Sec. 8313. NON-OPERATING INDIVIDUAL
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## SEC. 8313 NON-OPERATING INDIVIDUAL ###
(a)In General **[**[46 U.S.C. 8701 note](/us/usc/t46/s8701)**]** 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, 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.
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Sec. 8313
NON-OPERATING INDIVIDUAL
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