Sec. 432. Rulemaking committee on commercial maritime regulations and standards
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In this section: The term covered regulation — means a commercial regulation or standard issued by the Coast Guard relating to the operation of vessels in foreign commerce, including— vessel design and engineering standards; merchant mariner training and credentialing; or vessel operating and environmental standards; and does not include any commercial regulation or standard issued by the Coast Guard that exclusively applies to vessels in domestic commerce. The term rulemaking committee means the committee established under subsection (b).
The term Secretary means the Secretary of the department in which the Coast Guard is operating. There is established, in the department in which the Coast Guard is operating, a rulemaking committee on commercial maritime regulations and standards to— review, and develop findings and recommendations regarding, the covered regulations; and provide to the Secretary a report on opportunities to review and update regulations governing vessel design and engineering, vessel and facility operation and environmental standards, and merchant mariner credentialing, in order to— revitalize the merchant marine and the commercial maritime industry in the United States; and better align, and limit redundancies between, the regulatory standards of the Coast Guard and the International Maritime Organization and international treaty requirements, while protecting United States mariners and the United States maritime industry from foreign regulations that undermine the maritime industrial competitiveness of the United States.
The Secretary shall appoint the following as members of the rulemaking committee: Each of the following Federal officers or employees, or their designees: The Maritime Security Advisor. The Maritime Administrator. The Commandant of the Coast Guard. The Secretary of Commerce. The Administrator of the Environmental Protection Agency. The Chair of the Federal Maritime Commission. The chief United States delegate to the International Maritime Organization. Representatives from recognized classification societies, including the American Bureau of Shipping.
Representatives of industry, including— owners and operators of vessels in domestic and foreign commerce of the United States; shipbuilders; and other representatives of industry the Secretary determines appropriate. Individuals with a merchant mariner credential, as defined in section 2101 of title 46, United States Code. Representatives of maritime labor organizations. Experts in maritime safety and regulatory matters. Other stakeholders the Secretary determines appropriate.
A member of the rulemaking committee shall be appointed for the life of the rulemaking committee. A vacancy in the rulemaking committee— shall not affect the powers of the rulemaking committee; and shall be filled in the same manner as the original appointment. The Secretary shall select a Chairperson and Vice Chairperson from among the members of the rulemaking committee. Not later than 180 days after the date of enactment of this Act, the Secretary shall convene the rulemaking committee for the first meeting of the rulemaking committee.
A majority of the members of the rulemaking committee shall constitute a quorum, but a lesser number of members may hold hearings. The rulemaking committee shall consider each of the following: How the covered regulations interact with and compare to the treaty requirements and regulations established by the International Maritime Organization, including comparisons and interactions on the basis of— safety; cost; enforceability and compliance; and international competitiveness.
The benefits and challenges vessel owners and operators and United States mariners encounter when complying with both regulations of the International Maritime Organization and the covered regulations. The role that covered regulations play in enhancing the size and strength of the merchant marine and the domestic and international fleet of the United States. Recommended changes to covered regulations, and regulatory frameworks, to better promote alignment with international standards and the standards of countries that are allies and partners, with a focus on— increasing opportunities for qualified mariners that enter the merchant marine and reducing the barriers that lead qualified mariners to leave the merchant marine; increasing the number of vessels documented under the laws of the United States that are operating in domestic and foreign commerce; enhancing United States leadership within the International Maritime Organization and other international treaty organizations with a focus on the maritime industry; streamlining regulatory processes and processing timelines to minimize duplicative reviews and eliminate preventable delays; and maintaining and enhancing the safety and security of the merchant marine.
Recommended changes to covered regulations and regulatory frameworks that govern mariner education training requirements, which may include— expanding the pool of qualified instructors for mariner training programs; streamlining requirements related to training facility size and design to improve operational efficiencies at mariner training facilities, including requirements related to classroom size and design; standardizing and streamlining training course and curriculum approval and evaluation to provide more certainty to mariner training programs; and enhancing opportunities for mariner training programs to flexibly integrate sea-time into course instruction, consistent with treaty requirements and regulations established by the International Maritime Organization.
Any other matters the Secretary determines appropriate. Not later than 12 months after the date of enactment of this Act, the rulemaking committee shall submit to the Secretary a report that includes the findings and recommended changes to covered regulations of the rulemaking committee, as required under paragraph (1). The rulemaking committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the rulemaking committee considers advisable to carry out this section.
The rulemaking committee may secure directly from a Federal department or agency such information as the rulemaking committee considers necessary to carry out this section, as permitted by law. On request of the Chairperson of the rulemaking committee, the head of the department or agency shall furnish the information to the rulemaking committee. A member of the rulemaking committee shall not be compensated for service on the rulemaking committee. A member of the rulemaking committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the rulemaking committee.
Except as specified otherwise in this section, the rulemaking committee shall be treated as a committee established under chapter 151 of title 46, United States Code, for purposes of section 15109 of such title and shall not be considered a temporary organization under section 3161 of title 5, United States Code. The rulemaking committee shall terminate on the earlier of— the date that is 90 days after the date on which the rulemaking committee submits the report under subsection (e)(2); or the date that is 7 years after the date on which the rulemaking committee is established.
The Secretary shall— not later than 30 days after receiving the rulemaking committee’s report under subsection (e)(2), submit to the appropriate committees of Congress, and make publicly available, a copy of such report and the Secretary’s views on the recommendations of the committee; and not later than 90 days after submitting the report under paragraph (1)— initiate a rulemaking activity and make such policy and guidance updates determined necessary by the Secretary to address the consensus recommendations reached by the rulemaking committee under subsection (e); submit a report to the appropriate committees of Congress identifying the recommendations of the rulemaking committee that require legislative changes; and submit a report to the Secretary of State identifying recommendations of the rulemaking committee that require changes to treaty requirements and regulations established by the International Maritime Organization, including recommendations that should inform the policy of the United States as a member of the International Maritime Organization.