[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6865 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6865
To authorize appropriations for the Coast Guard, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 28, 2022
Mr. DeFazio (for himself, Mr. Graves of Missouri, Mr. Carbajal, and Mr.
Gibbs) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
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 ``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.
Subtitle C--Other Matters
Sec. 212. Responses of Commandant of the Coast Guard to safety
recommendations.
Sec. 213. Conveyance of Coast Guard vessels for public purposes.
Sec. 214. Acquisition life-cycle cost estimates.
Sec. 215. National Coast Guard Museum funding plan.
Sec. 216. Report on Coast Guard explosive ordnance disposal.
Sec. 217. Pribilof Island transition completion actions.
Sec. 218. 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.
Subtitle C--Shipbuilding Program
Sec. 307. Loans for retrofitting to qualify as a vessel of the United
States.
Sec. 308. Qualified vessel.
Sec. 309. Establishing a capital construction fund.
TITLE IV--MISCELLANEOUS
Subtitle A--Navigation
Sec. 401. Restriction on changing salvors.
Sec. 402. Towing vessel inspection fees.
Sec. 403. Providing requirements for vessels anchored in established
anchorage grounds.
Sec. 404. Aquatic Nuisance Species Task Force.
Sec. 405. Limitation on recovery for certain injuries incurred in
aquaculture activities.
Subtitle B--Other Matters
Sec. 406. Information on type approval certificates.
Sec. 407. Passenger vessel security and safety requirements.
Sec. 408. Cargo waiting time reduction.
Sec. 409. Limited indemnity provisions in standby oil spill response
contracts.
Sec. 410. Port Coordination Council for Point Spencer.
Sec. 411. Alaska oil spill planning criteria.
Sec. 412. Nonapplicability.
TITLE V--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 501. Definitions.
Sec. 502. Convicted sex offender as grounds for denial.
Sec. 503. Sexual harassment or sexual assault as grounds for suspension
or revocation.
Sec. 504. Accommodation; notices.
Sec. 505. Protection against discrimination.
Sec. 506. Alcohol prohibition.
Sec. 507. Surveillance requirements.
Sec. 508. Master key control.
Sec. 509. Safety management systems.
Sec. 510. Requirement to report sexual assault and harassment.
Sec. 511. Civil actions for personal injury or death of seamen.
Sec. 512. Administration of sexual assault forensic examination kits.
TITLE VI--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 601. Technical corrections.
Sec. 602. Transportation worker identification credential technical
amendments.
Sec. 603. Reinstatement.
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.
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.
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).''.
Subtitle C--Other Matters
SEC. 212. 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. 213. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.
(a) Redesignation and Transfer.--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,
and redesignated as section 509.
(b) Conveyance of Coast Guard Vessels for Public Purposes.--Section
509 of title 14, United States Code (as 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 Coast Guard
Authorization Act of 2021'' after ``Code of
Federal Regulations''; and
(B) in paragraph (2) by inserting ``, as in effect
on the date of enactment of the Coast Guard
Authorization Act of 2021'' after ``such title''.
SEC. 214. 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. 215. 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. 216. 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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. 217. PRIBILOF ISLAND TRANSITION COMPLETION ACTIONS.
(a) Extensions.--Section 524 of the Pribilof Island Transition
Completion Act of 2016 (Public Law 114-120)--
(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. 218. 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 seatbelts 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 seatbelt
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:
``Subchapter I--General Provisions'';
(2) by inserting the following before section 30503:
``Subchapter II--Exoneration and Limitation of Liability Generally'';
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 generally'';
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--
(A) by striking ``section 30505'' and inserting
``section 30523'';
(B) by striking ``section 30506'' and inserting
``section 30524''; and
(C) by striking ``section 30506(b)'' and inserting
``section 30524(b)''.
Subtitle C--Shipbuilding Program
SEC. 307. LOANS FOR RETROFITTING TO QUALIFY AS A VESSEL OF THE UNITED
STATES.
Section 53706(a) of title 46, United States Code, is amended by
adding at the end the following:
``(8) Financing (including reimbursement of an obligor for
expenditures previously made for) the reconstruction,
reconditioning, retrofitting, repair, or similar work in a
shipyard located in the United States--
``(A) required for the vessel to be a vessel of the
United States;
``(B) required for the vessel to be issued a
coastwise endorsement under chapter 121;
``(C) to convert a civilian vessel of the United
States to a more useful military configuration;
``(D) for any vessel under contract to the Federal
Government; or
``(E) for any vessel participating in--
``(i) the Maritime Security Program under
chapter 531;
``(ii) the Cable Security Fleet under
chapter 532; or
``(iii) the Tanker Security Fleet under
chapter 534.''.
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--MISCELLANEOUS
Subtitle A--Navigation
SEC. 401. 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. 402. TOWING VESSEL INSPECTION FEES.
Notwithstanding section 9701 of title 31, United States Code, and
section 2110 of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may not charge an
inspection fee for towing vessels required to have a Certificate of
Inspection under subchapter M of title 46, Code of Federal Regulations,
until--
(1) the completion of the review required under section 815
of the Frank LoBiondo Coast Guard Authorization Act of 2018
(Public Law 115-282); and
(2) the promulgation of regulations to establish specific
inspection fees for such vessels.
SEC. 403. 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. 404. 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 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. 405. 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. 406. 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. 407. 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. 408. 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. 409. 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. 410. 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.'';
(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 on the
Bering Sea, the Chukchi Sea, and the Arctic Ocean, in
support of--
``(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; and
``(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. 411. ALASKA OIL SPILL PLANNING CRITERIA.
(a) 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), 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 Coast Guard Sector Anchorage, 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, supercede
the national planning criteria and 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 Coast Guard
Sector Anchorage, including planning criteria for the
following:
``(I) Mechanical 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) Dedicated vessels for oil spill response
that are capable of operating in the ocean environment
and required to be located within such area.
``(IV) 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) provides vessel routing measures
consistent with international routing measure
deviation protocols;
``(cc) maintains real-time continuous
vessel tracking, monitoring, and engagement
protocols with the ability to detect and
address vessel operation anomalies;
``(dd) has the capability to manage
wildlife protection and rehabilitation;
``(ee) controls oil spill response
resources of dedicated and nondedicated
resource providers 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
``(ff) has pre-positioned all of its 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.
``(V) Temporary storage capability using both
dedicated and non-dedicated assets located within such
area.
``(VI) 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.
``(VII) With respect to tank barges carrying non-
persistent oil in bulk as cargo to be delivered to
communities within such area, oil spill response
resources that is required to be carried on board.
``(VIII) Ensuring that oil spill response resources
otherwise required to be included in a response plan
for purposes of compliance with salvage and marine
firefighting requirements are not used to meet the
requirements of this subparagraph.
``(IX) Specifying a minimum length of time that
approval of a response plan under this subparagraph is
valid.
``(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) vessels operating within the area of
responsibility of the Coast Guard sector responsible
for Anchorage, Alaska, with primary operations
occurring within Cook Inlet, Alaska; or
``(II) the requirements applicable to tank vessels
subject to section 5005 of the Oil Pollution Act of
1990 (33 U.S.C. 2735).''.
(b) Establishment of Alaska Oil Spill Planning Criteria.--
(1) Deadline.--Not later than 180 days 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.
(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. 412. 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.
TITLE V--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
SEC. 501. 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
firsthand 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. 502. 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. 503. 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. 504. 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. 505. PROTECTION AGAINST DISCRIMINATION.
Section 2114(a)(1) of title 46, United States Code, is amended--
(1) by redesignating subparagraphs (B) through (G) as
subsections (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. 506. 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.
(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. 507. 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 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. 508. 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 logbook, located in a centralized
location that is readily accessible to law enforcement
personnel, information on all access and use of the vessel's
master key; and
``(4) make the list under paragraph (2) and the logbook
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 Logbook.--The logbook described in
subsection (a)(3)--
``(1) may be--
``(A) electronic; and
``(B) included in the vessel safety management
system; and
``(2) shall include--
``(A) dates and times of access;
``(B) the room or location accessed; and
``(C) the name and rank of the crew member who used
the master key.
``(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. 509. 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 logbook 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. 510. 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
firsthand or personal knowledge.
``(2) Penalty.--A crew member with firsthand 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 the complaint is
shared in confidence with the crew member directly from the
assaulted individual or 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) A report required under subsection (a) shall be made
as soon as practicable, but no later than 10 days after the
individual develops firsthand or personal knowledge of the
sexual assault or sexual harassment incident to the Coast Guard
National Command Center by the fastest telecommunication
channel available.
``(2) 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--
``(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) 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) 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 Coast Guard Authorization Act of 2022.
The Secretary may issue additional regulations to implement the
requirements of this section.''.
SEC. 511. CIVIL ACTIONS FOR PERSONAL INJURY OR DEATH OF SEAMEN.
(a) Personal Injury to or Death of Seamen.--Section 30104 of title
46, United States Code, 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 less 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. 512. 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 VI--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
SEC. 601. 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. 602. 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) by striking subsection (i) and redesignating
subsections (j) and (k) as subsections (i) and (j),
respectively;
(7) by striking subsection (l) and redesignating
subsections (m) through (q) as subsections (k) through (o),
respectively;
(8) 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 Credentials'';
(9) in subsection (k)(1), as so redesignated, by striking
``subsection (k)(3)'' and inserting ``subsection (j)(3)''; and
(10) 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. 603. 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''.
<all>