Pub. L. 119-60, div. G, tit. LXXIII, subtit. A, sec. 7301 (as amended)

MERCHANT MARINER CREDENTIALING.

Year: 2025Length: 3,179 wordsOfficial source
SEC. 7301. MERCHANT MARINER CREDENTIALING. (a) Definitions.—Section 2101 of title 46, United States Code, is amended— (1) 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; (2) by inserting after paragraph (19) the following: “(20) ‘merchant mariner credential’ means a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to this title.” ; and (3) 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.” . (b) Noncitizenship Nationality.— (1) Citizenship or noncitizen nationality.—Section 7102 of title 46, United States Code, is amended— (A) in the section heading by inserting “or noncitizen nationality” after “Citizenship”; and (B) by inserting “or noncitizen nationals (as such term is described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408))” after “citizens”. (2) Conforming amendments.— (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) Citizenship and navy reserve requirements.—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)— (I) in paragraph (1)(A) by inserting “or noncitizen national” after “citizen”; and (II) in paragraph (2)— (aa) by striking “Not more than” and inserting the following: “(A) Not more than” ; and (bb) by adding at the end the following: “(B) Notwithstanding subparagraph (A), for the period beginning on the date of enactment of the Coast Guard Authorization Act of 2025 and ending on December 31, 2065, not more than 50 percent of the unlicensed seamen on a vessel described in paragraph (1) may be aliens referred to in subparagraph (B) or (C) of such paragraph.” ; 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).” . (C) 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”. (D) Invalidation of certificates of documentation.—Section 12135(2) of title 46, United States Code, is amended by inserting “or noncitizen national (as such 139 STAT. 1753 term is described in section 308 of the Immigration and Nationality Act (8 U.S.C. 1408))” after “citizen”. (3) Clerical amendments.— (A) In general.—The analysis for chapter 71 of title 46, United States Code, is amended by striking the item relating to section 7102 and inserting the following: “7102. Citizenship or noncitizen nationality.” . (B) Section 7304.—The analysis for chapter 73 of title 46, United States Code, is amended by striking the item relating to section 7304 and inserting the following: “7304. Citizenship or noncitizen nationality notation on merchant mariners’ documents.” . (C) Section 8103.—The analysis for chapter 81 of title 46, United States Code, is amended by striking the item relating to section 8103 and inserting the following: “8103. Citizenship or noncitizen nationality and Navy Reserve requirements.” . (c) Examinations.—Section 7116 of title 46, United States Code, is amended by striking subsection (c). (d) Merchant Mariners Documents.—Chapter 73 of title 46, United States Code, is amended— (1) by amending section 7306 to read as follows: “SEC. 7306. General requirements and classifications for members of deck departments “(a) In General.—The Secretary may issue a merchant mariner credential, to members of the deck department in the following classes: “(1) Able Seaman-Unlimited. “(2) Able Seaman-Limited. “(3) Able Seaman-Special. “(4) Able Seaman-Offshore Supply Vessels. “(5) Able Seaman-Sail. “(6) Able Seaman-Fishing Industry. “(7) Ordinary Seaman. “(b) Classification of Credentials.—The Secretary may classify the merchant mariner credential issued under subsection (a) based on— “(1) the tonnage and means of propulsion of vessels; “(2) the waters on which vessels are to be operated; or “(3) other appropriate standards. “(c) 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.” ; (2) in section 7307 by striking “3 years” and inserting “18 months”; (3) [46 U.S.C. 7308] in section 7308 by striking “18 months” and inserting “12 months”; (4) in section 7309 by striking “12 months” and inserting “6 months”; (5) in section 7313— (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 a 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.” ; and (6) by amending section 7315 to read as follows: “SEC. 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.” . (e) Implementation.— (1) [46 U.S.C. 7306 note] In general.—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). (2) [46 U.S.C. 7315 note] Section 7315.—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). (f) 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. (g) Amendments to Chapter 75.—Chapter 75 of title 46, United States Code, is amended— (1) in section 7507 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.” ; (2) in section 7510(c)— (A) in the subsection heading by striking “EXAM REVIEW” and inserting “WORKING GROUP”; (B) in paragraph (1)— (i) by striking “90 days” and inserting “180 days”; (ii) by striking “Coast Guard Authorization Act of 2016” and insert “Coast Guard Authorization Act of 2025”; (iii) by striking “new questions for inclusion in” and inserting “questions, content, and relevancy of”; (iv) by redesignating subparagraphs (E), (F), and (G) as subparagraphs (G), (H), and (I), respectively; and (v) by inserting after subparagraph (D) the following: “(E) at least 2 individuals that have taken and passed the examination in the 5 years before the commissioning of the working group; “(F) at least 1 representative from the United States Merchant Marine Academy;” ; (C) in paragraph (4)— (i) in the paragraph heading by striking “BASELINE review” and inserting “REVIEW”; (ii) in subparagraph (A)— (I) by striking “Within 1 year” and inserting “Not later than 270 days”; (II) by striking “Coast Guard Authorization Act of 2016” and inserting “Coast Guard Authorization Act of 2025”; (III) by striking “Secretary” and inserting “Commandant”; (IV) by redesignating clauses (i), (ii), (iii), and (iv) as clauses (ii), (iii), (iv), and (vii), respectively; (V) in clause (iv), as so redesignated, by striking “; and” and inserting a semicolon; (VI) by inserting before clause (ii) the following: “(i) industry standards, practices, and technology to be considered in the Merchant Mariner Credentialing Examination;” ; and (VII) by inserting after clause (iv) the following: “(v) the relevancy of examination topics and contents; “(vi) any redundancy of core competencies between the Merchant Mariner Credentialing Examination and Standards of Training, Certification, and Watchingkeeping competencies; and” ; and (iii) by striking subparagraph (B) and inserting the following: “(B) Report to commandant.—Upon completion of the review under this paragraph, a report shall be provided to the Commandant which shall include findings of the review with recommendations for updates to the Merchant Marine Credentialling Examination.” ; (D) by striking paragraphs (3), (5), and (8); (E) by redesignating paragraphs (4) and (9) as paragraphs (5) and (8), respectively; and (F) by inserting after paragraph (2) the following: “(3) Meeting of working group.— “(A) In general.—The Commandant shall convene the working group annually or at the creation of new examination questions, whichever occurs sooner. “(B) Remote participation.—The Commandant shall allow any member of the working group to participate remotely if the member of the working group does not have the means to participate in person. “(4) Use of questions.—The Commandant may not use questions developed for use in the Merchant Mariner Credentialing Examination until such questions are reviewed and approved by the working group.” ; (3) [46 U.S.C. 7511] in section 7511(a)— (A) in paragraph (1) by striking “or”; (B) in paragraph (2) by striking “State, local, or Tribal law” and inserting “Federal, State, local, or Tribal law”; (C) by redesignating paragraph (2) as paragraph (3); and (D) by inserting after paragraph (1) the following: “(2) section 920 or 920b of title 10 (article 120 and 120b of the Uniform Code of Military Justice); or” ; and (4) by adding at the end the following: “SEC. 7512. [46 U.S.C. 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.” . (h) Plan.— (1) Requirement.—Not later than 270 days after the completion of the review under paragraph (4) of subsection (c), the Commandant shall develop a plan to update and modernize the Merchant Mariner Credentialing Examination and implement the recommendations developed by the review under such paragraph. (2) Contents.—The plan developed under paragraph (1) shall not diminish demonstrated competency standards and shall include— (A) the elimination of redundant topics between the Merchant Mariner Credentialing Examination and other examinations required to obtain a Merchant Mariner Credential; (B) the elimination or updating of outdated topics, contents, core competencies, or questions covered by the Merchant Mariner Credentialing Examination; (C) the modernization of testing procedures consistent with contemporary procedures for standardized testing administration and evaluation; and (D) the development of methods to analyze examination data related to the effectiveness of questions in determining competency. (3) Coordination.—In developing the plan under paragraph (1), the Commandant shall develop such plan in consultation with the working group and individuals with expertise in modern best practices for relevant standardized testing. (4) Briefing required.—Not later than 1 year after the date of enactment of the Coast Guard Authorization Act of 2025, the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on the review and plan developed under this subsection. (i) Amendments to Chapter 77.—Section 7702(d)(1) of title 46, United States Code, is amended— (1) in subparagraph (B) by redesignating clauses (i) through (iv) as subclauses (I) through (IV), respectively (and by conforming the margins accordingly); (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively (and by conforming the margins accordingly); (3) by striking “an individual if—” and inserting the following:““ ‘an individual— “(A) if—” ; (4) in subparagraph (A)(ii)(IV), as so redesignated, by striking the period at the end and inserting “; or”; and (5) by adding at the end the following: “(B) if there is probable cause to believe that the individual has violated company policy and is a security risk that poses a threat to other individuals on the vessel.” . (j) Clerical Amendments.— (1) Chapter 73.—The analysis for chapter 73 of title 46, United States Code , is amended by striking the item relating to section 7306 and inserting the following: “7306. General requirements and classifications for members of deck departments.” . (2) Chapter 75.—The analysis for 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.” . (k) Technical and Conforming Amendments.— (1) Title 46.—Title 46, United States Code, is amended— (A) in section 2101(48)(B), as redesignated by subsection (a), by striking “; and” and inserting “; or”; (B) in section 2113(3) by striking “section 2101(53)(A)” and inserting “section 2101(55)(A)”; (C) in section 3202(a)(1)(A) by striking “section 2101(29)(A)” and inserting “section 2101(31)(A)”; (D) in section 3507(k)(1) by striking “section 2101(31)” and inserting “section 2101(33)”; (E) in section 4105(d) by striking “section 2101(53)(A)” and inserting “section 2101(55)(A)”; (F) in section 12119(a)(3) by striking “section 2101(26)” and inserting “section 2101(28)”; and (G) in section 51706(c)(6)(C)(ii) by striking “section 2101(24)” and inserting “section 2101(26)”. (2) Other laws.— (A) 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”. (B) 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”. (C) 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”. (D) Section 1101 of title 49, United States Code, is amended by striking “Section 2101(23)” and inserting “Section 2101(24)”.
Cross-references to the US Code
46 U.S.C. 730846 U.S.C. 7306 note46 U.S.C. 7315 note46 U.S.C. 751146 U.S.C. 7512
Pub. L. 119-60, div. G, tit. LXXIII, subtit. A, sec. 7301 (as amended): MERCHANT MARINER CREDENTIALING. | Justis AI