II 

117TH CONGRESS 

2D SESSION S. 4802 

To authorize appropriations for the Coast Guard, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 8, 2022 

Ms. CANTWELL (for herself, Mr. WICKER, and Ms. BALDWIN) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

A BILL 

To authorize appropriations for the Coast Guard, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Coast Guard Authorization Act of 2022’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definition of Commandant. 

TITLE I—AUTHORIZATIONS 

Sec. 101. Authorization of appropriations. 

Sec. 102. Authorized levels of military strength and training. 


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Sec. 103. Authorization for shoreside infrastructure and facilities. 

Sec. 104. Authorization for acquisition of vessels. 

Sec. 105. Authorization for the childcare subsidy program. 

TITLE II—COAST GUARD 

Subtitle A—Infrastructure and Assets 

Sec. 201. Report on shoreside infrastructure and facilities needs. 

Sec. 202. Fleet mix analysis and shore infrastructure investment plan. 

Sec. 203. Acquisition life-cycle cost estimates. 

Sec. 204. Report and briefing on resourcing strategy for Western Pacific Region. 

Sec. 205. Study and report on national security and drug trafficking threats in 

the Florida Straits and Caribbean region, including Cuba. 

Sec. 206. Coast Guard Yard. 

Sec. 207. Authority to enter into transactions other than contracts and grants 

to procure cost-effective technology for mission needs. 

Sec. 208. Improvements to infrastructure and operations planning. 

Subtitle B—Great Lakes 

Sec. 211. Great Lakes winter commerce. 

Sec. 212. Database on icebreaking operations in the Great Lakes. 

Sec. 213. Great Lakes snowmobile acquisition plan. 

Sec. 214. Great Lakes barge inspection exemption. 

Sec. 215. Study on sufficiency of Coast Guard aviation assets to meet mission 

demands. 

Subtitle C—Arctic 

Sec. 221. Establishment of the Arctic Security Cutter Program Office. 

Sec. 222. Arctic activities. 

Sec. 223. Study on Arctic operations and infrastructure. 

Subtitle D—Maritime Cyber and Artificial Intelligence 

Sec. 231. Enhancing maritime cybersecurity. 

Sec. 232. Establishment of unmanned system program and autonomous control 

and computer vision technology project. 

Sec. 233. Artificial intelligence strategy. 

Sec. 234. Review of artificial intelligence applications and establishment of performance metrics. 

Sec. 235. Cyber data management. 

Sec. 236. Data management. 

Sec. 237. Study on cyber threats to the United States marine transportation 

system. 

Subtitle E—Aviation 

Sec. 241. Space-available travel on Coast Guard aircraft: program authorization 

and eligible recipients. 

Sec. 242. Report on Coast Guard Air Station Barbers Point hangar. 

Sec. 243. Study on the operational availability of Coast Guard aircraft and 

strategy for Coast Guard aviation. 

Subtitle F—Workforce Readiness 


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Sec. 251. Authorized strength. 

Sec. 252. Number and distribution of officers on active duty promotion list. 

Sec. 253. Continuation on active duty of officers with critical skills. 

Sec. 254. Career incentive pay for marine inspectors. 

Sec. 255. Expansion of the ability for selection board to recommend officers of 

particular merit for promotion. 

Sec. 256. Pay and allowances for certain members of the Coast Guard during 

funding gap. 

Sec. 257. Modification to education loan repayment program. 

Sec. 258. Retirement of Vice Commandant. 

Sec. 259. Report on resignation and retirement processing times and denial. 

Sec. 260. Calculation of active service. 

Sec. 261. Physical disability evaluation system procedure review. 

Sec. 262. Expansion of authority for multirater assessments of certain personnel. 

Sec. 263. Promotion parity. 

Sec. 264. Partnership program to diversify the Coast Guard. 

Sec. 265. Expansion of Coast Guard Junior Reserve Officers’ Training Corps. 

Sec. 266. Improving representation of women and racial and ethnic minorities 

among Coast Guard active-duty members. 

Sec. 267. Strategy to enhance diversity through recruitment and accession. 

Sec. 268. Support for Coast Guard Academy. 

Sec. 269. Training for congressional affairs personnel. 

Sec. 270. Strategy for retention of cuttermen. 

Sec. 271. Study on extremism in the Coast Guard. 

Sec. 272. Study on performance of Coast Guard Force Readiness Command. 

Sec. 273. Study on frequency of weapons training for Coast Guard personnel. 

Subtitle G—Miscellaneous Provisions 

Sec. 281. Budgeting of Coast Guard relating to certain operations. 

Sec. 282. Coast Guard assistance to United States Secret Service. 

Sec. 283. Conveyance of Coast Guard vessels for public purposes. 

Sec. 284. Coast Guard intelligence activities and emergency and extraordinary 

expenses. 

Sec. 285. Transfer and conveyance. 

Sec. 286. Transparency and oversight. 

Sec. 287. Study on safety inspection program for containers and facilities. 

TITLE III—ENVIRONMENT 

Sec. 301. Definition of Secretary. 

Subtitle A—Marine Mammals 

Sec. 311. Definitions. 

Sec. 312. Assistance to ports to reduce the impacts of vessel traffic and port 

operations on marine mammals. 

Sec. 313. Near real-time monitoring and mitigation program for large 

cetaceans. 

Sec. 314. Pilot program to establish a Cetacean Desk for Puget Sound region. 

Sec. 315. Monitoring ocean soundscapes. 

Subtitle B—Oil Spills 

Sec. 321. Improving oil spill preparedness. 

Sec. 322. Western Alaska oil spill planning criteria. 


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Sec. 323. Accident and incident notification relating to pipelines. 

Sec. 324. Coast Guard claims processing costs. 

Sec. 325. Calculation of interest on debt owed to the national pollution fund. 

Sec. 326. Per-incident limitation. 

Sec. 327. Access to the Oil Spill Liability Trust Fund. 

Sec. 328. Cost-reimbursable agreements. 

Sec. 329. Oil spill response review. 

Sec. 330. Review and report on limited indemnity provisions in standby oil spill 

response contracts. 

Sec. 331. Additional exceptions to regulations for towing vessels. 

Subtitle C—Environmental Compliance 

Sec. 341. Review of anchorage regulations. 

Sec. 342. Study on impacts on shipping and commercial, Tribal, and recreational fisheries from the development of renewable energy 

on the West Coast. 

Subtitle D—Environmental Issues 

Sec. 351. Modifications to the Sport Fish Restoration and Boating Trust Fund 

administration. 

Sec. 352. Improvements to Coast Guard communication with North Pacific 

maritime and fishing industry. 

Sec. 353. Fishing safety training grants program. 

Sec. 354. Load lines. 

Subtitle E—Illegal Fishing and Forced Labor Prevention 

Sec. 361. Definitions. 

CHAPTER 1—COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT

MONITORING

Sec. 362. Enhancement of Seafood Import Monitoring Program Automated 

Commercial Environment Message Set. 

Sec. 363. Data sharing and aggregation. 

Sec. 364. Import audits. 

Sec. 365. Availability of fisheries information. 

Sec. 366. Authority to hold fish products. 

Sec. 367. Report on Seafood Import Monitoring Program. 

Sec. 368. Authorization of appropriations. 

CHAPTER 2—STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO

COMBAT HUMAN TRAFFICKING

Sec. 370. Denial of port privileges. 

Sec. 371. Identification and certification criteria. 

Sec. 372. Equivalent conservation measures. 

Sec. 373. Capacity building in foreign fisheries. 

Sec. 374. Training of United States observers. 

Sec. 375. Regulations. 

TITLE IV—SUPPORT FOR COAST GUARD WORKFORCE 

Subtitle A—Support for Coast Guard Members and Families 

Sec. 401. Coast Guard child care improvements. 


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Sec. 402. Armed Forces access to Coast Guard child care facilities. 

Sec. 403. Cadet pregnancy policy improvements. 

Sec. 404. Pilot program for fertility treatments. 

Sec. 405. Combat-related special compensation. 

Sec. 406. Restoration of amounts improperly withheld for tax purposes from 

severance payments to veterans of the Coast Guard with combat-related injuries. 

Sec. 407. Modification of basic needs allowance for members of the Coast 

Guard. 

Sec. 408. Study on food security. 

Subtitle B—Healthcare 

Sec. 421. Development of medical staffing standards for the Coast Guard. 

Sec. 422. Healthcare system review and strategic plan. 

Sec. 423. Data collection and access to care. 

Sec. 424. Behavioral health policy. 

Sec. 425. Members asserting post-traumatic stress disorder or traumatic brain 

injury. 

Sec. 426. Improvements to the Physical Disability Evaluation System and transition program. 

Sec. 427. Expansion of access to counseling. 

Sec. 428. Expansion of postgraduate opportunities for members of the Coast 

Guard in medical and related fields. 

Sec. 429. Study on Coast Guard telemedicine program. 

Sec. 430. Study on Coast Guard medical facilities needs. 

Subtitle C—Housing 

Sec. 441. Strategy to improve quality of life at remote units. 

Sec. 442. Study on Coast Guard housing access, cost, and challenges. 

Subtitle D—Other Matters 

Sec. 451. Report on availability of emergency supplies for Coast Guard personnel. 

TITLE V—MARITIME 

Subtitle A—Vessel Safety 

Sec. 501. Abandoned Seafarer Fund amendments. 

Sec. 502. Receipts; international agreements for ice patrol services. 

Sec. 503. Passenger vessel security and safety requirements. 

Sec. 504. At-sea recovery operations pilot program. 

Sec. 505. Exoneration and limitation of liability for small passenger vessels. 

Sec. 506. Moratorium on towing vessel inspection user fees. 

Sec. 507. Certain historic passenger vessels. 

Sec. 508. Coast Guard digital registration. 

Sec. 509. Responses to safety recommendations. 

Sec. 510. Comptroller General of the United States study and report on the 

Coast Guard’s oversight of third-party organizations. 

Subtitle B—Other Matters 

Sec. 521. Definition of a stateless vessel. 

Sec. 522. Report on enforcement of coastwise laws. 


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Sec. 523. Study on multi-level supply chain security strategy of the Department 

of Homeland Security. 

Sec. 524. Study to modernize the merchant mariner licensing and documentation system. 

Sec. 525. Study and report on development and maintenance of mariner 

records database. 

TITLE VI—SEXUAL ASSAULT AND SEXUAL HARASSMENT 

PREVENTION AND RESPONSE 

Sec. 601. Definitions. 

Sec. 602. Convicted sex offender as grounds for denial. 

Sec. 603. Accommodation; notices. 

Sec. 604. Protection against discrimination. 

Sec. 605. Alcohol at sea. 

Sec. 606. Sexual harassment or sexual assault as grounds for suspension and 

revocation. 

Sec. 607. Surveillance requirements. 

Sec. 608. Master key control. 

Sec. 609. Safety management systems. 

Sec. 610. Requirement to report sexual assault and harassment. 

Sec. 611. Civil actions for personal injury or death of seamen. 

Sec. 612. Administration of sexual assault forensic examination kits. 

Sec. 613. Reports to Congress. 

Sec. 614. Policy on requests for permanent changes of station or unit transfers 

by persons who report being the victim of sexual assault. 

Sec. 615. Sex offenses and personnel records. 

Sec. 616. Study on Coast Guard oversight and investigations. 

Sec. 617. Study on Special Victims’ Counsel program. 

TITLE VII—NATIONAL OCEANIC AND ATMOSPHERIC 

ADMINISTRATION 

Subtitle A—National Oceanic and Atmospheric Administration Commissioned 

Officer Corps 

Sec. 701. Definitions. 

Sec. 702. Requirement for appointments. 

Sec. 703. Repeal of requirement to promote ensigns after 3 years of service. 

Sec. 704. Authority to provide awards and decorations. 

Sec. 705. Retirement and separation. 

Sec. 706. Licensure of health-care professionals. 

Sec. 707. Improving professional mariner staffing. 

Sec. 708. Legal assistance. 

Sec. 709. Acquisition of aircraft for extreme weather reconnaissance. 

Sec. 710. Report on professional mariner staffing models. 

Subtitle B—Other Matters 

Sec. 711. Conveyance of certain property of the National Oceanic and Atmospheric Administration in Juneau, Alaska. 

TITLE VIII—TECHNICAL, CONFORMING, AND CLARIFYING 

AMENDMENTS 

Sec. 801. Technical corrections. 


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Sec. 802. Reinstatement. 

Sec. 803. Terms and vacancies. 

1 SEC. 2. DEFINITION OF COMMANDANT. 

2 In this Act, the term ‘‘Commandant’’ means the 

3 Commandant of the Coast Guard. 

4 TITLE I—AUTHORIZATIONS 

5 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

6 Section 4902 of title 14, United States Code, is 

7 amended— 

8 (1) in the matter preceding paragraph (1), by 

9 striking ‘‘fiscal years 2020 and 2021’’ and inserting 

10 ‘‘fiscal years 2022 and 2023’’; 

11 (2) in paragraph (1)— 

12 (A) in subparagraph (A), by striking 

13 clauses (i) and (ii) and inserting the following: 

14 ‘‘(i) $10,000,000,000 for fiscal year 

15 2022; and 

16 ‘‘(ii) $10,750,000,000 for fiscal year 

17 2023.’’; 

18 (B) in subparagraph (B), by striking 

19 ‘‘$17,035,000’’ and inserting ‘‘$23,456,000’’; 

20 and 

21 (C) in subparagraph (C), by striking ‘‘, 

22 (A)(ii) $17,376,000’’ and inserting ‘‘(A)(ii), 

23 $24,353,000’’; 

24 (3) in paragraph (2)— 


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1 (A) in subparagraph (A), by striking 

2 clauses (i) and (ii) and inserting the following: 

3 ‘‘(i) $2,459,100,000 for fiscal year 

4 2022; and 

5 ‘‘(ii) $3,477,600,000 for fiscal year 

6 2023.’’; and 

7 (B) in subparagraph (B), by striking 

8 clauses (i) and (ii) and inserting the following: 

9 ‘‘(i) $20,400,000 for fiscal year 2022; 

10 and 

11 ‘‘(ii) $20,808,000 for fiscal year 

12 2023.’’; 

13 (4) in paragraph (3), by striking subparagraphs 

14 (A) and (B) and inserting the following: 

15 ‘‘(A) $7,476,000 for fiscal year 2022; and 

16 ‘‘(B) $14,681,084 for fiscal year 2023.’’; 

17 and 

18 (5) in paragraph (4), by striking subparagraphs 

19 (A) and (B) and inserting the following: 

20 ‘‘(A) $240,577,000 for fiscal year 2022; 

21 and 

22 ‘‘(B) $252,887,000 for fiscal year 2023.’’. 


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1 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

2 AND TRAINING. 

3 Section 4904 of title 14, United States Code, is 

4 amended— 

5 (1) in subsection (a), by striking ‘‘fiscal years 

6 2020 and 2021’’ and inserting ‘‘fiscal years 2022 

7 and 2023’’; and 

8 (2) in subsection (b), in the matter preceding 

9 paragraph (1), by striking ‘‘fiscal years 2020 and 

10 2021’’ and inserting ‘‘fiscal years 2022 and 2023’’. 

11 SEC. 103. AUTHORIZATION FOR SHORESIDE INFRASTRUC12 TURE AND FACILITIES. 

13 (a) IN GENERAL.—In addition to the amounts au14 thorized to be appropriated under section 4902(2)(A) of 

15 title 14, United States Code, as amended by section 101 

16 of this Act, for fiscal years 2023 through 2028— 

17 (1) $3,000,000,000 is authorized to fund main18 tenance, new construction, and repairs needed for 

19 Coast Guard shoreside infrastructure; 

20 (2) $160,000,000 is authorized to fund phase 

21 two of the recapitalization project at Coast Guard 

22 Training Center Cape May in Cape May, New Jer23 sey, to improve recruitment and training of a diverse 

24 Coast Guard workforce; and 

25 (3) $80,000,000 is authorized for the construc26 tion of additional new childcare development centers 


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1 not constructed using funds authorized by the Infra2 structure Investment and Jobs Act (Public Law 

3 117–58; 135 Stat. 429). 

4 (b) COAST GUARD YARD RESILIENT INFRASTRUC5 TURE AND CONSTRUCTION IMPROVEMENT.—In addition 

6 to the amounts authorized to be appropriated under sec7 tion 4902(2)(A)(ii) of title 14, United States Code, as 

8 amended by section 101 of this Act— 

9 (1) $400,000,000 is authorized for fiscal years 

10 2023 through 2028 for the Secretary of the depart11 ment in which the Coast Guard is operating for the 

12 purposes of improvements to facilities of the Yard; 

13 and 

14 (2) $236,000,000 is authorized for the acquisi15 tion of a new floating drydock, to remain available 

16 until expended. 

17 SEC. 104. AUTHORIZATION FOR ACQUISITION OF VESSELS. 

18 In addition to the amounts authorized to be appro19 priated under section 4902(2)(A)(ii) of title 14, United 

20 States Code, as amended by section 101 of this Act, for 

21 fiscal years 2023 through 2028— 

22 (1) $350,000,000 is authorized for the acquisi23 tion of a Great Lakes icebreaker that is at least as 

24 capable as Coast Guard cutter Mackinaw (WLBB– 

25 30); 


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1 (2) $172,500,000 is authorized for the program 

2 management, design, and acquisition of 12 Pacific 

3 Northwest heavy weather boats that are at least as 

4 capable as the Coast Guard 52-foot motor surfboat; 

5 (3) $841,000,000 is authorized for the third 

6 Polar Security Cutter; 

7 (4) $20,000,000 is authorized for initiation of 

8 activities to support acquisition of the Arctic Secu9 rity Cutter class, including program planning and 

10 requirements development to include the establish11 ment of an Arctic Security Cutter Program Office; 

12 (5) $650,000,000 is authorized for the contin13 ued acquisition of Offshore Patrol Cutters; and 

14 (6) $650,000,000 is authorized for a twelfth 

15 National Security Cutter. 

16 SEC. 105. AUTHORIZATION FOR THE CHILDCARE SUBSIDY 

17 PROGRAM. 

18 In addition to the amounts authorized to be appro19 priated under section 4902(1)(A) of title 14, United 

20 States Code, $25,000,000 is authorized to the Com21 mandant for each of fiscal years 2023 and 2024 for the 

22 childcare subsidy program. 


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1 TITLE II—COAST GUARD 

2 Subtitle A—Infrastructure and 

3 Assets 

4 SEC. 201. REPORT ON SHORESIDE INFRASTRUCTURE AND 

5 FACILITIES NEEDS. 

6 Not less frequently than annually, the Commandant 

7 shall submit to the Committee on Commerce, Science, and 

8 Transportation of the Senate and the Committee on 

9 Transportation and Infrastructure of the House of Rep10 resentatives a report that includes— 

11 (1) a detailed list of shoreside infrastructure 

12 needs for all Coast Guard facilities located within 

13 each Coast Guard District in the order of priority, 

14 including recapitalization, maintenance needs in ex15 cess of $25,000, and other shoreside infrastructure 

16 needs of the Coast Guard; 

17 (2) the estimated cost of projects to fulfill such 

18 needs, to the extent available; and 

19 (3) a general description of the state of plan20 ning for each such project. 

21 SEC. 202. FLEET MIX ANALYSIS AND SHORE INFRASTRUC22 TURE INVESTMENT PLAN. 

23 (a) FLEET MIX ANALYSIS.— 

24 (1) IN GENERAL.—The Commandant shall con25 duct an updated fleet mix analysis that provides for 


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1 a fleet mix sufficient, as determined by the Com2 mandant— 

3 (A) to carry out— 

4 (i) the missions of the Coast Guard; 

5 and 

6 (ii) emerging mission requirements; 

7 and 

8 (B) to address— 

9 (i) national security threats; and 

10 (ii) the global deployment of the Coast 

11 Guard to counter great power competitors. 

12 (2) REPORT.—Not later than 1 year after the 

13 date of the enactment of this Act, the Commandant 

14 shall submit to Congress a report on the results of 

15 the updated fleet mix analysis required by paragraph 

16 (1). 

17 (b) SHORE INFRASTRUCTURE INVESTMENT PLAN.— 

18 (1) IN GENERAL.—The Commandant shall de19 velop an updated shore infrastructure investment 

20 plan that includes— 

21 (A) the construction of additional facilities 

22 to accommodate the updated fleet mix described 

23 in subsection (a)(1); 

24 (B) improvements necessary to ensure that 

25 existing facilities meet requirements and remain 


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1 operational for the lifespan of such fleet mix, 

2 including necessary improvements to informa3 tion technology infrastructure; 

4 (C) a timeline for the construction and im5 provement of the facilities described in subpara6 graphs (A) and (B); and 

7 (D) a cost estimate for construction and 

8 life-cycle support of such facilities, including for 

9 necessary personnel. 

10 (2) REPORT.—Not later than 1 year after the 

11 date on which the report under subsection (a)(2) is 

12 submitted, the Commandant shall submit to Con13 gress a report on the plan required by paragraph 

14 (1). 

15 SEC. 203. ACQUISITION LIFE-CYCLE COST ESTIMATES. 

16 Section 1132(e) of title 14, United States Code, is 

17 amended by striking paragraphs (2) and (3) and inserting 

18 the following: 

19 ‘‘(2) TYPES OF ESTIMATES.—For each Level 1 

20 or Level 2 acquisition project or program, in addi21 tion to life-cycle cost estimates developed under 

22 paragraph (1), the Commandant shall require— 

23 ‘‘(A) such life-cycle cost estimates to be 

24 updated before— 


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1 ‘‘(i) each milestone decision is con2 cluded; and 

3 ‘‘(ii) the project or program enters a 

4 new acquisition phase; and 

5 ‘‘(B) an independent cost estimate or inde6 pendent cost assessment, as appropriate, to be 

7 developed to validate such life-cycle cost esti8 mates.’’. 

9 SEC. 204. REPORT AND BRIEFING ON RESOURCING STRAT10 EGY FOR WESTERN PACIFIC REGION. 

11 (a) REPORT.— 

12 (1) IN GENERAL.—Not later than 1 year after 

13 the date of the enactment of this Act, the Com14 mandant, in consultation with the Coast Guard 

15 Commander of the Pacific Area, the Commander of 

16 United States Indo-Pacific Command, and the 

17 Under Secretary of Commerce for Oceans and At18 mosphere, shall submit to the Committee on Com19 merce, Science, and Transportation of the Senate 

20 and the Committee on Transportation and Infra21 structure of the House of Representatives a report 

22 outlining the Coast Guard’s resourcing needs to 

23 achieve optimum operations in the Western Pacific 

24 region. 


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1 (2) ELEMENTS.—The report required under 

2 paragraph (1) shall include the following: 

3 (A) An assessment of the risks and associ4 ated needs— 

5 (i) to United States strategic mari6 time interests, in particular such interests 

7 in areas west of the International Date 

8 Line, including risks to bilateral maritime 

9 partners of the United States, posed by 

10 not fully staffing and equipping Coast 

11 Guard operations in the Western Pacific 

12 region; 

13 (ii) to the Coast Guard mission and 

14 force posed by not fully staffing and equip15 ping Coast Guard operations in the West16 ern Pacific region; and 

17 (iii) to support the call of the Presi18 dent, as set forth in the Indo-Pacific Strat19 egy, to expand Coast Guard presence and 

20 cooperation in Southeast Asia, South Asia, 

21 and the Pacific Islands, with a focus on 

22 advising, training, deployment, and capac23 ity-building. 

24 (B) A description of the additional re25 sources, including shoreside resources, required 


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1 to fully implement the needs described in sub2 paragraph (A), including the United States 

3 commitment to bilateral fisheries law enforce4 ment in the Pacific Ocean. 

5 (C) A description of the operational and 

6 personnel assets required and a dispersal plan 

7 for available and projected future Coast Guard 

8 cutters and aviation forces to conduct optimum 

9 operations in the Western Pacific region. 

10 (D) An analysis with respect to whether a 

11 national security cutter or fast response cutter 

12 located at a United States military installation 

13 in a foreign country in the Western Pacific Re14 gion would enhance United States national se15 curity, partner country capacity building, and 

16 prevention and effective response to illegal, un17 reported, and unregulated fishing. 

18 (E) An assessment of the benefits and as19 sociated costs involved in— 

20 (i) increasing staffing of Coast Guard 

21 personnel within the command elements of 

22 United States Indo-Pacific Command or 

23 subordinate commands; and 

24 (ii) designating a Coast Guard patrol 

25 force under the direct authority of the 


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1 Commander of the United States Indo-Pa2 cific Command with associated forward3 based assets and personnel. 

4 (F) An identification of any additional au5 thority necessary, including proposals for legis6 lative change, to meet the needs identified in 

7 accordance with subparagraphs (A) through (E) 

8 and any other mission requirement in the West9 ern Pacific region. 

10 (3) FORM.—The report required under para11 graph (1) shall be submitted in unclassified form but 

12 may include a classified annex. 

13 (b) BRIEFING.—Not later than 60 days after the date 

14 on which the Commandant submits the report under sub15 section (a), the Commandant, or a designated individual, 

16 shall provide to the Committee on Commerce, Science, and 

17 Transportation of the Senate and the Committee on 

18 Transportation and Infrastructure of the House of Rep19 resentatives a briefing on the findings and conclusions of 

20 such report. 


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1 SEC. 205. STUDY AND REPORT ON NATIONAL SECURITY 

2 AND DRUG TRAFFICKING THREATS IN THE 

3 FLORIDA STRAITS AND CARIBBEAN REGION, 

4 INCLUDING CUBA. 

5 (a) IN GENERAL.—The Commandant shall conduct 

6 a study on national security, drug trafficking, and other 

7 relevant threats as the Commandant considers appro8 priate, in the Florida Straits and Caribbean region, in9 cluding Cuba. 

10 (b) ELEMENTS.—The study required by subsection 

11 (a) shall include the following: 

12 (1) An assessment of— 

13 (A) new technology and evasive maneuvers 

14 used by transnational criminal organizations to 

15 evade detection and interdiction by Coast 

16 Guard law enforcement units and interagency 

17 partners; and 

18 (B) capability gaps of the Coast Guard 

19 with respect to— 

20 (i) the detection and interdiction of il21 licit drugs in the Florida Straits and Car22 ibbean region, including Cuba; and 

23 (ii) the detection of national security 

24 threats in such region. 

25 (2) An identification of— 


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1 (A) the critical technological advancements 

2 required for the Coast Guard to meet current 

3 and anticipated threats in such region; 

4 (B) the capabilities required to enhance in5 formation sharing and coordination between the 

6 Coast Guard and interagency partners, foreign 

7 governments, and related civilian entities; and 

8 (C) any significant new or developing 

9 threat to the United States posed by illicit ac10 tors in such region. 

11 (c) REPORT.—Not later than 2 years after the date 

12 of the enactment of this Act, the Commandant shall sub13 mit to the Committee on Commerce, Science, and Trans14 portation of the Senate and the Committee on Transpor15 tation and Infrastructure of the House of Representatives 

16 a report on the results of the study under subsection (a). 

17 SEC. 206. COAST GUARD YARD. 

18 (a) IN GENERAL.—With respect to the Coast Guard 

19 Yard, the purposes of the authorization under section 

20 103(b) are— 

21 (1) to improve resilience and capacity; 

22 (2) to maintain and expand Coast Guard or23 ganic manufacturing capacity; 

24 (3) to expand training and recruitment; 

25 (4) to enhance safety; 


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1 (5) to improve environmental compliance; and 

2 (6) to ensure that the Coast Guard Yard is pre3 pared to meet the growing needs of the modern 

4 Coast Guard fleet. 

5 (b) INCLUSIONS.—The Secretary of the department 

6 in which the Coast Guard is operating shall ensure that 

7 the Coast Guard Yard receives improvements that include 

8 the following: 

9 (1) Facilities upgrades needed to improve resil10 ience of the shipyard, its facilities, and associated in11 frastructure. 

12 (2) Acquisition of a large-capacity drydock. 

13 (3) Improvements to piers and wharves, dry14 docks, and capital equipment utilities. 

15 (4) Environmental remediation. 

16 (5) Construction of a new warehouse and paint 

17 facility. 

18 (6) Acquisition of a new travel lift. 

19 (7) Dredging necessary to facilitate access to 

20 the Coast Guard Yard. 

21 (c) WORKFORCE DEVELOPMENT PLAN.—Not later 

22 than 180 days after the date of the enactment of this Act, 

23 the Commandant shall submit to the Committee on Com24 merce, Science, and Transportation of the Senate and the 

25 Committee on Transportation and Infrastructure of the 


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1 House of Representatives, a workforce development plan 

2 that— 

3 (1) outlines the workforce needs of the Coast 

4 Guard Yard with respect to civilian employees and 

5 active duty members of the Coast Guard, including 

6 engineers, individuals engaged in trades, cyber spe7 cialists, and other personnel necessary to meet the 

8 evolving mission set of the Coast Guard Yard; and 

9 (2) includes recommendations for Congress with 

10 respect to the authorities, training, funding, and ci11 vilian and active-duty recruitment, including the re12 cruitment of women and underrepresented minori13 ties, necessary to meet workforce needs of the Coast 

14 Guard Yard for the 10-year period beginning on the 

15 date of submission of the plan. 

16 SEC. 207. AUTHORITY TO ENTER INTO TRANSACTIONS 

17 OTHER THAN CONTRACTS AND GRANTS TO 

18 PROCURE COST-EFFECTIVE TECHNOLOGY 

19 FOR MISSION NEEDS. 

20 (a) IN GENERAL.—Subchapter III of chapter 11 of 

21 title 14, United States Code, is amended by adding at the 

22 end the following: 


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1 ‘‘§ 1158. Authority to enter into transactions other 

2 than contracts and grants to procure 

3 cost-effective, advanced technology for 

4 mission-critical needs 

5 ‘‘(a) IN GENERAL.—Subject to subsections (b) and 

6 (c), the Commandant may enter into transactions (other 

7 than contracts, cooperative agreements, and grants) to de8 velop prototypes for, and to operate and procure, cost-ef9 fective technology for the purpose of meeting the mission 

10 needs of the Coast Guard. 

11 ‘‘(b) PROCUREMENT AND ACQUISITION.—Procure12 ment or acquisition of technologies under subsection (a) 

13 shall be— 

14 ‘‘(1) carried out in accordance with this title 

15 and Coast Guard policies and guidance; and 

16 ‘‘(2) consistent with the operational require17 ments of the Coast Guard. 

18 ‘‘(c) LIMITATIONS.— 

19 ‘‘(1) IN GENERAL.—The Commandant may not 

20 enter into a transaction under subsection (a) with 

21 respect to a technology that— 

22 ‘‘(A) does not comply with the cybersecu23 rity standards of the Coast Guard; or 

24 ‘‘(B) is sourced from an entity domiciled in 

25 the People’s Republic of China, unless the Com26 mandant determines that the prototype, operVerDate Sep 11 2014 18:03 Sep 13, 2022 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S4802.IS S4802

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1 ation, or procurement of such a technology is 

2 for the purpose of— 

3 ‘‘(i) counter-UAS operations, surro4 gate testing, or training; or 

5 ‘‘(ii) intelligence, electronic warfare, 

6 and information warfare operations, test7 ing, analysis, and training. 

8 ‘‘(2) WAIVER.—The Commandant may waive 

9 the application under paragraph (1) on a case-by10 case basis by certifying in writing to the Secretary 

11 of Homeland Security and the appropriate commit12 tees of Congress that the prototype, operation, or 

13 procurement of the applicable technology is in the 

14 national interests of the United States. 

15 ‘‘(d) EDUCATION AND TRAINING.—The Commandant 

16 shall ensure that management, technical, and contracting 

17 personnel of the Coast Guard involved in the award or 

18 administration of transactions under this section, or other 

19 innovative forms of contracting, are provided opportunities 

20 for adequate education and training with respect to the 

21 authority under this section. 

22 ‘‘(e) REPORT.— 

23 ‘‘(1) IN GENERAL.—Not later than 5 years 

24 after the date of the enactment of this section, the 


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1 Commandant shall submit to the appropriate com2 mittees of Congress a report that— 

3 ‘‘(A) describes the use of the authority 

4 pursuant to this section; and 

5 ‘‘(B) assesses the mission and operational 

6 benefits of such authority. 

7 ‘‘(2) APPROPRIATE COMMITTEES OF CONGRESS

8 DEFINED.—In this subsection, the term ‘appropriate 

9 committees of Congress’ means— 

10 ‘‘(A) the Committee on Commerce, 

11 Science, and Transportation of the Senate; and 

12 ‘‘(B) the Committee on Transportation 

13 and Infrastructure of the House of Representa14 tives. 

15 ‘‘(f) REGULATIONS.—The Commandant shall pre16 scribe regulations as necessary to carry out this section. 

17 ‘‘(g) DEFINITIONS OF UNMANNED AIRCRAFT, UN18 MANNED AIRCRAFT SYSTEM, AND COUNTER-UAS.—In 

19 this section, the terms ‘unmanned aircraft’, ‘unmanned 

20 aircraft system’, and ‘counter-UAS’ have the meanings 

21 given such terms in section 44801 of title 49, United 

22 States Code.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for sub24 chapter II of chapter 11 of title 14, United States Code, 

25 is amended by adding at the end the following: 


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‘‘1158. Authority to enter into transactions other than contracts and grants to 

procure cost-effective technology for mission needs.’’. 

1 SEC. 208. IMPROVEMENTS TO INFRASTRUCTURE AND OP2 ERATIONS PLANNING. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of the enactment of this Act, the Commandant shall 

5 incorporate the most recent oceanic and atmospheric data 

6 relating to the increasing rates of extreme weather, includ7 ing flooding, into planning scenarios for Coast Guard in8 frastructure and mission deployments with respect to all 

9 Coast Guard Missions. 

10 (b) COORDINATION WITH NATIONAL OCEANIC AND

11 ATMOSPHERIC ADMINISTRATION.—In carrying out sub12 section (a), the Commandant shall— 

13 (1) coordinate with the Under Secretary of 

14 Commerce for Oceans and Atmosphere to ensure the 

15 incorporation of the most recent environmental and 

16 climatic data; and 

17 (2) request technical assistance and advice from 

18 the Under Secretary in planning scenarios, as appro19 priate. 

20 (c) BRIEFING.—Not later than 1 year after the date 

21 of the enactment of this Act, the Commandant shall pro22 vide to the Committee on Commerce, Science, and Trans23 portation of the Senate and the Committee on Transpor24 tation and Infrastructure of the House of Representatives 


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1 a briefing on the manner in which the best-available 

2 science from the National Oceanic and Atmospheric Ad3 ministration has been incorporated into at least 1 key mis4 sion area of the Coast Guard, and the lessons learned from 

5 so doing. 

6 Subtitle B—Great Lakes 

7 SEC. 211. GREAT LAKES WINTER COMMERCE. 

8 (a) IN GENERAL.—Subchapter IV of chapter 5 of 

9 title 14, United States Code, is amended by adding at the 

10 end the following: 

11 ‘‘§ 564. Great Lakes icebreaking operations 

12 ‘‘(a) GAO REPORT.— 

13 ‘‘(1) IN GENERAL.—Not later than 1 year after 

14 the date of the enactment of this section, the Comp15 troller General of the United States shall submit to 

16 the Committee on Commerce, Science, and Trans17 portation of the Senate and the Committee on 

18 Transportation and Infrastructure of the House of 

19 Representatives a report on the Coast Guard Great 

20 Lakes icebreaking program. 

21 ‘‘(2) ELEMENTS.—The report required under 

22 paragraph (1) shall include the following: 

23 ‘‘(A) An evaluation of the economic impact 

24 of vessel delays or cancellations associated with 

25 ice coverage on the Great Lakes. 


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1 ‘‘(B) An evaluation of mission needs of the 

2 Coast Guard Great Lakes icebreaking program. 

3 ‘‘(C) An evaluation of the impact that the 

4 proposed standards described in subsection (b) 

5 would have on— 

6 ‘‘(i) Coast Guard operations in the 

7 Great Lakes; 

8 ‘‘(ii) Northeast icebreaking missions; 

9 and 

10 ‘‘(iii) inland waterway operations. 

11 ‘‘(D) A fleet mix analysis for meeting such 

12 proposed standards. 

13 ‘‘(E) A description of the resources nec14 essary to support the fleet mix resulting from 

15 such fleet mix analysis, including for crew and 

16 operating costs. 

17 ‘‘(F) Recommendations to the Com18 mandant for improvements to the Great Lakes 

19 icebreaking program, including with respect to 

20 facilitating commerce and meeting all Coast 

21 Guard mission needs. 

22 ‘‘(b) PROPOSED STANDARDS FOR ICEBREAKING OP23 ERATIONS.—The proposed standards described in this 

24 subsection are the following: 


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1 ‘‘(1) Except as provided in paragraph (2), the 

2 Commandant shall keep ice-covered waterways in the 

3 Great Lakes open to navigation during not less than 

4 90 percent of the hours that commercial vessels and 

5 ferries attempt to transit such ice-covered water6 ways. 

7 ‘‘(2) In a year in which the Great Lakes are 

8 not open to navigation because of ice of a thickness 

9 that occurs on average only once every 10 years, the 

10 Commandant shall keep ice-covered waterways in the 

11 Great Lakes open to navigation during not less than 

12 70 percent of the hours that commercial vessels and 

13 ferries attempt to transit such ice-covered water14 ways. 

15 ‘‘(c) REPORT BY COMMANDANT.—Not later than 90 

16 days after the date on which the Comptroller General sub17 mits the report under subsection (a), the Commandant 

18 shall submit to the Committee on Commerce, Science, and 

19 Transportation of the Senate and the Committee on 

20 Transportation and Infrastructure of the House of Rep21 resentatives a report that includes the following: 

22 ‘‘(1) A plan for Coast Guard implementation of 

23 any recommendation made by the Comptroller Gen24 eral under subparagraph (F) of subsection (a)(2) the 

25 Commandant considers appropriate. 


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1 ‘‘(2) With respect to any recommendation made 

2 under such subparagraph that the Commandant de3 clines to implement, a justification for such decision. 

4 ‘‘(3) A review of, and a proposed implementa5 tion plan for, the results of the fleet mix analysis 

6 under subparagraph (D) of that subsection. 

7 ‘‘(4) Any proposed modifications to the stand8 ards for icebreaking operations in the Great Lakes. 

9 ‘‘(d) DEFINITIONS.—In this section: 

10 ‘‘(1) COMMERCIAL VESSEL.—The term ‘com11 mercial vessel’ means any privately owned cargo ves12 sel operating in the Great Lakes during the winter 

13 season of at least 500 tons, as measured under sec14 tion 14502 of title 46, or an alternate tonnage meas15 ured under section 14302 of such title, as prescribed 

16 by the Secretary under section 14104 of such title. 

17 ‘‘(2) GREAT LAKES.—The term ‘Great Lakes’ 

18 means the United States waters of Lake Superior, 

19 Lake Michigan, Lake Huron, Lake Erie, and Lake 

20 Ontario, their connecting waterways, and their adja21 cent harbors. 

22 ‘‘(3) ICE-COVERED WATERWAY.—The term ‘ice23 covered waterway’ means any portion of the Great 

24 Lakes in which commercial vessels or ferries operate 

25 that is 70 percent or greater covered by ice, but does 


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1 not include any waters adjacent to piers or docks for 

2 which commercial icebreaking services are available 

3 and adequate for the ice conditions. 

4 ‘‘(4) OPEN TO NAVIGATION.—The term ‘open to 

5 navigation’ means navigable to the extent necessary, 

6 in no particular order of priority— 

7 ‘‘(A) to extricate vessels and individuals 

8 from danger; 

9 ‘‘(B) to prevent damage due to flooding; 

10 ‘‘(C) to meet the reasonable demands of 

11 commerce; 

12 ‘‘(D) to minimize delays to passenger fer13 ries; and 

14 ‘‘(E) to conduct other Coast Guard mis15 sions as required. 

16 ‘‘(5) REASONABLE DEMANDS OF COMMERCE.— 

17 The term ‘reasonable demands of commerce’ means 

18 the safe movement of commercial vessels and ferries 

19 transiting ice-covered waterways in the Great Lakes, 

20 regardless of type of cargo, at a speed consistent 

21 with the design capability of Coast Guard ice22 breakers operating in the Great Lakes and appro23 priate to the ice capability of the commercial ves24 sel.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 5 of title 14, United States Code, is amended by add3 ing at the end the following: 

‘‘564. Great Lakes icebreaking operations.’’. 

4 SEC. 212. DATABASE ON ICEBREAKING OPERATIONS IN THE 

5 GREAT LAKES. 

6 (a) IN GENERAL.—The Commandant shall establish 

7 and maintain a database for collecting, archiving, and dis8 seminating data on icebreaking operations and commercial 

9 vessel and ferry transit in the Great Lakes during ice sea10 son. 

11 (b) ELEMENTS.—The database required under sub12 section (a) shall include the following: 

13 (1) Attempts by commercial vessels and ferries 

14 to transit ice-covered waterways in the Great Lakes 

15 that are unsuccessful because of inadequate 

16 icebreaking. 

17 (2) The period of time that each commercial 

18 vessel or ferry was unsuccessful at so transiting due 

19 to inadequate icebreaking. 

20 (3) The amount of time elapsed before each 

21 such commercial vessel or ferry was successfully bro22 ken out of the ice and whether it was accomplished 

23 by the Coast Guard or by commercial icebreaking 

24 assets. 


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1 (4) Relevant communications of each such com2 mercial vessel or ferry with the Coast Guard and 

3 with commercial icebreaking services during such pe4 riod. 

5 (5) A description of any mitigating cir6 cumstance, such as Coast Guard icebreaker diver7 sions to higher priority missions, that may have con8 tributed to the amount of time described in para9 graph (3). 

10 (c) VOLUNTARY REPORTING.—Any reporting by op11 erators of commercial vessels or ferries under this section 

12 shall be voluntary. 

13 (d) PUBLIC AVAILABILITY.—The Commandant shall 

14 make the database available to the public on a publicly 

15 accessible internet website of the Coast Guard. 

16 (e) CONSULTATION WITH INDUSTRY.—With respect 

17 to the Great Lakes icebreaking operations of the Coast 

18 Guard and the development of the database required 

19 under subsection (a), the Commandant shall consult oper20 ators of commercial vessels and ferries. 

21 (f) DEFINITIONS.—In this section: 

22 (1) COMMERCIAL VESSEL.—The term ‘‘commer23 cial vessel’’ means any privately owned cargo vessel 

24 operating in the Great Lakes during the winter sea25 son of at least 500 tons, as measured under section 


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1 14502 of title 46, United States Code, or an alter2 nate tonnage measured under section 14302 of such 

3 title, as prescribed by the Secretary of the depart4 ment in which the Coast Guard is operating under 

5 section 14104 of such title. 

6 (2) GREAT LAKES.—The term ‘‘Great Lakes’’ 

7 means the United States waters of Lake Superior, 

8 Lake Michigan, Lake Huron, Lake Erie, and Lake 

9 Ontario, their connecting waterways, and their adja10 cent harbors. 

11 (3) ICE-COVERED WATERWAY.—The term ‘‘ice12 covered waterway’’ means any portion of the Great 

13 Lakes in which commercial vessels or ferries operate 

14 that is 70 percent or greater covered by ice, but does 

15 not include any waters adjacent to piers or docks for 

16 which commercial icebreaking services are available 

17 and adequate for the ice conditions. 

18 (4) OPEN TO NAVIGATION.—The term ‘‘open to 

19 navigation’’ means navigable to the extent necessary, 

20 in no particular order of priority— 

21 (A) to extricate vessels and individuals 

22 from danger; 

23 (B) to prevent damage due to flooding; 

24 (C) to meet the reasonable demands of 

25 commerce; 


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1 (D) to minimize delays to passenger fer2 ries; and 

3 (E) to conduct other Coast Guard missions 

4 as required. 

5 (5) REASONABLE DEMANDS OF COMMERCE.— 

6 The term ‘‘reasonable demands of commerce’’ means 

7 the safe movement of commercial vessels and ferries 

8 transiting ice-covered waterways in the Great Lakes, 

9 regardless of type of cargo, at a speed consistent 

10 with the design capability of Coast Guard ice11 breakers operating in the Great Lakes and appro12 priate to the ice capability of the commercial vessel. 

13 (g) PUBLIC REPORT.—Not later than July 1 after 

14 the first winter in which the Commandant is subject to 

15 the requirements of section 564 of title 14, United States 

16 Code, the Commandant shall publish on a publicly acces17 sible internet website of the Coast Guard a report on the 

18 cost to the Coast Guard of meeting the requirements of 

19 that section. 

20 SEC. 213. GREAT LAKES SNOWMOBILE ACQUISITION PLAN. 

21 (a) IN GENERAL.—The Commandant shall develop a 

22 plan to expand snowmobile procurement for Coast Guard 

23 units at which snowmobiles may improve ice rescue re24 sponse times while maintaining the safety of Coast Guard 

25 personnel engaged in search and rescue. The plan must 


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1 include consideration of input from Officers in Charge, 

2 Commanding Officers, and Commanders of impacted 

3 units. 

4 (b) ELEMENTS.—The plan required by subsection (a) 

5 shall include— 

6 (1) a consideration of input from officers in 

7 charge, commanding officers, and commanders of af8 fected Coast Guard units; 

9 (2) a detailed description of the estimated costs 

10 of procuring, maintaining, and training members of 

11 the Coast Guard at affected units to use snowmo12 biles; and 

13 (3) an assessment of— 

14 (A) the degree to which snowmobiles may 

15 improve ice rescue response times while main16 taining the safety of Coast Guard personnel en17 gaged in search and rescue; 

18 (B) the operational capabilities of a snow19 mobile, as compared to an airboat, and a force 

20 laydown assessment with respect to the assets 

21 needed for effective operations at Coast Guard 

22 units conducting ice rescue activities; and 

23 (C) the potential risks to members of the 

24 Coast Guard and members of the public posed 


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1 by the use of snowmobiles by members of the 

2 Coast Guard for ice rescue activities. 

3 (c) PUBLIC AVAILABILITY.—Not later than 1 year 

4 after the date of the enactment of this Act, the Com5 mandant shall finalize the plan required by subsection (a) 

6 and make the plan available on a publicly accessible inter7 net website of the Coast Guard. 

8 SEC. 214. GREAT LAKES BARGE INSPECTION EXEMPTION. 

9 Section 3302(m) of title 46, United States Code, is 

10 amended— 

11 (1) in the matter preceding paragraph (1), by 

12 inserting ‘‘or a Great Lakes barge’’ after ‘‘seagoing 

13 barge’’; and 

14 (2) by striking ‘‘section 3301(6) of this title’’ 

15 and inserting ‘‘paragraph (6) or (13) of section 

16 3301 of this title’’. 

17 SEC. 215. STUDY ON SUFFICIENCY OF COAST GUARD AVIA18 TION ASSETS TO MEET MISSION DEMANDS. 

19 (a) IN GENERAL.—Not later than 1 year after the 

20 date of the enactment of this Act, the Commandant shall 

21 submit to the Committee on Commerce, Science, and 

22 Transportation of the Senate and the Committee on 

23 Transportation and Infrastructure of the House of Rep24 resentatives a report on— 


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1 (1) the force laydown of Coast Guard aviation 

2 assets; and 

3 (2) any geographic gaps in coverage by Coast 

4 Guard assets in areas in which the Coast Guard has 

5 search and rescue responsibilities. 

6 (b) ELEMENTS.—The report required by subsection 

7 (a) shall include the following: 

8 (1) The distance, time, and weather challenges 

9 that MH–65 and MH–60 units may face in reaching 

10 the outermost limits of the area of operation of 

11 Coast Guard District 9 for which such units are re12 sponsible. 

13 (2) An assessment of the advantages that Coast 

14 Guard fixed-wing assets, or an alternate rotary wing 

15 asset, would offer to the outermost limits of any 

16 area of operation for purposes of search and rescue, 

17 law enforcement, ice operations, and logistical mis18 sions. 

19 (3) A comparison of advantages and disadvan20 tages of the manner in which each of the Coast 

21 Guard fixed-wing aircraft would operate in the out22 ermost limits of any area of operation. 

23 (4) A specific assessment of the coverage gaps, 

24 including gaps in fixed-wing coverage, and potential 

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1 ation of Coast Guard District 9, including the east2 ern region of such area of operation. 

3 Subtitle C—Arctic 

4 SEC. 221. ESTABLISHMENT OF THE ARCTIC SECURITY CUT5 TER PROGRAM OFFICE. 

6 (a) IN GENERAL.—Not later than 90 days after the 

7 date of the enactment of this Act, the Commandant shall 

8 establish a program office for the acquisition of the Arctic 

9 Security Cutter to expedite the evaluation of requirements 

10 and initiate design of a vessel class critical to the national 

11 security of the United States. 

12 (b) DESIGN PHASE.—Not later than 270 days after 

13 the date of the enactment of this Act, the Commandant 

14 shall initiate the design phase of the Arctic Security Cut15 ter vessel class. 

16 (c) QUARTERLY BRIEFINGS.—Not less frequently 

17 than quarterly until the date on which the contract for 

18 acquisition of the Arctic Security Cutter is awarded, the 

19 Commandant shall provide a briefing to the Committee on 

20 Commerce, Science, and Transportation of the Senate and 

21 the Committee on Transportation and Infrastructure of 

22 the House of Representatives on the status of require23 ments evaluations, design of the vessel, and schedule of 

24 the program. 


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1 SEC. 222. ARCTIC ACTIVITIES. 

2 (a) DEFINITIONS.—In this section: 

3 (1) APPROPRIATE COMMITTEES OF CON4 GRESS.—The term ‘‘appropriate committees of Con5 gress’’ means— 

6 (A) the Committee on Commerce, Science, 

7 and Transportation of the Senate; and 

8 (B) the Committee on Transportation and 

9 Infrastructure of the House of Representatives. 

10 (2) ARCTIC.—The term ‘‘Arctic’’ has the mean11 ing given such term in section 112 of the Arctic Re12 search and Policy Act of 1984 (15 U.S.C. 4111). 

13 (b) ARCTIC OPERATIONAL IMPLEMENTATION RE14 PORT.—Not later than 1 year after the date of the enact15 ment of this Act, the Secretary of the department in which 

16 the Coast Guard is operating shall submit a report to the 

17 appropriate committees of Congress that describes the 

18 ability and timeline to conduct a transit of the Northern 

19 Sea Route and periodic transits of the Northwest Passage. 

20 SEC. 223. STUDY ON ARCTIC OPERATIONS AND INFRA21 STRUCTURE. 

22 (a) IN GENERAL.—Not later than 1 year after the 

23 date of the enactment of this Act, the Comptroller General 

24 of the United States shall commence a study on the Arctic 

25 operations and infrastructure of the Coast Guard. 


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1 (b) ELEMENTS.—The study required under sub2 section (a) shall assess the following: 

3 (1) The extent of the collaboration between the 

4 Coast Guard and the Department of Defense to as5 sess, manage, and mitigate security risks in the Arc6 tic region. 

7 (2) Actions taken by the Coast Guard to man8 age risks to Coast Guard operations, infrastructure, 

9 and workforce planning in the Arctic. 

10 (3) The plans the Coast Guard has in place for 

11 managing and mitigating the risks to commercial 

12 maritime operations and the environment in the Arc13 tic region. 

14 (c) REPORT.—Not later than 1 year after com15 mencing the study required under subsection (a), the 

16 Comptroller General shall submit to the Committee on 

17 Commerce, Science, and Transportation of the Senate and 

18 the Committee on Transportation and Infrastructure of 

19 the House of Representatives a report on the findings of 

20 the study. 

21 Subtitle D—Maritime Cyber and 

22 Artificial Intelligence 

23 SEC. 231. ENHANCING MARITIME CYBERSECURITY. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) CYBER INCIDENT.—The term ‘‘cyber inci2 dent’’— 

3 (A) means an event occurring on or con4 ducted through a computer network that actu5 ally or imminently jeopardizes the integrity, 

6 confidentiality, or availability of computers, in7 formation or communications systems or net8 works, physical or virtual infrastructure con9 trolled by computers or information systems, or 

10 information resident thereon; and 

11 (B) includes a vulnerability in an informa12 tion system, system security procedures, inter13 nal controls, or implementation that could be 

14 exploited by a threat source. 

15 (2) MARITIME OPERATORS.—The term ‘‘mari16 time operators’’ means the owners or operators of 

17 vessels engaged in commercial service, the owners or 

18 operators of port facilities, and port authorities. 

19 (3) SIGNIFICANT CYBER INCIDENT.—The term 

20 ‘‘significant cyber incident’’ means a cyber incident 

21 that the Secretary of Homeland Security determines 

22 is (or group of related cyber incidents that together 

23 are) likely to result in demonstrable harm to the na24 tional security interests, foreign relations, or econ25 omy of the United States or to public confidence, 


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1 civil liberties, or public health and safety of the peo2 ple of the United States. 

3 (4) PORT FACILITIES.—The term ‘‘port facili4 ties’’ has the meaning given the term ‘‘facility’’ in 

5 section 70101 of title 46. 

6 (b) PUBLIC AVAILABILITY OF CYBERSECURITY

7 TOOLS AND RESOURCES.— 

8 (1) IN GENERAL.—Not later than 2 years after 

9 the date of the enactment of this Act, the Com10 mandant, in coordination with the Administrator of 

11 the Maritime Administration, the Director of the Cy12 bersecurity and Infrastructure Security Agency, and 

13 the Director of the National Institute of Standards 

14 and Technology, shall identify and make available to 

15 the public a list of tools and resources, including the 

16 resources of the Coast Guard and the Cybersecurity 

17 and Infrastructure Security Agency, designed to as18 sist maritime operators in identifying, detecting, pro19 tecting against, responding to, and recovering from 

20 significant cyber incidents. 

21 (2) IDENTIFICATION.—In carrying out para22 graph (1), the Commandant, the Administrator of 

23 the Maritime Administration, the Director of the Cy24 bersecurity and Infrastructure Security Agency, and 

25 the Director of the National Institute of Standards 


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1 and Technology shall identify tools and resources 

2 that— 

3 (A) comply with the cybersecurity frame4 work for improving critical infrastructure estab5 lished by the National Institute of Standards 

6 and Technology; or 

7 (B) use the guidelines on maritime cyber 

8 risk management issued by the International 

9 Maritime Organization on July 5, 2017 (or suc10 cessor guidelines). 

11 (3) CONSULTATION.— 

12 (A) IN GENERAL.—The Commandant, the 

13 Administrator of the Maritime Administration, 

14 the Director of the Cybersecurity and Infra15 structure Security Agency, and the Director of 

16 the National Institute of Standards and Tech17 nology may consult with maritime operators, 

18 other Federal agencies, industry stakeholders, 

19 and cybersecurity experts to identify tools and 

20 resources for purposes of this section. 

21 (B) INAPPLICABILITY OF FACA.—The Fed22 eral Advisory Committee Act (5 U.S.C. App.) 

23 shall not apply to the consultation described in 

24 subparagraph (A) or to any other action in sup25 port of the implementation of this section. 


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1 SEC. 232. ESTABLISHMENT OF UNMANNED SYSTEM PRO2 GRAM AND AUTONOMOUS CONTROL AND 

3 COMPUTER VISION TECHNOLOGY PROJECT. 

4 (a) IN GENERAL.—Section 319 of title 14, United 

5 States Code, is amended to read as follows: 

6 ‘‘§ 319. Unmanned system program and autonomous 

7 control and computer vision technology 

8 project 

9 ‘‘(a) UNMANNED SYSTEM PROGRAM.—The Secretary 

10 shall establish, under the control of the Commandant, an 

11 unmanned system program for the use by the Coast Guard 

12 of land-based, cutter-based, and aircraft-based unmanned 

13 systems for the purpose of increasing effectiveness and ef14 ficiency of mission execution. 

15 ‘‘(b) AUTONOMOUS CONTROL AND COMPUTER VI16 SION TECHNOLOGY PROJECT.— 

17 ‘‘(1) IN GENERAL.—The Commandant shall 

18 conduct a project to retrofit 2 or more existing 

19 Coast Guard small boats deployed at operational 

20 units with— 

21 ‘‘(A) commercially available autonomous 

22 control and computer vision technology; and 

23 ‘‘(B) such sensors and methods of commu24 nication as are necessary to control, and tech25 nology to assist in conducting, search and res26 cue, surveillance, and interdiction missions. 


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1 ‘‘(2) DATA COLLECTION.—As part of the 

2 project required by paragraph (1), the Commandant 

3 shall collect and evaluate field-collected operational 

4 data from the retrofit described in that paragraph so 

5 as to inform future requirements. 

6 ‘‘(3) BRIEFING.—Not later than 180 days after 

7 the date on which the project required under para8 graph (1) is completed, the Commandant shall pro9 vide a briefing to the Committee on Commerce, 

10 Science, and Transportation of the Senate and the 

11 Committee on Transportation and Infrastructure of 

12 the House of Representatives on the project that in13 cludes an evaluation of the data collected from the 

14 project. 

15 ‘‘(c) UNMANNED SYSTEM DEFINED.—In this section, 

16 the term ‘unmanned system’ means— 

17 ‘‘(1) an unmanned aircraft system (as defined 

18 in section 331 of the Federal Aviation Administra19 tion Modernization and Reform Act of 2012 (Public 

20 Law 112–95; 49 U.S.C. 44802 note)); 

21 ‘‘(2) an unmanned marine surface system; and 

22 ‘‘(3) an unmanned marine subsurface system. 

23 ‘‘(d) COST ASSESSMENT.—Not later than 1 year 

24 after the date of the enactment of this Act, the Com25 mandant shall provide to Congress an estimate of the costs 


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1 associated with implementing the amendments made by 

2 this section.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chap4 ter 3 of title 14, United States Code, is amended by strik5 ing the item relating to section 319 and inserting the fol6 lowing: 

‘‘319. Unmanned system program and autonomous control and computer vision 

technology project.’’. 

7 SEC. 233. ARTIFICIAL INTELLIGENCE STRATEGY. 

8 (a) ESTABLISHMENT OF ACTIVITIES.— 

9 (1) IN GENERAL.—The Commandant shall es10 tablish a set of activities to coordinate the efforts of 

11 the Coast Guard to develop and mature artificial in12 telligence technologies and transition such tech13 nologies into operational use where appropriate. 

14 (2) EMPHASIS.—The set of activities estab15 lished under paragraph (1) shall— 

16 (A) apply artificial intelligence and ma17 chine-learning solutions to operational and mis18 sion-support problems; and 

19 (B) coordinate activities involving artificial 

20 intelligence and artificial intelligence-enabled 

21 capabilities within the Coast Guard. 

22 (b) DESIGNATED OFFICIAL.— 

23 (1) IN GENERAL.—Not later than 1 year after 

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1 mandant shall designate a senior official of the 

2 Coast Guard (referred to in this section as the ‘‘des3 ignated official’’) with the principal responsibility for 

4 the coordination of activities relating to the develop5 ment and demonstration of artificial intelligence and 

6 machine learning for the Coast Guard. 

7 (2) DUTIES.— 

8 (A) STRATEGIC PLAN.— 

9 (i) IN GENERAL.—The designated of10 ficial shall develop a detailed strategic plan 

11 to develop, mature, adopt, and transition 

12 artificial intelligence technologies into oper13 ational use where appropriate. 

14 (ii) ELEMENTS.—The plan required 

15 by clause (i) shall include the following: 

16 (I) A strategic roadmap for the 

17 identification and coordination of the 

18 development and fielding of artificial 

19 intelligence technologies and key ena20 bling capabilities. 

21 (II) The continuous evaluation 

22 and adaptation of relevant artificial 

23 intelligence capabilities developed by 

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1 zations for military missions and busi2 ness operations. 

3 (iii) COORDINATION.—In developing 

4 the plan required by clause (i), the des5 ignated official shall coordinate and engage 

6 with the Secretary of Defense and the 

7 Joint Artificial Intelligence Center. 

8 (iv) SUBMISSION TO COMMANDANT.— 

9 Not later than 2 years after the date of the 

10 enactment of this Act, the designated offi11 cial shall submit to the Commandant the 

12 plan developed under clause (i). 

13 (B) GOVERNANCE AND OVERSIGHT OF AR14 TIFICIAL INTELLIGENCE AND MACHINE LEARN15 ING POLICY.—The designated official shall reg16 ularly convene appropriate officials of the Coast 

17 Guard— 

18 (i) to integrate the functional activi19 ties of the Coast Guard with respect to ar20 tificial intelligence and machine learning; 

21 (ii) to ensure that there are efficient 

22 and effective artificial intelligence and ma23 chine-learning capabilities throughout the 

24 Coast Guard; and 


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1 (iii) to develop and continuously im2 prove research, innovation, policy, joint 

3 processes, and procedures to facilitate the 

4 development, acquisition, integration, ad5 vancement, oversight, and sustainment of 

6 artificial intelligence and machine learning 

7 throughout the Coast Guard. 

8 (c) ACCELERATION OF DEVELOPMENT AND FIELD9 ING OF ARTIFICIAL INTELLIGENCE.—To the extent prac10 ticable, the Commandant, in conjunction with the Sec11 retary of Defense and the Joint Artificial Intelligence Cen12 ter, shall— 

13 (1) use the flexibility of regulations, personnel, 

14 acquisition, partnerships with industry and aca15 demia, or other relevant policies of the Coast Guard 

16 to accelerate the development and fielding of artifi17 cial intelligence capabilities; 

18 (2) ensure engagement with defense and private 

19 industries, research universities, and unaffiliated, 

20 nonprofit research institutions; 

21 (3) provide technical advice and support to enti22 ties in the Coast Guard to optimize the use of artifi23 cial intelligence and machine-learning technologies to 

24 meet Coast Guard missions; 


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1 (4) support the development of requirements for 

2 artificial intelligence capabilities that address the 

3 highest priority capability gaps of the Coast Guard 

4 and technical feasibility; 

5 (5) develop and support capabilities for tech6 nical analysis and assessment of threat capabilities 

7 based on artificial intelligence; 

8 (6) identify the workforce and capabilities need9 ed to support the artificial intelligence capabilities 

10 and requirements of the Coast Guard; 

11 (7) develop classification guidance for all artifi12 cial intelligence-related activities of the Coast Guard; 

13 (8) work with appropriate officials to develop 

14 appropriate ethical, legal, and other policies for the 

15 Coast Guard governing the development and use of 

16 artificial intelligence-enabled systems and tech17 nologies in operational situations; and 

18 (9) ensure— 

19 (A) that artificial intelligence programs of 

20 the Coast Guard are consistent with this sec21 tion; and 

22 (B) appropriate coordination of artificial 

23 intelligence activities of the Coast Guard with 

24 interagency, industry, and international efforts 


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1 relating to artificial intelligence, including rel2 evant participation in standards-setting bodies. 

3 (d) STRATEGIC PLAN.— 

4 (1) IN GENERAL.—The Commandant shall de5 velop a strategic plan to develop, mature, adopt, and 

6 transition artificial intelligence technologies into 

7 operational use where appropriate, that is informed 

8 by the plan developed by the designated official 

9 under subsection (b)(2)(A). 

10 (2) ELEMENTS.—The plan required by para11 graph (1) shall include the following: 

12 (A) Each element described in clause (ii) 

13 of subsection (b)(2)(A). 

14 (B) A consideration of the identification, 

15 adoption, and procurement of artificial intel16 ligence technologies for use in operational and 

17 mission support activities. 

18 (3) COORDINATION.—In developing the plan re19 quired by paragraph (1), the Commandant shall co20 ordinate and engage with the Secretary of Defense, 

21 the Chief Digital and Artificial Intelligence Office, 

22 defense and private industries, research universities, 

23 and unaffiliated, nonprofit research institutions. 

24 (4) SUBMISSION TO CONGRESS.—Not later than 

25 1 year after the date of the enactment of this Act, 


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1 the Commandant shall submit to the Committee on 

2 Commerce, Science, and Transportation of the Sen3 ate and the Committee on Transportation and Infra4 structure of the House of Representatives the plan 

5 developed under paragraph (1). 

6 SEC. 234. REVIEW OF ARTIFICIAL INTELLIGENCE APPLICA7 TIONS AND ESTABLISHMENT OF PERFORM8 ANCE METRICS. 

9 (a) IN GENERAL.—Not later than 2 years after the 

10 date of the enactment of this Act, the Commandant 

11 shall— 

12 (1) review the potential applications of artificial 

13 intelligence and digital technology to the platforms, 

14 processes, and operations of the Coast Guard; 

15 (2) identify the resources necessary to improve 

16 the use of artificial intelligence and digital tech17 nology in such platforms, processes, and operations; 

18 and 

19 (3) establish performance objectives and accom20 panying metrics for the incorporation of artificial in21 telligence and digital readiness into such platforms, 

22 processes, and operations. 

23 (b) PERFORMANCE OBJECTIVES AND ACCOMPANYING

24 METRICS.— 


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1 (1) SKILL GAPS.—In carrying out subsection 

2 (a), the Commandant shall— 

3 (A) conduct a comprehensive review and 

4 assessment of— 

5 (i) skill gaps in the fields of software 

6 development, software engineering, data 

7 science, and artificial intelligence; 

8 (ii) the qualifications of civilian per9 sonnel needed for both management and 

10 specialist tracks in such fields; and 

11 (iii) the qualifications of military per12 sonnel (officer and enlisted) needed for 

13 both management and specialist tracks in 

14 such fields; and 

15 (B) establish recruiting, training, and tal16 ent management performance objectives and ac17 companying metrics for achieving and maintain18 ing staffing levels needed to fill identified gaps 

19 and meet the needs of the Coast Guard for 

20 skilled personnel. 

21 (2) AI MODERNIZATION ACTIVITIES.—In car22 rying out subsection (a), the Commandant, with sup23 port from the Director of the Joint Artificial Intel24 ligence Center, shall— 


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1 (A) assess investment by the Coast Guard 

2 in artificial intelligence innovation, science and 

3 technology, and research and development; 

4 (B) assess investment by the Coast Guard 

5 in test and evaluation of artificial intelligence 

6 capabilities; 

7 (C) assess the integration of, and the re8 sources necessary to better use artificial intel9 ligence in wargames, exercises, and experimen10 tation; 

11 (D) assess the application of, and the re12 sources necessary to better use, artificial intel13 ligence in logistics and sustainment systems; 

14 (E) assess the integration of, and the re15 sources necessary to better use, artificial intel16 ligence for administrative functions; 

17 (F) establish performance objectives and 

18 accompanying metrics for artificial intelligence 

19 modernization activities of the Coast Guard; 

20 and 

21 (G) identify the resources necessary to ef22 fectively use artificial intelligence to carry out 

23 the missions of the Coast Guard. 

24 (c) REPORT TO CONGRESS.—Not later than 180 days 

25 after the completion of the review required by subsection 


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1 (a)(1), the Commandant shall submit to the Committee 

2 on Commerce, Science, and Transportation and the Com3 mittee on Appropriations of the Senate and the Committee 

4 on Transportation and Infrastructure and the Committee 

5 on Appropriations of the House of Representatives a re6 port on— 

7 (1) the findings of the Commandant with re8 spect to such review and any action taken or pro9 posed to be taken by the Commandant, and the re10 sources necessary to address such findings; 

11 (2) the performance objectives and accom12 panying metrics established under subsections (a)(3) 

13 and (b)(1)(B); and 

14 (3) any recommendation with respect to pro15 posals for legislative change necessary to successfully 

16 implement artificial intelligence applications within 

17 the Coast Guard. 

18 SEC. 235. CYBER DATA MANAGEMENT. 

19 (a) IN GENERAL.—The Commandant, in coordina20 tion with the Commander of United States Cyber Com21 mand, and the Director of the Cybersecurity and Infra22 structure Security Agency, shall— 

23 (1) develop policies, processes, and operating 

24 procedures governing— 


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1 (A) access to and the ingestion, structure, 

2 storage, and analysis of information and data 

3 relevant to the Coast Guard Cyber Mission, in4 cluding— 

5 (i) intelligence data relevant to Coast 

6 Guard missions; 

7 (ii) internet traffic, topology, and ac8 tivity data relevant to such missions; and 

9 (iii) cyber threat information relevant 

10 to such missions; and 

11 (B) data management and analytic plat12 forms relating to such missions; and 

13 (2) evaluate data management platforms re14 ferred to in paragraph (1)(B) to ensure that such 

15 platforms operate consistently with the Coast Guard 

16 Data Strategy. 

17 (b) REPORT.—Not later than 1 year after the date 

18 of the enactment of this Act, the Commandant shall sub19 mit to the Committee on Commerce, Science, and Trans20 portation of the Senate and the Committee on Transpor21 tation and Infrastructure of the House of Representatives 

22 a report that includes— 

23 (1) an assessment of the progress on the activi24 ties required by subsection (a); and 


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1 (2) any recommendation with respect to fund2 ing or additional authorities necessary, including 

3 proposals for legislative change, to improve Coast 

4 Guard cyber data management. 

5 SEC. 236. DATA MANAGEMENT. 

6 The Commandant shall develop data workflows and 

7 processes for the leveraging of mission-relevant data by 

8 the Coast Guard to enhance operational effectiveness and 

9 efficiency. 

10 SEC. 237. STUDY ON CYBER THREATS TO THE UNITED 

11 STATES MARINE TRANSPORTATION SYSTEM. 

12 (a) IN GENERAL.—Not later than 1 year after the 

13 date of the enactment of this Act, the Comptroller General 

14 of the United States shall commence a study on cyber 

15 threats to the United States marine transportation sys16 tem. 

17 (b) ELEMENTS.—The study required by paragraph 

18 (1) shall assess the following: 

19 (1) The extent to which the Coast Guard, in 

20 collaboration with other Federal agencies, sets 

21 standards for the cybersecurity of facilities and ves22 sels regulated under part 104, 105, or 106 of title 

23 33 of the Code of Federal Regulations, as in effect 

24 on the date of the enactment of this Act. 


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1 (2) The manner in which the Coast Guard en2 sures cybersecurity standards are followed by port, 

3 vessel, and facility owners and operators. 

4 (3) The extent to which maritime sector-specific 

5 planning addresses cybersecurity, particularly for 

6 vessels and offshore platforms. 

7 (4) The manner in which the Coast Guard, 

8 other Federal agencies, and vessel and offshore plat9 form operators exchange information regarding 

10 cyber risks. 

11 (5) The extent to which the Coast Guard is de12 veloping and deploying cybersecurity specialists in 

13 port and vessel systems and collaborating with the 

14 private sector to increase the expertise of the Coast 

15 Guard with respect to cybersecurity. 

16 (6) The cyber resource and workforce needs of 

17 the Coast Guard necessary to meet future mission 

18 demands. 

19 (c) REPORT.—Not later than 1 year after com20 mencing the study required by subsection (a), the Comp21 troller General shall submit a report on the findings of 

22 the study to the Committee on Commerce, Science, and 

23 Transportation of the Senate and the Committee on 

24 Transportation and Infrastructure of the House of Rep25 resentatives. 


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1 (d) DEFINITION OF FACILITY.—In this section the 

2 term ‘‘facility’’ has the meaning given the term in section 

3 70101 of title 46, United States Code. 

4 Subtitle E—Aviation 

5 SEC. 241. SPACE-AVAILABLE TRAVEL ON COAST GUARD 

6 AIRCRAFT: PROGRAM AUTHORIZATION AND 

7 ELIGIBLE RECIPIENTS. 

8 (a) IN GENERAL.—Subchapter I of chapter 5 of title 

9 14, United States Code, is amended by adding at the end 

10 the following: 

11 ‘‘§ 509. Space-available travel on Coast Guard aircraft 

12 ‘‘(a)(1) The Coast Guard may establish a program 

13 to provide transportation on Coast Guard aircraft on a 

14 space-available basis to the categories of eligible individ15 uals described in subsection (c) (in this section referred 

16 to as the ‘program’). 

17 ‘‘(2) Not later than 1 year after the date on which 

18 the program is established, the Commandant shall develop 

19 a policy for its operation. 

20 ‘‘(b)(1) The Commandant shall operate the program 

21 in a budget-neutral manner. 

22 ‘‘(2)(A) Except as provided in subparagraph (B), no 

23 additional funds may be used, or flight hours performed, 

24 for the purpose of providing transportation under the pro25 gram. 


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1 ‘‘(B) The Commandant may make de minimis ex2 penditures of resources required for the administrative as3 pects of the program. 

4 ‘‘(3) Eligible individuals described in subsection (c) 

5 shall not be required to reimburse the Coast Guard for 

6 travel provided under this section. 

7 ‘‘(c) Subject to subsection (d), the categories of eligi8 ble individuals described in this subsection are the fol9 lowing: 

10 ‘‘(1) Members of the armed forces on active 

11 duty. 

12 ‘‘(2) Members of the Selected Reserve who hold 

13 a valid Uniformed Services Identification and Privi14 lege Card. 

15 ‘‘(3) Retired members of a regular or reserve 

16 component of the armed forces, including retired 

17 members of reserve components who, but for being 

18 under the eligibility age applicable under section 

19 12731 of title 10, would be eligible for retired pay 

20 under chapter 1223 of title 10. 

21 ‘‘(4) Subject to subsection (f), veterans with a 

22 permanent service-connected disability rated as total. 

23 ‘‘(5) Such categories of dependents of individ24 uals described in paragraphs (1) through (3) as the 

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1 section (a)(2), under such conditions and cir2 cumstances as the Commandant shall specify in such 

3 policy. 

4 ‘‘(6) Such other categories of individuals as the 

5 Commandant, in the discretion of the Commandant, 

6 considers appropriate. 

7 ‘‘(d) In operating the program, the Commandant 

8 shall— 

9 ‘‘(1) in the sole discretion of the Commandant, 

10 establish an order of priority for transportation for 

11 categories of eligible individuals that is based on 

12 considerations of military necessity, humanitarian 

13 concerns, and enhancement of morale; 

14 ‘‘(2) give priority in consideration of transpor15 tation to the demands of members of the armed 

16 forces in the regular components and in the reserve 

17 components on active duty and to the need to pro18 vide such members, and their dependents, a means 

19 of respite from such demands; and 

20 ‘‘(3) implement policies aimed at ensuring cost 

21 control (as required by subsection (b)) and the safe22 ty, security, and efficient processing of travelers, in23 cluding limiting the benefit under the program to 1 

24 or more categories of otherwise eligible individuals, 

25 as the Commandant considers necessary. 


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1 ‘‘(e)(1) Notwithstanding subsection (d)(1), in estab2 lishing space-available transportation priorities under the 

3 program, the Commandant shall provide transportation 

4 for an individual described in paragraph (2), and a single 

5 dependent of the individual if needed to accompany the 

6 individual, at a priority level in the same category as the 

7 priority level for an unaccompanied dependent over the 

8 age of 18 years traveling on environmental and morale 

9 leave. 

10 ‘‘(2) Subject to paragraph (3), paragraph (1) applies 

11 with respect to an individual described in subsection (c)(3) 

12 who— 

13 ‘‘(A) resides in or is located in a Common14 wealth or possession of the United States; and 

15 ‘‘(B) is referred by a military or civilian pri16 mary care provider located in that Commonwealth or 

17 possession to a specialty care provider for services to 

18 be provided outside of that Commonwealth or pos19 session. 

20 ‘‘(3) If an individual described in subsection (c)(3) 

21 is a retired member of a reserve component who is ineli22 gible for retired pay under chapter 1223 of title 10 by 

23 reason of being under the eligibility age applicable under 

24 section 12731 of title 10, paragraph (1) applies to the in25 dividual only if the individual is also enrolled in the 


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1 TRICARE program for certain members of the Retired 

2 Reserve authorized under section 1076e of title 10. 

3 ‘‘(4) The priority for space-available transportation 

4 required by this subsection applies with respect to— 

5 ‘‘(A) the travel from the Commonwealth or pos6 session of the United States to receive the specialty 

7 care services; and 

8 ‘‘(B) the return travel. 

9 ‘‘(5) In this subsection, the terms ‘primary care pro10 vider’ and ‘specialty care provider’ refer to a medical or 

11 dental professional who provides health care services 

12 under chapter 55 of title 10. 

13 ‘‘(f)(1) Travel may not be provided under this section 

14 to a veteran eligible for travel pursuant to paragraph (4) 

15 of subsection (c) in priority over any member eligible for 

16 travel under paragraph (1) of that subsection or any de17 pendent of such a member eligible for travel under this 

18 section. 

19 ‘‘(2) Subsection (c)(4) may not be construed as— 

20 ‘‘(A) affecting or in any way imposing on the 

21 Coast Guard, any armed force, or any commercial 

22 entity with which the Coast Guard or an armed 

23 force contracts, an obligation or expectation that the 

24 Coast Guard or such armed force will retrofit or 

25 alter, in any way, military aircraft or commercial 


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1 aircraft, or related equipment or facilities, used or 

2 leased by the Coast Guard or such armed force to 

3 accommodate passengers provided travel under such 

4 authority on account of disability; or 

5 ‘‘(B) preempting the authority of an aircraft 

6 commander to determine who boards the aircraft 

7 and any other matters in connection with safe oper8 ation of the aircraft. 

9 ‘‘(g) The authority to provide transportation under 

10 the program is in addition to any other authority under 

11 law to provide transportation on Coast Guard aircraft on 

12 a space-available basis.’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for sub14 chapter I of chapter 5 of title 14, United States Code, 

15 is amended by adding at the end the following: 

‘‘509. Space-available travel on Coast Guard aircraft.’’. 

16 SEC. 242. REPORT ON COAST GUARD AIR STATION BAR17 BERS POINT HANGAR. 

18 (a) IN GENERAL.—Not later than 180 days after the 

19 date of the enactment of this Act, the Commandant shall 

20 submit to the Committee on Commerce, Science, and 

21 Transportation and the Committee on Appropriations of 

22 the Senate and the Committee on Transportation and In23 frastructure and the Committee on Appropriations of the 

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1 ments for constructing a hangar at Coast Guard Air Sta2 tion Barbers Point at Oahu, Hawaii. 

3 (b) ELEMENTS.—The report required by subsection 

4 (a) shall include the following: 

5 (1) A description of the $45,000,000 phase one 

6 design for the hangar at Coast Guard Air Station 

7 Barbers Point funded by the Consolidated Appro8 priations Act, 2021 (Public Law 116–260; 134 Stat. 

9 1132). 

10 (2) An evaluation of the full facilities require11 ments for such hangar to house, maintain, and oper12 ate the MH–65 and HC–130J, including— 

13 (A) storage and provision of fuel; and 

14 (B) maintenance and parts storage facili15 ties. 

16 (3) An evaluation of facilities growth require17 ments for possible future basing of the MH–60 with 

18 the C–130J at Coast Guard Air Station Barbers 

19 Point. 

20 (4) A description of and cost estimate for each 

21 project phase for the construction of such hangar. 

22 (5) A description of the plan for sheltering in 

23 the hangar during extreme weather events aircraft 

24 of the Coast Guard and partner agencies, such as 


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1 the National Oceanic and Atmospheric Administra2 tion. 

3 (6) A description of the risks posed to oper4 ations at Coast Guard Air Station Barbers Point if 

5 future project phases for the construction of such 

6 hangar are not funded. 

7 SEC. 243. STUDY ON THE OPERATIONAL AVAILABILITY OF 

8 COAST GUARD AIRCRAFT AND STRATEGY 

9 FOR COAST GUARD AVIATION. 

10 (a) STUDY.— 

11 (1) IN GENERAL.—Not later than 1 year after 

12 the date of the enactment of this Act, the Comp13 troller General of the United States shall commence 

14 a study on the operational availability of Coast 

15 Guard aircraft. 

16 (2) ELEMENTS.—The study required by para17 graph (1) shall include the following: 

18 (A) An assessment of— 

19 (i) the extent to which the fixed-wing 

20 and rotary-wing aircraft of the Coast 

21 Guard have met annual operational avail22 ability targets in recent years; 

23 (ii) the challenges the Coast Guard 

24 may face with respect to such aircraft 

25 meeting operational availability targets, 


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1 and the effects of such challenges on the 

2 Coast Guard’s ability to meet mission re3 quirements; and 

4 (iii) the status of Coast Guard efforts 

5 to upgrade or recapitalize its fleet of such 

6 aircraft to meet growth in future mission 

7 demands globally, such as in the Western 

8 Hemisphere, the Arctic region, and the 

9 Western Pacific region. 

10 (B) Any recommendation with respect to 

11 the operational availability of Coast Guard air12 craft. 

13 (C) The resource and workforce require14 ments necessary for Coast Guard Aviation to 

15 meet future mission demands. 

16 (3) REPORT.—On completion of the study re17 quired by paragraph (1), the Comptroller General 

18 shall submit to the Secretary of the department in 

19 which the Coast Guard is operating a report on the 

20 findings of the study. 

21 (b) COAST GUARD AVIATION STRATEGY.— 

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date on which the study under subsection 

24 (a) is completed, the Secretary of the department in 

25 which the Coast Guard is operating shall develop a 


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1 comprehensive strategy for Coast Guard Aviation 

2 that is informed by the relevant recommendations 

3 and findings of the study. 

4 (2) ELEMENTS.—The strategy required by 

5 paragraph (1) shall include the following: 

6 (A) With respect to aircraft of the Coast 

7 Guard, an analysis of the current and future 

8 operations and future resource needs. 

9 (B) The projected number of aviation as10 sets, the locations at which such assets are to 

11 be stationed, the cost of operation and mainte12 nance of such assets, and an assessment of the 

13 capabilities of such assets as compared to the 

14 missions they are expected to execute, at the 

15 completion of major procurement and mod16 ernization plans. 

17 (C) A procurement plan, including an esti18 mated timetable and the estimated appropria19 tions necessary for all platforms, including un20 manned aircraft. 

21 (D) A training plan for pilots and aircrew 

22 that addresses— 

23 (i) the use of simulators owned and 

24 operated by the Coast Guard, and simula25 tors that are not owned or operated by the 


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1 Coast Guard, including any such simula2 tors based outside the United States; and 

3 (ii) the costs associated with attending 

4 training courses. 

5 (E) Current and future requirements for 

6 cutter and land-based deployment of aviation 

7 assets globally, including in the Arctic, the 

8 Eastern Pacific, the Western Pacific, the Carib9 bean, the Atlantic Basin, and any other area 

10 the Commandant considers appropriate. 

11 (F) A description of the feasibility of and 

12 resource requirements necessary to deploy ro13 tary-winged assets onboard all future Arctic 

14 cutter patrols. 

15 (G) An evaluation of current and future 

16 facilities needs for Coast Guard aviation units. 

17 (H) An evaluation of pilot and aircrew 

18 training and retention needs, including aviation 

19 career incentive pay, retention bonuses, and any 

20 other workforce tools the Commandant con21 siders necessary. 

22 (3) BRIEFING.—Not later than 180 days after 

23 the date on which the strategy required by para24 graph (1) is completed, the Commandant shall pro25 vide to the Committee on Commerce, Science, and 


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1 Transportation of the Senate and the Committee on 

2 Transportation and Infrastructure of the House of 

3 Representatives a briefing on the strategy. 

4 Subtitle F—Workforce Readiness 

5 SEC. 251. AUTHORIZED STRENGTH. 

6 Section 3702 of title 14, United States Code, is 

7 amended by adding at the end the following: 

8 ‘‘(c) The Secretary may vary the authorized end 

9 strength of the Selected Reserve of the Coast Guard Re10 serve for a fiscal year by a number equal to not more than 

11 3 percent of such end strength upon a determination by 

12 the Secretary that such a variation is in the national inter13 est. 

14 ‘‘(d) The Commandant may increase the authorized 

15 end strength of the Selected Reserve of the Coast Guard 

16 Reserve by a number equal to not more than 2 percent 

17 of such authorized end strength upon a determination by 

18 the Commandant that such an increase would enhance 

19 manning and readiness in essential units or in critical spe20 cialties or ratings.’’. 

21 SEC. 252. NUMBER AND DISTRIBUTION OF OFFICERS ON 

22 ACTIVE DUTY PROMOTION LIST. 

23 (a) MAXIMUM NUMBER OF OFFICERS.—Section 

24 2103(a) of title 14, United States Code, is amended to 

25 read as follows: 


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1 ‘‘(a) MAXIMUM TOTAL NUMBER.— 

2 ‘‘(1) IN GENERAL.—The total number of Coast 

3 Guard commissioned officers on the active duty pro4 motion list, excluding warrant officers, shall not ex5 ceed 7,400. 

6 ‘‘(2) TEMPORARY INCREASE.—Notwithstanding 

7 paragraph (1), the Commandant may temporarily 

8 increase the total number of commissioned officers 

9 permitted under that paragraph by up to 4 percent 

10 for not more than 60 days after the date of the com11 missioning of a Coast Guard Academy class. 

12 ‘‘(3) NOTIFICATION.—If the Commandant in13 creases pursuant to paragraph (2) the total number 

14 of commissioned officers permitted under paragraph 

15 (1), the Commandant shall notify the Committee on 

16 Commerce, Science, and Transportation of the Sen17 ate and the Committee on Transportation and Infra18 structure of the House of Representatives of the 

19 number of officers on the active duty promotion list 

20 on the last day of the preceding 30-day period— 

21 ‘‘(A) not later than 30 days after such in22 crease; and 

23 ‘‘(B) every 30 days thereafter until the 

24 total number of commissioned officers no longer 


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1 exceeds the total number of commissioned offi2 cers permitted under paragraph (1).’’. 

3 (b) OFFICERS NOT ON ACTIVE DUTY PROMOTION

4 LIST.— 

5 (1) IN GENERAL.—Chapter 51 of title 14, 

6 United States Code, is amended by adding at the 

7 end the following: 

8 ‘‘§ 5113. Officers not on active duty promotion list 

9 ‘‘Not later than 60 days after the date on which the 

10 President submits to Congress a budget pursuant to sec11 tion 1105(a) of title 31, the Commandant shall submit to 

12 the Committee on Commerce, Science, and Transportation 

13 of the Senate and the Committee on Transportation and 

14 Infrastructure of the House of Representatives the num15 ber of Coast Guard officers who are serving at other Fed16 eral agencies on a reimbursable basis, and the number of 

17 Coast Guard officers who are serving at other Federal 

18 agencies on a non-reimbursable basis but are not on the 

19 active duty promotion list.’’. 

20 (2) CLERICAL AMENDMENT.—The analysis for 

21 chapter 51 of title 14, United States Code, is 

22 amended by adding at the end the following: 

‘‘5113. Officers not on active duty promotion list.’’. 


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1 SEC. 253. CONTINUATION ON ACTIVE DUTY OF OFFICERS 

2 WITH CRITICAL SKILLS. 

3 (a) IN GENERAL.—Subchapter II of chapter 21 of 

4 title 14, United States Code, is amended by adding at the 

5 end the following: 

6 ‘‘§ 2166. Continuation on active duty of officers with 

7 critical skills 

8 ‘‘(a) IN GENERAL.—The Commandant may authorize 

9 an officer in any grade above grade O–2 to remain on ac10 tive duty after the date otherwise provided for the retire11 ment of the officer in section 2154 of this title if the offi12 cer possesses a critical skill or specialty or is in a career 

13 field designated pursuant to subsection (b). 

14 ‘‘(b) CRITICAL SKILL, SPECIALTY, OR CAREER

15 FIELD.—The Commandant shall designate 1 or more crit16 ical skills, specialties, or career fields for purposes of sub17 section (a). 

18 ‘‘(c) DURATION OF CONTINUATION.—An officer con19 tinued on active duty pursuant to this section shall, if not 

20 earlier retired, be retired on the first day of the month 

21 after the month in which the officer completes 40 years 

22 of active service. 

23 ‘‘(d) POLICY.—The Commandant shall carry out this 

24 section by prescribing policy that specifies the criteria to 

25 be used in designating any critical skill, specialty, or ca26 reer field for purposes of subsection (b).’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for sub2 chapter II of chapter 21 of title 14, United States Code, 

3 is amended by adding at the end the following: 

‘‘2166. Continuation on active duty of officers with critical skills.’’. 

4 SEC. 254. CAREER INCENTIVE PAY FOR MARINE INSPEC5 TORS. 

6 (a) AUTHORITY TO PROVIDE ASSIGNMENT PAY OR

7 SPECIAL DUTY PAY.—The Secretary of the department 

8 in which the Coast Guard is operating may provide assign9 ment pay or special duty pay under section 352 of title 

10 37, United States Code, to a member of the Coast Guard 

11 serving in a prevention position and assigned as a marine 

12 inspector or marine investigator pursuant to section 312 

13 of title 14, United States Code. 

14 (b) ANNUAL BRIEFING.— 

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of the enactment of this Act, and an17 nually thereafter, the Secretary of the department in 

18 which the Coast Guard is operating shall provide to 

19 the Committee on Commerce, Science, and Trans20 portation of the Senate and the Committee on 

21 Transportation and Infrastructure of the House of 

22 Representatives a briefing on any uses of the au23 thority under subsection (a) during the preceding 

24 year. 


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1 (2) ELEMENTS.—Each briefing required by 

2 paragraph (1) shall include the following: 

3 (A) The number of members of the Coast 

4 Guard serving as marine inspectors or marine 

5 investigators pursuant to section 312 of title 

6 14, United States Code, who are receiving as7 signment pay or special duty pay under section 

8 352 of title 37, United States Code. 

9 (B) An assessment of the impact of the 

10 use of the authority under this section on the 

11 effectiveness and efficiency of the Coast Guard 

12 in administering the laws and regulations for 

13 the promotion of safety of life and property on 

14 and under the high seas and waters subject to 

15 the jurisdiction of the United States. 

16 (C) An assessment of the effects of assign17 ment pay and special duty pay on retention of 

18 marine inspectors and investigators. 

19 (D) If the authority provided in subsection 

20 (a) is not exercised, a detailed justification for 

21 not exercising such authority, including an ex22 planation of the efforts the Secretary of the de23 partment in which the Coast Guard is operating 

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1 force contains an adequate number of qualified 

2 marine inspectors. 

3 (c) STUDY.— 

4 (1) IN GENERAL.—Not later than 2 years after 

5 the date of the enactment of this Act, the Secretary 

6 of the department in which the Coast Guard is oper7 ating, in coordination with the Director of the Na8 tional Institute for Occupational Safety and Health, 

9 shall conduct a study on the health of marine in10 spectors and marine investigators who have served 

11 in such positions for a period of not less than least 

12 10 years. 

13 (2) ELEMENTS.—The study required by para14 graph (1) shall include the following: 

15 (A) An evaluation of— 

16 (i) the daily vessel inspection duties of 

17 marine inspectors and marine investiga18 tors, including the examination of internal 

19 cargo tanks and voids and new construc20 tion activities; 

21 (ii) major incidents to which marine 

22 inspectors and marine investigators have 

23 had to respond, and any other significant 

24 incident, such as a vessel casualty, that 

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1 spectors and marine investigators to haz2 ardous chemicals or substances; and 

3 (iii) the types of hazardous chemicals 

4 or substances to which marine inspectors 

5 and marine investigators have been ex6 posed relative to the effects such chemicals 

7 or substances have had on marine inspec8 tors and marine investigators. 

9 (B) A review and analysis of the current 

10 Coast Guard health and safety monitoring sys11 tems, and recommendations for improving such 

12 systems, specifically with respect to the expo13 sure of members of the Coast Guard to haz14 ardous substances while carrying out inspec15 tions and investigation duties. 

16 (C) Any other element the Secretary of the 

17 department in which the Coast Guard is oper18 ating considers appropriate. 

19 (3) REPORT.—On completion of the study re20 quired by paragraph (1), the Secretary of the de21 partment in which the Coast Guard is operating 

22 shall submit to the Committee on Commerce, 

23 Science, and Transportation of the Senate and the 

24 Committee on Transportation and Infrastructure of 

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1 ings of the study and recommendations for actions 

2 the Commandant should take to improve the health 

3 and exposure of marine inspectors and marine inves4 tigators. 

5 (d) TERMINATION.—The authority provided by sub6 section (a) shall terminate on December 31, 2027, unless 

7 the study required by subsection (c) is completed and sub8 mitted as required by that subsection. 

9 SEC. 255. EXPANSION OF THE ABILITY FOR SELECTION 

10 BOARD TO RECOMMEND OFFICERS OF PAR11 TICULAR MERIT FOR PROMOTION. 

12 Section 2116(c)(1) of title 14, United States Code, 

13 is amended, in the second sentence, by inserting ‘‘three 

14 times’’ after ‘‘may not exceed’’. 

15 SEC. 256. PAY AND ALLOWANCES FOR CERTAIN MEMBERS 

16 OF THE COAST GUARD DURING FUNDING 

17 GAP. 

18 (a) IN GENERAL.—During a funding gap, the Sec19 retary of the Treasury shall make available to the Sec20 retary of Homeland Security, out of any amounts in the 

21 general fund of the Treasury not otherwise appropriated, 

22 such amounts as the Secretary of Homeland Security de23 termines to be necessary to continue to provide, without 

24 interruption, during the funding gap such sums as are 

25 necessary for— 


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1 (1) pay and allowances to members of the Coast 

2 Guard, including reserve components thereof, who 

3 perform active service; 

4 (2) the payment of a death gratuity under sec5 tions 1475 through 1477 and 1489 of title 10, 

6 United States Code, with respect to members of the 

7 Coast Guard; 

8 (3) the payment or reimbursement of author9 ized funeral travel and travel related to the dignified 

10 transfer of remains and unit memorial services 

11 under section 481f of title 37, United States Code, 

12 with respect to members of the Coast Guard; and 

13 (4) the temporary continuation of a basic allow14 ance of housing for dependents of members of the 

15 Coast Guard dying on active duty, as authorized by 

16 section 403(l) of title 37, United States Code. 

17 (b) FUNDING GAP DEFINED.—In this section, the 

18 term ‘‘funding gap’’ means any period after the beginning 

19 of a fiscal year for which interim or full-year appropria20 tions for the personnel accounts of the Coast Guard have 

21 not been enacted. 

22 SEC. 257. MODIFICATION TO EDUCATION LOAN REPAY23 MENT PROGRAM. 

24 (a) IN GENERAL.—Section 2772 of title 14, United 

25 States Code, is amended to read as follows: 


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1 ‘‘§ 2772. Education loan repayment program: mem2 bers on active duty in specified military 

3 specialties 

4 ‘‘(a)(1) Subject to the provisions of this section, the 

5 Secretary may repay— 

6 ‘‘(A) any loan made, insured, or guaranteed 

7 under part B of title IV of the Higher Education 

8 Act of 1965 (20 U.S.C. 1071 et seq.); 

9 ‘‘(B) any loan made under part D of such title 

10 (the William D. Ford Federal Direct Loan Program, 

11 20 U.S.C. 1087a et seq.); 

12 ‘‘(C) any loan made under part E of such title 

13 (20 U.S.C. 1087aa et seq.); or 

14 ‘‘(D) any loan incurred for educational purposes 

15 made by a lender that is— 

16 ‘‘(i) an agency or instrumentality of a 

17 State; 

18 ‘‘(ii) a financial or credit institution (in19 cluding an insurance company) that is subject 

20 to examination and supervision by an agency of 

21 the United States or any State; 

22 ‘‘(iii) a pension fund approved by the Sec23 retary for purposes of this section; or 

24 ‘‘(iv) a nonprofit private entity designated 

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1 proved by the Secretary for purposes of this 

2 section. 

3 ‘‘(2) Repayment of any such loan shall be made on 

4 the basis of each complete year of service performed by 

5 the borrower. 

6 ‘‘(3) The Secretary may repay loans described in 

7 paragraph (1) in the case of any person for service per8 formed on active duty as a member in an officer program 

9 or military specialty specified by the Secretary. 

10 ‘‘(b) The portion or amount of a loan that may be 

repaid under subsection (a) is 331 11 ⁄3 percent or $1,500, 

12 whichever is greater, for each year of service. 

13 ‘‘(c) If a portion of a loan is repaid under this section 

14 for any year, interest on the remainder of such loan shall 

15 accrue and be paid in the same manner as is otherwise 

16 required. 

17 ‘‘(d) Nothing in this section shall be construed to au18 thorize refunding any repayment of a loan. 

19 ‘‘(e) A person who transfers from service making the 

20 person eligible for repayment of loans under this section 

21 (as described in subsection (a)(3)) to service making the 

22 person eligible for repayment of loans under section 16301 

23 of title 10 (as described in subsection (a)(2) or (g) of that 

24 section) during a year shall be eligible to have repaid a 

25 portion of such loan determined by giving appropriate 


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1 fractional credit for each portion of the year so served, 

2 in accordance with regulations of the Secretary concerned. 

3 ‘‘(f) The Secretary shall prescribe a schedule for the 

4 allocation of funds made available to carry out the provi5 sions of this section and section 16301 of title 10 during 

6 any year for which funds are not sufficient to pay the sum 

7 of the amounts eligible for repayment under subsection (a) 

8 and section 16301(a) of title 10. 

9 ‘‘(g) Except a person described in subsection (e) who 

10 transfers to service making the person eligible for repay11 ment of loans under section 16301 of title 10, a member 

12 of the Coast Guard who fails to complete the period of 

13 service required to qualify for loan repayment under this 

14 section shall be subject to the repayment provisions of sec15 tion 303a(e) or 373 of title 37. 

16 ‘‘(h) The Secretary may prescribe procedures for im17 plementing this section, including standards for qualified 

18 loans and authorized payees and other terms and condi19 tions for making loan repayments. Such regulations may 

20 include exceptions that would allow for the payment as 

21 a lump sum of any loan repayment due to a member under 

22 a written agreement that existed at the time of a member’s 

23 death or disability.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for sub2 chapter III of chapter 27 of title 14, United States Code, 

3 is amended to read as follows: 

‘‘2772. Education loan repayment program: members on active duty in specified 

military specialties.’’. 

4 SEC. 258. RETIREMENT OF VICE COMMANDANT. 

5 Section 303 of title 14, United States Code, is 

6 amended— 

7 (1) by amending subsection (a)(2) to read as 

8 follows: 

9 ‘‘(2) A Vice Commandant who is retired while 

10 serving as Vice Commandant, after serving not less 

11 than 2 years as Vice Commandant, shall be retired 

12 with the grade of admiral, except as provided in sec13 tion 306(d).’’; and 

14 (2) in subsection (c), by striking ‘‘or Vice Com15 mandant’’ and inserting ‘‘or as an officer serving as 

16 Vice Commandant who has served less than 2 years 

17 as Vice Commandant’’. 

18 SEC. 259. REPORT ON RESIGNATION AND RETIREMENT 

19 PROCESSING TIMES AND DENIAL. 

20 (a) IN GENERAL.—Not later than 30 days after the 

21 date of the enactment of this Act, and annually thereafter, 

22 the Commandant shall submit to the Committee on Com23 merce, Science, and Transportation of the Senate and the 

24 Committee on Transportation and Infrastructure of the 


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1 House of Representatives, a report that evaluates resigna2 tion and retirement processing timelines. 

3 (b) ELEMENTS.—The report required by subsection 

4 (a) shall include the following for the preceding calendar 

5 year— 

6 (1) statistics on the number of resignations, re7 tirements, and other separations that occurred; 

8 (2) the processing time for each action de9 scribed in paragraph (1); 

10 (3) the percentage of requests for such actions 

11 that had a command endorsement; 

12 (4) the percentage of requests for such actions 

13 that did not have a command endorsement; and 

14 (5) for each denial of a request for a command 

15 endorsement and each failure to take action on such 

16 a request, a detailed description of the rationale for 

17 such denial or failure to take such action. 

18 SEC. 260. CALCULATION OF ACTIVE SERVICE. 

19 Any service described in writing, including by elec20 tronic communication, before the date of the enactment 

21 of the William M. (Mac) Thornberry National Defense Au22 thorization Act for Fiscal Year 2021 (Public Law 116– 

23 283; 134 Stat. 3388), by a representative of the Coast 

24 Guard Personnel Service Center, as service that counts to25 ward total active service for the purpose of retirement 


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1 under section 2152 of title 14, United States Code, shall 

2 be considered by the President as active service for pur3 poses of applying such section with respect to the deter4 mination of the retirement qualification for any officer to 

5 whom a description was provided. 

6 SEC. 261. PHYSICAL DISABILITY EVALUATION SYSTEM PRO7 CEDURE REVIEW. 

8 (a) STUDY.— 

9 (1) IN GENERAL.—Not later than 3 years after 

10 the date of the enactment of this Act, the Comp11 troller General of the United States shall complete 

12 a study on the Coast Guard Physical Disability 

13 Evaluation System and medical retirement proce14 dures. 

15 (2) ELEMENTS.—The study required by para16 graph (1) shall review, and provide recommendations 

17 to address, the following: 

18 (A) Coast Guard compliance with all appli19 cable laws, regulations, and policies relating to 

20 the Physical Disability Evaluation System and 

21 the Medical Evaluation Board. 

22 (B) Coast Guard compliance with timelines 

23 set forth in— 

24 (i) the instruction of the Commandant 

25 entitled ‘‘Physical Disability Evaluation 


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1 System’’ issued on May 19, 2006 

2 (COMDTNST M1850.2D); and 

3 (ii) the Physical Disability Evaluation 

4 System Transparency Initiative 

5 (ALCGPSC 030/20). 

6 (C) An evaluation of Coast Guard proc7 esses in place to ensure the availability, consist8 ency, and effectiveness of counsel appointed by 

9 the Coast Guard Office of the Judge Advocate 

10 General to represent members of the Coast 

11 Guard undergoing an evaluation under the 

12 Physical Disability Evaluation System. 

13 (D) The extent to which the Coast Guard 

14 has and uses processes to ensure that such 

15 counsel may perform their functions in a man16 ner that is impartial, including being able to 

17 perform their functions without undue pressure 

18 or interference by the command of the affected 

19 member of the Coast Guard, the Personnel 

20 Service Center, and the United States Coast 

21 Guard Office of the Judge Advocate General. 

22 (E) The frequency with which members of 

23 the Coast Guard seek private counsel in lieu of 

24 counsel appointed by the Coast Guard Office of 


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1 the Judge Advocate General, and the frequency 

2 of so doing at each member pay grade. 

3 (F) The timeliness of determinations, guid4 ance, and access to medical evaluations nec5 essary for retirement or rating determinations 

6 and overall well-being of the affected member of 

7 the Coast Guard. 

8 (G) The guidance, formal or otherwise, 

9 provided by the Personnel Service Center and 

10 the Coast Guard Office of the Judge Advocate 

11 General, other than the counsel directly rep12 resenting affected members of the Coast Guard, 

13 in communication with medical personnel exam14 ining members. 

15 (H) The guidance, formal or otherwise, 

16 provided by the medical professionals reviewing 

17 cases within the Physical Disability Evaluation 

18 System to affected members of the Coast 

19 Guard, and the extent to which such guidance 

20 is disclosed to the commanders, commanding 

21 officers, or other members of the Coast Guard 

22 in the chain of command of such affected mem23 bers. 

24 (I) The feasibility of establishing a pro25 gram to allow members of the Coast Guard to 


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1 select an expedited review to ensure completion 

2 of the Medical Evaluation Board report not 

3 later than 180 days after the date on which 

4 such review was initiated. 

5 (b) REPORT.—The Comptroller General shall submit 

6 to the Committee on Commerce, Science, and Transpor7 tation of the Senate and the Committee on Transportation 

8 and Infrastructure of the House of Representatives a re9 port on the findings of the study conducted under sub10 section (a) and recommendations for improving the phys11 ical disability evaluation system process. 

12 (c) UPDATED POLICY GUIDANCE.— 

13 (1) IN GENERAL.—Not later than 180 days 

14 after the date on which the report under subsection 

15 (b) is submitted, the Commandant shall issue up16 dated policy guidance in response to the findings 

17 and recommendations contained in the report. 

18 (2) ELEMENTS.—The updated policy guidance 

19 required by paragraph (1) shall include the fol20 lowing: 

21 (A) A requirement that a member of the 

22 Coast Guard, or the counsel of such a member, 

23 shall be informed of the contents of, and af24 forded the option to be present for, any commu25 nication between the member’s command and 


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1 the Personnel Service Center, or other Coast 

2 Guard entity, with respect to the duty status of 

3 the member. 

4 (B) An exception to the requirement de5 scribed in subparagraph (A) that such a mem6 ber or the counsel of the member is not re7 quired to be informed of the contents of such 

8 a communication if it is demonstrated that 

9 there is a legitimate health and safety need for 

10 the member to be excluded from such commu11 nications, supported by a medical opinion that 

12 such exclusion is necessary for the health or 

13 safety of the member, command, or any other 

14 individual. 

15 (C) An option to allow a member of the 

16 Coast Guard to initiate an evaluation by a Med17 ical Evaluation Board if a Coast Guard 

18 healthcare provider, or other military healthcare 

19 provider, has raised a concern about the ability 

20 of the member to continue serving in the Coast 

21 Guard, in accordance with existing medical and 

22 physical disability policy. 

23 (D) An updated policy to remove the com24 mand endorsement requirement for retirement 


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1 or separation unless absolutely necessary for 

2 the benefit of the United States. 

3 SEC. 262. EXPANSION OF AUTHORITY FOR MULTIRATER AS4 SESSMENTS OF CERTAIN PERSONNEL. 

5 (a) IN GENERAL.—Section 2182(a) of title 14, 

6 United States Code, is amended by striking paragraph (2) 

7 and inserting the following: 

8 ‘‘(2) OFFICERS.—Each officer of the Coast 

9 Guard shall undergo a multirater assessment before 

10 promotion to— 

11 ‘‘(A) the grade of O–4; 

12 ‘‘(B) the grade of O–5; and 

13 ‘‘(C) the grade of O–6. 

14 ‘‘(3) ENLISTED MEMBERS.—Each enlisted 

15 member of the Coast Guard shall undergo a 

16 multirater assessment before advancement to— 

17 ‘‘(A) the grade of E–7; 

18 ‘‘(B) the grade of E–8; 

19 ‘‘(C) the grade of E–9; and 

20 ‘‘(D) the grade of E–10. 

21 ‘‘(4) SELECTION.—A reviewee shall not be per22 mitted to select the peers and subordinates who pro23 vide opinions for his or her multirater assessment. 

24 ‘‘(5) POST-ASSESSMENT ELEMENTS.— 


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1 ‘‘(A) IN GENERAL.—Following an assess2 ment of an individual pursuant to paragraphs 

3 (1) through (3), the individual shall be provided 

4 appropriate post-assessment counseling and 

5 leadership coaching. 

6 ‘‘(B) AVAILABILITY OF RESULTS.—The su7 pervisor of the individual assessed shall be pro8 vided with the results of the multirater assess9 ment.’’. 

10 (b) COST ASSESSMENT.— 

11 (1) IN GENERAL.—Not later than 1 year after 

12 the date of the enactment of this Act, the Com13 mandant shall provide to the appropriate committees 

14 of Congress an estimate of the costs associated with 

15 implementing the amendment made by this section. 

16 (2) APPROPRIATE COMMITTEES OF CONGRESS

17 DEFINED.—In this subsection, the term ‘‘appro18 priate committees of Congress’’ means— 

19 (A) the Committee on Commerce, Science, 

20 and Transportation and the Committee on Ap21 propriations of the Senate; and 

22 (B) the Committee on Transportation and 

23 Infrastructure and the Committee on Appro24 priations of the House of Representatives. 


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1 SEC. 263. PROMOTION PARITY. 

2 (a) INFORMATION TO BE FURNISHED.—Section 

3 2115(a) of title 14, United States Code, is amended— 

4 (1) in paragraph (1), by striking ‘‘; and’’ and 

5 inserting a semicolon; 

6 (2) in paragraph (2), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(3) in the case of an eligible officer considered 

10 for promotion to a rank above lieutenant, any cred11 ible information of an adverse nature, including any 

12 substantiated adverse finding or conclusion from an 

13 officially documented investigation or inquiry and 

14 any information placed in the personnel service 

15 record of the officer under section 1745(a) of the 

16 National Defense Authorization Act for Fiscal Year 

17 2014 (Public Law 113–66; 10 U.S.C. 1561 note), 

18 shall be furnished to the selection board in accord19 ance with standards and procedures set out in the 

20 regulations prescribed by the Secretary.’’. 

21 (b) SPECIAL SELECTION REVIEW BOARDS.— 

22 (1) IN GENERAL.—Subchapter I of chapter 21 

23 of title 14, United States Code, is amended by in24 serting after section 2120 the following: 


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1 ‘‘§ 2120a. Special selection review boards 

2 ‘‘(a) IN GENERAL.—(1) If the Secretary determines 

3 that a person recommended by a promotion board for pro4 motion to a grade at or below the grade of rear admiral 

5 is the subject of credible information of an adverse nature, 

6 including any substantiated adverse finding or conclusion 

7 described in section 2115(a)(3) of this title that was not 

8 furnished to the promotion board during its consideration 

9 of the person for promotion as otherwise required by such 

10 section, the Secretary shall convene a special selection re11 view board under this section to review the person and 

12 recommend whether the recommendation for promotion of 

13 the person should be sustained. 

14 ‘‘(2) If a person and the recommendation for pro15 motion of the person is subject to review under this section 

16 by a special selection review board convened under this 

17 section, the name of the person— 

18 ‘‘(A) shall not be disseminated or publicly re19 leased on the list of officers recommended for pro20 motion by the promotion board recommending the 

21 promotion of the person; and 

22 ‘‘(B) shall not be forwarded to the President or 

23 the Senate, as applicable, or included on a pro24 motion list under section 2121 of this title. 

25 ‘‘(b) CONVENING.—(1) Any special selection review 

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1 cordance with the provisions of section 2120(c) of this 

2 title. 

3 ‘‘(2) Any special selection review board convened 

4 under this section may review such number of persons, 

5 and recommendations for promotion of such persons, as 

6 the Secretary shall specify in convening such special selec7 tion review board. 

8 ‘‘(c) INFORMATION CONSIDERED.—(1) In reviewing 

9 a person and recommending whether the recommendation 

10 for promotion of the person should be sustained under this 

11 section, a special selection review board convened under 

12 this section shall be furnished and consider the following: 

13 ‘‘(A) The record and information concerning 

14 the person furnished in accordance with section 

15 2115 of this title to the promotion board that rec16 ommended the person for promotion. 

17 ‘‘(B) Any credible information of an adverse na18 ture on the person, including any substantiated ad19 verse finding or conclusion from an officially docu20 mented investigation or inquiry described in section 

21 2115(a)(3) of this title. 

22 ‘‘(2) The furnishing of information to a special selec23 tion review board under paragraph (1)(B) shall be gov24 erned by the standards and procedures referred to in sec25 tion 2115 of this title. 


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1 ‘‘(3)(A) Before information on a person described in 

2 paragraph (1)(B) is furnished to a special selection review 

3 board for purposes of this section, the Secretary shall en4 sure that— 

5 ‘‘(i) such information is made available to the 

6 person; and 

7 ‘‘(ii) subject to subparagraphs (C) and (D), the 

8 person is afforded a reasonable opportunity to sub9 mit comments on such information to the special se10 lection review board before its review of the person 

11 and the recommendation for promotion of the person 

12 under this section. 

13 ‘‘(B) If information on a person described in para14 graph (1)(B) is not made available to the person as other15 wise required by subparagraph (A)(i) due to the classifica16 tion status of such information, the person shall, to the 

17 maximum extent practicable, be furnished a summary of 

18 such information appropriate to the person’s authorization 

19 for access to classified information. 

20 ‘‘(C)(i) An opportunity to submit comments on infor21 mation is not required for a person under subparagraph 

22 (A)(ii) if— 

23 ‘‘(I) such information was made available to the 

24 person in connection with the furnishing of such in25 formation under section 2115(a) of this title to the 


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1 promotion board that recommended the promotion of 

2 the person subject to review under this section; and 

3 ‘‘(II) the person submitted comments on such 

4 information to that promotion board. 

5 ‘‘(ii) The comments on information of a person de6 scribed in clause (i)(II) shall be furnished to the special 

7 selection review board. 

8 ‘‘(D) A person may waive either or both of the fol9 lowing: 

10 ‘‘(i) The right to submit comments to a special 

11 selection review board under subparagraph (A)(ii). 

12 ‘‘(ii) The furnishing of comments to a special 

13 selection review board under subparagraph (C)(ii). 

14 ‘‘(d) CONSIDERATION.—(1) In considering the record 

15 and information on a person under this section, the special 

16 selection review board shall compare such record and in17 formation with an appropriate sampling of the records of 

18 those officers who were recommended for promotion by the 

19 promotion board that recommended the person for pro20 motion, and an appropriate sampling of the records of 

21 those officers who were considered by and not rec22 ommended for promotion by that promotion board. 

23 ‘‘(2) Records and information shall be presented to 

24 a special selection review board for purposes of paragraph 

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1 son or persons for whom the special selection review board 

2 was convened. 

3 ‘‘(3) In considering whether the recommendation for 

4 promotion of a person should be sustained under this sec5 tion, a special selection review board shall, to the greatest 

6 extent practicable, apply standards used by the promotion 

7 board that recommended the person for promotion. 

8 ‘‘(4) The recommendation for promotion of a person 

9 may be sustained under this section only if the special se10 lection review board determines that the person— 

11 ‘‘(A) ranks on an order of merit created by the 

12 special selection review board as better qualified for 

13 promotion than the sample officer highest on the 

14 order of merit list who was considered by and not 

15 recommended for promotion by the promotion board 

16 concerned; and 

17 ‘‘(B) is comparable in qualification for pro18 motion to those sample officers who were rec19 ommended for promotion by that promotion board. 

20 ‘‘(5) A recommendation for promotion of a person 

21 may be sustained under this section only by a vote of a 

22 majority of the members of the special selection review 

23 board. 

24 ‘‘(6) If a special selection review board does not sus25 tain a recommendation for promotion of a person under 


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1 this section, the person shall be considered to have failed 

2 of selection for promotion. 

3 ‘‘(e) REPORTS.—(1) Each special selection review 

4 board convened under this section shall submit to the Sec5 retary a written report, signed by each member of the 

6 board, containing the name of each person whose rec7 ommendation for promotion it recommends for 

8 sustainment and certifying that the board has carefully 

9 considered the record and information of each person 

10 whose name was referred to it. 

11 ‘‘(2) The provisions of sections 2117(a) of this title 

12 apply to the report and proceedings of a special selection 

13 review board convened under this section in the same man14 ner as they apply to the report and proceedings of a pro15 motion board convened under section 2106 of this title. 

16 ‘‘(f) APPOINTMENT OF PERSONS.—(1) If the report 

17 of a special selection review board convened under this sec18 tion recommends the sustainment of the recommendation 

19 for promotion to the next higher grade of a person whose 

20 name was referred to it for review under this section, and 

21 the President approves the report, the person shall, as 

22 soon as practicable, be appointed to that grade in accord23 ance with section 2121 of this title. 

24 ‘‘(2) A person who is appointed to the next higher 

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1 pointment, have the same date of rank, the same effective 

2 date for the pay and allowances of that grade, and the 

3 same position on the active-duty list as the person would 

4 have had pursuant to the original recommendation for 

5 promotion of the promotion board concerned. 

6 ‘‘(g) REGULATIONS.—The Secretary shall prescribe 

7 regulations to carry out this section. 

8 ‘‘(h) PROMOTION BOARD DEFINED.—In this section, 

9 the term ‘promotion board’ means a selection board con10 vened by the Secretary under section 2106 of this title.’’. 

11 (2) CLERICAL AMENDMENT.—The analysis for 

12 subchapter I of chapter 21 of title 14, United States 

13 Code, is amended by inserting after the item relating 

14 to section 2120 the following: 

‘‘2120a. Special selection review boards’’. 

15 (c) AVAILABILITY OF INFORMATION.—Section 2118 

16 of title 14, United States Code, is amended by adding at 

17 the end the following: 

18 ‘‘(e) If the Secretary makes a recommendation under 

19 this section that the name of an officer be removed from 

20 a report of a selection board and the recommendation is 

21 accompanied by information that was not presented to 

22 that selection board, that information shall be made avail23 able to that officer. The officer shall then be afforded a 

24 reasonable opportunity to submit comments on that infor25 mation to the officials making the recommendation and 


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1 the officials reviewing the recommendation. If an eligible 

2 officer cannot be given access to such information because 

3 of its classification status, the officer shall, to the max4 imum extent practicable, be provided with an appropriate 

5 summary of the information.’’. 

6 (d) DELAY OF PROMOTION.—Section 2121(f) of title 

7 14, United States Code, is amended to read as follows: 

8 ‘‘(f)(1) The promotion of an officer may be delayed 

9 without prejudice if any of the following applies: 

10 ‘‘(A) The officer is under investigation or pro11 ceedings of a court-martial or a board of officers are 

12 pending against the officer. 

13 ‘‘(B) A criminal proceeding in a Federal or 

14 State court is pending against the officer. 

15 ‘‘(C) The Secretary determines that credible in16 formation of an adverse nature, including a substan17 tiated adverse finding or conclusion described in sec18 tion 2115(a)(3), with respect to the officer will re19 sult in the convening of a special selection review 

20 board under section 2120a of this title to review the 

21 officer and recommend whether the recommendation 

22 for promotion of the officer should be sustained. 

23 ‘‘(2)(A) Subject to subparagraph (B), a promotion 

24 may be delayed under this subsection until, as applica25 ble— 


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1 ‘‘(i) the completion of the investigation or pro2 ceedings described in subparagraph (A); 

3 ‘‘(ii) a final decision in the proceeding described 

4 in subparagraph (B) is issued; or 

5 ‘‘(iii) the special selection review board con6 vened under section 2120a of this title issues rec7 ommendations with respect to the officer. 

8 ‘‘(B) Unless the Secretary determines that a 

9 further delay is necessary in the public interest, a 

10 promotion may not be delayed under this subsection 

11 for more than one year after the date the officer 

12 would otherwise have been promoted. 

13 ‘‘(3) An officer whose promotion is delayed under this 

14 subsection and who is subsequently promoted shall be 

15 given the date of rank and position on the active duty pro16 motion list in the grade to which promoted that he would 

17 have held had his promotion not been so delayed.’’. 

18 SEC. 264. PARTNERSHIP PROGRAM TO DIVERSIFY THE 

19 COAST GUARD. 

20 (a) ESTABLISHMENT.—The Commandant shall es21 tablish a program for the purpose of increasing the num22 ber of underrepresented minorities in the enlisted ranks 

23 of the Coast Guard. 

24 (b) PARTNERSHIPS.—In carrying out the program es25 tablished under subsection (a), the Commandant shall— 


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1 (1) seek to enter into 1 or more partnerships 

2 with eligible entities— 

3 (A) to increase the visibility of Coast 

4 Guard careers; 

5 (B) to promote curriculum development— 

6 (i) to enable acceptance into the Coast 

7 Guard; and 

8 (ii) to improve success on relevant 

9 exams, such as the Armed Services Voca10 tional Aptitude Battery; and 

11 (C) to provide mentoring for students en12 tering and beginning Coast Guard careers; and 

13 (2) enter into a partnership with an existing 

14 Junior Reserve Officers’ Training Corps for the pur15 pose of promoting Coast Guard careers. 

16 (c) ELIGIBLE INSTITUTION DEFINED.—In this sec17 tion, the term ‘‘eligible institution’’ means— 

18 (1) an institution of higher education (as de19 fined in section 101 of the Higher Education Act of 

20 1965 (20 U.S.C. 1001)); 

21 (2) an institution that provides a level of edu22 cational attainment that is less than a bachelor’s de23 gree; 


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1 (3) a part B institution (as defined in section 

2 322 of the Higher Education Act of 1965 (20 

3 U.S.C. 1061)); 

4 (4) a Tribal College or University (as defined in 

5 section 316(b) of that Act (20 U.S.C. 1059c(b))); 

6 (5) a Hispanic-serving institution (as defined in 

7 section 502 of that Act (20 U.S.C. 1101a)); 

8 (6) an Alaska Native-serving institution or a 

9 Native Hawaiian-serving institution (as defined in 

10 section 317(b) of that Act (20 U.S.C. 1059d(b))); 

11 (7) a Predominantly Black institution (as de12 fined in section 371(c) of that Act (20 U.S.C. 

13 1071q(c))); 

14 (8) an Asian American and Native American 

15 Pacific Islander-serving institution (as defined in 

16 such section); and 

17 (9) a Native American-serving nontribal institu18 tion (as defined in such section). 

19 SEC. 265. EXPANSION OF COAST GUARD JUNIOR RESERVE 

20 OFFICERS’ TRAINING CORPS. 

21 (a) IN GENERAL.—Section 320 of title 14, United 

22 States Code, is amended— 

23 (1) by redesignating subsection (c) as sub24 section (d); 


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1 (2) in subsection (b), by striking ‘‘subsection 

2 (c)’’ and inserting ‘‘subsection (d)’’; and 

3 (3) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) SCOPE.—Beginning on December 31, 2025, the 

6 Secretary of the department in which the Coast Guard is 

7 operating shall maintain at all times a Junior Reserve Of8 ficers’ Training Corps program with not fewer than 1 such 

9 program established in each Coast Guard district.’’. 

10 (b) COST ASSESSMENT.—Not later than 1 year after 

11 the date of the enactment of this Act, the Secretary of 

12 the department in which the Coast Guard is operating 

13 shall provide to Congress an estimate of the costs associ14 ated with implementing the amendments made by this sec15 tion. 

16 SEC. 266. IMPROVING REPRESENTATION OF WOMEN AND 

17 RACIAL AND ETHNIC MINORITIES AMONG 

18 COAST GUARD ACTIVE-DUTY MEMBERS. 

19 (a) IN GENERAL.—Not later than 180 days after the 

20 date of the enactment of this Act, in consultation with the 

21 Advisory Board on Women at the Coast Guard Academy 

22 established under section 1904 of title 14, United States 

23 Code, and the minority outreach team program established 

24 by section 1905 of such title, the Commandant shall— 


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1 (1) determine which recommendations in the 

2 RAND representation report may practicably be im3 plemented to promote improved representation in the 

4 Coast Guard of— 

5 (A) women; and 

6 (B) racial and ethnic minorities; and 

7 (2) submit to the Committee on Commerce, 

8 Science, and Transportation of the Senate and the 

9 Committee on Transportation and Infrastructure of 

10 the House of Representatives a report on the actions 

11 the Commandant has taken, or plans to take, to im12 plement such recommendations. 

13 (b) CURRICULUM AND TRAINING.—In the case of any 

14 action the Commandant plans to take to implement rec15 ommendations described in subsection (a)(1) that relate 

16 to modification or development of curriculum and training, 

17 such modified curriculum and trainings shall be provided 

18 at officer and accession points and at leadership courses 

19 managed by the Coast Guard Leadership Development 

20 Center. 

21 (c) DEFINITION OF RAND REPRESENTATION RE22 PORT.—In this section, the term ‘‘RAND representation 

23 report’’ means the report of the Homeland Security Oper24 ational Analysis Center of the RAND Corporation entitled 

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1 nic Minorities Among U.S. Coast Guard Active-Duty 

2 Members’’ issued on August 11, 2021. 

3 SEC. 267. STRATEGY TO ENHANCE DIVERSITY THROUGH 

4 RECRUITMENT AND ACCESSION. 

5 (a) IN GENERAL.—The Commandant shall develop a 

6 10-year strategy to enhance Coast Guard diversity 

7 through recruitment and accession— 

8 (1) at educational institutions at the high 

9 school and higher education levels; and 

10 (2) for the officer and enlisted ranks. 

11 (b) REPORT.— 

12 (1) IN GENERAL.—Not later than 180 days 

13 after the date of the enactment of this Act, the 

14 Commandant shall submit to the Committee on 

15 Commerce, Science, and Transportation of the Sen16 ate and the Committee on Transportation and Infra17 structure of the House of Representatives a report 

18 on the strategy developed under subsection (a). 

19 (2) ELEMENTS.—The report required by para20 graph (1) shall include the following: 

21 (A) A description of existing Coast Guard 

22 recruitment and accession programs at edu23 cational institutions at the high school and 

24 higher education levels. 


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1 (B) An explanation of the manner in which 

2 the strategy supports the Coast Guard’s overall 

3 diversity and inclusion action plan. 

4 (C) A description of the manner in which 

5 existing programs and partnerships will be 

6 modified or expanded to enhance diversity in re7 cruiting and accession at the high school and 

8 higher education levels. 

9 SEC. 268. SUPPORT FOR COAST GUARD ACADEMY. 

10 (a) IN GENERAL.—Subchapter II of chapter 9 of title 

11 14, United States Code, is amended by adding at the end 

12 the following: 

13 ‘‘§ 953. Support for Coast Guard Academy 

14 ‘‘(a) AUTHORITY.— 

15 ‘‘(1) CONTRACTS AND COOPERATIVE AGREE16 MENTS.—(A) The Commandant may enter contract 

17 and cooperative agreements with 1 or more qualified 

18 organizations for the purpose of supporting the ath19 letic programs of the Coast Guard Academy. 

20 ‘‘(B) Notwithstanding section 2304(k) of title 

21 10, the Commandant may enter into such contracts 

22 and cooperative agreements on a sole source basis 

23 pursuant to section 2304(c)(5) of title 10. 

24 ‘‘(C) Notwithstanding chapter 63 of title 31, a 

25 cooperative agreement under this section may be 


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1 used to acquire property or services for the direct 

2 benefit or use of the Coast Guard Academy. 

3 ‘‘(2) FINANCIAL CONTROLS.—(A) Before enter4 ing into a contract or cooperative agreement under 

5 paragraph (1), the Commandant shall ensure that 

6 the contract or agreement includes appropriate fi7 nancial controls to account for the resources of the 

8 Coast Guard Academy and the qualified organization 

9 concerned in accordance with accepted accounting 

10 principles. 

11 ‘‘(B) Any such contract or cooperative agree12 ment shall contain a provision that allows the Com13 mandant to review, as the Commandant considers 

14 necessary, the financial accounts of the qualified or15 ganization to determine whether the operations of 

16 the qualified organization— 

17 ‘‘(i) are consistent with the terms of the 

18 contract or cooperative agreement; and 

19 ‘‘(ii) would compromise the integrity or ap20 pearance of integrity of any program of the De21 partment of Homeland Security. 

22 ‘‘(3) LEASES.—For the purpose of supporting 

23 the athletic programs of the Coast Guard Academy, 

24 the Commandant may, consistent with section 

25 504(a)(13), rent or lease real property located at the 


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1 Coast Guard Academy to a qualified organization, 

2 except that proceeds from such a lease shall be re3 tained and expended in accordance with subsection 

4 (f). 

5 ‘‘(b) SUPPORT SERVICES.— 

6 ‘‘(1) AUTHORITY.—To the extent required by a 

7 contract or cooperative agreement under subsection 

8 (a), the Commandant may provide support services 

9 to a qualified organization while the qualified organi10 zation conducts its support activities at the Coast 

11 Guard Academy only if the Commandant determines 

12 that the provision of such services is essential for the 

13 support of the athletic programs of the Coast Guard 

14 Academy. 

15 ‘‘(2) NO LIABILITY OF THE UNITED STATES.— 

16 Support services may only be provided without any 

17 liability of the United States to a qualified organiza18 tion. 

19 ‘‘(3) SUPPORT SERVICES DEFINED.—In this 

20 subsection, the term ‘support services’ includes utili21 ties, office furnishings and equipment, communica22 tions services, records staging and archiving, audio 

23 and video support, and security systems, in conjunc24 tion with the leasing or licensing of property. 


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1 ‘‘(c) TRANSFERS FROM NONAPPROPRIATED FUND

2 OPERATION.—(1) Except as provided in paragraph (2), 

3 the Commandant may, subject to the acceptance of the 

4 qualified organization concerned, transfer to the qualified 

5 organization all title to and ownership of the assets and 

6 liabilities of the Coast Guard nonappropriated fund instru7 mentality, the function of which includes providing sup8 port for the athletic programs of the Coast Guard Acad9 emy, including bank accounts and financial reserves in the 

10 accounts of such fund instrumentality, equipment, sup11 plies, and other personal property. 

12 ‘‘(2) The Commandant may not transfer under para13 graph (1) any interest in real property. 

14 ‘‘(d) ACCEPTANCE OF SUPPORT FROM QUALIFIED

15 ORGANIZATION.— 

16 ‘‘(1) IN GENERAL.—Notwithstanding section 

17 1342 of title 31, the Commandant may accept from 

18 a qualified organization funds, supplies, and services 

19 for the support of the athletic programs of the Coast 

20 Guard Academy. 

21 ‘‘(2) EMPLOYEES OF QUALIFIED ORGANIZA22 TION.—For purposes of this section, employees or 

23 personnel of the qualified organization may not be 

24 considered to be employees of the United States. 


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1 ‘‘(3) FUNDS RECEIVED FROM NCAA.—The Com2 mandant may accept funds from the National Colle3 giate Athletic Association to support the athletic 

4 programs of the Coast Guard Academy. 

5 ‘‘(4) LIMITATION.—The Commandant shall en6 sure that contributions under this subsection and ex7 penditure of funds pursuant to subsection (f)— 

8 ‘‘(A) do not reflect unfavorably on the abil9 ity of the Coast Guard, any employee of the 

10 Coast Guard, or any member of the armed 

11 forces (as defined in section 101(a) of title 10) 

12 to carry out any responsibility or duty in a fair 

13 and objective manner; or 

14 ‘‘(B) compromise the integrity or appear15 ance of integrity of any program of the Coast 

16 Guard, or any individual involved in such a pro17 gram. 

18 ‘‘(e) TRADEMARKS AND SERVICE MARKS.— 

19 ‘‘(1) LICENSING, MARKETING, AND SPONSOR20 SHIP AGREEMENTS.—An agreement under sub21 section (a) may, consistent with section 2260 of title 

22 10 (other than subsection (d) of such section), au23 thorize a qualified organization to enter into licens24 ing, marketing, and sponsorship agreements relating 

25 to trademarks and service marks identifying the 


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1 Coast Guard Academy, subject to the approval of 

2 the Commandant. 

3 ‘‘(2) LIMITATIONS.—A licensing, marketing, or 

4 sponsorship agreement may not be entered into 

5 under paragraph (1) if— 

6 ‘‘(A) such agreement would reflect unfa7 vorably on the ability of the Coast Guard, any 

8 employee of the Coast Guard, or any member of 

9 the armed forces to carry out any responsibility 

10 or duty in a fair and objective manner; or 

11 ‘‘(B) the Commandant determines that the 

12 use of the trademark or service mark would 

13 compromise the integrity or appearance of in14 tegrity of any program of the Coast Guard or 

15 any individual involved in such a program. 

16 ‘‘(f) RETENTION AND USE OF FUNDS.—Funds re17 ceived by the Commandant under this section may be re18 tained for use to support the athletic programs of the 

19 Coast Guard Academy and shall remain available until ex20 pended. 

21 ‘‘(g) SERVICE ON QUALIFIED ORGANIZATION BOARD

22 OF DIRECTORS.—A qualified organization is a designated 

23 entity for which authorization under sections 1033(a) and 

24 1589(a) of title 10, may be provided. 


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1 ‘‘(h) CONDITIONS.—The authority provided in this 

2 section with respect to a qualified organization is available 

3 only so long as the qualified organization continues— 

4 ‘‘(1) to qualify as a nonprofit organization 

5 under section 501(c)(3) of the Internal Revenue 

6 Code of 1986 and operates in accordance with this 

7 section, the law of the State of Connecticut, and the 

8 constitution and bylaws of the qualified organization; 

9 and 

10 ‘‘(2) to operate exclusively to support the ath11 letic programs of the Coast Guard Academy. 

12 ‘‘(i) QUALIFIED ORGANIZATION DEFINED.—In this 

13 section, the term ‘qualified organization’ means an organi14 zation— 

15 ‘‘(1) described in subsection (c)(3) of section 

16 501 of the Internal Revenue Code of 1986 and ex17 empt from taxation under subsection (a) of that sec18 tion; and 

19 ‘‘(2) established by the Coast Guard Academy 

20 Alumni Association solely for the purpose of sup21 porting Coast Guard athletics. 


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1 ‘‘§ 954. Mixed-funded athletic and recreational extra2 curricular programs: authority to man3 age appropriated funds in same manner 

4 as nonappropriated funds 

5 ‘‘(a) AUTHORITY.—In the case of a Coast Guard 

6 Academy mixed-funded athletic or recreational extra7 curricular program, the Commandant may designate 

8 funds appropriated to the Coast Guard and available for 

9 that program to be treated as nonappropriated funds and 

10 expended for that program in accordance with laws appli11 cable to the expenditure of nonappropriated funds. Appro12 priated funds so designated shall be considered to be non13 appropriated funds for all purposes and shall remain avail14 able until expended. 

15 ‘‘(b) COVERED PROGRAMS.—In this section, the term 

16 ‘Coast Guard Academy mixed-funded athletic or rec17 reational extracurricular program’ means an athletic or 

18 recreational extracurricular program of the Coast Guard 

19 Academy to which each of the following applies: 

20 ‘‘(1) The program is not considered a morale, 

21 welfare, or recreation program. 

22 ‘‘(2) The program is supported through appro23 priated funds. 

24 ‘‘(3) The program is supported by a non25 appropriated fund instrumentality. 


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1 ‘‘(4) The program is not a private organization 

2 and is not operated by a private organization.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for sub4 chapter II of chapter 9 title 14 United States Code, is 

5 amended by adding at the end the following: 

‘‘953. Support for Coast Guard Academy. 

‘‘954. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds.’’. 

6 SEC. 269. TRAINING FOR CONGRESSIONAL AFFAIRS PER7 SONNEL. 

8 (a) IN GENERAL.—Section 315 of title 14, United 

9 States Code, is amended to read as follows: 

10 ‘‘§ 315. Training for congressional affairs personnel 

11 ‘‘(a) IN GENERAL.—The Commandant shall develop 

12 a training course, which shall be administered in person, 

13 on the workings of Congress for any member of the Coast 

14 Guard selected for a position as a fellow, liaison, counsel, 

15 administrative staff for the Coast Guard Office of Con16 gressional and Governmental Affairs, or any Coast Guard 

17 district or area governmental affairs officer. 

18 ‘‘(b) COURSE SUBJECT MATTER.— 

19 ‘‘(1) IN GENERAL.—The training course re20 quired by this section shall provide an overview and 

21 introduction to Congress and the Federal legislative 

22 process, including— 

23 ‘‘(A) the congressional budget process; 


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1 ‘‘(B) the congressional appropriations 

2 process; 

3 ‘‘(C) the congressional authorization proc4 ess; 

5 ‘‘(D) the Senate advice and consent proc6 ess for Presidential nominees; 

7 ‘‘(E) the Senate advice and consent proc8 ess for treaty ratification; 

9 ‘‘(F) the roles of Members of Congress and 

10 congressional staff in the legislative process; 

11 ‘‘(G) the concept and underlying purposes 

12 of congressional oversight within the governance 

13 framework of separation of powers; 

14 ‘‘(H) the roles of Coast Guard fellows, liai15 sons, counsels, governmental affairs officers, 

16 the Coast Guard Office of Program Review, the 

17 Coast Guard Headquarters program offices, 

18 and any other entity the Commandant considers 

19 relevant; and 

20 ‘‘(I) the roles and responsibilities of Coast 

21 Guard public affairs and external communica22 tions personnel with respect to Members of 

23 Congress and their staff necessary to enhance 

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1 mittees of jurisdiction so as to ensure visibility 

2 of Coast Guard activities. 

3 ‘‘(2) DETAIL WITHIN COAST GUARD OFFICE OF

4 BUDGET AND PROGRAMS.— 

5 ‘‘(A) IN GENERAL.—At the written request 

6 of the receiving congressional office, the train7 ing course required by this section shall include 

8 a multi-day detail within the Coast Guard Of9 fice of Budget and Programs to ensure ade10 quate exposure to Coast Guard policy, over11 sight, and requests from Congress. 

12 ‘‘(B) NONCONSECUTIVE DETAIL PER13 MITTED.—A detail under this paragraph is not 

14 required to be consecutive with the balance of 

15 the training. 

16 ‘‘(c) COMPLETION OF REQUIRED TRAINING.—A 

17 member of the Coast Guard selected for a position de18 scribed in subsection (a) shall complete the training re19 quired by this section before the date on which such mem20 ber reports for duty for such position.’’. 

21 SEC. 270. STRATEGY FOR RETENTION OF CUTTERMEN. 

22 (a) IN GENERAL.—Not later than 180 days after the 

23 date of enactment of this Act, the Commandant shall pub24 lish a strategy to improve incentives to attract and retain 

25 a diverse workforce serving on Coast Guard cutters. 


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1 (b) ELEMENTS.—The strategy required by subsection 

2 (a) shall include the following: 

3 (1) Policies to improve flexibility in the afloat 

4 career path, including a policy that enables members 

5 of the Coast Guard serving on Coast Guard cutters 

6 to transition between operations afloat and oper7 ations ashore assignments without detriment to their 

8 career progression. 

9 (2) A review of current officer requirements for 

10 afloat positions at each pay grade, and an assess11 ment as to whether such requirements are appro12 priate or present undue limitations. 

13 (3) Strategies to improve crew comfort afloat, 

14 such as berthing modifications to accommodate 

15 mixed-gender crew and gender-nonconforming crew. 

16 (4) Actionable steps to improve access to 

17 highspeed internet capable of video conference for 

18 the purposes of medical, educational, and personal 

19 use by members of the Coast Guard serving on 

20 Coast Guard cutters. 

21 (5) An assessment of the effectiveness of bo22 nuses to attract members to serve at sea and retain 

23 talented members of the Coast Guard serving on 

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1 listed positions, department head positions, and com2 mand positions. 

3 (6) Policies to ensure that high-performing 

4 members of the Coast Guard serving on Coast 

5 Guard cutters are competitive for special assign6 ments, postgraduate education, senior service 

7 schools, and other career-enhancing positions. 

8 SEC. 271. STUDY ON EXTREMISM IN THE COAST GUARD. 

9 (a) STUDY.— 

10 (1) IN GENERAL.—Not later than 1 year after 

11 the date of the enactment of this Act, the Comp12 troller General of the United States shall commence 

13 a study on the presence of extremism within the 

14 workforce of the Coast Guard. 

15 (2) ELEMENTS.—The study required by para16 graph (1) shall include the following: 

17 (A) An assessment of— 

18 (i) the extent to which extremist 

19 ideologies, including ideologies that encour20 age, or could lead to, violence, exists within 

21 the workforce of the Coast Guard; 

22 (ii) the unique challenges the Coast 

23 Guard faces in addressing such ideologies 

24 within the workforce of the Coast Guard; 

25 and 


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1 (iii) the manner in which such 

2 ideologies are introduced into the work3 force of the Coast Guard. 

4 (B) Recommendations on ways to address 

5 and eradicate any such ideologies within the 

6 workforce of the Coast Guard. 

7 (b) REPORT.—Not later than 1 year after com8 mencing the study required by subsection (a), the Comp9 troller General shall submit to the Committee on Com10 merce, Science, and Transportation of the Senate and the 

11 Committee on Transportation and Infrastructure of the 

12 House of Representatives a report on the findings of the 

13 study, including a description of the recommendations 

14 under paragraph (2) of that subsection. 

15 (c) BRIEFING.—Not later than 90 days after the date 

16 on which the report is submitted under subsection (b), the 

17 Commandant shall provide a briefing to the Committee on 

18 Commerce, Science, and Transportation of the Senate and 

19 the Committee on Transportation and Infrastructure of 

20 the House of Representatives regarding the recommenda21 tions described in the report. 

22 SEC. 272. STUDY ON PERFORMANCE OF COAST GUARD 

23 FORCE READINESS COMMAND. 

24 (a) IN GENERAL.—Not later than 1 year after the 

25 date of the enactment of this Act, the Comptroller General 


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1 of the United States shall commence a study on the per2 formance of the Coast Guard Force Readiness Command. 

3 (b) ELEMENTS.—The study required by subsection 

4 (a) shall include an assessment of the following: 

5 (1) The actions the Force Readiness Command 

6 has taken to develop and implement training for the 

7 Coast Guard workforce. 

8 (2) The extent to which the Force Readiness 

9 Command— 

10 (A) has assessed performance, policy, and 

11 training compliance across Force Readiness 

12 Command headquarters and field units, and the 

13 results of any such assessment; and 

14 (B) is modifying and expanding Coast 

15 Guard training to match the future demands of 

16 the Coast Guard with respect to growth in 

17 workforce numbers, modernization of assets and 

18 infrastructure, and increased global mission de19 mands relating to the Arctic and Western Pa20 cific regions and cyberspace. 

21 (c) REPORT.—Not later than 1 year after the study 

22 required by subsection (a) commences, the Comptroller 

23 General shall submit to the Committee on Commerce, 

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1 mittee on Transportation and Infrastructure of the House 

2 of Representatives a report on the findings of the study. 

3 SEC. 273. STUDY ON FREQUENCY OF WEAPONS TRAINING 

4 FOR COAST GUARD PERSONNEL. 

5 (a) IN GENERAL.—The Commandant shall conduct 

6 a study to assess whether current weapons training re7 quired for Coast Guard law enforcement and other rel8 evant personnel is sufficient. 

9 (b) ELEMENTS.—The study required by subsection 

10 (a) shall— 

11 (1) assess whether there is a need to improve 

12 weapons training for Coast Guard law enforcement 

13 and other relevant personnel; and 

14 (2) identify— 

15 (A) the frequency of such training most 

16 likely to ensure adequate weapons training, pro17 ficiency, and safety among such personnel; 

18 (B) Coast Guard law enforcement and 

19 other applicable personnel who should be 

20 prioritized to receive such improved training; 

21 and 

22 (C) any challenge posed by a transition to 

23 improving such training and offering such 

24 training more frequently, and the resources nec25 essary to address such a challenge. 


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1 (c) REPORT.—Not later than 1 year after the date 

2 of the enactment of this Act, the Commandant shall sub3 mit to the Committee on Commerce, Science, and Trans4 portation of the Senate and the Committee on Transpor5 tation and Infrastructure of the House of Representatives 

6 a report on the findings of the study conducted under sub7 section (a). 

8 Subtitle G—Miscellaneous 

9 Provisions 

10 SEC. 281. BUDGETING OF COAST GUARD RELATING TO CER11 TAIN OPERATIONS. 

12 (a) IN GENERAL.—Chapter 51 of title 14, United 

13 States Code, as amended by section 252(b), is further 

14 amended by adding at the end the following: 

15 ‘‘§ 5114. Expenses of performing and executing de16 fense readiness missions and other activi17 ties unrelated to Coast Guard missions 

18 ‘‘The Commandant shall include in the annual budget 

19 submission of the President under section 1105(a) of title 

20 31 a dedicated budget line item that adequately represents 

21 a calculation of the annual costs and expenditures of per22 forming and executing all defense readiness mission activi23 ties, including— 

24 ‘‘(1) all expenses related to the Coast Guard’s 

25 coordination, training, and execution of defense 


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1 readiness mission activities in the Coast Guard’s ca2 pacity as an armed force (as such term is defined in 

3 section 101 of title 10) in support of Department of 

4 Defense national security operations and activities or 

5 for any other military department or Defense Agen6 cy (as such terms are defined in such section); 

7 ‘‘(2) costs associated with Coast Guard detach8 ments assigned in support of the Coast Guard’s de9 fense readiness mission; and 

10 ‘‘(3) any other related expenses, costs, or mat11 ters the Commandant considers appropriate or oth12 erwise of interest to Congress.’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for chap14 ter 51 of title 14, United States Code, as amended by sec15 tion 252(b), is further amended by adding at the end the 

16 following: 

‘‘5114. Expenses of performing and executing defense readiness missions or 

other activities unrelated to Coast Guard missions.’’. 

17 SEC. 282. COAST GUARD ASSISTANCE TO UNITED STATES 

18 SECRET SERVICE. 

19 Section 6 of the Presidential Protection Assistance 

20 Act of 1976 (18 U.S.C. 3056 note) is amended— 

21 (1) by striking ‘‘Executive departments’’ and 

22 inserting the following: 

23 ‘‘(a) Except as provided in subsection (b), Executive 

24 departments’’; 


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1 (2) by striking ‘‘Director; except that the De2 partment of Defense and the Coast Guard shall pro3 vide such assistance’’ and inserting the following: 

4 ‘‘Director. 

5 ‘‘(b)(1) Subject to paragraph (2), the Department of 

6 Defense and the Coast Guard shall provide assistance de7 scribed in subsection (a)’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(2)(A) For fiscal year 2022, and each fiscal year 

10 thereafter, the total cost of assistance described in sub11 section (a) provided by the Coast Guard on a nonreim12 bursable basis shall not exceed $15,000,000. 

13 ‘‘(B) The Coast Guard may provide assistance de14 scribed in subsection (a) during a fiscal year in addition 

15 to the amount specified in subparagraph (A) on a reim16 bursable basis.’’. 

17 SEC. 283. CONVEYANCE OF COAST GUARD VESSELS FOR 

18 PUBLIC PURPOSES. 

19 (a) TRANSFER.—Section 914 of the Coast Guard Au20 thorization Act of 2010 (14 U.S.C. 501 note; Public Law 

21 111–281) is— 

22 (1) transferred to subchapter I of chapter 5 of 

23 title 14, United States Code; 

24 (2) added at the end so as to follow section 508 

25 of such title; 


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1 (3) redesignated as section 509 of such title; 

2 and 

3 (4) amended so that the enumerator, the sec4 tion heading, typeface, and typestyle conform to 

5 those appearing in other sections of title 14, United 

6 States Code. 

7 (b) CLERICAL AMENDMENTS.— 

8 (1) COAST GUARD AUTHORIZATION ACT OF

9 2010.—The table of contents in section 1(b) of the 

10 Coast Guard Authorization Act of 2010 (Public Law 

11 111–281) is amended by striking the item relating 

12 to section 914. 

13 (2) TITLE 14.—The analysis for subchapter I of 

14 chapter 5 of title 14, United States Code, is amend15 ed by adding at the end the following: 

‘‘509. Conveyance of Coast Guard vessels for public purposes.’’. 

16 (c) CONVEYANCE OF COAST GUARD VESSELS FOR

17 PUBLIC PURPOSES.—Section 509 of title 14, United 

18 States Code, as transferred and redesignated by sub19 section (a), is amended— 

20 (1) by amending subsection (a) to read as fol21 lows: 

22 ‘‘(a) IN GENERAL.—On request by the Commandant, 

23 the Administrator of the General Services Administration 

24 may transfer ownership of a Coast Guard vessel or aircraft 

25 to an eligible entity for educational, cultural, historical, 


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1 charitable, recreational, or other public purposes if such 

2 transfer is authorized by law.’’; and 

3 (2) in subsection (b)— 

4 (A) in paragraph (1)— 

5 (i) by inserting ‘‘as if the request were 

6 being processed’’ after ‘‘vessels’’; and 

7 (ii) by inserting ‘‘, as in effect on the 

8 date of the enactment of the Coast Guard 

9 Authorization Act of 2022’’ after ‘‘Code of 

10 Federal Regulations’’; 

11 (B) in paragraph (2) by inserting ‘‘, as in 

12 effect on the date of the enactment of the Coast 

13 Guard Authorization Act of 2022’’ after ‘‘such 

14 title’’; and 

15 (C) in paragraph (3), by striking ‘‘of the 

16 Coast Guard’’. 

17 SEC. 284. COAST GUARD INTELLIGENCE ACTIVITIES AND 

18 EMERGENCY AND EXTRAORDINARY EX19 PENSES. 

20 (a) IN GENERAL.—Subject to the limitations of sub21 section (b) and with sums made available to the Director 

22 of the Coast Guard Counterintelligence Service, the Com23 mandant may expend funds for human intelligence and 

24 counterintelligence activities of any confidential, emer25 gency, or extraordinary nature that cannot be anticipated 


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1 or classified. The Commandant shall certify that such ex2 penditure was made for an object of a confidential, emer3 gency, or extraordinary nature and such a certification is 

4 final and conclusive upon the accounting officers of the 

5 United States. A written certification by the Commandant 

6 is sufficient voucher for the expenditure. 

7 (b) LIMITATIONS.— 

8 (1) MAXIMUM ANNUAL AMOUNT.—For each fis9 cal year, the Commandant may not obligate or ex10 pend funds under subsection (a) in an amount that 

11 exceeds 5 percent of the funds made available to the 

12 Director of the Coast Guard Counterintelligence 

13 Service for such fiscal year until— 

14 (A) the Commandant has notified the ap15 propriate committees of Congress of the intent 

16 to obligate or expend the funds in excess of 

17 such amount; and 

18 (B) 15 days have elapsed since the date of 

19 the notification in accordance with subpara20 graph (A). 

21 (2) REQUIREMENTS FOR EXPENDITURES IN EX22 CESS OF $25,000.—The Commandant may not obli23 gate or expend funds under subsection (a) for an ex24 penditure in excess of $25,000 until— 


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1 (A) the Commandant has notified the ap2 propriate committees of Congress of the intent 

3 to obligate or expend the funds; and 

4 (B) 15 days have elapsed since the date of 

5 the notification in accordance with subpara6 graph (A). 

7 (c) WAIVER.—Notwithstanding subsection (b), the 

8 Commandant may waive a requirement under such sub9 section if the Commandant determines that such a waiver 

10 is necessary due to extraordinary circumstances that af11 fect the national security of the United States. If the Com12 mandant issues a waiver under this subsection, the Com13 mandant shall submit to the appropriate committees of 

14 Congress, by not later than 48 hours after issuing the 

15 waiver, written notice of and justification for the waiver. 

16 (d) REPORTS.— 

17 (1) IN GENERAL.—Not less frequently than 

18 semiannually, the Commandant shall— 

19 (A) submit to the appropriate committees 

20 of Congress a report on all expenditures during 

21 the preceding semiannual period under sub22 section (a); and 

23 (B) provide a briefing to the appropriate 

24 committees of Congress on the report submitted 

25 under subparagraph (A). 


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1 (2) CONTENTS.—Each report submitted under 

2 paragraph (1)(A) shall include, for each individual 

3 expenditure covered by such report in an amount in 

4 excess of $25,000, the following: 

5 (A) A detailed description of the purpose 

6 of such expenditure. 

7 (B) The amount of such expenditure. 

8 (C) An identification of the approving au9 thority for such expenditure. 

10 (D) A justification of why other authorities 

11 available to the Coast Guard could not be used 

12 for such expenditure. 

13 (E) Any other additional information as 

14 the Commandant considers appropriate. 

15 (e) SPECIAL RULE.—The authority of this section 

16 shall be executed in a manner that does not contravene, 

17 and is consistent with, the responsibility and authority of 

18 the Director of National Intelligence as described in sec19 tions 3023 and 3024 of title 50, United States Code. 

20 (f) APPROPRIATE COMMITTEES OF CONGRESS.—In 

21 this section, the term ‘‘appropriate committees of Con22 gress’’ means— 

23 (1) the Committee on Commerce, Science, and 

24 Transportation of the Senate; and 


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1 (2) the Committee on Transportation and In2 frastructure of the House of Representatives. 

3 SEC. 285. TRANSFER AND CONVEYANCE. 

4 (a) IN GENERAL.— 

5 (1) REQUIREMENT.—The Commandant shall, 

6 without consideration, transfer in accordance with 

7 subsection (b) and convey in accordance with sub8 section (c) a parcel of the real property described in 

9 paragraph (2), including any improvements thereon, 

10 to free the Coast Guard of liability for any unfore11 seen environmental or remediation of substances un12 known that may exist on, or emanate from, such 

13 parcel. 

14 (2) PROPERTY.—The property described in this 

15 paragraph is real property at Dauphin Island, Ala16 bama, located at 100 Agassiz Street, and consisting 

17 of a total of approximately 35.63 acres. The exact 

18 acreage and legal description of the parcel of such 

19 property to be transferred or conveyed in accordance 

20 with subsection (b) or (c), respectively, shall be de21 termined by a survey satisfactory to the Com22 mandant. 

23 (b) TO THE SECRETARY OF HEALTH AND HUMAN

24 SERVICES.—The Commandant shall transfer, as described 

25 in subsection (a), to the Secretary of Health and Human 


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1 Services (in this section referred to as the ‘‘Secretary’’), 

2 for use by the Food and Drug Administration, custody 

3 and control of a portion, consisting of approximately 4 

4 acres, of the parcel of real property described in such sub5 section, to be identified by agreement between the Com6 mandant and the Secretary. 

7 (c) TO THE STATE OF ALABAMA.—The Commandant 

8 shall convey, as described in subsection (a), to the Marine 

9 Environmental Sciences Consortium, a unit of the govern10 ment of the State of Alabama, located at Dauphin Island, 

11 Alabama, all rights, title, and interest of the United States 

12 in and to such portion of the parcel described in such sub13 section that is not transferred to the Secretary under sub14 section (b). 

15 (d) PAYMENTS AND COSTS OF TRANSFER AND CON16 VEYANCE.— 

17 (1) PAYMENTS.— 

18 (A) IN GENERAL.—The Secretary shall pay 

19 costs to be incurred by the Coast Guard, or re20 imburse the Coast Guard for such costs in21 curred by the Coast Guard, to carry out the 

22 transfer and conveyance required by this sec23 tion, including survey costs, appraisal costs, 

24 costs for environmental documentation related 

25 to the transfer and conveyance, and any other 


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1 necessary administrative costs related to the 

2 transfer and conveyance. 

3 (B) FUNDS.—Notwithstanding section 780 

4 of division B of the Further Consolidated Ap5 propriations Act, 2020 (Public Law 116–94), 

6 any amounts that are made available to the 

7 Secretary under such section and not obligated 

8 on the date of enactment of this Act shall be 

9 available to the Secretary for the purpose de10 scribed in subparagraph (A). 

11 (2) TREATMENT OF AMOUNTS RECEIVED.— 

12 Amounts received by the Commandant as reimburse13 ment under paragraph (1) shall be credited to the 

14 Coast Guard Housing Fund established under sec15 tion 2946 of title 14, United States Code, or the ac16 count that was used to pay the costs incurred by the 

17 Coast Guard in carrying out the transfer or convey18 ance under this section, as determined by the Com19 mandant, and shall be made available until ex20 pended. Amounts so credited shall be merged with 

21 amounts in such fund or account and shall be avail22 able for the same purposes, and subject to the same 

23 conditions and limitations, as amounts in such fund 

24 or account. 


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1 SEC. 286. TRANSPARENCY AND OVERSIGHT. 

2 (a) NOTIFICATION.— 

3 (1) IN GENERAL.—Subject to subsection (b), 

4 the Secretary of the department in which the Coast 

5 Guard is operating, or the designee of the Secretary, 

6 shall notify the appropriate committees of Congress 

7 and the Coast Guard Office of Congressional and 

8 Governmental Affairs not later than 3 full business 

9 days before— 

10 (A) making or awarding a grant allocation 

11 or grant in excess of $1,000,000; 

12 (B) making or awarding a contract, other 

13 transaction agreement, or task or delivery order 

14 on a Coast Guard multiple award contract, or 

15 issuing a letter of intent totaling more than 

16 $4,000,000; 

17 (C) awarding a task or delivery order re18 quiring an obligation of funds in an amount 

19 greater than $10,000,000 from multi-year 

20 Coast Guard funds; 

21 (D) making a sole-source grant award; or 

22 (E) announcing publicly the intention to 

23 make or award an item described in subpara24 graph (A), (B), (C), or (D), including a con25 tract covered by the Federal Acquisition Regu26 lation. 


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1 (2) ELEMENT.—A notification under this sub2 section shall include— 

3 (A) the amount of the award; 

4 (B) the fiscal year for which the funds for 

5 the award were appropriated; 

6 (C) the type of contract; 

7 (D) an identification of the entity awarded 

8 the contract, such as the name and location of 

9 the entity; and 

10 (E) the account from which the funds are 

11 to be drawn. 

12 (b) EXCEPTION.—If the Secretary of the department 

13 in which the Coast Guard is operating determines that 

14 compliance with subsection (a) would pose a substantial 

15 risk to human life, health, or safety, the Secretary— 

16 (1) may make an award or issue a letter de17 scribed in that subsection without the notification 

18 required under that subsection; and 

19 (2) shall notify the appropriate committees of 

20 Congress not later than 5 full business days after 

21 such an award is made or letter issued. 

22 (c) APPLICABILITY.—Subsection (a) shall not apply 

23 to funds that are not available for obligation. 


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1 (d) APPROPRIATE COMMITTEES OF CONGRESS DE2 FINED.—In this section, the term ‘‘appropriate commit3 tees of Congress’’ means— 

4 (1) the Committee on Commerce, Science, and 

5 Transportation and the Committee on Appropria6 tions of the Senate; and 

7 (2) the Committee on Transportation and In8 frastructure and the Committee on Appropriations 

9 of the House of Representatives. 

10 SEC. 287. STUDY ON SAFETY INSPECTION PROGRAM FOR 

11 CONTAINERS AND FACILITIES. 

12 (a) IN GENERAL.—Not later than 1 year after the 

13 date of the enactment of this Act, the Commandant, in 

14 consultation with the Commissioner of U.S. Customs and 

15 Border Protection, shall complete a study on the safety 

16 inspection program for containers (as defined in section 

17 80501 of title 46, United States Code) and designated wa18 terfront facilities receiving containers. 

19 (b) ELEMENTS.—The study required by subsection 

20 (a) shall include the following: 

21 (1) An evaluation and review of such safety in22 spection program. 

23 (2) A determination of— 

24 (A) the number of container inspections 

25 conducted annually by the Coast Guard during 


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1 the preceding 10-year period, as compared to 

2 the number of containers moved through United 

3 States ports annually during such period; and 

4 (B) the number of qualified Coast Guard 

5 container and facility inspectors, and an assess6 ment as to whether, during the preceding 10- 

7 year period, there have been a sufficient num8 ber of such inspectors to carry out the mission 

9 of the Coast Guard. 

10 (3) An evaluation of the training programs 

11 available to such inspectors and the adequacy of 

12 such training programs during the preceding 10-year 

13 period. 

14 (4) An assessment as to whether such training 

15 programs adequately prepare future leaders for lead16 ership positions in the Coast Guard. 

17 (5) An identification of areas of improvement 

18 for such program in the interest of commerce and 

19 national security, and the costs associated with such 

20 improvements. 

21 (c) REPORT TO CONGRESS.—Not later than 180 days 

22 after the date of the enactment of this Act, the Com23 mandant shall submit to the Committee on Commerce, 

24 Science, and Transportation of the Senate and the Com25 mittee on Transportation and Infrastructure of the House 


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1 of Representatives a report on the findings of the study 

2 required by subsection (a), including the personnel and re3 source requirements necessary for such program. 

4 TITLE III—ENVIRONMENT 

5 SEC. 301. DEFINITION OF SECRETARY. 

6 Except as otherwise specifically provided, in this title, 

7 the term ‘‘Secretary’’ means the Secretary of the depart8 ment in which the Coast Guard is operating. 

9 Subtitle A—Marine Mammals 

10 SEC. 311. DEFINITIONS. 

11 In this subtitle: 

12 (1) APPROPRIATE CONGRESSIONAL COMMIT13 TEES.—The term ‘‘appropriate congressional com14 mittees’’ means— 

15 (A) the Committee on Commerce, Science, 

16 and Transportation of the Senate; and 

17 (B) the Committee on Transportation and 

18 Infrastructure and the Committee on Natural 

19 Resources of the House of Representatives. 

20 (2) CORE FORAGING HABITATS.—The term 

21 ‘‘core foraging habitats’’ means areas— 

22 (A) with biological and physical oceano23 graphic features that aggregate Calanus 

24 finmarchicus; and 


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1 (B) where North Atlantic right whales for2 aging aggregations have been well documented. 

3 (3) EXCLUSIVE ECONOMIC ZONE.—The term 

4 ‘‘exclusive economic zone’’ has the meaning given 

5 that term in section 107 of title 46, United States 

6 Code. 

7 (4) INSTITUTION OF HIGHER EDUCATION.—The 

8 term ‘‘institution of higher education’’ has the 

9 meaning given that term in section 101(a) of the 

10 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

11 (5) LARGE CETACEAN.—The term ‘‘large ceta12 cean’’ means all endangered or threatened species 

13 within— 

14 (A) the suborder Mysticeti; 

15 (B) the genera Physeter; or 

16 (C) the genera Orcinus. 

17 (6) NEAR REAL-TIME.—The term ‘‘near real18 time’’, with respect to monitoring of whales, means 

19 that visual, acoustic, or other detections of whales 

20 are transmitted and reported as soon as technically 

21 feasible after such detections have occurred. 

22 (7) NONPROFIT ORGANIZATION.—The term 

23 ‘‘nonprofit organization’’ means an organization that 

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1 enue Code of 1986 and exempt from tax under sec2 tion 501(a) of such Code. 

3 (8) PUGET SOUND REGION.—The term ‘‘Puget 

4 Sound region’’ means the Vessel Traffic Service 

5 Puget Sound area described in section 161.55 of 

6 title 33, Code of Federal Regulations (as of the date 

7 of the enactment of this Act). 

8 (9) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

9 government’’ means the recognized governing body 

10 of any Indian or Alaska Native Tribe, band, nation, 

11 pueblo, village, community, component band, or com12 ponent reservation, individually identified (including 

13 parenthetically) in the list published most recently as 

14 of the date of the enactment of this Act pursuant to 

15 section 104 of the Federally Recognized Indian 

16 Tribe List Act of 1994 (25 U.S.C. 5131). 

17 (10) UNDER SECRETARY.—The term ‘‘Under 

18 Secretary’’ means the Under Secretary of Commerce 

19 for Oceans and Atmosphere. 

20 SEC. 312. ASSISTANCE TO PORTS TO REDUCE THE IMPACTS 

21 OF VESSEL TRAFFIC AND PORT OPERATIONS 

22 ON MARINE MAMMALS. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 date of the enactment of this Act, the Under Secretary, 

25 in consultation with the Director of the United States Fish 


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1 and Wildlife Service, the Secretary, the Secretary of De2 fense, and the Administrator of the Maritime Administra3 tion, shall establish a grant program to provide assistance 

4 to eligible entities to develop and implement mitigation 

5 measures that will lead to a quantifiable reduction in 

6 threats to marine mammals from shipping activities and 

7 port operations. 

8 (b) ELIGIBLE ENTITIES.—An entity is an eligible en9 tity for purposes of assistance awarded under subsection 

10 (a) if the entity is— 

11 (1) a port authority for a port; 

12 (2) a State, regional, local, or Tribal govern13 ment, or an Alaska Native or Native Hawaiian enti14 ty that has jurisdiction over a maritime port author15 ity or a port; 

16 (3) an academic institution, research institu17 tion, or nonprofit organization working in partner18 ship with a port; or 

19 (4) a consortium of entities described in para20 graphs (1), (2), and (3). 

21 (c) ELIGIBLE USES.—Assistance awarded under sub22 section (a) may be used to develop, assess, and carry out 

23 activities that reduce threats to marine mammals by— 

24 (1) reducing underwater stressors related to 

25 marine traffic; 


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1 (2) reducing mortality and serious injury from 

2 vessel strikes and other physical disturbances; 

3 (3) monitoring sound; 

4 (4) reducing vessel interactions with marine 

5 mammals; 

6 (5) conducting other types of monitoring that 

7 are consistent with reducing the threats to, and en8 hancing the habitats of, marine mammals; or 

9 (6) supporting State agencies and Tribal gov10 ernments in developing the capacity to receive assist11 ance under this section through education, training, 

12 information sharing, and collaboration to participate 

13 in the grant program under this section. 

14 (d) PRIORITY.—The Under Secretary shall prioritize 

15 assistance under subsection (a) for projects that— 

16 (1) are based on the best available science with 

17 respect to methods to reduce threats to marine 

18 mammals; 

19 (2) collect data on the reduction of such threats 

20 and the effects of such methods; 

21 (3) assist ports that pose a higher relative 

22 threat to marine mammals listed as threatened or 

23 endangered under the Endangered Species Act of 

24 1973 (16 U.S.C. 1531 et seq.); 


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1 (4) are in close proximity to areas in which 

2 threatened or endangered cetaceans are known to 

3 experience other stressors; or 

4 (5) allow eligible entities to conduct risk assess5 ments and to track progress toward threat reduc6 tion. 

7 (e) OUTREACH.—The Under Secretary, in coordina8 tion with the Secretary, the Administrator of the Maritime 

9 Administration, and the Director of the United States 

10 Fish and Wildlife Service, as appropriate, shall conduct 

11 coordinated outreach to ports to provide information with 

12 respect to— 

13 (1) how to apply for assistance under sub14 section (a); 

15 (2) the benefits of such assistance; and 

16 (3) facilitation of best practices and lessons, in17 cluding the best practices and lessons learned from 

18 activities carried out using such assistance. 

19 (f) REPORT REQUIRED.—Not less frequently than 

20 annually, the Under Secretary shall make available to the 

21 public on a publicly accessible internet website of the Na22 tional Oceanic and Atmospheric Administration a report 

23 that includes the following information: 


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1 (1) The name and location of each entity to 

2 which assistance was awarded under subsection (a) 

3 during the year preceding submission of the report. 

4 (2) The amount of each such award. 

5 (3) A description of the activities carried out 

6 with each such award. 

7 (4) An estimate of the likely impact of such ac8 tivities on the reduction of threats to marine mam9 mals. 

10 (g) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) IN GENERAL.—There is authorized to be 

12 appropriated to the Under Secretary to carry out 

13 this section $10,000,000 for each of fiscal years 

14 2023 through 2028. 

15 (2) AVAILABILITY.—Amounts appropriated pur16 suant to the authorization of appropriations under 

17 paragraph (1) shall remain available until expended. 

18 (h) SAVINGS CLAUSE.—An activity may not be car19 ried out under this section if the Secretary of Defense, 

20 in consultation with the Under Secretary, determines that 

21 the activity would negatively impact the defense readiness 

22 or the national security of the United States. 


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1 SEC. 313. NEAR REAL-TIME MONITORING AND MITIGATION 

2 PROGRAM FOR LARGE CETACEANS. 

3 (a) ESTABLISHMENT.—The Under Secretary for 

4 Commerce for Oceans and Atmosphere, in coordination 

5 with the heads of other relevant Federal agencies, shall 

6 design and deploy a cost-effective, efficient, and results7 oriented near real-time monitoring and mitigation pro8 gram for endangered or threatened cetaceans (referred to 

9 in this section as the ‘‘Program’’). 

10 (b) PURPOSE.—The purpose of the Program shall be 

11 to reduce the risk to large cetaceans posed by vessel colli12 sions, and to minimize other impacts on large cetaceans, 

13 through the use of near real-time location monitoring and 

14 location information. 

15 (c) REQUIREMENTS.—The Program shall— 

16 (1) prioritize species of large cetaceans for 

17 which impacts from vessel collisions are of particular 

18 concern; 

19 (2) prioritize areas where such impacts are of 

20 particular concern; 

21 (3) be capable of detecting and alerting ocean 

22 users and enforcement agencies of the probable loca23 tion of large cetaceans on an actionable real-time 

24 basis, including through real-time data whenever 

25 possible; 


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1 (4) inform sector-specific mitigation protocols 

2 to effectively reduce takes (as defined in section 

3 216.3 of title 50, Code of Federal Regulations, or 

4 successor regulations) of large cetaceans; 

5 (5) integrate technology improvements; and 

6 (6) be informed by technologies, monitoring 

7 methods, and mitigation protocols developed under 

8 the pilot project required by subsection (d). 

9 (d) PILOT PROJECT.— 

10 (1) ESTABLISHMENT.—In carrying out the Pro11 gram, the Under Secretary shall first establish a 

12 pilot monitoring and mitigation project for North 

13 Atlantic right whales (referred to in this section as 

14 the ‘‘pilot project’’) for the purposes of informing 

15 the Program. 

16 (2) REQUIREMENTS.—In designing and deploy17 ing the pilot project, the Under Secretary, in coordi18 nation with the heads of other relevant Federal 

19 agencies, shall, using the best available scientific in20 formation, identify and ensure coverage of— 

21 (A) core foraging habitats; and 

22 (B) important feeding, breeding, calving, 

23 rearing, or migratory habitats of North Atlantic 

24 right whales that co-occur with areas of high 

25 risk of mortality or serious injury of such 


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1 whales from vessels, vessel strikes, or disturb2 ance. 

3 (3) COMPONENTS.—Not later than 3 years 

4 after the date of the enactment of this Act, the 

5 Under Secretary, in consultation with relevant Fed6 eral agencies and Tribal governments, and with 

7 input from affected stakeholders, shall design and 

8 deploy a near real-time monitoring system for North 

9 Atlantic right whales that— 

10 (A) comprises the best available detection 

11 power, spatial coverage, and survey effort to de12 tect and localize North Atlantic right whales 

13 within core foraging habitats; 

14 (B) is capable of detecting North Atlantic 

15 right whales, including visually and acoustically; 

16 (C) uses dynamic habitat suitability models 

17 to inform the likelihood of North Atlantic right 

18 whale occurrence in core foraging habitat at 

19 any given time; 

20 (D) coordinates with the Integrated Ocean 

21 Observing System of the National Oceanic and 

22 Atmospheric Administration and Regional 

23 Ocean Partnerships to leverage monitoring as24 sets; 

25 (E) integrates historical data; 


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1 (F) integrates new near real-time moni2 toring methods and technologies as such meth3 ods and technologies become available; 

4 (G) accurately verifies and rapidly commu5 nicates detection data to appropriate ocean 

6 users; 

7 (H) creates standards for contributing, 

8 and allows ocean users to contribute, data to 

9 the monitoring system using comparable near 

10 real-time monitoring methods and technologies; 

11 (I) communicates the risks of injury to 

12 large cetaceans to ocean users in a manner that 

13 is most likely to result in informed decision14 making regarding the mitigation of those risks; 

15 and 

16 (J) minimizes additional stressors to large 

17 cetaceans as a result of the information avail18 able to ocean users. 

19 (4) REPORTS.— 

20 (A) PRELIMINARY REPORT.— 

21 (i) IN GENERAL.—Not later than 2 

22 years after the date of the enactment of 

23 this Act, the Under Secretary shall submit 

24 to the Committee on Commerce, Science, 

25 and Transportation of the Senate and the 


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1 Committee on Natural Resources of the 

2 House of Representatives, and make avail3 able to the public, a preliminary report on 

4 the pilot project. 

5 (ii) ELEMENTS.—The report required 

6 by clause (i) shall include the following: 

7 (I) A description of the moni8 toring methods and technology in use 

9 or planned for deployment under the 

10 pilot project. 

11 (II) An analysis of the efficacy of 

12 the methods and technology in use or 

13 planned for deployment for detecting 

14 North Atlantic right whales. 

15 (III) An assessment of the man16 ner in which the monitoring system 

17 designed and deployed under para18 graph (3) is directly informing and 

19 improving the management, health, 

20 and survival of North Atlantic right 

21 whales. 

22 (IV) A prioritized identification 

23 of technology or research gaps. 

24 (V) A plan to communicate the 

25 risks of injury to large cetaceans to 


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1 ocean users in a manner that is most 

2 likely to result in informed decision 

3 making regarding the mitigation of 

4 such risks. 

5 (VI) Any other information on 

6 the potential benefits and efficacy of 

7 the pilot project the Under Secretary 

8 considers appropriate. 

9 (B) FINAL REPORT.— 

10 (i) IN GENERAL.—Not later than 6 

11 years after the date of the enactment of 

12 this Act, the Under Secretary, in coordina13 tion with the heads of other relevant Fed14 eral agencies, shall submit to the Com15 mittee on Commerce, Science, and Trans16 portation of the Senate and the Committee 

17 on Natural Resources of the House of Rep18 resentatives, and make available to the 

19 public, a final report on the pilot project. 

20 (ii) ELEMENTS.—The report required 

21 by clause (i) shall— 

22 (I) address the elements under 

23 subparagraph (A)(ii); and 

24 (II) include— 


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1 (aa) an assessment of the 

2 benefits and efficacy of the pilot 

3 project; 

4 (bb) a strategic plan to ex5 pand the pilot project to provide 

6 near real-time monitoring and 

7 mitigation measures— 

8 (AA) to additional large 

9 cetaceans of concern for 

10 which such measures would 

11 reduce risk of serious injury 

12 or death; and 

13 (BB) in important feed14 ing, breeding, calving, 

15 rearing, or migratory habi16 tats of large cetaceans that 

17 co-occur with areas of high 

18 risk of mortality or serious 

19 injury from vessel strikes or 

20 disturbance; 

21 (cc) a budget and descrip22 tion of funds necessary to carry 

23 out such strategic plan; 

24 (dd) a prioritized plan for 

25 acquisition, deployment, and 


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1 maintenance of monitoring tech2 nologies; and 

3 (ee) the locations or species 

4 to which such plan would apply. 

5 (e) MITIGATION PROTOCOLS.—The Under Secretary, 

6 in consultation with the Secretary, the Secretary of De7 fense, the Secretary of Transportation, and the Secretary 

8 of the Interior, and with input from affected stakeholders, 

9 shall develop and deploy mitigation protocols that make 

10 use of the monitoring system designed and deployed under 

11 subsection (d)(3) to direct sector-specific mitigation meas12 ures that avoid and significantly reduce risk of serious in13 jury and mortality to North Atlantic right whales. 

14 (f) ACCESS TO DATA.—The Under Secretary shall 

15 provide access to data generated by the monitoring system 

16 designed and deployed under subsection (d)(3) for pur17 poses of scientific research and evaluation and public 

18 awareness and education, including through the Right 

19 Whale Sighting Advisory System of the National Oceanic 

20 and Atmospheric Administration and WhaleMap or other 

21 successor public internet website portals, subject to review 

22 for national security considerations. 

23 (g) ADDITIONAL AUTHORITY.—The Under Secretary 

24 may enter into and perform such contracts, leases, grants, 

25 or cooperative agreements as may be necessary to carry 


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1 out the purposes of this section on such terms as the 

2 Under Secretary considers appropriate, consistent with 

3 the Federal Acquisition Regulation. 

4 (h) SAVINGS CLAUSE.—An activity may not be car5 ried out under this section if the Secretary of Defense, 

6 in consultation with the Under Secretary, determines that 

7 the activity would negatively impact the defense readiness 

8 or the national security of the United States. 

9 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to the Under Secretary to 

11 support development, deployment, application, and ongo12 ing maintenance of the Program $5,000,000 for each of 

13 fiscal years 2023 through 2027. 

14 SEC. 314. PILOT PROGRAM TO ESTABLISH A CETACEAN 

15 DESK FOR PUGET SOUND REGION. 

16 (a) ESTABLISHMENT.— 

17 (1) IN GENERAL.—Not later than 1 year after 

18 the date of the enactment of this Act, the Secretary, 

19 with the concurrence of the Under Secretary, shall 

20 establish a pilot program to establish a Cetacean 

21 Desk, which shall be— 

22 (A) located and manned within the Puget 

23 Sound Vessel Traffic Service; and 

24 (B) designed— 


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1 (i) to improve coordination with the 

2 maritime industry to reduce the risk of 

3 vessel impacts to large cetaceans, including 

4 impacts from vessel strikes, disturbances, 

5 and other sources; and 

6 (ii) to monitor the presence and loca7 tion of large cetaceans during the months 

8 during which such large cetaceans are 

9 present in Puget Sound, the Strait of Juan 

10 de Fuca, and the United States portion of 

11 the Salish Sea. 

12 (2) DURATION AND STAFFING.—The pilot pro13 gram required by paragraph (1)— 

14 (A) shall— 

15 (i) be for a duration of 4 years; and 

16 (ii) require not more than 1 full-time 

17 equivalent position, who shall also con18 tribute to other necessary Puget Sound 

19 Vessel Traffic Service duties and respon20 sibilities as needed; and 

21 (B) may be supported by other existing 

22 Federal employees, as appropriate. 

23 (b) ENGAGEMENT WITH VESSEL OPERATORS.— 

24 (1) IN GENERAL.—Under the pilot program re25 quired by subsection (a), the Secretary shall require 


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1 personnel of the Cetacean Desk to engage with ves2 sel operators in areas where large cetaceans have 

3 been seen or could reasonably be present to ensure 

4 compliance with applicable laws, regulations, and 

5 voluntary guidance, to reduce the impact of vessel 

6 traffic on large cetaceans. 

7 (2) CONTENTS.—In engaging with vessel opera8 tors as required by paragraph (1), personnel of the 

9 Cetacean Desk shall communicate where and when 

10 sightings of large cetaceans have occurred. 

11 (c) MEMORANDUM OF UNDERSTANDING.—The Sec12 retary and the Under Secretary may enter into a memo13 randum of understanding to facilitate real-time sharing of 

14 data relating to large cetaceans between the Quiet Sound 

15 program of the State of Washington, the National Oceanic 

16 and Atmospheric Administration, and the Puget Sound 

17 Vessel Traffic Service, and other relevant entities, as ap18 propriate. 

19 (d) DATA.—The Under Secretary shall leverage exist20 ing data collection methods, the pilot project required by 

21 section 313, and public data to ensure accurate and timely 

22 information on the sighting of large cetaceans. 

23 (e) CONSULTATIONS.— 

24 (1) IN GENERAL.—In carrying out the pilot 

25 program required by subsection (a), the Secretary 


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1 shall consult with Tribal governments, the State of 

2 Washington, institutions of higher education, the 

3 maritime industry, ports in the Puget Sound region, 

4 and nongovernmental organizations. 

5 (2) COORDINATION WITH CANADA.—When ap6 propriate, the Secretary shall coordinate with the 

7 Government of Canada, consistent with policies and 

8 agreements relating to management of vessel traffic 

9 in Puget Sound. 

10 (f) PUGET SOUND VESSEL TRAFFIC SERVICE LOCAL

11 VARIANCE AND POLICY.—The Secretary, with the concur12 rence of the Under Secretary and in consultation with the 

13 Captain of the Port for the Puget Sound region— 

14 (1) shall implement local variances, as author15 ized by subsection (c) of section 70001 of title 46, 

16 United States Code, to reduce the impact of vessel 

17 traffic on large cetaceans; and 

18 (2) may enter into cooperative agreements, in 

19 accordance with subsection (d) of that section, with 

20 Federal, State, and local officials to reduce the like21 lihood of vessel interactions with protected large 

22 cetaceans, which may include— 

23 (A) communicating marine mammal pro24 tection guidance to vessels; 


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1 (B) training on requirements imposed by 

2 local, State, Tribal, and Federal laws and regu3 lations and guidelines concerning— 

4 (i) vessel buffer zones; 

5 (ii) vessel speed; 

6 (iii) seasonal no-go zones for vessels; 

7 (iv) protected areas, including areas 

8 designated as critical habitat, as applicable 

9 to marine operations; and 

10 (v) any other activities to reduce the 

11 direct and indirect impact of vessel traffic 

12 on large cetaceans; 

13 (C) training to understand, utilize, and 

14 communicate large cetacean location data; and 

15 (D) training to understand and commu16 nicate basic large cetacean detection, identifica17 tion, and behavior, including— 

18 (i) cues of the presence of large 

19 cetaceans such as spouts, water disturb20 ances, breaches, or presence of prey; 

21 (ii) important feeding, breeding, 

22 calving, and rearing habitats that co-occur 

23 with areas of high risk of vessel strikes; 


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1 (iii) seasonal large cetacean migration 

2 routes that co-occur with areas of high risk 

3 of vessel strikes; and 

4 (iv) areas designated as critical habi5 tat for large cetaceans. 

6 (g) REPORT REQUIRED.—Not later than 1 year after 

7 the date of the enactment of this Act, and every 2 years 

8 thereafter for the duration of the pilot program under this 

9 section, the Commandant, in coordination with the Under 

10 Secretary and the Administrator of the Maritime Adminis11 tration, shall submit to the appropriate congressional com12 mittees a report that— 

13 (1) evaluates the functionality, utility, reli14 ability, responsiveness, and operational status of the 

15 Cetacean Desk established under the pilot program 

16 required by subsection (a), including a quantification 

17 of reductions in vessel strikes to large cetaceans as 

18 a result of the pilot program; 

19 (2) assesses the efficacy of communication be20 tween the Cetacean Desk and the maritime industry 

21 and provides recommendations for improvements; 

22 (3) evaluates the integration and interoper23 ability of existing data collection methods, as well as 

24 public data, into the Cetacean Desk operations; 


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1 (4) assesses the efficacy of collaboration and 

2 stakeholder engagement with Tribal governments, 

3 the State of Washington, institutions of higher edu4 cation, the maritime industry, ports in the Puget 

5 Sound region, and nongovernmental organizations; 

6 and 

7 (5) evaluates the progress, performance, and 

8 implementation of guidance and training procedures 

9 for Puget Sound Vessel Traffic Service personnel, as 

10 required by subsection (f). 

11 SEC. 315. MONITORING OCEAN SOUNDSCAPES. 

12 (a) IN GENERAL.—The Under Secretary shall main13 tain and expand an ocean soundscape development pro14 gram— 

15 (1) to award grants to expand the deployment 

16 of Federal and non-Federal observing and data man17 agement systems capable of collecting measurements 

18 of underwater sound for purposes of monitoring and 

19 analyzing baselines and trends in the underwater 

20 soundscape to protect and manage marine life; 

21 (2) to continue to develop and apply standard22 ized forms of measurements to assess sounds pro23 duced by marine animals, physical processes, and 

24 anthropogenic activities; and 


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1 (3) after coordinating with the Secretary of De2 fense, to coordinate and make accessible to the pub3 lic the datasets, modeling and analysis, and user4 driven products and tools resulting from observa5 tions of underwater sound funded through grants 

6 awarded under paragraph (1). 

7 (b) COORDINATION.—The program described in sub8 section (a) shall— 

9 (1) include the Ocean Noise Reference Station 

10 Network of the National Oceanic and Atmospheric 

11 Administration and the National Park Service; 

12 (2) use and coordinate with the Integrated 

13 Ocean Observing System; and 

14 (3) coordinate with the Regional Ocean Part15 nerships and the Director of the United States Fish 

16 and Wildlife Service, as appropriate. 

17 (c) PRIORITY.—In awarding grants under subsection 

18 (a), the Under Secretary shall consider the geographic di19 versity of the recipients of such grants. 

20 (d) SAVINGS CLAUSE.—An activity may not be car21 ried out under this section if the Secretary of Defense, 

22 in consultation with the Under Secretary, determines that 

23 the activity would negatively impact the defense readiness 

24 or the national security of the United States. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated $1,500,000 for each of fis3 cal years 2023 through 2028 to carry out this section. 

4 Subtitle B—Oil Spills 

5 SEC. 321. IMPROVING OIL SPILL PREPAREDNESS. 

6 The Under Secretary of Commerce for Oceans and 

7 Atmosphere shall include in the Automated Data Inquiry 

8 for Oil Spills database (or a successor database) used by 

9 National Oceanic and Atmospheric Administration oil 

10 weathering models new data, including peer-reviewed data, 

11 on properties of crude and refined oils, including data on 

12 diluted bitumen, as such data becomes publicly available. 

13 SEC. 322. WESTERN ALASKA OIL SPILL PLANNING CRI14 TERIA. 

15 (a) ALASKA OIL SPILL PLANNING CRITERIA PRO16 GRAM.— 

17 (1) IN GENERAL.—Chapter 3 of title 14, United 

18 States Code, is amended by adding at the end the 

19 following: 

20 ‘‘§ 323. Western Alaska Oil Spill Planning Criteria 

21 Program 

22 ‘‘(a) ESTABLISHMENT.—There is established within 

23 the Coast Guard a Western Alaska Oil Spill Planning Cri24 teria Program (referred to in this section as the ‘ProVerDate Sep 11 2014 18:03 Sep 13, 2022 Jkt 029200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S4802.IS S4802

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1 gram’) to develop and administer the Western Alaska oil 

2 spill planning criteria. 

3 ‘‘(b) PROGRAM MANAGER.— 

4 ‘‘(1) IN GENERAL.—Not later than 1 year after 

5 the date of the enactment of this section, the Com6 mandant shall select a permanent civilian career em7 ployee through a competitive search process for a 

8 term not less than 5 years to serve as the Western 

9 Alaska Oil Spill Criteria Program Manager (referred 

10 to in this section as the ‘Program Manager’)— 

11 ‘‘(A) the primary duty of whom shall be to 

12 administer the Program; and 

13 ‘‘(B) who shall not be subject to frequent 

14 or routine reassignment. 

15 ‘‘(2) CONFLICTS OF INTEREST.—The individual 

16 selected to serve as the Program Manager shall not 

17 have conflicts of interest relating to entities regu18 lated by the Coast Guard. 

19 ‘‘(3) DUTIES.— 

20 ‘‘(A) DEVELOPMENT OF GUIDANCE.—The 

21 Program Manager shall develop guidance for— 

22 ‘‘(i) approval, drills, and testing relat23 ing to the Western Alaska oil spill plan24 ning criteria; and 


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1 ‘‘(ii) gathering input concerning such 

2 planning criteria from Federal agencies, 

3 State, local, and Tribal governments, and 

4 relevant industry and nongovernmental en5 tities. 

6 ‘‘(B) ASSESSMENTS.—Not less frequently 

7 than once every 5 years, the Program Manager 

8 shall— 

9 ‘‘(i) assess whether such existing plan10 ning criteria adequately meet the needs of 

11 vessels operating in the geographic area; 

12 and 

13 ‘‘(ii) identify methods for advancing 

14 response capability so as to achieve, with 

15 respect to a vessel, compliance with na16 tional planning criteria. 

17 ‘‘(C) ONSITE VERIFICATIONS.—The Pro18 gram Manager shall address the relatively small 

19 number and limited nature of verifications of 

20 response capabilities for vessel response plans 

21 by increasing, within the Seventeenth Coast 

22 Guard District, the quantity and frequency of 

23 onsite verifications of the providers identified in 

24 vessel response plans. 


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1 ‘‘(c) TRAINING.—The Commandant shall enhance the 

2 knowledge and proficiency of Coast Guard personnel with 

3 respect to the Program by— 

4 ‘‘(1) developing formalized training on the Pro5 gram that, at a minimum— 

6 ‘‘(A) provides in-depth analysis of— 

7 ‘‘(i) the national planning criteria de8 scribed in part 155 of title 33, Code of 

9 Federal Regulations (or successor regula10 tions); 

11 ‘‘(ii) alternative planning criteria; 

12 ‘‘(iii) Western Alaska oil spill plan13 ning criteria; 

14 ‘‘(iv) Captain of the Port and Federal 

15 On-Scene Coordinator authorities related 

16 to activation of a vessel response plan; 

17 ‘‘(v) the responsibilities of vessel own18 ers and operators in preparing a vessel re19 sponse plan for submission; and 

20 ‘‘(vi) responsibilities of the Area Com21 mittee, including risk analysis, response 

22 capability, and development of alternative 

23 planning criteria; 

24 ‘‘(B) explains the approval processes of 

25 vessel response plans that involve alternative 


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1 planning criteria or Western Alaska oil spill 

2 planning criteria; and 

3 ‘‘(C) provides instruction on the processes 

4 involved in carrying out the actions described in 

5 paragraphs (9)(D) and (9)(F) of section 311(j) 

6 of the Federal Water Pollution Control Act (33 

7 U.S.C. 1321(j)), including instruction on car8 rying out such actions— 

9 ‘‘(i) in any geographic area in the 

10 United States; and 

11 ‘‘(ii) specifically in the Seventeenth 

12 Coast Guard District; and 

13 ‘‘(2) providing such training to all Coast Guard 

14 personnel involved in the Program. 

15 ‘‘(d) DEFINITIONS.—In this section: 

16 ‘‘(1) ALTERNATIVE PLANNING CRITERIA.—The 

17 term ‘alternative planning criteria’ means criteria 

18 submitted under section 155.1065 or 155.5067 of 

19 title 33, Code of Federal Regulations (or successor 

20 regulations), for vessel response plans. 

21 ‘‘(2) TRIBAL.—The term ‘Tribal’ means of or 

22 pertaining to an Indian Tribe or a Tribal organiza23 tion (as those terms are defined in section 4 of the 

24 Indian Self-Determination and Education Assistance 

25 Act (25 U.S.C. 5304)). 


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1 ‘‘(3) VESSEL RESPONSE PLAN.—The term ‘ves2 sel response plan’ means a plan required to be sub3 mitted by the owner or operator of a tank vessel or 

4 a nontank vessel under regulations issued by the 

5 President under section 311(j)(5) of the Federal 

6 Water Pollution Control Act (33 U.S.C. 1321(j)(5)). 

7 ‘‘(4) WESTERN ALASKA OIL SPILL PLANNING

8 CRITERIA.—The term ‘Western Alaska oil spill plan9 ning criteria’ means the criteria required under 

10 paragraph (9) of section 311(j) of the Federal 

11 Water Pollution Control Act (33 U.S.C. 1321(j)).’’. 

12 (2) CLERICAL AMENDMENT.—The analysis for 

13 chapter 3 of title 14, United States Code, is amend14 ed by adding at the end the following: 

‘‘323. Western Alaska Oil Spill Planning Criteria Program.’’. 

15 (b) WESTERN ALASKA OIL SPILL PLANNING CRI16 TERIA.— 

17 (1) AMENDMENT.—Section 311(j) of the Fed18 eral Water Pollution Control Act (33 U.S.C. 

19 1321(j)) is amended by adding at the end the fol20 lowing: 

21 ‘‘(9) ALTERNATIVE PLANNING CRITERIA PRO22 GRAM.— 

23 ‘‘(A) DEFINITIONS.—In this paragraph: 

24 ‘‘(i) ALTERNATIVE PLANNING CRI25 TERIA.—The term ‘alternative planning 


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1 criteria’ means criteria submitted under 

2 section 155.1065 or 155.5067 of title 33, 

3 Code of Federal Regulations (or successor 

4 regulations), for vessel response plans. 

5 ‘‘(ii) PRINCE WILLIAM SOUND CAP6 TAIN OF THE PORT ZONE.—The term 

7 ‘Prince William Sound Captain of the Port 

8 Zone’ means the area described in section 

9 3.85–15(b) of title 33, Code of Federal 

10 Regulations (or successor regulations). 

11 ‘‘(iii) SECRETARY.—The term ‘Sec12 retary’ means the Secretary of the Depart13 ment in which the Coast Guard is oper14 ating. 

15 ‘‘(iv) TRIBAL.—The term ‘Tribal’ 

16 means of or pertaining to an Indian Tribe 

17 or a Tribal organization (as those terms 

18 are defined in section 4 of the Indian Self19 Determination and Education Assistance 

20 Act (25 U.S.C. 5304)). 

21 ‘‘(v) VESSEL RESPONSE PLAN.—The 

22 term ‘vessel response plan’ means a plan 

23 required to be submitted by the owner or 

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1 sel under regulations issued by the Presi2 dent under paragraph (5). 

3 ‘‘(vi) WESTERN ALASKA CAPTAIN OF

4 THE PORT ZONE.—The term ‘Western 

5 Alaska Captain of the Port Zone’ means 

6 the area described in section 3.85–15(a) of 

7 title 33, Code of Federal Regulations (as 

8 in effect on the date of enactment of this 

9 paragraph). 

10 ‘‘(B) REQUIREMENT.—Except as provided 

11 in subparagraph (I), for any part of the area of 

12 responsibility of the Western Alaska Captain of 

13 the Port Zone or the Prince William Sound 

14 Captain of the Port Zone in which the Sec15 retary has determined that the national plan16 ning criteria established pursuant to this sub17 section are inappropriate for a vessel operating 

18 in that area, a response plan required under 

19 paragraph (5) with respect to a discharge of oil 

20 for such a vessel shall comply with the planning 

21 criteria established under subparagraph (D)(i). 

22 ‘‘(C) RELATION TO NATIONAL PLANNING

23 CRITERIA.—The planning criteria established 

24 under subparagraph (D)(i) shall, with respect 

25 to a discharge of oil from a vessel described in 


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1 subparagraph (B), apply in lieu of any alter2 native planning criteria accepted for vessels op3 erating in that area prior to the date on which 

4 the planning criteria under subparagraph (D)(i) 

5 are established. 

6 ‘‘(D) ESTABLISHMENT OF PLANNING CRI7 TERIA.—The President, acting through the 

8 Commandant in consultation with the Western 

9 Alaska Oil Spill Criteria Program Manager es10 tablished under section 323 of title 14, United 

11 States Code, shall establish— 

12 ‘‘(i) Alaska oil spill planning criteria 

13 for a worst case discharge of oil, and a 

14 substantial threat of such a discharge, 

15 within any part of the area of responsi16 bility of the Western Alaska Captain of the 

17 Port Zone or Prince William Sound Cap18 tain of the Port Zone in which the Sec19 retary has determined that the national 

20 planning criteria established pursuant to 

21 this subsection are inappropriate for a ves22 sel operating in that area; and 

23 ‘‘(ii) standardized submission, review, 

24 approval, and compliance verification proc25 esses for the planning criteria established 


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1 under clause (i), including the quantity 

2 and frequency of drills and on-site 

3 verifications of vessel response plans ac4 cepted pursuant to those planning criteria. 

5 ‘‘(E) INCLUSIONS.— 

6 ‘‘(i) IN GENERAL.—The Western 

7 Alaska oil spill planning criteria estab8 lished under subparagraph (D)(i) shall in9 clude planning criteria for the following: 

10 ‘‘(I) Mechanical oil spill response 

11 resources that are required to be lo12 cated within that area. 

13 ‘‘(II) Response times for mobili14 zation of oil spill response resources 

15 and arrival on the scene of a worst 

16 case discharge of oil, or substantial 

17 threat of such a discharge, occurring 

18 within that area. 

19 ‘‘(III) Pre-identified vessels for 

20 oil spill response that are capable of 

21 operating in the ocean environment. 

22 ‘‘(IV) Ensuring the availability of 

23 at least 1 oil spill removal organiza24 tion that is classified by the Coast 

25 Guard and that— 


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1 ‘‘(aa) is capable of respond2 ing in all operating environments 

3 in that area; 

4 ‘‘(bb) controls oil spill re5 sponse resources of dedicated and 

6 nondedicated resources within 

7 that area, through ownership, 

8 contracts, agreements, or other 

9 means approved by the Presi10 dent, sufficient— 

11 ‘‘(AA) to mobilize and 

12 sustain a response to a 

13 worst case discharge of oil; 

14 and 

15 ‘‘(BB) to contain, re16 cover, and temporarily store 

17 discharged oil; 

18 ‘‘(cc) has pre-positioned oil 

19 spill response resources in stra20 tegic locations throughout that 

21 area in a manner that ensures 

22 the ability to support response 

23 personnel, marine operations, air 

24 cargo, or other related logistics 

25 infrastructure; 


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1 ‘‘(dd) has temporary storage 

2 capability using both dedicated 

3 and non-dedicated assets located 

4 within that area; 

5 ‘‘(ee) has non-mechanical oil 

6 spill response resources, to be 

7 available under contracts, agree8 ments, or other means approved 

9 by the President, capable of re10 sponding to a discharge of per11 sistent oil and a discharge of 

12 nonpersistent oil, whether the 

13 discharged oil was carried by a 

14 vessel as fuel or cargo; and 

15 ‘‘(ff) considers availability of 

16 wildlife response resources for 

17 primary, secondary, and tertiary 

18 responses to support carcass col19 lection, sampling, deterrence, res20 cue, and rehabilitation of birds, 

21 sea turtles, marine mammals, 

22 fishery resources, and other wild23 life. 

24 ‘‘(V) With respect to tank barges 

25 carrying nonpersistent oil in bulk as 


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1 cargo, oil spill response resources that 

2 are required to be carried on board. 

3 ‘‘(VI) Specifying a minimum 

4 length of time that approval of a re5 sponse plan under this paragraph is 

6 valid. 

7 ‘‘(VII) Managing wildlife protec8 tion and rehabilitation, including iden9 tified wildlife protection and rehabili10 tation resources in that area. 

11 ‘‘(ii) ADDITIONAL CONSIDER12 ATIONS.—The Commandant may consider 

13 criteria regarding— 

14 ‘‘(I) vessel routing measures con15 sistent with international routing 

16 measure deviation protocols; and 

17 ‘‘(II) maintenance of real-time 

18 continuous vessel tracking, moni19 toring, and engagement protocols with 

20 the ability to detect and address vessel 

21 operation anomalies. 

22 ‘‘(F) REQUIREMENT FOR APPROVAL.—The 

23 President may approve a response plan for a 

24 vessel under this paragraph only if the owner or 

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1 ability of the oil spill response resources re2 quired to be included in the response plan 

3 under the planning criteria established under 

4 subparagraph (D)(i). 

5 ‘‘(G) PERIODIC AUDITS.—The Secretary 

6 shall conduct periodic audits to ensure compli7 ance of vessel response plans and oil spill re8 moval organizations within the Western Alaska 

9 Captain of the Port Zone and the Prince Wil10 liam Sound Captain of the Port Zone with the 

11 planning criteria under subparagraph (D)(i). 

12 ‘‘(H) REVIEW OF DETERMINATION.—Not 

13 less frequently than once every 5 years, the Sec14 retary shall review each determination of the 

15 Secretary under subparagraph (B) that the na16 tional planning criteria are inappropriate for a 

17 vessel operating in the area of responsibility of 

18 the Western Alaska Captain of the Port Zone 

19 and the Prince William Sound Captain of the 

20 Port Zone. 

21 ‘‘(I) SAVINGS PROVISIONS.—Nothing in 

22 this paragraph affects— 

23 ‘‘(i) the requirements under this sub24 section applicable to vessel response plans 

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1 sponsibility of the Western Alaska Captain 

2 of the Port Zone; 

3 ‘‘(ii) the requirements under this sub4 section applicable to vessel response plans 

5 for vessels operating within the area of re6 sponsibility of the Prince William Sound 

7 Captain of the Port Zone under section 

8 5005 of the Oil Pollution Act of 1990 (33 

9 U.S.C. 2735); or 

10 ‘‘(iii) the authority of a Federal On11 Scene Coordinator to use any available re12 sources when responding to an oil spill.’’. 

13 (2) ESTABLISHMENT OF ALASKA OIL SPILL

14 PLANNING CRITERIA.— 

15 (A) DEADLINE.—Not later than 2 years 

16 after the date of the enactment of this Act, the 

17 President shall establish the planning criteria 

18 required to be established under paragraph 

19 (9)(D)(i) of section 311(j) of the Federal Water 

20 Pollution Control Act (33 U.S.C. 1321(j)). 

21 (B) CONSULTATION.—In establishing the 

22 planning criteria described in subparagraph 

23 (B), the President shall consult with the Fed24 eral, State, local, and Tribal agencies, and the 

25 owners and operators, that would be subject to 


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1 those planning criteria, oil spill removal organi2 zations, Alaska Native organizations, and envi3 ronmental nongovernmental organizations lo4 cated within the State of Alaska. 

5 (C) GOVERNMENT-TO-GOVERNMENT CON6 SULTATION.—The Secretary shall conduct gov7 ernment-to-government consultation with feder8 ally recognized Indian Tribes, as requested and 

9 appropriate for activities authorized by this sec10 tion. 

11 (D) CONGRESSIONAL REPORT.—Not later 

12 than 2 years after the date of the enactment of 

13 this Act, the Secretary shall submit to Congress 

14 a report describing the status of implementa15 tion of paragraph (9) of section 311(j) of the 

16 Federal Water Pollution Control Act (33 U.S.C. 

17 1321(j)). 

18 SEC. 323. ACCIDENT AND INCIDENT NOTIFICATION RELAT19 ING TO PIPELINES. 

20 (a) REPEAL.—Subsection (c) of section 9 of the Pipe21 line Safety, Regulatory Certainty, and Job Creation Act 

22 of 2011 (49 U.S.C. 60117 note; Public Law 112–90) is 

23 repealed. 

24 (b) APPLICATION.—Section 9 of the Pipeline Safety, 

25 Regulatory Certainty, and Job Creation Act of 2011 (49 


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1 U.S.C. 60117 note; Public Law 112–90) shall be applied 

2 and administered as if the subsection repealed by sub3 section (a) had never been enacted. 

4 SEC. 324. COAST GUARD CLAIMS PROCESSING COSTS. 

5 Section 1012(a)(4) of the Oil Pollution Act of 1990 

6 (33 U.S.C. 2712(a)(4)) is amended by striking ‘‘dam7 ages;’’ and inserting ‘‘damages, including, in the case of 

8 a spill of national significance that results in extraordinary 

9 Coast Guard claims processing activities, the administra10 tive and personnel costs of the Coast Guard to process 

11 those claims (including the costs of commercial claims 

12 processing, expert services, training, and technical serv13 ices), subject to the condition that the Coast Guard shall 

14 submit to Congress a report describing the spill of national 

15 significance not later than 30 days after the date on which 

16 the Coast Guard determines it necessary to process those 

17 claims;’’. 

18 SEC. 325. CALCULATION OF INTEREST ON DEBT OWED TO 

19 THE NATIONAL POLLUTION FUND. 

20 Section 1005(b)(4) of the Oil Pollution Act of 1990 

21 (33 U.S.C. 2705(b)(4)) is amended— 

22 (1) by striking ‘‘The interest paid’’ and insert23 ing the following: 


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1 ‘‘(A) IN GENERAL.—The interest paid for 

2 claims, other than Federal Government cost re3 covery claims,’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(B) FEDERAL COST RECOVERY CLAIMS.— 

6 The interest paid for Federal Government cost 

7 recovery claims under this section shall be cal8 culated in accordance with section 3717 of title 

9 31, United States Code.’’. 

10 SEC. 326. PER-INCIDENT LIMITATION. 

11 Subparagraph (A) of section 9509(c)(2) of the Inter12 nal Revenue Code of 1986 is amended— 

13 (1) in clause (i), by striking ‘‘$1,000,000,000’’ 

14 and inserting ‘‘$1,500,000,000’’; 

15 (2) in clause (ii), by striking ‘‘$500,000,000’’ 

16 and inserting ‘‘$750,000,000’’; and 

17 (3) in the heading, by striking ‘‘$1,000,000,000’’ 

18 and inserting ‘‘$1,500,000,000’’. 

19 SEC. 327. ACCESS TO THE OIL SPILL LIABILITY TRUST 

20 FUND. 

21 Section 6002 of the Oil Pollution Act of 1990 (33 

22 U.S.C. 2752) is amended by striking subsection (b) and 

23 inserting the following: 

24 ‘‘(b) EXCEPTIONS.— 


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1 ‘‘(1) IN GENERAL.—Subsection (a) shall not 

2 apply to— 

3 ‘‘(A) section 1006(f), 1012(a)(4), or 5006; 

4 or 

5 ‘‘(B) an amount, which may not exceed 

6 $50,000,000 in any fiscal year, made available 

7 by the President from the Fund— 

8 ‘‘(i) to carry out section 311(c) of the 

9 Federal Water Pollution Control Act (33 

10 U.S.C. 1321(c)); and 

11 ‘‘(ii) to initiate the assessment of nat12 ural resources damages required under sec13 tion 1006. 

14 ‘‘(2) FUND ADVANCES.— 

15 ‘‘(A) IN GENERAL.—To the extent that the 

16 amount described in subparagraph (B) of para17 graph (1) is not adequate to carry out the ac18 tivities described in that subparagraph, the 

19 Coast Guard may obtain 1 or more advances 

20 from the Fund as may be necessary, up to a 

21 maximum of $100,000,000 for each advance, 

22 with the total amount of advances not to exceed 

23 the amounts available under section 9509(c)(2) 

24 of the Internal Revenue Code of 1986. 


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1 ‘‘(B) NOTIFICATION TO CONGRESS.—Not 

2 later than 30 days after the date on which the 

3 Coast Guard obtains an advance under sub4 paragraph (A), the Coast Guard shall notify 

5 Congress of— 

6 ‘‘(i) the amount advanced; and 

7 ‘‘(ii) the facts and circumstances that 

8 necessitated the advance. 

9 ‘‘(C) REPAYMENT.—Amounts advanced 

10 under this paragraph shall be repaid to the 

11 Fund when, and to the extent that, removal 

12 costs are recovered by the Coast Guard from re13 sponsible parties for the discharge or substan14 tial threat of discharge. 

15 ‘‘(3) AVAILABILITY.—Amounts to which this 

16 subsection applies shall remain available until ex17 pended.’’. 

18 SEC. 328. COST-REIMBURSABLE AGREEMENTS. 

19 Section 1012 of the Oil Pollution Act of 1990 (33 

20 U.S.C. 2712) is amended— 

21 (1) in subsection (a)(1)(B), by striking ‘‘by a 

22 Governor or designated State official’’ and inserting 

23 ‘‘by a State, a political subdivision of a State, or an 

24 Indian tribe, pursuant to a cost-reimbursable agree25 ment’’; 


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1 (2) by striking subsections (d) and (e) and in2 serting the following: 

3 ‘‘(d) COST-REIMBURSABLE AGREEMENT.— 

4 ‘‘(1) IN GENERAL.—In carrying out section 

5 311(c) of the Federal Water Pollution Control Act 

6 (33 U.S.C. 1321(c)), the President may enter into 

7 cost-reimbursable agreements with a State, a polit8 ical subdivision of a State, or an Indian tribe to obli9 gate the Fund for the payment of removal costs con10 sistent with the National Contingency Plan. 

11 ‘‘(2) INAPPLICABILITY.—Neither section 1535 

12 of title 31, United States Code, nor chapter 63 of 

13 that title shall apply to a cost-reimbursable agree14 ment entered into under this subsection.’’; and 

15 (3) by redesignating subsections (f), (h), (i), (j), 

16 (k), and (l) as subsections (e), (f), (g), (h), (i), and 

17 (j), respectively. 

18 SEC. 329. OIL SPILL RESPONSE REVIEW. 

19 (a) IN GENERAL.—Subject to the availability of ap20 propriations, the Commandant shall develop and carry out 

21 a program— 

22 (1) to increase collection and improve the qual23 ity of incident data on oil spill location and response 

24 capability by periodically evaluating the data, docu25 mentation, and analysis of— 


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1 (A) Coast Guard-approved vessel response 

2 plans, including vessel response plan audits and 

3 assessments; 

4 (B) oil spill response drills conducted 

5 under section 311(j)(7) of the Federal Water 

6 Pollution Control Act (33 U.S.C. 1321(j)(7)) 

7 that occur within the Marine Transportation 

8 System; and 

9 (C) responses to oil spill incidents that re10 quire mobilization of contracted response re11 sources; 

12 (2) to update, not less frequently than annually, 

13 information contained in the Coast Guard Response 

14 Resource Inventory and other Coast Guard tools 

15 used to document the availability and status of oil 

16 spill response equipment, so as to ensure that such 

17 information remains current; and 

18 (3) subject to section 552 of title 5, United 

19 States Code (commonly known as the ‘‘Freedom of 

20 Information Act’’), to make data collected under 

21 paragraph (1) available to the public. 

22 (b) POLICY.—Not later than 1 year after the date 

23 of the enactment of this Act, the Commandant shall issue 

24 a policy— 


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1 (1) to establish processes to maintain the pro2 gram under subsection (a) and support Coast Guard 

3 oil spill prevention and response activities, including 

4 by incorporating oil spill incident data from after-ac5 tion oil spill reports and data ascertained from vessel 

6 response plan exercises and audits into— 

7 (A) review and approval process standards 

8 and metrics; 

9 (B) Alternative Planning Criteria (APC) 

10 review processes; 

11 (C) Area Contingency Plan (ACP) develop12 ment; and 

13 (D) risk assessments developed under sec14 tion 70001 of title 46, United States Code, in15 cluding lessons learned from reportable marine 

16 casualties; 

17 (2) to standardize and develop tools, training, 

18 and other relevant guidance that may be shared with 

19 vessel owners and operators to assist with accurately 

20 calculating and measuring the performance and via21 bility of proposed alternatives to national planning 

22 criteria requirements and Area Contingency Plans 

23 under the jurisdiction of the Coast Guard; 

24 (3) to improve training of Coast Guard per25 sonnel to ensure continuity of planning activities 


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1 under this section, including by identifying ways in 

2 which civilian staffing may improve the continuity of 

3 operations; and 

4 (4) to increase Federal Government engage5 ment with State, local, and Tribal governments and 

6 stakeholders so as to strengthen coordination and ef7 ficiency of oil spill responses. 

8 (c) PERIODIC UPDATES.—Not less frequently than 

9 every 5 years, the Commandant shall update the processes 

10 established under subsection (b)(1) to incorporate relevant 

11 analyses of— 

12 (1) incident data on oil spill location and re13 sponse quality; 

14 (2) oil spill risk assessments; 

15 (3) oil spill response effectiveness and the af16 fects of such response on the environment; 

17 (4) oil spill response drills conducted under sec18 tion 311(j)(7) of the Federal Water Pollution Con19 trol Act (33 U.S.C. 1321(j)(7)); 

20 (5) marine casualties reported to the Coast 

21 Guard; and 

22 (6) near miss incidents documented by a Vessel 

23 Traffic Service Center (as such terms are defined in 

24 sections 70001(m) of title 46, United States Code). 

25 (d) REPORT.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of the enactment of this Act, and annually 

3 thereafter for 5 years, the Commandant shall pro4 vide to the Committee on Commerce, Science, and 

5 Transportation of the Senate and the Committee on 

6 Transportation and Infrastructure of the House of 

7 Representatives a briefing on the status of ongoing 

8 and planned efforts to improve the effectiveness and 

9 oversight of the vessel response program. 

10 (2) PUBLIC AVAILABILITY.—The Commandant 

11 shall publish the report required by subparagraph 

12 (A) on a publicly accessible internet website of the 

13 Coast Guard. 

14 SEC. 330. REVIEW AND REPORT ON LIMITED INDEMNITY 

15 PROVISIONS IN STANDBY OIL SPILL RE16 SPONSE CONTRACTS. 

17 (a) IN GENERAL.—Not later than 1 year after the 

18 date of enactment of this Act, the Comptroller General 

19 of the United States shall submit to the Committee on 

20 Commerce, Science, and Transportation of the Senate and 

21 the Committee on Transportation and Infrastructure of 

22 the House of Representatives a report on the effects of 

23 removing limited indemnity provisions from Coast Guard 

24 oil spill response contracts entered into by the President 


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1 (or a delegate) under section 311(c) of the Federal Water 

2 Pollution Control Act (33 U.S.C. 1321(c)). 

3 (b) ELEMENTS.—The report required by subsection 

4 (a) shall include the following: 

5 (1) An assessment of the adequacy of contracts 

6 described in that subsection in meeting the needs of 

7 the United States to carry out oil spill clean-ups 

8 under the National Contingency Plan (as defined in 

9 section 311(a) of the Federal Water Pollution Con10 trol Act (33 U.S.C. 1321(a))) during the period be11 ginning in 1990 and ending in 2014 with respect to 

12 those contracts that included limited indemnity pro13 visions for oil spill response organizations. 

14 (2) A review of the costs incurred by the Coast 

15 Guard, the Oil Spill Liability Trust Fund estab16 lished by section 9509(a) of the Internal Revenue 

17 Code of 1986, and the Federal Government to cover 

18 the indemnity provisions provided to oil spill re19 sponse organizations during the period described in 

20 paragraph (1). 

21 (3) An assessment of the adequacy of contracts 

22 described in that subsection in meeting the needs of 

23 the United States to carry out oil spill clean-ups 

24 under the National Contingency Plan (as so defined) 

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1 sponse organizations were removed from those con2 tracts in 2014. 

3 (4) An assessment of the impact that the re4 moval of limited indemnity provisions described in 

5 paragraph (3) has had on the ability of oil spill re6 sponse organizations to enter into contracts de7 scribed in that subsection. 

8 (5) An assessment of the ability of the Oil Spill 

9 Liability Trust Fund established by section 9509(a) 

10 of the Internal Revenue Code of 1986, to cover lim11 ited indemnity provided to a contractor for liabilities 

12 and expenses incidental to the containment or re13 moval of oil arising out of the performance of a con14 tract that is substantially identical to the terms con15 tained in subsections (d)(2) through (h) of section 

16 H.4 of the contract offered by the Coast Guard in 

17 the solicitation numbered DTCG89–98–A–68F953 

18 and dated November 17, 1998. 

19 SEC. 331. ADDITIONAL EXCEPTIONS TO REGULATIONS FOR 

20 TOWING VESSELS. 

21 (a) IN GENERAL.—Not later than 180 days after the 

22 date of enactment of this Act, the Secretary shall review 

23 existing Coast Guard policies with respect to exceptions 

24 to the applicability of subchapter M of chapter I of title 


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1 46, Code of Federal Regulations (or successor regula2 tions), for— 

3 (1) an oil spill response vessel, or a vessel of op4 portunity, while such vessel is— 

5 (A) towing boom for oil spill response; or 

6 (B) participating in an oil response exer7 cise; and 

8 (2) a fishing vessel while that vessel is oper9 ating as a vessel of opportunity. 

10 (b) POLICY.—Not later than 180 days after the con11 clusion of the review required by subsection (a), the Sec12 retary shall revise or issue any necessary policy to clarify 

13 the applicability of subchapter M of chapter I of title 46, 

14 Code of Federal Regulations (or successor regulations) to 

15 the vessels described in subsection (a). Such a policy shall 

16 ensure safe and effective operation of such vessels. 

17 (c) DEFINITIONS.—In this section: 

18 (1) FISHING VESSEL; OIL SPILL RESPONSE VES19 SEL.—The terms ‘‘fishing vessel’’ and ‘‘oil spill re20 sponse vessel’’ have the meanings given such terms 

21 in section 2101 of title 46, United States Code. 

22 (2) VESSEL OF OPPORTUNITY.—The term ‘‘ves23 sel of opportunity’’ means a vessel engaged in spill 

24 response activities that is normally and substantially 


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1 involved in activities other than spill response and 

2 not a vessel carrying oil as a primary cargo. 

3 Subtitle C—Environmental 

4 Compliance 

5 SEC. 341. REVIEW OF ANCHORAGE REGULATIONS. 

6 (a) REGULATORY REVIEW.—Not later than 1 year 

7 after the date of enactment of this Act, the Secretary shall 

8 complete a review of existing anchorage regulations or 

9 other rules and identify regulations or rules that may need 

10 modification in the interest of marine safety, security, and 

11 environmental concerns, taking into account undersea 

12 pipelines, cables, or other infrastructure. 

13 (b) BRIEFING.—Upon completion of the review under 

14 paragraph (1), but not later than 2 years after the date 

15 of enactment of this Act, the Secretary shall provide a 

16 briefing to the Committee on Commerce, Science, and 

17 Transportation of the Senate and the Committee on 

18 Transportation and Infrastructure of the House of Rep19 resentatives that summarizes the review. 

20 SEC. 342. STUDY ON IMPACTS ON SHIPPING AND COMMER21 CIAL, TRIBAL, AND RECREATIONAL FISH22 ERIES FROM THE DEVELOPMENT OF RENEW23 ABLE ENERGY ON THE WEST COAST. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) COVERED WATERS.—The term ‘‘covered 

2 waters’’ means Federal or State waters off of the 

3 Canadian border and out to the furthest extent of 

4 the exclusive economic zone. 

5 (2) EXCLUSIVE ECONOMIC ZONE.—The term 

6 ‘‘exclusive economic zone’’ has the meaning given 

7 that term in section 107 of title 46, United States 

8 Code. 

9 (b) STUDY.—Not later than 180 days after the date 

10 of enactment of this Act, the Secretary, the Secretary of 

11 the Interior, and the Under Secretary of Commerce for 

12 Oceans and Atmosphere, shall enter into an agreement 

13 with the National Academy of Sciences under which the 

14 National Academy of Sciences shall carry out a study to— 

15 (1) identify, document, and analyze— 

16 (A) historic and current, as of the date of 

17 the study, Tribal, commercial, and recreational 

18 fishing grounds, as well as areas where fish 

19 stocks are likely to shift in the future in all cov20 ered waters; 

21 (B) usual and accustomed fishing areas in 

22 all covered waters; 

23 (C) historic, current, and potential future 

24 shipping lanes, based on projected growth in 

25 shipping traffic in all covered waters; and 


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1 (D) key data needed to properly site re2 newable energy sites on the West Coast; 

3 (2) analyze— 

4 (A) methods used to manage fishing, ship5 ping, and other maritime activities; and 

6 (B) how those activities could be impacted 

7 by the placement of renewable energy infra8 structure and the associated construction, main9 tenance, and operation such infrastructure; and 

10 (3) provide recommendations on appropriate 

11 areas for renewable energy sites and outline a com12 prehensive approach to include all impacted coastal 

13 communities, particularly Tribal governments and 

14 fisheries communities, in the decision-making proc15 ess. 

16 (c) SUBMISSION.—Not later than 1 year after com17 mencing the study under subsection (b), the Secretary 

18 shall— 

19 (1) submit the study to the Committee on Com20 merce, Science, and Transportation of the Senate 

21 and the Committee on Transportation and Infra22 structure of the House of Representatives, including 

23 all recommendations provided under subsection 

24 (b)(3); and 

25 (2) make the study publicly available. 


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1 Subtitle D—Environmental Issues 

2 SEC. 351. MODIFICATIONS TO THE SPORT FISH RESTORA3 TION AND BOATING TRUST FUND ADMINIS4 TRATION. 

5 (a) DINGELL-JOHNSON SPORT FISH RESTORATION

6 ACT AMENDMENTS.— 

7 (1) AVAILABLE AMOUNTS.—Section 

8 4(b)(1)(B)(i) of the Dingell-Johnson Sport Fish 

9 Restoration Act (16 U.S.C. 777c(b)(1)(B)(i)) is 

10 amended by striking subclause (I) and inserting the 

11 following: 

12 ‘‘(I) the product obtained by mul13 tiplying— 

14 ‘‘(aa) $12,786,434; and 

15 ‘‘(bb) the change, relative to 

16 the preceding fiscal year, in the 

17 Consumer Price Index for All 

18 Urban Consumers published by 

19 the Department of Labor; and’’. 

20 (2) AUTHORIZED EXPENSES.—Section 9(a) of 

21 the Dingell-Johnson Sport Fish Restoration Act (16 

22 U.S.C. 777h(a)) is amended— 

23 (A) in paragraph (7), by striking ‘‘full24 time’’; and 


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1 (B) in paragraph (9), by striking ‘‘on a 

2 full-time basis’’. 

3 (b) PITTMAN-ROBERTSON WILDLIFE RESTORATION

4 ACT AMENDMENTS.— 

5 (1) AVAILABLE AMOUNTS.—Section 

6 4(a)(1)(B)(i) of the Pittman-Robertson Wildlife Res7 toration Act (16 U.S.C. 669c(a)(1)(B)(i)) is amend8 ed by striking subclause (I) and inserting the fol9 lowing: 

10 ‘‘(I) the product obtained by mul11 tiplying— 

12 ‘‘(aa) $12,786,434; and 

13 ‘‘(bb) the change, relative to 

14 the preceding fiscal year, in the 

15 Consumer Price Index for All 

16 Urban Consumers published by 

17 the Department of Labor; and’’. 

18 (2) AUTHORIZED EXPENSES.—Section 9(a) of 

19 the Pittman-Robertson Wildlife Restoration Act (16 

20 U.S.C. 669h(a)) is amended— 

21 (A) in paragraph (7), by striking ‘‘full22 time’’; and 

23 (B) in paragraph (9), by striking ‘‘on a 

24 full-time basis’’. 


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1 SEC. 352. IMPROVEMENTS TO COAST GUARD COMMUNICA2 TION WITH NORTH PACIFIC MARITIME AND 

3 FISHING INDUSTRY. 

4 (a) RESCUE 21 SYSTEM IN ALASKA.— 

5 (1) UPGRADES.—The Commandant shall ensure 

6 the timely upgrade of the Rescue 21 system in Alas7 ka so as to achieve, not later than August 30, 2023, 

8 98 percent operational availability of remote fixed 

9 facility sites. 

10 (2) PLAN TO REDUCE OUTAGES.— 

11 (A) IN GENERAL.—Not later than 180 

12 days after the date of the enactment of this 

13 Act, the Commandant shall develop an oper14 ations and maintenance plan for the Rescue 21 

15 system in Alaska that anticipates maintenance 

16 needs so as to reduce Rescue 21 system outages 

17 to the maximum extent practicable. 

18 (B) PUBLIC AVAILABILITY.—The plan re19 quired by subparagraph (A) shall be made 

20 available to the public on a publicly accessible 

21 internet website. 

22 (3) REPORT REQUIRED.—Not later than 180 

23 days after the date of the enactment of this Act, the 

24 Commandant shall submit to the Committee on 

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1 structure of the House of Representatives a report 

2 that— 

3 (A) contains a plan for the Coast Guard to 

4 notify mariners of radio outages for towers 

5 owned and operated by the Seventeenth Coast 

6 Guard District; 

7 (B) addresses in such plan how the Seven8 teenth Coast Guard will— 

9 (i) disseminate updates regarding out10 ages on social media not less frequently 

11 than every 48 hours; 

12 (ii) provide updates on a publicly ac13 cessible website not less frequently than 

14 every 48 hours; 

15 (iii) develop methods for notifying 

16 mariners in areas in which cellular 

17 connectivity does not exist; and 

18 (iv) develop and advertise a web-based 

19 communications update hub on AM/FM 

20 radio for mariners; and 

21 (C) identifies technology gaps necessary to 

22 implement the plan and provides a budgetary 

23 assessment necessary to implement the plan. 

24 (4) CONTINGENCY PLAN.— 


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1 (A) IN GENERAL.—Not later than 180 

2 days after the date of the enactment of this 

3 Act, the Commandant shall, in collaboration 

4 with relevant Federal and State entities (includ5 ing the North Pacific Fishery Management 

6 Council, the National Oceanic and Atmospheric 

7 Administration Weather Service, the National 

8 Oceanic and Atmospheric Administration Fish9 eries Service, agencies of the State of Alaska, 

10 local radio stations, and stakeholders), establish 

11 a contingency plan to ensure that notifications 

12 of an outage of the Rescue 21 system in Alaska 

13 are broadly disseminated in advance of such 

14 outage. 

15 (B) ELEMENTS.—The plan required by 

16 subparagraph (A) shall require Coast Guard— 

17 (i) to disseminate updates regarding 

18 outages on social media not less frequently 

19 than every 48 hours during an outage; 

20 (ii) to provide updates on a publicly 

21 accessible website not less frequently than 

22 every 48 hours during an outage; 

23 (iii) to notify mariners in areas in 

24 which cellular connectivity does not exist; 


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1 (iv) to develop and advertise a web2 based communications update hub on AM/ 

3 FM radio for mariners; and 

4 (v) to identify technology gaps nec5 essary to implement the plan and provides 

6 a budgetary assessment necessary to im7 plement the plan. 

8 (b) IMPROVEMENTS TO COMMUNICATION WITH THE

9 FISHING INDUSTRY AND RELATED STAKEHOLDERS.— 

10 (1) IN GENERAL.—The Commandant, in coordi11 nation with the National Commercial Fishing Safety 

12 Advisory Committee established by section 15102 of 

13 title 46, United States Code, shall develop a publicly 

14 accessible internet website that contains all informa15 tion related to fishing industry activities, including 

16 vessel safety, inspections, enforcement, hazards, 

17 training, regulations (including proposed regula18 tions), Rescue 21 system outages and similar out19 ages, and any other fishing-related activities. 

20 (2) AUTOMATIC COMMUNICATIONS.—The Com21 mandant shall provide methods for regular and auto22 matic email communications with stakeholders who 

23 elect, through the internet website developed under 

24 paragraph (1), to receive such communications. 


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1 (c) ADVANCE NOTIFICATION OF MILITARY OR

2 OTHER EXERCISES.—In consultation with the Secretary 

3 of Defense, the Secretary of State, and commercial fishing 

4 industry participants, the Commandant shall develop and 

5 publish on a publicly available internet website a plan for 

6 notifying United States mariners and the operators of 

7 United States fishing vessels in advance of— 

8 (1) military exercises in the exclusive economic 

9 zone of the United States (as defined in section 3 

10 of the Magnuson-Stevens Fishery Conservation and 

11 Management Act (16 U.S.C. 1802)); or 

12 (2) other military activities that will impact rec13 reational or commercial activities. 

14 SEC. 353. FISHING SAFETY TRAINING GRANTS PROGRAM. 

15 Section 4502(i)(4) of title 46, United States Code, 

16 is amended by striking ‘‘2018 through 2021’’ and insert17 ing ‘‘2023 through 2025’’. 

18 SEC. 354. LOAD LINES. 

19 (a) DEFINITION OF COVERED FISHING VESSEL.—In 

20 this section, the term ‘‘covered fishing vessel’’ means a 

21 vessel that operates exclusively in one, or both, of the 

22 Thirteenth and Seventeenth Coast Guard Districts and 

23 that— 


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1 (1) was constructed, under construction, or 

2 under contract to be constructed as a fish tender 

3 vessel before January 1, 1980; 

4 (2) was converted for use as a fish tender vessel 

5 before January 1, 2022, and— 

6 (A) the vessel has a current stability letter 

7 issued in accordance with regulations prescribed 

8 under chapter 51 of title 46, United States 

9 Code; and 

10 (B) the hull and internal structure of the 

11 vessel has been verified as suitable for intended 

12 service as examined by a marine surveyor of an 

13 organization accepted by the Secretary 2 times 

14 in the 5 years preceding the date of the deter15 mination under this subsection, with no interval 

16 of more than 3 years between such examina17 tions; or 

18 (3) operates part-time as a fish tender vessel 

19 for a period of less than 180 days. 

20 (b) APPLICATION TO CERTAIN VESSELS.—During 

21 the period beginning on the date of enactment of this Act 

22 and ending on the date that is 3 years after the date on 

23 which the report required under subsection (c) is sub24 mitted, the load line requirements of chapter 51 of title 


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1 46, United States Code, shall not apply to covered fishing 

2 vessels. 

3 (c) GAO REPORT.— 

4 (1) IN GENERAL.—Not later than 12 months 

5 after the date of enactment of this Act, the Comp6 troller General of the United States shall submit to 

7 the Committee on Commerce, Science, and Trans8 portation of the Senate and the Committee on 

9 Transportation and Infrastructure of the House of 

10 Representatives— 

11 (A) a report on the safety and seaworthi12 ness of vessels referenced in section 5102(b)(5) 

13 of title 46, United States Code; and 

14 (B) recommendations for exempting cer15 tain vessels from the load line requirements 

16 under chapter 51 of title 46 of such Code. 

17 (2) ELEMENTS.—The report required under 

18 paragraph (1) shall include the following: 

19 (A) An assessment of stability require20 ments of vessels referenced in section 

21 5102(b)(5) of title 46, United States Code. 

22 (B) An analysis of vessel casualties, mis23 haps, or other safety information relevant to 

24 load line requirements when a vessel is oper25 ating part-time as a fish tender vessel. 


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1 (C) An assessment of any other safety in2 formation as the Comptroller General deter3 mines appropriate. 

4 (D) A list of all vessels that, as of the date 

5 of the report— 

6 (i) are covered under section 

7 5102(b)(5) of title 46, United States Code; 

8 (ii) are acting as part-time fish tender 

9 vessels; and 

10 (iii) are subject to any captain of the 

11 port zone subject to the oversight of the 

12 Commandant. 

13 (3) CONSULTATION.—In preparing the report 

14 required under paragraph (1), the Comptroller Gen15 eral shall consider consultation with, at a minimum, 

16 the maritime industry, including— 

17 (A) relevant Federal, State, and tribal 

18 maritime associations and groups; and 

19 (B) relevant federally funded research in20 stitutions, nongovernmental organizations, and 

21 academia. 

22 (d) APPLICABILITY.—Nothing in this section shall 

23 limit any authority available, as of the date of enactment 

24 of this Act, to the captain of a port with respect to safety 


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1 measures or any other authority as necessary for the safe2 ty of covered fishing vessels. 

3 Subtitle E—Illegal Fishing and 

4 Forced Labor Prevention 

5 SEC. 361. DEFINITIONS. 

6 In this subtitle: 

7 (1) FORCED LABOR.—The term ‘‘forced labor’’ 

8 means any labor or service provided for or obtained 

9 by any means described in section 1589(a) of title 

10 18, United States Code. 

11 (2) HUMAN TRAFFICKING.—The term ‘‘human 

12 trafficking’’ has the meaning given the term ‘‘severe 

13 forms of trafficking in persons’’ in section 103 of 

14 the Trafficking Victims Protection Act of 2000 (22 

15 U.S.C. 7102). 

16 (3) ILLEGAL, UNREPORTED, OR UNREGULATED

17 FISHING.—The term ‘‘illegal, unreported, or unregu18 lated fishing’’ has the meaning given such term in 

19 the implementing regulations or any subsequent reg20 ulations issued pursuant to section 609(e) of the 

21 High Seas Driftnet Fishing Moratorium Protection 

22 Act (16 U.S.C. 1826j(e)). 

23 (4) OPPRESSIVE CHILD LABOR.—The term ‘‘op24 pressive child labor’’ has the meaning given such 


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1 term in section 3 of the Fair Labor Standards Act 

2 of 1938 (29 U.S.C. 203). 

3 (5) SEAFOOD.—The term ‘‘seafood’’ means all 

4 marine animal and plant life meant for consumption 

5 as food other than marine mammals and birds, in6 cluding fish, shellfish, shellfish products, and proc7 essed fish. 

8 (6) SEAFOOD IMPORT MONITORING PROGRAM.— 

9 The term ‘‘Seafood Import Monitoring Program’’ 

10 means the Seafood Traceability Program established 

11 in subpart Q of part 300 of title 50, Code of Federal 

12 Regulations (or any successor regulation). 

13 (7) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Commerce, acting through the Ad15 ministrator of the National Oceanic and Atmos16 pheric Administration. 

17 CHAPTER 1—COMBATING HUMAN TRAF18 FICKING THROUGH SEAFOOD IMPORT 

19 MONITORING 

20 SEC. 362. ENHANCEMENT OF SEAFOOD IMPORT MONI21 TORING PROGRAM AUTOMATED COMMER22 CIAL ENVIRONMENT MESSAGE SET. 

23 The Secretary, in coordination with the Commis24 sioner of U.S. Customs and Border Protection, shall, not 

25 later than 6 months after the date of enactment of this 


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1 Act, develop a strategy to improve the quality and 

2 verifiability of already collected Seafood Import Moni3 toring Program Message Set data elements in the Auto4 mated Commercial Environment system. Such strategy 

5 shall prioritize the use of enumerated data types, such as 

6 checkboxes, dropdown menus, or radio buttons, and any 

7 additional elements the Administrator of the National 

8 Oceanic and Atmospheric Administration finds appro9 priate. 

10 SEC. 363. DATA SHARING AND AGGREGATION. 

11 (a) INTERAGENCY WORKING GROUP ON ILLEGAL, 

12 UNREPORTED, OR UNREGULATED FISHING.—Section 

13 3551(c) of the Maritime SAFE Act (16 U.S.C. 8031(c)) 

14 is amended— 

15 (1) by redesignating paragraphs (4) through 

16 (13) as paragraphs (5) through (14), respectively; 

17 and 

18 (2) by inserting after paragraph (3) the fol19 lowing: 

20 ‘‘(4) maximizing the utility of the import data 

21 collected by the members of the Working Group by 

22 harmonizing data standards and entry fields;’’. 

23 (b) PROHIBITION ON AGGREGATED CATCH DATA

24 FOR CERTAIN SPECIES.—Beginning not later than 1 year 

25 after the date of enactment of this Act, for the purposes 


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1 of compliance with respect to Northern red snapper under 

2 the Seafood Import Monitoring Program, the Secretary 

3 may not allow an aggregated harvest report of such spe4 cies, regardless of vessel size. 

5 SEC. 364. IMPORT AUDITS. 

6 (a) AUDIT PROCEDURES.—The Secretary shall, not 

7 later than 1 year after the date of enactment of this Act, 

8 implement procedures to audit information and supporting 

9 records of sufficient numbers of imports of seafood and 

10 seafood products subject to the Seafood Import Moni11 toring Program to support statistically robust conclusions 

12 that the samples audited are representative of all seafood 

13 imports with respect to a given year. 

14 (b) EXPANSION OF MARINE FORENSICS LABORA15 TORY.—The Secretary shall, not later than 1 year after 

16 the date of enactment of this Act, begin the process of 

17 expanding the National Oceanic and Atmospheric Admin18 istration’s Marine Forensics Laboratory, including by es19 tablishing sufficient capacity for the development and de20 ployment of rapid, and follow-up, analysis of field-based 

21 tests focused on identifying Seafood Import Monitoring 

22 Program species, and prioritizing such species at high risk 

23 of illegal, unreported, or unregulated fishing and seafood 

24 fraud. 


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1 (c) ANNUAL REVISION.—In developing the proce2 dures required in subsection (a), the Secretary shall use 

3 predictive analytics to inform whether to revise such pro4 cedures to prioritize for audit those imports originating 

5 from nations— 

6 (1) identified pursuant to section 609(a) or 

7 610(a) of the High Seas Driftnet Fishing Morato8 rium Protection Act (16 U.S.C. 1826j(a) or 

9 1826k(a)) that have not yet received a subsequent 

10 positive certification pursuant to section 609(d) or 

11 610(c) of such Act, respectively; 

12 (2) identified by an appropriate regional fishery 

13 management organization as being the flag state or 

14 landing location of vessels identified by other nations 

15 or regional fisheries management organizations as 

16 engaging in illegal, unreported, or unregulated fish17 ing; 

18 (3) identified as having human trafficking or 

19 forced labor in any part of the seafood supply chain, 

20 including on vessels flagged in such nation, and in21 cluding feed for cultured production, in the most re22 cent Trafficking in Persons Report issued by the 

23 Department of State in accordance with the Traf24 ficking Victims Protection Act of 2000 (22 U.S.C. 

25 7101 et seq.); 


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1 (4) identified as producing goods that contain 

2 seafood using forced labor or oppressive child labor 

3 in the most recent List of Goods Produced by Child 

4 Labor or Forced Labor in accordance with the Traf5 ficking Victims Protection Act (22 U.S.C. 7101 et 

6 seq.); and 

7 (5) identified as at risk for human trafficking, 

8 including forced labor, in their seafood catching and 

9 processing industries by the report required under 

10 section 3563 of the Maritime SAFE Act (Public 

11 Law 116–92). 

12 SEC. 365. AVAILABILITY OF FISHERIES INFORMATION. 

13 Section 402(b)(1) of the Magnuson-Stevens Fishery 

14 Conservation and Management Act (16 U.S.C. 

15 1881a(b)(1)) is amended— 

16 (1) in subparagraph (G), by striking ‘‘or’’ after 

17 the semicolon; 

18 (2) in subparagraph (H), by striking the period 

19 and inserting ‘‘; or’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(I) to Federal agencies, to the extent nec22 essary and appropriate, to administer Federal 

23 programs established to combat illegal, unre24 ported, or unregulated fishing (as defined in 

25 section 361 of the Coast Guard Authorization 


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1 Act of 2022) or forced labor (as defined in sec2 tion 361 of the Coast Guard Authorization Act 

3 of 2022).’’. 

4 SEC. 366. AUTHORITY TO HOLD FISH PRODUCTS. 

5 Section 311(b)(1) of the Magnuson-Stevens Fishery 

6 Conservation and Management Act (16 U.S.C. 

7 1861(b)(1)) is amended— 

8 (1) in subparagraph (B), by striking ‘‘and’’ 

9 after the semicolon; 

10 (2) in subparagraph (C), by striking the period 

11 and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following a new 

13 subparagraph: 

14 ‘‘(D) detain, for a period of not more than 14 

15 days, any shipment of fish or fish product imported 

16 into, landed on, introduced into, exported from, or 

17 transported within the jurisdiction of the United 

18 States, or, if such fish or fish product is determined 

19 to be perishable, sell and retain the proceeds there20 from for a period of not more than 21 days.’’. 

21 SEC. 367. REPORT ON SEAFOOD IMPORT MONITORING PRO22 GRAM. 

23 (a) REPORT TO CONGRESS AND PUBLIC AVAIL24 ABILITY OF REPORTS.—The Secretary shall, not later 

25 than 120 days after the end of each fiscal year, submit 


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1 to the Committee on Commerce, Science, and Transpor2 tation of the Senate and the Committee on Natural Re3 sources of the House of Representatives a report that 

4 summarizes the National Marine Fisheries Service’s ef5 forts to prevent the importation of seafood harvested 

6 through illegal, unreported, or unregulated fishing, par7 ticularly with respect to seafood harvested, produced, 

8 processed, or manufactured by forced labor. Each such re9 port shall be made publicly available on the website of the 

10 National Oceanic and Atmospheric Administration. 

11 (b) CONTENTS.—Each report submitted under sub12 section (a) shall include— 

13 (1) the volume and value of seafood species sub14 ject to the Seafood Import Monitoring Program, re15 ported by 10-digit Harmonized Tariff Schedule of 

16 the United States codes, imported during the pre17 vious fiscal year; 

18 (2) the enforcement activities and priorities of 

19 the National Marine Fisheries Service with respect 

20 to implementing the requirements under the Seafood 

21 Import Monitoring Program; 

22 (3) the percentage of import shipments subject 

23 to the Seafood Import Monitoring Program selected 

24 for inspection or the information or records sup25 porting entry selected for audit, as described in secVerDate Sep 11 2014 18:03 Sep 13, 2022 Jkt 029200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\S4802.IS S4802

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1 tion 300.324(d) of title 50, Code of Federal Regula2 tions; 

3 (4) the number and types of instances of non4 compliance with the requirements of the Seafood Im5 port Monitoring Program; 

6 (5) the number and types of instances of viola7 tions of State or Federal law discovered through the 

8 Seafood Import Monitoring Program; 

9 (6) the seafood species with respect to which 

10 violations described in paragraphs (4) and (5) were 

11 most prevalent; 

12 (7) the location of catch or harvest with respect 

13 to which violations described in paragraphs (4) and 

14 (5) were most prevalent; 

15 (8) the additional tools, such as high perform16 ance computing and associated costs, that the Sec17 retary needs to improve the efficacy of the Seafood 

18 Import Monitoring Program; and 

19 (9) such other information as the Secretary 

20 considers appropriate with respect to monitoring and 

21 enforcing compliance with the Seafood Import Moni22 toring Program. 

23 SEC. 368. AUTHORIZATION OF APPROPRIATIONS. 

24 There is authorized to be appropriated to the Com25 missioner of U.S. Customs and Border Protection to carry 


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1 out enforcement actions pursuant to section 307 of the 

2 Tariff Act of 1930 (19 U.S.C. 1307) $20,000,000 for each 

3 of fiscal years 2023 through 2027. 

4 CHAPTER 2—STRENGTHENING INTER5 NATIONAL FISHERIES MANAGEMENT 

6 TO COMBAT HUMAN TRAFFICKING 

7 SEC. 370. DENIAL OF PORT PRIVILEGES. 

8 Section 101(a)(2) of the High Seas Driftnet Fish9 eries Enforcement Act (16 U.S.C. 1826a(a)(2)) is amend10 ed to read as follows: 

11 ‘‘(2) DENIAL OF PORT PRIVILEGES.—The Sec12 retary of Homeland Security shall, in accordance 

13 with international law— 

14 ‘‘(A) withhold or revoke the clearance re15 quired by section 60105 of title 46, United 

16 States Code, for any large-scale driftnet fishing 

17 vessel of a nation that receives a negative cer18 tification under section 609(d) or 610(c) of the 

19 High Seas Driftnet Fishing Moratorium Protec20 tion Act (16 U.S.C. 1826j(d) or 1826k(c)), or 

21 fishing vessels of a nation that has been listed 

22 pursuant to section 609(b) or section 610(a) of 

23 such Act (16 U.S.C. 1826j(b) or 1826k(a)) in 

24 2 or more consecutive reports for the same type 

25 of fisheries activity, as described under section 


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1 607 of such Act (16 U.S.C. 1826h), until a 

2 positive certification has been received; 

3 ‘‘(B) withhold or revoke the clearance re4 quired by section 60105 of title 46, United 

5 States Code, for fishing vessels of a nation that 

6 has been listed pursuant to section 609(a) or 

7 610(a) of the High Seas Driftnet Fishing Mor8 atorium Protection Act (16 U.S.C. 1826j(a) or 

9 1826k(a)) in 2 or more consecutive reports as 

10 described under section 607 of such Act (16 

11 U.S.C. 1826h); and 

12 ‘‘(C) deny entry of that vessel to any place 

13 in the United States and to the navigable 

14 waters of the United States, except for the pur15 poses of inspecting such vessel, conducting an 

16 investigation, or taking other appropriate en17 forcement action.’’. 

18 SEC. 371. IDENTIFICATION AND CERTIFICATION CRITERIA. 

19 (a) DENIAL OF PORT PRIVILEGES.—Section 609(a) 

20 of the High Seas Driftnet Fishing Moratorium Protection 

21 Act (16 U.S.C. 1826j(a)) is amended— 

22 (1) by striking paragraph (2) and inserting the 

23 following: 

24 ‘‘(2) FOR ACTIONS OF A NATION.—The Sec25 retary shall identify, and list in such report, a nation 


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1 engaging in or endorsing illegal, unreported, or un2 regulated fishing. In determining which nations to 

3 list in such report, the Secretary shall consider the 

4 following: 

5 ‘‘(A) Any nation that is violating, or has 

6 violated at any point during the 3 years pre7 ceding the date of the determination, conserva8 tion and management measures, including catch 

9 and other data reporting obligations and re10 quirements, required under an international 

11 fishery management agreement to which the 

12 United States is a party. 

13 ‘‘(B) Any nation that is failing, or has 

14 failed in the 3-year period preceding the date of 

15 the determination, to effectively address or reg16 ulate illegal, unreported, or unregulated fishing 

17 within its fleets in any areas where its vessels 

18 are fishing. 

19 ‘‘(C) Any nation that fails to discharge du20 ties incumbent upon it under international law 

21 or practice as a flag, port, or coastal state to 

22 take action to prevent, deter, and eliminate ille23 gal, unreported, or unregulated fishing. 

24 ‘‘(D) Any nation that has been identified 

25 as producing for export to the United States 


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1 seafood-related goods through forced labor or 

2 oppressive child labor (as those terms are de3 fined in section 361 of the Coast Guard Au4 thorization Act of 2022) in the most recent List 

5 of Goods Produced by Child Labor or Forced 

6 Labor in accordance with the Trafficking Vic7 tims Protection Act of 2000 (22 U.S.C. 7101 et 

8 seq.).’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(4) TIMING.—The Secretary shall make an 

11 identification under paragraph (1) or (2) at any 

12 time that the Secretary has sufficient information to 

13 make such identification.’’. 

14 (b) ILLEGAL, UNREPORTED, OR UNREGULATED CER15 TIFICATION DETERMINATION.—Section 609 of the High 

16 Seas Driftnet Fishing Moratorium Protection Act (16 

17 U.S.C. 1826j) is amended— 

18 (1) in subsection (d), by striking paragraph (3) 

19 and inserting the following: 

20 ‘‘(3) EFFECT OF CERTIFICATION DETERMINA21 TION.— 

22 ‘‘(A) EFFECT OF NEGATIVE CERTIFI23 CATION.—The provisions of subsection (a) and 

24 paragraphs (3) and (4) of subsection (b) of sec25 tion 101 of the High Seas Driftnet Fisheries 


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1 Enforcement Act (16 U.S.C. 1826a(a) and 

2 (b)(3) and (4)) shall apply to any nation that, 

3 after being identified and notified under sub4 section (b) has failed to take the appropriate 

5 corrective actions for which the Secretary has 

6 issued a negative certification under this sub7 section. 

8 ‘‘(B) EFFECT OF POSITIVE CERTIFI9 CATION.—The provisions of subsection (a) and 

10 paragraphs (3) and (4) of subsection (b) of sec11 tion 101 of the High Seas Driftnet Fisheries 

12 Enforcement Act (16 U.S.C. 1826a(a) and 

13 (b)(3) and (4)) shall not apply to any nation 

14 identified under subsection (a) for which the 

15 Secretary has issued a positive certification 

16 under this subsection.’’; 

17 (2) by redesignating subsections (e) and (f) as 

18 subsections (f) and (g), respectively; and 

19 (3) by inserting after subsection (d) the fol20 lowing: 

21 ‘‘(e) RECORDKEEPING REQUIREMENTS.—The Sec22 retary shall ensure that seafood or seafood products au23 thorized for entry under this section are imported con24 sistent with the reporting and the recordkeeping require25 ments of the Seafood Import Monitoring Program deVerDate Sep 11 2014 18:03 Sep 13, 2022 Jkt 029200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\S4802.IS S4802

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1 scribed in part 300.324(b) of title 50, Code of Federal 

2 Regulations (or any successor regulation).’’. 

3 SEC. 372. EQUIVALENT CONSERVATION MEASURES. 

4 (a) IDENTIFICATION.—Section 610(a) of the High 

5 Seas Driftnet Fishing Moratorium Protection Act (16 

6 U.S.C. 1826k(a)) is amended to read as follows: 

7 ‘‘(a) IDENTIFICATION.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall iden9 tify and list in the report under section 607— 

10 ‘‘(A) a nation if— 

11 ‘‘(i) any fishing vessel of that nation 

12 is engaged, or has been engaged during the 

13 3 years preceding the date of the deter14 mination, in fishing activities or practices 

15 on the high seas or within the exclusive 

16 economic zone of any nation, that have re17 sulted in bycatch of a protected living ma18 rine resource; and 

19 ‘‘(ii) the vessel’s flag state has not 

20 adopted, implemented, and enforced a reg21 ulatory program governing such fishing de22 signed to end or reduce such bycatch that 

23 is comparable in effectiveness to the regu24 latory program of the United States, tak25 ing into account differing conditions; and 


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1 ‘‘(B) a nation if— 

2 ‘‘(i) any fishing vessel of that nation 

3 is engaged, or has engaged during the 3 

4 years preceding the date of the determina5 tion, in fishing activities on the high seas 

6 or within the exclusive economic zone of 

7 another nation that target or incidentally 

8 catch sharks; and 

9 ‘‘(ii) the vessel’s flag state has not 

10 adopted, implemented, and enforced a reg11 ulatory program to provide for the con12 servation of sharks, including measures to 

13 prohibit removal of any of the fins of a 

14 shark, including the tail, before landing the 

15 shark in port, that is comparable to that of 

16 the United States. 

17 ‘‘(2) TIMING.—The Secretary shall make an 

18 identification under paragraph (1) at any time that 

19 the Secretary has sufficient information to make 

20 such identification.’’. 

21 (b) CONSULTATION AND NEGOTIATION.—Section 

22 610(b) of the High Seas Driftnet Fishing Moratorium 

23 Protection Act (16 U.S.C. 1826k(b)) is amended to read 

24 as follows: 


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1 ‘‘(b) CONSULTATION AND NEGOTIATION.—The Sec2 retary of State, acting in conjunction with the Secretary, 

3 shall— 

4 ‘‘(1) notify, as soon as practicable, the Presi5 dent and nations that are engaged in, or that have 

6 any fishing vessels engaged in, fishing activities or 

7 practices described in subsection (a), about the pro8 visions of this Act; 

9 ‘‘(2) initiate discussions as soon as practicable 

10 with all foreign nations that are engaged in, or a 

11 fishing vessel of which has engaged in, fishing activi12 ties described in subsection (a), for the purpose of 

13 entering into bilateral and multilateral treaties with 

14 such nations to protect such species and to address 

15 any underlying failings or gaps that may have con16 tributed to identification under this Act; 

17 ‘‘(3) seek agreements calling for international 

18 restrictions on fishing activities or practices de19 scribed in subsection (a) through the United Na20 tions, the Committee on Fisheries of the Food and 

21 Agriculture Organization of the United Nations, and 

22 appropriate international fishery management bod23 ies; and 

24 ‘‘(4) initiate the amendment of any existing 

25 international treaty for the protection and conservaVerDate Sep 11 2014 18:03 Sep 13, 2022 Jkt 029200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\S4802.IS S4802

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1 tion of such species to which the United States is a 

2 party in order to make such treaty consistent with 

3 the purposes and policies of this section.’’. 

4 (c) CONSERVATION CERTIFICATION PROCEDURE.— 

5 Section 610(c) of the High Seas Driftnet Fishing Morato6 rium Protection Act (16 U.S.C. 1826k(c)) is amended— 

7 (1) in paragraph (2), by inserting ‘‘the public 

8 and’’ after ‘‘comment by’’; 

9 (2) in paragraph (4)— 

10 (A) in subparagraph (A), by striking 

11 ‘‘and’’ after the semicolon; 

12 (B) in subparagraph (B), by striking the 

13 period at the end and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(C) ensure that any such fish or fish 

16 products authorized for entry under this section 

17 are imported consistent with the reporting and 

18 the recordkeeping requirements of the Seafood 

19 Import Monitoring Program established in sub20 part Q of part 300 of title 50, Code of Federal 

21 Regulations (or any successor regulation).’’; 

22 and 

23 (3) in paragraph (5), by striking ‘‘(except to 

24 the extent that such provisions apply to sport fishing 

25 equipment or fish or fish products not caught by the 


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1 vessels engaged in illegal, unreported, or unregulated 

2 fishing)’’. 

3 (d) DEFINITION OF PROTECTED LIVING MARINE RE4 SOURCE.—Section 610(e) of the High Seas Driftnet Fish5 ing Moratorium Protection Act (16 U.S.C. 1826k(e)) is 

6 amended by striking paragraph (1) and inserting the fol7 lowing: 

8 ‘‘(1) except as provided in paragraph (2), 

9 means nontarget fish, sea turtles, or marine mam10 mals that are protected under United States law or 

11 international agreement, including— 

12 ‘‘(A) the Marine Mammal Protection Act 

13 of 1972 (16 U.S.C. 1361 et seq.); 

14 ‘‘(B) the Endangered Species Act of 1973 

15 (16 U.S.C. 1531 et seq.); 

16 ‘‘(C) the Shark Finning Prohibition Act 

17 (16 U.S.C. 1822 note); and 

18 ‘‘(D) the Convention on International 

19 Trade in Endangered Species of Wild Fauna 

20 and Flora, done at Washington March 3, 1973 

21 (27 UST 1087; TIAS 8249); but’’. 

22 SEC. 373. CAPACITY BUILDING IN FOREIGN FISHERIES. 

23 (a) IN GENERAL.—The Secretary of Commerce, in 

24 consultation with the heads of other Federal agencies, as 


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1 appropriate, shall develop and carry out with partner gov2 ernments and civil society— 

3 (1) multi-year international environmental co4 operation agreements and projects; and 

5 (2) multi-year capacity-building projects for im6 plementing measures to address illegal, unreported, 

7 or unregulated fishing, fraud, forced labor, bycatch, 

8 and other conservation measures. 

9 (b) CAPACITY BUILDING.—Section 3543(d) of the 

10 Maritime SAFE Act (16 U.S.C. 8013(d)) is amended— 

11 (1) in the matter preceding paragraph (1), by 

12 striking ‘‘as appropriate,’’; and 

13 (2) in paragraph (3), by striking ‘‘as appro14 priate’’ and inserting ‘‘for all priority regions identi15 fied by the Working Group’’. 

16 (c) REPORTS.—Section 3553 of the Maritime SAFE 

17 Act (16 U.S.C. 8033) is amended— 

18 (1) in paragraph (7), by striking ‘‘and’’ after 

19 the semicolon; 

20 (2) in paragraph (8), by striking the period at 

21 the end and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(9) the status of work with global enforcement 

24 partners.’’. 


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1 SEC. 374. TRAINING OF UNITED STATES OBSERVERS. 

2 Section 403(b) of the Magnuson-Stevens Fishery 

3 Conservation and Management Act (16 U.S.C. 1881b(b)) 

4 is amended— 

5 (1) in paragraph (3), by striking ‘‘and’’ after 

6 the semicolon; 

7 (2) by redesignating paragraph (4) as para8 graph (5); and 

9 (3) by inserting after paragraph (3) the fol10 lowing: 

11 ‘‘(4) ensure that each observer has received 

12 training to identify indicators of forced labor (as de13 fined in section 361 of the Coast Guard Authoriza14 tion Act of 2022) and human trafficking (as defined 

15 in section 361 of the Coast Guard Authorization Act 

16 of 2022) and refer this information to appropriate 

17 authorities; and’’. 

18 SEC. 375. REGULATIONS. 

19 Not later than 1 year after the date of enactment 

20 of this Act, the Secretary shall promulgate such regula21 tions as may be necessary to carry out this title. 


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1 TITLE IV—SUPPORT FOR COAST 

2 GUARD WORKFORCE 

3 Subtitle A—Support for Coast 

4 Guard Members and Families 

5 SEC. 401. COAST GUARD CHILD CARE IMPROVEMENTS. 

6 (a) FAMILY DISCOUNT FOR CHILD DEVELOPMENT

7 SERVICES.—Section 2922(b)(2) of title 14, United States 

8 Code, is amended by adding at the end the following: 

9 ‘‘(D) In the case of an active duty member with 

10 two or more children attending a Coast Guard child 

11 development center, the Commandant may modify 

12 the fees to be charged for attendance for the second 

13 and any subsequent child of such member by an 

14 amount that is 15 percent less than the amount of 

15 the fee otherwise chargeable for the attendance of 

16 the first such child enrolled at the center, or another 

17 fee as the Commandant determines appropriate, con18 sistent with multiple children.’’. 

19 (b) CHILD DEVELOPMENT CENTER STANDARDS AND

20 INSPECTIONS.—Section 2923(a) of title 14, United States 

21 Code, is amended to read as follows: 

22 ‘‘(a) STANDARDS.—The Commandant shall require 

23 each Coast Guard child development center to meet stand24 ards of operation— 


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1 ‘‘(1) that the Commandant considers appro2 priate to ensure the health, safety, and welfare of 

3 the children and employees at the center; and 

4 ‘‘(2) necessary for accreditation by an appro5 priate national early childhood programs accrediting 

6 entity.’’. 

7 (c) CHILD CARE SUBSIDY PROGRAM.— 

8 (1) AUTHORIZATION.— 

9 (A) IN GENERAL.—Subchapter II of chap10 ter 29 of title 14, United States Code, is 

11 amended by inserting at the end the following: 

12 ‘‘§ 2927. Child care subsidy program 

13 ‘‘(a) AUTHORITY.—The Commandant may operate a 

14 child care subsidy program to provide financial assistance 

15 to eligible providers that provide child care services or 

16 youth program services to members of the Coast Guard 

17 and any other individual the Commandant considers ap18 propriate, if— 

19 ‘‘(1) providing such financial assistance— 

20 ‘‘(A) is in the best interests of the Coast 

21 Guard; and 

22 ‘‘(B) enables supplementation or expansion 

23 of the provision of Coast Guard child care serv24 ices, while not supplanting or replacing Coast 

25 Guard child care services; and 


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1 ‘‘(2) the Commandant ensures, to the extent 

2 practicable, that the eligible provider is able to com3 ply, and does comply, with the regulations, policies, 

4 and standards applicable to Coast Guard child care 

5 services. 

6 ‘‘(b) ELIGIBLE PROVIDERS.—A provider of child care 

7 services or youth program services is eligible for financial 

8 assistance under this section if the provider— 

9 ‘‘(1) is licensed to provide such services under 

10 applicable State and local law; 

11 ‘‘(2) is registered in an au pair program of the 

12 Department of State; 

13 ‘‘(3) is a family home daycare; or 

14 ‘‘(4) is a provider of family child care services 

15 that— 

16 ‘‘(A) otherwise provides federally funded or 

17 federally sponsored child development services; 

18 ‘‘(B) provides such services in a child de19 velopment center owned and operated by a pri20 vate, not-for-profit organization; 

21 ‘‘(C) provides a before-school or after22 school child care program in a public school fa23 cility; 


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1 ‘‘(D) conducts an otherwise federally fund2 ed or federally sponsored school-age child care 

3 or youth services program; 

4 ‘‘(E) conducts a school-age child care or 

5 youth services program operated by a not-for6 profit organization; 

7 ‘‘(F) provides in-home child care, such as 

8 a nanny or an au pair; or 

9 ‘‘(G) is a provider of another category of 

10 child care services or youth program services 

11 the Commandant considers appropriate for 

12 meeting the needs of members or civilian em13 ployees of the Coast Guard. 

14 ‘‘(c) FUNDING.—To provide financial assistance 

15 under this subsection, the Commandant may use any 

16 funds appropriated for the Coast Guard for operation and 

17 maintenance.’’. 

18 (B) CLERICAL AMENDMENT.—The analysis 

19 for chapter 29 of title 14, United States Code, 

20 is amended by inserting after the item relating 

21 to section 2926 the following: 

‘‘2927. Child care subsidy program.’’. 

22 (2) EXPANSION OF CHILD CARE SUBSIDY PRO23 GRAM.— 

24 (A) IN GENERAL.—The Commandant 

25 shall— 


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1 (i) evaluate potential eligible uses for 

2 the child care subsidy program established 

3 under section 2927 of title 14, United 

4 States Code (referred to in this paragraph 

5 as the ‘‘program’’); and 

6 (ii) expand the eligible uses of funds 

7 for the program to accommodate the child 

8 care needs of members of the Coast Guard 

9 (including such members with nonstandard 

10 work hours and surge or other deployment 

11 cycles), including by providing funds di12 rectly to such members instead of care pro13 viders. 

14 (B) CONSIDERATIONS.—In evaluating po15 tential eligible uses under subparagraph (A), 

16 the Commandant shall consider au pairs, nanny 

17 services, nanny shares, in-home child care serv18 ices, care services such as supplemental care for 

19 children with disabilities, and any other child 

20 care delivery method the Commandant con21 siders appropriate. 

22 (C) REQUIREMENTS.—In establishing ex23 panded eligible uses of funds for the program, 

24 the Commandant shall ensure that such uses— 


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1 (i) are in the best interests of the 

2 Coast Guard; 

3 (ii) provide flexibility for members of 

4 the Coast Guard, including such members 

5 and employees with nonstandard work 

6 hours; and 

7 (iii) ensure a safe environment for de8 pendents of such members and employees. 

9 (D) PUBLICATION.—Not later than 18 

10 months after the date of the enactment of this 

11 Act, the Commandant shall publish an updated 

12 Commandant Instruction Manual (referred to 

13 in this paragraph as the ‘‘manual’’) that de14 scribes the expanded eligible uses of the pro15 gram. 

16 (E) REPORT.— 

17 (i) IN GENERAL.—Not later than 18 

18 months after the date of the enactment of 

19 this Act, the Commandant shall submit to 

20 the Committee on Commerce, Science, and 

21 Transportation of the Senate and the 

22 Committee on Transportation and Infra23 structure of the House of Representatives 

24 a report outlining the expansion of the pro25 gram. 


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1 (ii) ELEMENTS.—The report required 

2 by clause (i) shall include the following: 

3 (I) An analysis of the consider4 ations described in subparagraph (B). 

5 (II) A description of the analysis 

6 used to identify eligible uses that were 

7 evaluated and incorporated into the 

8 manual under subparagraph (D). 

9 (III) A full analysis and justifica10 tion with respect to the forms of care 

11 that were ultimately not included in 

12 the manual. 

13 (IV) Any recommendation with 

14 respect to funding or additional au15 thorities necessary, including pro16 posals for legislative change, to meet 

17 the current and anticipated future 

18 child care subsidy demands of the 

19 Coast Guard. 

20 SEC. 402. ARMED FORCES ACCESS TO COAST GUARD CHILD 

21 CARE FACILITIES. 

22 Section 2922(a) of title 14, United States Code, is 

23 amended to read as follows: 

24 ‘‘(a)(1) The Commandant may make child develop25 ment services available, in such priority as the ComVerDate Sep 11 2014 18:03 Sep 13, 2022 Jkt 029200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\S4802.IS S4802

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1 mandant considers to be appropriate and consistent with 

2 readiness and resources and in the best interests of de3 pendents of members and civilian employees of the Coast 

4 Guard, for— 

5 ‘‘(A) members and civilian employees of the 

6 Coast Guard; 

7 ‘‘(B) surviving dependents of members of the 

8 Coast Guard who have died on active duty, if such 

9 dependents were beneficiaries of a Coast Guard child 

10 development service at the time of the death of such 

11 members; 

12 ‘‘(C) members of the armed forces (as defined 

13 in section 101 of title 10, United States Code); and 

14 ‘‘(D) Federal civilian employees. 

15 ‘‘(2) Child development service benefits provided 

16 under the authority of this section shall be in addition to 

17 benefits provided under other laws.’’. 

18 SEC. 403. CADET PREGNANCY POLICY IMPROVEMENTS. 

19 (a) REGULATIONS REQUIRED.—Not later than 18 

20 months after the date of the enactment of this Act, the 

21 Secretary of the department in which the Coast Guard is 

22 operating, in consultation with the Secretary of Defense, 

23 shall prescribe regulations that— 


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1 (1) preserve parental guardianship rights of ca2 dets who become pregnant or father a child while at3 tending the Coast Guard Academy; and 

4 (2) maintain military and academic require5 ments for graduation and commissioning. 

6 (b) BRIEFING.—Not later than 180 days after the 

7 date of the enactment of this Act, the Secretary of the 

8 department in which the Coast Guard is operating shall 

9 provide to the Committee on Commerce, Science, and 

10 Transportation of the Senate and the Committee on 

11 Transportation and Infrastructure of the House of Rep12 resentatives a briefing on the development of the regula13 tions required by subsection (a). 

14 SEC. 404. PILOT PROGRAM FOR FERTILITY TREATMENTS. 

15 (a) FINDINGS.—Congress makes the following find16 ings: 

17 (1) Members of the Coast Guard face unique 

18 challenges in addressing infertility issues. 

19 (2) Frequent deployments, dislocation, trans20 fers, and operational tempo impart unique stresses 

21 to members of the Coast Guard and their families. 

22 The same stressors often disrupt or make fertility 

23 treatments impractical or cost prohibitive. 


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1 (3) Only 6 military treatment facilities in the 

2 United States offer fertility treatments to members 

3 of the Armed Forces. 

4 (b) AUTHORIZATION.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this Act, the 

7 Commandant shall establish a pilot program for all 

8 qualified members of the Coast Guard for the pur9 pose of expanding access to fertility treatment cen10 ters. 

11 (2) INCLUSIONS.—The pilot program required 

12 by paragraph (1) may expand access and availability 

13 of fertility-related medical care and treatments, as 

14 determined by the Commandant. 

15 (3) CONSIDERATION OF METHODS TO EXPAND

16 ACCESS.—As part of the pilot program under this 

17 section, the Commandant shall consider methods to 

18 expand access to fertility treatments for members of 

19 the Coast Guard, including by— 

20 (A) examining support to improve access 

21 to fertility services traditionally considered non22 essential and not covered by the TRICARE pro23 gram (as defined under section 1072(7) of title 

24 10, United States Code), such as medications, 

25 reproductive counseling, and other treatments; 


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1 (B) exploring ways to increase access to 

2 military treatment facilities that offer assistive 

3 reproductive technology services, consistent 

4 with— 

5 (i) the Department of Defense Joint 

6 Travel Regulations issued on June 1, 

7 2022; and 

8 (ii) the Coast Guard Supplement to 

9 the Joint Travel Regulations issued on 

10 June 28, 2019; 

11 (C) developing a process to allow assign12 ment or reassignment of members of the Coast 

13 Guard requesting fertility treatments to a loca14 tion conducive to receiving treatments; 

15 (D) in a case in which use of military 

16 treatment facilities is not available or prac17 ticable, entering into partnerships with private18 sector fertility treatment providers; and 

19 (E) providing flexible working hours, duty 

20 schedules, and administrative leave to allow for 

21 necessary treatments, appointments, and other 

22 services associated with receipt of fertility treat23 ments and associated care. 


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1 (c) DURATION.—The duration of the pilot program 

2 under subsection (a) shall be not less than 5 years begin3 ning on the date on which the pilot program is established. 

4 (d) DISCHARGE ON DISTRICT BASIS.—The Com5 mandant— 

6 (1) may carry out the pilot program on a dis7 trict basis; and 

8 (2) shall include remote and urban units in the 

9 pilot program. 

10 SEC. 405. COMBAT-RELATED SPECIAL COMPENSATION. 

11 (a) REPORT AND BRIEFING.—Not later than 90 days 

12 after the date of the enactment of this Act, and every 180 

13 days thereafter until the date that is 5 years after the 

14 date on which the initial report is submitted under this 

15 subsection, the Commandant shall submit a report and 

16 provide an in-person briefing to the Committee on Com17 merce, Science, and Transportation of the Senate and the 

18 Committee on Transportation and Infrastructure of the 

19 House of Representatives on the implementation of section 

20 221 of the Coast Guard Authorization Act of 2015 (Public 

21 Law 114–120; 10 U.S.C. 1413a note). 

22 (b) ELEMENTS.—Each report and briefing required 

23 by subsection (a) shall include the following: 


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1 (1) A description of methods to educate mem2 bers and retirees on the combat-related special com3 pensation program. 

4 (2) Statistics regarding enrollment in such pro5 gram for members of the Coast Guard and Coast 

6 Guard retirees. 

7 (3) A summary of each of the following: 

8 (A) Activities carried out relating to the 

9 education of members of the Coast Guard par10 ticipating in the Transition Assistance Program 

11 with respect to the combat-related special com12 pensation program. 

13 (B) Activities carried out relating to the 

14 education of members of the Coast Guard who 

15 are engaged in missions in which they are sus16 ceptible to injuries that may result in qualifica17 tion for combat-related special compensation, 

18 including flight school, the National Motor Life19 boat School, deployable special forces, and other 

20 training programs as the Commandant con21 siders appropriate. 

22 (C) Activities carried out relating to train23 ing physicians and physician assistants em24 ployed by the Coast Guard, or otherwise sta25 tioned in Coast Guard clinics, sickbays, or other 


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1 locations at which medical care is provided to 

2 members of the Coast Guard, for the purpose 

3 of ensuring, during medical examinations, ap4 propriate counseling and documentation of 

5 symptoms, injuries, and the associated incident 

6 that resulted in such injuries. 

7 (D) Activities relating to the notification of 

8 heath service officers with respect to the com9 bat-related special compensation program. 

10 (4) The written guidance provided to members 

11 of the Coast Guard regarding necessary record12 keeping to ensure eligibility for benefits under such 

13 program. 

14 (5) Any other matter relating to combat-related 

15 special compensation the Commandant considers ap16 propriate. 

17 (c) DISABILITY DUE TO CHEMICAL OR HAZARDOUS

18 MATERIAL EXPOSURE.—Section 221(a)(2) of the Coast 

19 Guard Reauthorization Act of 2015 (Public Law 114–120; 

20 10 U.S.C. 1413a note) is amended, in the matter pre21 ceding subparagraph (A)— 

22 (1) by striking ‘‘and hazardous’’ and inserting 

23 ‘‘, hazardous’’; and 

24 (2) by inserting ‘‘, or a duty in which chemical 

25 or other hazardous material exposure has occurred 


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1 (such as during marine inspections or pollution re2 sponse activities)’’ after ‘‘surfman)’’. 

3 SEC. 406. RESTORATION OF AMOUNTS IMPROPERLY WITH4 HELD FOR TAX PURPOSES FROM SEVERANCE 

5 PAYMENTS TO VETERANS OF THE COAST 

6 GUARD WITH COMBAT-RELATED INJURIES. 

7 (a) APPLICATION TO MEMBERS OF THE COAST

8 GUARD WHEN THE COAST GUARD IS NOT OPERATING

9 AS A SERVICE IN THE DEPARTMENT OF THE NAVY.—The 

10 Combat-Injured Veterans Tax Fairness Act of 2016 (Pub11 lic Law 114–292; 10 U.S.C. 1212 note) is amended— 

12 (1) in section 3— 

13 (A) in subsection (a)— 

14 (i) in the matter preceding paragraph 

15 (1), by inserting ‘‘(and the Secretary of 

16 Homeland Security, with respect to the 

17 Coast Guard when it is not operating as a 

18 service in the Department of the Navy, 

19 and the Secretary of Transportation, with 

20 respect to the Coast Guard during the pe21 riod in which it was operating as a service 

22 in the Department of Transportation), in 

23 coordination with the Secretary of the 

24 Treasury,’’ after ‘‘the Secretary of De25 fense’’; 


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1 (ii) in paragraph (1)(A)— 

2 (I) in clause (i), by striking ‘‘the 

3 Secretary’’ and inserting ‘‘the Sec4 retary of Defense (or the Secretary of 

5 Homeland Security or the Secretary 

6 of Transportation, with respect to the 

7 Coast Guard, as applicable)’’; 

8 (II) in clause (ii), by striking 

9 ‘‘the Secretary’’ and inserting ‘‘the 

10 Secretary of Defense (or the Secretary 

11 of Homeland Security or the Sec12 retary of Transportation, with respect 

13 to the Coast Guard, as applicable)’’; 

14 and 

15 (III) in clause (iv), striking ‘‘the 

16 Secretary’’ and inserting ‘‘the Sec17 retary of Defense (or the Secretary of 

18 Homeland Security or the Secretary 

19 of Transportation, with respect to the 

20 Coast Guard, as applicable)’’; and 

21 (iii) in paragraph (2), by amending 

22 subparagraph (B) to read as follows: 

23 ‘‘(B) instructions for— 


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1 ‘‘(i) filing amended tax returns to re2 cover the amounts improperly withheld for 

3 tax purposes; and 

4 ‘‘(ii) requesting standard refund 

5 amounts described in subsection (b).’’; 

6 (B) by redesignating subsection (b) as sub7 section (c); and 

8 (C) by inserting after subsection (a) the 

9 following: 

10 ‘‘(b) STANDARD REFUND AMOUNTS DESCRIBED.— 

11 The standard refund amounts described in this subsection 

12 are— 

13 ‘‘(1) $1,750 for tax years 1991 through 2005; 

14 ‘‘(2) $2,400 for tax years 2006 through 2010; 

15 and 

16 ‘‘(3) $3,200 for tax years 2011 through 2016.’’; 

17 (2) in section 4— 

18 (A) in the section heading, by inserting 

19 ‘‘AND THE SECRETARY OF THE DEPART20 MENT IN WHICH THE COAST GUARD IS OP21 ERATING’’ after ‘‘SECRETARY OF DE22 FENSE’’; 

23 (B) by inserting ‘‘(and the Secretary of the 

24 Department in which the Coast Guard is oper25 ating when it is not operating as a service in 


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1 the Department of the Navy), in coordination 

2 with the Secretary of the Treasury,’’ after ‘‘The 

3 Secretary of Defense’’; and 

4 (C) by striking ‘‘made by the Secretary’’ 

5 and inserting ‘‘made by the Secretary of De6 fense (and the Secretary of the Department in 

7 which the Coast Guard is operating with re8 spect to the Coast Guard)’’; and 

9 (3) in section 5— 

10 (A) in subsection (a)— 

11 (i) by inserting ‘‘(and the Secretary of 

12 the Department in which the Coast Guard 

13 is operating, with respect to the Coast 

14 Guard when it is not operating as a service 

15 in the Department of the Navy, and the 

16 Secretary of Transportation, with respect 

17 to the Coast Guard during the period in 

18 which it was operating as a service in the 

19 Department of Transportation)’’ after ‘‘the 

20 Secretary of Defense’’; and 

21 (ii) by striking ‘‘the Secretary to’’ and 

22 inserting ‘‘the Secretary of Defense (or the 

23 Secretary of Homeland Security or the 

24 Secretary of Transportation, with respect 

25 to the Coast Guard, as applicable) to’’; and 


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1 (B) in subsection (b)— 

2 (i) in paragraph (2), by striking ‘‘the 

3 Secretary’’ and inserting ‘‘the Secretary of 

4 Defense (or the Secretary of Homeland Se5 curity or the Secretary of Transportation, 

6 with respect to the Coast Guard, as appli7 cable)’’; and 

8 (ii) in paragraph (3), by striking ‘‘the 

9 Secretary’’ and inserting ‘‘the Secretary of 

10 Defense (or the Secretary of Homeland Se11 curity, with respect to the Coast Guard 

12 when it is not operating as a service in the 

13 Department of the Navy)’’. 

14 (b) DEADLINES.— 

15 (1) IDENTIFICATION OF AMOUNTS IMPROPERLY

16 WITHHELD AND REPORTING.—The Secretary of 

17 Homeland Security and the Secretary of Transpor18 tation, in coordination with the Secretary of the 

19 Treasury, shall carry out the requirements under— 

20 (A) section 3(a) of the Combat-Injured 

21 Veterans Tax Fairness Act of 2016 (Public 

22 Law 114–292; 10 U.S.C. 1212 note), as 

23 amended by subsection (a)(1)(A), not later than 

24 1 year after the date of the enactment of this 

25 Act; and 


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1 (B) section 5 of that Act, as amended by 

2 subsection (a)(3), not later than 1 year after 

3 the date of the enactment of this Act. 

4 (2) ENSURING AMOUNTS ARE NOT IMPROPERLY

5 WITHHELD.—The Secretary of Homeland Security 

6 shall carry out the requirements under section 4 of 

7 the Combat-Injured Veterans Tax Fairness Act of 

8 2016 (Public Law 114–292; 10 U.S.C. 1212 note), 

9 as amended by subsection (a)(2), beginning on the 

10 date of the enactment of this Act. 

11 SEC. 407. MODIFICATION OF BASIC NEEDS ALLOWANCE 

12 FOR MEMBERS OF THE COAST GUARD. 

13 (a) IN GENERAL.—Section 402b of title 37, United 

14 States Code, is amended— 

15 (1) by redesignating subsections (h) through (k) 

16 as subsections (i) through (l), respectively; and 

17 (2) by inserting after subsection (g) the fol18 lowing: 

19 ‘‘(h) SPECIAL RULE FOR MEMBERS OF COAST

20 GUARD.— 

21 ‘‘(1) IN GENERAL.—In the case of a member of 

22 the Coast Guard, the Secretary concerned shall— 

23 ‘‘(A) determine under subsection (f) wheth24 er the member is eligible under subsection (b) 

25 for the allowance under subsection (a); and 


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1 ‘‘(B) if the Secretary concerned determines 

2 a member is eligible for the allowance, pay the 

3 allowance to the member unless the member 

4 elects not to receive the allowance. 

5 ‘‘(2) ATTESTATION OF INCOME.—A member of 

6 the Coast Guard is not required to submit an appli7 cation under subsection (e) to receive the allowance 

8 under subsection (a), but not less frequently than bi9 ennially, the member shall submit to the Secretary 

10 concerned an attestation that the gross household 

11 income of the member does not exceed the amount 

12 described in subsection (b)(2). 

13 ‘‘(3) ELECTRONIC PROCESS.—The Secretary 

14 concerned shall establish an electronic process pur15 suant to which a member of the Coast Guard may— 

16 ‘‘(A) elect under paragraph (1)(B) not to 

17 receive the allowance; or 

18 ‘‘(B) submit an attestation under para19 graph (2).’’. 

20 (b) CONFORMING AMENDMENTS.—Such section is 

21 further amended— 

22 (1) in subsection (e)— 

23 (A) in paragraphs (1) and (2), by striking 

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1 ing ‘‘Except as provided by subsection (h), a 

2 member’’; and 

3 (B) in paragraph (4)(B)— 

4 (i) by striking ‘‘that the member’’ and 

5 inserting the following: ‘‘that— 

6 ‘‘(i) the member’’; 

7 (ii) by striking the period at the end 

8 and inserting ‘‘; or’’; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(ii) in the case of a member of the 

12 Coast Guard, that the member may receive 

13 the allowance as provided by subsection 

14 (h).’’; and 

15 (2) in subsection (g)(2), by striking ‘‘A mem16 ber’’ and inserting ‘‘Except as provided by sub17 section (h), a member’’. 

18 SEC. 408. STUDY ON FOOD SECURITY. 

19 (a) STUDY.— 

20 (1) IN GENERAL.—The Commandant shall con21 duct a study on food insecurity among members of 

22 the Coast Guard. 

23 (2) ELEMENTS.—The study required by para24 graph (1) shall include the following: 


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1 (A) An analysis of the impact of food 

2 deserts on members of the Coast Guard, and 

3 their dependents, who live in areas with high 

4 costs of living, including areas with high-density 

5 populations and rural areas. 

6 (B) A comparison of— 

7 (i) the current method used by the 

8 Commandant to determine which areas are 

9 considered to be high cost-of-living areas; 

10 (ii) local-level indicators used by the 

11 Bureau of Labor Statistics to determine 

12 cost of living that indicate buying power 

13 and consumer spending in specific geo14 graphic areas; and 

15 (iii) indicators of cost of living used 

16 by the Department of Agriculture in mar17 ket basket analyses, and other measures of 

18 local and regional food costs. 

19 (C) An assessment of the accuracy of the 

20 method and indicators described in subpara21 graph (B) in quantifying high cost of living in 

22 low-data and remote areas. 

23 (D) An assessment of the manner in which 

24 data accuracy and availability affect the accu25 racy of cost-of-living allowance calculations and 


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1 other benefits, as the Commandant considers 

2 appropriate. 

3 (E) Recommendations— 

4 (i) to improve access to high-quality, 

5 affordable food within a reasonable dis6 tance of Coast Guard units located in 

7 areas identified as food deserts; 

8 (ii) to reduce transit costs for mem9 bers of the Coast Guard and their depend10 ents who are required to travel to access 

11 high-quality, affordable food; and 

12 (iii) for improving the accuracy of 

13 such calculations. 

14 (F) The estimated costs of implementing 

15 each recommendation made under subpara16 graph (E). 

17 (b) PLAN.— 

18 (1) IN GENERAL.—The Commandant shall de19 velop a detailed plan to implement the recommenda20 tions of the study conducted under subsection (a). 

21 (2) REPORT.—Not later than 1 year after the 

22 date of the enactment of this Act, the Commandant 

23 shall provide to the Committee on Commerce, 

24 Science, and Transportation of the Senate and the 

25 Committee on Transportation and Infrastructure of 


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1 the House of Representatives a briefing on the plan 

2 required by paragraph (1), including the cost of im3 plementation, proposals for legislative change, and 

4 any other result of the study the Commandant con5 siders appropriate. 

6 (c) FOOD DESERT DEFINED.—In this section, the 

7 term ‘‘food desert’’ means an area, as determined by the 

8 Commandant, in which it is difficult to obtain affordable, 

9 high-quality fresh food in the immediate area in which 

10 members of the Coast Guard serve and reside. 

11 Subtitle B—Healthcare 

12 SEC. 421. DEVELOPMENT OF MEDICAL STAFFING STAND13 ARDS FOR THE COAST GUARD. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of the enactment of this Act, the Commandant, in 

16 consultation with the Defense Health Agency and any 

17 healthcare expert the Commandant considers appropriate, 

18 shall develop medical staffing standards for the Coast 

19 Guard consistent with the recommendations of the Comp20 troller General of the United States set forth in the report 

21 entitled ‘‘Coast Guard Health Care: Improvements Needed 

22 for Determining Staffing Needs and Monitoring Access to 

23 Care’’ published in February 2022. 


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1 (b) INCLUSIONS.—The standards required by sub2 section (a) shall address and take into consideration the 

3 following: 

4 (1) Current and future operations of healthcare 

5 personnel in support of Department of Homeland 

6 Security missions, including surge deployments for 

7 incident response. 

8 (2) Staffing standards for specialized providers, 

9 such as flight surgeons, dentists, behavioral health 

10 specialists, and physical therapists. 

11 (3) Staffing levels of medical, dental, and be12 havioral health providers for the Coast Guard who 

13 are— 

14 (A) members of the Coast Guard; 

15 (B) assigned to the Coast Guard from the 

16 Public Health Service; 

17 (C) Federal civilian employees; or 

18 (D) contractors hired by the Coast Guard 

19 to fill vacancies. 

20 (4) Staffing levels at medical facilities for Coast 

21 Guard units in remote locations. 

22 (5) Any discrepancy between medical staffing 

23 standards of the Department of Defense and medical 

24 staffing standards of the Coast Guard. 


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1 (c) REVIEW.—Not later than 90 days after the staff2 ing standards required by subsection (a) are completed, 

3 the Commandant shall submit the standards to the Comp4 troller General, who shall review the standards and pro5 vide recommendations to the Commandant. 

6 (d) REPORT TO CONGRESS.—Not later than 180 days 

7 after developing such standards, the Commandant shall 

8 submit to the Committee on Commerce, Science, and 

9 Transportation of the Senate and the Committee on 

10 Transportation and Infrastructure of the House of Rep11 resentatives a report on the standards developed under 

12 subsection (a) that includes a plan and a description of 

13 the resources and budgetary needs required to implement 

14 the standards. 

15 (e) MODIFICATION, IMPLEMENTATION, AND PERI16 ODIC UPDATES.—The Commandant shall— 

17 (1) modify such standards as necessary based 

18 on the recommendations provided under subsection 

19 (c); 

20 (2) implement the standards; and 

21 (3) review and update the standards not less 

22 frequently than every 4 years. 


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1 SEC. 422. HEALTHCARE SYSTEM REVIEW AND STRATEGIC 

2 PLAN. 

3 (a) IN GENERAL.—Not later than 270 days after the 

4 completion of the studies conducted by the Comptroller 

5 General of the United States under sections 8259 and 

6 8260 of the William M. (Mac) Thornberry National De7 fense Authorization Act of Fiscal Year 2021 (Public Law 

8 116–283; 134 Stat. 4679), the Commandant shall— 

9 (1) conduct a comprehensive review of the 

10 Coast Guard healthcare system; and 

11 (2) develop a strategic plan for improvements 

12 to, and modernization of, such system to ensure ac13 cess to high-quality, timely healthcare for members 

14 of the Coast Guard, their dependents, and applicable 

15 Coast Guard retirees. 

16 (b) PLAN.— 

17 (1) IN GENERAL.—The strategic plan developed 

18 under subsection (a) shall seek— 

19 (A) to maximize the medical readiness of 

20 members of the Coast Guard; 

21 (B) to optimize delivery of healthcare bene22 fits; 

23 (C) to ensure high-quality training of 

24 Coast Guard medical personnel; and 

25 (D) to prepare for the future needs of the 

26 Coast Guard. 


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1 (2) ELEMENTS.—The plan shall address, at a 

2 minimum, the following: 

3 (A) Improving access to healthcare for 

4 members of the Coast Guard, their dependents, 

5 and applicable Coast Guard retirees. 

6 (B) Quality of care. 

7 (C) The experience and satisfaction of 

8 members of the Coast Guard and their depend9 ents with the Coast Guard healthcare system. 

10 (D) The readiness of members of the Coast 

11 Guard and medical personnel. 

12 (c) ADVISORY COMMITTEE.— 

13 (1) ESTABLISHMENT.—The Commandant shall 

14 establish an advisory committee to conduct a com15 prehensive review of the Coast Guard healthcare sys16 tem (referred to in this section as the ‘‘Advisory 

17 Committee’’). 

18 (2) MEMBERSHIP.— 

19 (A) COMPOSITION.—The Advisory Com20 mittee shall be composed of members selected 

21 by the Commandant, including— 

22 (i) 1 or more members of the uni23 formed services (as defined in section 101 

24 of title 10, United States Code) or Federal 

25 employees with expertise in— 


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1 (I) the medical, dental, phar2 macy, behavioral health, or reproduc3 tive health fields; or 

4 (II) any other field the Com5 mandant considers appropriate; 

6 (ii) a representative of the Defense 

7 Health Agency; and 

8 (iii) a medical representative from 

9 each Coast Guard district. 

10 (3) CHAIRPERSON.—The chairperson of the Ad11 visory Committee shall be the Director of the 

12 Health, Safety, and Work Life Directorate of the 

13 Coast Guard. 

14 (4) STAFF.—The Advisory Committee shall be 

15 staffed by employees of the Coast Guard. 

16 (5) REPORT TO COMMANDANT.—Not later than 

17 1 year after the Advisory Committee is established, 

18 the Advisory Committee shall submit to the Com19 mandant a report that— 

20 (A) taking into consideration the medical 

21 staffing standards developed under section 421, 

22 assesses the recommended medical staffing 

23 standards set forth in the Comptroller General 

24 study required by section 8260 of the William 

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1 ization Act for Fiscal Year 2021 (Public Law 

2 116–283; 134 Stat. 4679), and compares such 

3 standards to the medical staffing standards of 

4 the Department of Defense and the private sec5 tor; 

6 (B) addresses improvements needed to en7 sure continuity of care for members of the 

8 Coast Guard, including by evaluating the feasi9 bility of having a dedicated primary care man10 ager for each such member while the member is 

11 stationed at a duty station; 

12 (C) evaluates the effects of increased surge 

13 deployments of medical personnel on staffing 

14 needs at Coast Guard clinics; 

15 (D) identifies ways to improve access to 

16 care for members of the Coast Guard and their 

17 dependents who are stationed in remote areas, 

18 including methods to expand access to providers 

19 in the available network; 

20 (E) identifies ways the Coast Guard may 

21 better use Department of Defense Medical 

22 Health System resources for members of the 

23 Coast Guard, their dependents, and applicable 

24 retirees; 


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1 (F) identifies barriers to participation in 

2 the Coast Guard healthcare system and ways 

3 the Coast Guard may better use patient feed4 back to improve quality of care at Coast Guard5 owned facilities, military treatment facilities, 

6 and specialist referrals; 

7 (G) includes recommendations to improve 

8 the Coast Guard healthcare system; and 

9 (H) any other matter the Commandant or 

10 the Advisory Committee considers appropriate. 

11 (d) REPORT TO CONGRESS.—Not later than 2 years 

12 after the date of the enactment of this Act, the Com13 mandant shall submit to the Committee on Commerce, 

14 Science, and Transportation of the Senate and the Com15 mittee on Transportation and Infrastructure of the House 

16 of Representatives— 

17 (1) the strategic plan for the Coast Guard med18 ical system required by subsection (a); 

19 (2) the report of the Advisory Committee sub20 mitted to the Commandant under subsection (c); 

21 and 

22 (3) a description of the manner in which the 

23 Commandant plans to implement the recommenda24 tions of the Advisory Committee. 


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1 SEC. 423. DATA COLLECTION AND ACCESS TO CARE. 

2 (a) IN GENERAL.—Not later than 180 days after the 

3 date of the enactment of this Act, the Commandant, in 

4 consultation with the Defense Health Agency and any 

5 healthcare expert the Commandant considers appropriate, 

6 shall develop a policy to require the collection of data re7 garding access by members of the Coast Guard and their 

8 dependents to medical, dental, and behavioral healthcare 

9 as recommended by the Comptroller General of the United 

10 States in the report entitled ‘‘Coast Guard Health Care: 

11 Improvements Needed for Determining Staffing Needs 

12 and Monitoring Access to Care’’ published in February 

13 2022. 

14 (b) ELEMENTS.—The policy required by subsection 

15 (a) shall address the following: 

16 (1) Methods to collect data on access to care 

17 for— 

18 (A) routine annual physical health assess19 ments; 

20 (B) flight physicals for aviators or prospec21 tive aviators; 

22 (C) sick call; 

23 (D) injuries; 

24 (E) dental health; and 

25 (F) behavioral health conditions. 


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1 (2) Collection of data on access to care for re2 ferrals. 

3 (3) Collection of data on access to care for 

4 members of the Coast Guard stationed at remote 

5 units, aboard Coast Guard cutters, and on deploy6 ments. 

7 (4) Use of the electronic health record system 

8 to improve data collection on access to care. 

9 (5) Use of data for addressing the standards of 

10 care, including time between requests for appoint11 ments and actual appointments, including appoint12 ments made with referral services. 

13 (c) REVIEW BY COMPTROLLER GENERAL.— 

14 (1) SUBMISSION.—Not later than 15 days after 

15 the policy is developed under subsection (a), the 

16 Commandant shall submit the policy to the Comp17 troller General of the United States. 

18 (2) REVIEW.—Not later than 180 days after re19 ceiving the policy, the Comptroller General shall re20 view the policy and provide recommendations to the 

21 Commandant. 

22 (3) MODIFICATION.—Not later than 60 days 

23 after receiving the recommendations of the Comp24 troller General, the Commandant shall modify the 

25 policy as necessary based on such recommendations. 


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1 (d) PUBLICATION AND REPORT TO CONGRESS.—Not 

2 later than 90 days after the policy is modified under sub3 section (c)(3), the Commandant shall— 

4 (1) publish the policy on a publicly accessible 

5 internet website of the Coast Guard; and 

6 (2) submit to the Committee on Commerce, 

7 Science, and Transportation of the Senate and the 

8 Committee on Transportation and Infrastructure of 

9 the House of Representatives a report on the policy 

10 and the manner in which the Commandant plans to 

11 address access-to-care deficiencies. 

12 (e) PERIODIC UPDATES.—Not less frequently than 

13 every 5 years, the Commandant shall review and update 

14 the policy. 

15 SEC. 424. BEHAVIORAL HEALTH POLICY. 

16 (a) SENSE OF CONGRESS.—It is the sense of Con17 gress that— 

18 (1) members of the Coast Guard— 

19 (A) are exposed to high-risk and often 

20 stressful duties; and 

21 (B) should be encouraged to seek appro22 priate medical treatment and professional guid23 ance; and 

24 (2) after treatment for behavioral health condi25 tions, many members of the Coast Guard should be 


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1 allowed to resume service in the Coast Guard if 

2 they— 

3 (A) are able to do so without persistent 

4 duty modifications; and 

5 (B) do not pose a risk to themselves or 

6 other members of the Coast Guard. 

7 (b) INTERIM BEHAVIORAL HEALTH POLICY.— 

8 (1) IN GENERAL.—Not later than 180 days 

9 after the date of the enactment of this Act, the 

10 Commandant shall establish an interim behavioral 

11 health policy for members of the Coast Guard that 

12 is in parity with section 5.28 (relating to behavioral 

13 health) of Department of Defense Instruction 

14 6130.03, volume 2, ‘‘Medical Standards for Military 

15 Service: Retention’’. 

16 (2) TERMINATION.—The interim policy estab17 lished under paragraph (1) shall remain in effect 

18 until the date on which the Commandant issues a 

19 permanent behavioral health policy for members of 

20 the Coast Guard. 

21 (c) PERMANENT POLICY.—In developing a perma22 nent policy with respect to retention and behavioral health, 

23 the Commandant shall ensure that, to the extent prac24 ticable, the policy of the Coast Guard is in parity with 

25 section 5.28 (relating to behavioral health) of Department 


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1 of Defense Instruction 6130.03, volume 2, ‘‘Medical 

2 Standards for Military Service: Retention’’. 

3 SEC. 425. MEMBERS ASSERTING POST-TRAUMATIC STRESS 

4 DISORDER OR TRAUMATIC BRAIN INJURY. 

5 (a) IN GENERAL.—Subchapter I of chapter 25 of title 

6 14, United States Code, is amended by adding at the end 

7 the following: 

8 ‘‘§ 2515. Members asserting post-traumatic stress dis9 order or traumatic brain injury 

10 ‘‘(a) MEDICAL EXAMINATION REQUIRED.—(1) The 

11 Secretary shall ensure that a member of the Coast Guard 

12 who has performed Coast Guard operations or has been 

13 sexually assaulted during the preceding 2-year period, and 

14 who is diagnosed by an appropriate licensed or certified 

15 healthcare professional as experiencing post-traumatic 

16 stress disorder or traumatic brain injury or who otherwise 

17 alleges, based on the service of the member or based on 

18 such sexual assault, the influence of such a condition, re19 ceives a medical examination to evaluate a diagnosis of 

20 post-traumatic stress disorder or traumatic brain injury. 

21 ‘‘(2) A member described in paragraph (1) shall not 

22 be administratively separated under conditions other than 

23 honorable, including an administrative separation in lieu 

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1 sible for evaluating, reviewing, and approving the separa2 tion case, as determined by the Secretary. 

3 ‘‘(3)(A) In a case involving post-traumatic stress dis4 order, the medical examination shall be— 

5 ‘‘(i) performed by— 

6 ‘‘(I) a board-certified or board-eligible psy7 chiatrist; or 

8 ‘‘(II) a licensed doctorate-level psycholo9 gist; or 

10 ‘‘(ii) performed under the close supervision of— 

11 ‘‘(I) a board-certified or board-eligible psy12 chiatrist; or 

13 ‘‘(II) a licensed doctorate-level psycholo14 gist, a doctorate-level mental health provider, a 

15 psychiatry resident, or a clinical or counseling 

16 psychologist who has completed a 1-year intern17 ship or residency. 

18 ‘‘(B) In a case involving traumatic brain injury, the 

19 medical examination shall be performed by a physiatrist, 

20 psychiatrist, neurosurgeon, or neurologist. 

21 ‘‘(b) PURPOSE OF MEDICAL EXAMINATION.—The 

22 medical examination required by subsection (a) shall as23 sess whether the effects of mental or neurocognitive dis24 orders, including post-traumatic stress disorder and trau25 matic brain injury, constitute matters in extenuation that 


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1 relate to the basis for administrative separation under con2 ditions other than honorable or the overall characteriza3 tion of the service of the member as other than honorable. 

4 ‘‘(c) INAPPLICABILITY TO PROCEEDINGS UNDER

5 UNIFORM CODE OF MILITARY JUSTICE.—The medical ex6 amination and procedures required by this section do not 

7 apply to courts-martial or other proceedings conducted 

8 pursuant to the Uniform Code of Military Justice. 

9 ‘‘(d) COAST GUARD OPERATIONS DEFINED.—In this 

10 section, the term ‘Coast Guard operations’ has the mean11 ing given that term in section 888(a) of the Homeland 

12 Security Act of 2002 (6 U.S.C. 468(a)).’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for sub14 chapter I of chapter 25 of title 14, United States Code, 

15 is amended by adding at the end the following: 

‘‘2515. Members asserting post-traumatic stress disorder or traumatic brain injury.’’. 

16 SEC. 426. IMPROVEMENTS TO THE PHYSICAL DISABILITY 

17 EVALUATION SYSTEM AND TRANSITION PRO18 GRAM. 

19 (a) TEMPORARY POLICY.—Not later than 60 days 

20 after the date of the enactment of this Act, the Com21 mandant shall develop a temporary policy that— 

22 (1) improves timeliness, communication, and 

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1 going the Physical Disability Evaluation System, or 

2 a related formal or informal process; 

3 (2) affords maximum career transition benefits 

4 to members of the Coast Guard determined by a 

5 Medical Evaluation Board to be unfit for retention 

6 in the Coast Guard; and 

7 (3) maximizes the potential separation and ca8 reer transition benefits for members of the Coast 

9 Guard undergoing the Physical Disability Evaluation 

10 System, or a related formal or informal process. 

11 (b) ELEMENTS.—The policy required by subsection 

12 (a) shall include the following: 

13 (1) A requirement that any member of the 

14 Coast Guard who is undergoing the Physical Dis15 ability Evaluation System, or a related formal or in16 formal process, shall be placed in a duty status that 

17 allows the member the opportunity to attend nec18 essary medical appointments and other activities re19 lating to the Physical Disability Evaluation System, 

20 including completion of any application of the De21 partment of Veterans Affairs and career transition 

22 planning. 

23 (2) In the case of a Medical Evaluation Board 

24 report that is not completed within 120 days after 

25 the date on which an evaluation by the Medical 


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1 Evaluation Board was initiated, the option for such 

2 a member to enter permissive duty status. 

3 (3) A requirement that the date of initiation of 

4 an evaluation by a Medical Evaluation Board shall 

5 include the date on which any verbal or written af6 firmation is made to the member, command, or med7 ical staff that the evaluation by the Medical Evalua8 tion Board has been initiated. 

9 (4) An option for such member to seek an in10 ternship under the SkillBridge program established 

11 under section 1143(e) of title 10, United States 

12 Code, and outside employment aimed at improving 

13 the transition of the member to civilian life, only if 

14 such an internship or employment does not interfere 

15 with necessary medical appointments required for 

16 the member’s physical disability evaluation. 

17 (5) A requirement that not less than 21 days 

18 notice shall be provided to such a member for any 

19 such medical appointment, to the maximum extent 

20 practicable, to ensure that the appointment timeline 

21 is in the best interests of the immediate health of 

22 the member. 

23 (6) A requirement that the Coast Guard shall 

24 provide such a member with a written separation 

25 date upon the completion of a Medical Evaluation 


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1 Board report that finds the member unfit to con2 tinue active duty. 

3 (7) To provide certainty to such a member with 

4 respect to a separation date, a policy that ensures— 

5 (A) that accountability measures are in 

6 place with respect to Coast Guard delays 

7 throughout the Physical Disability Evaluation 

8 System, including— 

9 (i) placement of the member in an ex10 cess leave status after 270 days have 

11 elapsed since the date of initiation of an 

12 evaluation by a Medical Evaluation Board 

13 by any competent authority; and 

14 (ii) a calculation of the costs to retain 

15 the member on active duty, including the 

16 pay, allowances, and other associated bene17 fits of the member, for the period begin18 ning on the date that is 90 days after date 

19 of initiation of an evaluation by a Medical 

20 Evaluation Board by any competent au21 thority and ending on the date on which 

22 the member is separated from the Coast 

23 Guard; and 

24 (B) the availability of administrative solu25 tions to any such delay. 


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1 (8) With respect to a member of the Coast 

2 Guard on temporary limited duty status, an option 

3 to remain in the member’s current billet, to the max4 imum extent practicable, or to be transferred to a 

5 different active-duty billet, so as to minimize any 

6 negative impact on the member’s career trajectory. 

7 (9) A requirement that each respective com8 mand shall report to the Coast Guard Personnel 

9 Service Center any delay of more than 21 days be10 tween each stage of the Physical Disability Evalua11 tion System for any such member, including between 

12 stages of the processes, the Medical Evaluation 

13 Board, the Informal Physical Evaluation Board, and 

14 the Formal Physical Evaluation Board. 

15 (10) A requirement that, not later than 7 days 

16 after receipt of a report of a delay described in para17 graph (9), the Personnel Service Center shall take 

18 corrective action, which shall ensure that the Coast 

19 Guard exercises maximum discretion to continue the 

20 Physical Disability Evaluation System of such a 

21 member in a timely manner, unless such delay is 

22 caused by the member. 

23 (11) A requirement that— 

24 (A) a member of the Coast Guard shall be 

25 allowed to make a request for a reasonable 


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1 delay in the Physical Disability Evaluation Sys2 tem to obtain additional input and consultation 

3 from a medical or legal professional; and 

4 (B) any such request for delay shall be ap5 proved by the Commandant based on a showing 

6 of good cause by the member. 

7 (c) REPORT ON TEMPORARY POLICY.—Not later 

8 than 60 days after the date of the enactment of this Act, 

9 the Commandant shall submit to the Committee on Com10 merce, Science, and Transportation of the Senate and the 

11 Committee on Transportation and Infrastructure of the 

12 House of Representatives a copy of the policy developed 

13 under subsection (a). 

14 (d) PERMANENT POLICY.—Not later than 180 days 

15 after the date of the enactment of this Act, the Com16 mandant shall publish a Commandant Instruction making 

17 the policy developed under subsection (a) a permanent pol18 icy of the Coast Guard. 

19 (e) BRIEFING.—Not later than 1 year after the date 

20 of the enactment of this Act, the Commandant shall pro21 vide the Committee on Commerce, Science, and Transpor22 tation of the Senate and the Committee on Transportation 

23 and Infrastructure of the House of Representatives a 

24 briefing on, and a copy of, the permanent policy. 

25 (f) ANNUAL REPORT ON COSTS.— 


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1 (1) IN GENERAL.—Not less frequently than an2 nually, the Commandant shall submit to the Com3 mittee on Commerce, Science, and Transportation of 

4 the Senate and the Committee on Transportation 

5 and Infrastructure of the House of Representatives 

6 a report that, for the preceding fiscal year— 

7 (A) details the total aggregate service-wide 

8 costs described in subsection (b)(7)(A)(ii) for 

9 members of the Coast Guard whose Physical 

10 Disability Evaluation System process has ex11 ceeded 90 days; and 

12 (B) includes for each such member— 

13 (i) an accounting of such costs; and 

14 (ii) the number of days that elapsed 

15 between the initiation and completion of 

16 the Physical Disability Evaluation System 

17 process. 

18 (2) PERSONALLY IDENTIFIABLE INFORMA19 TION.—A report under paragraph (1) shall not in20 clude the personally identifiable information of any 

21 member of the Coast Guard. 

22 SEC. 427. EXPANSION OF ACCESS TO COUNSELING. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 date of the enactment of this Act, the Commandant shall 


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1 hire, train, and deploy not fewer than an additional 5 be2 havioral health specialists. 

3 (b) REQUIREMENT.—Through the hiring process re4 quired by subsection (a), the Commandant shall ensure 

5 that at least 35 percent of behavioral health specialists 

6 employed by the Coast Guard have experience in behav7 ioral healthcare for the purpose of supporting members 

8 of the Coast Guard with fertility, infertility, pregnancy, 

9 miscarriage, child loss, postpartum depression, and related 

10 counseling needs. 

11 (c) ACCESSIBILITY.—The support provided by the be12 havioral health specialists described in subsection (a)— 

13 (1) may include care delivered via telemedicine; 

14 and 

15 (2) shall be made widely available to members 

16 of the Coast Guard. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

18 amounts authorized to be appropriated under section 

19 4902(1)(A) of title 14, United States Code, as amended 

20 by section 101 of this Act, $2,000,000 shall be made avail21 able to the Commandant for each of fiscal years 2023 and 

22 2024 to carry out this section. 


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1 SEC. 428. EXPANSION OF POSTGRADUATE OPPORTUNITIES 

2 FOR MEMBERS OF THE COAST GUARD IN 

3 MEDICAL AND RELATED FIELDS. 

4 (a) IN GENERAL.—The Commandant shall expand 

5 opportunities for members of the Coast Guard to secure 

6 postgraduate degrees in medical and related professional 

7 disciplines for the purpose of supporting Coast Guard clin8 ics and operations. 

9 (b) MILITARY TRAINING STUDENT LOADS.—Section 

10 4904(b)(3) of title 14, United States Code, is amended 

11 by striking ‘‘350’’ and inserting ‘‘385’’. 

12 SEC. 429. STUDY ON COAST GUARD TELEMEDICINE PRO13 GRAM. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of the enactment of this Act, the Comptroller General 

16 of the United States shall commence a study on the Coast 

17 Guard telemedicine program. 

18 (b) ELEMENTS.—The study required by subsection 

19 (a) shall include the following: 

20 (1) An assessment of— 

21 (A) the current capabilities and limitations 

22 of the Coast Guard telemedicine program; 

23 (B) the degree of integration of such pro24 gram with existing electronic health records; 

25 (C) the capability and accessibility of such 

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1 cessibility of the telemedicine programs of the 

2 Department of Defense and commercial medical 

3 providers; 

4 (D) the manner in which the Coast Guard 

5 telemedicine program may be expanded to pro6 vide better clinical and behavioral medical serv7 ices to members of the Coast Guard, including 

8 such members stationed at remote units or on9 board Coast Guard cutters at sea; and 

10 (E) the costs savings associated with the 

11 provision of— 

12 (i) care through telemedicine; and 

13 (ii) preventative care. 

14 (2) An identification of barriers to full use or 

15 expansion of such program. 

16 (3) A description of the resources necessary to 

17 expand such program to its full capability. 

18 (c) REPORT.—Not later than 1 year after com19 mencing the study required by subsection (a), the Comp20 troller General shall submit to the Committee on Com21 merce, Science, and Transportation of the Senate and the 

22 Committee on Transportation and Infrastructure of the 

23 House of Representatives a report on the findings of the 

24 study. 


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1 SEC. 430. STUDY ON COAST GUARD MEDICAL FACILITIES 

2 NEEDS. 

3 (a) IN GENERAL.—Not later than 270 days after the 

4 date of the enactment of this Act, the Comptroller General 

5 of the United States shall commence a study on Coast 

6 Guard medical facilities needs. 

7 (b) ELEMENTS.—The study required by subsection 

8 (a) shall include the following: 

9 (1) A current list of Coast Guard medical facili10 ties, including clinics, sickbays, and shipboard facili11 ties. 

12 (2) A summary of capital needs for Coast 

13 Guard medical facilities, including construction and 

14 repair. 

15 (3) A summary of equipment upgrade backlogs 

16 of Coast Guard medical facilities. 

17 (4) An assessment of improvements to Coast 

18 Guard medical facilities, including improvements to 

19 IT infrastructure, required to enable the Coast 

20 Guard to fully use telemedicine and implement other 

21 modernization initiatives. 

22 (5) An evaluation of the process used by the 

23 Coast Guard to identify, monitor, and construct 

24 Coast Guard medical facilities. 


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1 (6) A description of the resources necessary to 

2 fully address all Coast Guard medical facilities 

3 needs. 

4 (c) REPORT.—Not later than 1 year after com5 mencing the study required by subsection (a), the Comp6 troller General shall submit to the Committee on Com7 merce, Science, and Transportation of the Senate and the 

8 Committee on Transportation and Infrastructure of the 

9 House of Representatives a report on the findings of the 

10 study. 

11 Subtitle C—Housing 

12 SEC. 441. STRATEGY TO IMPROVE QUALITY OF LIFE AT RE13 MOTE UNITS. 

14 (a) IN GENERAL.—Not more than 180 days after the 

15 date of the enactment of this Act, the Commandant shall 

16 develop a strategy to improve the quality of life for mem17 bers of the Coast Guard and their dependents who are 

18 stationed in remote units. 

19 (b) ELEMENTS.—The strategy required by subsection 

20 (a) shall address the following: 

21 (1) Methods to improve the availability or af22 fordability of housing options for members of the 

23 Coast Guard and their dependents through— 

24 (A) Coast Guard-owned housing; 

25 (B) Coast Guard-facilitated housing; or 


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1 (C) basic allowance for housing adjust2 ments to rates that are more competitive for 

3 members of the Coast Guard seeking privately 

4 owned or privately rented housing. 

5 (2) Methods to improve access by members of 

6 the Coast Guard and their dependents to— 

7 (A) medical, dental, and pediatric care; 

8 (B) healthcare specific to women; and 

9 (C) behavioral healthcare. 

10 (3) Methods to increase access to child care 

11 services, including recommendations for increasing 

12 child care capacity and opportunities for care within 

13 the Coast Guard and in the private sector. 

14 (4) Methods to improve non-Coast Guard net15 work internet access at remote units— 

16 (A) to improve communications between 

17 families and members of the Coast Guard on 

18 active duty; and 

19 (B) for other purposes such as education 

20 and training. 

21 (5) Methods to support spouses and dependents 

22 who face challenges specific to remote locations. 

23 (6) Any other matter the Commandant con24 siders appropriate. 


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1 (c) BRIEFING.—Not later than 180 days after the 

2 strategy required by subsection (a) is completed, the Com3 mandant shall provide to the Committee on Commerce, 

4 Science, and Transportation of the Senate and the Com5 mittee on Transportation and Infrastructure of the House 

6 of Representatives a briefing on the strategy. 

7 (d) REMOTE UNIT DEFINED.—In this section, the 

8 term ‘‘remote unit’’ means a unit located in an area in 

9 which members of the Coast Guard and their dependents 

10 are eligible for TRICARE Prime Remote. 

11 SEC. 442. STUDY ON COAST GUARD HOUSING ACCESS, 

12 COST, AND CHALLENGES. 

13 (a) IN GENERAL.—Not later than 90 days after the 

14 date of the enactment of this Act, the Comptroller General 

15 of the United States shall commence a study on housing 

16 access, cost, and associated challenges facing members of 

17 the Coast Guard. 

18 (b) ELEMENTS.—The study required by subsection 

19 (a) shall include the following: 

20 (1) An assessment of— 

21 (A) the extent to which— 

22 (i) the Commandant has evaluated the 

23 sufficiency, availability, and affordability of 

24 housing options for members of the Coast 

25 Guard and their dependents; and 


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1 (ii) the Coast Guard owns and leases 

2 housing for members of the Coast Guard 

3 and their dependents; 

4 (B) the methods used by the Commandant 

5 to manage housing data, and the manner in 

6 which the Commandant uses such data— 

7 (i) to inform Coast Guard housing 

8 policy; and 

9 (ii) to guide investments in Coast 

10 Guard-owned housing capacity and other 

11 investments in housing, such as long-term 

12 leases and other options; and 

13 (C) the process used by the Commandant 

14 to gather and provide information used to cal15 culate housing allowances for members of the 

16 Coast Guard and their dependents, including 

17 whether the Commandant has established best 

18 practices to manage low-data areas. 

19 (2) An assessment as to whether it is advan20 tageous for the Coast Guard to continue to use the 

21 Department of Defense basic allowance for housing 

22 system. 

23 (3) Recommendations for actions the Com24 mandant should take to improve the availability and 


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1 affordability of housing for members of the Coast 

2 Guard and their dependents who are stationed in— 

3 (A) remote units located in areas in which 

4 members of the Coast Guard and their depend5 ents are eligible for TRICARE Prime Remote; 

6 or 

7 (B) units located in areas with a high 

8 number of vacation rental properties. 

9 (c) REPORT.—Not later than 1 year after com10 mencing the study required by subsection (a), the Comp11 troller General shall submit to the Committee on Com12 merce, Science, and Transportation of the Senate and the 

13 Committee on Transportation and Infrastructure of the 

14 House of Representatives a report on the findings of the 

15 study. 

16 (d) STRATEGY.—Not later than 180 days after the 

17 submission of the report required by subsection (c), the 

18 Commandant shall publish a Coast Guard housing strat19 egy that addresses the findings set forth in the report, 

20 which shall, at a minimum— 

21 (1) address housing inventory shortages and af22 fordability; and 

23 (2) include a Coast Guard-owned housing infra24 structure investment prioritization plan. 


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1 Subtitle D—Other Matters 

2 SEC. 451. REPORT ON AVAILABILITY OF EMERGENCY SUP3 PLIES FOR COAST GUARD PERSONNEL. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of the enactment of this Act, the Comptroller General 

6 of the United States shall submit to the Committee on 

7 Commerce, Science, and Transportation of the Senate and 

8 the Committee on Transportation and Infrastructure of 

9 the House of Representatives a report on the availability 

10 of appropriate emergency supplies at Coast Guard units. 

11 (b) ELEMENTS.—The report required by subsection 

12 (a) shall include the following: 

13 (1) An assessment of the extent to which— 

14 (A) the Commandant ensures that Coast 

15 Guard units assess risks and plan accordingly 

16 to obtain and maintain appropriate emergency 

17 supplies; and 

18 (B) Coast Guard units have emergency 

19 food and water supplies available according to 

20 local emergency preparedness needs. 

21 (2) A description of any challenge the Com22 mandant faces in planning for and maintaining ade23 quate emergency supplies for Coast Guard per24 sonnel. 


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1 (c) PUBLICATION.—Not later than 90 days after the 

2 date of submission of the report required by subsection 

3 (a), the Commandant shall publish a strategy and rec4 ommendations in response to the report that includes— 

5 (1) a plan for improving emergency prepared6 ness and emergency supplies for Coast Guard units; 

7 and 

8 (2) a process for periodic review and engage9 ment with Coast Guard units to ensure emerging 

10 emergency response supply needs are achieved and 

11 maintained. 

12 TITLE V—MARITIME 

13 Subtitle A—Vessel Safety 

14 SEC. 501. ABANDONED SEAFARER FUND AMENDMENTS. 

15 Section 11113 of title 46, United States Code, is 

16 amended— 

17 (1) in the matter preceding subparagraph (A) 

18 of subsection (a)(2), by striking ‘‘may be appro19 priated’’ and inserting ‘‘shall be available without 

20 further appropriations, and shall remain available 

21 until expended,’’; and 

22 (2) in subsection (c)— 

23 (A) in the matter preceding subparagraph 

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1 charge of 25 percent of such total amount’’, 

2 after ‘‘seafarer’’; and 

3 (B) by striking paragraph (4). 

4 SEC. 502. RECEIPTS; INTERNATIONAL AGREEMENTS FOR 

5 ICE PATROL SERVICES. 

6 Section 80301(c) of title 46, United States Code, is 

7 amended by striking the period at the end and inserting 

8 ‘‘and shall be available until expended for the purpose of 

9 the Coast Guard international ice patrol program.’’. 

10 SEC. 503. PASSENGER VESSEL SECURITY AND SAFETY RE11 QUIREMENTS. 

12 Notwithstanding any other provision of law, require13 ments authorized under sections 3509 of title 46, United 

14 States Code, shall not apply to any passenger vessel, as 

15 defined in section 2101 of such title, that— 

16 (1) carries in excess of 250 passengers; and 

17 (2) is, or was, in operation in the internal 

18 waters of the United States on voyages inside the 

19 Boundary Line, as defined in section 103 of such 

20 title, on or before July 27, 2030. 

21 SEC. 504. AT-SEA RECOVERY OPERATIONS PILOT PRO22 GRAM. 

23 (a) IN GENERAL.—The Secretary shall conduct a 

24 pilot program to evaluate the potential use of remotely 


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1 controlled or autonomous operation and monitoring of cer2 tain vessels for the purposes of— 

3 (1) better understanding the complexities of 

4 such at-sea operations and potential risks to naviga5 tion safety, vessel security, maritime workers, the 

6 public, and the environment; 

7 (2) gathering observational and performance 

8 data from monitoring the use of remotely controlled 

9 or autonomous vessels; and 

10 (3) assessing and evaluating regulatory require11 ments necessary to guide the development of future 

12 occurrences of such operations and activities. 

13 (b) DURATION AND EFFECTIVE DATE.—The dura14 tion of the pilot program established under this section 

15 shall be not more than 5 years beginning on the date on 

16 which the pilot program is established, which shall be not 

17 later than 180 days after the date of enactment of this 

18 Act. 

19 (c) AUTHORIZED ACTIVITIES.—The activities author20 ized under this section include— 

21 (1) remote over-the-horizon monitoring oper22 ations related to the active at-sea recovery of 

23 spaceflight components on an unmanned vessel or 

24 platform; 


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1 (2) procedures for the unaccompanied operation 

2 and monitoring of an unmanned spaceflight recovery 

3 vessel or platform; and 

4 (3) unmanned vessel transits and testing oper5 ations without a physical tow line related to space 

6 launch and recovery operations, except within 12 

7 nautical miles of a port. 

8 (d) INTERIM AUTHORITY.—In recognition of poten9 tial risks to navigation safety, vessel security, maritime 

10 workers, the public, and the environment, and the unique 

11 circumstances requiring the use of remotely operated or 

12 autonomous vessels, the Secretary, in the pilot program 

13 established under subsection (a), may— 

14 (1) allow remotely controlled or autonomous 

15 vessel operations to proceed consistent to the extent 

16 practicable under titles 33 and 46 of the United 

17 States Code, including navigation and manning laws 

18 and regulations; 

19 (2) modify or waive applicable regulations and 

20 guidance as the Secretary considers appropriate to— 

21 (A) allow remote and autonomous vessel 

22 at-sea operations and activities to occur while 

23 ensuring navigation safety; and 


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1 (B) ensure the reliable, safe, and secure 

2 operation of remotely controlled or autonomous 

3 vessels; and 

4 (3) require each remotely operated or autono5 mous vessel to be at all times under the supervision 

6 of 1 or more individuals— 

7 (A) holding a merchant mariner credential 

8 which is suitable to the satisfaction of the Coast 

9 Guard; and 

10 (B) who shall practice due regard for the 

11 safety of navigation of the autonomous vessel, 

12 to include collision avoidance. 

13 (e) RULE OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed to authorize the Secretary to— 

15 (1) permit foreign vessels to participate in the 

16 pilot program established under subsection (a); 

17 (2) waive or modify applicable laws and regula18 tions under titles 33 and 46 of the United States 

19 Code, except to the extent authorized under sub20 section (d)(2); or 

21 (3) waive or modify any regulations arising 

22 under international conventions. 

23 (f) SAVINGS PROVISION.—Nothing in this section 

24 may be construed to authorize the employment in the 

25 coastwise trade of a vessel or platform that does not meet 


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1 the requirements of sections 12112, 55102, 55103, and 

2 55111 of title 46, United States Code. 

3 (g) BRIEFINGS.—The Secretary or the designee of 

4 the Secretary shall brief the Committee on Commerce, 

5 Science, and Transportation of the Senate and the Com6 mittee on Transportation and Infrastructure of the House 

7 of Representatives on the program established under sub8 section (a) on a quarterly basis. 

9 (h) REPORT.—Not later than 180 days after the expi10 ration of the pilot program established under subsection 

11 (a), the Secretary shall submit to the Committee on Com12 merce, Science, and Transportation of the Senate and the 

13 Committee on Transportation and Infrastructure of the 

14 House of Representatives a final report regarding an as15 sessment of the execution of the pilot program and impli16 cations for maintaining navigation safety, the safety of 

17 maritime workers, and the preservation of the environ18 ment. 

19 (i) GAO REPORT.— 

20 (1) IN GENERAL.—Not later than 18 months 

21 after the date of enactment of this section, the 

22 Comptroller General of the United States shall sub23 mit to the Committee on Commerce, Science, and 

24 Transportation of the Senate and the Committee on 

25 Transportation and Infrastructure of the House of 


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1 Representatives a report on the state of autonomous 

2 and remote technologies in the operation of ship3 board equipment and the safe and secure navigation 

4 of vessels in Federal waters of the United States. 

5 (2) ELEMENTS.—The report required under 

6 paragraph (1) shall include the following: 

7 (A) An assessment of commercially avail8 able autonomous and remote technologies in the 

9 operation of shipboard equipment and the safe 

10 and secure navigation of vessels during the 10 

11 years immediately preceding the date of the re12 port. 

13 (B) An analysis of the safety, physical se14 curity, cybersecurity, and collision avoidance 

15 risks and benefits associated with autonomous 

16 and remote technologies in the operation of 

17 shipboard equipment and the safe and secure 

18 navigation of vessels, including environmental 

19 considerations. 

20 (C) An assessment of the impact of such 

21 autonomous and remote technologies, and all 

22 associated technologies, on labor, including— 

23 (i) roles for credentialed and 

24 noncredentialed workers regarding such 


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1 autonomous, remote, and associated tech2 nologies; and 

3 (ii) training and workforce develop4 ment needs associated with such tech5 nologies. 

6 (D) An assessment and evaluation of regu7 latory requirements necessary to guide the de8 velopment of future autonomous, remote, and 

9 associated technologies in the operation of ship10 board equipment and safe and secure naviga11 tion of vessels. 

12 (E) An assessment of the extent to which 

13 such technologies are being used in other coun14 tries and how such countries have regulated 

15 such technologies. 

16 (F) Recommendations regarding authoriza17 tion, infrastructure, and other requirements 

18 necessary for the implementation of such tech19 nologies in the United States. 

20 (3) CONSULTATION.—The report required 

21 under paragraph (1) shall include, at a minimum, 

22 consultation with the maritime industry including— 

23 (A) vessel operators, including commercial 

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1 mineral energy resources in its offshore areas, 

2 and supporting entities in the maritime indus3 try; 

4 (B) shipboard personnel impacted by any 

5 change to autonomous vessel operations, in 

6 order to assess the various benefits and risks 

7 associated with the implementation of autono8 mous, remote, and associated technologies in 

9 the operation of shipboard equipment and safe 

10 and secure navigation of vessels and the impact 

11 such technologies would have on maritime jobs 

12 and maritime manpower; and 

13 (C) relevant federally funded research in14 stitutions, non-governmental organizations, and 

15 academia. 

16 (j) DEFINITIONS.—In this section: 

17 (1) MERCHANT MARINER CREDENTIAL.—The 

18 term ‘‘merchant mariner credential’’ means a mer19 chant mariner license, certificate, or document that 

20 the Secretary is authorized to issue pursuant to title 

21 46, United States Code. 

22 (2) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of the department in which the Coast 

24 Guard is operating. 


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1 SEC. 505. EXONERATION AND LIMITATION OF LIABILITY 

2 FOR SMALL PASSENGER VESSELS. 

3 (a) RESTRUCTURING.—Chapter 305 of title 46, 

4 United States Code, is amended— 

5 (1) by inserting before section 30501 the fol6 lowing: 

7 ‘‘Subchapter I—General Provisions’’; 

8 (2) by inserting before section 30503 the fol9 lowing: 

10 ‘‘Subchapter II—Exoneration and Limitation 

11 of Liability’’; 

12 and 

13 (3) by redesignating sections 30503 through 

14 30512 as sections 30521 through 30530, respec15 tively. 

16 (b) DEFINITIONS.—Section 30501 of title 46, United 

17 States Code, is amended to read as follows: 

18 ‘‘§ 30501. Definitions 

19 ‘‘In this chapter: 

20 ‘‘(1) COVERED SMALL PASSENGER VESSEL.— 

21 The term ‘covered small passenger vessel’— 

22 ‘‘(A) means a small passenger vessel, as 

23 defined in section 2101, that is— 

24 ‘‘(i) not a wing-in-ground craft; and 

25 ‘‘(ii) carrying— 


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1 ‘‘(I) not more than 49 passengers 

2 on an overnight domestic voyage; and 

3 ‘‘(II) not more than 150 pas4 sengers on any voyage that is not an 

5 overnight domestic voyage; and 

6 ‘‘(B) includes any wooden vessel con7 structed prior to March 11, 1996, carrying at 

8 least 1 passenger for hire. 

9 ‘‘(2) OWNER.—The term ‘owner’ includes a 

10 charterer that mans, supplies, and navigates a vessel 

11 at the charterer’s own expense or by the charterer’s 

12 own procurement.’’. 

13 (c) APPLICABILITY.—Section 30502 of title 46, 

14 United States Code, is amended— 

15 (1) by striking ‘‘Except as otherwise provided’’ 

16 and inserting the following: ‘‘(a) IN GENERAL.—Ex17 cept as to covered small passenger vessels and as 

18 otherwise provided’’; 

19 (2) by striking ‘‘section 30503’’ and inserting 

20 ‘‘section 30521’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(b) APPLICATION.—Notwithstanding subsection (a), 

23 the requirements of section 30526 of this title shall apply 

24 to covered small passenger vessels.’’. 


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1 (d) PROVISIONS REQUIRING NOTICE OF CLAIM OR

2 LIMITING TIME FOR BRINGING ACTION.—Section 30526 

3 of title 46, United States Code, as redesignated by sub4 section (a), is amended— 

5 (1) in subsection (a), by inserting ‘‘and covered 

6 small passenger vessels’’ after ‘‘seagoing vessels’’; 

7 and 

8 (2) in subsection (b)— 

9 (A) in paragraph (1), by striking ‘‘6 

10 months’’ and inserting ‘‘2 years’’; and 

11 (B) in paragraph (2), by striking ‘‘one 

12 year’’ and inserting ‘‘2 years’’. 

13 (e) CHAPTER ANALYSIS.—The analysis for chapter 

14 305 of title 46, United States Code, is amended— 

15 (1) by inserting before the item relating to sec16 tion 30501 the following: 

‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; 

17 (2) by inserting after the item relating to sec18 tion 30502 the following: 

‘‘SUBCHAPTER II—EXONERATION AND LIMITATION OF LIABILITY’’; 

19 (3) by striking the item relating to section 

20 30501 and inserting the following: 

‘‘30501. Definitions.’’; 

21 and 


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1 (4) by redesignating the items relating to sec2 tions 30503 through 30512 as items relating to sec3 tions 30521 through 30530, respectively. 

4 (f) CONFORMING AMENDMENTS.—Title 46, United 

5 States Code, is further amended— 

6 (1) in section 14305(a)(5), by striking ‘‘section 

7 30506’’ and inserting ‘‘section 30524’’; 

8 (2) in section 30523(a), as redesignated by sub9 section (a), by striking ‘‘section 30506’’ and insert10 ing ‘‘section 30524’’; 

11 (3) in section 30524(b), as redesignated by sub12 section (a), by striking ‘‘section 30505’’ and insert13 ing ‘‘section 30523’’; and 

14 (4) in section 30525, as redesignated by sub15 section (a)— 

16 (A) in the matter preceding paragraph (1), 

17 by striking ‘‘sections 30505 and 30506’’ and in18 serting ‘‘sections 30523 and 30524’’; 

19 (B) in paragraph (1), by striking ‘‘section 

20 30505’’ and inserting ‘‘section 30523’’; and 

21 (C) in paragraph (2), by striking ‘‘section 

22 30506(b)’’ and inserting ‘‘section 30524(b)’’. 


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1 SEC. 506. MORATORIUM ON TOWING VESSEL INSPECTION 

2 USER FEES. 

3 Notwithstanding section 9701 of title 31, United 

4 States Code, and section 2110 of title 46 of such Code, 

5 the Secretary of the department in which the Coast Guard 

6 is operating may not charge an inspection fee for a towing 

7 vessel that has a certificate of inspection issued under sub8 chapter M of chapter I of title 46, Code of Federal Regula9 tions (or any successor regulation), and that uses the Tow10 ing Safety Management System option for compliance 

11 with such subchapter, until— 

12 (1) the completion of the review required under 

13 section 815 of the Frank LoBiondo Coast Guard 

14 Authorization Act of 2018 (14 U.S.C. 946 note; 

15 Public Law 115–282); and 

16 (2) the promulgation of regulations to establish 

17 specific inspection fees for such vessels. 

18 SEC. 507. CERTAIN HISTORIC PASSENGER VESSELS. 

19 (a) REPORT ON COVERED HISTORIC VESSELS.— 

20 (1) IN GENERAL.—Not later than 1 year after 

21 the date of enactment of this Act, the Comptroller 

22 General of the United States shall submit to the 

23 Committee on Commerce, Science, and Transpor24 tation of the Senate and the Committee on Trans25 portation and Infrastructure of the House of Rep26 resentatives a report evaluating the practicability of 


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1 the application of section 3306(n)(3)(v) of title 46, 

2 United States Code, to covered historic vessels. 

3 (2) ELEMENTS.—The report required under 

4 paragraph (1) shall include the following: 

5 (A) An assessment of the compliance, as of 

6 the date on which the report is submitted in ac7 cordance with paragraph (1), of covered historic 

8 vessels with section 3306(n)(3)(v) of title 46, 

9 United States Code. 

10 (B) An assessment of the safety record of 

11 covered historic vessels. 

12 (C) An assessment of the risk, if any, that 

13 modifying the requirements under section 

14 3306(n)(3)(v) of title 46, United States Code, 

15 would have on the safety of passengers and 

16 crew of covered historic vessels. 

17 (D) An evaluation of the economic prac18 ticability of the compliance of covered historic 

19 vessels with such section 3306(n)(3)(v) and 

20 whether that compliance would meaningfully 

21 improve safety of passengers and crew in a 

22 manner that is both feasible and economically 

23 practicable. 


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1 (E) Any recommendations to improve safe2 ty in addition to, or in lieu of, such section 

3 3306(n)(3)(v). 

4 (F) Any other recommendations as the 

5 Comptroller General determines are appropriate 

6 with respect to the applicability of such section 

7 3306(n)(3)(v) to covered historic vessels. 

8 (G) An assessment to determine if covered 

9 historic vessels could be provided an exemption 

10 to such section 3306(n)(3)(v) and what changes 

11 to legislative or rulemaking requirements, in12 cluding modifications to section 177.500(q) of 

13 title 46, Code of Federal Regulations (as in ef14 fect on the date of enactment of this Act), are 

15 necessary to provide the Commandant the au16 thority to make such exemption or to otherwise 

17 provide for such exemption. 

18 (b) CONSULTATION.—In completing the report re19 quired under subsection (a)(1), the Comptroller General 

20 may consult with— 

21 (1) the National Transportation Safety Board; 

22 (2) the Coast Guard; and 

23 (3) the maritime industry, including relevant 

24 federally funded research institutions, nongovern25 mental organizations, and academia. 


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1 (c) EXTENSION FOR COVERED HISTORIC VESSELS.— 

2 The captain of a port may waive the requirements of sec3 tion 3306(n)(3)(v) of title 46, United States Code, with 

4 respect to covered historic vessels for not more than 2 

5 years after the date of submission of the report required 

6 by subsection (a) to Congress in accordance with such sub7 section. 

8 (d) SAVINGS CLAUSE.—Nothing in this section shall 

9 limit any authority available, as of the date of enactment 

10 of this Act, to the captain of a port with respect to safety 

11 measures or any other authority as necessary for the safe12 ty of covered historic vessels. 

13 (e) NOTICE TO PASSENGERS.—A covered historic 

14 vessel that receives a waiver under subsection (c) shall, 

15 beginning on the date on which the requirements under 

16 section 3306(n)(3)(v) of title 46, United States Code, take 

17 effect, provide a prominently displayed notice on its 

18 website, ticket counter, and each ticket for passengers that 

19 the vessel is exempt from meeting the Coast Guard safety 

20 compliance standards concerning egress as provided for 

21 under such section 3306(n)(3)(v). 

22 (f) DEFINITION OF COVERED HISTORIC VESSELS.— 

23 In this section, the term ‘‘covered historic vessels’’ means 

24 the following: 

25 (1) American Eagle (Official Number 229913). 


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1 (2) Angelique (Official Number 623562). 

2 (3) Heritage (Official Number 649561). 

3 (4) J & E Riggin (Official Number 226422). 

4 (5) Ladona (Official Number 222228). 

5 (6) Lewis R. French (Official Number 015801). 

6 (7) Mary Day (Official Number 288714). 

7 (8) Stephen Taber (Official Number 115409). 

8 (9) Victory Chimes (Official Number 136784). 

9 (10) Grace Bailey (Official Number 085754). 

10 (11) Mercantile (Official Number 214388). 

11 (12) Mistress (Official Number 509004). 

12 SEC. 508. COAST GUARD DIGITAL REGISTRATION. 

13 Section 12304(a) of title 46, United States Code, is 

14 amended— 

15 (1) by striking ‘‘shall be pocketsized,’’; and 

16 (2) by striking ‘‘, and may be valid’’ and insert17 ing ‘‘and may be in hard copy or digital form. The 

18 certificate shall be valid’’. 

19 SEC. 509. RESPONSES TO SAFETY RECOMMENDATIONS. 

20 (a) IN GENERAL.—Chapter 7 of title 14, United 

21 States Code, is amended by adding at the end the fol22 lowing: 

23 ‘‘§ 721. Responses to safety recommendations 

24 ‘‘(a) IN GENERAL.—Not later than 90 days after the 

25 submission to the Commandant of a recommendation and 


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1 supporting justification by the National Transportation 

2 Safety Board relating to transportation safety, the Com3 mandant shall submit to the National Transportation 

4 Safety Board a written response to the recommendation, 

5 which shall include whether the Commandant— 

6 ‘‘(1) concurs with the recommendation; 

7 ‘‘(2) partially concurs with the recommendation; 

8 or 

9 ‘‘(3) does not concur with the recommendation. 

10 ‘‘(b) EXPLANATION OF CONCURRENCE.—A response 

11 under subsection (a) shall include— 

12 ‘‘(1) with respect to a recommendation with 

13 which the Commandant concurs, an explanation of 

14 the actions the Commandant intends to take to im15 plement such recommendation; 

16 ‘‘(2) with respect to a recommendation with 

17 which the Commandant partially concurs, an expla18 nation of the actions the Commandant intends to 

19 take to implement the portion of such recommenda20 tion with which the Commandant partially concurs; 

21 and 

22 ‘‘(3) with respect to a recommendation with 

23 which the Commandant does not concur, the reasons 

24 the Commandant does not concur. 


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1 ‘‘(c) FAILURE TO RESPOND.—If the National Trans2 portation Safety Board has not received the written re3 sponse required under subsection (a) by the end of the 

4 time period described in that subsection, the National 

5 Transportation Safety Board shall notify the Committee 

6 on Commerce, Science, and Transportation of the Senate 

7 and the Committee on Transportation and Infrastructure 

8 of the House of Representatives that such response has 

9 not been received.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for chap11 ter 7 of title 14, United States Code, is amended by add12 ing at the end the following: 

‘‘721. Responses to safety recommendations.’’. 

13 SEC. 510. COMPTROLLER GENERAL OF THE UNITED 

14 STATES STUDY AND REPORT ON THE COAST 

15 GUARD’S OVERSIGHT OF THIRD-PARTY ORGA16 NIZATIONS. 

17 (a) IN GENERAL.—The Comptroller General of the 

18 United States shall initiate a review, not later than 1 year 

19 after the date of enactment of this Act that assesses the 

20 Coast Guard’s oversight of third-party organizations. 

21 (b) ELEMENTS.—The study required under sub22 section (a) shall analyze the following: 

23 (1) Coast Guard utilization of third-party orga24 nizations in its prevention mission, and the extent 

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1 hance prevention mission performance, including re2 source utilization and specialized expertise. 

3 (2) The extent the Coast Guard has assessed 

4 the potential risks and benefits of using third-party 

5 organizations to support prevention mission activi6 ties. 

7 (3) The extent the Coast Guard provides over8 sight of third-party organizations authorized to sup9 port prevention mission activities. 

10 (c) REPORT.—The Comptroller General shall submit 

11 the results from this study not later than 1 year after initi12 ating the review to the Committee on Commerce, Science, 

13 and Transportation of the Senate and the Committee on 

14 Transportation and Infrastructure of the House of Rep15 resentatives. 

16 Subtitle B—Other Matters 

17 SEC. 521. DEFINITION OF A STATELESS VESSEL. 

18 Section 70502(d)(1) of title 46, United States Code, 

19 is amended— 

20 (1) in subparagraph (B), by striking ‘‘and’’ 

21 after the semicolon; 

22 (2) in subparagraph (C), by striking the period 

23 at the end and inserting ‘‘; and’’; and 

24 (3) by adding at the end the following new sub25 paragraph: 


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1 ‘‘(D) a vessel aboard which no individual, 

2 on request of an officer of the United States 

3 authorized to enforce applicable provisions of 

4 United States law, claims to be the master or 

5 is identified as the individual in charge and that 

6 has no other claim of nationality or registry 

7 under paragraph (1) or (2) of subsection (e).’’. 

8 SEC. 522. REPORT ON ENFORCEMENT OF COASTWISE LAWS. 

9 Not later than 1 year of the date of enactment of 

10 this Act, the Commandant shall submit to Congress a re11 port describing any changes to the enforcement of chap12 ters 121 and 551 of title 46, United States Code, as a 

13 result of the amendments to section 4(a)(1) of the Outer 

14 Continental Shelf Lands Act (43 U.S.C. 1333(a)(1)) made 

15 by section 9503 of the William M. (Mac) Thornberry Na16 tional Defense Authorization Act for Fiscal Year 2021 

17 (Public Law 116–283). 

18 SEC. 523. STUDY ON MULTI-LEVEL SUPPLY CHAIN SECU19 RITY STRATEGY OF THE DEPARTMENT OF 

20 HOMELAND SECURITY. 

21 (a) IN GENERAL.—Not later than 1 year after the 

22 date of enactment of this Act, the Comptroller General 

23 of the United States shall initiate a study that assesses 

24 the efforts of the Department of Homeland Security with 

25 respect to securing vessels and maritime cargo bound for 


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1 the United States from national security related risks and 

2 threats. 

3 (b) ELEMENTS.—The study required under sub4 section (a) shall assess the following: 

5 (1) Programs that comprise the maritime strat6 egy of the Department of Homeland Security for se7 curing vessels and maritime cargo bound for the 

8 United States, and the extent that such programs 

9 cover the critical components of the global supply 

10 chain. 

11 (2) The extent to which the components of the 

12 Department of Homeland Security responsible for 

13 maritime security issues have implemented leading 

14 practices in collaboration. 

15 (3) The extent to which the Department of 

16 Homeland Security has assessed the effectiveness of 

17 its maritime security strategy. 

18 (c) REPORT.—Not later than 1 year after initiating 

19 the study under subsection (a), the Comptroller General 

20 of the United States shall submit the results from the 

21 study to the Committee on Commerce, Science, and 

22 Transportation of the Senate and the Committee on 

23 Transportation and Infrastructure of the House of Rep24 resentatives. 


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1 SEC. 524. STUDY TO MODERNIZE THE MERCHANT MARINER 

2 LICENSING AND DOCUMENTATION SYSTEM. 

3 (a) IN GENERAL.—Not later than 90 days after the 

4 date of enactment of this Act, the Commandant shall sub5 mit to the Committee on Commerce, Science, and Trans6 portation and the Committee on Appropriations of the 

7 Senate, and the Committee on Transportation and Infra8 structure and the Committee on Appropriations of the 

9 House of Representatives, a report on the financial, 

10 human, and information technology infrastructure re11 sources needed to establish an electronic merchant mar12 iner licensing and documentation system. 

13 (b) LEGISLATIVE AND REGULATORY SUGGES14 TIONS.—The report described in paragraph (1) shall in15 clude recommendations for such legislative or administra16 tive actions as the Commandant determines necessary to 

17 establish the electronic merchant mariner licensing and 

18 documentation system described in subsection (a) as soon 

19 as possible. 

20 SEC. 525. STUDY AND REPORT ON DEVELOPMENT AND 

21 MAINTENANCE OF MARINER RECORDS DATA22 BASE. 

23 (a) STUDY.— 

24 (1) IN GENERAL.—The Secretary, in coordina25 tion with the Commandant and the Administrator of 

26 the Maritime Administration and the Commander of 


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1 the United States Transportation Command, shall 

2 conduct a study on the potential benefits and feasi3 bility of developing and maintaining a Coast Guard 

4 database that— 

5 (A) contains records with respect to each 

6 credentialed mariner, including credential valid7 ity, drug and alcohol testing results, and infor8 mation on any final adjudicated agency action 

9 involving a credentialed mariner or regarding 

10 any involvement in a marine casualty; and 

11 (B) maintains such records in a manner 

12 such that data can be readily accessed by the 

13 Federal Government for the purpose of assess14 ing workforce needs and for the purpose of the 

15 economic and national security of the United 

16 States. 

17 (2) ELEMENTS.—The study required under 

18 paragraph (1) shall— 

19 (A) include an assessment of the resources, 

20 including information technology, and authori21 ties necessary to develop and maintain the data22 base described in such paragraph; and 

23 (B) specifically address the protection of 

24 the privacy interests of any individuals whose 

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1 base, which shall include limiting access to the 

2 database or having access to the database be 

3 monitored by, or accessed through, a member of 

4 the Coast Guard. 

5 (b) REPORT.—Not later than 180 days after the date 

6 of the enactment of this Act, the Secretary shall submit 

7 to the Committee on Commerce, Science, and Transpor8 tation of the Senate and the Committee on Transportation 

9 and Infrastructure of the House of Representatives a re10 port on the results of the study under subsection (a), in11 cluding findings, conclusions, and recommendations. 

12 (c) DEFINITIONS.—In this section: 

13 (1) CREDENTIALED MARINER.—The term 

14 ‘‘credentialed mariner’’ means an individual with a 

15 merchant mariner license, certificate, or document 

16 that the Secretary is authorized to issue pursuant to 

17 title 46, United States Code. 

18 (2) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Department in which the Coast 

20 Guard is operating. 


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1 TITLE VI—SEXUAL ASSAULT AND 

2 SEXUAL HARASSMENT PRE3 VENTION AND RESPONSE 

4 SEC. 601. DEFINITIONS. 

5 (a) IN GENERAL.—Section 2101 of title 46, United 

6 States Code, is amended— 

7 (1) by redesignating paragraphs (45) through 

8 (54) as paragraphs (47) through (56), respectively; 

9 and 

10 (2) by inserting after paragraph (44) the fol11 lowing: 

12 ‘‘(45) ‘sexual assault’ means any form of abuse 

13 or contact as defined in chapter 109A of title 18, or 

14 a substantially similar offense under a State, local, 

15 or Tribal law. 

16 ‘‘(46) ‘sexual harassment’ means any of the fol17 lowing: 

18 ‘‘(A) Conduct towards an individual (which 

19 may have been by the individual’s supervisor, a 

20 supervisor in another area, a coworker, or an21 other credentialed mariner) that— 

22 ‘‘(i) involves unwelcome sexual ad23 vances, requests for sexual favors, or delib24 erate or repeated offensive comments or 

25 gestures of a sexual nature, when— 


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1 ‘‘(I) submission to such conduct 

2 is made either explicitly or implicitly a 

3 term or condition of employment, pay, 

4 career, benefits, or entitlements of the 

5 individual; 

6 ‘‘(II) any submission to, or rejec7 tion of, such conduct by the individual 

8 is used as a basis for decisions affect9 ing the individual’s job, pay, career, 

10 benefits, or entitlements; or 

11 ‘‘(III) such conduct has the pur12 pose or effect of unreasonably inter13 fering with the individual’s work per14 formance or creates an intimidating, 

15 hostile, or offensive working environ16 ment; and 

17 ‘‘(ii) is so severe or pervasive that a 

18 reasonable person would perceive, and the 

19 individual does perceive, the environment 

20 as hostile or offensive. 

21 ‘‘(B) Any use or condonation by any per22 son in a supervisory or command position of 

23 any form of sexual behavior to control, influ24 ence, or affect the career, pay, or job of an indi25 vidual who is a subordinate to the person. 


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1 ‘‘(C) Any intentional or repeated unwel2 come verbal comment or gesture of a sexual na3 ture towards or about an individual by the indi4 vidual’s supervisor, a supervisor in another 

5 area, a coworker, or another credentialed mar6 iner.’’. 

7 (b) REPORT.—The Commandant shall submit to the 

8 Committee on Transportation and Infrastructure of the 

9 House of Representatives and the Committee on Com10 merce, Science, and Transportation of the Senate a report 

11 describing any changes the Commandant may propose to 

12 the definitions added by the amendments in subsection 

13 (a). 

14 (c) CONFORMING AMENDMENTS.— 

15 (1) Section 2113(3) of title 46, United States 

16 Code, is amended by striking ‘‘section 2101(51)(A)’’ 

17 and inserting ‘‘section 2101(53)(A)’’. 

18 (2) Section 4105 of title 46, United States 

19 Code, is amended— 

20 (A) in subsections (b)(1) and (c), by strik21 ing ‘‘section 2101(51)’’ each place it appears 

22 and inserting ‘‘section 2101(53)’’; and 

23 (B) in subsection (d), by striking ‘‘section 

24 2101(51)(A)’’ and inserting ‘‘section 

25 2101(53)(A)’’. 


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1 (3) Section 1131(a)(1)(E) of title 49, United 

2 States Code, is amended by striking ‘‘section 

3 2101(46)’’ and inserting ‘‘116’’. 

4 SEC. 602. CONVICTED SEX OFFENDER AS GROUNDS FOR 

5 DENIAL. 

6 (a) IN GENERAL.—Chapter 75 of title 46, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 7511. Convicted sex offender as grounds for denial 

10 ‘‘(a) SEXUAL ABUSE.—A license, certificate of reg11 istry, or merchant mariner’s document authorized to be 

12 issued under this part shall be denied to an individual who 

13 has been convicted of a sexual offense prohibited under 

14 chapter 109A of title 18, except for subsection (b) of sec15 tion 2244 of title 18, or a substantially similar offense 

16 under a State, local, or Tribal law. 

17 ‘‘(b) ABUSIVE SEXUAL CONTACT.—A license, certifi18 cate of registry, or merchant mariner’s document author19 ized to be issued under this part may be denied to an indi20 vidual who within 5 years before applying for the license, 

21 certificate, or document, has been convicted of a sexual 

22 offense prohibited under subsection (b) of section 2244 of 

23 title 18, or a substantially similar offense under a State, 

24 local, or Tribal law.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 75 of title 46, United States Code, is amended by add3 ing at the end the following: 

‘‘7511. Convicted sex offender as grounds for denial.’’. 

4 SEC. 603. ACCOMMODATION; NOTICES. 

5 Section 11101 of title 46, United States Code, is 

6 amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (3), by striking ‘‘; and’’ 

9 and inserting a semicolon; 

10 (B) in paragraph (4), by striking the pe11 riod at the end and inserting ‘‘; and’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(5) each crew berthing area shall be equipped 

14 with information regarding— 

15 ‘‘(A) vessel owner or company policies pro16 hibiting sexual assault, sexual harassment, re17 taliation, and drug and alcohol use; and 

18 ‘‘(B) procedures and resources to report 

19 allegations of sexual assault and sexual harass20 ment, including information— 

21 ‘‘(i) on the contact information, 

22 website address, and mobile application of 

23 the Coast Guard Investigative Services and 

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1 ter, in order to report allegations of sexual 

2 assault or sexual harassment; 

3 ‘‘(ii) on vessel owner or company pro4 cedures to report violations of company 

5 policy and access resources; 

6 ‘‘(iii) on resources provided by outside 

7 organizations such as sexual assault hot8 lines and counseling; 

9 ‘‘(iv) on the retention period for sur10 veillance video recording after an incident 

11 of sexual harassment or sexual assault is 

12 reported; and 

13 ‘‘(v) on additional items specified in 

14 regulations issued by, and at the discretion 

15 of, the Secretary.’’; and 

16 (2) in subsection (d), by adding at the end the 

17 following: ‘‘In each washing place in a visible loca18 tion, there shall be information regarding procedures 

19 and resources to report alleged sexual assault and 

20 sexual harassment upon the vessel, and vessel owner 

21 or company policies prohibiting sexual assault and 

22 sexual harassment, retaliation, and drug and alcohol 

23 use.’’. 


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1 SEC. 604. PROTECTION AGAINST DISCRIMINATION. 

2 Section 2114(a) of title 46, United States Code, is 

3 amended— 

4 (1) in paragraph (1)— 

5 (A) by redesignating subparagraphs (B) 

6 through (G) as subparagraphs (C) through (H), 

7 respectively; and 

8 (B) by inserting after subparagraph (A) 

9 the following: 

10 ‘‘(B) the seaman in good faith has re11 ported or is about to report to the vessel owner, 

12 Coast Guard, or other appropriate Federal 

13 agency or department sexual harassment or 

14 sexual assault against the seaman or knowledge 

15 of sexual harassment or sexual assault against 

16 another seaman;’’; and 

17 (2) in paragraphs (2) and (3), by striking 

18 ‘‘paragraph (1)(B)’’ each place it appears and in19 serting ‘‘paragraph (1)(C)’’. 

20 SEC. 605. ALCOHOL AT SEA. 

21 (a) IN GENERAL.—The Commandant shall seek to 

22 enter into an agreement with the National Academy of 

23 Sciences not later than 1 year after the date of the enact24 ment of this Act under which the National Academy of 

25 Sciences shall prepare an assessment to determine safe 

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1 bers aboard vessels of the United States engaged in com2 mercial service, except when such possession is associated 

3 with the commercial sale to individuals aboard the vessel 

4 who are not crew members. 

5 (b) ASSESSMENT.—The assessment under this sec6 tion shall— 

7 (1) take into account the safety and security of 

8 every individual on the vessel; 

9 (2) take into account reported incidences of sex10 ual harassment or sexual assault, as defined in sec11 tion 2101 of title 46, United States Code; and 

12 (3) provide any appropriate recommendations 

13 for any changes to laws, including regulations, or 

14 employer policies. 

15 (c) SUBMISSION.—Upon completion of the assess16 ment under this section, the National Academy of Sciences 

17 shall submit the assessment to the Committee on Com18 merce, Science, and Transportation of the Senate, the 

19 Committee on Transportation and Infrastructure of the 

20 House of Representatives, the Commandant, and the Sec21 retary of the department in which the Coast Guard is op22 erating. 

23 (d) REGULATIONS.— 

24 (1) The Commandant— 


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1 (A) shall review the findings and rec2 ommendations of the assessment under this sec3 tion by not later than 180 days after receiving 

4 the assessment under subsection (c); and 

5 (B) taking into account the safety and se6 curity of every individual on vessels of the 

7 United States engaged in commercial service, 

8 may issue regulations relating to alcohol con9 sumption on such vessels. 

10 (e) REPORT REQUIRED.—If, by the date that is 2 

11 years after the receipt of the assessment under subsection 

12 (c), the Commandant does not issue regulations under 

13 subsection (d), the Commandant shall provide a report by 

14 such date to the appropriate committees of Congress— 

15 (1) regarding the rationale for not issuing such 

16 regulations; and 

17 (2) providing other recommendations as nec18 essary to ensure safety at sea. 

19 SEC. 606. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS 

20 GROUNDS FOR SUSPENSION AND REVOCA21 TION. 

22 (a) IN GENERAL.—Chapter 77 of title 46, United 

23 States Code, is amended by inserting after section 7704 

24 the following: 


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1 ‘‘§ 7704a. Sexual harassment or sexual assault as 

2 grounds for suspension and revocation 

3 ‘‘(a) SEXUAL HARASSMENT.—If it is shown at a 

4 hearing under this chapter that a holder of a license, cer5 tificate of registry, or merchant mariner’s document 

6 issued under this part, within 10 years before the begin7 ning of the suspension and revocation proceedings, is the 

8 subject of a substantiated claim of sexual harassment, 

9 then the license, certificate of registry, or merchant mari10 ner’s document shall be suspended or revoked. 

11 ‘‘(b) SEXUAL ASSAULT.—If it is shown at a hearing 

12 under this chapter that a holder of a license, certificate 

13 of registry, or merchant mariner’s document issued under 

14 this part, within 20 years before the beginning of the sus15 pension and revocation proceedings, is the subject of a 

16 substantiated claim of sexual assault, then the license, cer17 tificate of registry, or merchant mariner’s document shall 

18 be revoked. 

19 ‘‘(c) SUBSTANTIATED CLAIM.— 

20 ‘‘(1) IN GENERAL.—In this section, the term 

21 ‘substantiated claim’ means— 

22 ‘‘(A) a legal proceeding or agency action in 

23 any administrative proceeding that determines 

24 the individual committed sexual harassment or 

25 sexual assault in violation of any Federal, 

26 State, local, or Tribal law or regulation and for 


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1 which all appeals have been exhausted, as appli2 cable; or 

3 ‘‘(B) a determination after an investigation 

4 by the Coast Guard that it is more likely than 

5 not that the individual committed sexual har6 assment or sexual assault as defined in section 

7 2101, if the determination affords appropriate 

8 due process rights to the subject of the inves9 tigation. 

10 ‘‘(2) INVESTIGATION BY THE COAST GUARD.— 

11 An investigation by the Coast Guard under para12 graph (1)(B) shall include evaluation of the fol13 lowing materials that shall be provided to the Coast 

14 Guard: 

15 ‘‘(A) Any inquiry or determination made 

16 by the employer of the individual as to whether 

17 the individual committed sexual harassment or 

18 sexual assault. 

19 ‘‘(B) Upon request from the Coast Guard, 

20 any investigative materials, documents, records, 

21 or files in the possession of an employer or 

22 former employer of the individual that are re23 lated to the claim of sexual harassment or sex24 ual assault by the individual. 


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1 ‘‘(3) ADDITIONAL REVIEW.—A license, certifi2 cate of registry, or merchant mariner’s document 

3 shall not be suspended or revoked under subsection 

4 (a) or (b), unless the substantiated claim is reviewed 

5 and affirmed, in accordance with the applicable defi6 nition in section 2101, by an administrative law 

7 judge at the same suspension or revocation hearing 

8 under this chapter described in subsection (a) or (b), 

9 as applicable.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for chap11 ter 77 of title 46, United States Code, is amended by in12 serting after the item relating to section 7704 the fol13 lowing: 

‘‘7704a. Sexual harassment or sexual assault as grounds for suspension or revocation.’’. 

14 SEC. 607. SURVEILLANCE REQUIREMENTS. 

15 (a) IN GENERAL.—Part B of subtitle II of title 46, 

16 United States Code, is amended by adding at the end the 

17 following: 

18 ‘‘CHAPTER 49—OCEANGOING 

19 NONPASSENGER COMMERCIAL VESSELS 

20 ‘‘§ 4901. Surveillance requirements 

21 ‘‘(a) APPLICABILITY.— 

22 ‘‘(1) IN GENERAL.—The requirements in this 

23 section shall apply to vessels engaged in commercial 


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1 service that do not carry passengers and are any of 

2 the following: 

3 ‘‘(A) A documented vessel with overnight 

4 accommodations for at least 10 persons on 

5 board that— 

6 ‘‘(i) is on a voyage of at least 600 

7 miles and crosses seaward of the boundary 

8 line; or 

9 ‘‘(ii) is at least 24 meters (79 feet) in 

10 overall length and required to have a load 

11 line under chapter 51. 

12 ‘‘(B) A documented vessel on an inter13 national voyage that is of— 

14 ‘‘(i) at least 500 gross tons as meas15 ured under section 14502; or 

16 ‘‘(ii) an alternate tonnage measured 

17 under section 14302 as prescribed by the 

18 Secretary under section 14104. 

19 ‘‘(C) A vessel with overnight accommoda20 tions for at least 10 persons on board that are 

21 operating for no less than 72 hours on waters 

22 superjacent to the outer Continental Shelf (as 

23 defined in section 2(a) of the Outer Continental 

24 Shelf Lands Act (43 U.S.C. 1331(a)). 


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1 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

2 (1), the requirements in this section shall not apply 

3 to any fishing vessel, fish processing vessel, or fish 

4 tender vessel. 

5 ‘‘(b) REQUIREMENT FOR MAINTENANCE OF VIDEO

6 SURVEILLANCE SYSTEM.—Each vessel to which this sec7 tion applies shall maintain a video surveillance system in 

8 accordance with this section. 

9 ‘‘(c) PLACEMENT OF VIDEO AND AUDIO SURVEIL10 LANCE EQUIPMENT.— 

11 ‘‘(1) IN GENERAL.—The owner of a vessel to 

12 which this section applies shall install video and 

13 audio surveillance equipment aboard the vessel not 

14 later than 2 years after the date of enactment of the 

15 Coast Guard Authorization Act of 2022, or during 

16 the next scheduled drydock, whichever is later. 

17 ‘‘(2) LOCATIONS.—Video and audio surveillance 

18 equipment shall be placed in passageways onto 

19 which doors from staterooms open. Such equipment 

20 shall be placed in a manner ensuring the visibility of 

21 every door in each such passageway. 

22 ‘‘(d) NOTICE OF VIDEO AND AUDIO SURVEIL23 LANCE.—The owner of a vessel to which this section ap24 plies shall provide clear and conspicuous signs on board 


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1 the vessel notifying the crew of the presence of video and 

2 audio surveillance equipment. 

3 ‘‘(e) ACCESS TO VIDEO AND AUDIO RECORDS.— 

4 ‘‘(1) IN GENERAL.—The owner of a vessel to 

5 which this section applies shall provide to any Fed6 eral, State, or other law enforcement official per7 forming official duties in the course and scope of a 

8 criminal or marine safety investigation, upon re9 quest, a copy of all records of video and audio sur10 veillance that the official believes is relevant to the 

11 investigation. 

12 ‘‘(2) CIVIL ACTIONS.—Except as proscribed by 

13 law enforcement authorities or court order, the 

14 owner of a vessel to which this section applies shall, 

15 upon written request, provide to any individual or 

16 the individual’s legal representative a copy of all 

17 records of video and audio surveillance— 

18 ‘‘(A) in which the individual is a subject of 

19 the video and audio surveillance; 

20 ‘‘(B) if the request is in conjunction with 

21 a legal proceeding or investigation; and 

22 ‘‘(C) that may provide evidence of any sex23 ual harassment or sexual assault incident in a 

24 civil action. 


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1 ‘‘(3) LIMITED ACCESS.—The owner of a vessel 

2 to which this section applies shall ensure that access 

3 to records of video and audio surveillance is limited 

4 to the purposes described in this section and not 

5 used as part of a labor action against a crew mem6 ber or employment dispute unless used in a criminal 

7 or civil action. 

8 ‘‘(f) RETENTION REQUIREMENTS.—The owner of a 

9 vessel to which this section applies shall retain all records 

10 of audio and video surveillance for not less than 4 years 

11 after the footage is obtained. Any video and audio surveil12 lance found to be associated with an alleged incident of 

13 sexual harassment or sexual assault shall be retained by 

14 such owner for not less than 10 years from the date of 

15 the alleged incident. The Federal Bureau of Investigation 

16 and the Coast Guard are authorized access to all records 

17 of video and audio surveillance relevant to an investigation 

18 into criminal conduct. 

19 ‘‘(g) PERSONNEL TRAINING.—A vessel owner, man20 aging operator, or employer of a seafarer (in this sub21 section referred to as the ‘company’) shall provide training 

22 for all individuals employed by the company for the pur23 pose of responding to incidents of sexual assault or sexual 

24 harassment, including— 

25 ‘‘(1) such training to ensure the individuals— 


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1 ‘‘(A) retain audio and visual records and 

2 other evidence objectively; and 

3 ‘‘(B) act impartially without influence from 

4 the company or others; and 

5 ‘‘(2) training on applicable Federal, State, Trib6 al, and local laws and regulations regarding sexual 

7 assault and sexual harassment investigations and re8 porting requirements. 

9 ‘‘(h) DEFINITION OF OWNER.—In this section, the 

10 term ‘owner’ means the owner, charterer, managing oper11 ator, master, or other individual in charge of a vessel.’’. 

12 (b) CLERICAL AMENDMENT.—The analysis of sub13 title II at the beginning of title 46, United States Code, 

14 is amended by adding after the item relating to chapter 

15 47 the following: 

‘‘CHAPTER 49—OCEANGOING NONPASSENGER COMMERCIAL VESSELS’’. 

16 SEC. 608. MASTER KEY CONTROL. 

17 (a) IN GENERAL.—Chapter 31 of title 46, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘§ 3106. Master key control system 

21 ‘‘(a) IN GENERAL.—The owner of a vessel subject to 

22 inspection under section 3301 shall— 

23 ‘‘(1) ensure that such vessel is equipped with a 

24 vessel master key control system, manual or elec25 tronic, which provides controlled access to all copies 


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1 of the vessel’s master key of which access shall only 

2 be available to the individuals described in para3 graph (2); 

4 ‘‘(2)(A) establish a list of all crew members, 

5 identified by position, allowed to access and use the 

6 master key; and 

7 ‘‘(B) maintain such list upon the vessel within 

8 owner records and include such list in the vessel 

9 safety management system under section 

10 3203(a)(6); 

11 ‘‘(3) record in a log book, which may be elec12 tronic and shall be included in the safety manage13 ment system under section 3203(a)(6), information 

14 on all access and use of the vessel’s master key, in15 cluding— 

16 ‘‘(A) dates and times of access; 

17 ‘‘(B) the room or location accessed; and 

18 ‘‘(C) the name and rank of the crew mem19 ber that used the master key; and 

20 ‘‘(4) make the list under paragraph (2) and the 

21 log book under paragraph (3) available upon request 

22 to any agent of the Federal Bureau of Investigation, 

23 any member of the Coast Guard, and any law en24 forcement officer performing official duties in the 

25 course and scope of an investigation. 


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1 ‘‘(b) PROHIBITED USE.—A crew member not in2 cluded on the list described in subsection (a)(2) shall not 

3 have access to or use the master key unless in an emer4 gency and shall immediately notify the master and owner 

5 of the vessel following access to or use of such key. 

6 ‘‘(c) PENALTY.—Any crew member who violates sub7 section (b) shall be liable to the United States Government 

8 for a civil penalty of not more than $1,000, and may be 

9 subject to suspension or revocation under section 7703.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for chap11 ter 31 of title 46, United States Code, is amended by add12 ing at the end the following: 

‘‘3106. Master key control system.’’. 

13 SEC. 609. SAFETY MANAGEMENT SYSTEMS. 

14 Section 3203 of title 46, United States Code, is 

15 amended— 

16 (1) in subsection (a)— 

17 (A) by redesignating paragraphs (5) and 

18 (6) as paragraphs (7) and (8), respectively; and 

19 (B) by inserting after paragraph (4) the 

20 following: 

21 ‘‘(5) with respect to sexual harassment and sex22 ual assault, procedures and annual training require23 ments for all responsible persons and vessels to 

24 which this chapter applies on— 

25 ‘‘(A) prevention; 


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1 ‘‘(B) bystander intervention; 

2 ‘‘(C) reporting; 

3 ‘‘(D) response; and 

4 ‘‘(E) investigation; 

5 ‘‘(6) the list required under section 3106(a)(2) 

6 and the log book required under section 

7 3106(a)(3);’’; 

8 (2) by redesignating subsections (b) and (c) as 

9 subsections (d) and (e), respectively; and 

10 (3) by inserting after subsection (a) the fol11 lowing: 

12 ‘‘(b) PROCEDURES AND TRAINING REQUIRE13 MENTS.—In prescribing regulations for the procedures 

14 and training requirements described in subsection (a)(5), 

15 such procedures and requirements shall be consistent with 

16 the requirements to report sexual harassment or sexual 

17 assault under section 10104. 

18 ‘‘(c) AUDITS.— 

19 ‘‘(1) IN GENERAL.—Upon discovery of a failure 

20 of a responsible person or vessel to comply with a re21 quirement under section 10104 during an audit of a 

22 safety management system or from other sources of 

23 information acquired by the Coast Guard (including 

24 an audit or systematic review under section 

25 10104(g)), the Secretary shall audit the safety manVerDate Sep 11 2014 18:03 Sep 13, 2022 Jkt 029200 PO 00000 Frm 00324 Fmt 6652 Sfmt 6201 E:\BILLS\S4802.IS S4802

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1 agement system of a vessel under this section to de2 termine if there is a failure to comply with any other 

3 requirement under section 10104. 

4 ‘‘(2) CERTIFICATES.— 

5 ‘‘(A) SUSPENSION.—During an audit of a 

6 safety management system of a vessel required 

7 under paragraph (1), the Secretary may sus8 pend the Safety Management Certificate issued 

9 for the vessel under section 3205 and issue a 

10 separate Safety Management Certificate for the 

11 vessel to be in effect for a 3-month period be12 ginning on the date of the issuance of such sep13 arate certificate. 

14 ‘‘(B) REVOCATION.—At the conclusion of 

15 an audit of a safety management system re16 quired under paragraph (1), the Secretary shall 

17 revoke the Safety Management Certificate 

18 issued for the vessel under section 3205 if the 

19 Secretary determines— 

20 ‘‘(i) that the holder of the Safety 

21 Management Certificate knowingly, or re22 peatedly, failed to comply with section 

23 10104; or 


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1 ‘‘(ii) other failure of the safety man2 agement system resulted in the failure to 

3 comply with such section. 

4 ‘‘(3) DOCUMENTS OF COMPLIANCE.— 

5 ‘‘(A) IN GENERAL.—Following an audit of 

6 the safety management system of a vessel re7 quired under paragraph (1), the Secretary may 

8 audit the safety management system of the re9 sponsible person for the vessel. 

10 ‘‘(B) SUSPENSION.—During an audit 

11 under subparagraph (A), the Secretary may 

12 suspend the Document of Compliance issued to 

13 the responsible person under section 3205 and 

14 issue a separate Document of Compliance to 

15 such person to be in effect for a 3-month period 

16 beginning on the date of the issuance of such 

17 separate document. 

18 ‘‘(C) REVOCATION.—At the conclusion of 

19 an assessment or an audit of a safety manage20 ment system under subparagraph (A), the Sec21 retary shall revoke the Document of Compliance 

22 issued to the responsible person if the Secretary 

23 determines— 


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1 ‘‘(i) that the holder of the Document 

2 of Compliance knowingly, or repeatedly, 

3 failed to comply with section 10104; or 

4 ‘‘(ii) that other failure of the safety 

5 management system resulted in the failure 

6 to comply with such section.’’. 

7 SEC. 610. REQUIREMENT TO REPORT SEXUAL ASSAULT 

8 AND HARASSMENT. 

9 Section 10104 of title 46, United States Code, is 

10 amended by striking subsections (a) and (b) and inserting 

11 the following: 

12 ‘‘(a) MANDATORY REPORTING BY CREW MEM13 BERS.— 

14 ‘‘(1) IN GENERAL.—A crew member of a docu15 mented vessel shall report to the Commandant in ac16 cordance with subsection (c) any complaint or inci17 dent of sexual harassment or sexual assault of which 

18 the crew member has firsthand or personal knowl19 edge. 

20 ‘‘(2) PENALTY.—Except as provided in para21 graph (3), a crew member with firsthand or personal 

22 knowledge of a sexual assault or sexual harassment 

23 incident on a documented vessel who knowingly fails 

24 to report in compliance with paragraph (1) is liable 


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1 to the United States Government for a civil penalty 

2 of not more than $25,000. 

3 ‘‘(3) AMNESTY.—A crew member who know4 ingly fails to make the required reporting under 

5 paragraph (1) shall not be subject to the penalty de6 scribed in paragraph (2) if the complaint is shared 

7 in confidence with the crew member directly from 

8 the individual who experienced the sexual harass9 ment or sexual assault or the crew member is a vic10 tim advocate as defined in section 40002(a) of the 

11 Violence Against Women Act of 1994 (34 U.S.C. 

12 12291(a)). 

13 ‘‘(b) MANDATORY REPORTING BY VESSEL OWNER, 

14 MASTER, MANAGING OPERATOR, OR EMPLOYER.— 

15 ‘‘(1) IN GENERAL.—A vessel owner, master, or 

16 managing operator of a documented vessel or the 

17 employer of a seafarer on that vessel shall report to 

18 the Commandant in accordance with subsection (c) 

19 any complaint or incident of sexual harassment or 

20 sexual assault involving a crew member in violation 

21 of employer policy or law of which such vessel owner 

22 or managing operator is made aware. Such reporting 

23 shall include results of any investigation into the in24 cident, if applicable, and any action taken against 

25 the offending crew member. 


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1 ‘‘(2) PENALTY.—A vessel owner, master, or 

2 managing operator of a documented vessel or the 

3 employer of a seafarer on that vessel who knowingly 

4 fails to report in compliance with paragraph (1) is 

5 liable to the United States Government for a civil 

6 penalty of not more than $50,000. 

7 ‘‘(c) REPORTING PROCEDURES.— 

8 ‘‘(1) TIMING.— 

9 ‘‘(A) REPORTS BY CREW MEMBERS.—A re10 port required under subsection (a) shall be 

11 made as soon as practicable, but not later than 

12 10 days after the individual develops firsthand 

13 or personal knowledge of the sexual assault or 

14 sexual harassment incident, to the Commandant 

15 by the fastest telecommunications channel avail16 able. 

17 ‘‘(B) REPORTS BY VESSEL OWNERS, MAS18 TERS, MANAGING OPERATORS, OR EMPLOY19 ERS.—A report required under subsection (b) 

20 shall be made immediately after the vessel 

21 owner, master, managing operator, or employer 

22 of the seafarer gains knowledge of a sexual as23 sault or sexual harassment incident by the fast24 est telecommunications channel available. Such 

25 report shall be made to the Commandant and 


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1 the appropriate officer or agency of the govern2 ment of the country in whose waters the inci3 dent occurs. 

4 ‘‘(2) CONTENTS.—A report required under sub5 section (a) or (b) shall include, to the best of the 

6 knowledge of the individual making the report— 

7 ‘‘(A) the name, official position or role in 

8 relation to the vessel, and contact information 

9 of the individual making the report; 

10 ‘‘(B) the name and official number of the 

11 documented vessel; 

12 ‘‘(C) the time and date of the incident; 

13 ‘‘(D) the geographic position or location of 

14 the vessel when the incident occurred; and 

15 ‘‘(E) a brief description of the alleged sex16 ual harassment or sexual assault being re17 ported. 

18 ‘‘(3) RECEIVING REPORTS AND COLLECTION OF

19 INFORMATION.— 

20 ‘‘(A) RECEIVING REPORTS.—With respect 

21 to reports submitted under this subsection to 

22 the Coast Guard, the Commandant— 

23 ‘‘(i) may establish additional reporting 

24 procedures, including procedures for re25 ceiving reports through— 


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1 ‘‘(I) a telephone number that is 

2 continuously manned at all times; and 

3 ‘‘(II) an email address that is 

4 continuously monitored; and 

5 ‘‘(ii) shall use procedures that include 

6 preserving evidence in such reports and 

7 providing emergency service referrals. 

8 ‘‘(B) COLLECTION OF INFORMATION.— 

9 After receiving a report under this subsection, 

10 the Commandant shall collect information re11 lated to the identity of each alleged victim, al12 leged perpetrator, and witness identified in the 

13 report through a means designed to protect, to 

14 the extent practicable, the personal identifiable 

15 information of such individuals. 

16 ‘‘(d) SUBPOENA AUTHORITY.— 

17 ‘‘(1) IN GENERAL.—The Commandant may 

18 compel the testimony of witnesses and the produc19 tion of any evidence by subpoena to determine com20 pliance with this section. 

21 ‘‘(2) JURISDICTIONAL LIMITS.—The jurisdic22 tional limits of a subpoena issued under this section 

23 are the same as, and are enforceable in the same 

24 manner as, subpoenas issued under chapter 63 of 

25 this title. 


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1 ‘‘(e) COMPANY AFTER-ACTION SUMMARY.—A vessel 

2 owner, master, managing operator, or employer of a sea3 farer that makes a report under subsection (b), or becomes 

4 aware of a report made under subsection (a) that involves 

5 an individual employed by the owner, master, operator, or 

6 employer at the time of the sexual assault or sexual har7 assment incident, shall— 

8 ‘‘(1) submit to the Commandant a document 

9 with detailed information to describe the actions 

10 taken by the vessel owner, master, managing oper11 ator, or employer of a seafarer after it became aware 

12 of the sexual assault or sexual harassment incident; 

13 and 

14 ‘‘(2) make such submission not later than 10 

15 days after the vessel owner, master, managing oper16 ator, or employer of a seafarer made the report 

17 under subsection (b), or became aware of a report 

18 made under subsection (a) that involves an indi19 vidual employed by the owner, master, operator, or 

20 employer at the time of the sexual assault or sexual 

21 harassment incident. 

22 ‘‘(f) REQUIRED COMPANY RECORDS.—A vessel 

23 owner, master, managing operator, or employer of a sea24 farer shall— 


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1 ‘‘(1) submit to the Commandant copies of all 

2 records, including documents, files, recordings, state3 ments, reports, investigatory materials, findings, and 

4 any other materials requested by the Commandant 

5 related to the claim of sexual assault or sexual har6 assment; and 

7 ‘‘(2) make such submission not later than 14 

8 days after— 

9 ‘‘(A) the vessel owner, master, managing 

10 operator, or employer of a seafarer submitted a 

11 report under subsection (b); or 

12 ‘‘(B) the vessel owner, master, managing 

13 operator, or employer of a seafarer acquired 

14 knowledge of a report made under subsection 

15 (a) that involved individuals employed by the 

16 vessel owner, master, managing operator, or 

17 employer of a seafarer. 

18 ‘‘(g) INVESTIGATORY AUDIT.—The Commandant 

19 shall periodically perform an audit or other systematic re20 view of the submissions made under this section to deter21 mine if there were any failures to comply with the require22 ments of this section. 

23 ‘‘(h) CIVIL PENALTY.—A vessel owner, master, man24 aging operator, or employer of a seafarer that fails to com25 ply with subsection (e) or (f) is liable to the United States 


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1 Government for a civil penalty of $50,000 for each day 

2 a failure continues. 

3 ‘‘(i) APPLICABILITY; REGULATIONS.— 

4 ‘‘(1) EFFECTIVE DATE.—The requirements of 

5 this section take effect on the date of enactment of 

6 the Coast Guard Authorization Act of 2022. 

7 ‘‘(2) REGULATIONS.—The Commandant may 

8 issue regulations to implement the requirements of 

9 this section. 

10 ‘‘(3) REPORTS.—Any report required to be 

11 made to the Commandant under this section shall be 

12 made to the Coast Guard National Command Cen13 ter, until regulations establishing other reporting 

14 procedures are issued.’’. 

15 SEC. 611. CIVIL ACTIONS FOR PERSONAL INJURY OR 

16 DEATH OF SEAMEN. 

17 (a) PERSONAL INJURY TO OR DEATH OF SEAMEN.— 

18 Section 30104 of title 46, United States Code, is amended 

19 by inserting ‘‘, including an injury resulting from sexual 

20 assault or sexual harassment (as such terms are defined 

21 in section 2101),’’ after ‘‘in the course of employment’’. 

22 (b) TIME LIMIT ON BRINGING MARITIME ACTION.— 

23 Section 30106 of title 46, United States Code, is amend24 ed— 


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1 (1) in the section heading, by striking ‘‘for 

2 personal injury or death’’; 

3 (2) by striking ‘‘Except as otherwise’’ and in4 serting the following: 

5 ‘‘(a) IN GENERAL.—Except as otherwise’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(b) EXTENSION FOR SEXUAL OFFENSE.—A civil ac8 tion under subsection (a) arising out of a maritime tort 

9 for a claim of sexual harassment or sexual assault, as such 

10 terms are defined in section 2101, shall be brought not 

11 later than 5 years after the cause of action for a claim 

12 of sexual harassment or sexual assault arose.’’. 

13 (c) CLERICAL AMENDMENT.—The analysis for chap14 ter 301 of title 46, United States Code, is amended by 

15 striking the item relating to section 30106 and inserting 

16 the following: 

‘‘30106. Time limit on bringing maritime action.’’. 

17 SEC. 612. ADMINISTRATION OF SEXUAL ASSAULT FORENSIC 

18 EXAMINATION KITS. 

19 (a) IN GENERAL.—Subchapter IV of chapter 5 of 

20 title 14, United States Code, is amended by adding at the 

21 end the following: 

22 ‘‘§ 564. Administration of sexual assault forensic ex23 amination kits 

24 ‘‘(a) SEXUAL ASSAULT FORENSIC EXAM PROCE25 DURE.— 


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1 ‘‘(1) IN GENERAL.—Before embarking on any 

2 prescheduled voyage, a Coast Guard vessel shall 

3 have in place a written operating procedure that en4 sures that an embarked victim of sexual assault 

5 shall have access to a sexual assault forensic exam6 ination— 

7 ‘‘(A) as soon as possible after the victim 

8 requests an examination; and 

9 ‘‘(B) that is treated with the same level of 

10 urgency as emergency medical care. 

11 ‘‘(2) REQUIREMENTS.—The written operating 

12 procedure required by paragraph (1), shall, at a 

13 minimum, account for— 

14 ‘‘(A) the health, safety, and privacy of a 

15 victim of sexual assault; 

16 ‘‘(B) the proximity of ashore or afloat 

17 medical facilities, including coordination as nec18 essary with the Department of Defense, includ19 ing other military departments (as defined in 

20 section 101 of title 10, United States Code); 

21 ‘‘(C) the availability of aeromedical evacu22 ation; 

23 ‘‘(D) the operational capabilities of the 

24 vessel concerned; 


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1 ‘‘(E) the qualifications of medical per2 sonnel onboard; 

3 ‘‘(F) coordination with law enforcement 

4 and the preservation of evidence; 

5 ‘‘(G) the means of accessing a sexual as6 sault forensic examination and medical care 

7 with a restricted report of sexual assault; 

8 ‘‘(H) the availability of nonprescription 

9 pregnancy prophylactics; and 

10 ‘‘(I) other unique military considerations.’’. 

11 (b) STUDY.— 

12 (1) IN GENERAL.—Not later than 1 year after 

13 the date of the enactment of this Act, the Secretary 

14 of the department in which the Coast Guard is oper15 ating shall seek to enter into an agreement with the 

16 National Academy of Sciences under which the Na17 tional Academy of Sciences shall conduct a study to 

18 assess the feasibility of the development of a self-ad19 ministered sexual assault forensic examination for 

20 use by victims of sexual assault onboard a vessel at 

21 sea. 

22 (2) ELEMENTS.—The study under paragraph 

23 (1) shall— 

24 (A) take into account— 


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1 (i) the safety and security of the al2 leged victim of sexual assault; 

3 (ii) the ability to properly identify, 

4 document, and preserve any evidence rel5 evant to the allegation of sexual assault; 

6 and 

7 (iii) the applicable criminal procedural 

8 laws relating to authenticity, relevance, 

9 preservation of evidence, chain of custody, 

10 and any other matter relating to evi11 dentiary admissibility; and 

12 (B) provide any appropriate recommenda13 tion for changes to existing laws, regulations, or 

14 employer policies. 

15 (3) REPORT.—Upon completion of the study 

16 under paragraph (1), the National Academy of 

17 Sciences shall submit to the Committee on Com18 merce, Science, and Transportation of the Senate, 

19 the Committee on Transportation and Infrastructure 

20 of the House of Representatives, and the Secretary 

21 of the department in which the Coast Guard is oper22 ating a report on the findings of the study. 

23 (c) CLERICAL AMENDMENT.—The analysis for sub24 chapter IV of chapter 5 of title 14, United States Code, 

25 is amended by adding at the end the following: 

‘‘564. Administration of sexual assault forensic examination kits.’’. 


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1 SEC. 613. REPORTS TO CONGRESS. 

2 (a) IN GENERAL.—Chapter 101 of title 46, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 10105. Reports to Congress 

6 ‘‘Not later than 1 year after the date of enactment 

7 of the Coast Guard Authorization Act of 2022, and on 

8 an annual basis thereafter, the Commandant shall submit 

9 to the Committee on Commerce, Science, and Transpor10 tation of the Senate and the Committee on Transportation 

11 and Infrastructure of the House of Representatives a re12 port to include— 

13 ‘‘(1) the number of reports received under sec14 tion 10104; 

15 ‘‘(2) the number of penalties issued under such 

16 section; 

17 ‘‘(3) the number of open investigations under 

18 such section, completed investigations under such 

19 section, and the outcomes of such open or completed 

20 investigations; 

21 ‘‘(4) the number of assessments or audits con22 ducted under section 3203 and the outcome of those 

23 assessments or audits; 

24 ‘‘(5) a statistical analysis of compliance with 

25 the safety management system criteria under section 

26 3203; 


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1 ‘‘(6) the number of credentials denied or re2 voked due to sexual harassment, sexual assault, or 

3 related offenses; and 

4 ‘‘(7) recommendations to support efforts of the 

5 Coast Guard to improve investigations and oversight 

6 of sexual harassment and sexual assault in the mari7 time sector, including funding requirements and leg8 islative change proposals necessary to ensure compli9 ance with title VI of the Coast Guard Authorization 

10 Act of 2022 and the amendments made by such 

11 title.’’. 

12 (b) CLERICAL AMENDMENT.—The analysis for chap13 ter 101 of title 46, United States Code, is amended by 

14 adding at the end the following: 

‘‘10105. Reports to Congress.’’. 

15 SEC. 614. POLICY ON REQUESTS FOR PERMANENT 

16 CHANGES OF STATION OR UNIT TRANSFERS 

17 BY PERSONS WHO REPORT BEING THE VIC18 TIM OF SEXUAL ASSAULT. 

19 Not later than 30 days after the date of the enact20 ment of this Act, the Commandant, in consultation with 

21 the Director of the Health, Safety, and Work Life Direc22 torate, shall issue an interim update to Coast Guard policy 

23 guidance to allow a member of the Coast Guard who has 

24 reported being the victim of a sexual assault or any other 

25 offense covered by section 920, 920c, or 930 of title 10, 


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1 United States Code (article 120, 120c, or 130 of the Uni2 form Code of Military Justice) to request an immediate 

3 change of station or a unit transfer. The final policy shall 

4 be updated not later than 1 year after the date of the 

5 enactment of this Act. 

6 SEC. 615. SEX OFFENSES AND PERSONNEL RECORDS. 

7 Not later than 180 days after the date of the enact8 ment of this Act, the Commandant shall issue final regula9 tions or policy guidance required to fully implement sec10 tion 1745 of the National Defense Authorization Act for 

11 Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 1561 

12 note). 

13 SEC. 616. STUDY ON COAST GUARD OVERSIGHT AND INVES14 TIGATIONS. 

15 (a) IN GENERAL.—Not later than 180 days after the 

16 date of the enactment of this Act, the Comptroller General 

17 of the United States shall commence a study to assess the 

18 oversight over Coast Guard activities, including investiga19 tions, personnel management, whistleblower protection, 

20 and other activities carried out by the Department of 

21 Homeland Security Office of Inspector General. 

22 (b) ELEMENTS.—The study required by subsection 

23 (a) shall include the following: 

24 (1) An analysis of the ability of the Department 

25 of Homeland Security Office of Inspector General to 


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1 ensure timely, thorough, complete, and appropriate 

2 oversight over the Coast Guard, including oversight 

3 over both civilian and military activities. 

4 (2) An assessment of— 

5 (A) the best practices with respect to such 

6 oversight; and 

7 (B) the ability of the Department of 

8 Homeland Security Office of Inspector General 

9 and the Commandant to identify and achieve 

10 such best practices. 

11 (3) An analysis of the methods, standards, and 

12 processes employed by the Department of Defense 

13 Office of Inspector General and the Inspectors Gen14 eral of the Armed Forces (as defined in section 101 

15 of title 10, United States Code), other than the 

16 Coast Guard, to conduct oversight and investigation 

17 activities. 

18 (4) An analysis of the methods, standards, and 

19 processes of the Department of Homeland Security 

20 Office of Inspector General with respect to oversight 

21 over the civilian and military activities of the Coast 

22 Guard, as compared to the methods, standards, and 

23 processes described in paragraph (3). 

24 (5) An assessment of the extent to which the 

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1 tigations or other disciplinary measures after refer2 ral of complaints from the Department of Homeland 

3 Security Office of Inspector General. 

4 (6) A description of the staffing, expertise, 

5 training, and other resources of the Department of 

6 Homeland Security Office of Inspector General, and 

7 an assessment as to whether such staffing, expertise, 

8 training, and other resources meet the requirements 

9 necessary for meaningful, timely, and effective over10 sight over the activities of the Coast Guard. 

11 (c) REPORT.—Not later than 1 year after com12 mencing the study required by subsection (a), the Comp13 troller General shall submit to the Committee on Com14 merce, Science, and Transportation of the Senate and the 

15 Committee on Transportation and Infrastructure of the 

16 House of Representatives a report on the findings of the 

17 study, including recommendations with respect to over18 sight over Coast Guard activities. 

19 SEC. 617. STUDY ON SPECIAL VICTIMS’ COUNSEL PRO20 GRAM. 

21 (a) IN GENERAL.—Not later than 30 days after the 

22 date of the enactment of this Act, the Secretary of the 

23 department in which the Coast Guard is operating shall 

24 enter into an agreement with a federally funded research 

25 and development center for the conduct of a study on— 


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1 (1) the Special Victims’ Counsel program of the 

2 Coast Guard; 

3 (2) Coast Guard investigations of sexual assault 

4 offenses for cases in which the subject of the inves5 tigation is no longer under jeopardy for the alleged 

6 misconduct for reasons including the death of the 

7 accused, a lapse in the statute of limitations for the 

8 alleged offense, and a fully adjudicated criminal trial 

9 of the alleged offense in which all appeals have been 

10 exhausted; and 

11 (3) legal support and representation provided to 

12 members of the Coast Guard who are victims of sex13 ual assault, including in instances in which the ac14 cused is a member of the Army, Navy, Air Force, 

15 Marine Corps, or Space Force. 

16 (b) ELEMENTS.—The study required by subsection 

17 (a) shall assess the following: 

18 (1) The Special Victims’ Counsel program of 

19 the Coast Guard, including training, effectiveness, 

20 capacity to handle the number of cases referred, and 

21 experience with cases involving members of the 

22 Coast Guard and members of another Armed Force 

23 (as defined in section 101 of title 10, United States 

24 Code). 


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1 (2) The experience of Special Victims’ Counsels 

2 in representing members of the Coast Guard during 

3 a court-martial. 

4 (3) Policies concerning the availability and de5 tailing of Special Victims’ Counsels for sexual as6 sault allegations, in particular such allegations in 

7 which the accused is a member of another Armed 

8 Force (as defined in section 101 of title 10, United 

9 States Code), and the impact that the cross-service 

10 relationship had on— 

11 (A) the competence and sufficiency of serv12 ices provided to the alleged victim; and 

13 (B) the interaction between— 

14 (i) the investigating agency and the 

15 Special Victims’ Counsels; and 

16 (ii) the prosecuting entity and the 

17 Special Victims’ Counsels. 

18 (4) Training provided to, or made available for, 

19 Special Victims’ Counsels and paralegals with re20 spect to Department of Defense processes for con21 ducting sexual assault investigations and Special 

22 Victims’ Counsel representation of sexual assault 

23 victims. 

24 (5) The ability of Special Victims’ Counsels to 

25 operate independently without undue influence from 


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1 third parties, including the command of the accused, 

2 the command of the victim, the Judge Advocate 

3 General of the Coast Guard, and the Deputy Judge 

4 Advocate General of the Coast Guard. 

5 (6) The skill level and experience of Special Vic6 tims’ Counsels, as compared to special victims’ coun7 sels available to members of the Army, Navy, Air 

8 Force, Marine Corps, and Space Force. 

9 (7) Policies regarding access to an alternate 

10 Special Victims’ Counsel, if requested by the mem11 ber of the Coast Guard concerned, and potential im12 provements for such policies. 

13 (c) REPORT.—Not later than 180 days after entering 

14 into an agreement under subsection (a), the federally 

15 funded research and development center shall submit to 

16 the Committee on Commerce, Science, and Transportation 

17 of the Senate and the Committee on Transportation and 

18 Infrastructure of the House of Representatives a report 

19 that includes— 

20 (1) the findings of the study required by that 

21 subsection; 

22 (2) recommendations to improve the coordina23 tion, training, and experience of Special Victims’ 

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1 comes for members of the Coast Guard who have re2 ported sexual assault; and 

3 (3) any other recommendation the federally 

4 funded research and development center considers 

5 appropriate. 

6 TITLE VII—NATIONAL OCEANIC 

7 AND ATMOSPHERIC ADMINIS8 TRATION 

9 Subtitle A—National Oceanic and 

10 Atmospheric Administration 

11 Commissioned Officer Corps 

12 SEC. 701. DEFINITIONS. 

13 Section 212(b) of the National Oceanic and Atmos14 pheric Administration Commissioned Officer Corps Act of 

15 2002 (33 U.S.C. 3002(b)) is amended by adding at the 

16 end the following: 

17 ‘‘(8) UNDER SECRETARY.—The term ‘Under 

18 Secretary’ means the Under Secretary of Commerce 

19 for Oceans and Atmosphere.’’. 

20 SEC. 702. REQUIREMENT FOR APPOINTMENTS. 

21 Section 221(c) of the National Oceanic and Atmos22 pheric Administration Commissioned Officer Corps Act of 

23 2002 (33 U.S.C. 3021(c)) is amended by striking ‘‘may 

24 not be given’’ and inserting the following: ‘‘may— 


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1 ‘‘(1) be given only to an individual who is a cit2 izen of the United States; and 

3 ‘‘(2) not be given’’. 

4 SEC. 703. REPEAL OF REQUIREMENT TO PROMOTE EN5 SIGNS AFTER 3 YEARS OF SERVICE. 

6 (a) IN GENERAL.—Section 223 of the National Oce7 anic and Atmospheric Administration Commissioned Offi8 cer Corps Act of 2002 (33 U.S.C. 3023) is amended to 

9 read as follows: 

10 ‘‘SEC. 223. SEPARATION OF ENSIGNS FOUND NOT FULLY 

11 QUALIFIED. 

12 ‘‘If an officer in the permanent grade of ensign is 

13 at any time found not fully qualified, the officer’s commis14 sion shall be revoked and the officer shall be separated 

15 from the commissioned service.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 in section 1 of the Act entitled ‘‘An Act to reauthorize 

18 the Hydrographic Services Improvement Act of 1998, and 

19 for other purposes’’ (Public Law 107–372) is amended by 

20 striking the item relating to section 223 and inserting the 

21 following: 

‘‘Sec. 223. Separation of ensigns found not fully qualified.’’. 

22 SEC. 704. AUTHORITY TO PROVIDE AWARDS AND DECORA23 TIONS. 

24 (a) IN GENERAL.—Subtitle A of the National Oce25 anic and Atmospheric Administration Commissioned OffiVerDate Sep 11 2014 18:03 Sep 13, 2022 Jkt 029200 PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 E:\BILLS\S4802.IS S4802

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1 cer Corps Act of 2002 (33 U.S.C. 3001 et seq.) is amend2 ed by adding at the end the following: 

3 ‘‘SEC. 220. AWARDS AND DECORATIONS. 

4 ‘‘The Under Secretary may provide ribbons, medals, 

5 badges, trophies, and similar devices to members of the 

6 commissioned officer corps of the Administration and to 

7 members of other uniformed services for service and 

8 achievement in support of the missions of the Administra9 tion.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 in section 1 of the Act entitled ‘‘An Act to reauthorize 

12 the Hydrographic Services Improvement Act of 1998, and 

13 for other purposes’’ (Public Law 107–372) is amended by 

14 inserting after the item relating to section 219 the fol15 lowing: 

‘‘Sec. 220. Awards and decorations.’’. 

16 SEC. 705. RETIREMENT AND SEPARATION. 

17 (a) INVOLUNTARY RETIREMENT OR SEPARATION.— 

18 Section 241(a)(1) of the National Oceanic and Atmos19 pheric Administration Commissioned Officer Corps Act of 

20 2002 (33 U.S.C. 3041(a)(1)) is amended to read as fol21 lows: 

22 ‘‘(1) an officer in the permanent grade of cap23 tain or commander may— 

24 ‘‘(A) except as provided by subparagraph 

25 (B), be transferred to the retired list; or 


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1 ‘‘(B) if the officer is not qualified for re2 tirement, be separated from service; and’’. 

3 (b) RETIREMENT FOR AGE.—Section 243(a) of that 

4 Act (33 U.S.C. 3043(a)) is amended by striking ‘‘be re5 tired’’ and inserting ‘‘be retired or separated (as specified 

6 in section 1251(e) of title 10, United States Code)’’. 

7 (c) RETIREMENT OR SEPARATION BASED ON YEARS

8 OF CREDITABLE SERVICE.—Section 261(a) of that Act 

9 (33 U.S.C. 3071(a)) is amended— 

10 (1) by redesignating paragraphs (17) through 

11 (26) as paragraphs (18) through (27), respectively; 

12 and 

13 (2) by inserting after paragraph (16) the fol14 lowing: 

15 ‘‘(17) Section 1251(e), relating to retirement or 

16 separation based on years of creditable service.’’. 

17 SEC. 706. LICENSURE OF HEALTH-CARE PROFESSIONALS. 

18 Section 263 of the National Oceanic and Atmospheric 

19 Administration Commissioned Officer Corps Act of 2002 

20 (33 U.S.C. 3073) is amended— 

21 (1) by striking ‘‘The Secretary’’ and inserting 

22 ‘‘(a) IN GENERAL.—The Secretary’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(b) LICENSURE OF HEALTH-CARE PROFES25 SIONALS.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of law regarding the licensure of health3 care providers, a health-care professional described 

4 in paragraph (2) may practice the health profession 

5 or professions of the health-care professional at any 

6 location in any State, the District of Columbia, or 

7 a Commonwealth, territory, or possession of the 

8 United States, or in any other area within or beyond 

9 the jurisdiction of the United States, regardless of 

10 where the health-care professional or the patient of 

11 the health-care professional is located, if the practice 

12 is within the scope of the authorized Federal duties 

13 of the health-care professional. 

14 ‘‘(2) HEALTH-CARE PROFESSIONAL DE15 SCRIBED.—A health-care professional described in 

16 this paragraph is a health-care professional— 

17 ‘‘(A) who is— 

18 ‘‘(i) a member of the commissioned 

19 officer corps of the Administration; 

20 ‘‘(ii) a civilian employee of the Admin21 istration; 

22 ‘‘(iii) an officer or employee of the 

23 Public Health Service who is assigned or 

24 detailed to the Administration; or 


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1 ‘‘(iv) any other health-care profes2 sional credentialed and privileged at a Fed3 eral health-care institution or location spe4 cially designated by the Secretary; and 

5 ‘‘(B) who— 

6 ‘‘(i) has a current license to practice 

7 medicine, osteopathic medicine, dentistry, 

8 or another health profession; and 

9 ‘‘(ii) is performing authorized duties 

10 for the Administration. 

11 ‘‘(3) DEFINITIONS.—In this subsection: 

12 ‘‘(A) HEALTH-CARE PROFESSIONAL.—The 

13 term ‘health-care professional’ has the meaning 

14 given that term in section 1094(e) of title 10, 

15 United States Code, except that such section 

16 shall be applied and administered by sub17 stituting ‘Secretary of Commerce’ for ‘Secretary 

18 of Defense’ each place it appears. 

19 ‘‘(B) LICENSE.—The term ‘license’ has the 

20 meaning given that term in such section.’’. 

21 SEC. 707. IMPROVING PROFESSIONAL MARINER STAFFING. 

22 (a) IN GENERAL.—Subtitle E of the National Oce23 anic and Atmospheric Administration Commissioned Offi24 cer Corps Act of 2002 (33 U.S.C. 3071 et seq.) is amend25 ed by adding at the end the following: 


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1 ‘‘SEC. 269B. SHORE LEAVE FOR PROFESSIONAL MARINERS. 

2 ‘‘(a) IN GENERAL.—The Under Secretary may pre3 scribe regulations relating to shore leave for professional 

4 mariners without regard to the requirements of section 

5 6305 of title 5, United States Code. 

6 ‘‘(b) REQUIREMENTS.—The regulations prescribed 

7 under subsection (a) shall— 

8 ‘‘(1) require that a professional mariner serving 

9 aboard an ocean-going vessel be granted a leave of 

10 absence of four days per pay period; and 

11 ‘‘(2) provide that a professional mariner serving 

12 in a temporary promotion position aboard a vessel 

13 may be paid the difference between the mariner’s 

14 temporary and permanent rates of pay for leave ac15 crued while serving in the temporary promotion posi16 tion. 

17 ‘‘(c) PROFESSIONAL MARINER DEFINED.—In this 

18 section, the term ‘professional mariner’ means an indi19 vidual employed on a vessel of the Administration who has 

20 the necessary expertise to serve in the engineering, deck, 

21 steward, electronic technician, or survey department.’’. 

22 (b) CLERICAL AMENDMENT.—The table of contents 

23 in section 1 of the Act entitled ‘‘An Act to reauthorize 

24 the Hydrographic Services Improvement Act of 1998, and 

25 for other purposes’’ (Public Law 107–372) is amended by 


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1 inserting after the item relating to section 269A the fol2 lowing: 

‘‘Sec. 269B. Shore leave for professional mariners.’’. 

3 SEC. 708. LEGAL ASSISTANCE. 

4 Section 1044(a)(3) of title 10, United States Code, 

5 is amended by inserting ‘‘or the commissioned officer 

6 corps of the National Oceanic and Atmospheric Adminis7 tration’’ after ‘‘Public Health Service’’. 

8 SEC. 709. ACQUISITION OF AIRCRAFT FOR EXTREME 

9 WEATHER RECONNAISSANCE. 

10 (a) INCREASED FLEET CAPACITY.— 

11 (1) IN GENERAL.—The Under Secretary of 

12 Commerce for Oceans and Atmosphere shall acquire 

13 adequate aircraft platforms with the necessary ob14 servation and modification requirements— 

15 (A) to meet agency-wide air reconnaissance 

16 and research mission requirements, particularly 

17 with respect to hurricanes and tropical cyclones, 

18 and also for atmospheric chemistry, climate, air 

19 quality for public health, full-season fire weath20 er research and operations, full-season atmos21 pheric river air reconnaissance observations, 

22 and other mission areas; and 

23 (B) to ensure data and information col24 lected by the aircraft are made available to all 

25 users for research and operations purposes. 


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1 (2) CONTRACTS.—In carrying out paragraph 

2 (1), the Under Secretary shall negotiate and enter 

3 into 1 or more contracts or other agreements, to the 

4 extent practicable and necessary, with 1 or more 

5 governmental, commercial, or nongovernmental enti6 ties. 

7 (3) DERIVATION OF FUNDS.—For each of fiscal 

8 years 2023 through 2026, amounts to support the 

9 implementation of paragraphs (1) and (2) shall be 

10 derived— 

11 (A) from amounts appropriated to the Of12 fice of Marine and Aviation Operations of the 

13 National Oceanic and Atmospheric Administra14 tion and available for the purpose of atmos15 pheric river reconnaissance; and 

16 (B) if amounts described in subparagraph 

17 (A) are insufficient to support the implementa18 tion of paragraphs (1) and (2), from amounts 

19 appropriated to that Office and available for 

20 purposes other than atmospheric river recon21 naissance. 

22 (b) ACQUISITION OF AIRCRAFT TO REPLACE THE

23 WP–3D AIRCRAFT.— 

24 (1) IN GENERAL.—Not later than September 

25 30, 2023, the Under Secretary shall enter into a 


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1 contract for the acquisition of 6 aircraft to replace 

2 the WP–3D aircraft that provides for— 

3 (A) the first newly acquired aircraft to be 

4 fully operational before the retirement of the 

5 last WP–3D aircraft operated by the National 

6 Oceanic and Atmospheric Administration; and 

7 (B) the second newly acquired aircraft to 

8 be fully operational not later than 1 year after 

9 the first such aircraft is required to be fully 

10 operational under subparagraph (A). 

11 (2) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated to the Under 

13 Secretary $1,800,000,000, without fiscal year limita14 tion, for the acquisition of the aircraft under para15 graph (1). 

16 SEC. 710. REPORT ON PROFESSIONAL MARINER STAFFING 

17 MODELS. 

18 (a) IN GENERAL.—Not later than 18 months after 

19 the date of the enactment of this Act, the Comptroller 

20 General of the United States shall submit to the commit21 tees specified in subsection (c) a report on staffing issues 

22 relating to professional mariners within the Office of Ma23 rine and Aviation Operations of the National Oceanic and 

24 Atmospheric Administration. 


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1 (b) ELEMENTS.—The report required by subsection 

2 (a) shall include consideration of— 

3 (1) the challenges the Office of Marine and 

4 Aviation Operations faces in recruiting and retaining 

5 qualified professional mariners; 

6 (2) workforce planning efforts to address those 

7 challenges; and 

8 (3) other models or approaches that exist, or 

9 are under consideration, to provide incentives for the 

10 retention of qualified professional mariners. 

11 (c) COMMITTEES SPECIFIED.—The committees speci12 fied in this subsection are— 

13 (1) the Committee on Commerce, Science, and 

14 Transportation of the Senate; and 

15 (2) the Committee on Transportation and In16 frastructure and the Committee on Natural Re17 sources of the House of Representatives. 

18 (d) PROFESSIONAL MARINER DEFINED.—In this sec19 tion, the term ‘‘professional mariner’’ means an individual 

20 employed on a vessel of the National Oceanic and Atmos21 pheric Administration who has the necessary expertise to 

22 serve in the engineering, deck, steward, or survey depart23 ment. 


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1 Subtitle B—Other Matters 

2 SEC. 711. CONVEYANCE OF CERTAIN PROPERTY OF THE 

3 NATIONAL OCEANIC AND ATMOSPHERIC AD4 MINISTRATION IN JUNEAU, ALASKA. 

5 (a) DEFINITIONS.—In this section: 

6 (1) CITY.—The term ‘‘City’’ means the City 

7 and Borough of Juneau, Alaska. 

8 (2) MASTER PLAN.—The term ‘‘Master Plan’’ 

9 means the Juneau Small Cruise Ship Infrastructure 

10 Master Plan released by the Docks and Harbors 

11 Board and Port of Juneau for the City and dated 

12 March 2021. 

13 (3) PROPERTY.—The term ‘‘Property’’ means 

14 the parcel of real property consisting of approxi15 mately 2.4 acres, including tidelands, owned by the 

16 United States and under administrative custody and 

17 control of the National Oceanic and Atmospheric 

18 Administration and located at 250 Egan Drive, Ju19 neau, Alaska, including any improvements thereon 

20 that are not authorized or required by another provi21 sion of law to be conveyed to a specific individual or 

22 entity. 

23 (4) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Commerce, acting through the 

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1 mosphere and the Administrator of the National 

2 Oceanic and Atmospheric Administration. 

3 (b) CONVEYANCE AUTHORIZED.— 

4 (1) IN GENERAL.—The Secretary may convey, 

5 at fair market value, all right, title, and interest of 

6 the United States in and to the Property, subject to 

7 subsection (c) and the requirements of this section. 

8 (2) TERMINATION OF AUTHORITY.—The au9 thority provided by paragraph (1) shall terminate on 

10 the date that is 3 years after the date of the enact11 ment of this Act. 

12 (c) RIGHT OF FIRST REFUSAL.—The City shall have 

13 the right of first refusal with respect to the purchase, at 

14 fair market value, of the Property. 

15 (d) SURVEY.—The exact acreage and legal descrip16 tion of the Property shall be determined by a survey satis17 factory to the Secretary. 

18 (e) CONDITION; QUITCLAIM DEED.—If the Property 

19 is conveyed under this section, the Property shall be con20 veyed— 

21 (1) in an ‘‘as is, where is’’ condition; and 

22 (2) via a quitclaim deed. 

23 (f) FAIR MARKET VALUE.— 

24 (1) IN GENERAL.—The fair market value of the 

25 Property shall be— 


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1 (A) determined by an appraisal that— 

2 (i) is conducted by an independent ap3 praiser selected by the Secretary; and 

4 (ii) meets the requirements of para5 graph (2); and 

6 (B) adjusted, at the Secretary’s discretion, 

7 based on the factors described in paragraph (3). 

8 (2) APPRAISAL REQUIREMENTS.—An appraisal 

9 conducted under paragraph (1)(A) shall be con10 ducted in accordance with nationally recognized ap11 praisal standards, including— 

12 (A) the Uniform Appraisal Standards for 

13 Federal Land Acquisitions; and 

14 (B) the Uniform Standards of Professional 

15 Appraisal Practice. 

16 (3) FACTORS.—The factors described in this 

17 paragraph are— 

18 (A) matters of equity and fairness; 

19 (B) actions taken by the City regarding 

20 the Property, if the City exercises its right of 

21 first refusal under subsection (c), including— 

22 (i) comprehensive waterfront plan23 ning, site development, and other redevel24 opment activities supported by the City in 


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1 proximity to the Property in furtherance of 

2 the Master Plan; 

3 (ii) in-kind contributions made to fa4 cilitate and support use of the Property by 

5 governmental agencies; and 

6 (iii) any maintenance expenses, capital 

7 improvement, or emergency expenditures 

8 made necessary to ensure public safety and 

9 access to and from the Property; and 

10 (C) such other factors as the Secretary 

11 considers appropriate. 

12 (g) COSTS OF CONVEYANCE.—If the City exercises 

13 its right of first refusal under subsection (c), all reason14 able and necessary costs, including real estate transaction 

15 and environmental documentation costs, associated with 

16 the conveyance of the Property to the City under this sec17 tion may be shared equitably by the Secretary and the 

18 City, as determined by the Secretary, including with the 

19 City providing in-kind contributions for any or all of such 

20 costs. 

21 (h) PROCEEDS.—Notwithstanding section 3302 of 

22 title 31, United States Code, or any other provision of law, 

23 any proceeds from a conveyance of the Property under this 

24 section shall— 


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1 (1) be deposited in an account or accounts of 

2 the National Oceanic and Atmospheric Administra3 tion that exists as of the date of the enactment of 

4 this Act; 

5 (2) used to cover costs associated with the con6 veyance, related relocation efforts, and other facility 

7 and infrastructure projects in Alaska; and 

8 (3) remain available until expended, without 

9 further appropriation. 

10 (i) MEMORANDUM OF AGREEMENT.—If the City ex11 ercises its right of first refusal under subsection (c), before 

12 finalizing a conveyance to the City under this section, the 

13 Secretary and the City shall enter into a memorandum 

14 of agreement to establish the terms under which the Sec15 retary shall have future access to, and use of, the Property 

16 to accommodate the reasonable expectations of the Sec17 retary for future operational and logistical needs in south18 east Alaska. 

19 (j) RESERVATION OR EASEMENT FOR ACCESS AND

20 USE.—The conveyance authorized under this section shall 

21 be subject to a reservation providing, or an easement 

22 granting, the Secretary, at no cost to the United States, 

23 a right to access and use the Property that— 

24 (1) is compatible with the Master Plan; and 


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1 (2) authorizes future operational access and use 

2 by other Federal, State, and local government agen3 cies that have customarily used the Property. 

4 (k) LIABILITY.— 

5 (1) AFTER CONVEYANCE.—An individual or en6 tity to which a conveyance is made under this sec7 tion shall hold the United States harmless from any 

8 liability with respect to activities carried out on or 

9 after the date and time of the conveyance of the 

10 Property. 

11 (2) BEFORE CONVEYANCE.—The United States 

12 shall remain responsible for any liability the United 

13 States incurred with respect to activities the United 

14 States carried out on the Property before the date 

15 and time of the conveyance of the Property. 

16 (l) ADDITIONAL TERMS AND CONDITIONS.—The Sec17 retary may require such additional terms and conditions 

18 in connection with a conveyance under this section as the 

19 Secretary considers appropriate and reasonable to protect 

20 the interests of the United States. 

21 (m) ENVIRONMENTAL COMPLIANCE.—Nothing in 

22 this section may be construed to affect or limit the applica23 tion of or obligation to comply with any applicable environ24 mental law, including— 


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1 (1) the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.); or 

3 (2) section 120(h) of the Comprehensive Envi4 ronmental Response, Compensation, and Liability 

5 Act of 1980 (42 U.S.C. 9620(h)). 

6 (n) CONVEYANCE NOT A MAJOR FEDERAL AC7 TION.—A conveyance under this section shall not be con8 sidered a major Federal action for purposes of section 

9 102(2) of the National Environmental Policy Act of 1969 

10 (42 U.S.C. 4332(2)). 

11 TITLE VIII—TECHNICAL, CON12 FORMING, AND CLARIFYING 

13 AMENDMENTS 

14 SEC. 801. TECHNICAL CORRECTIONS. 

15 (a) Section 319(b) of title 14, United States Code, 

16 is amended by striking ‘‘section 331 of the FAA Mod17 ernization and Reform Act of 2012 (49 U.S.C. 40101 

18 note)’’ and inserting ‘‘section 44801 of title 49’’. 

19 (b) Section 1156(c) of title 14, United States Code, 

20 is amended by striking ‘‘section 331 of the FAA Mod21 ernization and Reform Act of 2012 (49 U.S.C. 40101 

22 note)’’ and inserting ‘‘section 44801 of title 49’’. 


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1 SEC. 802. REINSTATEMENT. 

2 (a) REINSTATEMENT.—The text of section 12(a) of 

3 the Act of June 21, 1940 (33 U.S.C. 522(a)), popularly 

4 known as the Truman-Hobbs Act, is— 

5 (1) reinstated as it appeared on the day before 

6 the date of the enactment of section 8507(b) of the 

7 William M. (Mac) Thornberry National Defense Au8 thorization Act for Fiscal Year 2021 (Public Law 

9 116–283; 134 Stat. 4754); and 

10 (2) redesignated as the sole text of section 12 

11 of the Act of June 21, 1940 (33 U.S.C. 522). 

12 (b) EFFECTIVE DATE.—The provision reinstated by 

13 subsection (a) shall be treated as if such section 8507(b) 

14 had never taken effect. 

15 (c) CONFORMING AMENDMENT.—The provision rein16 stated under subsection (a) is amended by striking ‘‘, ex17 cept to the extent provided in this section’’. 

18 SEC. 803. TERMS AND VACANCIES. 

19 Section 46101(b) of title 46, United States Code, is 

20 amended— 

21 (1) in paragraph (2)— 

22 (A) by striking ‘‘one year’’ and inserting 

23 ‘‘2 years’’; and 

24 (B) by striking ‘‘2 terms’’ and inserting ‘‘3 

25 terms’’; and 

26 (2) in paragraph (3)— 


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1 (A) by striking ‘‘of the individual being 

2 succeeded’’ and inserting ‘‘to which such indi3 vidual is appointed’’; 

4 (B) by striking ‘‘2 terms’’ and inserting ‘‘3 

5 terms’’; and 

6 (C) by striking ‘‘the predecessor of that’’ 

7 and inserting ‘‘such’’. 

Æ 


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