PERFORMANCE DRIVEN EXAMINATION SCHEDULE.

SEC. 7312. PERFORMANCE DRIVEN EXAMINATION SCHEDULE. (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 (37 U.S.C. 352 note) 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 date on which an 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.