or more of 
        these purposes;
          (10) ``foreign offshore unit'' means a facility which 
        is located, in whole or in part, in the territorial sea 
        or on the continental shelf of a foreign country and 
        which is or was used for one or more of the following 
        purposes: exploring for, drilling for, producing, 
        storing, handling, transferring, processing, or 
        transporting oil produced from the seabed beneath the 
        foreign country's territorial sea or from the foreign 
        country's continental shelf;
          (11) ``Fund'' means the Oil Spill Liability Trust 
        Fund, established by section 9509 of the Internal 
        Revenue Code of 1986 (26 U.S.C. 9509);
          (12) ``gross ton'' has the meaning given that term by 
        the Secretary under part J of title 46, United States 
        Code;
          (13) ``guarantor'' means any person, other than the 
        responsible party, who provides evidence of financial 
        responsibility for a responsible party under this Act;
          (14) ``incident'' means any occurrence or series of 
        occurrences having the same origin, involving one or 
        more vessels, facilities, or any combination thereof, 
        resulting in the discharge or substantial threat of 
        discharge of oil;
          (15) ``Indian tribe'' means any Indian tribe, band, 
        nation, or other organized group or community, but not 
        including any Alaska Native regional or village 
        corporation, which is recognized as eligible for the 
        special programs and services provided by the United 
        States to Indians because of their status as Indians 
        and has governmental authority over lands belonging to 
        or controlled by the tribe;
          (16) ``lessee'' means a person holding a leasehold 
        interest in an oil or gas lease on lands beneath 
        navigable waters (as that term is defined in section 
        2(a) of the Submerged Lands Act (43 U.S.C. 1301(a))) or 
        on submerged lands of the Outer Continental Shelf, 
        granted or maintained under applicable State law or the 
        Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
        seq.);
          (17) ``liable'' or ``liability'' shall be construed 
        to be the standard of liability which obtains under 
        section 311 of the Federal Water Pollution Control Act 
        (33 U.S.C. 1321);
          (18) ``mobile offshore drilling unit'' means a vessel 
        (other than a self-elevating lift vessel) capable of 
        use as an offshore facility;
          (19) ``National Contingency Plan'' means the National 
        Contingency Plan prepared and published under section 
        311(d) of the Federal Water Pollution Control Act, as 
        amended by this Act, or revised under section 105 of 
        the Comprehensive Environmental Response, Compensation, 
        and Liability Act (42 U.S.C. 9605);
          (20) ``natural resources'' includes land, fish, 
        wildlife, biota, air, water, ground water, drinking 
        water supplies, and other such resources belonging to, 
        managed by, held in trust by, appertaining to, or 
        otherwise controlled by the United States (including 
        the resources of the exclusive economic zone), any 
        State or local government or Indian tribe, or any 
        foreign government;
          (21) ``navigable waters'' means the waters of the 
        United States, including the territorial sea;
          (22) ``offshore facility'' means any facility of any 
        kind located in, on, or under any of the navigable 
        waters of the United States, and 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;
          (23) ``oil'' means oil of any kind or in any form, 
        including petroleum, fuel oil, sludge, oil refuse, and 
        oil mixed with wastes other than dredged spoil, but 
        does not include any substance which is specifically 
        listed or designated as a hazardous substance under 
        subparagraphs (A) through (F) of section 101(14) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act (42 U.S.C. 9601) and which is subject to 
        the provisions of that Act;
          (24) ``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;
          (25) the term ``Outer Continental Shelf facility'' 
        means an offshore facility which is located, in whole 
        or in part, on the Outer Continental Shelf and is or 
        was used for one or more of the following purposes: 
        exploring for, drilling for, producing, storing, 
        handling, transferring, processing, or transporting oil 
        produced from the Outer Continental Shelf;
          (26) ``owner or operator''--
                  (A) means--
                          (i) in the case of a vessel, any 
                        person owning, operating, or chartering 
                        by demise, the vessel;
                          (ii) in the case of an onshore 
                        facility, offshore facility, or foreign 
                        offshore unit or other facility located 
                        seaward of the exclusive economic zone, 
                        any person or entity owning or 
                        operating such facility;
                          (iii) in the case of any abandoned 
                        offshore facility or foreign offshore 
                        unit or other facility located seaward 
                        of the exclusive economic zone, the 
                        person or entity that owned or operated 
                        such facility immediately prior to such 
                        abandonment;
                          (iv) in the case of any facility, 
                        title or control of which was conveyed 
                        due to bankruptcy, foreclosure, tax 
                        delinquency, abandonment, or similar 
                        means to a unit of State or local 
                        government, any person who owned, 
                        operated, or otherwise controlled 
                        activities at such facility immediately 
                        beforehand;
                          (v) notwithstanding subparagraph 
                        (B)(i), and in the same manner and to 
                        the same extent, both procedurally and 
                        substantively, as any nongovernmental 
                        entity, including for purposes of 
                        liability under section 1002, any State 
                        or local government that has caused or 
                        contributed to a discharge or 
                        substantial threat of a discharge of 
                        oil from a vessel or facility ownership 
                        or control of which was acquired 
                        involuntarily through--
                                  (I) seizure or otherwise in 
                                connection with law enforcement 
                                activity;
                                  (II) bankruptcy;
                                  (III) tax delinquency;
                                  (IV) abandonment; or
                                  (V) other circumstances in 
                                which the government 
                                involuntarily acquires title by 
                                virtue of its function as 
                                sovereign;
                          (vi) notwithstanding subparagraph 
                        (B)(ii), a person that is a lender and 
                        that holds indicia of ownership 
                        primarily to protect a security 
                        interest in a vessel or facility if, 
                        while the borrower is still in 
                        possession of the vessel or facility 
                        encumbered by the security interest, 
                        the person--
                                  (I) exercises decision making 
                                control over the environmental 
                                compliance related to the 
                                vessel or facility, such that 
                                the person has undertaken 
                                responsibility for oil handling 
                                or disposal practices related 
                                to the vessel or facility; or
                                  (II) exercises control at a 
                                level comparable to that of a 
                                manager of the vessel or 
                                facility, such that the person 
                                has assumed or manifested 
                                responsibility--
                                          (aa) for the overall 
                                        management of the 
                                        vessel or facility 
                                        encompassing day-to-day 
                                        decision making with 
                                        respect to 
                                        environmental 
                                        compliance; or
                                          (bb) over all or 
                                        substantially all of 
                                        the operational 
                                        functions (as 
                                        distinguished from 
                                        financial or 
                                        administrative 
                                        functions) of the 
                                        vessel or facility 
                                        other than the function 
                                        of environmental 
                                        compliance; and
                  (B) does not include--
                          (i) A unit of state or local 
                        government that acquired ownership or 
                        control of a vessel or facility 
                        involuntarily through--
                                  (I) seizure or otherwise in 
                                connection with law enforcement 
                                activity;
                                  (II) bankruptcy;
                                  (III) tax delinquency;
                                  (IV) abandonment; or
                                  (V) other circumstances in 
                                which the government 
                                involuntarily acquires title by 
                                virtue of its function as 
                                sovereign;
                          (ii) a person that is a lender that 
                        does not participate in management of a 
                        vessel or facility, but holds indicia 
                        of ownership primarily to protect the 
                        security interest of the person in the 
                        vessel or facility; or
                          (iii) a person that is a lender that 
                        did not participate in management of a 
                        vessel or facility prior to 
                        foreclosure, notwithstanding that the 
                        person--
                                  (I) forecloses on the vessel 
                                or facility; and
                                  (II) after foreclosure, 
                                sells, re-leases (in the case 
                                of a lease finance 
                                transaction), or liquidates the 
                                vessel or facility, maintains 
                                business activities, winds up 
                                operations, undertakes a 
                                removal action under section 
                                311(c) of the Federal Water 
                                Pollution Control Act (33 
                                U.S.C. 1321(c)) or under the 
                                direction of an on-scene 
                                coordinator appointed under the 
                                National Contingency Plan, with 
                                respect to the vessel or 
                                facility, or takes any other 
                                measure to preserve, protect, 
                                or prepare the vessel or 
                                facility prior to sale or 
                                disposition,
                        if the person seeks to sell, re-lease 
                        (in the case of a lease finance 
                        transaction), or otherwise divest the 
                        person of the vessel or facility at the 
                        earliest practicable, commercially 
                        reasonable time, on commercially 
                        reasonable terms, taking into account 
                        market conditions and legal and 
                        regulatory requirements;
          (27) ``person'' means an individual, corporation, 
        partnership, association, State, municipality, 
        commission, or political subdivision of a State, or any 
        interstate body;
          (28) ``permittee'' means a person holding an 
        authorization, license, or permit for geological 
        exploration issued under section 11 of the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1340) or 
        applicable State law;
          (29) ``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 the vessel is engaged in 
        commerce;
          (30) ``remove'' or ``removal'' means containment and 
        removal of oil or a hazardous substance from water and 
        shorelines or the taking of other actions as may be 
        necessary to 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;
          (31) ``removal costs'' means the costs of removal 
        that are incurred after a discharge of oil has occurred 
        or, in any case in which there is a substantial threat 
        of a discharge of oil, the costs to prevent, minimize, 
        or mitigate oil pollution from such an incident;
          (32) ``responsible party'' means the following:
                  (A) Vessels.--In the case of a vessel, any 
                person owning, operating, or demise chartering 
                the vessel. In the case of a vessel, the term 
                ``responsible party'' also includes the owner 
                of oil being transported in a tank vessel with 
                a single hull after December 31, 2010.
                  (B) Onshore facilities.--In the case of an 
                onshore facility (other than a pipeline), any 
                person owning or operating the facility, except 
                a Federal agency, State, municipality, 
                commission, or political subdivision of a 
                State, or any interstate body, that as the 
                owner transfers possession and right to use the 
                property to another person by lease, 
                assignment, or permit.
                  (C) Offshore facilities.--In the case of an 
                offshore facility (other than a pipeline or a 
                deepwater port licensed under the Deepwater 
                Port Act of 1974 (33 U.S.C. 1501 et seq.)), the 
                lessee or permittee of the area in which the 
                facility is located or the holder of a right of 
                use and easement granted under applicable State 
                law or the Outer Continental Shelf Lands Act 
                (43 U.S.C. 1301-1356) for the area in which the 
                facility is located (if the holder is a 
                different person than the lessee or permittee), 
                except a Federal agency, State, municipality, 
                commission, or political subdivision of a 
                State, or any interstate body, that as owner 
                transfers possession and right to use the 
                property to another person by lease, 
                assignment, or permit.
                  (D) Foreign facilities.--In the case of a 
                foreign offshore unit or other facility located 
                seaward of the exclusive economic zone, any 
                person or other entity owning or operating the 
                facility, and any leaseholder, permit holder, 
                assignee, or holder of a right of use and 
                easement granted under applicable foreign law 
                for the area in which the facility is located.
                  (E) Deepwater ports.--In the case of a 
                deepwater port licensed under the Deepwater 
                Port Act of 1974 (33 U.S.C. 1501-1524), the 
                licensee.
                  (F) Pipelines.--In the case of a pipeline, 
                any person owning or operating the pipeline.
                  (G) Abandonment.--In the case of an abandoned 
                vessel, onshore facility, deepwater port, 
                [pipeline,, offshore facility] pipeline, 
                offshore facility, or foreign offshore unit or 
                other facility located seaward of the exclusive 
                economic zone, the persons or entities that 
                would have been responsible parties immediately 
                prior to the abandonment of the vessel or 
                facility.
          (33) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating;
          (34) ``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; or
                  (C) transfers oil or hazardous material in a 
                place subject to the jurisdiction of the United 
                States;
          (35) ``territorial seas'' means the belt of the seas 
        measured from the line of ordinary low water along that 
        portion of the coast which is in direct contact with 
        the open sea and the line marking the seaward limit of 
        inland waters, and extending seaward a distance of 3 
        miles;
          (36) ``United States'' and ``State'' mean the several 
        States of the United States, the District of Columbia, 
        the Commonwealth of Puerto Rico, Guam, American Samoa, 
        the United States Virgin Islands, the Commonwealth of 
        the Northern Marianas, and any other territory or 
        possession of the United States;
          (37) ``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;
          (38) ``participate in management''--
                  (A)(i) means actually participating in the 
                management or operational affairs of a vessel 
                or facility; and
                          (ii) does not include merely having 
                        the capacity to influence, or the 
                        unexercised right to control, vessel or 
                        facility operations; and
                  (B) does not include--
                          (i) performing an act or failing to 
                        act prior to the time at which a 
                        security interest is created in a 
                        vessel or facility;
                          (ii) holding a security interest or 
                        abandoning or releasing a security 
                        interest;
                          (iii) including in the terms of an 
                        extension of credit, or in a contract 
                        or security agreement relating to the 
                        extension, a covenant, warranty, or 
                        other term or condition that relates to 
                        environmental compliance;
                          (iv) monitoring or enforcing the 
                        terms and conditions of the extension 
                        of credit or security interest;
                          (v) monitoring or undertaking one or 
                        more inspections of the vessel or 
                        facility;
                          (vi) requiring a removal action or 
                        other lawful means of addressing a 
                        discharge or substantial threat of a 
                        discharge of oil in connection with the 
                        vessel or facility prior to, during, or 
                        on the expiration of the term of the 
                        extension of credit;
                          (vii) providing financial or other 
                        advice or counseling in an effort to 
                        mitigate, prevent, or cure default or 
                        diminution in the value of the vessel 
                        or facility;
                          (viii) restructuring, renegotiating, 
                        or otherwise agreeing to alter the 
                        terms and conditions of the extension 
                        of credit or security interest, 
                        exercising forbearance;
                          (ix) exercising other remedies that 
                        may be available under applicable law 
                        for the breach of a term or condition 
                        of the extension of credit or security 
                        agreement; or
                          (x) conducting a removal action under 
                        311(c) of the Federal Water Pollution 
                        Control Act (33 U.S.C. 1321(c)) or 
                        under the direction of an on-scene 
                        coordinator appointed under the 
                        National Contingency Plan,
                if such actions do not rise to the level of 
                participating in management under subparagraph 
                (A) of this paragraph and paragraph 
                (26)(A)(vi);
          (39) ``extension of credit'' has the meaning provided 
        in section 101(20)(G)(i) of the Comprehensive 
        Environmental Response, Compensation and Liability Act 
        of 1980 (42 U.S.C. 9601(20)(G)(i));
          (40) ``financial or administrative function'' has the 
        meaning provided in section 101(20)(G)(ii) of the 
        Comprehensive Environmental Response, Compensation and 
        Liability Act of 1980 (42 U.S.C. 9601(20)(G)(ii));
          (41) ``foreclosure'' and ``foreclose'' each has the 
        meaning provided in section 101(20)(G)(iii) of the 
        Comprehensive Environmental Response, Compensation and 
        Liability Act of 1980 (42 U.S.C. 9601(20)(G)(iii));
          (42) ``lender'' has the meaning provided in section 
        101(20)(G)(iv) of the Comprehensive Environmental 
        Response, Compensation and Liability Act of 1980 (42 
        U.S.C. 9601(20)(G)(iv));
          (43) ``operational function'' has the meaning 
        provided in section 101(20)(G)(v) of the Comprehensive 
        Environmental Response, Compensation and Liability Act 
        of 1980 (42 U.S.C. 9601(20)(G)(v)); and
          (44) ``security interest'' has the meaning provided 
        in section 101(20)(G)(vi) of the Comprehensive 
        Environmental Response, Compensation and Liability Act 
        of 1980 (42 U.S.C. 9601(20)(G)(vi)).

           *       *       *       *       *       *       *


SEC. 1005. INTEREST; PARTIAL PAYMENT OF CLAIMS.

  (a) General Rule.--The responsible party or the responsible 
party's guarantor is liable to a claimant for interest on the 
amount paid in satisfaction of a claim under this Act for the 
period described in subsection (b). The responsible party shall 
establish a procedure for the payment or settlement of claims 
for interim, short-term damages. Payment or settlement of a 
claim for interim, short-term damages representing less than 
the full amount of damages to which the claimant ultimately may 
be entitled shall not preclude recovery by the claimant for 
damages not reflected in the paid or settled partial claim.
  (b) Period.--
          (1) In general.--Except as provided in paragraph (2), 
        the period for which interest shall be paid is the 
        period beginning on the 30th day following the date on 
        which the claim is presented to the responsible party 
        or guarantor and ending on the date on which the claim 
        is paid.
          (2) Exclusion of period due to offer by guarantor.--
        If the guarantor offers to the claimant an amount equal 
        to or greater than that finally paid in satisfaction of 
        the claim, the period described in paragraph (1) does 
        not include the period beginning on the date the offer 
        is made and ending on the date the offer is accepted. 
        If the offer is made within 60 days after the date on 
        which the claim is presented under section 1013(a), the 
        period described in paragraph (1) does not include any 
        period before the offer is accepted.
          (3) Exclusion of periods in interests of justice.--If 
        in any period a claimant is not paid due to reasons 
        beyond the control of the responsible party or because 
        it would not serve the interests of justice, no 
        interest shall accrue under this section during that 
        period.
          (4) Calculation of interest.--
                  (A) In general.--The interest paid for 
                claims, other than Federal Government cost 
                recovery claims, under this section shall be 
                calculated at the average of the highest rate 
                for commercial and finance company paper of 
                maturities of 180 days or less obtaining on 
                each of the days included within the period for 
                which interest must be paid to the claimant, as 
                published in the Federal Reserve Bulletin.
                  (B) Federal cost recovery claims.--The 
                interest paid for Federal Government cost 
                recovery claims under this section shall be 
                calculated in accordance with section 3717 of 
                title 31, United States Code.
          (5) Interest not subject to liability limits.--
                  (A) In general.--Interest (including 
                prejudgment interest) under this paragraph is 
                in addition to damages and removal costs for 
                which claims may be asserted under section 1002 
                and shall be paid without regard to any 
                limitation of liability under section 1004.
                  (B) Payment by guarantor.--The payment of 
                interest under this subsection by a guarantor 
                is subject to [section 1016(g)] section 
                1016(f).

           *       *       *       *       *       *       *


SEC. 1012. USES OF THE FUND.

  (a) Uses Generally.--The Fund shall be available to the 
President for--
          (1) the payment of removal costs, including the costs 
        of monitoring removal actions, determined by the 
        President to be consistent with the National 
        Contingency Plan--
                  (A) by Federal authorities; or
                  (B) by a State, a political subdivision of a 
                State, or an Indian tribe, pursuant to a cost-
                reimbursable agreement under subsection (d);
          (2) the payment of costs incurred by Federal, State, 
        or Indian tribe trustees in carrying out their 
        functions under section 1006 for assessing natural 
        resource damages and for developing and implementing 
        plans for the restoration, rehabilitation, replacement, 
        or acquisition of the equivalent of damaged resources 
        determined by the President to be consistent with the 
        National Contingency Plan;
          (3) the payment of removal costs determined by the 
        President to be consistent with the National 
        Contingency Plan as a result of, and damages resulting 
        from, a discharge, or a substantial threat of a 
        discharge, of oil from a foreign offshore unit;
          (4) the payment of claims in accordance with section 
        1013 for uncompensated removal costs determined by the 
        President to be consistent with the National 
        Contingency Plan or uncompensated damages, including, 
        in the case of a spill of national significance that 
        results in extraordinary Coast Guard claims processing 
        activities, the administrative and personnel costs of 
        the Coast Guard to process such claims (including the 
        costs of commercial claims processing, expert services, 
        training, and technical services), subject to the 
        condition that the Coast Guard shall submit to Congress 
        a report describing each spill of national significance 
        not later than 30 days after the date on which the 
        Coast Guard determines it necessary to process such 
        claims; and
          (5) the payment of Federal administrative, 
        operational, and personnel costs and expenses 
        reasonably necessary for and incidental to the 
        implementation, administration, and enforcement of this 
        Act (including, but not limited to, sections 
        1004(d)(2), 1006(e), 4107, 4110, 4111, 4112, 4117, 
        5006, 8103, and title VII) and subsections (b), (c), 
        (d), (j), and (l) of section 311 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1321), as amended by 
        this Act, with respect to prevention, removal, and 
        enforcement related to oil discharges, provided that--
                  (A) not more than $25,000,000 in each fiscal 
                year shall be available to the Secretary for 
                operations and support incurred by the Coast 
                Guard;
                  (B) not more than $15,000,000 in each fiscal 
                year shall be available to the Under Secretary 
                of Commerce for Oceans and Atmosphere for 
                expenses incurred by, and activities related 
                to, response and damage assessment capabilities 
                of the National Oceanic and Atmospheric 
                Administration;
                  (C) not more than $30,000,000 each year 
                through the end of fiscal year 1992 shall be 
                available to establish the National Response 
                System under section 311(j) of the Federal 
                Water Pollution Control Act, as amended by this 
                Act, including the purchase and prepositioning 
                of oil spill removal equipment; and
                  (D) not more than $27,250,000 in each fiscal 
                year shall be available to carry out title VII 
                of this Act.
  (b) Defense to Liability for Fund.--
          (1) In general.--The Fund shall not be available to 
        pay any claim for removal costs or damages to a 
        particular claimant, to the extent that the incident, 
        removal costs, or damages are caused by the gross 
        negligence or willful misconduct of that claimant.
          (2) Subrogated rights.--Except for a guarantor claim 
        pursuant to a defense under [section 1016(f)(1)] 
        section 1016(e)(1), Fund compensation of any claim by 
        an insurer or other indemnifier of a responsible party 
        or injured third party is subject to the subrogated 
        rights of that responsible party or injured third party 
        to such compensation.
  (c) Obligation of Fund by Federal Officials.--The President 
may promulgate regulations designating one or more Federal 
officials who may obligate money in accordance with subsection 
(a).
  (d) Cost-reimbursable Agreement.--
          (1) In general.--In carrying out section 311(c) of 
        the Federal Water Pollution Control Act (33 U.S.C. 
        1321(c)), the President may enter into cost-
        reimbursable agreements with a State, a political 
        subdivision of a State, or an Indian tribe to obligate 
        the Fund for the payment of removal costs consistent 
        with the National Contingency Plan.
          (2) Inapplicability.--Chapter 63 and section 1535 of 
        title 31, United States Code shall not apply to a cost-
        reimbursable agreement entered into under this 
        subsection.
  (e) Rights of Subrogation.--Payment of any claim or 
obligation by the Fund under this Act shall be subject to the 
United States Government acquiring by subrogation all rights of 
the claimant or State to recover from the responsible party.
  (f) Period of Limitations for Claims.--
          (1) Removal costs.--No claim may be presented under 
        this title for recovery of removal costs for an 
        incident unless the claim is presented within 6 years 
        after the date of completion of all removal actions for 
        that incident.
          (2) Damages.--No claim may be presented under this 
        section for recovery of damages unless the claim is 
        presented within 3 years after the date on which the 
        injury and its connection with the discharge in 
        question were reasonably discoverable with the exercise 
        of due care, or in the case of natural resource damages 
        under section 1002(b)(2)(A), if later, the date of 
        completion of the natural resources damage assessment 
        under section 1006(e).
          (3) Minors and incompetents.--The time limitations 
        contained in this subsection 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 the 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 the 
                incompetent.
  (g) Limitation on Payment for Same Costs.--In any case in 
which the President has paid an amount from the Fund for any 
removal costs or damages specified under subsection (a), no 
other claim may be paid from the Fund for the same removal 
costs or damages.
  (h) Obligation in Accordance With Plan.--
          (1) In general.--Except as provided in paragraph (2), 
        amounts may be obligated from the Fund for the 
        restoration, rehabilitation, replacement, or 
        acquisition of natural resources only in accordance 
        with a plan adopted under section 1006(c).
          (2) Exception.--Paragraph (1) shall not apply in a 
        situation requiring action to avoid irreversible loss 
        of natural resources or to prevent or reduce any 
        continuing danger to natural resources or similar need 
        for emergency action.
  (i) Preference for Private Persons in Area Affected by 
Discharge.--
          (1) In general.--In the expenditure of Federal funds 
        for removal of oil, including for distribution of 
        supplies, construction, and other reasonable and 
        appropriate activities, under a contract or agreement 
        with a private person, preference shall be given, to 
        the extent feasible and practicable, to private persons 
        residing or doing business primarily in the area 
        affected by the discharge of oil.
          (2) Limitation.--This subsection shall not be 
        considered to restrict the use of Department of Defense 
        resources.
  (j) Reports.--
          (1) In general.--Each year, on the date on which the 
        President submits to Congress a budget under section 
        1105 of title 31, United States Code, the President, 
        through the Secretary of the Department in which the 
        Coast Guard is operating, shall--
                  (A) provide a report on disbursements for the 
                preceding fiscal year from the Fund, regardless 
                of whether those disbursements were subject to 
                annual appropriations, to--
                          (i) the Senate Committee on Commerce, 
                        Science, and Transportation; and
                          (ii) the House of Representatives 
                        Committee on Transportation and 
                        Infrastructure; and
                  (B) make the report available to the public 
                on the National Pollution Funds Center Internet 
                website.
          (2) Contents.--The report shall include--
                  (A) a list of each incident that--
                          (i) occurred in the preceding fiscal 
                        year; and
                          (ii) resulted in disbursements from 
                        the Fund, for removal costs and 
                        damages, totaling $500,000 or more;
                  (B) a list of each incident that--
                          (i) occurred in the fiscal year 
                        preceding the preceding fiscal year; 
                        and
                          (ii) resulted in disbursements from 
                        the Fund, for removal costs and 
                        damages, totaling $500,000 or more; and
                  (C) an accounting of any amounts reimbursed 
                to the Fund in the preceding fiscal year that 
                were recovered from a responsible party for an 
                incident that resulted in disbursements from 
                the Fund, for removal costs and damages, 
                totaling $500,000 or more.
          (3) Agency recordkeeping.--Each Federal agency that 
        receives amounts from the Fund shall maintain records 
        describing the purposes for which such funds were 
        obligated or expended in such detail as the Secretary 
        may require for purposes of the report required under 
        paragraph (1).

           *       *       *       *       *       *       *


SEC. 1016. FINANCIAL RESPONSIBILITY.

  (a) Requirement.--The responsible party for--
          (1) any vessel over 300 gross tons (except a non-
        self-propelled vessel that does not carry oil as cargo 
        or fuel) using any place subject to the jurisdiction of 
        the United States;
          (2) any vessel using the waters of the exclusive 
        economic zone to transship or lighter oil destined for 
        a place subject to the jurisdiction of the United 
        States; or
          (3) any tank vessel over 100 gross tons using any 
        place subject to the jurisdiction of the United States;
shall establish and maintain, in accordance with regulations 
promulgated by the Secretary, evidence of financial 
responsibility sufficient to meet the maximum amount of 
liability to which the responsible party could be subjected 
under section 1004(a) or (d) of this Act, in a case where the 
responsible party would be entitled to limit liability under 
that section. If the responsible party owns or operates more 
than one vessel, evidence of financial responsibility need be 
established only to meet the amount of the maximum liability 
applicable to the vessel having the greatest maximum liability.
  (b) Sanctions.--
          (1) Withholding clearance.--The Secretary of the 
        Treasury shall withhold or revoke the clearance 
        required by section 4197 of the Revised Statutes of the 
        United States of any vessel subject to this section 
        that does not have the evidence of financial 
        responsibility required for the vessel under this 
        section.
          (2) Denying entry to or detaining vessels.--The 
        Secretary may--
                  (A) deny entry to any vessel to any place in 
                the United States, or to the navigable waters, 
                or
                  (B) detain at the place,
        any vessel that, upon request, does not produce the 
        evidence of financial responsibility required for the 
        vessel under this section.
          (3) Seizure of vessel.--Any vessel subject to the 
        requirements of this section which is found in the 
        navigable waters without the necessary evidence of 
        financial responsibility for the vessel shall be 
        subject to seizure by and forfeiture to the United 
        States.
  (c) Offshore Facilities.--
          (1) In general.--
                  (A) Evidence of financial responsibility 
                required.--Except as provided in paragraph (2), 
                a responsible party with respect to an offshore 
                facility that--
                          (i)(I) is located seaward of the line 
                        of ordinary low water along that 
                        portion of the coast that is in direct 
                        contact with the open sea and the line 
                        marking the seaward limit of inland 
                        waters; or
                          (II) is located in coastal inland 
                        waters, such as bays or estuaries, 
                        seaward of the line of ordinary low 
                        water along that portion of the coast 
                        that is not in direct contact with the 
                        open sea;
                          (ii) is used for exploring for, 
                        drilling for, producing, or 
                        transporting oil from facilities 
                        engaged in oil exploration, drilling, 
                        or production; and
                          (iii) has a worst-case oil spill 
                        discharge potential of more than 1,000 
                        barrels of oil (or a lesser amount if 
                        the President determines that the risks 
                        posed by such facility justify it),
                shall establish and maintain evidence of 
                financial responsibility in the amount required 
                under subparagraph (B) or (C), as applicable.
                  (B) Amount required generally.--Except as 
                provided in subparagraph (C), the amount of 
                financial responsibility for offshore 
                facilities that meet the criteria of 
                subparagraph (A) is--
                          (i) $35,000,000 for an offshore 
                        facility located seaward of the seaward 
                        boundary of a State; or
                          (ii) $10,000,000 for an offshore 
                        facility located landward of the 
                        seaward boundary of a State.
                  (C) Greater amount.--If the President 
                determines that an amount of financial 
                responsibility for a responsible party greater 
                than the amount required by subparagraph (B) is 
                justified based on the relative operational, 
                environmental, human health, and other risks 
                posed by the quantity or quality of oil that is 
                explored for, drilled for, produced, or 
                transported by the responsible party, the 
                evidence of financial responsibility required 
                shall be for an amount determined by the 
                President not exceeding $150,000,000.
                  (D) Multiple facilities.--In a case in which 
                a person is a responsible party for more than 
                one facility subject to this subsection, 
                evidence of financial responsibility need be 
                established only to meet the amount applicable 
                to the facility having the greatest financial 
                responsibility requirement under this 
                subsection.
                  (E) Definition.--For the purpose of this 
                paragraph, the seaward boundary of a State 
                shall be determined in accordance with section 
                2(b) of the Submerged Lands Act (43 U.S.C. 
                1301(b)).
          (2) Deepwater ports.--Each responsible party with 
        respect to a deepwater port shall establish and 
        maintain evidence of financial responsibility 
        sufficient to meet the maximum amount of liability to 
        which the responsible party could be subjected under 
        section 1004(a) of this Act in a case where the 
        responsible party would be entitled to limit liability 
        under that section. If the Secretary exercises the 
        authority under section 1004(d)(2) to lower the limit 
        of liability for deepwater ports, the responsible party 
        shall establish and maintain evidence of financial 
        responsibility sufficient to meet the maximum amount of 
        liability so established. In a case in which a person 
        is the responsible party for more than one deepwater 
        port, evidence of financial responsibility need be 
        established only to meet the maximum liability 
        applicable to the deepwater port having the greatest 
        maximum liability.
  [(e)] (d) Methods of Financial Responsibility.--Financial 
responsibility under this section may be established by any 
one, or by any combination, of the following methods which the 
Secretary (in the case of a vessel) or the President (in the 
case of a facility) determines to be acceptable: evidence of 
insurance, surety bond, guarantee, letter of credit, 
qualification as a self-insurer, or other evidence of financial 
responsibility. Any bond filed shall be issued by a bonding 
company authorized to do business in the United States. In 
promulgating requirements under this section, the Secretary or 
the President, as appropriate, may specify policy or other 
contractual terms, conditions, or defenses which are necessary, 
or which are unacceptable, in establishing evidence of 
financial responsibility to effectuate the purposes of this 
Act.
  [(f)] (e) Claims Against Guarantor.--
          (1) In general.--Subject to paragraph (2), a claim 
        for which liability may be established under section 
        1002 may be asserted directly against any guarantor 
        providing evidence of financial responsibility for a 
        responsible party liable under that section for removal 
        costs and damages to which the claim pertains. In 
        defending against such a claim, the guarantor may 
        invoke--
                  (A) all rights and defenses which would be 
                available to the responsible party under this 
                Act;
                  (B) any defense authorized under [subsection 
                (e)] subsection (d); and
                  (C) the defense that the incident was caused 
                by the willful misconduct of the responsible 
                party.
        The guarantor may not invoke any other defense that 
        might be available in proceedings brought by the 
        responsible party against the guarantor.
          (2) Further requirement.--A claim may be asserted 
        pursuant to paragraph (1) directly against a guarantor 
        providing evidence of financial responsibility under 
        subsection (c)(1) with respect to an offshore facility 
        only if--
                  (A) the responsible party for whom evidence 
                of financial responsibility has been provided 
                has denied or failed to pay a claim under this 
                Act on the basis of being insolvent, as defined 
                under section 101(32) of title 11, United 
                States Code, and applying generally accepted 
                accounting principles;
                  (B) the responsible party for whom evidence 
                of financial responsibility has been provided 
                has filed a petition for bankruptcy under title 
                11, United States Code; or
                  (C) the claim is asserted by the United 
                States for removal costs and damages or for 
                compensation paid by the Fund under this Act, 
                including costs incurred by the Fund for 
                processing compensation claims.
          (3) Rulemaking authority.--Not later than 1 year 
        after the date of enactment of this paragraph, the 
        President shall promulgate regulations to establish a 
        process for implementing paragraph (2) in a manner that 
        will allow for the orderly and expeditious presentation 
        and resolution of claims and effectuate the purposes of 
        this Act.
  [(g)] (f) Limitation on Guarantor's Liability.--Nothing in 
this Act shall impose liability with respect to an incident on 
any guarantor for damages or removal costs which exceed, in the 
aggregate, the amount of financial responsibility which that 
guarantor has provided for a responsible party pursuant to this 
section. The total liability of the guarantor on direct action 
for claims brought under this Act with respect to an incident 
shall be limited to that amount.
  [(h)] (g) Continuation of Regulations.--Any regulation 
relating to financial responsibility, which has been issued 
pursuant to any provision of law repealed or superseded by this 
Act, and which is in effect on the date immediately preceding 
the effective date of this Act, is deemed and shall be 
construed to be a regulation issued pursuant to this section. 
Such a regulation shall remain in full force and effect unless 
and until superseded by a new regulation issued under this 
section.
  [(i)] (h) Unified Certificate.--The Secretary may issue a 
single unified certificate of financial responsibility for 
purposes of this Act and any other law.

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.

SEC. 1018. RELATIONSHIP TO OTHER LAW.

  (a) Preservation of State Authorities; Solid Waste Disposal 
Act.--Nothing in this Act or the Act of March 3, 1851 shall--
          (1) affect, or be construed or interpreted as 
        preempting, the authority of any State or political 
        subdivision thereof from imposing any additional 
        liability or requirements with respect to--
                  (A) the discharge of oil or other pollution 
                by oil within such State; or
                  (B) any removal activities in connection with 
                such a discharge; or
          (2) affect, or be construed or interpreted to affect 
        or modify in any way the obligations or liabilities of 
        any person under the Solid Waste Disposal Act (42 
        U.S.C. 6901 et seq.) or State law, including common 
        law.
  (b) Preservation of State Funds.--Nothing in this Act or in 
section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 
9509) shall in any way affect, or be construed to affect, the 
authority of any State--
          (1) to establish, or to continue in effect, a fund 
        any purpose of which is to pay for costs or damages 
        arising out of, or directly resulting from, oil 
        pollution or the substantial threat of oil pollution; 
        or
          (2) to require any person to contribute to such a 
        fund.
  (c) Additional Requirements and Liabilities; Penalties.--
Nothing in this Act, [the Act of March 3, 1851 (46 U.S.C. 183 
et seq.)] chapter 305 of title 46, United States Code, or 
section 9509 of the Internal Revenue Code of 1986 (26 U.S.C. 
9509), shall in any way affect, or be construed to affect, the 
authority of the United States or any State or political 
subdivision thereof--
          (1) to impose additional liability or additional 
        requirements; or
          (2) to impose, or to determine the amount of, any 
        fine or penalty (whether criminal or civil in nature) 
        for any violation of law;
relating to the discharge, or substantial threat of a 
discharge, of oil.
  (d) Federal Employee Liability.--For purposes of section 
2679(b)(2)(B) of title 28, United States Code, nothing in this 
Act shall be construed to authorize or create a cause of action 
against a Federal officer or employee in the officer's or 
employee's personal or individual capacity for any act or 
omission while acting within the scope of the officer's or 
employee's office or employment.

           *       *       *       *       *       *       *


       TITLE VII--OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM

SEC. 7001. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.

  (a) Definitions.--In this section--
          (1) the term ``Chair'' means the Chairperson of the 
        Interagency Committee designated under subsection 
        (c)(2);
          (2) the term ``Commandant'' means the Commandant of 
        the Coast Guard;
          (3) the term ``institution of higher education'' 
        means an institution of higher education, as defined in 
        section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a));
          (4) the term ``Interagency Committee'' means the 
        Interagency Coordinating Committee on Oil Pollution 
        Research established under subsection (b);
          (5) the term ``Under Secretary'' means the Under 
        Secretary of Commerce for Oceans and Atmosphere; and
          (6) the term ``Vice Chair'' means the Vice 
        Chairperson of the Interagency Committee designated 
        under subsection (c)(3).
  (b) Establishment of Interagency Coordinating Committee on 
Oil Pollution Research.--
          (1) Establishment.--There is established an 
        Interagency Coordinating Committee on Oil Pollution 
        Research.
          (2) Purpose.--The Interagency Committee shall 
        coordinate a comprehensive program of oil pollution 
        research, technology development, and demonstration 
        among the Federal agencies, in cooperation and 
        coordination with industry, 4-year institutions of 
        higher education and research institutions, State 
        governments, and other nations, as appropriate, and 
        shall foster cost-effective research mechanisms, 
        including the joint funding of research.
  (c) Membership.--
          (1) Composition.--The Interagency Committee shall be 
        composed of--
                  (A) at least 1 representative of the Coast 
                Guard;
                  (B) at least 1 representative of the National 
                Oceanic and Atmospheric Administration;
                  (C) at least 1 representative of the 
                Environmental Protection Agency;
                  (D) at least 1 representative of the 
                Department of the Interior;
                  (E) at least 1 representative of the Bureau 
                of Safety and Environmental Enforcement;
                  (F) at least 1 representative of the Bureau 
                of Ocean Energy Management;
                  (G) at least 1 representative of the United 
                States Fish and Wildlife Service;
                  (H) at least 1 representative of the 
                Department of Energy;
                  (I) at least 1 representative of the Pipeline 
                and Hazardous Materials Safety Administration;
                  (J) at least 1 representative of the Federal 
                Emergency Management Agency;
                  (K) at least 1 representative of the Navy;
                  (L) at least 1 representative of the Corps of 
                Engineers;
                  (M) at least 1 representative of the United 
                States Arctic Research Commission; and
                  (N) at least 1 representative of each of such 
                other Federal agencies as the President 
                considers to be appropriate.
          (2) Chairperson.--The Commandant shall designate a 
        Chairperson from among the members of the Interagency 
        Committee selected under paragraph (1)(A).
          (3) Vice chairperson.--The Under Secretary shall 
        designate a Vice Chairperson from among the members of 
        the Interagency Committee selected under paragraph 
        (1)(B).
          (4) Meetings.--
                  (A) Quarterly meetings.--At a minimum, the 
                members of the Interagency Committee shall meet 
                once each quarter.
                  (B) Public summaries.--After each meeting, a 
                summary shall be made available by the Chair or 
                Vice Chair, as appropriate.
  (d) Duties of the Interagency Committee.--
          (1) Research.--The Interagency Committee shall--
                  (A) coordinate a comprehensive program of oil 
                pollution research, technology development, and 
                demonstration among the Federal agencies, in 
                cooperation and coordination with industry, 4-
                year institutions of higher education and 
                research institutions, States, Indian tribes, 
                and other countries, as appropriate; and
                  (B) foster cost-effective research 
                mechanisms, including the joint funding of 
                research and the development of public-private 
                partnerships for the purpose of expanding 
                research.
          (2) Oil pollution research and technology plan.--
                  (A) Implementation plan.--Not later than 180 
                days after the date of enactment of the Elijah 
                E. Cummings Coast Guard Authorization Act of 
                2020, the Interagency Committee shall submit to 
                Congress a research plan to report on the state 
                of oil discharge prevention and response 
                capabilities that--
                          (i) identifies current research 
                        programs conducted by Federal agencies, 
                        States, Indian tribes, 4-year 
                        institutions of higher education, and 
                        corporate entities;
                          (ii) assesses the current status of 
                        knowledge on oil pollution prevention, 
                        response, and mitigation technologies 
                        and effects of oil pollution on the 
                        environment;
                          (iii) identifies significant oil 
                        pollution research gaps, including an 
                        assessment of major technological 
                        deficiencies in responses to past oil 
                        discharges;
                          (iv) establishes national research 
                        priorities and goals for oil pollution 
                        technology development related to 
                        prevention, response, mitigation, and 
                        environmental effects;
                          (v) assesses the research on the 
                        applicability and effectiveness of the 
                        prevention, response, and mitigation 
                        technologies to each class of oil;
                          (vi) estimates the resources needed 
                        to conduct the oil pollution research 
                        and development program established 
                        pursuant to subsection (e), and 
                        timetables for completing research 
                        tasks;
                          (vii) summarizes research on response 
                        equipment in varying environmental 
                        conditions, such as in currents, ice 
                        cover, and ice floes; and
                          (viii) includes such other 
                        information or recommendations as the 
                        Interagency Committee determines to be 
                        appropriate.
                  (B) Advice and guidance.--
                          (i) National academy of sciences 
                        contract.--The Chair, through the 
                        department in which the Coast Guard is 
                        operating, shall contract with the 
                        National Academy of Sciences to--
                                  (I) provide advice and 
                                guidance in the preparation and 
                                development of the research 
                                plan;
                                  (II) assess the adequacy of 
                                the plan as submitted, and 
                                submit a report to Congress on 
                                the conclusions of such 
                                assessment; and
                                  (III) provide organization 
                                guidance regarding the 
                                implementation of the research 
                                plan, including delegation of 
                                topics and research among 
                                Federal agencies represented on 
                                the Interagency Committee.
                          (ii) NIST advice and guidance.--The 
                        National Institute of Standards and 
                        Technology shall provide the 
                        Interagency Committee with advice and 
                        guidance on issues relating to quality 
                        assurance and standards measurements 
                        relating to its activities under this 
                        section.
                  (C) 10-year updates.--Not later than 10 years 
                after the date of enactment of the Elijah E. 
                Cummings Coast Guard Authorization Act of 2020, 
                and every 10 years thereafter, the Interagency 
                Committee shall submit to Congress a research 
                plan that updates the information contained in 
                the previous research plan submitted under this 
                subsection.
  (e) Oil Pollution Research and Development Program.--
          (1) Establishment.--The Interagency Committee shall 
        coordinate the establishment, by the agencies 
        represented on the Interagency Committee, of a program 
        for conducting oil pollution research, technology, and 
        development, as provided in this subsection.
          (2) Innovative oil pollution technology.--The program 
        established under paragraph (1) shall provide for 
        research, development, and demonstration of new or 
        improved technologies and methods that are effective in 
        preventing, mitigating, or restoring damage from oil 
        discharges and that protect the environment, 
        including--
                  (A) development of improved designs for 
                vessels and facilities, and improved 
                operational practices;
                  (B) research, development, and demonstration 
                of improved technologies to measure the ullage 
                of a vessel tank, prevent discharges from tank 
                vents, prevent discharges during lightering and 
                bunkering operations, contain discharges on the 
                deck of a vessel, prevent discharges through 
                the use of vacuums in tanks, and otherwise 
                contain discharges of oil from vessels and 
                facilities;
                  (C) research, development, and demonstration 
                of new or improved systems of mechanical, 
                chemical, biological, and other methods 
                (including the use of dispersants, solvents, 
                and bioremediation) for the recovery, removal, 
                and disposal of oil, including evaluation of 
                the environmental effects of the use of such 
                systems;
                  (D) research and training, in consultation 
                with the National Response Team, to improve 
                industry's and Government's ability to quickly 
                and effectively remove an oil discharge, 
                including the long-term use, as appropriate, of 
                the National Spill Control School in Corpus 
                Christi, Texas, and the Center for Marine 
                Training and Safety in Galveston, Texas;
                  (E) research to improve information systems 
                for decisionmaking, including the use of data 
                from coastal mapping, baseline data, and other 
                data related to the environmental effects of 
                oil discharges, and cleanup technologies;
                  (F) development of technologies and methods 
                to protect public health and safety from oil 
                discharges, including the population directly 
                exposed to an oil discharge;
                  (G) development of technologies, methods, and 
                standards for protecting removal personnel, 
                including training, adequate supervision, 
                protective equipment, maximum exposure limits, 
                and decontamination procedures;
                  (H) research and development of methods to 
                restore and rehabilitate natural resources 
                damaged by oil discharges;
                  (I) research to evaluate the relative 
                effectiveness and environmental impacts of 
                bioremediation technologies; and
                  (J) the demonstration of a satellite-based, 
                dependent surveillance vessel traffic system in 
                Narragansett Bay to evaluate the utility of 
                such system in reducing the risk of oil 
                discharges from vessel collisions and 
                groundings in confined waters.
          (3) Oil pollution technology evaluation.--The program 
        established under paragraph (1) shall provide for oil 
        pollution prevention and mitigation technology 
        evaluation including--
                  (A) the evaluation and testing of 
                technologies developed independently of the 
                research and development program established 
                under paragraph (1);
                  (B) the establishment, where appropriate, of 
                standards and testing protocols traceable to 
                national standards to measure the performance 
                of oil pollution prevention or mitigation 
                technologies; and
                  (C) the use, where appropriate, of controlled 
                field testing to evaluate real-world 
                application of oil discharge prevention or 
                mitigation technologies.
          (4) Oil pollution effects research.--(A) The 
        Committee shall establish a research program to monitor 
        and evaluate the environmental effects of acute and 
        chronic oil discharges on coastal and marine resources 
        (including impacts on protected areas such as 
        sanctuaries) and protected species, and such program 
        shall include the following elements:
                  (i) The development of improved models and 
                capabilities for predicting the environmental 
                fate, transport, and effects of oil discharges.
                  (ii) The development of methods, including 
                economic methods, to assess damages to natural 
                resources resulting from oil discharges.
                  (iii) Research to understand and quantify the 
                effects of sublethal impacts of oil discharge 
                on living natural marine resources, including 
                impacts on pelagic fish species, marine 
                mammals, and commercially and recreationally 
                targeted fish and shellfish species.
                  (iv) The identification of types of 
                ecologically sensitive areas at particular risk 
                to oil discharges and the preparation of 
                scientific monitoring and evaluation plans, one 
                for each of several types of ecological 
                conditions, to be implemented in the event of 
                major oil discharges in such areas.
                  (v) The collection of environmental baseline 
                data in ecologically sensitive areas at 
                particular risk to oil discharges where such 
                data are insufficient.
                  (vi) Research to understand the long-term 
                effects ofmajor oil discharges and the long-
                term effects of smallerendemic oil discharges.
                  (vii) The identification of potential impacts 
                on ecosystems,habitat, and wildlife from the 
                additional toxicity,heavy metal concentrations, 
                and increased corrosivenessof mixed crude, such 
                as diluted bitumen crude.
                  (viii) The development of methods to restore 
                andrehabilitate natural resources and ecosystem 
                functionsdamaged by oil discharges.
          (B) The Department of Commerce in consultation with 
        the Environmental Protection Agency shall monitor and 
        scientifically evaluate the long-term environmental 
        effects of oil discharges if--
                  (i) the amount of oil discharged exceeds 
                250,000 gallons;
                  (ii) the oil discharge has occurred on or 
                after January 1, 1989; and
                  (iii) the Interagency Committee determines 
                that a study of the long-term environmental 
                effects of the discharge would be of 
                significant scientific value, especially for 
                preventing or responding to future oil 
                discharges.
        Areas for study may include the following sites where 
        oil discharges have occurred: the New York/New Jersey 
        Harbor area, where oil was discharged by an Exxon 
        underwater pipeline, the T/B CIBRO SAVANNAH, and the M/
        V BT NAUTILUS; Narragansett Bay where oil was 
        discharged by the WORLD PRODIGY; the Houston Ship 
        Channel where oil was discharged by the RACHEL B; the 
        Delaware River, where oil was discharged by the 
        PRESIDENTE RIVERA and the T/V ATHOS I, and Huntington 
        Beach, California, where oil was discharged by the 
        AMERICAN TRADER.
          (C) Research conducted under this paragraph by, or 
        through, the United States Fish and Wildlife Service 
        shall be directed and coordinated by the National 
        Wetland Research Center.
          (5) Marine simulation research.--The program 
        established under paragraph (1) shall include research 
        on the greater use and application of geographic and 
        vessel response simulation models, including the 
        development of additional data bases and updating of 
        existing data bases using, among others, the resources 
        of the National Maritime Research Center. It shall 
        include research and vessel simulations for--
                  (A) contingency plan evaluation and 
                amendment;
                  (B) removal and strike team training;
                  (C) tank vessel personnel training; and
                  (D) those geographic areas where there is a 
                significant likelihood of a major oil 
                discharge.
          (6) Demonstration projects.--The United States Coast 
        Guard, in conjunction with such agencies as the 
        President may designate, shall conduct 4 port oil 
        pollution minimization demonstration projects, one each 
        with (A) the Port Authority of New York and New Jersey, 
        (B) the Ports of Los Angeles and Long Beach, 
        California, (C) the Port of New Orleans, Louisiana, and 
        (D) a port on the Great Lakes for the purpose of 
        developing and demonstrating integrated port oil 
        pollution prevention and cleanup systems which utilize 
        the information and implement the improved practices 
        and technologies developed from the research, 
        development, and demonstration program established in 
        this section. Such systems shall utilize improved 
        technologies and management practices for reducing the 
        risk of oil discharges, including, as appropriate, 
        improved data access, computerized tracking of oil 
        shipments, improved vessel tracking and navigation 
        systems, advanced technology to monitor pipeline and 
        tank conditions, improved oil spill response 
        capability, improved capability to predict the flow and 
        effects of oil discharges in both the inner and outer 
        harbor areas for the purposes of making infrastructure 
        decisions, and such other activities necessary to 
        achieve the purposes of this section.
          (7) Simulated environmental testing.--
                  (A) In general.--Agencies represented on the 
                Interagency Committee shall ensure the long-
                term use and operation of the Oil and Hazardous 
                Materials Simulated Environmental Test Tank 
                (OHMSETT) Research Center in New Jersey for oil 
                pollution technology testing and evaluations.
                  (B) Other testing facilities.--Nothing in 
                subparagraph (A) shall be construed as limiting 
                the ability of the Interagency Committee to 
                contract or partner with a facility or 
                facilities other than the Center described in 
                subparagraph (A) for the purpose of oil 
                pollution technology testing and evaluations, 
                provided such a facility or facilities have 
                testing and evaluation capabilities equal to or 
                greater than those of such Center.
                  (C) In-kind contributions.--
                          (i) In general.--The Secretary of the 
                        department in which the Coast Guard is 
                        operating and the Administrator of the 
                        Environmental Protection Agency may 
                        accept donations of crude oil and crude 
                        oil product samples in the form of in-
                        kind contributions for use by the 
                        Federal Government for product testing, 
                        research and development, and for other 
                        purposes as the Secretary and the 
                        Administrator determine appropriate.
                          (ii) Use of donated oil.--Oil 
                        accepted under clause (i) may be used 
                        directly by the Secretary and shall be 
                        provided to other Federal agencies or 
                        departments through interagency 
                        agreements to carry out the purposes of 
                        this Act.
          (8) Regional research program.--(A) Consistent with 
        the research plan in subsection (d), the Interagency 
        Committee shall coordinate a program of competitive 
        grants to universities or other research institutions, 
        or groups of universities or research institutions, for 
        the purposes of conducting a coordinated research 
        program related to the regional aspects of oil 
        pollution, such as prevention, removal, mitigation, and 
        the effects of discharged oil on regional environments. 
        For the purposes of this paragraph, a region means a 
        Coast Guard district as set out in part 3 of title 33, 
        Code of Federal Regulations (2010).
          (B) The Interagency Committee shall coordinate the 
        publication by the agencies represented on the 
        Interagency Committee of a solicitation for grants 
        under this subsection. The application shall be in such 
        form and contain such information as may be required in 
        the published solicitation. The applications shall be 
        reviewed by the Interagency Committee, which shall make 
        recommendations to the appropriate granting agency 
        represented on the Interagency Committee for awarding 
        the grant. The granting agency shall award the grants 
        recommended by the Interagency Committee unless the 
        agency decides not to award the grant due to budgetary 
        or other compelling considerations and publishes its 
        reasons for such a determination in the Federal 
        Register. No grants may be made by any agency from any 
        funds authorized for this paragraph unless such grant 
        award has first been recommended by the Interagency 
        Committee.
          (C) Any university or other research institution, or 
        group of universities or research institutions, may 
        apply for a grant for the regional research program 
        established by this paragraph. The applicant must be 
        located in the region, or in a State a part of which is 
        in the region, for which the project is proposed as 
        part of the regional research program. With respect to 
        a group application, the entity or entities which will 
        carry out the substantial portion of the proposed 
        research must be located in the region, or in a State a 
        part of which is in the region, for which the project 
        is proposed as part of the regional research program.
          (D) The Interagency Committee shall make 
        recommendations on grants in such a manner as to ensure 
        an appropriate balance within a region among the 
        various aspects of oil pollution research, including 
        prevention, removal, mitigation, and the effects of 
        discharged oil on regional environments. In addition, 
        the Interagency Committee shall make recommendations 
        for grants based on the following criteria:
                  (i) There is available to the applicant for 
                carrying out this paragraph demonstrated 
                research resources.
                  (ii) The applicant demonstrates the 
                capability of making a significant contribution 
                to regional research needs.
                  (iii) The projects which the applicant 
                proposes to carry out under the grant are 
                consistent with the research plan under 
                subsection (d) and would further the objectives 
                of the research and development program 
                established in this section.
          (E) Grants provided under this paragraph shall be for 
        a period up to 3 years, subject to annual review by the 
        granting agency, and provide not more than 80 percent 
        of the costs of the research activities carried out in 
        connection with the grant.
          (F) No funds made available to carry out this 
        subsection may be used for the acquisition of real 
        property (including buildings) or construction of any 
        building.
          (G) Nothing in this paragraph is intended to alter or 
        abridge the authority under existing law of any Federal 
        agency to make grants, or enter into contracts or 
        cooperative agreements, using funds other than those 
        authorized in this Act for the purposes of carrying out 
        this paragraph.
          (9) Funding.--For each of the fiscal years 1991, 
        1992, 1993, 1994, and 1995, $6,000,000 of amounts in 
        the Fund shall be available to carry out the regional 
        research program in paragraph (8), such amounts to be 
        available in equal amounts for the regional research 
        program in each region; except that if the agencies 
        represented on the Interagency Committee determine that 
        regional research needs exist which cannot be addressed 
        within such funding limits, such agencies may use their 
        authority under paragraph (10) to make additional 
        grants to meet such needs. For the purposes of this 
        paragraph, the research program carried out by the 
        Prince William Sound Oil Spill Recovery Institute 
        established under section 5001, shall not be eligible 
        to receive grants under this paragraph until the 
        authorization for funding under section 5006(b) 
        expires.
          (10) Grants.--In carrying out the research and 
        development program established under paragraph (1), 
        the Under Secretary may enter into contracts and 
        cooperative agreements and make grants to universities, 
        research institutions, and other persons, and States 
        and Indian tribes. Such contracts, cooperative 
        agreements, and grants shall address research and 
        technology priorities set forth in the oil pollution 
        research plan under subsection (d).
          (11) In carrying out research under this section, the 
        Department of Transportation shall continue to utilize 
        the resources of the Pipeline and Hazardous Materials 
        Safety Administration of the Department of 
        Transportation, to the maximum extent practicable.
  (f) International Cooperation.--In accordance with the 
research plan submitted under subsection (d), the Interagency 
Committee shall coordinate and cooperate with other nations and 
foreign research entities in conducting oil pollution research, 
development, and demonstration activities, including controlled 
field tests of oil discharges.
  (g) Biennial Reports.--The Chair shall submit to Congress 
every 2 years on October 30 a report on the activities carried 
out under this section in the preceding 2 fiscal years, and on 
activities proposed to be carried out under this section in the 
current 2 fiscal year period.
  (h) Funding.--Not to exceed $22,000,000 of amounts in the 
Fund shall be available annually to carry out this section 
except for subsection (e)(8). Of such sums--
          (1) funds authorized to be appropriated to carry out 
        the activities under [subsection (c)(4)] subsection 
        (e)(4) shall not exceed $5,000,000 for fiscal year 1991 
        or $3,500,000 for any subsequent fiscal year; and
          (2) not less than $3,000,000 shall be available for 
        carrying out the activities in subsection (c)(6) for 
        fiscal years 1992, 1993, 1994, and 1995.
All activities authorized in this section, including subsection 
(e)(8), are subject to appropriations.

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