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S. 524 · Senate bill · 119th Congress
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(a) Revising merchant mariner deck training requirements.—
(1) General definitions.— Section 2101 of title 46, United States Code, is amended—
(A) by redesignating paragraphs (20) through (56) as paragraphs (21), (22), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35), (36), (37), (38), (39), (40), (41), (42), (43), (44), (45), (46), (47), (48), (49), (50), (51), (52), (53), (54), (55), (56), (57), and (58), respectively; and
(B) 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.”; and
(C) by inserting after paragraph (22), as so redesignated, the following:
“(23) “nautical school program” means a program that—
(A) offers a comprehensive program of training that includes substantial sea service on nautical school vessels or merchant vessels of the United States primarily to train individuals for service in the merchant marine; and
(B) is approved by the Secretary for purposes of section 7315, in accordance with regulations promulgated by the Secretary.”.
(2) Examinations.— Section 7116 of title 46, United States Code, is amended by striking subsection (c).
(3) Merchant mariners documents.—
(A) General requirements.— Section 7306 of title 46, United States Code, is amended to read as follows:
“7306. General requirements and classifications for members of deck departments.—
(a) In general.— The Secretary may issue a merchant mariner credential, to members of the deck department in the following classes:
(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) Qualifications.— To qualify for a credential under this section, an applicant shall 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;
(4) is qualified as to sight, hearing, and physical condition to perform the seafarer’s duties; and
(5) has satisfied any additional requirements established by the Secretary, including career patterns and service appropriate to the particular service, industry, or job functions the individual is engaged.”.
(B) Implementation.— The Secretary of the department in which the Coast Guard is operating shall implement the requirements under subsection (c) of section 7306 of title 46, United States Code (as amended by 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).
(C) 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:
(b) General requirements for members of engine departments.—
(1) In general.— Section 7313 of title 46, United States Code, is amended—
(A) in subsection (b) by striking “and coal passer”; and
(B) by striking subsection (c) and inserting the following:
“(c) 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.
(d) Qualifications.— To qualify for an credential under this section, an applicant shall provide satisfactory proof that the applicant—
(1) is at least 18 years of age;
(2) has a minimum of 6-months service in the related entry rating;
(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 member’s duties.”.
(2) Repeal.— Section 7314 of title 46, United States Code, and the item relating to such section in the analysis for chapter 73 of such title, are repealed.
(c) Training.—
(1) In general.— Section 7315 of title 46, United States Code, is amended to read as follows:
“7315. Training.—
(a) Nautical School Program.— Graduation from a nautical school program may be substituted for the sea service requirements under sections 7307 through 7311a and 7313 of this title.
(b) Other approved training programs.— The satisfactory completion of a training program approved by the Secretary may be substituted for not more than one-half of the sea service requirements under sections 7307 through 7311a and 7313 of this title in accordance with subsection (c).
(c) Training days.— For purposes of subsection (b), training days undertaken in connection with training programs approved by the Secretary may be substituted for days of required sea service under sections 7307 through 7311a and 7313 of this title as follows:
(1) Each shore-based training day in the form of classroom lectures may be substituted for 2 days of sea service requirements.
(2) Each training day of laboratory training, practical demonstrations, and other similar training, may be substituted for 4 days of sea service requirements.
(3) Each training day of full mission simulator training may be substituted for 6 days of sea service requirements.
(4) Each training day underway on a vessel while enrolled in an approved training program may be substituted for 1½ days of sea service requirements, as long as—
(A) the structured training provided while underway on a vessel is—
(i) acceptable to the Secretary as part of the approved training program; and
(ii) fully completed by the individual; and
(B) the tonnage of such vessel is appropriate to the endorsement being sought.
(d) Definition.— In this section, the term “training day” means a day that consists of not less than 7 hours of training.”.
(2) Implementation.— The Secretary of the department in which the Coast Guard is operating shall implement the requirements of section 7315 of title 46, United States Code, as amended by this subsection, 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) and 14094 (88 Fed. Reg. 21879).
(3) Technical and conforming amendments.—
(A) Title 46.— Title 46, United States Code, is amended—
(i) in section 2113(3) by striking “section 2101(53)(A)” and inserting “section 2101(55)(A)”;
(ii) in section 3202(a)(1)(A) by striking “section 2101(29)(A)” and inserting “section 2101(31)(A)”;
(iii) in section 3507(k)(1) by striking “section 2101(31)” and inserting “section 2101(33)”;
(iv) in section 4105(d) by striking “section 2101(53)(A)” and inserting “section 2101(55)(A)”;
(v) in section 12119(a)(3) by striking “section 2101(26)” and inserting “section 2101(28)”; and
(vi) in section 51706(c)(6)(C)(ii) by striking “section 2101(24)” and inserting “section 2101(26)”.
(B) Other laws.—
(i) Section 3(3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(3)) is amended by striking “2101(30) of title 46” and inserting “2101 of title 46”.
(ii) Section 1992(d)(7) of title 18, United States Code, is amended by striking “section 2101(31) of title 46” and inserting “section 2101 of title 46”.
(iii) Section 311(a)(26)(D) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)(26)(D)) is amended by striking “section 2101(23)” and inserting “section 2101”.
(iv) Section 1101 of title 49, United States Code, is amended by striking “Section 2101(23)” and inserting “Section 2101(24)”.
(d) Amendments.—
(1) 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”.
(2) Able seafarers—unlimited.—
(A) In general.— The section heading for section 7307 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(B) Reduction of length of certain period of service.— Section 7307 of title 46, United States Code, is amended by striking “3 years” and inserting “18 months”.
(C) 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”.
(3) Able seamen—limited.—
(A) In general.— The section heading for section 7308 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(B) Reduction of length of certain period of service.— Section 7308 of title 46, United States Code, is amended by striking “18 months” and inserting “12 months”.
(C) 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”.
(4) Able seafarers—special.—
(A) In general.— The section heading for section 7309 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(B) Reduction of length of certain period of service.— Section 7309 of title 46, United States Code, is amended by striking “12 months” and inserting “6 months”.
(C) 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”.
(5) Able seafarers—offshore supply vessels.—
(A) In general.— The section heading for section 7310 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(B) 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”.
(6) Able seafarers—sail.—
(A) In general.— The section heading for section 7311 of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(B) 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”.
(7) Able seamen—fishing industry.—
(A) In general.— The section heading for section 7311a of title 46, United States Code, is amended by striking “seamen” and inserting “seafarers”.
(B) 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”.
(8) Parts E and F.— Parts E and F of subtitle II of title 46, United States Code, is amended—
(A) by striking “seaman” and inserting “seafarer” each place it appears; and
(B) by striking “seamen” and inserting “seafarers” each place it appears.
(9) Clerical amendments.— 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”.
(10) 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.
(11) Merchant mariner credentials.— Section 7510 of title 46, United States Code, is amended by striking subsection (d).
(e) 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.”.
(f) Merchant seamen licenses, certificates, and documents; manning of vessels.—
(1) Citizenship or noncitizen nationality.—
(A) In general.— Section 7102 of title 46, United States Code, is amended—
(i) in the section heading by inserting “or noncitizen nationality” after “Citizenship”; and
(ii) 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”.
(B) 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:
(2) Citizenship or noncitizen nationality notation on merchant mariners’ documents.—
(A) In general.— Section 7304 of title 46, United States Code, is amended—
(i) in the section heading by inserting “or noncitizen nationality” after “Citizenship”; and
(ii) 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”.
(B) 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:
(3) Citizenship or noncitizen nationality.—
(A) In general.— Section 8103 of title 46, United States Code, is amended—
(i) in the section heading by inserting “or noncitizen nationality” after “Citizenship”;
(ii) in subsection (a) by inserting “or noncitizen national” after “citizen”;
(iii) 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”;
(iv) in subsection (c) by inserting “or noncitizen nationals” after “citizens”;
(v) 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;
(vi) in subsection (e) by inserting “or noncitizen national” after “citizen” each place it appears;
(vii) in subsection (i)(1)(A) by inserting “or noncitizen national” after “citizen”;
(viii) in subsection (k)(1)(A) by inserting “or noncitizen national” after “citizen”; and
(ix) 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).”.
(B) 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:
(4) 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”.
(5) Invalidation of certificates of documentation.— Section 12135(2) of title 46, United States Code, is amended by inserting “or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408))” after “citizen”.
Section 8313(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking “2025” and inserting “2027”.
(a) In general.— Chapter 75 of title 46, United States Code, is amended by adding at the end the following:
“7512. Requirements of electronic merchant mariner credentialing system.—
(a) Definition of merchant mariner credential.— 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.
(b) Necessary considerations.— In implementing any electronic merchant mariner credentialing system for purposes of this chapter, the Secretary shall consider how to allow, to the maximum extent practicable—
(1) the electronic submission of the components of merchant mariner credential applications (such as sea service documentation, professional qualifications, course completion certificates, safety and suitability documents, and medical records) and course approval requests;
(2) the direct electronic and secure submission of—
(A) sea service verification documentation from employers;
(B) course completion certificates from training providers; and
(C) necessary documentation from other stakeholders; and
(3) the electronic processing and evaluation of information for the issuance of merchant mariner credentials and course approvals, including the capability for the Secretary to complete remote evaluation of information submitted through the system.
(c) Access to data.— The Secretary shall ensure that the Maritime Administration and other Federal agencies, as authorized by the Secretary, have access to anonymized and aggregated data from the electronic system described in subsection (b) and that such data include, at a minimum—
(1) the total amount of sea service for individuals with a valid merchant mariner credential;
(2) the number of mariners with valid merchant mariner credentials for each rating, including the capability to filter data based on credential endorsements;
(3) demographic information including age, gender, and region or address;
(4) the estimated times for the Coast Guard to process merchant mariner credential applications, mariner medical certificates, and course approvals;
(5) the number of providers approved to provide training for purposes of this part and, for each such training provider, the number of classes taken by individuals with, or applying for, a merchant mariner credential; and
(6) if applicable, the branch of the uniformed services (as defined in section 101(a) of title 10) and duty status of applicants for a merchant mariner credential.
(d) Privacy requirements.— The Secretary shall collect the information required under subsection (b) in a manner that protects the privacy rights of individuals who are the subjects of such information.”.
(b) Clerical amendment.— The analysis for chapter 75 of title 46, United States Code, is amended by adding at the end the following:
Section 2302(b) of title 46, United States Code, is amended to read as follows:
“(b) Grossly negligent operation.—
(1) Misdemeanor.— A person operating a vessel in a grossly negligent manner that endangers the life, limb, or property of a person commits a class A misdemeanor.
(2) Felony.— A person operating a vessel in a grossly negligent manner that results in serious bodily injury, as defined in section 1365(h)(3) of title 18—
(A) commits a class E felony; and
(B) may be assessed a civil penalty of not more than $35,000.”.
(a) Security risk.— Section 7702(d)(1) of title 46, United States Code, is amended—
(1) in subparagraph (B) by redesignating clauses (i) through (iv) as subclauses (I) through (IV), respectively (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:
“(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”.
(a) In general.— The Commandant shall conduct a study to determine the applicability of current safety regulations that apply to commercial amphibious vessels.
(b) Elements.— The study required under subsection (a) shall include the following:
(1) An overview and analysis that identifies safety regulations that apply to commercial amphibious vessels;
(2) An evaluation of whether safety gaps and risks exist associated with the application of regulations identified in subsection (b)(1) to the operation of commercial amphibious vessels;
(3) An evaluation of whether aspects of the regulations established in section 11502 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (46 U.S.C. 3306 note) should apply to amphibious commercial vessels; and
(4) Recommendations on whether potential regulations that should apply to commercial amphibious vessels.
(c) Report.— Not later than 1 year after the date of the 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 the findings, conclusions, and recommendations from the study required under subsection (a).
(d) Definition of amphibious vessel.— In this section, the term “amphibious vessel” means a vessel 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) and is operating as a motor vehicle as defined in section 216 of the Clean Air Act (42 U.S.C. 7550) that is not a DUKW amphibious passenger vessel as defined in section 11502 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (46 U.S.C. 3306 note).
(a) Amendments.— 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) Performance-driven examination schedule.—
(1) In general.— With respect to examinations of foreign vessels to which this chapter applies, and subject to paragraph (3), the Secretary may adopt a performance-driven examination schedule to which such vessels are to be examined and the frequency with which such examinations occur, including the frequency of examinations for each vessel. Such schedule shall be consistent with the Secretary’s assessment of the safety performance of such vessels, including each vessel participating in the performance-driven examination schedule, in accordance with paragraph (2).
(2) Considerations.— In developing an examination schedule under paragraph (1) and subject to paragraph (3), with respect to each vessel in determining eligibility to participate in the performance based examination schedule—
(A) the Secretary shall consider—
(i) certificate of compliance and examination history, to include those conducted by foreign countries;
(ii) history of violations, vessel detentions, incidents, and casualties;
(iii) history of notices of violation issued by the Coast Guard;
(iv) safety related information provided by the flag state of the vessel;
(v) owner and operator history;
(vi) historical classification society data, which may include relevant surveys;
(vii) cargo-specific documentation;
(viii) data from port state control safety exams; and
(ix) relevant repair and maintenance history; and
(B) the Secretary may consider—
(i) data from relevant vessel quality assurance and risk assessment programs including Quality Shipping for the 21st Century (QUALSHIP 21);
(ii) data from industry inspection regimes;
(iii) data from vessel self assessments submitted to the International Maritime Organization or other maritime organizations; and
(iv) other safety relevant data or information as determined by the Secretary.
(3) Eligibility.— In developing an examination schedule under paragraph (1), the Secretary shall not consider a vessel eligible to take part in a performance-driven examination schedule under paragraph (1) if, within the last 36 months, the vessel has—
(A) been detained by the Coast Guard;
(B) a record of a violation issued by the Coast Guard against the owners or operators with a finding of proved; or
(C) suffered a marine casualty that, as determined by the Secretary, involves the safe operation of the vessel and overall performance of the vessel.
(4) Restrictions.— The Secretary may not adopt a performance-driven examination schedule under paragraph (1) until the Secretary has—
(A) conducted the assessment recommended in the Government Accountability Office report submitted under section 8254(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283);
(B) concluded through such assessment that a performance-driven examination schedule provides not less than the level of safety provided by the annual examinations required under subsection (a)(1); and
(C) provided the results of such assessment to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.”.
(b) Career incentive pay for marine inspectors.— Subsection (a) of section 11237 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263) is amended as follows:
“(a) Authority to provide assignment pay or special duty pay.— For the purposes of addressing an identified shortage of marine inspectors, the Secretary may provide assignment pay or special duty pay under section 352 of title 37, United States Code, to a member of the Coast Guard serving in a prevention position that—
(1) is assigned in support of or is serving as a marine inspector pursuant to section 312 of title 14, United States Code; and
(2) is assigned to a billet that is difficult to fill due to geographic location, requisite experience or certifications, or lack of sufficient candidates, as determined by the Commandant, in an effort to address inspector workforce gaps.”.
(c) Briefing.— Not later than 6 months after the date of enactment of this Act, and annually for 2 years after the implementation of a performance-driven examination schedule program under section 3714(c) of title 46, United States Code, the Commandant shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on—
(1) the status of utilizing the performance-driven examination schedule program, including the quantity of examinations conducted and duration between examinations for each individual vessel examined under the performance-driven examination schedule;
(2) an overview of the size of the Coast Guard marine inspector workforce, including any personnel shortages assessed by the Coast Guard, for inspectors that conduct inspections under section 3714 of such title; and
(3) recommendations for the inspection, governance, or oversight of vessels inspected under section 3714 of such title.
(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).”.
(a) In general.— Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation, acting through the United States Committee on the Marine Transportation System, and in coordination with the Commandant, shall—
(1) complete an analysis regarding commercial vessel traffic, at the time of the study, that transits through the Bering Strait and projections for the growth of such traffic over the next decade; and
(2) assess the adequacy of emergency response capabilities and infrastructure at the ports of the United States that are in proximity to the vessel traffic that transits the Bering Strait, including the port facilities at Point Spencer, Alaska, Nome, Alaska, and Kotzebue, Alaska, to—
(A) address future navigation safety risks; and
(B) conduct emergency maritime response operations in the Arctic environment.
(b) Elements.— The study under this section shall include the following:
(1) An analysis of the volume and types of commercial vessel traffic, including—
(A) oil and gas tankers, cargo vessels, barges, fishing vessels, and cruise lines, both domestic and international;
(B) projected growth of such traffic through the Bering Strait;
(C) the seasonality of vessel transits of the Bering Strait; and
(D) a summation of the sizes, ages, and the country of registration or documentation of such vessels transiting the Arctic, including oil and product tankers either documented in transit to or from Russia or China or 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 and its southern and northern approaches in the Chukchi Sea and the Bering Sea.
(3) A risk assessment of the projected growth in commercial vessel traffic in the Bering Strait and potential 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 vessel traffic in Western Alaska, including the Bering Strait.
(4) An evaluation of the extent to which Point Spencer can serve as a port of refuge and as a staging, logistics, and operations center from which to conduct and support maritime emergency and spill response activities.
(5) Recommendations for practical actions that can be taken by 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 identified in the study carried out under this section.
(c) Consultation.— In the preparation of the study under this section, the United States Committee on the Marine Transportation System shall consult with—
(1) the Maritime Administration;
(2) the Coast Guard;
(3) the Army Corps of Engineers;
(4) the Department of State;
(5) the National Transportation Safety Board;
(6) the Government of Canada, as appropriate;
(7) the Port Coordination Council for the Port of Point Spencer;
(8) State and local governments;
(9) other maritime industry participants, including carriers, shippers, ports, labor, fishing, or other entities; and
(10) nongovernmental entities with relevant expertise monitoring and characterizing vessel traffic or the environment in the Arctic.
(d) Tribal consultation.— In addition to the entities described in subsection (c), in preparing the study under this section, the Secretary of Transportation shall consult with Indian Tribes, including Alaska Native Corporations, and Alaska Native communities.
(e) Report.— Not later than 1 year after initiating the study under this section, the United States Committee on the Marine Transportation System shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Foreign Affairs of the House of Representatives a report on the findings and recommendations of the study.
(f) 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 Coast Guard Authorization Act of 2015 (Public Law 114–120).
Not later than 30 days after the date of enactment of this Act, the Commandant, or a designated individual, shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the underwater inspection in lieu of drydock program established under section 176.615 of title 46, Code of Federal Regulations (as in effect on the date of enactment of this Act).
Regarding Docket Number USCG–2022–0222, before adopting a final rule, the Commandant shall conduct an independent boat traffic study at mile 7.4 of the St. Lucie River.
(a) 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:
“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.
(3) United States citizen.— The term United States citizen has the meaning given the term eligible owners in section 12103.
(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.”.
(b) 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:
(c) Repeal.— Section 8343 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is repealed.
(d) Retroactive effective date.— The amendments made by subsections (a) and (b) of this section shall take effect as if enacted on February 1, 2024.
(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 for the subsequent 3 years, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the implementation of paragraphs (1) and (2).
(a) In general.— Section 9302(a)(1)(A) of title 46, United States Code, is amended by striking “in waters” and inserting “in the Straits of Mackinac and in all other waters”.
(b) Definition of the Straits of Mackinac.— Section 9302 of title 46, United States Code, is amended by adding at the end the following:
“(g) Definition of the Straits of Mackinac.— In this section, the term “Straits of Mackinac” includes all of the United States navigable waters bounded by longitudes 84 degrees 20 minutes west and 85 degrees 10 minutes west and latitudes 45 degrees 39 minutes north and 45 degrees 54 minutes north, including Gray’s Reef Passage, the South Channel, and Round Island Passage, and approaches thereto.”.
Section 80301(c) of title 46, United States Code, is amended by striking the period at the end and inserting “and shall remain available until expended for the purpose of the Coast Guard international ice patrol program under this chapter.”.
(a) Exceptions to regulations for towing vessels.—
(1) In general.— The Secretary of the department in which the Coast Guard is operating, acting through the relevant Officer in Charge, Marine Inspection, may grant temporary waivers from the towing vessel requirements of chapters 33 and 89 of title 46, United States Code, including the regulations issued under such chapters, for fishing vessels and fish tender vessels.
(2) Application.— A temporary waiver issued under paragraph (1) shall be issued at the discretion of the relevant Officer in Charge, Marine Inspection, to a fishing vessel or fish tender vessel that—
(A) performs towing operations of net pens, and associated work platforms, to or from aquaculture or hatchery worksites;
(B) is less than 200 gross tons;
(C) does not tow a net pen, or associated work platform, that is carrying cargo or hazardous material, including oil, on board;
(D) is operating shoreward of the Boundary Line in either—
(i) Southeast Alaska; or
(ii) Prince William Sound; and
(E) complies with all applicable laws for its use in the usual purpose for which it is normally and substantially operated, including any applicable inspection requirements under section 3301 of title 46, United States Code, and exemptions under section 3302 of such title.
(3) Implementation.—
(A) Request process.— The owner or operator of a fishing vessel or fish tender vessel seeking a waiver under paragraph (1) shall submit a request to the relevant Officer in Charge, Marine Inspection.
(B) Contents.— The request submitted under subparagraph (A) shall include—
(i) a description of the intended towing operations;
(ii) the time periods and frequency of the intended towing operations;
(iii) the location of the intended operations;
(iv) a description of the manning of the fishing vessel or fish tender vessel during the intended operations; and
(v) any additional safety, operational, or other relevant information requested by the relevant Officer in Charge, Marine Inspection.
(4) Policy.— The Secretary of the department in which the Coast Guard is operating may issue policy to facilitate the implementation of this subsection.
(5) Definitions.— In this subsection:
(A) Boundary line.— The term “Boundary Line” has the meaning given such term in section 103 of title 46, United States Code.
(B) Fishing vessel.— The term “fishing vessel” has the meaning given such term in section 2101 of title 46, United States Code.
(C) Fish tender vessel.— The term “fish tender vessel” has the meaning given such term in section 2101 of title 46, United States Code.
(D) Officer in Charge, Marine Inspection.— The term “Officer in Charge, Marine Inspection” has the meaning given such term in section 3305 of title 46, United States Code.
(E) Prince William Sound.— The term “Prince William Sound” means all State and Federal waters within Prince William Sound, Alaska, including the approach to Hinchenbrook Entrance out to, and encompassing, Seal Rocks.
(F) Southeast Alaska.— The term “Southeast Alaska” means the area along the coast of the State of Alaska from latitude 5440’00” N to 6018’24” N.
(6) Sunset.— The authorities under this section shall expire on January 1, 2027.
(b) Load lines.— Section 11325(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 4095) is amended by striking “3” and inserting “5”.
(a) In general.— 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.—
(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 15 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 uncrewed 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:
(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).
(a) Limitation.— Notwithstanding any other provision of law, for the period beginning on the date of enactment of this Act and ending on the date that is 2 years after such date of enactment, small uncrewed maritime systems owned, operated, or chartered by the National Oceanic and Atmospheric Administration, or that are performing specified oceanographic surveys on behalf of and pursuant to a contract or other written agreement with the National Oceanic and Atmospheric Administration, shall not be subject to any vessel inspection, design, operations, navigation, credentialing, or training requirement, law, or regulation, that the Assistant Administrator of the Office of Marine and Aviation Operations of the National Oceanic and Atmospheric Administration determines will harm real-time operational extreme weather oceanographic and atmospheric data collection and predictions.
(b) Other authority.— Nothing in this section shall limit the authority of the Secretary of the department in which the Coast Guard is operating, acting through the Commandant, if there is an immediate safety or security concern regarding small uncrewed maritime systems.
(a) In general.— For the period beginning on the date of enactment of this Act and ending on the date that is 3 years after such date of enactment, the Commandant, or such other individual or organization as the Commandant considers appropriate, shall develop a training course on small uncrewed maritime systems and offer such training course at least once each year for Coast Guard personnel working with or regulating small uncrewed maritime systems.
(b) Course subject matter.— The training course developed under subsection (a) shall—
(1) provide an overview and introduction to small uncrewed maritime systems, including examples of those used by the Federal Government, in academic settings, and in commercial sectors;
(2) address the benefits and disadvantages of use of small uncrewed maritime systems;
(3) address safe navigation of small uncrewed maritime systems, including measures to ensure collision avoidance;
(4) address the ability of small uncrewed maritime systems to communicate with and alert other vessels in the vicinity;
(5) address the ability of small uncrewed maritime systems to respond to system alarms and failures to ensure control commensurate with the risk posed by the systems;
(6) provide present and future capabilities of small uncrewed maritime systems; and
(7) provide an overview of the role of the International Maritime Organization in the governance of small uncrewed maritime systems.
Not later than 30 days after the date of enactment of this Act, the Commandant, with the concurrence of the Assistant Administrator of the Office of Marine and Aviation Operations of the National Oceanic and Atmospheric Administration, shall establish the permanent membership of a National Oceanic and Atmospheric Administration employee to the Automated and Autonomous Vessel Policy Council of the Coast Guard.
Section 319(b)(1) of title 14, United States Code, is amended by striking “2 or more existing Coast Guard small boats deployed at operational units” and inserting “2 or more Coast Guard small boats deployed at operational units and 2 or more existing Coast Guard small boats”.
(a) In general.—
(1) 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 report that outlines a plan for establishing an uncrewed systems capabilities office within the Coast Guard responsible for the acquisition and development of uncrewed system and counter-uncrewed system technologies and to expand the capabilities of the Coast Guard with respect to such technologies.
(2) Contents.— The report required under paragraph (1) shall include the following:
(A) A management strategy for the acquisition, development, and deployment of uncrewed system and counter-uncrewed system technologies.
(B) A service-wide coordination strategy to synchronize and integrate efforts across the Coast Guard in order to—
(i) support the primary duties of the Coast Guard pursuant to section 102 of title 14, United States Code; and
(ii) pursue expanded research, development, testing, and evaluation opportunities and funding to expand and accelerate identification and transition of uncrewed system and counter-uncrewed system technologies.
(C) The identification of contracting and acquisition authorities needed to expedite the development and deployment of uncrewed system and counter-uncrewed system technologies.
(D) A detailed list of commercially available uncrewed system and counter-uncrewed system technologies with capabilities determined to be useful for the Coast Guard.
(E) A cross-agency collaboration plan to engage with the Department of Defense and other relevant agencies to identify common requirements and opportunities to partner in acquiring, contracting, and sustaining uncrewed system and counter-uncrewed system capabilities.
(F) Opportunities to obtain and share uncrewed system data from government and commercial sources to improve maritime domain awareness.
(G) The development of a concept of operations for a data system that supports and integrates uncrewed system and counter-uncrewed 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.
(b) Briefings.— Not later than 1 year after the date of enactment of this Act, and annually thereafter for a period of 3 years, the Commandant, in coordination with the Administrator of the National Oceanic and Atmospheric Administration, the Executive Director of the Office of Naval Research, the Director of the National Science Foundation, and the Director of the White House Office of Science and Technology Policy, shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, on the future operation and governance of small uncrewed maritime systems.
In this subtitle:
(1) Counter-uncrewed system.— The term counter-uncrewed system means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of an uncrewed system, including a counter-UAS system (as such term is defined in section 44801 of title 49, United States Code).
(2) Small uncrewed maritime systems.— The term “small uncrewed maritime systems” means unmanned maritime systems (as defined in section 2 of the CENOTE Act of 2018 (33 U.S.C. 4101)), that—
(A) are not greater than 35 feet overall in length;
(B) are operated remotely or autonomously; and
(C) exclusively perform oceanographic surveys or scientific research.
(3) Uncrewed system.— The term uncrewed system means an uncrewed surface, undersea, or aircraft and associated elements (including communication links and the components that control the uncrewed 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).
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” and inserting “An”;
(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;”;
(3) in paragraph (2) by inserting “on board a covered vessel” before the semicolon; and
(4) in paragraph (3) by inserting “while on board a covered vessel” after “such individual”.
(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:
“904. Information on type approval certificates.— Unless otherwise prohibited by law, the Commandant of the Coast Guard shall, upon request by any State, the District of Columbia, any Indian Tribe, or any territory of the United States, provide all data possessed by the Coast Guard 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, as in effect on the date of enactment of the Coast Guard Authorization Act of 2025 pertaining to—
(1) challenge water (as defined in section 162.060–3 of title 46, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2025) quality characteristics;
(2) post-treatment water quality characteristics;
(3) challenge water (as defined in section 162.060–3 of title 46, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2025) biologic organism concentrations data; and
(4) post-treatment water biologic organism concentrations data.”.
(b) Clerical amendment.— The table of contents for the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by inserting after the item relating to section 903 the following:
(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) NEPA compliance.— Section 5 of the Deepwater Port Act of 1974 (33 U.S.C. 1504) is amended by striking subsection (f) and inserting the following:
“(f) NEPA compliance.—
(1) Definition of lead agency.— In this subsection, the term “lead agency” has the meaning given the term in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e).
(2) Lead agency.—
(A) In general.— For all applications, the Maritime Administration shall be the Federal lead agency for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) Effect of compliance.— Compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in accordance with subparagraph (A) shall fulfill the requirement of the Federal lead agency in carrying out the responsibilities under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) pursuant to this Act.”.
(c) Regulations.—
(1) In general.— Not later than 18 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 of Transportation 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.) or any other law.
(e) Applications.— Nothing in this section, or the amendments made by this section, shall apply to any application submitted before the date of enactment of this Act.
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.”.
(a) Maintenance of supplies that prevent sexually transmitted diseases.— Section 3507(d)(1) of title 46, United States Code, is amended by inserting “(taking into consideration the length of the voyage and the number of passengers and crewmembers that the vessel can accommodate)” after “a sexual assault”.
(b) Crew access to passenger staterooms; procedures and restrictions.— Section 3507 of title 46, United States Code, is amended—
(1) in subsection (f)—
(A) in paragraph (1)—
(i) in subparagraph (A) by striking “and” at the end; and
(ii) by inserting after subparagraph (B) the following:
“(C) a system that electronically records the date, time, and identity of each crew member accessing each passenger stateroom; and”; and
(B) by striking paragraph (2) and inserting the following:
“(2) ensure that the procedures and restrictions are—
(A) fully and properly implemented;
(B) reviewed annually; and
(C) updated as necessary.”.
Section 70103(c) of title 46, United States Code, is amended by adding at the end the following:
“(9) The Secretary may conduct no-notice exercises in Captain of the Port Zones (as described in part 3 of title 33, Code of Federal Regulations as in effect on the date of enactment of the Coast Guard Authorization Act of 2025) involving a facility or vessel required to maintain a security plan under this subsection.”.
Section 11304(a)(2)(A)(i) of the Don Young Coast Guard Reauthorization Act of 2022 (division K of Public Law 117–263; 16 U.S.C. 1390 note) is amended by striking “4 years” and inserting “6 years”.
Section 11320 of the Don Young Coast Guard Authorization Act of 2022 (Public Law 117–263; 136 Stat. 4092) is amended by striking “during the period” and all that follows through the period at the end and inserting “until December 31, 2029.”.
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.”.
(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:
(3) by adding at the end the following:
In this subchapter:
“(1) Abandon.— The term abandon means to moor, strand, wreck, sink, or leave a covered vessel unattended for longer than 45 days.
(2) Covered vessel.— The term covered vessel means a vessel that is not a barge to which subchapter I applies.
(3) Indian Tribe.— The term Indian Tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Native Hawaiian organization.— The term “Native Hawaiian organization” has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs.
(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).
(3) Limitation.— The Commandant shall not assess a penalty if the Commandant determines the vessel was abandoned due to major extenuating circumstances of the owner or operator of the vessel, including long term medical incapacitation of the owner or operator.
(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.
(a) In general.— Not later than 1 year after the date of enactment of the Coast Guard Authorization Act of 2025, 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, Native Hawaiian organization, or person may report a covered vessel that may be abandoned to the Commandant for potential inclusion in the inventory established under subsection (a);
(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.
(e) Clarification.— Except in a response action carried out under section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321) or in the case of imminent threat to life and safety, the Commandant shall not be responsible for removing any covered vessels listed on the inventory established and maintained under subsection (a).”.
(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:
(2) by adding at the end the following: