[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6865 Engrossed in House (EH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6865
_______________________________________________________________________
AN ACT
To authorize appropriations for the Coast Guard, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Don Young Coast
Guard Authorization Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Shoreside infrastructure and facilities.
Sec. 104. Availability of amounts for acquisition of additional
cutters.
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
Sec. 201. Authorized strength.
Sec. 202. Continuation of officers with certain critical skills on
active duty.
Sec. 203. Number and distribution of officers on active duty promotion
list.
Sec. 204. Coast Guard behavioral health policy.
Sec. 205. Improving representation of women and of racial and ethnic
minorities among Coast Guard active-duty
members.
Subtitle B--Operational Matters
Sec. 206. Pilot project for enhancing Coast Guard cutter readiness
through condition-based maintenance.
Sec. 207. Unmanned systems strategy.
Sec. 208. Budgeting of Coast Guard relating to certain operations.
Sec. 209. Report on San Diego maritime domain awareness.
Sec. 210. Great Lakes winter shipping.
Sec. 211. Center of expertise for Great Lakes oil spill search and
response.
Sec. 212. Study on laydown of Coast Guard cutters.
Subtitle C--Other Matters
Sec. 213. Responses of Commandant of the Coast Guard to safety
recommendations.
Sec. 214. Conveyance of Coast Guard vessels for public purposes.
Sec. 215. Acquisition life-cycle cost estimates.
Sec. 216. National Coast Guard Museum funding plan.
Sec. 217. Report on Coast Guard explosive ordnance disposal.
Sec. 218. Pribilof Island transition completion actions.
Sec. 219. Notification of communication outages.
TITLE III--MARITIME
Subtitle A--Shipping
Sec. 301. Nonoperating individual.
Sec. 302. Oceanographic research vessels.
Sec. 303. Atlantic Coast port access routes briefing.
Subtitle B--Vessel Safety
Sec. 304. Fishing vessel safety.
Sec. 305. Requirements for DUKW-type amphibious passenger vessels.
Sec. 306. Exoneration and limitation of liability for small passengers
vessels.
Sec. 307. Automatic identification system requirements.
Subtitle C--Shipbuilding Program
Sec. 308. Qualified vessel.
Sec. 309. Establishing a capital construction fund.
TITLE IV--FEDERAL MARITIME COMMISSION
Sec. 401. Short title.
Sec. 402. Purposes.
Sec. 403. Service contracts.
Sec. 404. Shipping exchange registry.
Sec. 405. Data collection.
Sec. 406. National shipper advisory committee.
Sec. 407. Annual report and public disclosures.
Sec. 408. General prohibitions.
Sec. 409. Prohibition on unreasonably declining cargo.
Sec. 410. Detention and demurrage.
Sec. 411. Assessment of penalties.
Sec. 412. Investigations.
Sec. 413. Injunctive relief.
Sec. 414. Technical amendments.
Sec. 415. Authorization of appropriations.
Sec. 416. NAS study on supply chain industry.
Sec. 417. Temporary emergency authority.
Sec. 418. Terms and vacancies.
TITLE V--MISCELLANEOUS
Subtitle A--Navigation
Sec. 501. Restriction on changing salvors.
Sec. 502. Providing requirements for vessels anchored in established
anchorage grounds.
Sec. 503. Aquatic Nuisance Species Task Force.
Sec. 504. Limitation on recovery for certain injuries incurred in
aquaculture activities.
Subtitle B--Other Matters
Sec. 505. Information on type approval certificates.
Sec. 506. Passenger vessel security and safety requirements.
Sec. 507. Cargo waiting time reduction.
Sec. 508. Limited indemnity provisions in standby oil spill response
contracts.
Sec. 509. Port Coordination Council for Point Spencer.
Sec. 510. Western Alaska oil spill planning criteria.
Sec. 511. Nonapplicability.
Sec. 512. Report on enforcement of coastwise laws.
Sec. 513. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 514. Center of Expertise for Marine Environmental Response.
Sec. 515. Prohibition on entry and operation.
Sec. 516. St. Lucie River railroad bridge.
Sec. 517. Assistance related to marine mammals.
Sec. 518. Manning and crewing requirements for certain vessels,
vehicles, and structures.
TITLE VI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 601. Definitions.
Sec. 602. Convicted sex offender as grounds for denial.
Sec. 603. Sexual harassment or sexual assault as grounds for suspension
or revocation.
Sec. 604. Accommodation; notices.
Sec. 605. Protection against discrimination.
Sec. 606. Alcohol prohibition.
Sec. 607. Surveillance requirements.
Sec. 608. Master key control.
Sec. 609. Safety management systems.
Sec. 610. Requirement to report sexual assault and harassment.
Sec. 611. Civil actions for personal injury or death of seamen.
Sec. 612. Administration of sexual assault forensic examination kits.
TITLE VII--TECHNICAL AND CONFORMING PROVISIONS
Sec. 701. Technical corrections.
Sec. 702. Transportation worker identification credential technical
amendments.
Sec. 703. Reinstatement.
Sec. 704. Determination of budgetary effects.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking
``years 2020 and 2021'' and inserting ``years 2022 and 2023'';
(2) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``$8,151,620,850 for fiscal
year 2020'' and inserting ``$9,282,360,000 for
fiscal year 2022''; and
(ii) by striking ``$8,396,169,475 for
fiscal year 2021'' and inserting
``$10,210,596,000 for fiscal year 2023'';
(B) in subparagraph (B) by striking ``$17,035,000''
and inserting ``$17,723,520''; and
(C) in subparagraph (C) by striking ``$17,376,000''
and inserting ``$18,077,990'';
(3) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``$2,794,745,000 for fiscal
year 2020'' and inserting ``$3,312,114,000 for
fiscal year 2022''; and
(ii) by striking ``$3,312,114,000 for
fiscal year 2021'' and inserting
``$3,477,600,000 for fiscal year 2023''; and
(B) in subparagraph (B)--
(i) by striking ``$10,000,000 for fiscal
year 2020'' and inserting ``$20,400,000 for
fiscal year 2022''; and
(ii) by striking ``$20,000,000 for fiscal
year 2021'' and inserting ``$20,808,000 for
fiscal year 2023'';
(4) in paragraph (3)--
(A) by striking ``$13,834,000 for fiscal year
2020'' and inserting ``$14,393,220 for fiscal year
2022''; and
(B) by striking ``$14,111,000 for fiscal year
2021'' and inserting ``$14,681,084 for fiscal year
2023''; and
(5) in paragraph (4)--
(A) by striking ``$205,107,000 for fiscal year
2020'' and inserting ``$213,393,180 for fiscal year
2022''; and
(B) by striking ``$209,209,000 for fiscal year
2021'' and inserting ``$217,661,044 for fiscal year
2023''.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a) by striking ``fiscal years 2020 and
2021'' and inserting ``fiscal years 2022 and 2023''; and
(2) in subsection (b) by striking ``fiscal years 2020 and
2021'' and inserting ``fiscal years 2022 and 2023''.
SEC. 103. SHORESIDE INFRASTRUCTURE AND FACILITIES.
(a) In General.--Of the amounts authorized to be appropriated under
section 4902(2)(A) of title 14, United States Code, for each of fiscal
years 2022 and 2023, up to $585,000,000 shall be authorized for the
Secretary of the department in which the Coast Guard is operating to
fund the acquisition, construction, rebuilding, or improvement of Coast
Guard shoreside infrastructure and facilities necessary to support
Coast Guard operations and readiness.
(b) Baltimore Coast Guard Yard.--Of the amounts set aside under
subsection (a), up to $175,000,000 shall be authorized to improve
facilities at the Coast Guard Yard in Baltimore, Maryland, including
improvements to piers and wharves, dry dock, capital equipment
utilities, or dredging necessary to facilitate access to such Yard.
(c) Training Center Cape May.--Of the amounts set aside under
subsection (a), up to $60,000,000 shall be authorized to fund Phase I,
in fiscal year 2022, and Phase II, in fiscal year 2023, for the
recapitalization of the barracks at the United States Coast Guard
Training Center Cape May in Cape May, New Jersey.
(d) Mitigation of Hazard Risks.--In carrying out projects with
funds authorized under this section, the Coast Guard shall mitigate, to
the greatest extent practicable, natural hazard risks identified in any
Shore Infrastructure Vulnerability Assessment for Phase I related to
such projects.
(e) Fort Wadsworth, New York.--Of the amounts set aside under
subsection (a), up to $1,200,000 shall be authorized to fund a
construction project to--
(1) complete repairs to the United States Coast Guard
Station, New York, waterfront, including repairs to the
concrete pier; and
(2) replace floating piers Alpha and Bravo, the South
Breakwater and Ice Screen, the North Breakwater and Ice Screen,
and the seawall.
SEC. 104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL
CUTTERS.
(a) In General.--Of the amounts authorized to be appropriated
under--
(1) section 4902(2)(A)(i) of title 14, United States Code,
as amended by section 101 of this title, for fiscal year 2022;
(A) $300,000,000 shall be authorized for the
acquisition of a twelfth National Security Cutter; and
(B) $210,000,000 shall be authorized for the
acquisition of 3 Fast Response Cutters; and
(2) section 4902(2)(A)(ii) of title 14, United States Code,
as amended by section 101 of this title, for fiscal year 2023;
(A) $300,000,000 shall be authorized for the
acquisition of a twelfth National Security Cutter; and
(B) $210,000,000 shall be authorized for the
acquisition of 3 Fast Response Cutters.
(b) Treatment of Acquired Cutter.--Any cutter acquired using
amounts authorized under subsection (a) shall be in addition to the
National Security Cutters and Fast Response Cutters approved under the
existing acquisition baseline in the program of record for the National
Security Cutter and Fast Response Cutter.
(c) Great Lakes Icebreaker Acquisition.--Of the amounts authorized
to be appropriated under section 4902(2)(A)(ii) of title 14, United
States Code--
(1) for fiscal year 2022, $350,000,000 shall be authorized
for the acquisition of a Great Lakes icebreaker at least as
capable as Coast Guard Cutter Mackinaw (WLBB-30); and
(2) for fiscal year 2023, $20,000,000 shall be authorized
for the design and selection of icebreaking cutters for
operation in the Great Lakes, the Northeastern United States,
and the Arctic, as appropriate, that are at least as capable as
the Coast Guard 140-foot icebreaking tugs.
(d) Drug and Migrant Interdiction.--Of the Fast Response Cutters
authorized for acquisition under subsection (a), at least 1 shall be
used for drug and migrant interdiction in the Caribbean Basin
(including the Gulf of Mexico).
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
SEC. 201. AUTHORIZED STRENGTH.
Section 3702 of title 14, United States Code, is amended by adding
at the end the following:
``(c) The Secretary may vary the authorized end strength of the
Coast Guard Selected Reserves for a fiscal year by a number equal to
not more than 3 percent of such end strength upon a determination by
the Secretary that varying such authorized end strength is in the
national interest.
``(d) The Commandant may increase the authorized end strength of
the Coast Guard Selected Reserves by a number equal to not more than 2
percent of such authorized end strength upon a determination by the
Commandant that such increase would enhance manning and readiness in
essential units or in critical specialties or ratings.''.
SEC. 202. CONTINUATION OF OFFICERS WITH CERTAIN CRITICAL SKILLS ON
ACTIVE DUTY.
(a) In General.--Chapter 21 of title 14, United States Code, is
amended by inserting after section 2165 the following:
``Sec. 2166. Continuation on active duty; Coast Guard officers with
certain critical skills
``(a) In General.--The Commandant may authorize an officer in a
grade above grade O-2 to remain on active duty after the date otherwise
provided for the retirement of such officer in section 2154 of this
title, if the officer possesses a critical skill, or specialty, or is
in a career field designated pursuant to subsection (b).
``(b) Critical Skills, Specialty, or Career Field.--The Commandant
shall designate any critical skill, specialty, or career field eligible
for continuation on active duty as provided in subsection (a).
``(c) Duration of Continuation.--An officer continued on active
duty pursuant to this section shall, if not earlier retired, be retired
on the first day of the month after the month in which the officer
completes 40 years of active service.
``(d) Policy.--The Commandant shall carry out this section by
prescribing policy which shall specify the criteria to be used in
designating any critical skill, specialty, or career field for purposes
of subsection (b).''.
(b) Clerical Amendment.--The analysis for chapter 21 of title 14,
United States Code, is amended by inserting after the item relating to
section 2165 the following:
``2166. Continuation on active duty; Coast Guard officers with certain
critical skills.''.
SEC. 203. NUMBER AND DISTRIBUTION OF OFFICERS ON ACTIVE DUTY PROMOTION
LIST.
(a) Maximum Number of Officers.--Section 2103(a) of title 14,
United States Code, is amended to read as follows:
``(a) Maximum Total Number.--
``(1) In general.--The total number of Coast Guard
commissioned officers on the active duty promotion list,
excluding warrant officers, shall not exceed--
``(A) 7,100 in fiscal year 2022;
``(B) 7,200 in fiscal year 2023;
``(C) 7,300 in fiscal year 2024; and
``(D) 7,400 in fiscal year 2025 and each subsequent
fiscal year.
``(2) Temporary increase.--Notwithstanding paragraph (1),
the Commandant may temporarily increase the total number of
commissioned officers permitted under such paragraph by up to 2
percent for no more than 60 days following the date of the
commissioning of a Coast Guard Academy class.
``(3) Notification.--Not later than 30 days after exceeding
the total number of commissioned officers permitted under
paragraph (1), and each 30 days thereafter until the total
number of commissioned officers no longer exceeds the number of
such officers permitted under paragraph (1), the Commandant
shall notify the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate of the number of
officers on the active duty promotion list on the last day of
the preceding 30-day period.''.
(b) Officers Not on Active Duty Promotion List.--
(1) In general.--Chapter 51 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 5113. Officers not on active duty promotion list
``Not later than 60 days after the date on which the President
submits to Congress a budget pursuant to section 1105 of title 31, the
Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate the number of Coast
Guard officers serving at other Federal entities on a reimbursable
basis but not on the active duty promotion list.''.
(2) Clerical amendment.--The analysis for chapter 51 of
title 14, United States Code, is amended by adding at the end
the following:
``5113. Officers not on active duty promotion list.''.
SEC. 204. COAST GUARD BEHAVIORAL HEALTH POLICY.
(a) Interim Behavioral Health Policy.--Not later than 60 days after
the date of enactment of this Act, the Commandant of the Coast Guard
shall establish an interim behavioral health policy for members of the
Coast Guard equivalent to the policy described in section 5.28
(relating to behavioral health) of Department of Defense Instruction
6130.03, volume 2, ``Medical Standards for Military Service:
Retention''.
(b) Termination.--The interim policy established under subsection
(a) shall remain in effect until the date on which the Commandant
issues a permanent behavior health policy for members of the Coast
Guard which is, to the extent practicable, equivalent to such section
5.28.
SEC. 205. IMPROVING REPRESENTATION OF WOMEN AND OF RACIAL AND ETHNIC
MINORITIES AMONG COAST GUARD ACTIVE-DUTY MEMBERS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant of the Coast Guard shall--
(1) determine which recommendations in the RAND
representation report can practicably be implemented to promote
improved representation in the Coast Guard of--
(A) women; and
(B) racial and ethnic minorities; and
(2) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the actions the Commandant has taken, or
plans to take, to implement such recommendations.
(b) Curriculum and Training.--The Commandant shall update, to
reflect actions described under subsection (a)(2), the curriculum and
training materials used at--
(1) officer accession points, including the Coast Guard
Academy and the Leadership Development Center;
(2) enlisted member accession at the United States Coast
Guard Training Center Cape May in Cape May, New Jersey; and
(3) the officer, enlisted member, and civilian leadership
courses managed by the Leadership Development Center.
(c) Definition.--In this section, the term ``RAND representation
report'' means the report titled ``Improving the Representation of
Women and Racial/Ethnic Minorities Among U.S. Coast Guard Active-Duty
Members'' issued by the Homeland Security Operational Analysis Center
of the RAND Corporation on August 11, 2021.
Subtitle B--Operational Matters
SEC. 206. PILOT PROJECT FOR ENHANCING COAST GUARD CUTTER READINESS
THROUGH CONDITION-BASED MAINTENANCE.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Commandant of the Coast Guard shall conduct a pilot
project to enhance cutter readiness and reduce lost patrol days through
the deployment of commercially developed condition-based program
standards for cutter maintenance, in accordance with the criteria set
forth in subsection (b).
(b) Criteria for Condition-Based Maintenance Evaluation.--In
conducting the pilot project under subsection (a), the Commandant
shall--
(1) select at least 1 legacy cutter asset and 1 class of
cutters under construction with respect to which the
application of the pilot project would enhance readiness;
(2) use commercially developed condition-based program
standards similar to those applicable to privately owned and
operated vessels or vessels owned or operated by other Federal
agencies (such as those currently operating under the direction
of Military Sealift Command);
(3) create and model a full ship digital twin for the
cutters selected under paragraph (1);
(4) install or modify instrumentation capable of producing
full hull, mechanical, and electrical data necessary to analyze
cutter operational conditions with active maintenance alerts;
and
(5) deploy artificial intelligence, prognostic-based
integrated maintenance planning modeled after standards
described in paragraph (2).
(c) Report to Congress.--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--
(1) an interim report not later than 6 months after the
date of enactment of this Act on the progress in carrying out
the pilot project described in subsection (a); and
(2) a final report not later than 2 years after the date of
enactment of this Act on the results of the pilot project
described in subsection (a) that includes--
(A) options to integrate commercially developed
condition-based program standards for cutter
maintenance to Coast Guard cutters; and
(B) plans to deploy commercially developed
condition-based program standards for cutter
maintenance to Coast Guard cutters.
SEC. 207. UNMANNED SYSTEMS STRATEGY.
(a) Submission to Congress.--Not later than 180 days after the date
of enactment of this Act, the Commandant of the Coast Guard shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a detailed description of the strategy of
the Coast Guard to implement unmanned systems across mission areas,
including--
(1) the steps taken to implement actions recommended in the
consensus study report of the National Academies of Sciences,
Engineering, and Medicine published on November 12, 2020,
titled ``Leveraging Unmanned Systems for Coast Guard Missions:
A Strategic Imperative'';
(2) the strategic goals and acquisition strategies for
proposed uses and procurements of unmanned systems;
(3) a strategy to sustain competition and innovation for
procurement of unmanned systems and services for the Coast
Guard, including defining opportunities for new and existing
technologies; and
(4) an estimate of the timeline, costs, staff resources,
technology, or other resources necessary to accomplish the
strategy.
(b) Pilot Project.--
(1) Autonomous control and computer vision technology.--The
Commandant of the Coast Guard, acting through the Blue
Technology Center of Expertise, shall conduct a pilot project
to retrofit an existing Coast Guard small boat with--
(A) commercially available autonomous control and
computer vision technology; and
(B) such sensors and methods of communication as
are necessary to demonstrate the ability of such
control and technology to assist in conducting search
and rescue, surveillance, and interdiction missions.
(2) Collection of data.--The pilot project under paragraph
(1) shall evaluate commercially available products in the field
and collect operational data to inform future requirements.
(3) Briefing.--Not later than 6 months after completing the
pilot project required under paragraph (1), the Commandant
shall brief the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on commerce,
Science, and Transportation of the Senate on the evaluation of
the data derived from the project.
SEC. 208. BUDGETING OF COAST GUARD RELATING TO CERTAIN OPERATIONS.
(a) In General.--Chapter 51 of title 14, United States Code, is
further amended by adding at the end the following:
``Sec. 5114. Expenses of performing and executing defense readiness
mission activities
``The Commandant of the Coast Guard shall include in the annual
budget submission of the President under section 1105(a) of title 31, a
dedicated budget line item that adequately represents a calculation of
the annual costs and expenditures of performing and executing all
defense readiness mission activities, including--
``(1) all expenses related to the Coast Guard's
coordination, training, and execution of defense readiness
mission activities in the Coast Guard's capacity as an Armed
Force (as such term is defined in section 101 of title 10) in
support of Department of Defense national security operations
and activities or for any other military department or defense
agency (as such terms are defined in such section);
``(2) costs associated with Coast Guard detachments
assigned in support of the Coast Guard's defense readiness
mission; and
``(3) any other expenses, costs, or matters the Commandant
determines appropriate or otherwise of interest to Congress.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 14,
United States Code, is further amended by adding at the end the
following:
``5114. Expenses of performing and executing defense readiness mission
activities.''.
SEC. 209. REPORT ON SAN DIEGO MARITIME DOMAIN AWARENESS.
Not later than 180 days after the date of enactment of this Act,
the Commandant of the Coast Guard shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report containing--
(1) an overview of the maritime domain awareness in the
area of responsibility of the Coast Guard sector responsible
for San Diego, California, including--
(A) the average volume of known maritime traffic
that transited the area during fiscal years 2020
through 2022;
(B) current sensor platforms deployed by such
sector to monitor illicit activity occurring at sea in
such area;
(C) the number of illicit activity incidents at sea
in such area that the sector responded to during fiscal
years 2020 through 2022;
(D) an estimate of the volume of traffic engaged in
illicit activity at sea in such area and the type and
description of any vessels used to carry out illicit
activities that such sector responded to during fiscal
years 2020 through 2022; and
(E) the maritime domain awareness requirements to
effectively meet the mission of such sector;
(2) a description of current actions taken by the Coast
Guard to partner with Federal, regional, State, and local
entities to meet the maritime domain awareness needs of such
area;
(3) a description of any gaps in maritime domain awareness
within the area of responsibility of such sector resulting from
an inability to meet the enduring maritime domain awareness
requirements of the sector or adequately respond to maritime
disorder;
(4) an identification of current technology and assets the
Coast Guard has to mitigate the gaps identified in paragraph
(3);
(5) an identification of capabilities needed to mitigate
such gaps, including any capabilities the Coast Guard currently
possesses that can be deployed to the sector;
(6) an identification of technology and assets the Coast
Guard does not currently possess and are needed to acquire in
order to address such gaps; and
(7) an identification of any financial obstacles that
prevent the Coast Guard from deploying existing commercially
available sensor technology to address such gaps.
SEC. 210. GREAT LAKES WINTER SHIPPING.
(a) Great Lakes Icebreaking Operations.--
(1) Government accountability office report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General
of the United States 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 on Coast Guard
icebreaking in the Great Lakes.
(B) Elements.--The report required under
subparagraph (A) shall--
(i) evaluate--
(I) the economic impact related to
vessel delays or cancellations
associated with ice coverage on the
Great Lakes;
(II) the impact the standards
proposed in paragraph (2) would have on
Coast Guard operations in the Great
Lakes if such standards were adopted;
(III) the fleet mix of medium
icebreakers and icebreaking tugs
necessary to meet the standards
proposed in paragraph (2); and
(IV) the resources necessary to
support the fleet described in
subclause (III), including billets for
crew and operating costs; and
(ii) make recommendations to the Commandant
for improvements to the Great Lakes icebreaking
program, including with respect to facilitating
shipping and meeting all Coast Guard mission
needs.
(2) Proposed standards for icebreaking operations.--The
proposed standards, the impact of the adoption of which is
evaluated in subclauses (II) and (III) of paragraph (1)(B)(i),
are the following:
(A) Except as provided in subparagraph (B), the
ice-covered waterways in the Great Lakes shall be open
to navigation not less than 90 percent of the hours
that vessels engaged in commercial service and ferries
attempt to transit such ice-covered waterways.
(B) In a year in which the Great Lakes are not open
to navigation, as described in subparagraph (A),
because of ice of a thickness that occurs on average
only once every 10 years, ice-covered waterways in the
Great Lakes shall be open to navigation at least 70
percent of the hours that vessels engaged in commercial
service and ferries attempt to transit such ice-covered
waterways.
(3) Report by commandant.--Not later than 90 days after the
date on which the Comptroller General submits the report under
paragraph (1), 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 that includes the following:
(A) A plan for Coast Guard implementation of any
recommendation made by the Comptroller General under
paragraph (1)(B)(ii) with which the Commandant concurs.
(B) With respect to any recommendation made under
paragraph (1)(B)(ii) with which the Commandant does not
concur, an explanation of the reasons why the
Commandant does not concur.
(C) A review of, and a proposed implementation plan
for, the results of the fleet mix analysis under
paragraph (1)(B)(i)(III).
(D) Any proposed modifications to current Coast
Guard standards for icebreaking operations in the Great
Lakes.
(4) Pilot program.--During the 5 ice seasons following the
date of enactment of this Act, the Coast Guard shall conduct a
pilot program to determine the extent to which the current
Coast Guard Great Lakes icebreaking cutter fleet can meet the
proposed standards described in paragraph (2).
(b) Data on Icebreaking Operations in the Great Lakes.--
(1) In general.--The Commandant shall collect, during ice
season, archive, and disseminate data on icebreaking operations
and transits on ice-covered waterways in the Great Lakes of
vessels engaged in commercial service and ferries.
(2) Elements.--Data collected, archived, and disseminated
under paragraph (1) shall include the following:
(A) Voyages by vessels engaged in commercial
service and ferries to transit ice-covered waterways in
the Great Lakes that are delayed or canceled because of
the nonavailability of a suitable icebreaking vessel.
(B) Voyages attempted by vessels engaged in
commercial service and ferries to transit ice-covered
waterways in the Great Lakes that do not reach their
intended destination because of the nonavailability of
a suitable icebreaking vessel.
(C) The period of time that each vessel engaged in
commercial service or ferry was delayed in getting
underway or during a transit of ice-covered waterways
in the Great Lakes due to the nonavailability of a
suitable icebreaking vessel.
(D) The period of time elapsed between each request
for icebreaking assistance by a vessel engaged in
commercial service or ferry and the arrival of a
suitable icebreaking vessel and whether such
icebreaking vessel was a Coast Guard or commercial
asset.
(E) The percentage of hours that Great Lakes ice-
covered waterways were open to navigation while vessels
engaged in commercial service and ferries attempted to
transit such waterways for each ice season after the
date of enactment of this Act.
(F) Relevant communications of each vessel engaged
in commercial service or ferry with the Coast Guard or
commercial icebreaking service providers with respect
to subparagraphs (A) through (D).
(G) A description of any mitigating circumstance,
such as Coast Guard Great Lakes icebreaker diversions
to higher priority missions, that may have contributed
to the amount of time described in subparagraphs (C)
and (D) or the percentage of time described in
subparagraph (E).
(3) Voluntary reporting.--Any reporting by operators of
commercial vessels engaged in commercial service or ferries
under this section shall be voluntary.
(4) Public availability.--The Commandant shall make the
data collected, archived, and disseminated under this
subsection available to the public on a publicly accessible
internet website of the Coast Guard.
(5) Consultation with industry.--With respect to the Great
Lakes icebreaking operations of the Coast Guard and the
development of the data collected, archived, and disseminated
under this subsection, the Commandant shall consult operators
of--
(A) vessels engaged in commercial service; and
(B) ferries.
(c) Report on Common Hull Design.--Section 8105 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is amended by striking subsection (b) and
inserting the following:
``(b) Report.--Not later than 90 days after the date of enactment
of this subsection, 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 on the operational benefits and limitations of a common hull
design for icebreaking cutters for operation in the Great Lakes, the
Northeastern United States, and the Arctic, as appropriate, that are at
least as capable as the Coast Guard 140-foot icebreaking tugs.''.
(d) Definitions.--In this section:
(1) Commercial service.--The term ``commercial service''
has the meaning given such term in section 2101 of title 46,
United States Code.
(2) Great lakes.--The term ``Great Lakes''--
(A) has the meaning given such term in section 118
of the Federal Water Pollution Control Act (33 U.S.C.
1268); and
(B) includes harbors adjacent to such waters.
(3) Ice-covered waterway.--The term ``ice-covered
waterway'' means any portion of the Great Lakes in which
vessels engaged in commercial service or ferries operate that
is 70 percent or greater covered by ice, but does not include
any waters adjacent to piers or docks for which commercial
icebreaking services are available and adequate for the ice
conditions.
(4) Open to navigation.--The term ``open to navigation''
means navigable to the extent necessary to--
(A) meet the reasonable demands of shipping;
(B) minimize delays to passenger ferries;
(C) extricate vessels and persons from danger;
(D) prevent damage due to flooding; and
(E) conduct other Coast Guard missions, as
required.
(5) Reasonable demands of shipping.--The term ``reasonable
demands of shipping'' means the safe movement of vessels
engaged in commercial service and ferries transiting ice-
covered waterways in the Great Lakes to their intended
destination, regardless of type of cargo.
SEC. 211. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL SEARCH AND
RESPONSE.
Section 807(d) of the Frank LoBiondo Coast Guard Authorization Act
of 2018 (14 U.S.C. 313 note) is amended to read as follows:
``(d) Definition.--In this section, the term `Great Lakes' means--
``(1) Lake Ontario;
``(2) Lake Erie;
``(3) Lake Huron (including Lake St. Clair);
``(4) Lake Michigan;
``(5) Lake Superior; and
``(6) the connecting channels (including the following
rivers and tributaries of such rivers: Saint Mary's River,
Saint Clair River, Detroit River, Niagara River, Illinois
River, Chicago River, Fox River, Grand River, St. Joseph River,
St. Louis River, Menominee River, Muskegon River, Kalamazoo
River, and Saint Lawrence River to the Canadian border).''.
SEC. 212. STUDY ON LAYDOWN OF COAST GUARD CUTTERS.
Not later than 120 days after the date of enactment of this Act,
the Secretary of Homeland Security, in consultation with the Secretary
of Transportation, shall conduct a study on the laydown of Coast Guard
Fast Response Cutters to assess Coast Guard mission readiness and to
identify areas of need for asset coverage.
Subtitle C--Other Matters
SEC. 213. RESPONSES OF COMMANDANT OF THE COAST GUARD TO SAFETY
RECOMMENDATIONS.
(a) In General.--Chapter 7 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 721. Responses to safety recommendations
``(a) In General.--Not later than 90 days after the submission to
the Commandant of the Coast Guard of a recommendation by the National
Transportation Safety Board relating to transportation safety, the
Commandant shall submit to the Board a written response to each
recommendation, which shall include whether the Commandant--
``(1) concurs with the recommendation;
``(2) partially concurs with the recommendation; or
``(3) does not concur with the recommendation.
``(b) Explanation of Concurrence.--A response under subsection (a)
shall include--
``(1) with respect to a recommendation to which the
Commandant concurs, an explanation of the actions the
Commandant intends to take to implement such recommendation;
``(2) with respect to a recommendation to which the
Commandant partially concurs, an explanation of the actions the
Commandant intends to take to implement the portion of such
recommendation with which the Commandant partially concurs; and
``(3) with respect to a recommendation to which the
Commandant does not concur, the reasons why the Commandant does
not concur with such recommendation.
``(c) Failure To Respond.--If the Board has not received the
written response required under subsection (a) by the end of the time
period described in such subsection, the Board shall notify the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate that such response has not been
received.''.
(b) Clerical Amendment.--The analysis for chapter 7 of title 14,
United States Code, is amended by inserting after the item relating to
section 720 the following:
``721. Responses to safety recommendations.''.
SEC. 214. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.
(a) Redesignation and Transfer.--
(1) In general.--Section 914 of the Coast Guard
Authorization Act of 2010 (Public Law 111-281) is transferred
to chapter 5 of title 14, United States Code, inserted after
section 508, redesignated as section 509, and amended so that
the enumerator, section heading, typeface, and typestyle
conform to those appearing in other sections in title 46,
United States Code.
(2) Clerical amendments.--
(A) Coast guard authorization act of 2010.--The
table of contents in section 1(b) of the Coast Guard
Authorization Act of 2010 (Public Law 111-281) is
amended by striking the item relating to section 914.
(B) Title 46.--The analysis for chapter 5 of title
14, United States Code, is amended by inserting after
the item relating to section 508 the following:
``509. Conveyance of Coast Guard vessels for public purposes.''.
(b) Conveyance of Coast Guard Vessels for Public Purposes.--Section
509 of title 14, United States Code (as transferred and redesignated
under subsection (a)), is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--At the request of the Commandant, the
Administrator of the General Services Administration may transfer
ownership of a Coast Guard vessel or aircraft to an eligible entity for
use for educational, cultural, historical, charitable, recreational, or
other public purposes if such transfer is authorized by law.''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``as if such a request
were being processed'' after ``vessels''; and
(ii) by inserting ``, as in effect on the
date of enactment of the Don Young Coast Guard
Authorization Act of 2022'' after ``Code of
Federal Regulations''; and
(B) in paragraph (2) by inserting ``, as in effect
on the date of enactment of the Don Young Coast Guard
Authorization Act of 2022'' after ``such title''.
SEC. 215. ACQUISITION LIFE-CYCLE COST ESTIMATES.
Section 1132(e) of title 14, United States Code, is amended by
striking paragraphs (2) and (3) and inserting the following:
``(2) Types of estimates.--For each Level 1 or Level 2
acquisition project or program, in addition to life-cycle cost
estimates developed under paragraph (1), the Commandant shall
require that--
``(A) such life-cycle cost estimates be updated
before--
``(i) each milestone decision is concluded;
and
``(ii) the project or program enters a new
acquisition phase; and
``(B) an independent cost estimate or independent
cost assessment, as appropriate, be developed to
validate such life-cycle cost estimates developed under
paragraph (1).''.
SEC. 216. NATIONAL COAST GUARD MUSEUM FUNDING PLAN.
Section 316(c)(4) of title 14, United States Code, is amended by
striking ``the Inspector General of the department in which the Coast
Guard is operating'' and inserting ``a third party entity qualified to
undertake such a certification process''.
SEC. 217. REPORT ON COAST GUARD EXPLOSIVE ORDNANCE DISPOSAL.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commandant of the Coast Guard shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the viability of establishing
an explosive ordnance disposal program (hereinafter referred to as the
``Program'') in the Coast Guard.
(b) Contents.--The report required under subsection (a) shall
contain, at a minimum, an explanation of the following with respect to
such a Program:
(1) Where within the organizational structure of the Coast
Guard the Program would be located, including a discussion of
whether the Program should reside in--
(A) Maritime Safety and Security Teams;
(B) Maritime Security Response Teams;
(C) a combination of the teams described under
subparagraphs (A) and (B); or
(D) elsewhere within the Coast Guard.
(3) The vehicles and dive craft that are Coast Guard
airframe and vessel transportable that would be required for
the transportation of explosive ordnance disposal elements.
(4) The Coast Guard stations at which--
(A) portable explosives storage magazines would be
available for explosive ordnance disposal elements; and
(B) explosive ordnance disposal elements equipment
would be pre-positioned.
(5) How the Program would support other elements within the
Department of Homeland Security, the Department of Justice, and
in wartime, the Department of Defense to--
(A) counter improvised explosive devices;
(B) counter unexploded ordnance;
(C) combat weapons of destruction;
(D) provide service in support of the President;
and
(E) support national security special events.
(6) The career progression of Coast Guardsman participating
in the Program from--
(A) Seaman Recruit to Command Master Chief Petty
Officer;
(B) Chief Warrant Officer 2 to that of Chief
Warrant Officer 4; and
(C) Ensign to that of Rear Admiral.
(7) Initial and annual budget justification estimates on a
single program element of the Program for--
(A) civilian and military pay with details on
military pay, including special and incentive pays such
as--
(i) officer responsibility pay;
(ii) officer SCUBA diving duty pay;
(iii) officer demolition hazardous duty
pay;
(iv) enlisted SCUBA diving duty pay;
(v) enlisted demolition hazardous duty pay;
(vi) enlisted special duty assignment pay
at level special duty-5;
(vii) enlisted assignment incentive pays;
(viii) enlistment and reenlistment bonuses;
(ix) officer and enlisted full civilian
clothing allowances;
(x) an exception to the policy allowing a
third hazardous duty pay for explosive ordnance
disposal-qualified officers and enlisted; and
(xi) parachutist hazardous duty pay;
(B) research, development, test, and evaluation;
(C) procurement;
(D) other transaction agreements;
(E) operations and support; and
(F) overseas contingency operations.
SEC. 218. PRIBILOF ISLAND TRANSITION COMPLETION ACTIONS.
(a) Extensions.--Section 524 of the Pribilof Island Transition
Completion Act of 2016 (Public Law 114-120) is amended--
(1) in subsection (b)(5) by striking ``5 years'' and
inserting ``6 years''; and
(2) in subsection (c)(3) by striking ``60 days'' and
inserting ``120 days''.
(b) Actual Use and Occupancy Reports.--Not later than 90 days after
enactment of this Act, and quarterly thereafter, the Secretary of the
department in which the Coast Guard is operating shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing--
(1) the degree to which Coast Guard personnel and equipment
are deployed to St. Paul Island, Alaska, in actual occupancy of
the facilities, as required under section 524 of the Pribilof
Island Transition Completion Act of 2016 (Public Law 114-120);
and
(2) the status of the activities described in subsections
(c) and (d) until such activities have been completed.
(c) Aircraft Hanger.--The Secretary may--
(1) enter into a lease for a hangar to house deployed Coast
Guard aircraft if such hanger was previously under lease by the
Coast Guard for purposes of housing such aircraft; and
(2) may enter into an agreement with the lessor of such a
hanger in which the Secretary may carry out repairs necessary
to support the deployment of such aircraft and the cost such
repairs may be offset under the terms of the lease.
(d) Fuel Tank.--
(1) Determination.--Not later than 30 days after the date
of enactment of this Act, the Secretary shall determine whether
the fuel tank located on St. Paul Island, Alaska, that is owned
by the Coast Guard is needed for Coast Guard operations.
(2) Transfer.--Subject to paragraph (3), if the Secretary
determines such tank is not needed for operations, the
Secretary shall, not later than 90 days after making such
determination, transfer such tank to the Alaska Native Village
Corporation for St. Paul Island, Alaska.
(3) Fair market value exception.--The Secretary may only
carry out a transfer under paragraph (2) if the fair market
value of such tank is less than the aggregate value of any
lease payments for the property on which the tank is located
that the Coast Guard would have paid to the Alaska Native
Village Corporation for St. Paul Island, Alaska, had such lease
been extended at the same rate.
(e) Savings Clause.--Nothing in this section shall be construed to
limit any rights of the Alaska Native Village Corporation for St. Paul
to receive conveyance of all or part of the lands and improvements
related to Tract 43 under the same terms and conditions as prescribed
in section 524 of the Pribilof Island Transition Completion Act of 2016
(Public Law 114-120).
SEC. 219. NOTIFICATION OF COMMUNICATION OUTAGES.
Not later than 180 days after the date of enactment of this Act,
the Commandant of the Coast Guard shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report that--
(1) contains a plan for the Coast Guard to notify mariners
of radio outages for towers owned and operated by the Coast
Guard in District 17;
(2) address in such plan how the Coast Guard in District 17
will--
(A) disseminate outage updates regarding outages on
social media at least every 48 hours;
(B) provide updates on a publicly accessible
website at least every 48 hours;
(C) develop methods for notifying mariners where
cellular connectivity does not exist;
(D) generate receipt confirmation and
acknowledgment of outages from mariners; and
(E) develop and advertise a web-based
communications update hub on AM/FM radio for mariners;
and
(3) identifies technology gaps necessary to implement the
plan and provide a budgetary assessment necessary to implement
the plan.
TITLE III--MARITIME
Subtitle A--Shipping
SEC. 301. NONOPERATING INDIVIDUAL.
Section 8313(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended
by striking ``the date that is 2 years after the date of the enactment
of this Act'' and inserting ``January 1, 2025''.
SEC. 302. OCEANOGRAPHIC RESEARCH VESSELS.
(a) Report Required.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of the department in which the Coast Guard is
operating, shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report detailing
the total number of vessels known or estimated to operate or to have
operated under section 50503 of title 46, United States Code, during
each of the past 10 fiscal years.
(b) Contents.--The report required by subsection (a) shall include
the following elements:
(1) The total number of foreign-flagged vessels known or
estimated to operate or to have operated as oceanographic
research vessels (as such term is defined in section 2101 of
title 46, United States Code) during each of the past 10 fiscal
years.
(2) The total number of United States-flagged vessels known
or estimated to operate or to have operated as oceanographic
research vessels (as such term is defined section 2101 of title
46, United States Code) during each of the past 10 fiscal
years.
SEC. 303. ATLANTIC COAST PORT ACCESS ROUTES BRIEFING.
Not later than 30 days after the date of enactment of this Act, and
every 30 days thereafter until the requirements of section 70003 of
title 46, United States Code, are fully executed with respect to the
Atlantic Coast Port Access Route, the Secretary of the department in
which the Coast Guard is operating shall brief the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
any progress made to execute such requirements.
Subtitle B--Vessel Safety
SEC. 304. FISHING VESSEL SAFETY.
(a) In General.--Chapter 45 of title 46, United States Code, is
amended--
(1) in section 4502(f)(2) by striking ``certain vessels
described in subsection (b) if requested by the owner or
operator; and'' and inserting ``vessels described in subsection
(b) if--
``(A) requested by an owner or operator; or
``(B) the vessel is--
``(i) at least 50 feet overall in length;
``(ii) built before July 1, 2013; and
``(iii) 25 years of age or older; and'';
(2) in section 4503(b) by striking ``Except as provided in
section 4503a, subsection (a)'' and inserting ``Subsection
(a)''; and
(3) by repealing section 4503a.
(b) Alternative Safety Compliance Agreements.--Nothing in this
section or the amendments made by this section shall be construed to
affect or apply to any alternative compliance and safety agreement
entered into by the Coast Guard that is in effect on the date of
enactment of this Act.
(c) Conforming Amendments.--The table of sections in chapter 45 of
title 46, United States Code, is amended by striking the item relating
to section 4503a.
SEC. 305. REQUIREMENTS FOR DUKW-TYPE AMPHIBIOUS PASSENGER VESSELS.
(a) Regulations Required.--Not later than 1 year after the date of
enactment of this Act, the Commandant of the Coast Guard shall issue
regulations for DUKW-type amphibious passenger vessels operating in
waters subject to the jurisdiction of the United States, as defined in
section 2.38 of title 33, Code of Federal Regulations (as in effect on
the date of enactment of this Act).
(b) Deadline for Compliance.--The regulations issued under
subsection (a) shall take effect not later than 24 months after the
date of enactment of this Act.
(c) Requirements.--The regulations required under subsection (a)
shall include the following:
(1) A requirement that operators of DUKW-type amphibious
passenger vessels provide reserve buoyancy for such vessels
through passive means, including watertight
compartmentalization, built-in flotation, or such other means
as determined appropriate by the Commandant, in order to ensure
that such vessels remain afloat and upright in the event of
flooding, including when carrying a full complement of
passengers and crew.
(2) A requirement that an operator of a DUKW-type
amphibious passenger vessel--
(A) review and notate the forecast of the National
Weather Service of the National Oceanic and Atmospheric
Administration in the logbook of the vessel before
getting underway and periodically while underway;
(B) proceed to the nearest harbor or safe refuge in
any case in which a watch or warning is issued for wind
speeds exceeding the wind speed equivalent used to
certify the stability of such DUKW-type amphibious
passenger vessel; and
(C) maintain and monitor a weather monitor radio
receiver at the operator station of the vessel that is
automatically activated by the warning alarm device of
the National Weather Service.
(3) A requirement that--
(A) operators of DUKW-type amphibious passenger
vessels inform passengers that seat belts may not be
worn during waterborne operations;
(B) before the commencement of waterborne
operations, a crew member shall visually check that the
seatbelt of each passenger is unbuckled; and
(C) operators or crew maintain a log recording the
actions described in subparagraphs (A) and (B).
(4) A requirement for annual training for operators and
crew of DUKW-type amphibious passengers vessels, including--
(A) training for personal flotation and seat belt
requirements, verifying the integrity of the vessel at
the onset of each waterborne departure, identification
of weather hazards, and use of National Weather Service
resources prior to operation; and
(B) training for crew to respond to emergency
situations, including flooding, engine compartment
fires, man-overboard situations, and in water emergency
egress procedures.
(d) Consideration.--In issuing the regulations required under
subsection (a), the Commandant shall consider whether personal
flotation devices should be required for the duration of the waterborne
transit of a DUKW-type amphibious passenger vessel.
(e) Interim Requirements.--Beginning on the date on which the
regulations under subsection (a) are issued, the Commandant shall
require that operators of DUKW-type amphibious passenger vessels that
are not in compliance with such regulations shall be subject to the
following requirements:
(1) Remove the canopies and any window coverings of such
vessels for waterborne operations, or install in such vessels a
canopy that does not restrict horizontal or vertical escape by
passengers in the event of flooding or sinking.
(2) If a canopy and window coverings are removed from any
such vessel pursuant to paragraph (1), require that all
passengers wear a personal flotation device approved by the
Coast Guard before the onset of waterborne operations of such
vessel.
(3) Reengineer such vessels to permanently close all
unnecessary access plugs and reduce all through-hull
penetrations to the minimum number and size necessary for
operation.
(4) Install in such vessels independently powered electric
bilge pumps that are capable of dewatering such vessels at the
volume of the largest remaining penetration in order to
supplement an operable Higgins pump or a dewatering pump of
equivalent or greater capacity.
(5) Install in such vessels not fewer than 4 independently
powered bilge alarms.
(6) Conduct an in-water inspection of any such vessel after
each time a through-hull penetration of such vessel has been
removed or uncovered.
(7) Verify through an in-water inspection the watertight
integrity of any such vessel at the outset of each waterborne
departure of such vessel.
(8) Install underwater LED lights that activate
automatically in an emergency.
(9) Otherwise comply with any other provisions of relevant
Coast Guard guidance or instructions in the inspection,
configuration, and operation of such vessels.
SEC. 306. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL PASSENGERS
VESSELS.
(a) Restructuring.--Chapter 305 of title 46, United States Code, is
amended--
(1) by inserting the following before section 30501 the
following:
``Subchapter I--General Provisions'';
(2) by inserting the following before section 30503:
``Subchapter II--Exoneration and Limitation of Liability'';
and
(3) by redesignating sections 30503 through 30512 as
sections 30521 through 30530, respectively.
(b) Definitions.--Section 30501 of title 46, United States Code, is
amended to read as follows:
``Sec. 30501. Definitions
``In this chapter:
``(1) Covered small passenger vessel.--The term `covered
small passenger vessel'--
``(A) means a small passenger vessel, as defined in
section 2101 that is--
``(i) not a wing-in-ground craft; and
``(ii) carrying--
``(I) not more than 49 passengers
on an overnight domestic voyage; and
``(II) not more than 150 passengers
on any voyage that is not an overnight
domestic voyage; and
``(B) includes any wooden vessel constructed prior
to March 11, 1996, carrying at least 1 passenger for
hire.
``(2) Owner.--The term `owner' includes a charterer that
mans, supplies, and navigates a vessel at the charterer's own
expense or by the charterer's own procurement.''.
(c) Clerical Amendment.--The item relating to section 30501 in the
analysis for chapter 305 of title 46, United States Code, is amended to
read as follows:
``30501. Definitions.''.
(d) Applicability.--Section 30502 of title 46, United States Code,
is amended by inserting ``as to covered small passenger vessels, and''
before ``as otherwise provided''.
(e) Provisions Requiring Notice of Claim or Limiting Time for
Bringing Action.--Section 30526 of title 46, United States Code, as
redesignated by subsection (a), is amended--
(1) in subsection (a), by inserting ``and covered small
passenger vessels'' after ``seagoing vessels'';
(2) in subsection (b)(1), by striking ``6 months'' and
inserting ``2 years''; and
(3) in subsection (b)(2), by striking ``one year'' and
inserting ``2 years''.
(f) Tables of Subchapters and Tables of Sections.--The table of
sections for chapter 305 of title 46, United States Code, is amended--
(1) by inserting before section 30501 the following:
``subchapter i--general provisions'';
(2) by inserting after section 30502 the following:
``subchapter ii--exoneration and limitation of liability'';
and
(3) by redesignating the items relating to sections 30503
through 30512 as items relating to sections 30521 through
30530, respectively.
(g) Conforming Amendments.--Title 46, United States Code, is
further amended--
(1) in section 14305(a)(5), by striking ``section 30506''
and inserting ``section 30524'';
(2) in section 30523(a), as redesignated by subsection (a),
by striking ``section 30506'' and inserting ``section 30524'';
(3) in section 30524(b), as redesignated by subsection (a),
by striking ``section 30505'' and inserting ``section 30523'';
and
(4) in section 30525, as redesignated by subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``sections 30505 and 30506'' and inserting
``sections 30523 and 30524'';
(B) in paragraph (1) by striking ``section 30505''
and inserting ``section 30523''; and
(C) in paragraph (2) by striking ``section
30506(b)'' and inserting ``section 30524(b)''.
SEC. 307. AUTOMATIC IDENTIFICATION SYSTEM REQUIREMENTS.
(a) Requirement for Fishing Vessels To Have Automatic
Identification Systems.--Section 70114(a)(1) of title 46, United States
Code, is amended--
(1) by striking ``, while operating on the navigable waters
of the United States,'';
(2) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv);
(3) by inserting before clauses (i) through (iv), as
redesignated by paragraph (2), the following:
``(A) While operating on the navigable waters of the United
States:''; and
(4) by adding at the end the following:
``(B) A vessel of the United States that is more than 65
feet overall in length, while engaged in fishing, fish
processing, or fish tendering operations on the navigable
waters of the United States or in the United States exclusive
economic zone.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Commerce for fiscal year 2022,
$5,000,000, to remain available until expended, to purchase automatic
identification systems for fishing vessels, fish processing vessels,
fish tender vessels more than 50 feet in length, as described under
this section and the amendments made by this section.
Subtitle C--Shipbuilding Program
SEC. 308. QUALIFIED VESSEL.
(a) Eligible Vessel.--Section 53501(2) of title 46, United States
Code, is amended--
(1) in subparagraph (A)(iii) by striking ``and'' at the
end;
(2) in subparagraph (B)(v) by striking the period at the
end and inserting a semicolon; and
(3) by adding at the end the following:
``(C) a ferry, as such term is defined in section
2101; and
``(D) a passenger vessel or small passenger vessel,
as such terms are defined in section 2101, that has a
passenger capacity of 50 passengers or greater.''.
(b) Qualified Vessel.--Section 53501(5) of title 46, United States
Code, is amended--
(1) in subparagraph (A)(iii) by striking ``and'' at the
end;
(2) in subparagraph (B)(v) by striking the period at the
end and inserting a semicolon; and
(3) by adding at the end the following:
``(C) a ferry, as such term is defined in section
2101; and
``(D) a passenger vessel or small passenger vessel,
as such terms are defined in section 2101, that has a
passenger capacity of 50 passengers or greater.''.
SEC. 309. ESTABLISHING A CAPITAL CONSTRUCTION FUND.
Section 53503(b) of title 46, United States Code, is amended by
inserting ``(including transportation on a ferry, passenger vessel, or
small passenger vessel, as such terms are defined in section 2101, that
has a passenger capacity of 50 passengers or greater)'' after ``short
sea transportation''.
TITLE IV--FEDERAL MARITIME COMMISSION
SEC. 401. SHORT TITLE.
This title may be cited as the ``Ocean Shipping Reform Act of
2022''.
SEC. 402. PURPOSES.
Section 40101 of title 46, United States Code, is amended by
striking paragraphs (2) through (4) and inserting the following:
``(2) ensure an efficient and competitive transportation
system for the common carriage of goods by water in the foreign
commerce of the United States that is, as far as possible, in
harmony with fair and equitable international shipping
practices;
``(3) encourage the development of a competitive and
efficient liner fleet of vessels of the United States capable
of meeting national security and commerce needs of the United
States;
``(4) support the growth and development of United States
exports through a competitive and efficient system for the
common carriage of goods by water in the foreign commerce of
the United States and by placing a greater reliance on the
marketplace; and
``(5) promote reciprocal trade in the common carriage of
goods by water in the foreign commerce of the United States.''.
SEC. 403. SERVICE CONTRACTS.
Section 40502 of title 46, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (7) by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (8) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(9) any other essential terms or minimum contract
requirements that the Federal Maritime Commission determines
necessary or appropriate.''; and
(2) by adding at the end the following:
``(g) Service Contract Requirement.--With respect to service
contracts entered into under this section, a common carrier shall
establish, observe, and enforce just and reasonable regulations and
practices relating to essential terms and minimum contract requirements
the Commission determines are necessary or appropriate under subsection
(c)(9).''.
SEC. 404. SHIPPING EXCHANGE REGISTRY.
(a) In General.--Chapter 405 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 40504. Shipping exchange registry
``(a) In General.--No person may operate a shipping exchange
involving ocean transportation in the foreign commerce of the United
States unless the shipping exchange is registered as a national
shipping exchange under the terms and conditions provided in this
section and the regulations issued pursuant to this section.
``(b) Registration.--A person shall register a shipping exchange by
filing with the Federal Maritime Commission an application for
registration in such form as the Commission, by rule, may prescribe
containing the rules of the exchange and such other information and
documents as the Commission, by rule, may prescribe as necessary or
appropriate in the public interest.
``(c) Exemption.--The Commission may exempt, conditionally or
unconditionally, a shipping exchange from registration and licensing
under this section if the Commission finds that the shipping exchange
is subject to comparable, comprehensive supervision and regulation by
the appropriate governmental authorities in the home country of the
shipping exchange.
``(d) Regulations.--In issuing regulations pursuant to subsection
(a), the Commission shall set standards necessary to carry out subtitle
IV for registered national shipping exchanges, including the minimum
requirements for service contracts established under section 40502, and
issue licenses for registered national shipping exchanges.
``(e) Definition.--In this subsection, the term `shipping exchange'
means a platform, digital, over-the-counter or otherwise, which
connects shippers with common carriers (both vessel-operating and non-
vessel-operating) for the purpose of entering into underlying
agreements or contracts for the transport of cargo, by vessel or other
modes of transportation.''.
(b) Applicability.--The registration requirement under section
40504 of title 46, United States Code (as added by this section), shall
take effect on the date on which the Federal Maritime Commission issues
regulations required under subsection (d) of such section.
(c) Clerical Amendment.--The analysis for chapter 405 of title 46,
United States Code, is amended by adding at the end the following:
``40504. Shipping exchange registry.''.
SEC. 405. DATA COLLECTION.
(a) In General.--Chapter 411 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 41110. Data collection
``(a) In General.--Common carriers covered under this chapter shall
submit to the Federal Maritime Commission a calendar quarterly report
that describes the total import and export tonnage and the total loaded
and empty 20-foot equivalent units per vessel (making port in the
United States, including any territory or possession of the United
States) operated by such common carrier.
``(b) Prohibition on Duplication.--Data required to be reported
under subsection (a) may not duplicate information--
``(1) submitted to the Corps of Engineers pursuant to
section 11 of the Act entitled `An Act authorizing the
construction, repair, and preservation of certain public works
on rivers and harbors, and for other purposes', approved
September 22, 1922 (33 U.S.C. 555), by an ocean common carrier
acting as a vessel operator; or
``(2) submitted pursuant to section 481 of the Tariff Act
of 1930 (19 U.S.C. 1481) to U.S. Customs and Border Protection
by merchandise importers.''.
(b) Clerical Amendment.--The analysis for chapter 411 of title 46,
United States Code, is amended by adding at the end the following:
``41110. Data collection.''.
SEC. 406. NATIONAL SHIPPER ADVISORY COMMITTEE.
(a) National Shipper Advisory Committee.--Section 42502(c)(3) of
title 46, United States Code, is amended by inserting ``, including
customs brokers or freight forwarders'' after ``ocean common carriers''
each place such term occurs.
(b) Analysis.--The analysis for chapter 425 of title 46, United
States Code, is amended by inserting before the item relating to
section 42501 the following:
``Sec.''.
SEC. 407. ANNUAL REPORT AND PUBLIC DISCLOSURES.
(a) Report on Foreign Laws and Practices.--Section 46106(b) of
title 46, United States Code, is amended--
(1) in paragraph (5) by striking ``and'' at the end;
(2) in paragraph (6)--
(A) by striking ``under this part'' and inserting
``under chapter 403''; and
(B) by striking the period and inserting a
semicolon; and
(3) by adding at the end the following:
``(7) an identification of any anticompetitive or
nonreciprocal trade practices by ocean common carriers;
``(8) an analysis of any trade imbalance resulting from the
business practices of ocean common carriers, including an
analysis of the data collected under section 41110; and
``(9) an identification of any otherwise concerning
practices by ocean common carriers, particularly such carriers
that are--
``(A) State-owned or State-controlled enterprises;
or
``(B) owned or controlled by, is a subsidiary of,
or is otherwise related legally or financially (other
than a minority relationship or investment) to a
corporation based in a country--
``(i) identified as a nonmarket economy
country (as defined in section 771(18) of the
Tariff Act of ( U.S.C. 1677(18))) as of the
date of enactment of this paragraph;
``(ii) identified by the United States
Trade Representative in the most recent report
required by section 182 of the Trade Act of
1974 (19 U.S.C. 2242) as a priority foreign
country under subsection (a)(2) of that
section; or
``(iii) subject to monitoring by the Trade
Representative under section 306 of the Trade
Act of 1974 (19 U.S.C. 2416).''.
(b) Public Disclosure.--
(1) In general.--Section 46106 of title 46, United States
Code, is amended by adding at the end the following:
``(d) Public Disclosures.--The Federal Maritime Commission shall
publish, and annually update, on the website of the Commission--
``(1) all findings by the Commission of false
certifications by common carriers or marine terminal operators
under section 41104(a)(15); and
``(2) all penalties imposed or assessed against common
carriers or marine terminal operators, as applicable, under
sections 41107, 41108, and 41109, listed by each common carrier
or marine terminal operator.''.
(2) Conforming and clerical amendments.--
(A) Conforming amendment.--The heading for section
46106 of title 46, United States Code, is amended by
inserting ``and public disclosure'' after ``report''.
(B) Clerical amendment.--The analysis for chapter
461 of title 46, United States Code, is amended by
striking the item related to section 46106 and
inserting the following:
``46106. Annual report and public disclosure.''.
SEC. 408. GENERAL PROHIBITIONS.
Section 41102 of title 46, United States Code, is amended by adding
by adding at the end the following:
``(d) Prohibition on Retaliation.--A common carrier, marine
terminal operator, or ocean transportation intermediary, either alone
or in conjunction with any other person, directly or indirectly, may
not retaliate against a shipper, a shipper's agent, or a motor carrier
by refusing, or threatening to refuse, cargo space accommodations when
available, or resort to other unfair or unjustly discriminatory methods
because the shipper has patronized another carrier, has filed a
complaint, or for any other reason.
``(e) Certification.--A common carrier or marine terminal operator
shall not charge any other person demurrage or detention charges under
a tariff, marine terminal schedule, service contract, or any other
contractual obligation unless accompanied by an accurate certification
that such charges comply with all rules and regulations concerning
demurrage or detention issued by the Commission. The certification
requirement only applies to the entity that establishes the charge, and
a common carrier or marine terminal operator that collects a charge on
behalf of another common carrier or marine terminal operator is not
responsible for providing the certification, except that an invoice
from a common carrier or marine terminal operator collecting a charge
on behalf of another must include a certification from the party that
established the charge.''.
SEC. 409. PROHIBITION ON UNREASONABLY DECLINING CARGO.
(a) Unreasonably Declining Cargo.--Section 41104 of title 46,
United States Code, is amended in subsection (a)--
(1) by striking paragraph (3) and inserting the following:
``(3) engage in practices that unreasonably reduce shipper
accessibility to equipment necessary for the loading or
unloading of cargo;'';
(2) in paragraph (12) by striking ``; or'' and inserting a
semicolon;
(3) in paragraph (13) by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
``(14) fail to furnish or cause a contractor to fail to
furnish containers or other facilities and instrumentalities
needed to perform transportation services, including allocation
of vessel space accommodations, in consideration of reasonably
foreseeable import and export demands; or
``(15) unreasonably decline export cargo bookings if such
cargo can be loaded safely and timely, as determined by the
Commandant of the Coast Guard, and carried on a vessel
scheduled for the immediate destination of such cargo.''.
(b) Rulemaking on Unreasonably Declining Cargo.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commission shall initiate a
rulemaking proceeding to define the term ``unreasonably
decline'' for the purposes of subsection (a)(15) of section
41104 of title 46, United States Code (as added by subsection
(a)).
(2) Contents.--The rulemaking under paragraph (1) shall
address the unreasonableness of ocean common carriers
prioritizing the shipment of empty containers while excluding,
limiting, or otherwise reducing the shipment of full, loaded
containers when such containers are readily available to be
shipped and the appurtenant vessel has the weight and space
capacity available to carry such containers if loaded in a safe
and timely manner.
SEC. 410. DETENTION AND DEMURRAGE.
(a) In General.--Section 41104 of title 46, United States Code, is
further amended by adding at the end the following:
``(d) Certification.--Failure of a common carrier to include a
certification under section 41102(e) alongside any demurrage or
detention charge shall eliminate any obligation of the charged party to
pay the applicable charge.
``(e) Demurrage and Detention Practices and Charges.--
Notwithstanding any other provision of law and not later than 30 days
of the date of enactment of this subsection, a common carrier or marine
terminal operator, shall--
``(1) act in a manner consistent with any rules or
regulations concerning demurrage or detention issued by the
Commission;
``(2) maintain all records supporting the assessment of any
demurrage or detention charges for a period of 5 years and
provide such records to the invoiced party or to the Commission
on request; and
``(3) bear the burden of establishing the reasonableness of
any demurrage or detention charges which are the subject of any
complaint proceeding challenging a common carrier or marine
terminal operator demurrage or detention charges as unjust and
unreasonable.
``(f) Penalties for False or Inaccurate Certified Demurrage or
Detention Charges.--In the event of a finding that the certification
under section 41102(e) was inaccurate, or false after submission under
section 41301, penalties under section 41107 shall be applied if the
Commission determines, in a separate enforcement proceeding, such
certification was inaccurate or false.''.
(b) Rulemaking on Detention and Demurrage.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Federal Maritime Commission shall
initiate a rulemaking proceeding to establish rules prohibiting
common carriers and marine terminal operators from adopting and
applying unjust and unreasonable demurrage and detention rules
and practices.
(2) Contents.--The rulemaking under paragraph (1) shall
address the issues identified in the final rule published on
May 18, 2020, titled ``Interpretive Rule on Demurrage and
Detention Under the Shipping Act'' (85 Fed. Reg. 29638),
including the following:
(A) Establishing clear and uniform definitions for
demurrage, detention, cargo availability for retrieval
and associated free time, and other terminology used in
the rule, including establishing a definition for cargo
availability for retrieval that accounts for government
inspections.
(B) Establishing that demurrage and detention rules
are not independent revenue sources but incentivize
efficiencies in the ocean transportation network,
including the retrieval of cargo and return of
equipment.
(C) Prohibiting the consumption of free time or
collection of demurrage and detention charges when
obstacles to the cargo retrieval or return of equipment
are within the scope of responsibility of the carrier
or their agent and beyond the control of the invoiced
or contracting party.
(D) Prohibiting the commencement or continuation of
free time unless cargo is available for retrieval and
timely notice of cargo availability has been provided.
(E) Prohibiting the consumption of free time or
collection of demurrage charges when marine terminal
appointments are not available during the free time
period.
(F) Prohibiting the consumption of free time or
collection of detention charges on containers when the
marine terminal required for return is not open or
available.
(G) Requiring common carriers to provide timely
notice of--
(i) cargo availability after vessel
discharge;
(ii) container return locations; and
(iii) advance notice for container early
return dates.
(H) Establishing minimum billing requirements,
including timeliness and supporting information that
shall be included in or with invoices for demurrage and
detention charges that will allow the invoiced party to
validate the charges.
(I) Requiring common carriers and marine terminal
operators to establish reasonable dispute resolution
policies and practices.
(J) Establishing the responsibilities of shippers,
receivers, and draymen with respect to cargo retrieval
and equipment return.
(K) Clarifying rules for the invoicing of parties
other than the shipper for any demurrage, detention, or
other similar per container charges, including
determining whether such parties should be billed at
all.
(c) Rulemaking on Minimum Service Standards.--Not later than 90
days after the date of enactment of this Act, the Commission shall
initiate a rulemaking proceeding to incorporate subsections (d) through
(f) of 41104 of title 46, United States Code, (as added by section 410)
which shall include the following:
(1) The obligation to adopt reasonable rules and practices
related to or connected with the furnishing and allocation of
adequate and suitable equipment, vessel space accommodations,
containers, and other instrumentalities necessary for the
receiving, loading, carriage, unloading and delivery of cargo.
(2) The duty to perform the contract of carriage with
reasonable dispatch.
(3) The requirement to carry United States export cargo if
such cargo can be loaded safely and timely, as determined by
the Commandant of the Coast Guard, and carried on a vessel
scheduled for such cargo's immediate destination.
(4) The requirement of ocean common carriers to establish
contingency service plans to address and mitigate service
disruptions and inefficiencies during periods of port
congestion and other market disruptions.
SEC. 411. ASSESSMENT OF PENALTIES.
(a) Assessment of Penalties.--Section 41109 of title 46, United
States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or, in addition to or in lieu of
a civil penalty, order the refund of money'' after
``this part''; and
(B) by inserting ``or refund of money'' after
``conditions, a civil penalty'';
(2) in subsection (c) by inserting ``or refund of money''
after ``civil penalty'';
(3) in subsection (e) by inserting ``or order a refund of
money'' after ``civil penalty''; and
(4) in subsection (f) by inserting ``or who is ordered to
refund money'' after ``civil penalty is assessed''.
(b) Additional Penalties.--Section 41108(a) of title 46, United
States Code, is amended by striking ``section 41104(1), (2), or (7)''
and inserting ``subsections (d) or (e) of section 41102 or paragraph
(1), (2), (7), (14), or (15) of section 41104(a)''.
(c) Conforming Amendment.--Section 41309 of title 46, United States
Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or refund of money'' after
``payment of reparation''; and
(B) by inserting ``or to whom the refund of money
was ordered'' after ``award was made''; and
(2) in subsection (b) by inserting ``or refund of money''
after ``award of reparation''.
(d) Award of Reparations.--Section 41305(c) of title 46, United
States Code, is amended--
(1) by inserting ``or (c)'' after ``41102(b)''; and
(2) by inserting ``, or if the Commission determines that a
violation of section 41102(e) was made willfully or knowingly''
after ``of this title''.
SEC. 412. INVESTIGATIONS.
Section 41302 of title 46, United States Code, is amended by
striking ``or agreement'' and inserting ``, agreement, fee, or
charge''.
SEC. 413. INJUNCTIVE RELIEF.
Section 41307(b) to title 46, United States Code, is amended--
(1) in paragraph (3)--
(A) in the heading by striking ``and third
parties''; and
(B) by striking the second sentence; and
(2) by adding at the end the following:
``(5) Third party intervention.--The court may allow a
third party to intervene in a civil action brought under this
section.''.
SEC. 414. TECHNICAL AMENDMENTS.
(a) Federal Maritime Commission.--The analysis for chapter 461 of
title 46, United States Code, is amended by striking the first item
relating to chapter 461.
(b) Assessment of Penalties.--Section 41109(c) of title 46, United
States Code, is amended by striking ``section 41104(1) or (2)'' and
inserting ``paragraph (1) or (2) of section 41104(a)''.
(c) National Shipper Advisory Committee.--Section 42502(c)(3) of
title 46, United States Code is amended by striking ``Representation''
and all that follows through ``Members'' and inserting
``Representation.--Members''.
SEC. 415. AUTHORIZATION OF APPROPRIATIONS.
Section 46108 of title 46, United States Code, is amended by
striking ``$29,086,888 for fiscal year 2020 and $29,639,538 for fiscal
year 2021'' and inserting ``$32,603,492 for fiscal year 2022 and
$35,863,842 for fiscal year 2023''.
SEC. 416. NAS STUDY ON SUPPLY CHAIN INDUSTRY.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Transportation shall seek to enter into
an agreement with the National Academy of Sciences under which the
National Academy shall conduct a study on the United States supply
chain that examines data constraints that impede the flow of maritime
cargo and add to supply chain inefficiencies and that identifies data
sharing systems that can be employed to improve the functioning of the
United States supply chain.
(b) Contents.--The study required under subsection (a) shall
include--
(1) the identification of where bottlenecks or chokepoints
are most prominent within the United States supply chain;
(2) the identification of what common shipping data is
created with each hand-off of a container through the United
States supply chain and how such data is stored and shared;
(3) the identification of critical data elements used by
any entity covered by subsection (c), including the key
elements used for various supply chain business processes;
(4) a review of the methodology used to store, access, and
disseminate shipping data across the United States supply chain
and evaluation of the inefficiencies in such methodology;
(5) an analysis of existing and potential impediments to
the free flow of information among entities covered by
subsection (c), including--
(A) identification of barriers that prevent
carriers, terminals, and shippers from having access to
commercial data; and
(B) any inconsistencies in--
(i) terminology used across data elements
connected to the shipment, arrival, and
unloading of a shipping container; and
(ii) the classification systems used across
the United States supply chain, including
inconsistencies in the names of entities
covered by subsection (c), geographical names,
and terminology;
(6) the identification of information to be included in an
improved data sharing system designed to plan, execute, and
monitor the optimal loading and unloading of maritime cargo;
and
(7) the identification of existing software and data
sharing platforms available to facilitate propagation of
information to all agents involved in the loading and unloading
of maritime cargo and evaluate the effectiveness of such
software and platforms if implemented.
(c) Collection of Information.--In conducting the study required
under subsection (a), the National Academy of Sciences shall collect
information from--
(1) vessel operating common carriers and non-vessel
operating common carriers;
(2) marine terminal operators;
(3) commercial motor vehicle operators;
(4) railroad carriers;
(5) chassis providers;
(6) ocean transportation intermediaries;
(7) custom brokers;
(8) freight forwarders;
(9) shippers and cargo owners;
(10) the National Shipper Advisory Committee;
(11) relevant government agencies, such as the Federal
Maritime Commission, the Surface Transportation Board, and the
United States Customs and Border Protection;
(12) to the extent practicable, representatives of foreign
countries and maritime jurisdictions outside of the United
States; and
(13) any other entity involved in the transportation of
ocean cargo and the unloading of cargo upon arrival at a port.
(d) Facilitation of Data Sharing.--In carrying out the study under
subsection (a), the National Academy of Sciences may solicit
information from any relevant agency relating to the United States
supply chain.
(e) Report.--Not later than 18 months after entering into an
arrangement with the Secretary under subsection (a), the National
Academy of Sciences shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, and make available
on a publicly accessible website, a report containing--
(1) the study required under subsection (a);
(2) the information collected under subsections (b) and
(c), excluding any personally identifiable information or
sensitive business information; and
(3) any recommendations for--
(A) common data standards to be used in the United
States supply chain; and
(B) policies and protocols that would streamline
information sharing across the United States supply
chain.
SEC. 417. TEMPORARY EMERGENCY AUTHORITY.
(a) Public Input on Information Sharing.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Federal Maritime Commission shall
issue a request for information seeking public comment
regarding--
(A) whether congestion of the common carriage of
goods has created an emergency situation of a magnitude
such that there exists a substantial adverse effect on
the competitiveness and reliability of the
international ocean transportation supply system;
(B) whether an emergency order described in
subsection (b) would alleviate such an emergency
situation; and
(C) the appropriate scope of such an emergency
order, if applicable.
(2) Consultation.--During the public comment period under
paragraph (1), the Commission may consult, as the Commission
determines to be appropriate, with--
(A) other Federal departments and agencies; and
(B) persons with expertise relating to maritime and
freight operations.
(b) Authority to Issue Emergency Order Requiring Information
Sharing.--On making a unanimous determination described in subsection
(c), the Commission may issue an emergency order requiring any common
carrier or marine terminal operator to share directly with relevant
shippers, rail carriers, or motor carriers information relating to
cargo throughput and availability, in order to ensure the efficient
transportation, loading, and unloading of cargo to or from--
(1) any inland destination or point of origin;
(2) any vessel; or
(3) any point on a wharf or terminal.
(c) Description of Determination.--
(1) In general.--A determination referred to in subsection
(b) is a unanimous determination by the Commission that
congestion of common carriage of goods has created an emergency
situation of a magnitude such that there exists a substantial
adverse effect on the competitiveness and reliability of the
international ocean transportation supply system.
(2) Factors for consideration.--In issuing an emergency
order under subsection (b), the Commission shall ensure that
such order includes parameters relating to temporal and
geographic scope, taking into consideration the likely burdens
on ocean carriers and marine terminal operators and the likely
benefits on congestion relating to the purposes described in
section 40101 of title 46, United States Code.
(d) Petitions for Exception.--
(1) In general.--A common carrier or marine terminal
operator subject to an emergency order issued under this
section may submit to the Commission a petition for exception
from 1 or more requirements of the emergency order, based on a
showing of undue hardship or other condition rendering
compliance with such a requirement impractical.
(2) Determination.--Not later than 21 days after the date
on which a petition for exception under paragraph (1) is
submitted, the Commission shall determine whether to approve or
deny such petition by majority vote.
(3) Inapplicability pending review.--The requirements of an
emergency order that is the subject of a petition for exception
under this subsection shall not apply to a petitioner during
the period for which the petition is pending.
(e) Limitations.--
(1) Term.--An emergency order issued under this section
shall remain in effect for a period of not longer than 60 days.
(2) Renewal.--The Commission may renew an emergency order
issued under this section for an additional term by a unanimous
determination by the Commission.
(f) Sunset.--The authority provided by this section shall terminate
on the date that is 2 years after the date of enactment of this Act.
(g) Definitions.--In this section:
(1) Common carrier.--The term ``common carrier'' has the
meaning given such term in section 40102 of title 46, United
States Code.
(2) Motor carrier.--The term ``motor carrier'' has the
meaning given such term in section 13102 of title 49, United
States Code.
(3) Rail carrier.--The term ``rail carrier'' has the
meaning given such term in section 10102 of title 49, United
States Code.
(4) Shipper.--The term ``shipper'' has the meaning given
such term in section 40102 of title 46, United States Code.
SEC. 418. TERMS AND VACANCIES.
Section 46101(b) of title 46, United States Code, is amended by--
(1) in paragraph (2)--
(A) by striking ``one year'' and inserting ``2
years''; and
(B) by striking ``2 terms'' and inserting ``3
terms''; and
(2) in paragraph (3)--
(A) by striking ``of the individual being
succeeded'' and inserting ``to which such individual is
appointed'';
(B) by striking ``2 terms'' and inserting ``3
terms''; and
(C) by striking ``the predecessor of that'' and
inserting ``such''.
TITLE V--MISCELLANEOUS
Subtitle A--Navigation
SEC. 501. RESTRICTION ON CHANGING SALVORS.
Section 311(c)(3) of the Federal Water Pollution Control Act (33
U.S.C. 1321(c)(3)) is amended by adding at the end the following:
``(C) An owner or operator may not change salvors as part
of a deviation under subparagraph (B) in cases in which the
original salvor satisfies the Coast Guard requirements in
accordance with the National Contingency Plan and the
applicable response plan required under subsection (j).
``(D) In any case in which the Coast Guard authorizes a
deviation from the salvor as part of a deviation under
subparagraph (B) from the applicable response plan required
under subsection (j), the Commandant shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing the deviation
and the reasons for such deviation.''.
SEC. 502. PROVIDING REQUIREMENTS FOR VESSELS ANCHORED IN ESTABLISHED
ANCHORAGE GROUNDS.
(a) In General.--Section 70006 of title 46, United States Code, is
amended to read as follows:
``Sec. 70006. Anchorage grounds
``(a) Anchorage Grounds.--
``(1) Establishment.--The Secretary of the department in
which the Coast Guard is operating shall define and establish
anchorage grounds in the navigable waters of the United States
for vessels operating in such waters.
``(2) Relevant factors for establishment.--In carrying out
paragraph (1), the Secretary shall take into account all
relevant factors concerning navigational safety, protection of
the marine environment, proximity to undersea pipelines and
cables, safe and efficient use of Marine Transportation System,
and national security.
``(b) Vessel Requirements.--Vessels, of certain sizes or type
determined by the Secretary, shall--
``(1) set and maintain an anchor alarm for the duration of
an anchorage;
``(2) comply with any directions or orders issued by the
Captain of the Port; and
``(3) comply with any applicable anchorage regulations.
``(c) Prohibitions.--A vessel may not--
``(1) anchor in any Federal navigation channel unless
authorized or directed to by the Captain of the Port;
``(2) anchor in near proximity, within distances determined
by the Coast Guard, to an undersea pipeline or cable, unless
authorized or directed to by the Captain of the Port; and
``(3) anchor or remain anchored in an anchorage ground
during any period in which the Captain of the Port orders
closure of the anchorage ground due to inclement weather,
navigational hazard, a threat to the environment, or other
safety or security concern.
``(d) Safety Exception.--Nothing in this section shall be construed
to prevent a vessel from taking actions necessary to maintain the
safety of the vessel or to prevent the loss of life or property.''.
(b) Regulatory Review.--
(1) Review required.--Not later than 1 year after the date
of enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall complete a review of
existing anchorage regulations and identify regulations that
may need modification--
(A) in the interest of marine safety, security, and
environmental concerns, taking into account undersea
pipelines, cables, or other infrastructure; and
(B) to implement the amendments made by this
section.
(2) Briefing.--Upon completion of the review under
paragraph (1), but not later than 2 years after the date of
enactment of this Act, the Secretary shall provide a briefing
to the Committee on Commerce, Science, and Transportation of
the Senate and the Subcommittee on Coast Guard and Maritime
Transportation of the Committee on Transportation and
Infrastructure of the House of Representatives that summarizes
the review.
(c) Clerical Amendment.--The table of sections for chapter 700 of
title 46, United States Code, is amended by striking the item relating
to section 70006 and inserting the following:
``70006. Anchorage grounds.''.
(d) Applicability of Regulations.--The amendments made by
subsection (a) may not be construed to alter any existing rules,
regulations, or final agency actions issued under section 70006 of
title 46, United States Code, as in effect on the day before the date
of enactment of this Act until all regulations required under
subsection (b) take effect.
SEC. 503. AQUATIC NUISANCE SPECIES TASK FORCE.
(a) Recreational Vessel Defined.--Section 1003 of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is
amended--
(1) by redesignating paragraphs (13) through (17) as
paragraphs (15) through (19), respectively; and
(2) by inserting after paragraph (12) the following:
``(13) `State' means each of the several States, the
District of Columbia, American Samoa, Guam, Puerto Rico, the
Northern Mariana Islands, and the Virgin Islands of the United
States;
``(14) `recreational vessel' has the meaning given that
term in section 502 of the Federal Water Pollution Control Act
(33 U.S.C. 1362);''.
(b) Observers.--Section 1201 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4721) is amended by
adding at the end the following:
``(g) Observers.--The chairpersons designated under subsection (d)
may invite representatives of nongovernmental entities to participate
as observers of the Task Force.''.
(c) Aquatic Nuisance Species Task Force.--Section 1201(b) of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4721(b)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (10); and
(3) by inserting after paragraph (6) the following:
``(7) the Director of the National Park Service;
``(8) the Director of the Bureau of Land Management;
``(9) the Commissioner of Reclamation; and''.
(d) Aquatic Nuisance Species Program.--Section 1202 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4722) is amended--
(1) in subsection (e) by adding at the end the following:
``(4) Technical assistance and recommendations.--The Task
Force may provide technical assistance and recommendations for
best practices to an agency or entity engaged in vessel
inspections or decontaminations for the purpose of--
``(A) effectively managing and controlling the
movement of aquatic nuisance species into, within, or
out of water of the United States; and
``(B) inspecting recreational vessels in a manner
that minimizes disruptions to public access for boating
and recreation in non-contaminated vessels.
``(5) Consultation.--In carrying out paragraph (4),
including the development of recommendations, the Task Force
may consult with--
``(A) State fish and wildlife management agencies;
``(B) other State agencies that manage fishery
resources of the State or sustain fishery habitat; and
``(C) relevant nongovernmental entities.''; and
(2) in subsection (k) by adding at the end the following:
``(3) Not later than 90 days after the date of enactment of
the Don Young Coast Guard Authorization Act of 2022, the Task
Force shall submit a report to Congress recommending
legislative, programmatic, or regulatory changes to eliminate
remaining gaps in authorities between members of the Task Force
to effectively manage and control the movement of aquatic
nuisance species.''.
(e) Technical Corrections and Conforming Amendments.--The
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4701 et seq.) is further amended--
(1) in section 1002(b)(2), by inserting a comma after
``funded'';
(2) in section 1003, in paragraph (7), by striking
``Canandian'' and inserting ``Canadian'';
(3) in section 1203(a)--
(A) in paragraph (1)(F), by inserting ``and'' after
``research,''; and
(B) in paragraph (3), by striking ``encourage'' and
inserting ``encouraged'';
(4) in section 1204(b)(4), in the paragraph heading, by
striking ``Adminisrative'' and inserting ``Administrative'';
and
(5) in section 1209, by striking ``subsection (a)'' and
inserting ``section 1202(a)''.
SEC. 504. LIMITATION ON RECOVERY FOR CERTAIN INJURIES INCURRED IN
AQUACULTURE ACTIVITIES.
(a) In General.--Section 30104 of title 46, United States Code, is
amended--
(1) by inserting ``(a) In General.--'' before the first
sentence; and
(2) by adding at the end the following:
``(b) Limitation on Recovery by Aquaculture Workers.--
``(1) In general.--For purposes of subsection (a), the term
`seaman' does not include an individual who--
``(A) is an aquaculture worker if State workers'
compensation is available to such individual; and
``(B) was, at the time of injury, engaged in
aquaculture in a place where such individual had lawful
access.
``(2) Aquaculture worker defined.--In this subsection, the
term `aquaculture worker' means an individual who--
``(A) is employed by a commercial enterprise that
is involved in the controlled cultivation and harvest
of aquatic plants and animals, including--
``(i) the cleaning, processing, or canning
of fish and fish products;
``(ii) the cultivation and harvesting of
shellfish; and
``(iii) the controlled growing and
harvesting of other aquatic species;
``(B) does not hold a license issued under section
7101(c); and
``(C) is not required to hold a merchant mariner
credential under part F of subtitle II.''.
(b) Applicability.--The amendments made by this section shall apply
to an injury incurred on or after the date of enactment of this Act.
Subtitle B--Other Matters
SEC. 505. INFORMATION ON TYPE APPROVAL CERTIFICATES.
(a) In General.--Title IX of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by adding at
the end the following:
``SEC. 904. INFORMATION ON TYPE APPROVAL CERTIFICATES.
``The Commandant of the Coast Guard shall, upon request by any
State, the District of Columbia, or territory of the United States,
provide all data possessed by the Coast Guard pertaining to challenge
water quality characteristics, challenge water biological organism
concentrations, post-treatment water quality characteristics, and post-
treatment biological organism concentrations data for a ballast water
management system with a type approval certificate approved by the
Coast Guard pursuant to subpart 162.060 of title 46, Code of Federal
Regulations.''.
(b) Clerical Amendment.--The table of contents for the Frank
LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-282) is
amended by inserting after the item relating to section 903 the
following:
``904. Information on type approval certificates.''.
SEC. 506. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.
Section 3507(k)(1) of title 46, United States Code, is amended--
(1) in subparagraph (A) by striking ``at least 250'' and
inserting ``250 or more''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) has overnight accommodations for 250 or more
passengers; and''.
SEC. 507. CARGO WAITING TIME REDUCTION.
(a) Interagency Task Force.--The President shall, acting through
the Supply Chain Disruptions Task Force established under Executive
Order 14017 (relating to supply chains) of February 24, 2021 (86 Fed.
Reg. 11849) (hereinafter referred to as the ``Task Force''), carry out
the duties described in subsection (c).
(b) Duties.--In carrying out this section, the Task Force shall--
(1) evaluate and quantify the economic and environmental
impact of cargo backlogs;
(2) evaluate and quantify the costs incurred by each
Federal agency represented on the Task Force, and by State and
local governments, due to such cargo backlogs;
(3) evaluate the responses of each such Federal agency to
such cargo backlogs; and
(4) not later than 90 days after the date of enactment of
this Act--
(A) develop a plan to--
(i) significantly reduce or eliminate such
cargo backlog; and
(ii) reduce nationwide cargo processing
delays, including the Port of Los Angeles and
the Port of Long Beach; and
(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report containing the plan developed under
subparagraph (A).
(c) Report of the Commandant.--No later than 90 days after the date
of enactment of this Act, the Commandant of the Coast Guard shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on cargo backlogs that includes--
(1) an explanation of the extent to which vessels carrying
cargo are complying with the requirements of chapter 700 of
title 46, United States Code;
(2) the status of the investigation on the cause of the oil
spill that occurred in October 2021 on the waters over the San
Pedro Shelf related to an anchor strike, including the expected
date on which the Marine Casualty Investigation Report with
respect to such spill will be released; and
(3) with respect to such vessels, a summary of actions
taken or planned to be taken by the Commandant to--
(A) provide additional protections against oil
spills caused by anchor strikes; and
(B) address other safety concerns and environmental
impacts.
SEC. 508. LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL RESPONSE
CONTRACTS.
(a) In General.--Subject to subsections (b) and (c), a contract for
the containment or removal of a discharge entered into by the President
under section 311(c) of the Federal Water Pollution Control Act (33
U.S.C. 1321(c)) shall contain a provision to indemnify a contractor for
liabilities and expenses incidental to the containment or removal
arising out of the performance of the contract that is substantially
identical to the terms contained in subsections (d) through (h) of
section H.4 (except for paragraph (1) of subsection (d)) of the
contract offered by the Coast Guard in the solicitation numbered
DTCG89-98- A-68F953, dated November 17, 1998.
(b) Requirements.--
(1) Source of funds.--The provision required under
subsection (a) shall include a provision that the obligation to
indemnify is limited to funds available in the Oil Spill
Liability Trust Fund established by section 9509(a) of the
Internal Revenue Code of 1986 at the time the claim for
indemnity is made.
(2) Uncompensated removal.--A claim for indemnity under a
contract described in subsection (a) shall be made as a claim
for uncompensated removal costs under section 1012(a)(4) of the
Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)).
(3) Limitation.--The total indemnity for a claim under a
contract described in subsection (a) may not be more than
$50,000 per incident.
(c) Applicability of Exemptions.--Notwithstanding subsection (a),
the United States shall not be obligated to indemnify a contractor for
any act or omission of the contractor carried out pursuant to a
contract entered into under this section where such act or omission is
grossly negligent or which constitutes willful misconduct.
SEC. 509. PORT COORDINATION COUNCIL FOR POINT SPENCER.
Section 541 of the Coast Guard Authorization Act of 2016 (Public
Law 114-120) is amended--
(1) in subsection (b) by striking paragraphs (1) and (2)
and inserting the following:
``(1) BSNC (to serve as Council Chair).
``(2) The Secretary of Homeland Security.
``(3) An Oil Spill Response Organization that serves the
area in which such Port is located.
``(4) The State.'';
(2) in subsection (c)(1)--
(A) in subparagraph (B) by adding ``and'' at the
end; and
(B) by striking subparagraphs (C) and (D) and
inserting the following:
``(C) land use planning and development at Point
Spencer in support of the following activities within
the Bearing Sea, the Chukchi Sea, and the Arctic Ocean:
``(i) Search and rescue.
``(ii) Shipping safety.
``(iii) Economic development.
``(iv) Oil spill prevention and response.
``(v) National security.
``(vi) Major marine casualties.
``(vii) Protection of Alaska Native
archaeological and cultural resources.
``(viii) Port of refuge, arctic research,
and maritime law enforcement.'';
(3) by amending subsection (c)(3) to read as follows:
``(3) Facilitate coordination among members of the Council
on the development and use of the land and coastline of Point
Spencer, as such development and use relate to activities of
the Council at the Port of Point Spencer.''; and
(4) in subsection (e)--
(A) by striking ``Operations and management costs''
and inserting the following:
``(1) Determination of costs.--Operations and management
costs''; and
(B) by adding at the end the following:
``(2) Funding.--To facilitate the mooring buoy system in
Port Clarence and to assist the Council in the development of
other oil spill prevention and response infrastructure,
including reactivating the airstrip at Point Spencer with
appropriate technology and safety equipment in support of
response operations, there is authorized to be made available
$5,000,000 for each of fiscal years 2023 through 2025 from the
interest generated from the Oil Spill Liability Trust Fund.''.
SEC. 510. WESTERN ALASKA OIL SPILL PLANNING CRITERIA.
(a) Western Alaska Oil Spill Planning Criteria.--Section 311(j)(5)
of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)) is
amended by adding at the end the following:
``(J)(i) Except as provided in clause (iv)
(including with respect to Cook Inlet), in any case in
which the Secretary has determined that the national
planning criteria established pursuant to this
subsection are inappropriate for a vessel operating in
the area of responsibility of the Western Alaska
Captain of the Port Zone, a response plan required
under this paragraph with respect to a discharge of oil
for the vessel shall comply with the planning criteria
established under clause (ii), which planning criteria
shall, with respect to a discharge of oil from the
vessel, apply in lieu of any alternative planning
criteria approved for vessels operating in such area.
``(ii) The President shall establish planning
criteria for a worst case discharge of oil, and a
substantial threat of such a discharge, within the area
of responsibility of Western Alaska Captain of the Port
Zone, including planning criteria for the following:
``(I) Oil spill response resources that are
required to be located within such area.
``(II) Response times for mobilization of
oil spill response resources and arrival on the
scene of a worst case discharge of oil, or
substantial threat of such a discharge,
occurring within such area.
``(III) Pre-identified vessels for oil
spill response that are capable of operating in
the ocean environment and required to be
located within such area.
``(IV) Real-time continuous vessel
tracking, monitoring, and engagement protocols
that detect and address vessel operation
anomalies.
``(V) Vessel routing measures consistent
with international routing measure deviation
protocols.
``(VI) Ensuring the availability of at
least one oil spill removal organization that
is classified by the Coast Guard and that--
``(aa) is capable of responding in
all operating environments in such
area;
``(bb) controls oil spill response
resources of dedicated and nondedicated
resources within such area, through
ownership, contracts, agreements, or
other means approved by the President,
sufficient to mobilize and sustain a
response to a worst case discharge of
oil and to contain, recover, and
temporarily store discharged oil; and
``(cc) has pre-positioned oil spill
response resources in strategic
locations throughout such area in a
manner that ensures the ability to
support response personnel, marine
operations, air cargo, or other related
logistics infrastructure.
``(VII) Temporary storage capability using
both dedicated and non-dedicated assets located
within such area.
``(VIII) Non-mechanical oil spill response
resources, to be available under contracts,
agreements, or other means approved by the
President, capable of responding to both a
discharge of persistent oil and a discharge of
non-persistent oil, whether the discharged oil
was carried by a vessel as fuel or cargo.
``(IX) With respect to tank barges carrying
non-persistent oil in bulk as cargo, oil spill
response resources that are required to be
carried on board.
``(X) Ensuring that oil spill response
resources required to comply with this
subparagraph are separate from and in addition
to resources otherwise required to be included
in a response plan for purposes of compliance
with salvage and marine firefighting planning
requirements under this subsection.
``(XI) Specifying a minimum length of time
that approval of a response plan under this
subparagraph is valid.
``(XII) Ensuring compliance with
requirements for the preparation and submission
of vessel response plans established by
regulations pursuant to this paragraph.
``(iii) The President may approve a response plan
for a vessel under this subparagraph only if the owner
or operator of the vessel demonstrates the availability
of the oil spill response resources required to be
included in the response plan under the planning
criteria established under clause (ii).
``(iv) Nothing in this subparagraph affects--
``(I) the requirements under this
subsection applicable to vessel response plans
for vessels operating within the area of
responsibility of the Western Alaska Captain of
the Port Zone within Cook Inlet, Alaska;
``(II) the requirements applicable to tank
vessels operating within Prince William Sound
Captain of the Port Zone that are subject to
section 5005 of the Oil Pollution Act of 1990
(33 U.S.C. 2735); or
``(III) the authority of a Federal On-Scene
Coordinator to use any available resources when
responding to an oil spill.
``(v) The Secretary shall review any determination
that the national planning criteria are inappropriate
for a vessel operating in the area of responsibility of
Western Alaska Captain of the Port Zone not less
frequently than once every five years.
``(vi) For purposes of this subparagraph, the term
`Western Alaska Captain of the Port Zone' means the
area described in section 3.85-15 of title 33, Code of
Federal Regulations, as in effect on the date of
enactment of this subparagraph.''.
(b) Establishment of Alaska Oil Spill Planning Criteria.--
(1) Deadline.--Not later than 2 years after the date of
enactment of this Act, the President shall establish the
planning criteria required to be established under subparagraph
(J) of section 311(j)(5) of the Federal Water Pollution Control
Act of (33 U.S.C. 1321(j)(5)), as added by this section.
(2) Consultation.--In establishing such planning criteria,
the President shall consult with the State of Alaska, owners
and operators of vessels subject to such planning criteria, oil
spill removal organizations, Alaska Native organizations, and
environmental nongovernmental organizations located within the
State of Alaska.
(3) Vessels in cook inlet.--Unless otherwise authorized by
the Secretary of the department in which the Coast Guard, a
vessel may only operate in Cook Inlet, Alaska, under a vessel
response plan that meets the requirements of the national
planning criteria established pursuant to section 311(j)(5) of
the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)).
(c) Congressional Report.--Not later than one year after the date
of enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall submit to Congress a report regarding
the status of implementing the requirements of subparagraph (J) of
section 311(j)(5) of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)(5)), as added by this section.
SEC. 511. NONAPPLICABILITY.
Requirements under sections 3507(d), 3507(e), 3508, and 3509 of
title 46, United States Code, shall not apply to the passenger vessel
American Queen (U.S. Coast Guard Official Number 1030765) or any other
passenger vessel--
(1) on which construction identifiable with the specific
vessel begins prior to the date of enactment of this Act; and
(2) to which sections 3507 and 3508 would otherwise apply
when such vessels are operating inside the boundary line.
SEC. 512. REPORT ON ENFORCEMENT OF COASTWISE LAWS.
The Commandant of the Coast Guard shall submit to Congress a report
describing any changes to the enforcement of chapters 121 and 551 of
title 46, United States Code, as a result of the amendments to section
4(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(1))
made by section 9503 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283).
SEC. 513. LAND CONVEYANCE, SHARPE ARMY DEPOT, LATHROP, CALIFORNIA.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Maritime Administration shall complete the land
conveyance required under section 2833 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
SEC. 514. CENTER OF EXPERTISE FOR MARINE ENVIRONMENTAL RESPONSE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commandant of the Coast Guard, in consultation with
the Administrator of the National Oceanic and Atmospheric
Administration, shall establish a Center of Expertise for Marine
Environmental Response (referred to in this section as the ``Center of
Expertise'') in accordance with section 313 of title 14, United States
Code.
(b) Location.--The Center of Expertise shall be located in close
proximity to--
(1) an area of the country with quick access to State,
Federal, and international waters, port and marine
environments, coastal and estuary environments, and the
intercoastal waterway;
(2) multiple Coast Guard sea and air stations;
(3) multiple Federal agencies that are engaged in coastal
and fisheries management;
(4) one or more designated national estuaries;
(5) State coastal and wildlife management agencies; and
(6) an institution of higher education with adequate marine
science search laboratory facilities and capabilities and
expertise in coastal marine ecology, ecosystems, environmental
chemistry, fish and wildlife management, coastal mapping, water
resources, and marine technology development.
(c) Functions.--The Center of Expertise shall--
(1) monitor and assess, on an ongoing basis, the state of
knowledge regarding training, education, and technology
development for marine environmental response protocols in
State, Federal, and international waters, port and marine
environments, coastal and estuary environments, and the
intercoastal waterway;
(2) identify any significant gaps in research related to
marine environmental response protocols, including an
assessment of major scientific or technological deficiencies in
responses to past incidents in these waterways that are
interconnected, and seek to fill such gaps;
(3) conduct research, development, testing, and evaluation
for marine environmental response equipment, technologies, and
techniques to mitigate and respond to environmental incidents
in these waterways;
(4) educate and train Federal, State, and local first
responders in--
(A) the incident command system structure;
(B) marine environmental response techniques and
strategies; and
(C) public affairs; and
(5) work with academic and private sector response training
centers to develop and standardize marine environmental
response training and techniques.
(d) Marine Environmental Response Defined.--In this section, the
term ``marine environmental response'' means any response to incidents
that--
(1) impacts--
(A) the marine environment of State, Federal or
international waterways;
(B) port and marine environments;
(C) coastal and estuary environments; or
(D) the intercoastal waterway; and
(2) promotes--
(A) the protection and conservation of the marine
environment;
(B) the health of fish, animal populations, and
endangered species; and
(C) the resilience of coastal ecosystems and
infrastructure.
SEC. 515. PROHIBITION ON ENTRY AND OPERATION.
(a) Prohibition.--
(1) In general.--Except as otherwise provided in this
section, during the period in which Executive Order 14065 (87
Fed. Reg. 10293, relating to blocking certain Russian property
or transactions), or any successor Executive Order is in
effect, no vessel described in subsection (b) may enter or
operate in the navigable waters of the United States or
transfer cargo in any port or place under the jurisdiction of
the United States.
(2) Limitations on application.----
(A) In general.--The prohibition under paragraph
(1) shall not apply with respect to vessel described in
subsection (b) if the Secretary of State determines
that--
(i) the vessel is owned or operated by a
Russian national or operated by the government
of the Russian Federation; and
(ii) it is in the national security
interest not to apply the prohibition to such
vessel.
(B) Notice.--Not later than 15 days after making a
determination under subparagraph (A), the Secretary of
State shall submit to the Committee on Foreign Affairs
and the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Foreign Relations and the Committee on Commerce,
Science, and Transportation of the Senate written
notice of the determination and the basis upon which
the determination was made.
(C) Publication.--The Secretary of State shall
publish a notice in the Federal Register of each
determination made under subparagraph (A).
(b) Vessels Described.--A vessel referred to in subsection (a) is a
vessel owned or operated by a Russian national or operated by the
government of the Russian Federation.
(c) Information and Publication.--The Secretary of the department
in which the Coast Guard is operating, with the concurrence of the
Secretary of State, shall--
(1) maintain timely information on the registrations of all
foreign vessels owned or operated by or on behalf of the
Government of the Russian Federation, a Russian national, or a
entity organized under the laws of the Russian Federation or
any jurisdiction within the Russian Federation; and
(2) periodically publish in the Federal Register a list of
the vessels described in paragraph (1).
(d) Notification of Governments.--
(1) In general.--The Secretary of State shall notify each
government, the agents or instrumentalities of which are
maintaining a registration of a foreign vessel that is included
on a list published under subsection (c)(2), not later than 30
days after such publication, that all vessels registered under
such government's authority are subject to subsection (a).
(2) Additional notification.--In the case of a government
that continues to maintain a registration for a vessel that is
included on such list after receiving an initial notification
under paragraph (1), the Secretary shall issue an additional
notification to such government not later than 120 days after
the publication of a list under subsection (c)(2).
(e) Notification of Vessels.--Upon receiving a notice of arrival
under section 70001(a)(5) of title 46, United States Code, from a
vessel described in subsection (b), the Secretary of the department in
which the Coast Guard is operating shall notify the master of such
vessel that the vessel may not enter or operate in the navigable waters
of the United States or transfer cargo in any port or place under the
jurisdiction of the United States, unless--
(1) the Secretary of State has made a determination under
subsection (a)(2); or
(2) the Secretary of the department in which the Coast
Guard is operating allows provisional entry of the vessel, or
transfer of cargo from the vessel, under subsection (f).
(f) Provisional Entry or Cargo Transfer.--Notwithstanding any other
provision of this section, the Secretary of the department in which the
Coast Guard is operating may allow provisional entry of, or transfer of
cargo from, a vessel, if such entry or transfer is necessary for the
safety of the vessel or persons aboard.
SEC. 516. ST. LUCIE RIVER RAILROAD BRIDGE.
The Commandant of the Coast Guard shall take such actions as are
necessary to implement any recommendations for the St. Lucie River
railroad bridge made by the Coast Guard in the document titled
``Waterways Analysis and Management System for Intracoastal Waterway
Miles 925-1005 (WAMS #07301)'' published by Coast Guard Sector Miami in
2018.
SEC. 517. ASSISTANCE RELATED TO MARINE MAMMALS.
(a) Maritime Environmental and Technical Assistance Program.--
Section 50307(b) of title 46, United States Code, is amended--
(1) in paragraph (1)(D) by striking ``and'' at the end;
(2) in paragraph (2) by striking the period and insert ``;
and''; and
(3) by adding at the end the following:
``(3) technologies that quantifiably reduce underwater
noise from marine vessels, including noise produced incidental
to the propulsion of marine vessels.''.
(b) Assistance to Reduce Impacts of Vessel Strikes and Noise on
Marine Mammals.--
(1) In general.--Chapter 541 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 54102. Assistance to reduce impacts of vessel strikes and noise
on marine mammals
``(a) In General.--The Administrator of the Maritime
Administration, in coordination with the Secretary of the department in
which the Coast Guard is operating, may make grants to, or enter into
contracts or cooperative agreements with, academic, public, private,
and nongovernmental entities to develop and implement mitigation
measures that will lead to a quantifiable reduction in--
``(1) impacts to marine mammals from vessels; and
``(2) underwater noise from vessels, including noise
produced incidental to the propulsion of vessels.
``(b) Eligible Use.--Assistance under this section may be used to
develop, assess, and carry out activities that reduce threats to marine
mammals by--
``(1) reducing--
``(A) stressors related to vessel traffic; and
``(B) vessel strike mortality, and serious injury;
or
``(2) monitoring--
``(A) sound; and
``(B) vessel interactions with marine mammals.
``(c) Priority.--The Administrator shall prioritize assistance
under this section for projects that--
``(1) is based on the best available science on methods to
reduce threats related to vessels traffic;
``(2) collect data on the reduction of such threats;
``(3) reduce--
``(A) disturbances from vessel presence;
``(B) mortality risk; or
``(C) serious injury from vessel strikes; or
``(4) conduct risk assessments, or tracks progress toward
threat reduction.
``(d) Briefing.--The Administrator 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, an annual briefing that includes the following:
``(1) The name and location of each entity receiving a
grant under this section.
``(2) The amount of each such grant.
``(3) A description of the activities carried out with
assistance provided under this section.
``(4) An estimate of the impact that a project carried out
with such assistance has on the reduction of threats to marine
mammals.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $10,000,000
for each of fiscal years 2022 through 2026, to remain available until
expended.''.
(2) Clerical amendment.--The analysis for chapter 541 of
title 46, United States Code, is amended by adding at the end
the following:
``54102. Assistance to reduce impacts of vessel strikes and noise on
marine mammals.''.
(c) Near Real-time Monitoring and Mitigation Program for Large
Whales.--
(1) In general.--Part of A of subtitle V of title 46,
United States Code, is amended by adding at the end the
following:
``CHAPTER 507--MONITORING AND MITIGATION
``Sec.
``50701. Near real-time monitoring and mitigation program for large
whales.
``50702. Pilot project.
``Sec. 50701. Near real-time monitoring and mitigation program for
large whales
``(a) Establishment.--The Administrator of the Maritime
Administration, in consultation with the Commandant of the Coast Guard,
shall design and deploy a near real-time large whale monitoring and
mitigation program (in this section referred to as the Program)
informed by the technologies, monitoring methods, and mitigation
protocols developed pursuant to the pilot program required under
section 50702.
``(b) Purpose.--The purpose of the Program will be to reduce the
risk to large whales of vessel collisions and to minimize other
impacts.
``(c) Requirements.--In designing and deploying the Program, the
Administrator shall--
``(1) prioritize species of large whales for which vessel
collision impacts are of particular concern;
``(2) prioritize areas where such vessel impacts are of
particular concern;
``(3) develop technologies capable of detecting and
alerting individuals and enforcement agencies of the probable
location of large whales on a near real-time basis, to include
real time data whenever possible;
``(4) inform sector-specific mitigation protocols to
effectively reduce takes of large whales; and
``(5) integrate technology improvements as such
improvements become available.
``(d) Authority.--The Administrator may make grants or enter into
and contracts, leases, or cooperative agreements as may be necessary to
carry out the purposes of this section on such terms as the
Administrator considers appropriate, consistent with Federal
acquisition regulations.
``Sec. 50702. Pilot project
``(a) Establishment.--The Administrator of the Maritime
Administration shall carry out a pilot monitoring and mitigation
project for North Atlantic right whales (in this section referred to as
the `Pilot Program') for purposes of informing a cost-effective,
efficient, and results-oriented near real-time monitoring and
mitigation program for large whales under 50701.
``(b) Pilot Project Requirements.--In carrying out the pilot
program, the Administrator, in coordination with the Commandant of the
Coast Guard, using best available scientific information, shall
identify and ensure coverage of--
``(1) core foraging habitats of North Atlantic right
whales, including--
``(A) the South of the Islands core foraging
habitat;
``(B) the Cape Cod Bay Area core foraging habitat;
``(C) the Great South Channel core foraging
habitat; and
``(D) the Gulf of Maine; and
``(2) important feeding, breeding, calving, rearing, or
migratory habitats of North Atlantic right whales that co-occur
with areas of high risk of mortality, serious injury, or other
impacts to such whales, including from vessels or vessel
strikes.
``(c) Pilot Project Components.--
``(1) In general.--Not later than 3 years after the date of
enactment of the Don Young Coast Guard Authorization Act of
2022, the Administrator, in consultation with the Commandant,
Tribal governments, and with input from affected stakeholders,
shall design and deploy a near real-time monitoring system for
North Atlantic right whales that--
``(A) comprises the best available detection and
survey technologies to detect North Atlantic right
whales within core foraging habitats;
``(B) uses dynamic habitat suitability models to
inform the likelihood of North Atlantic right whale
occurrence in core foraging habitat at any given time;
``(C) coordinates with the Integrated Ocean
Observing System and Coast Guard vessel traffic service
centers, and may coordinate with Regional Ocean
Partnerships to leverage monitoring assets;
``(D) integrates historical data;
``(E) integrates new near real-time monitoring
methods and technologies as they become available;
``(F) accurately verifies and rapidly communicates
detection data;
``(G) creates standards for allowing ocean users to
contribute data to the monitoring system using
comparable near real-time monitoring methods and
technologies; and
``(H) communicates the risks of injury to large
whales to ocean users in a way that is most likely to
result in informed decision making regarding the
mitigation of those risks.
``(2) National security considerations.--All monitoring
methods, technologies, and protocols under this section shall
be consistent with national security considerations and
interests.
``(3) Access to data.--The Administrator shall provide
access to data generated by the monitoring system deployed
under paragraph (1) for purposes of scientific research and
evaluation, and public awareness and education, including
through the NOAA Right Whale Sighting Advisory System and
WhaleMap or other successive public web portals, subject to
review for national security considerations.
``(d) Mitigation Protocols.--The Administrator, in consultation
with the Commandant, and with input from affected stakeholders, develop
and deploy mitigation protocols that make use of the near real-time
monitoring system deployed under subsection (c) to direct sector-
specific mitigation measures that avoid and significantly reduce risk
of serious injury and mortality to North Atlantic right whales.
``(e) Reporting.--
``(1) Preliminary report.--Not later than 2 years after the
date of the enactment of the Don Young Coast Guard
Authorization Act of 2022, the Administrator, in consultation
with the Commandant, shall submit to the appropriate
Congressional Committees and make available to the public a
preliminary report which shall include--
``(A) a description of the monitoring methods and
technology in use or planned for deployment;
``(B) analyses of the efficacy of the methods and
technology in use or planned for deployment for
detecting North Atlantic right whales;
``(C) how the monitoring system is directly
informing and improving North American right whale
management, health, and survival;
``(D) a prioritized identification of technology or
research gaps;
``(E) a plan to communicate the risks of injury to
large whales to ocean users in a way that is most
likely to result in informed decision making regarding
the mitigation of those risks; and
``(F) additional information, as appropriate.
``(2) Final report.--Not later than 6 years after the date
of the enactment of the Don Young Coast Guard Authorization Act
of 2022, the Administrator, in consultation with the
Commandant, shall submit to the appropriate congressional
committees and make available to the public a final report,
addressing the components in subparagraph (A) and including--
``(A) an assessment of the benefits and efficacy of
the near real-time monitoring and mitigation program;
``(B) a strategic plan to expand the pilot program
to provide near real-time monitoring and mitigation
measures;
``(i) to additional large whale species of
concern for which such measures would reduce
risk of serious injury or death; and
``(ii) in important feeding, breeding,
calving, rearing, or migratory habitats of
whales that co-occur with areas of high risk of
mortality or serious injury of such whales from
vessel strikes or disturbance;
``(C) a prioritized plan for acquisition,
deployment, and maintenance of monitoring technologies;
``(D) the locations or species for which the plan
would apply; and
``(E) a budget and description of funds necessary
to carry out the strategic plan.
``(f) Additional Authority.--The Administrator may make grants
enter into contracts, leases, or cooperative agreements as may be
necessary to carry out the purposes of this section on such terms as
the Administrator considers appropriate, consistent with Federal
acquisition regulations.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $17,000,000
for each of fiscal years 2022 through 2026.
``(h) Definitions.--In this section and section 50701:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(2) Core foraging habitats.--The term `core foraging
habitats' means areas with biological and physical
oceanographic features that aggregate Calanus finmarchicus and
where North Atlantic right whales foraging aggregations have
been well documented.
``(3) Near real-time.--The term `near real-time' means
detected activity that is visual, acoustic, or in any other
form, of North Atlantic right whales that are transmitted and
reported as soon as technically feasible after such detected
activity has occurred.
``(4) Large whale.--The term `large whale' means all
Mysticeti species and species within the genera Physeter and
Orcinus.''.
(2) Clerical amendment.--The table of chapters for subtitle
V of title 46, United States Code is amended by adding after
the item related to chapter 505 the following:
``507. Monitoring and Mitigation............................ 50701''.
SEC. 518. MANNING AND CREWING REQUIREMENTS FOR CERTAIN VESSELS,
VEHICLES, AND STRUCTURES.
(a) Authorization of Limited Exemptions From Manning and Crew
Requirement.--Chapter 81 of title 46, United States Code, is amended by
adding at the end the following:
``Sec. 8108. Exemptions from manning and crew requirements
``(a) In General.--The Secretary may provide an exemption described
in subsection (b) to the owner or operator of a covered facility if
each individual who is manning or crewing the covered facility is--
``(1) a citizen of the United States;
``(2) an alien lawfully admitted to the United States for
permanent residence; or
``(3) a citizen of the nation under the laws of which the
vessel is documented.
``(b) Requirements for Eligibility for Exemption.--An exemption
under this subsection is an exemption from the regulations established
pursuant to section 30(a)(3) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1356(a)(3)).
``(c) Limitations.--An exemption under this section--
``(1) shall provide that the number of individuals manning
or crewing the covered facility who are described in paragraphs
(2) and (3) of subsection (a) may not exceed two and one- half
times the number of individuals required to man or crew the
covered facility under the laws of the nation under the laws of
which the covered facility is documented; and
``(2) shall be effective for not more than 12 months, but
may be renewed by application to and approval by the Secretary.
``(d) Application.--To be eligible for an exemption or a renewal of
an exemption under this section, the owner or operator of a covered
facility shall apply to the Secretary with an application that includes
a sworn statement by the applicant of all information required for the
issuance of the exemption.
``(e) Revocation.--
``(1) In general.--The Secretary--
``(A) may revoke an exemption for a covered
facility under this section if the Secretary determines
that information provided in the application for the
exemption was false or incomplete, or is no longer true
or complete; and
``(B) shall immediately revoke such an exemption if
the Secretary determines that the covered facility, in
the effective period of the exemption, was manned or
crewed in a manner not authorized by the exemption.
``(2) Notice required.--The Secretary shall provides notice
of a determination under subparagraph (A) or (B) of paragraph
(1) to the owner or operator of the covered facility.
``(f) Review of Compliance.--The Secretary shall periodically, but
not less than once annually, inspect each covered facility that
operates under an exemption under this section to verify the owner or
operator of the covered facility's compliance with the exemption.
During an inspection under this subsection, the Secretary shall require
all crew members serving under the exemption to hold a valid
transportation security card issued under section 70105.
``(g) Penalty.--In addition to revocation under subsection (e), the
Secretary may impose on the owner or operator of a covered facility a
civil penalty of $10,000 per day for each day the covered facility--
``(1) is manned or crewed in violation of an exemption
under this subsection; or
``(2) operated under an exemption under this subsection
that the Secretary determines was not validly obtained.
``(h) Notification of Secretary of State.--The Secretary shall
notify the Secretary of State of each exemption issued under this
section, including the effective period of the exemption.
``(i) Definitions.--In this section:
``(1) Covered facility.--The term `covered facility' means
any vessel, rig, platform, or other vehicle or structure, over
50 percent of which is owned by citizens of a foreign nation or
with respect to which the citizens of a foreign nation have the
right effectively to control, except to the extent and to the
degree that the President determines that the government of
such foreign nation or any of its political subdivisions has
implemented, by statute, regulation, policy, or practice, a
national manning requirement for equipment engaged in the
exploring for, developing, or producing resources, including
non-mineral energy resources in its offshore areas.
``(2) Secretary.--The term `Secretary' means the Secretary
of the department in which the Coast Guard is operating.''.
(b) Annual Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report containing information on
each letter of nonapplicability of section 8109 of title 46,
United States Code, with respect to a covered facility that was
issued by the Secretary during the preceding year.
(2) Contents.--The report under paragraph (1) shall
include, for each covered facility--
(A) the name and International Maritime
Organization number;
(B) the nation in which the covered facility is
documented;
(C) the nationality of owner or owners; and
(D) for any covered facility that was previously
issued a letter of nonapplicability in a prior year,
any changes in the information described in
subparagraphs (A) through (C).
(c) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall promulgate regulations that
specify the documentary and other requirements for the issuance of an
exemption under the amendment made by this section.
(d) Existing Exemptions.--
(1) Effect of amendments; termination.--Each exemption
under section 30(c)(2) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1356(c)(2)) issued before the date of the enactment
of this Act--
(A) shall not be affected by the amendments made by
this section during the 120-day period beginning on the
date of the enactment of this Act; and
(B) shall not be effective after such period.
(2) Notification of holders.--Not later than 60 days after
the date of the enactment of this Act, the Secretary shall
notify all persons that hold such an exemption that it will
expire as provided in paragraph (1).
(e) Clerical Amendment.--The analysis for chapter 81 of the title
46, United States Code, is amended by adding at the end the following:
``8108. Exemptions from manning and crew requirements.''.
TITLE VI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
SEC. 601. DEFINITIONS.
(a) In General.--Section 2101 of title 46, United States Code, is
amended--
(1) by redesignating paragraphs (45) through (54) as
paragraphs (47) through (56), respectively; and
(2) by inserting after paragraph (44) the following:
``(45) `sexual assault' means any form of abuse or contact
as defined in chapter 109A of title 18, or a substantially
similar State, local, or Tribal offense.
``(46) `sexual harassment' means--
``(A) conduct that--
``(i) involves unwelcome sexual advances,
requests for sexual favors, or deliberate or
repeated offensive comments or gestures of a
sexual nature if any--
``(I) submission to such conduct is
made either explicitly or implicitly a
term or condition of employment, pay,
career, benefits, or entitlements of
the individual;
``(II) submission to, or rejection,
of such conduct by an individual is
used as a basis for decisions affecting
that individual's job, pay, career,
benefits, or entitlements;
``(III) such conduct has the
purpose or effect of unreasonably
interfering with an individual's work
performance or creates an intimidating,
hostile, or offensive work environment;
or
``(IV) conduct may have been by an
individual's supervisor, a supervisor
in another area, a co-worker, or
another credentialed mariner; and
``(ii) is so severe or pervasive that a
reasonable person would perceive, and the
victim does perceive, the environment as
hostile or offensive;
``(B) any use or condonation associated with first-
hand or personal knowledge, by any individual in a
supervisory or command position, of any form of sexual
behavior to control, influence, or affect the career,
pay, benefits, entitlements, or employment of a
subordinate; and
``(C) any deliberate or repeated unwelcome verbal
comment or gesture of a sexual nature by any fellow
employee of the complainant.''.
(b) Report.--The Commandant of the Coast Guard shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing any changes the
Commandant may propose to the definitions added by the amendments in
subsection (a).
SEC. 602. CONVICTED SEX OFFENDER AS GROUNDS FOR DENIAL.
(a) In General.--Chapter 75 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 7511. Convicted sex offender as grounds for denial
``(a) Sexual Abuse.--A license, certificate of registry, or
merchant mariner's document authorized to be issued under this part
shall be denied to an individual who has been convicted of a sexual
offense prohibited under chapter 109A of title 18, except for
subsection (b) of section 2244 of title 18, or a substantially similar
State, local, or Tribal offense.
``(b) Abusive Sexual Contact.--A license, certificate of registry,
or merchant mariner's document authorized to be issued under this part
may be denied to an individual who within 5 years before applying for
the license, certificate, or document, has been convicted of a sexual
offense prohibited under subsection (b) of section 2244 of title 18, or
a substantially similar State, local, or Tribal offense.''.
(b) Clerical Amendment.--The analysis for chapter 75 of title 46,
United States Code, is amended by adding at the end the following:
``7511. Convicted sex offender as grounds for denial.''.
SEC. 603. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR SUSPENSION
OR REVOCATION.
(a) In General.--Chapter 77 of title 46, United States Code, is
amended by inserting after section 7704 the following:
``Sec. 7704a. Sexual harassment or sexual assault as grounds for
suspension or revocation
``(a) Sexual Harassment.--If it is shown at a hearing under this
chapter that a holder of a license, certificate of registry, or
merchant mariner's document issued under this part, within 5 years
before the beginning of the suspension and revocation proceedings, is
the subject of an official finding of sexual harassment, then the
license, certificate of registry, or merchant mariner's document may be
suspended or revoked.
``(b) Sexual Assault.--If it is shown at a hearing under this
chapter that a holder of a license, certificate of registry, or
merchant mariner's document issued under this part, within 10 years
before the beginning of the suspension and revocation proceedings, is
the subject of an official finding of sexual assault, then the license,
certificate of registry, or merchant mariner's document shall be
revoked.
``(c) Official Finding.--
``(1) In general.--In this section, the term `official
finding' means--
``(A) a legal proceeding or agency finding or
decision that determines the individual committed
sexual harassment or sexual assault in violation of any
Federal, State, local, or Tribal law or regulation; or
``(B) a determination after an investigation by the
Coast Guard that, by a preponderance of the evidence,
the individual committed sexual harassment or sexual
assault if the investigation affords appropriate due
process rights to the subject of the investigation.
``(2) Investigation by the coast guard.--An investigation
by the Coast Guard under paragraph (1)(B) shall include, at a
minimum, evaluation of the following materials that, upon
request, shall be provided to the Coast Guard:
``(A) Any inquiry or determination made by the
employer or former employer of the individual as to
whether the individual committed sexual harassment or
sexual assault.
``(B) Any investigative materials, documents,
records, or files in the possession of an employer or
former employer of the individual that are related to
the claim of sexual harassment or sexual assault by the
individual.
``(3) Administrative law judge review.--
``(A) Coast guard investigation.--A determination
under paragraph (1)(B) shall be reviewed and affirmed
by an administrative law judge within the same
proceeding as any suspension or revocation of a
license, certificate of registry, or merchant mariner's
document under subsection (a) or (b).
``(B) Legal proceeding.--A determination under
paragraph (1)(A) that an individual committed sexual
harassment or sexual assault is conclusive in
suspension and revocation proceedings.''.
(b) Clerical Amendment.--The chapter analysis of chapter 77 of
title 46, United States Code, is amended by inserting after the item
relating to section 7704 the following:
``7704a. Sexual harassment or sexual assault as grounds for suspension
or revocation.''.
SEC. 604. ACCOMMODATION; NOTICES.
Section 11101 of title 46, United States Code, is amended--
(1) in subsection (a)(3), by striking ``and'' at the end;
(2) in subsection (a)(4), by striking the period at the end
and inserting ``; and'';
(3) in subsection (a), by adding at the end the following:
``(5) each crew berthing area shall be equipped with
information regarding--
``(A) vessel owner or company policies prohibiting
sexual assault and sexual harassment, retaliation, and
drug and alcohol usage; and
``(B) procedures and resources to report crimes,
including sexual assault and sexual harassment,
including information--
``(i) on the contact information, website
address, and mobile application to the Coast
Guard Investigative Services for reporting of
crimes and the Coast Guard National Command
Center;
``(ii) on vessel owner or company
procedures to report violations of company
policy and access resources;
``(iii) on resources provided by outside
organizations such as sexual assault hotlines
and counseling;
``(iv) on the retention period for
surveillance video recording after an incident
of sexual harassment or sexual assault is
reported; and
``(v) additional items specified in
regulations issued by, and at the discretion
of, the Secretary of the department in which
the Coast Guard is operating.''; and
(4) in subsection (d), by adding at the end the following:
``In each washing space in a visible location there shall be
information regarding procedures and resources to report crimes
upon the vessel, including sexual assault and sexual
harassment, and vessel owner or company policies prohibiting
sexual assault and sexual harassment, retaliation, and drug and
alcohol usage.''.
SEC. 605. PROTECTION AGAINST DISCRIMINATION.
Section 2114(a)(1) of title 46, United States Code, is amended--
(1) by redesignating subparagraphs (B) through (G) as
subparagraphs (C) through (H), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) the seaman in good faith has reported or is about to
report to the vessel owner, Coast Guard or other appropriate
Federal agency or department sexual harassment or sexual
assault against the seaman or knowledge of sexual harassment or
sexual assault against another seaman;''.
SEC. 606. ALCOHOL PROHIBITION.
(a) Regulations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the department in which
the Coast Guard is operating shall, taking into account the
safety and security of every individual on documented vessels,
issue such regulations as are necessary relating to alcohol
consumption on documented vessels, according to the following
requirements:
(A) The Secretary shall determine safe levels of
alcohol consumption by crewmembers aboard documented
vessels engaged in commercial service.
(B) If the Secretary determines there is no alcohol
policy that can be implemented to ensure a safe
environment for crew and passengers, the Secretary
shall implement a prohibition on possession and
consumption of alcohol by crewmembers while aboard a
vessel, except when possession is associated with the
commercial sale or gift to non-crew members aboard the
vessel.
(C) To the extent a policy establishes safe levels
of alcohol consumption in accordance with subparagraph
(A), such policy shall not supersede a vessel owner's
discretion to further limit or prohibit alcohol on its
vessels.
(2) Immunity from civil liability.--Any crewmember who
reports an incident of sexual assault or sexual harassment that
is directly related to a violation of the regulations issued
under paragraph (1) is immune from civil liability for any
related violation of such regulations.
SEC. 607. SURVEILLANCE REQUIREMENTS.
(a) In General.--Part B of subtitle II of title 46, United States
Code, is amended by adding at the end the following:
``CHAPTER 49--OCEANGOING NON-PASSENGER COMMERCIAL VESSELS
``Sec.
``4901. Surveillance requirements.
``Sec. 4901. Surveillance requirements
``(a) In General.--A vessel engaged in commercial service that does
not carry passengers, shall maintain a video surveillance system.
``(b) Applicability.--The requirements in this section shall apply
to--
``(1) documented vessels with overnight accommodations for
at least 10 persons on board--
``(A) is on a voyage of at least 600 miles and
crosses seaward of the Boundary Line; or
``(B) is at least 24 meters (79 feet) in overall
length and required to have a load line under chapter
51;
``(2) documented vessels of at least 500 gross tons as
measured under section 14502, or an alternate tonnage measured
under section 14302 as prescribed by the Secretary under
section 14104 on an international voyage; and
``(3) vessels with overnight accommodations for at least 10
persons on board that are operating for no less than 72 hours
on waters superjacent to the Outer Continental Shelf.
``(c) Placement of Video and Audio Surveillance Equipment.--
``(1) In general.--The owner of a vessel to which this
section applies shall install video and audio surveillance
equipment aboard the vessel not later than 2 years after
enactment of the Don Young Coast Guard Authorization Act of
2022, or during the next scheduled drydock, whichever is later.
``(2) Locations.--Video and audio surveillance equipment
shall be placed in passageways on to which doors from
staterooms open. Such equipment shall be placed in a manner
ensuring the visibility of every door in each such passageway.
``(d) Notice of Video and Audio Surveillance.--The owner of a
vessel to which this section applies shall provide clear and
conspicuous signs on board the vessel notifying the crew of the
presence of video and audio surveillance equipment.
``(e) Access to Video and Audio Records.--
``(1) In general.--The owner of a vessel to which this
section applies shall provide to any Federal, state, or other
law enforcement official performing official duties in the
course and scope of a criminal or marine safety investigation,
upon request, a copy of all records of video and audio
surveillance that the official believes is relevant to the
investigation.
``(2) Civil actions.--Except as proscribed by law
enforcement authorities or court order, the owner of a vessel
to which this section applies shall, upon written request,
provide to any individual or the individual's legal
representative a copy of all records of video and audio
surveillance--
``(A) in which the individual is a subject of the
video and audio surveillance;
``(B) the request is in conjunction with a legal
proceeding or investigation; and
``(C) that may provide evidence of any sexual
harassment or sexual assault incident in a civil
action.
``(3) Limited access.--The owner of a vessel to which this
section applies shall ensure that access to records of video
and audio surveillance is limited to the purposes described in
this paragraph and not used as part of a labor action against a
crew member or employment dispute unless used in a criminal or
civil action.
``(f) Retention Requirements.--The owner of a vessel to which this
section applies shall retain all records of audio and video
surveillance for not less than 150 days after the footage is obtained.
Any video and audio surveillance found to be associated with an alleged
incident should be preserved for not less than 4 years from the date of
the alleged incident. The Federal Bureau of Investigation and the Coast
Guard are authorized access to all records of video and audio
surveillance relevant to an investigation into criminal conduct.
``(g) Definition.--In this section, the term `owner' means the
owner, charterer, managing operator, master, or other individual in
charge of a vessel.
``(h) Exemption.--Fishing vessels, fish processing vessels, and
fish tender vessels are exempt from this section.''.
(b) Clerical Amendment.--The table of chapters for subtitle II of
title 46, United States Code, is amended by adding after the item
related to chapter 47 the following:
``49. Oceangoing Non-Passenger Commercial Vessels........... 4901''.
SEC. 608. MASTER KEY CONTROL.
(a) In General.--Chapter 31 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 3106. Master key control system
``(a) In General.--The owner of a vessel subject to inspection
under section 3301 shall--
``(1) ensure that such vessel is equipped with a vessel
master key control system, manual or electronic, which provides
controlled access to all copies of the vessel's master key of
which access shall only be available to the individuals
described in paragraph (2);
``(2) establish a list of all crew, identified by position,
allowed to access and use the master key and maintain such list
upon the vessel, within owner records and included in the
vessel safety management system;
``(3) record in a log book information on all access and
use of the vessel's master key, including--
``(A) dates and times of access;
``(B) the room or location accessed; and
``(C) the name and rank of the crew member that
used the master key; and
``(4) make the list under paragraph (2) and the log book
under paragraph (3) available upon request to any agent of the
Federal Bureau of Investigation, any member of the Coast Guard,
and any law enforcement officer performing official duties in
the course and scope of an investigation.
``(b) Prohibited Use.--Crew not included on the list described in
subsection (a)(2) shall not have access to or use the master key unless
in an emergency and shall immediately notify the master and owner of
the vessel following use of such key.
``(c) Requirements for Log Book.--The log book described in
subsection (a)(3) and required to be included in a safety management
system under section 3203(a)(6)--
``(1) may be electronic; and
``(2) shall be located in a centralized location that is
readily accessible to law enforcement personnel.
``(d) Penalty.--Any crew member who uses the master key without
having been granted access pursuant to subsection (a)(2) shall be
liable to the United States Government for a civil penalty of not more
than $1,000 and may be subject to suspension or revocation under
section 7703.
``(e) Exemption.--This section shall not apply to vessels subject
to section 3507(f).''.
(b) Clerical Amendment.--The analysis for chapter 31 of title 46,
United States Code, is amended by adding at the end the following:
``3106. Master key control system.''.
SEC. 609. SAFETY MANAGEMENT SYSTEMS.
Section 3203 of title 46, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (5) and (6) as
paragraphs (7) and (8); and
(B) by inserting after paragraph (4) the following:
``(5) with respect to sexual harassment and sexual assault,
procedures for, and annual training requirements for all
shipboard personnel on--
``(A) prevention;
``(B) bystander intervention;
``(C) reporting;
``(D) response; and
``(E) investigation;
``(6) the log book required under section 3106;'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Procedures and Training Requirements.--In prescribing
regulations for the procedures and training requirements described in
subsection (a)(5), such procedures and requirements shall be consistent
with the requirements to report sexual harassment or sexual assault
under section 10104.''.
SEC. 610. REQUIREMENT TO REPORT SEXUAL ASSAULT AND HARASSMENT.
Section 10104 of title 46, United States Code, is amended by
striking subsections (a) and (b) and inserting the following:
``(a) Mandatory Reporting by Crew Member.--
``(1) In general.--A crew member of a documented vessel
shall report to the Secretary any complaint or incident of
sexual harassment or sexual assault of which the crewmember has
first-hand or personal knowledge.
``(2) Penalty.--A crew member with first-hand or personal
knowledge of a sexual assault or sexual harassment incident on
a documented vessel who knowingly fails to report in compliance
with paragraph (a)(1) is liable to the United States Government
for a civil penalty of not more than $5,000.
``(3) Amnesty.--A crew member who fails to make the
required reporting under paragraph (1) shall not be subject to
the penalty described in paragraph (2) if--
``(A) the crew member is the victim of such sexual
assault or sexual harassment incident;
``(B) the complaint is shared in confidence with
the crew member directly from the victim; or
``(C) the crew member is a victim advocate as
defined in section 40002(a) of the Violent Crime
Control and Law Enforcement Act of 1994 (34 U.S.C.
12291(a)).
``(b) Mandatory Reporting by Vessel Owner.--
``(1) In general.--A vessel owner or managing operator of a
documented vessel or the employer of a seafarer on that vessel
shall report to the Secretary any complaint or incident of
harassment, sexual harassment, or sexual assault in violation
of employer policy or law, of which such vessel owner or
managing operator of a vessel engaged in commercial service, or
the employer of the seafarer is made aware. Such reporting
shall include results of any investigation into the incident,
if applicable, and any action taken against the offending
crewmember.
``(2) Penalty.--A vessel owner or managing operator of a
vessel engaged in commercial service, or the employer of a
seafarer on that vessel who knowingly fails to report in
compliance with paragraph (1) is liable to the United States
Government for a civil penalty of not more than $25,000.
``(c) Reporting Procedures.--
``(1) Crew member reporting.--A report required under
subsection (a)--
``(A) with respect to a crew member, shall be made
as soon as practicable, but no later than 10 days after
the crew member develops first-hand or personal
knowledge of the sexual assault or sexual harassment
incident to the Coast Guard National Command Center by
the fastest telecommunication channel available; and
``(B) with respect to a master, shall be made
immediately after the master develops first-hand or
personal knowledge of a sexual assault incident to the
Coast Guard National Command Center by the fastest
telecommunication channel available.
``(2) Vessel owner reporting.--A report required under
subsection (b) shall be made immediately after the vessel
owner, managing operator, or employer of the seafarer gains
knowledge of a sexual assault or sexual harassment incident by
the fastest telecommunication channel available, and such
report shall be made to the Coast Guard National Command Center
and to--
``(A) the nearest Coast Guard Captain of the Port;
or
``(B) the appropriate officer or agency of the
government of the country in whose waters the incident
occurs.
``(3) Contents.--A report required under subsections (a)
and (b) shall include, to the best of the reporter's
knowledge--
``(A) the name, official position or role in
relation to the vessel, and contact information of the
individual making the report;
``(B) the name and official number of the
documented vessel;
``(C) the time and date of the incident;
``(D) the geographic position or location of the
vessel when the incident occurred; and
``(E) a brief description of the alleged sexual
harassment or sexual assault being reported.
``(4) Information collection.--After receipt of the report
made under this subsection, the Coast Guard will collect
information related to the identity of each alleged victim,
alleged perpetrator, and witness through means designed to
protect, to the extent practicable, the personal identifiable
information of such individuals.
``(d) Regulations.--The requirements of this section are effective
as of the date of enactment of the Don Young Coast Guard Authorization
Act of 2022. The Secretary may issue additional regulations to
implement the requirements of this section.''.
SEC. 611. CIVIL ACTIONS FOR PERSONAL INJURY OR DEATH OF SEAMEN.
(a) Personal Injury to or Death of Seamen.--Section 30104(a) of
title 46, United States Code, as so designated by section 505(a)(1), is
amended by inserting ``, including an injury resulting from sexual
assault or sexual harassment,'' after ``in the course of employment''.
(b) Time Limit on Bringing Maritime Action.--Section 30106 of title
46, United States Code, is amended--
(1) in the section heading by striking ``for personal
injury or death'';
(2) by striking ``Except as otherwise'' and inserting the
following:
``(a) In General.--Except as otherwise''; and
(3) by adding at the end the following:
``(b) Extension for Sexual Offense.--A civil action under
subsection (a) arising out of a maritime tort for a claim of sexual
harassment or sexual assault shall be brought not more than 5 years
after the cause of action for a claim of sexual harassment or sexual
assault arose.''.
(c) Clerical Amendment.--The analysis for chapter 301 of title 46,
United States Code, is amended by striking the item related to section
30106 and inserting the following:
``30106. Time limit on bringing maritime action.''.
SEC. 612. ADMINISTRATION OF SEXUAL ASSAULT FORENSIC EXAMINATION KITS.
(a) In General.--Chapter 5 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 564. Administration of sexual assault forensic examination kits
``(a) Requirement.--A Coast Guard vessel that embarks on a covered
voyage shall be--
``(1) equipped with no less than 2 sexual assault and
forensic examination kits; and
``(2) staffed with at least 1 medical professional
qualified and trained to administer such kits.
``(b) Covered Voyage Defined.--In this section, the term `covered
voyage' means a prescheduled voyage of a Coast Guard vessel that, at
any point during such voyage--
``(1) would require the vessel to travel 5 consecutive days
or longer at 20 knots per hour to reach a land-based or afloat
medical facility; and
``(2) aeromedical evacuation will be unavailable during the
travel period referenced in paragraph (1).''.
(b) Clerical Amendment.--The table of sections for chapter 5 of
title 14, United States Code, is amended by adding at the end the
following:
``564. Administration of sexual assault forensic examination kits.''.
TITLE VII--TECHNICAL AND CONFORMING PROVISIONS
SEC. 701. TECHNICAL CORRECTIONS.
(a) Section 319(b) of title 14, United States Code, is amended by
striking ``section 331 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 40101 note)'' and inserting ``section 44801 of title 49''.
(b) Section 1156(c) of title 14, United States Code, is amended by
striking ``section 331 of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 40101 note)'' and inserting ``section 44801 of title 49''.
SEC. 702. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL TECHNICAL
AMENDMENTS.
(a) In General.--Section 70105 of title 46, United States Code, is
amended--
(1) in the section heading by striking ``security cards''
and inserting ``worker identification credentials'';
(2) by striking ``transportation security card'' each place
it appears and inserting ``transportation worker identification
credential'';
(3) by striking ``transportation security cards'' each
place it appears and inserting ``transportation worker
identification credentials'';
(4) by striking ``card'' each place it appears and
inserting ``credential''
(5) in the heading for subsection (b) by striking ``Cards''
and inserting ``Credentials'';
(6) in subsection (g), by striking ``Assistant Secretary of
Homeland Security for'' and inserting ``Administrator of'';
(7) by striking subsection (i) and redesignating
subsections (j) and (k) as subsections (i) and (j),
respectively;
(8) by striking subsection (l) and redesignating
subsections (m) through (q) as subsections (k) through (o),
respectively;
(9) in subsection (j), as so redesignated--
(A) in the subsection heading by striking
``Security Card'' and inserting ``Worker Identification
Credential''; and
(B) in the heading for paragraph (2) by striking
``security cards'' and inserting ``worker
identification credential'';
(10) in subsection (k)(1), as so redesignated, by striking
``subsection (k)(3)'' and inserting ``subsection (j)(3)''; and
(11) in subsection (o), as so redesignated--
(A) in the subsection heading by striking
``Security Card'' and inserting ``Worker Identification
Credential'';
(B) in paragraph (1)--
(i) by striking ``subsection (k)(3)'' and
inserting ``subsection (j)(3)''; and
(ii) by striking ``This plan shall'' and
inserting ``Such receipt and activation
shall''; and
(C) in paragraph (2) by striking ``on-site
activation capability'' and inserting ``on-site receipt
and activation of transportation worker identification
credentials''.
(b) Clerical Amendment.--The analysis for chapter 701 of title 46,
United States Code, is amended by striking the item related to section
70105 and inserting the following:
``70105. Transportation worker identification credentials.''.
SEC. 703. REINSTATEMENT.
(a) Reinstatement.--The text of section 12(a) of the Act of June
21, 1940 (33 U.S.C. 522(a)), popularly known as the Truman-Hobbs Act,
is--
(1) reinstated as it appeared on the day before the date of
enactment of section 8507(b) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283); and
(2) redesignated as the sole text of section 12 of the Act
of June 21, 1940 (33 U.S.C. 522).
(b) Effective Date.--The provision reinstated by subsection (a)
shall be treated as if such section 8507(b) had never taken effect.
(c) Conforming Amendment.--The provision reinstated under
subsection (a) is amended by striking ``, except to the extent provided
in this section''.
SEC. 704. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation for this Act'', submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives March 29, 2022.
Attest:
Clerk.
117th CONGRESS
2d Session
H. R. 6865
_______________________________________________________________________
AN ACT
To authorize appropriations for the Coast Guard, and for other
purposes.