Sec. 3514. CODIFICATION OF EXISTING LANGUAGE; TECHNICAL AMENDMENTS

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## SEC. 3514 CODIFICATION OF EXISTING LANGUAGE; TECHNICAL AMENDMENTS ###

(a)Port Infrastructure Development Program ####

(1)Strategic seaports #####

(A)In general Section 3505(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 46 U.S.C. 50302 note) is— ######

(i)transferred to appear after section 54301(a)(6)(B) of title 46, United States Code; ######

(ii)redesignated as subparagraph (C); and ######

(iii)**[**[46 U.S.C. 54301](/us/usc/t46/s54301)**]** amended by striking “Under the port infrastructure development grant program established under section 50302(c) of title 46, United States Code” and inserting “In selecting projects described in paragraph (3)”. #####

(B)Strategic seaport defined **[**[46 U.S.C. 50302 note](/us/usc/t46/s50302)**]** Section 3505(a)(2) of such Act is transferred to appear after section 54301(a)(12)(D) of title 46, United States Code, and redesignated as subparagraph (E). #####

(C)Repeal Section 3505(a) of such Act is repealed. ####

(2)Determination of effectiveness Section 54301(b)(5)(B) of title 46, United States Code, is amended by striking “subsection (c)(6)(A)” and inserting “subsection (a)(6)(A)”. ###

(b)Transfer of Improvements to Process for Waiving Navigation and Inspection Laws Section 3502(b) of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 is— ####

(1)**[**[46 U.S.C. 56101 note](/us/usc/t46/s56101)**]** amended— #####

(A)by striking “For fiscal year 2020 and each subsequent fiscal year, the” and inserting “The”; and #####

(B)by striking “section 56101 of title 46, United States Code,” and inserting “this section”; ####

(2)**[**[46 U.S.C. 56101 note](/us/usc/t46/s56101)**]** transferred to appear after section 56101(e) of title 46, United States Code; and ####

(3)redesignated as subsection (f). ###

(c)Chapter Analysis The analysis for chapter 503 of title 46, United States Code, is amended in the item relating to section 50308 by striking “Port development; maritime transportation system emergency relief program” and inserting “Maritime transportation system emergency relief program”. ###

(d)Vessel Operations Revolving Fund Section 50301(b) of title 46, United States Code, is amended by striking “(50 App. 137 STAT. 811 U.S.C. 1291(a), (c), 1293(c), 1294)”and inserting “(50 U.S.C. 4701(a), (c), 4703(c), 4704)”. ###

(e)Maritime Transportation System Emergency Relief Program Section 50308 of title 46, United States Code, is amended— ####

(1)in subsection (a)(2)(B), by striking “Federal Emergency Management Administration” and inserting “Federal Emergency Management Agency”; and ####

(2)in subsection (j)(4)(A), by striking “Federal Emergency Management Administration” and inserting “Federal Emergency Management Agency”. ###

(f)Marine Highways The analysis for subtitle V of title 46, United States Code, is amended in the item relating to chapter 556 by striking “SHORT SEA TRANSPORTATION” and inserting “MARINE HIGHWAYS”. ###

(g)Chapter 537 The analysis for chapter 537 of title 46, United States Code, is amended by striking the item relating to section 53703 and inserting the following:" “53703. Application and administration.” ". ###

(h)Chapter 541 The analysis for chapter 541 of title 46, United States Code, is amended to read as follows:" “Chapter 541—MISCELLANEOUS “54101. Assistance for small shipyards.” ". ###

(i)Techical Amendment **[**[33 U.S.C. 1958](/us/usc/t33/s1958)**]** Section 11328(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263) is amended by striking “Maritime” and inserting “Marine”. ###

(j)National Defense Reserve Fleet Obsolete Vessel ####

(1)Definition of obsolete vessels Chapter 571 of title 46, United States Code, is amended— #####

(A)by redesignating section 57111 as section 57110; and #####

(B)by adding at the end the following: > > ## “SEC. 57111 Definition of obsolete vessel > > **[**[46 U.S.C. 57111](/us/usc/t46/s57111)**]** > > “In this chapter, the term ‘obsolete vessel’ means a vessel that— > > > #### “(1) > > is or will be in the custody and control of the Maritime Administration for purposes of disposing of the vessel; and > > > #### “(2) > > has been determined by the Secretary of Transportation to be of insufficient value, with respect to the programs of the Maritime Administration, to warrant— > > > ##### “(A) > > preserving for future use or spare parts harvesting; or > > > ##### “(B) > > retaining in the National Defense Reserve Fleet.” > . ####

(2)National defense reserve fleet vessel status Section 57100(g) of title 46, United States Code, is amended by striking “of insufficient value to remain in the National Defense Reserve Fleet” and inserting “an obsolete vessel”. ####

(3)Placement of vessels in national defense reserve fleet Section 57101(b) of title 46, United States Code, is amended by inserting “, or section 308704 of title 54” before the period at the end. ####

(4)Disposition of vessels Section 57102 of title 46, United States Code, is amended— #####

(A)in the heading, by striking “not worth preserving”; #####

(B)in subsection (a), by striking “owned by the Maritime Administration” and all that follows through the period at the end and inserting “is an obsolete vessel, the Secretary may dispose of such vessel (by sale or by purchase of disposal services).”; and #####

(C)in subsection (b), by striking “on the basis of competitive sealed bids, after an appraisal and due advertisement” and inserting “on a best value basis”. ####

(5)Donation of vessels in the national defense reserve fleet Section 57103 of title 46, United States Code, is amended— #####

(A)in the heading, by striking “nonretention”; and #####

(B)in subsection (a), by striking “of insufficient value to warrant its further preservation”. ####

(6)Technical and conforming amendments The analysis for chapter 571 of title 46, United States Code, is amended— #####

(A)by striking the item relating to section 57102 and inserting the following:" “Disposition of vessels.” "; #####

(B)by striking the item relating to section 57103 and inserting the following:" “Donation of vessels in the National Defense Reserve Fleet.” "; #####

(C)by redesignating the item relating to section 57111 as the item relating to section 57110; and #####

(D)by adding at the end the following:" “57111. Definition of obsolete vessel.” ". ###

(k)Deepwater Ports ####

(1)Declaration of policy Section 2 of the Deepwater Port Act of 1974 (33 U.S.C. 1501) is amended— #####

(A)in subsection (a)— ######

(i)in the matter preceding paragraph (1), by striking “

(a)It ” and all that follows through “ to— ” and inserting the following: > > ### “(a) Purposes > > The purposes of this Act are—” > ; ######

(ii)in each of paragraphs

(1)through (6)— ######

(I)by inserting “to” after the paragraph designation; and ######

(II)by indenting the paragraphs appropriately; ######

(iii)in paragraph (2), by striking “such ports” and inserting “deepwater ports”; ######

(iv)in paragraph (5)— ######

(I)by striking “continental shelf” and inserting “Continental Shelf”; and ######

(II)by striking “attendant thereto” and inserting “associated with that traffic”; and ######

(v)in paragraph (6), by striking “continental shelf” each place it appears and inserting “Continental Shelf”; and #####

(B)in subsection (b), by striking the subsection designation and all that follows through “ to affect ” and inserting the following: > > ### “(b) Effect of Act > > Nothing in this Act affects” > . ####

(2)Definitions Section 3 of the Deepwater Port Act of 1974 (33 U.S.C. 1502) is amended— #####

(A)by striking the section designation and heading and all that follows through “ the term— ” in the matter preceding paragraph

(1)and inserting the following: > > ## “SEC. 3 DEFINITIONS > > “In this Act:” > ; #####

(B)in each of paragraphs

(1)through (17)— ######

(i)by inserting “The term” after the paragraph designation; ######

(ii)by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; and ######

(iii)by striking the semicolon at the end of the paragraph and inserting a period; #####

(C)in paragraph (2), by striking “section 5(c)(2)(A) or (B)” and inserting “subparagraph

(A)or

(B)of section 5(c)(2)”; #####

(D)in each of paragraphs

(18)and (19)— ######

(i)by inserting “The term” after the paragraph designation; and ######

(ii)by inserting a paragraph heading, the text of which comprises the term defined in that paragraph; and #####

(E)in paragraph (18), by striking “; and” at the end and inserting a period. ####

(3)Licenses for ownership, construction, and operation of deepwater ports Section 4 of the Deepwater Port Act of 1974 (33 U.S.C. 1503) is amended— #####

(A)in subsection (c)— ######

(i)in each of paragraphs

(1)through (7), by striking “he” after the paragraph designation and inserting “the Secretary”; ######

(ii)in paragraph (1), by adding a semicolon at the end; and ######

(iii)in paragraph (8)— ######

(I)by striking “the adjacent” and inserting “each adjacent”; ######

(II)by striking “of States, pursuant to section 9 of this Act,”; ######

(III)by inserting “the” before “issuance”; and ######

(IV)by inserting “pursuant to section 9(b)(1), if applicable” before “; and”; #####

(B)in subsection (e)— ######

(i)in paragraph (1), in the second sentence— ######

(I)by striking “requirements of this title” and inserting “requirements of this Act”; ######

(II)by striking “section 10(a) of this title” and inserting “section 10(a)”; and ######

(III)by striking the semicolon and inserting a comma; ######

(ii)in paragraph (2)(B), by striking “he will comply” and inserting “the licensee or transferee will comply”; and ######

(iii)in paragraph (3)— ######

(I)in the first sentence, by striking “he deems necessary to assure” and inserting “the Secretary determines to be necessary to ensure”; ######

(II)in the second sentence, by striking “he finds” and inserting “the Secretary finds”; and ######

(III)in the third sentence— ######

(aa)by striking “he determines” and inserting “the Secretary determines”; ######

(bb)by striking “(67 Stat. 462)”and inserting “(43 U.S.C. 1331 et seq.)”; and ######

(cc)by striking “terms” and all that follows through the period at the end and inserting “terms of that Act.”; and #####

(C)in subsection (f), by striking “this title” and inserting “this Act”. ####

(4)Procedure Section 5 of the Deepwater Port Act of 1974 (33 U.S.C. 1504) is amended— #####

(A)in subsection (c)— ######

(i)by striking the subsection designation and all that follows through the end of paragraph

(1)and inserting the following: > > ### “(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).” > ; and ######

(ii)in paragraph (2)— ######

(I)by striking “of this paragraph” each place it appears; ######

(II)by striking the paragraph designation and all that follows through “ to— ” in the matter preceding subparagraph

(A)and inserting the following: > > #### “(2) Inclusions > > Each application shall include such financial, technical, and other information as the Secretary determines to be necessary or appropriate, including—” > ; and ######

(III)by indenting subparagraphs

(A)through

(M)appropriately; #####

(B)in subsection (g), in the last sentence, by striking “section 5(c) of this Act” and inserting “subsection (c)”; #####

(C)in subsection (h)— ######

(i)by striking “ (h)(1) Each ” and inserting the following: > > ### “(h) Fees > > > #### “(1) Requirement > > > ##### “(A) In general > > Each” > ; ######

(ii)in subparagraph

(A)of paragraph

(1)(as so designated), in the second sentence, by striking “ In addition ” and inserting the following: > > ##### “(B) Reimbursement > > In addition to a fee under subparagraph (A)” > ; and ######

(iii)in paragraph (2)— ######

(I)by striking the last sentence; ######

(II)by striking “

(2)Notwithstanding ” and inserting the following: > > #### “(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” > ; and ######

(III)in subparagraph

(B)(as so designated)— ######

(aa)in the fourth sentence, by striking “ Such fees ” and inserting the following: > > ##### “(E) Approval > > A fee established under this paragraph” > ; ######

(bb)in the third sentence— ######

(AA)by striking “such” each place it appears and inserting “the applicable”; and ######

(BB)by striking “ Fees under ” and inserting the following: > > ##### “(D) Amount > > The amount of a fee established under” > ; and ######

(cc)in the second sentence— ######

(AA)by striking “such” each place it appears and inserting “the applicable”; and ######

(BB)by striking “ Fees may be fixed under authority of this paragraph ” and inserting the following: > > ##### “(C) Treatment > > A fee may be established pursuant to this paragraph” > ; and ######

(iv)in paragraph (3)— ######

(I)by striking “Outer” and inserting “outer”; and ######

(II)by striking “

(3)A licensee ” and inserting the following: > > #### “(3) Rental payment > > A licensee” > ; #####

(D)in subsection (i)— ######

(i)in paragraph (2)— ######

(I)in subparagraph (A)— ######

(aa)by inserting “First,” after the subparagraph designation; and ######

(bb)by striking the semicolon at the end and inserting a period; ######

(II)in subparagraph (B)— ######

(aa)by inserting “Second,” after the subparagraph designation; and ######

(bb)by striking the semicolon at the end and inserting a period; and ######

(III)in subparagraph (C), by inserting “Third,” after the subparagraph designation; ######

(ii)in paragraph (3)— ######

(I)in subparagraph (C), by striking “

(C)any ” and inserting the following: > > ##### “(D) > > Any” > ; ######

(II)in subparagraph (B)— ######

(aa)by striking “; and” at the end and inserting a period; and ######

(bb)by striking “

(B)any ” and inserting the following: > > ##### “(C) > > Any” > ; ######

(III)in subparagraph (A)— ######

(aa)by striking “section 6 of this Act;” and inserting “section 6.”; and ######

(bb)by striking “

(A)the degree ” and inserting the following: > > ##### “(A) > > The degree” > ; and ######

(IV)by inserting after subparagraph

(A)the following: > > ##### “(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.” > ; and ######

(iii)in paragraph (4)— ######

(I)by striking the second sentence and inserting the following: > > ##### “(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.” > ; and ######

(II)in the matter preceding subparagraph

(B)(as so added), by striking “

(4)The Secretary ” and inserting the following: > > #### “(4) Applications for deepwater ports for natural gas > > > ##### “(A) Deadline for determination > > The Secretary” > ; #####

(E)in subsection (j)(1), by striking “of Transportation”; and #####

(F)by adding at the end the following: > > ### “(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.” > . ####

(5)Review criteria Section 6 of the Deepwater Port Act of 1974 (33 U.S.C. 1505) is amended— #####

(A)in subsection (a), by striking “

(a)The Secretary ” and inserting the following: > > ### “(a) Establishment > > The Secretary” > ; #####

(B)in subsection (b)— ######

(i)by striking “of this section”; and ######

(ii)by striking “

(b)The Secretary ” and inserting the following: > > ### “(b) Review and Revision > > The Secretary” > ; and #####

(C)in subsection (c)— ######

(i)by striking “concurrently with the regulations in section 5(a) of this Act and in accordance with the provisions of that subsection” and inserting “concurrently with the regulations promulgated pursuant to section 5(a) and in accordance with that section”; and ######

(ii)by striking “

(c)Criteria ” and inserting the following: > > ### “(c) Requirement > > The criteria” > . ####

(6)Adjacent coastal states Section 9 of the Deepwater Port Act of 1974 (33 U.S.C. 1508) is amended— #####

(A)by striking subsection

(a)and inserting the following: > > ### “(a) Designation > > In issuing a notice relating to an application for a deepwater port under section 5(c)(1)(B)(ii)(I), the Secretary shall designate as an adjacent coastal State, with respect to the deepwater port, any coastal State that would be— > > > #### “(1) > > directly connected by pipeline to that deepwater port; or > > > #### “(2) > > located within 15 miles of that deepwater port.” > ; and #####

(B)in subsection (b)— ######

(i)by striking “ (b)(1) Not later than 10 days after the designation of adjacent coastal States pursuant to this Act ” and inserting the following: > > ### “(b) Input From Adjacent Coastal States and Other Interested States > > > #### “(1) Submission of applications to governors for approval > > > ##### “(A) In general > > Not later than 10 days after the date on which the Secretary designates adjacent coastal States under subsection

(a)with respect to a deepwater port proposed in an application” > ; ######

(ii)in paragraph (1)(A) (as so designated)— ######

(I)in the fourth sentence, by striking “ If the Governor ” and inserting the following: > > ##### “(D) Inconsistency with certain state programs > > If the Governor of an adjacent coastal State” > ; ######

(II)in the third sentence, by striking “ If the Governor fails to transmit his ” and inserting the following: > > ##### “(C) Presumed approval > > If the Governor of an adjacent coastal State fails to transmit a required” > ; and ######

(III)in the second sentence, by striking “ The Secretary ” and inserting the following: > > ##### “(B) Prohibition > > The Secretary” > ; and ######

(iii)in paragraph (2)— ######

(I)by striking “

(2)Any other interested State ” and inserting the following: > > #### “(2) Other interested states > > Any other State with an interest relating to a deepwater port proposed in an application” > ; and ######

(II)by striking “a deepwater port” and inserting “the deepwater port”. ## Subtitle C Reports

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