I 

117TH CONGRESS 

2D SESSION H. R. 6865 

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

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2022 

Mr. DEFAZIO (for himself, Mr. GRAVES of Missouri, Mr. CARBAJAL, and Mr. 

GIBBS) introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

A BILL 

To authorize appropriations for the Coast Guard, and for 

other purposes. 

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. 

TITLE I—AUTHORIZATION 

Sec. 101. Authorization of appropriations. 

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

Sec. 103. Shoreside infrastructure and facilities. 


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Sec. 104. Availability of amounts for acquisition of additional cutters. 

TITLE II—COAST GUARD 

Subtitle A—Military Personnel Matters 

Sec. 201. Authorized strength. 

Sec. 202. Continuation of officers with certain critical skills on active duty. 

Sec. 203. Number and distribution of officers on active duty promotion list. 

Sec. 204. Coast Guard behavioral health policy. 

Sec. 205. Improving representation of women and of racial and ethnic minorities among Coast Guard active-duty members. 

Subtitle B—Operational Matters 

Sec. 206. Pilot project for enhancing Coast Guard cutter readiness through 

condition-based maintenance. 

Sec. 207. Unmanned systems strategy. 

Sec. 208. Budgeting of Coast Guard relating to certain operations. 

Sec. 209. Report on San Diego maritime domain awareness. 

Sec. 210. Great Lakes winter shipping. 

Sec. 211. Center of expertise for Great Lakes oil spill search and response. 

Subtitle C—Other Matters 

Sec. 212. Responses of Commandant of the Coast Guard to safety recommendations. 

Sec. 213. Conveyance of Coast Guard vessels for public purposes. 

Sec. 214. Acquisition life-cycle cost estimates. 

Sec. 215. National Coast Guard Museum funding plan. 

Sec. 216. Report on Coast Guard explosive ordnance disposal. 

Sec. 217. Pribilof Island transition completion actions. 

Sec. 218. Notification of communication outages. 

TITLE III—MARITIME 

Subtitle A—Shipping 

Sec. 301. Nonoperating individual. 

Sec. 302. Oceanographic research vessels. 

Sec. 303. Atlantic Coast port access routes briefing. 

Subtitle B—Vessel Safety 

Sec. 304. Fishing vessel safety. 

Sec. 305. Requirements for DUKW-type amphibious passenger vessels. 

Sec. 306. Exoneration and limitation of liability for small passengers vessels. 

Subtitle C—Shipbuilding Program 

Sec. 307. Loans for retrofitting to qualify as a vessel of the United States. 

Sec. 308. Qualified vessel. 

Sec. 309. Establishing a capital construction fund. 

TITLE IV—MISCELLANEOUS 

Subtitle A—Navigation 

Sec. 401. Restriction on changing salvors. 


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Sec. 402. Towing vessel inspection fees. 

Sec. 403. Providing requirements for vessels anchored in established anchorage 

grounds. 

Sec. 404. Aquatic Nuisance Species Task Force. 

Sec. 405. Limitation on recovery for certain injuries incurred in aquaculture activities. 

Subtitle B—Other Matters 

Sec. 406. Information on type approval certificates. 

Sec. 407. Passenger vessel security and safety requirements. 

Sec. 408. Cargo waiting time reduction. 

Sec. 409. Limited indemnity provisions in standby oil spill response contracts. 

Sec. 410. Port Coordination Council for Point Spencer. 

Sec. 411. Alaska oil spill planning criteria. 

Sec. 412. Nonapplicability. 

TITLE V—SEXUAL ASSAULT AND SEXUAL HARASSMENT 

PREVENTION AND RESPONSE 

Sec. 501. Definitions. 

Sec. 502. Convicted sex offender as grounds for denial. 

Sec. 503. Sexual harassment or sexual assault as grounds for suspension or 

revocation. 

Sec. 504. Accommodation; notices. 

Sec. 505. Protection against discrimination. 

Sec. 506. Alcohol prohibition. 

Sec. 507. Surveillance requirements. 

Sec. 508. Master key control. 

Sec. 509. Safety management systems. 

Sec. 510. Requirement to report sexual assault and harassment. 

Sec. 511. Civil actions for personal injury or death of seamen. 

Sec. 512. Administration of sexual assault forensic examination kits. 

TITLE VI—TECHNICAL, CONFORMING, AND CLARIFYING 

AMENDMENTS 

Sec. 601. Technical corrections. 

Sec. 602. Transportation worker identification credential technical amendments. 

Sec. 603. Reinstatement. 

1 TITLE I—AUTHORIZATION 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

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

4 amended— 

5 (1) in the matter preceding paragraph (1) by 

6 striking ‘‘years 2020 and 2021’’ and inserting 

7 ‘‘years 2022 and 2023’’; 


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1 (2) in paragraph (1)— 

2 (A) in subparagraph (A)— 

3 (i) by striking ‘‘$8,151,620,850 for 

4 fiscal year 2020’’ and inserting 

5 ‘‘$9,282,360,000 for fiscal year 2022’’; 

6 and 

7 (ii) by striking ‘‘$8,396,169,475 for 

8 fiscal year 2021’’ and inserting 

9 ‘‘$10,210,596,000 for fiscal year 2023’’; 

10 (B) in subparagraph (B) by striking 

11 ‘‘$17,035,000’’ and inserting ‘‘$17,723,520’’; 

12 and 

13 (C) in subparagraph (C) by striking 

14 ‘‘$17,376,000’’ and inserting ‘‘$18,077,990’’; 

15 (3) in paragraph (2)— 

16 (A) in subparagraph (A)— 

17 (i) by striking ‘‘$2,794,745,000 for 

18 fiscal year 2020’’ and inserting 

19 ‘‘$3,312,114,000 for fiscal year 2022’’; 

20 and 

21 (ii) by striking ‘‘$3,312,114,000 for 

22 fiscal year 2021’’ and inserting 

23 ‘‘$3,477,600,000 for fiscal year 2023’’; 

24 and 

25 (B) in subparagraph (B)— 


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1 (i) by striking ‘‘$10,000,000 for fiscal 

2 year 2020’’ and inserting ‘‘$20,400,000 for 

3 fiscal year 2022’’; and 

4 (ii) by striking ‘‘$20,000,000 for fis5 cal year 2021’’ and inserting ‘‘$20,808,000 

6 for fiscal year 2023’’; 

7 (4) in paragraph (3)— 

8 (A) by striking ‘‘$13,834,000 for fiscal 

9 year 2020’’ and inserting ‘‘$14,393,220 for fis10 cal year 2022’’; and 

11 (B) by striking ‘‘$14,111,000 for fiscal 

12 year 2021’’ and inserting ‘‘$14,681,084 for fis13 cal year 2023’’; and 

14 (5) in paragraph (4)— 

15 (A) by striking ‘‘$205,107,000 for fiscal 

16 year 2020’’ and inserting ‘‘$213,393,180 for 

17 fiscal year 2022’’; and 

18 (B) by striking ‘‘$209,209,000 for fiscal 

19 year 2021’’ and inserting ‘‘$217,661,044 for 

20 fiscal year 2023’’. 

21 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

22 AND TRAINING. 

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

24 amended— 


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

2 2020 and 2021’’ and inserting ‘‘fiscal years 2022 

3 and 2023’’; and 

4 (2) in subsection (b) by striking ‘‘fiscal years 

5 2020 and 2021’’ and inserting ‘‘fiscal years 2022 

6 and 2023’’. 

7 SEC. 103. SHORESIDE INFRASTRUCTURE AND FACILITIES. 

8 (a) IN GENERAL.—Of the amounts authorized to be 

9 appropriated under section 4902(2)(A) of title 14, United 

10 States Code, for each of fiscal years 2022 and 2023, up 

11 to $585,000,000 shall be authorized for the Secretary of 

12 the department in which the Coast Guard is operating to 

13 fund the acquisition, construction, rebuilding, or improve14 ment of Coast Guard shoreside infrastructure and facili15 ties necessary to support Coast Guard operations and 

16 readiness. 

17 (b) BALTIMORE COAST GUARD YARD.—Of the 

18 amounts set aside under subsection (a), up to 

19 $175,000,000 shall be authorized to improve facilities at 

20 the Coast Guard Yard in Baltimore, Maryland, including 

21 improvements to piers and wharves, dry dock, capital 

22 equipment utilities, or dredging necessary to facilitate ac23 cess to such Yard. 

24 (c) TRAINING CENTER CAPE MAY.—Of the amounts 

25 set aside under subsection (a), up to $60,000,000 shall 


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1 be authorized to fund Phase I, in fiscal year 2022, and 

2 Phase II, in fiscal year 2023, for the recapitalization of 

3 the barracks at the United States Coast Guard Training 

4 Center Cape May in Cape May, New Jersey. 

5 (d) MITIGATION OF HAZARD RISKS.—In carrying out 

6 projects with funds authorized under this section, the 

7 Coast Guard shall mitigate, to the greatest extent prac8 ticable, natural hazard risks identified in any Shore Infra9 structure Vulnerability Assessment for Phase I related to 

10 such projects. 

11 SEC. 104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF 

12 ADDITIONAL CUTTERS. 

13 (a) IN GENERAL.—Of the amounts authorized to be 

14 appropriated under— 

15 (1) section 4902(2)(A)(i) of title 14, United 

16 States Code, as amended by section 101 of this title, 

17 for fiscal year 2022— 

18 (A) $300,000,000 shall be authorized for 

19 the acquisition of a twelfth National Security 

20 Cutter; and 

21 (B) $210,000,000 shall be authorized for 

22 the acquisition of 3 Fast Response Cutters; and 

23 (2) section 4902(2)(A)(ii) of title 14, United 

24 States Code, as amended by section 101 of this title, 

25 for fiscal year 2023— 


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1 (A) $300,000,000 shall be authorized for 

2 the acquisition of a twelfth National Security 

3 Cutter; and 

4 (B) $210,000,000 shall be authorized for 

5 the acquisition of 3 Fast Response Cutters. 

6 (b) TREATMENT OF ACQUIRED CUTTER.—Any cutter 

7 acquired using amounts authorized under subsection (a) 

8 shall be in addition to the National Security Cutters and 

9 Fast Response Cutters approved under the existing acqui10 sition baseline in the program of record for the National 

11 Security Cutter and Fast Response Cutter. 

12 (c) GREAT LAKES ICEBREAKER ACQUISITION.—Of 

13 the amounts authorized to be appropriated under section 

14 4902(2)(A)(ii) of title 14, United States Code— 

15 (1) for fiscal year 2022, $350,000,000 shall be 

16 authorized for the acquisition of a Great Lakes ice17 breaker at least as capable as Coast Guard Cutter 

18 Mackinaw (WLBB–30); and 

19 (2) for fiscal year 2023, $20,000,000 shall be 

20 authorized for the design and selection of 

21 icebreaking cutters for operation in the Great Lakes, 

22 the Northeastern United States, and the Arctic, as 

23 appropriate, that are at least as capable as the 

24 Coast Guard 140-foot icebreaking tugs. 


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1 TITLE II—COAST GUARD 

2 Subtitle A—Military Personnel 

3 Matters 

4 SEC. 201. AUTHORIZED STRENGTH. 

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

6 amended by adding at the end the following: 

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

8 strength of the Coast Guard Selected Reserves for a fiscal 

9 year by a number equal to not more than 3 percent of 

10 such end strength upon a determination by the Secretary 

11 that varying such authorized end strength is in the na12 tional interest. 

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

14 end strength of the Coast Guard Selected Reserves by a 

15 number equal to not more than 2 percent of such author16 ized end strength upon a determination by the Com17 mandant that such increase would enhance manning and 

18 readiness in essential units or in critical specialties or rat19 ings.’’. 

20 SEC. 202. CONTINUATION OF OFFICERS WITH CERTAIN 

21 CRITICAL SKILLS ON ACTIVE DUTY. 

22 (a) IN GENERAL.—Chapter 21 of title 14, United 

23 States Code, is amended by inserting after section 2165 

24 the following: 


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1 ‘‘§ 2166. Continuation on active duty; Coast Guard of2 ficers with certain critical skills 

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

4 an officer in a grade above grade O–2 to remain on active 

5 duty after the date otherwise provided for the retirement 

6 of such officer in section 2154 of this title, if the officer 

7 possesses a critical skill, or specialty, or is in a career field 

8 designated pursuant to subsection (b). 

9 ‘‘(b) CRITICAL SKILLS, SPECIALTY, OR CAREER

10 FIELD.—The Commandant shall designate any critical 

11 skill, specialty, or career field eligible for continuation on 

12 active duty as provided in subsection (a). 

13 ‘‘(c) DURATION OF CONTINUATION.—An officer con14 tinued on active duty pursuant to this section shall, if not 

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

16 after the month in which the officer completes 40 years 

17 of active service. 

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

19 section by prescribing policy which shall specify the cri20 teria to be used in designating any critical skill, specialty, 

21 or career field for purposes of subsection (b).’’. 

22 (b) CLERICAL AMENDMENT.—The analysis for chap23 ter 21 of title 14, United States Code, is amended by in24 serting after the item relating to section 2165 the fol25 lowing: 


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‘‘2166. Continuation on active duty; Coast Guard officers with certain critical 

skills.’’. 

1 SEC. 203. NUMBER AND DISTRIBUTION OF OFFICERS ON 

2 ACTIVE DUTY PROMOTION LIST. 

3 (a) MAXIMUM NUMBER OF OFFICERS.—Section 

4 2103(a) of title 14, United States Code, is amended to 

5 read as follows: 

6 ‘‘(a) MAXIMUM TOTAL NUMBER.— 

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

8 Guard commissioned officers on the active duty pro9 motion list, excluding warrant officers, shall not ex10 ceed— 

11 ‘‘(A) 7,100 in fiscal year 2022; 

12 ‘‘(B) 7,200 in fiscal year 2023; 

13 ‘‘(C) 7,300 in fiscal year 2024; and 

14 ‘‘(D) 7,400 in fiscal year 2025 and each 

15 subsequent fiscal year. 

16 ‘‘(2) TEMPORARY INCREASE.—Notwithstanding 

17 paragraph (1), the Commandant may temporarily 

18 increase the total number of commissioned officers 

19 permitted under such paragraph by up to 2 percent 

20 for no more than 60 days following the date of the 

21 commissioning of a Coast Guard Academy class. 

22 ‘‘(3) NOTIFICATION.—Not later than 30 days 

23 after exceeding the total number of commissioned of24 ficers permitted under paragraph (1), and each 30 


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1 days thereafter until the total number of commis2 sioned officers no longer exceeds the number of such 

3 officers permitted under paragraph (1), the Com4 mandant shall notify the Committee on Transpor5 tation and Infrastructure of the House of Represent6 atives and the Committee on Commerce, Science, 

7 and Transportation of the Senate of the number of 

8 officers on the active duty promotion list on the last 

9 day of the preceding 30-day period.’’. 

10 (b) OFFICERS NOT ON ACTIVE DUTY PROMOTION

11 LIST.— 

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

13 United States Code, is amended by adding at the 

14 end the following: 

15 ‘‘§ 5113. Officers not on active duty promotion list 

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

17 President submits to Congress a budget pursuant to sec18 tion 1105 of title 31, the Commandant shall submit to 

19 the Committee on Transportation and Infrastructure of 

20 the House of Representatives and the Committee on Com21 merce, Science, and Transportation of the Senate the 

22 number of Coast Guard officers serving at other Federal 

23 entities on a reimbursable basis but not on the active duty 

24 promotion list.’’. 


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1 (2) CLERICAL AMENDMENT.—The analysis for 

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

3 amended by adding at the end the following: 

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

4 SEC. 204. COAST GUARD BEHAVIORAL HEALTH POLICY. 

5 (a) INTERIM BEHAVIORAL HEALTH POLICY.—Not 

6 later than 60 days after the date of enactment of this Act, 

7 the Commandant of the Coast Guard shall establish an 

8 interim behavioral health policy for members of the Coast 

9 Guard equivalent to the policy described in section 5.28 

10 (relating to behavioral health) of Department of Defense 

11 Instruction 6130.03, volume 2, ‘‘Medical Standards for 

12 Military Service: Retention’’. 

13 (b) TERMINATION.—The interim policy established 

14 under subsection (a) shall remain in effect until the date 

15 on which the Commandant issues a permanent behavior 

16 health policy for members of the Coast Guard which is, 

17 to the extent practicable, equivalent to such section 5.28. 

18 SEC. 205. IMPROVING REPRESENTATION OF WOMEN AND 

19 OF RACIAL AND ETHNIC MINORITIES AMONG 

20 COAST GUARD ACTIVE-DUTY MEMBERS. 

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

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

23 Coast Guard shall— 

24 (1) determine which recommendations in the 

25 RAND representation report can practicably be imVerDate Sep 11 2014 19:44 Mar 04, 2022 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H6865.IH H6865

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1 plemented to promote improved representation in the 

2 Coast Guard of— 

3 (A) women; and 

4 (B) racial and ethnic minorities; and 

5 (2) submit to the Committee on Transportation 

6 and Infrastructure of the House of Representatives 

7 and the Committee on Commerce, Science, and 

8 Transportation of the Senate a report on the actions 

9 the Commandant has taken, or plans to take, to im10 plement such recommendations. 

11 (b) CURRICULUM AND TRAINING.—The Com12 mandant shall update, to reflect actions described under 

13 subsection (a)(2), the curriculum and training materials 

14 used at— 

15 (1) officer accession points, including the Coast 

16 Guard Academy and the Leadership Development 

17 Center; 

18 (2) enlisted member accession at the United 

19 States Coast Guard Training Center Cape May in 

20 Cape May, New Jersey; and 

21 (3) the officer, enlisted member, and civilian 

22 leadership courses managed by the Leadership De23 velopment Center. 

24 (c) DEFINITION.—In this section, the term ‘‘RAND 

25 representation report’’ means the report titled ‘‘Improving 


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1 the Representation of Women and Racial/Ethnic Minori2 ties Among U.S. Coast Guard Active-Duty Members’’ 

3 issued by the Homeland Security Operational Analysis 

4 Center of the RAND Corporation on August 11, 2021. 

5 Subtitle B—Operational Matters 

6 SEC. 206. PILOT PROJECT FOR ENHANCING COAST GUARD 

7 CUTTER READINESS THROUGH CONDITION8 BASED MAINTENANCE. 

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

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

11 Coast Guard shall conduct a pilot project to enhance cut12 ter readiness and reduce lost patrol days through the de13 ployment of commercially developed condition-based pro14 gram standards for cutter maintenance, in accordance 

15 with the criteria set forth in subsection (b). 

16 (b) CRITERIA FOR CONDITION-BASED MAINTENANCE

17 EVALUATION.—In conducting the pilot project under sub18 section (a), the Commandant shall— 

19 (1) select at least 1 legacy cutter asset and 1 

20 class of cutters under construction with respect to 

21 which the application of the pilot project would en22 hance readiness; 

23 (2) use commercially developed condition-based 

24 program standards similar to those applicable to pri25 vately owned and operated vessels or vessels owned 


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1 or operated by other Federal agencies (such as those 

2 currently operating under the direction of Military 

3 Sealift Command); 

4 (3) create and model a full ship digital twin for 

5 the cutters selected under paragraph (1); 

6 (4) install or modify instrumentation capable of 

7 producing full hull, mechanical, and electrical data 

8 necessary to analyze cutter operational conditions 

9 with active maintenance alerts; and 

10 (5) deploy artificial intelligence, prognostic11 based integrated maintenance planning modeled 

12 after standards described in paragraph (2). 

13 (c) REPORT TO CONGRESS.—The Commandant shall 

14 submit to the Committee on Commerce, Science, and 

15 Transportation of the Senate and the Committee on 

16 Transportation and Infrastructure of the House of Rep17 resentatives— 

18 (1) an interim report not later than 6 months 

19 after the date of enactment of this Act on the 

20 progress in carrying out the pilot project described 

21 in subsection (a); and 

22 (2) a final report not later than 2 years after 

23 the date of enactment of this Act on the results of 

24 the pilot project described in subsection (a) that in25 cludes— 


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1 (A) options to integrate commercially de2 veloped condition-based program standards for 

3 cutter maintenance to Coast Guard cutters; and 

4 (B) plans to deploy commercially developed 

5 condition-based program standards for cutter 

6 maintenance to Coast Guard cutters. 

7 SEC. 207. UNMANNED SYSTEMS STRATEGY. 

8 (a) SUBMISSION TO CONGRESS.—Not later than 180 

9 days after the date of enactment of this Act, the Com10 mandant of the Coast Guard shall submit to the Com11 mittee on Transportation and Infrastructure of the House 

12 of Representatives and the Committee on Commerce, 

13 Science, and Transportation of the Senate a detailed de14 scription of the strategy of the Coast Guard to implement 

15 unmanned systems across mission areas, including— 

16 (1) the steps taken to implement actions rec17 ommended in the consensus study report of the Na18 tional Academies of Sciences, Engineering, and Med19 icine published on November 12, 2020, titled 

20 ‘‘Leveraging Unmanned Systems for Coast Guard 

21 Missions: A Strategic Imperative’’; 

22 (2) the strategic goals and acquisition strategies 

23 for proposed uses and procurements of unmanned 

24 systems; 


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1 (3) a strategy to sustain competition and inno2 vation for procurement of unmanned systems and 

3 services for the Coast Guard, including defining op4 portunities for new and existing technologies; and 

5 (4) an estimate of the timeline, costs, staff re6 sources, technology, or other resources necessary to 

7 accomplish the strategy. 

8 (b) PILOT PROJECT.— 

9 (1) AUTONOMOUS CONTROL AND COMPUTER VI10 SION TECHNOLOGY.—The Commandant of the Coast 

11 Guard, acting through the Blue Technology Center 

12 of Expertise, shall conduct a pilot project to retrofit 

13 an existing Coast Guard small boat with— 

14 (A) commercially available autonomous 

15 control and computer vision technology; and 

16 (B) such sensors and methods of commu17 nication as are necessary to demonstrate the 

18 ability of such control and technology to assist 

19 in conducting search and rescue, surveillance, 

20 and interdiction missions. 

21 (2) COLLECTION OF DATA.—The pilot project 

22 under paragraph (1) shall evaluate commercially 

23 available products in the field and collect operational 

24 data to inform future requirements. 


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1 (3) BRIEFING.—Not later than 6 months after 

2 completing the pilot project required under para3 graph (1), the Commandant shall brief the Com4 mittee on Transportation and Infrastructure of the 

5 House of Representatives and the Committee on 

6 Commerce, Science, and Transportation of the Sen7 ate on the evaluation of the data derived from the 

8 project. 

9 SEC. 208. BUDGETING OF COAST GUARD RELATING TO CER10 TAIN OPERATIONS. 

11 (a) IN GENERAL.—Chapter 51 of title 14, United 

12 States Code, is further amended by adding at the end the 

13 following: 

14 ‘‘§ 5114. Expenses of performing and executing de15 fense readiness mission activities 

16 ‘‘The Commandant of the Coast Guard shall include 

17 in the annual budget submission of the President under 

18 section 1105(a) of title 31, a dedicated budget line item 

19 that adequately represents a calculation of the annual 

20 costs and expenditures of performing and executing all de21 fense readiness mission activities, including— 

22 ‘‘(1) all expenses related to the Coast Guard’s 

23 coordination, training, and execution of defense 

24 readiness mission activities in the Coast Guard’s ca25 pacity as an Armed Force (as such term is defined 


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1 in section 101 of title 10) in support of Department 

2 of Defense national security operations and activities 

3 or for any other military department or defense 

4 agency (as such terms are defined in such section); 

5 ‘‘(2) costs associated with Coast Guard detach6 ments assigned in support of the Coast Guard’s de7 fense readiness mission; and 

8 ‘‘(3) any other expenses, costs, or matters the 

9 Commandant determines appropriate or otherwise of 

10 interest to Congress.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for chap12 ter 51 of title 14, United States Code, is further amended 

13 by adding at the end the following: 

‘‘5114. Expenses of performing and executing defense readiness mission activities.’’. 

14 SEC. 209. REPORT ON SAN DIEGO MARITIME DOMAIN 

15 AWARENESS. 

16 Not later than 180 days after the date of enactment 

17 of this Act, the Commandant of the Coast Guard shall 

18 submit to the Committee on Transportation and Infra19 structure of the House of Representatives and the Com20 mittee on Commerce, Science, and Transportation of the 

21 Senate a report containing— 

22 (1) an overview of the maritime domain aware23 ness in the area of responsibility of the Coast Guard 


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1 sector responsible for San Diego, California, includ2 ing— 

3 (A) the average volume of known maritime 

4 traffic that transited the area during fiscal 

5 years 2020 through 2022; 

6 (B) current sensor platforms deployed by 

7 such sector to monitor illicit activity occurring 

8 at sea in such area; 

9 (C) the number of illicit activity incidents 

10 at sea in such area that the sector responded to 

11 during fiscal years 2020 through 2022; 

12 (D) an estimate of the volume of traffic 

13 engaged in illicit activity at sea in such area 

14 and the type and description of any vessels used 

15 to carry out illicit activities that such sector re16 sponded to during fiscal years 2020 through 

17 2022; and 

18 (E) the maritime domain awareness re19 quirements to effectively meet the mission of 

20 such sector; 

21 (2) a description of current actions taken by the 

22 Coast Guard to partner with Federal, regional, 

23 State, and local entities to meet the maritime do24 main awareness needs of such area; 


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1 (3) a description of any gaps in maritime do2 main awareness within the area of responsibility of 

3 such sector resulting from an inability to meet the 

4 enduring maritime domain awareness requirements 

5 of the sector or adequately respond to maritime dis6 order; 

7 (4) an identification of current technology and 

8 assets the Coast Guard has to mitigate the gaps 

9 identified in paragraph (3); 

10 (5) an identification of capabilities needed to 

11 mitigate such gaps, including any capabilities the 

12 Coast Guard currently possesses that can be de13 ployed to the sector; 

14 (6) an identification of technology and assets 

15 the Coast Guard does not currently possess and are 

16 needed to acquire in order to address such gaps; and 

17 (7) an identification of any financial obstacles 

18 that prevent the Coast Guard from deploying exist19 ing commercially available sensor technology to ad20 dress such gaps. 

21 SEC. 210. GREAT LAKES WINTER SHIPPING. 

22 (a) GREAT LAKES ICEBREAKING OPERATIONS.— 

23 (1) GOVERNMENT ACCOUNTABILITY OFFICE RE24 PORT.— 


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1 (A) IN GENERAL.—Not later than 1 year 

2 after the date of enactment of this Act, the 

3 Comptroller General of the United States shall 

4 submit to the Committee on Commerce, 

5 Science, and Transportation of the Senate and 

6 the Committee on Transportation and Infra7 structure of the House of Representatives a re8 port on Coast Guard icebreaking in the Great 

9 Lakes. 

10 (B) ELEMENTS.—The report required 

11 under subparagraph (A) shall— 

12 (i) evaluate— 

13 (I) the economic impact related 

14 to vessel delays or cancellations asso15 ciated with ice coverage on the Great 

16 Lakes; 

17 (II) the impact the standards 

18 proposed in paragraph (2) would have 

19 on Coast Guard operations in the 

20 Great Lakes if such standards were 

21 adopted; 

22 (III) the fleet mix of medium ice23 breakers and icebreaking tugs nec24 essary to meet the standards proposed 

25 in paragraph (2); and 


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1 (IV) the resources necessary to 

2 support the fleet described in sub3 clause (III), including billets for crew 

4 and operating costs; and 

5 (ii) make recommendations to the 

6 Commandant for improvements to the 

7 Great Lakes icebreaking program, includ8 ing with respect to facilitating shipping 

9 and meeting all Coast Guard mission 

10 needs. 

11 (2) PROPOSED STANDARDS FOR ICEBREAKING

12 OPERATIONS.—The proposed standards, the impact 

13 of the adoption of which is evaluated in subclauses 

14 (II) and (III) of paragraph (1)(B)(i), are the fol15 lowing: 

16 (A) Except as provided in subparagraph 

17 (B), the ice-covered waterways in the Great 

18 Lakes shall be open to navigation not less than 

19 90 percent of the hours that vessels engaged in 

20 commercial service and ferries attempt to tran21 sit such ice-covered waterways. 

22 (B) In a year in which the Great Lakes 

23 are not open to navigation, as described in sub24 paragraph (A), because of ice of a thickness 

25 that occurs on average only once every 10 


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1 years, ice-covered waterways in the Great Lakes 

2 shall be open to navigation at least 70 percent 

3 of the hours that vessels engaged in commercial 

4 service and ferries attempt to transit such ice5 covered waterways. 

6 (3) REPORT BY COMMANDANT.—Not later than 

7 90 days after the date on which the Comptroller 

8 General submits the report under paragraph (1), the 

9 Commandant shall submit to the Committee on 

10 Commerce, Science, and Transportation of the Sen11 ate and the Committee on Transportation and Infra12 structure of the House of Representatives a report 

13 that includes the following: 

14 (A) A plan for Coast Guard implementa15 tion of any recommendation made by the Comp16 troller General under paragraph (1)(B)(ii) with 

17 which the Commandant concurs. 

18 (B) With respect to any recommendation 

19 made under paragraph (1)(B)(ii) with which 

20 the Commandant does not concur, an expla21 nation of the reasons why the Commandant 

22 does not concur. 

23 (C) A review of, and a proposed implemen24 tation plan for, the results of the fleet mix anal25 ysis under paragraph (1)(B)(i)(III). 


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1 (D) Any proposed modifications to current 

2 Coast Guard standards for icebreaking oper3 ations in the Great Lakes. 

4 (4) PILOT PROGRAM.—During the 5 ice seasons 

5 following the date of enactment of this Act, the 

6 Coast Guard shall conduct a pilot program to deter7 mine the extent to which the current Coast Guard 

8 Great Lakes icebreaking cutter fleet can meet the 

9 proposed standards described in paragraph (2). 

10 (b) DATA ON ICEBREAKING OPERATIONS IN THE

11 GREAT LAKES.— 

12 (1) IN GENERAL.—The Commandant shall col13 lect, during ice season, archive, and disseminate data 

14 on icebreaking operations and transits on ice-covered 

15 waterways in the Great Lakes of vessels engaged in 

16 commercial service and ferries. 

17 (2) ELEMENTS.—Data collected, archived, and 

18 disseminated under paragraph (1) shall include the 

19 following: 

20 (A) Voyages by vessels engaged in com21 mercial service and ferries to transit ice-covered 

22 waterways in the Great Lakes that are delayed 

23 or canceled because of the nonavailability of a 

24 suitable icebreaking vessel. 


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1 (B) Voyages attempted by vessels engaged 

2 in commercial service and ferries to transit ice3 covered waterways in the Great Lakes that do 

4 not reach their intended destination because of 

5 the nonavailability of a suitable icebreaking ves6 sel. 

7 (C) The period of time that each vessel en8 gaged in commercial service or ferry was de9 layed in getting underway or during a transit of 

10 ice-covered waterways in the Great Lakes due 

11 to the nonavailability of a suitable icebreaking 

12 vessel. 

13 (D) The period of time elapsed between 

14 each request for icebreaking assistance by a 

15 vessel engaged in commercial service or ferry 

16 and the arrival of a suitable icebreaking vessel 

17 and whether such icebreaking vessel was a 

18 Coast Guard or commercial asset. 

19 (E) The percentage of hours that Great 

20 Lakes ice-covered waterways were open to navi21 gation while vessels engaged in commercial 

22 service and ferries attempted to transit such 

23 waterways for each ice season after the date of 

24 enactment of this Act. 


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1 (F) Relevant communications of each ves2 sel engaged in commercial service or ferry with 

3 the Coast Guard or commercial icebreaking 

4 service providers with respect to subparagraphs 

5 (A) through (D). 

6 (G) A description of any mitigating cir7 cumstance, such as Coast Guard Great Lakes 

8 icebreaker diversions to higher priority mis9 sions, that may have contributed to the amount 

10 of time described in subparagraphs (C) and (D) 

11 or the percentage of time described in subpara12 graph (E). 

13 (3) VOLUNTARY REPORTING.—Any reporting by 

14 operators of commercial vessels engaged in commer15 cial service or ferries under this section shall be vol16 untary. 

17 (4) PUBLIC AVAILABILITY.—The Commandant 

18 shall make the data collected, archived, and dissemi19 nated under this subsection available to the public 

20 on a publicly accessible internet website of the Coast 

21 Guard. 

22 (5) CONSULTATION WITH INDUSTRY.—With re23 spect to the Great Lakes icebreaking operations of 

24 the Coast Guard and the development of the data 

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1 section, the Commandant shall consult operators 

2 of— 

3 (A) vessels engaged in commercial service; 

4 and 

5 (B) ferries. 

6 (c) REPORT ON COMMON HULL DESIGN.—Section 

7 8105 of the William M. (Mac) Thornberry National De8 fense Authorization Act for Fiscal Year 2021 (Public Law 

9 116–283) is amended by striking subsection (b) and in10 serting the following: 

11 ‘‘(b) REPORT.—Not later than 90 days after the date 

12 of enactment of this subsection, the Commandant shall 

13 submit to the Committee on Commerce, Science, and 

14 Transportation of the Senate and the Committee on 

15 Transportation and Infrastructure of the House of Rep16 resentatives a report on the operational benefits and limi17 tations of a common hull design for icebreaking cutters 

18 for operation in the Great Lakes, the Northeastern United 

19 States, and the Arctic, as appropriate, that are at least 

20 as capable as the Coast Guard 140-foot icebreaking 

21 tugs.’’. 

22 (d) DEFINITIONS.—In this section: 

23 (1) COMMERCIAL SERVICE.—The term ‘‘com24 mercial service’’ has the meaning given such term in 

25 section 2101 of title 46, United States Code. 


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1 (2) GREAT LAKES.—The term ‘‘Great 

2 Lakes’’— 

3 (A) has the meaning given such term in 

4 section 118 of the Federal Water Pollution 

5 Control Act (33 U.S.C. 1268); and 

6 (B) includes harbors adjacent to such 

7 waters. 

8 (3) ICE-COVERED WATERWAY.—The term ‘‘ice9 covered waterway’’ means any portion of the Great 

10 Lakes in which vessels engaged in commercial serv11 ice or ferries operate that is 70 percent or greater 

12 covered by ice, but does not include any waters adja13 cent to piers or docks for which commercial 

14 icebreaking services are available and adequate for 

15 the ice conditions. 

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

17 navigation’’ means navigable to the extent necessary 

18 to— 

19 (A) meet the reasonable demands of ship20 ping; 

21 (B) minimize delays to passenger ferries; 

22 (C) extricate vessels and persons from dan23 ger; 

24 (D) prevent damage due to flooding; and 


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1 (E) conduct other Coast Guard missions, 

2 as required. 

3 (5) REASONABLE DEMANDS OF SHIPPING.—The 

4 term ‘‘reasonable demands of shipping’’ means the 

5 safe movement of vessels engaged in commercial 

6 service and ferries transiting ice-covered waterways 

7 in the Great Lakes to their intended destination, re8 gardless of type of cargo. 

9 SEC. 211. CENTER OF EXPERTISE FOR GREAT LAKES OIL 

10 SPILL SEARCH AND RESPONSE. 

11 Section 807(d) of the Frank LoBiondo Coast Guard 

12 Authorization Act of 2018 (14 U.S.C. 313 note) is amend13 ed to read as follows: 

14 ‘‘(d) DEFINITION.—In this section, the term ‘Great 

15 Lakes’ means— 

16 ‘‘(1) Lake Ontario; 

17 ‘‘(2) Lake Erie; 

18 ‘‘(3) Lake Huron (including Lake St. Clair); 

19 ‘‘(4) Lake Michigan; 

20 ‘‘(5) Lake Superior; and 

21 ‘‘(6) the connecting channels (including the fol22 lowing rivers and tributaries of such rivers: Saint 

23 Mary’s River, Saint Clair River, Detroit River, Niag24 ara River, Illinois River, Chicago River, Fox River, 

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1 nominee River, Muskegon River, Kalamazoo River, 

2 and Saint Lawrence River to the Canadian bor3 der).’’. 

4 Subtitle C—Other Matters 

5 SEC. 212. RESPONSES OF COMMANDANT OF THE COAST 

6 GUARD TO SAFETY RECOMMENDATIONS. 

7 (a) IN GENERAL.—Chapter 7 of title 14, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 721. Responses to safety recommendations 

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

12 submission to the Commandant of the Coast Guard of a 

13 recommendation by the National Transportation Safety 

14 Board relating to transportation safety, the Commandant 

15 shall submit to the Board a written response to each rec16 ommendation, which shall include whether the Com17 mandant— 

18 ‘‘(1) concurs with the recommendation; 

19 ‘‘(2) partially concurs with the recommendation; 

20 or 

21 ‘‘(3) does not concur with the recommendation. 

22 ‘‘(b) EXPLANATION OF CONCURRENCE.—A response 

23 under subsection (a) shall include— 

24 ‘‘(1) with respect to a recommendation to which 

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1 tions the Commandant intends to take to implement 

2 such recommendation; 

3 ‘‘(2) with respect to a recommendation to which 

4 the Commandant partially concurs, an explanation 

5 of the actions the Commandant intends to take to 

6 implement the portion of such recommendation with 

7 which the Commandant partially concurs; and 

8 ‘‘(3) with respect to a recommendation to which 

9 the Commandant does not concur, the reasons why 

10 the Commandant does not concur with such rec11 ommendation. 

12 ‘‘(c) FAILURE TO RESPOND.—If the Board has not 

13 received the written response required under subsection 

14 (a) by the end of the time period described in such sub15 section, the Board shall notify the Committee on Trans16 portation and Infrastructure of the House of Representa17 tives and the Committee on Commerce, Science, and 

18 Transportation of the Senate that such response has not 

19 been received.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chap21 ter 7 of title 14, United States Code, is amended by insert22 ing after the item relating to section 720 the following: 

‘‘721. Responses to safety recommendations.’’. 


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1 SEC. 213. CONVEYANCE OF COAST GUARD VESSELS FOR 

2 PUBLIC PURPOSES. 

3 (a) REDESIGNATION AND TRANSFER.—Section 914 

4 of the Coast Guard Authorization Act of 2010 (Public 

5 Law 111–281) is transferred to chapter 5 of title 14, 

6 United States Code, inserted after section 508, and redes7 ignated as section 509. 

8 (b) CONVEYANCE OF COAST GUARD VESSELS FOR

9 PUBLIC PURPOSES.—Section 509 of title 14, United 

10 States Code (as redesignated under subsection (a)), is 

11 amended— 

12 (1) by amending subsection (a) to read as fol13 lows: 

14 ‘‘(a) IN GENERAL.—At the request of the Com15 mandant, the Administrator of the General Services Ad16 ministration may transfer ownership of a Coast Guard 

17 vessel or aircraft to an eligible entity for use for edu18 cational, cultural, historical, charitable, recreational, or 

19 other public purposes if such transfer is authorized by 

20 law.’’; and 

21 (2) in subsection (b)— 

22 (A) in paragraph (1)— 

23 (i) by inserting ‘‘as if such a request 

24 were being processed’’ after ‘‘vessels’’; and 

25 (ii) by inserting ‘‘, as in effect on the 

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1 thorization Act of 2021’’ after ‘‘Code of 

2 Federal Regulations’’; and 

3 (B) in paragraph (2) by inserting ‘‘, as in 

4 effect on the date of enactment of the Coast 

5 Guard Authorization Act of 2021’’ after ‘‘such 

6 title’’. 

7 SEC. 214. ACQUISITION LIFE-CYCLE COST ESTIMATES. 

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

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

10 the following: 

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

12 or Level 2 acquisition project or program, in addi13 tion to life-cycle cost estimates developed under 

14 paragraph (1), the Commandant shall require that— 

15 ‘‘(A) such life-cycle cost estimates be up16 dated before— 

17 ‘‘(i) each milestone decision is con18 cluded; and 

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

20 new acquisition phase; and 

21 ‘‘(B) an independent cost estimate or inde22 pendent cost assessment, as appropriate, be de23 veloped to validate such life-cycle cost estimates 

24 developed under paragraph (1).’’. 


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1 SEC. 215. NATIONAL COAST GUARD MUSEUM FUNDING 

2 PLAN. 

3 Section 316(c)(4) of title 14, United States Code, is 

4 amended by striking ‘‘the Inspector General of the depart5 ment in which the Coast Guard is operating’’ and insert6 ing ‘‘a third party entity qualified to undertake such a 

7 certification process’’. 

8 SEC. 216. REPORT ON COAST GUARD EXPLOSIVE ORD9 NANCE DISPOSAL. 

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

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

12 Coast Guard shall submit to the Committee on Transpor13 tation and Infrastructure of the House of Representatives 

14 and the Committee on Commerce, Science, and Transpor15 tation of the Senate a report on the viability of estab16 lishing an explosive ordnance disposal program (herein17 after referred to as the ‘‘Program’’) in the Coast Guard. 

18 (b) CONTENTS.—The report required under sub19 section (a) shall contain, at a minimum, an explanation 

20 of the following with respect to such a Program: 

21 (1) Where within the organizational structure 

22 of the Coast Guard the Program would be located, 

23 including a discussion of whether the Program 

24 should reside in— 

25 (A) Maritime Safety and Security Teams; 

26 (B) Maritime Security Response Teams; 


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1 (C) a combination of the teams described 

2 under subparagraphs (A) and (B); or 

3 (D) elsewhere within the Coast Guard. 

4 (2) The vehicles and dive craft that are Coast 

5 Guard airframe and vessel transportable that would 

6 be required for the transportation of explosive ord7 nance disposal elements. 

8 (3) The Coast Guard stations at which— 

9 (A) portable explosives storage magazines 

10 would be available for explosive ordnance dis11 posal elements; and 

12 (B) explosive ordnance disposal elements 

13 equipment would be pre-positioned. 

14 (4) How the Program would support other ele15 ments within the Department of Homeland Security, 

16 the Department of Justice, and in wartime, the De17 partment of Defense to— 

18 (A) counter improvised explosive devices; 

19 (B) counter unexploded ordnance; 

20 (C) combat weapons of destruction; 

21 (D) provide service in support of the Presi22 dent; and 

23 (E) support national security special 

24 events. 


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1 (5) The career progression of Coast Guardsman 

2 participating in the Program from— 

3 (A) Seaman Recruit to Command Master 

4 Chief Petty Officer; 

5 (B) Chief Warrant Officer 2 to that of 

6 Chief Warrant Officer 4; and 

7 (C) Ensign to that of Rear Admiral. 

8 (6) Initial and annual budget justification esti9 mates on a single program element of the Program 

10 for— 

11 (A) civilian and military pay with details 

12 on military pay, including special and incentive 

13 pays such as— 

14 (i) officer responsibility pay; 

15 (ii) officer SCUBA diving duty pay; 

16 (iii) officer demolition hazardous duty 

17 pay; 

18 (iv) enlisted SCUBA diving duty pay; 

19 (v) enlisted demolition hazardous duty 

20 pay; 

21 (vi) enlisted special duty assignment 

22 pay at level special duty-5; 

23 (vii) enlisted assignment incentive 

24 pays; 


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1 (viii) enlistment and reenlistment bo2 nuses; 

3 (ix) officer and enlisted full civilian 

4 clothing allowances; 

5 (x) an exception to the policy allowing 

6 a third hazardous duty pay for explosive 

7 ordnance disposal-qualified officers and en8 listed; and 

9 (xi) parachutist hazardous duty pay; 

10 (B) research, development, test, and eval11 uation; 

12 (C) procurement; 

13 (D) other transaction agreements; 

14 (E) operations and support; and 

15 (F) overseas contingency operations. 

16 SEC. 217. PRIBILOF ISLAND TRANSITION COMPLETION AC17 TIONS. 

18 (a) EXTENSIONS.—Section 524 of the Pribilof Island 

19 Transition Completion Act of 2016 (Public Law 114– 

20 120)— 

21 (1) in subsection (b)(5) by striking ‘‘5 years’’ 

22 and inserting ‘‘6 years’’; and 

23 (2) in subsection (c)(3) by striking ‘‘60 days’’ 

24 and inserting ‘‘120 days’’. 


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1 (b) ACTUAL USE AND OCCUPANCY REPORTS.—Not 

2 later than 90 days after enactment of this Act, and quar3 terly thereafter, the Secretary of the department in which 

4 the Coast Guard is operating shall submit to the Com5 mittee on Transportation and Infrastructure of the House 

6 of Representatives and the Committee on Commerce, 

7 Science, and Transportation of the Senate a report de8 scribing— 

9 (1) the degree to which Coast Guard personnel 

10 and equipment are deployed to St. Paul Island, 

11 Alaska, in actual occupancy of the facilities, as re12 quired under section 524 of the Pribilof Island 

13 Transition Completion Act of 2016 (Public Law 

14 114–120); and 

15 (2) the status of the activities described in sub16 sections (c) and (d) until such activities have been 

17 completed. 

18 (c) AIRCRAFT HANGER.—The Secretary may— 

19 (1) enter into a lease for a hangar to house de20 ployed Coast Guard aircraft if such hanger was pre21 viously under lease by the Coast Guard for purposes 

22 of housing such aircraft; and 

23 (2) may enter into an agreement with the lessor 

24 of such a hanger in which the Secretary may carry 

25 out repairs necessary to support the deployment of 


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1 such aircraft and the cost such repairs may be offset 

2 under the terms of the lease. 

3 (d) FUEL TANK.— 

4 (1) DETERMINATION.—Not later than 30 days 

5 after the date of enactment of this Act, the Sec6 retary shall determine whether the fuel tank located 

7 on St. Paul Island, Alaska, that is owned by the 

8 Coast Guard is needed for Coast Guard operations. 

9 (2) TRANSFER.—Subject to paragraph (3), if 

10 the Secretary determines such tank is not needed for 

11 operations, the Secretary shall, not later than 90 

12 days after making such determination, transfer such 

13 tank to the Alaska Native Village Corporation for 

14 St. Paul Island, Alaska. 

15 (3) FAIR MARKET VALUE EXCEPTION.—The 

16 Secretary may only carry out a transfer under para17 graph (2) if the fair market value of such tank is 

18 less than the aggregate value of any lease payments 

19 for the property on which the tank is located that 

20 the Coast Guard would have paid to the Alaska Na21 tive Village Corporation for St. Paul Island, Alaska, 

22 had such lease been extended at the same rate. 

23 (e) SAVINGS CLAUSE.—Nothing in this section shall 

24 be construed to limit any rights of the Alaska Native Vil25 lage Corporation for St. Paul to receive conveyance of all 


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1 or part of the lands and improvements related to Tract 

2 43 under the same terms and conditions as prescribed in 

3 section 524 of the Pribilof Island Transition Completion 

4 Act of 2016 (Public Law 114–120). 

5 SEC. 218. NOTIFICATION OF COMMUNICATION OUTAGES. 

6 Not later than 180 days after the date of enactment 

7 of this Act, the Commandant of the Coast Guard shall 

8 submit to the Committee on Transportation and Infra9 structure of the House of Representatives and the Com10 mittee on Commerce, Science, and Transportation of the 

11 Senate a report that— 

12 (1) contains a plan for the Coast Guard to no13 tify mariners of radio outages for towers owned and 

14 operated by the Coast Guard in District 17; 

15 (2) address in such plan how the Coast Guard 

16 in District 17 will— 

17 (A) disseminate outage updates regarding 

18 outages on social media at least every 48 hours; 

19 (B) provide updates on a publicly acces20 sible website at least every 48 hours; 

21 (C) develop methods for notifying mariners 

22 where cellular connectivity does not exist; 

23 (D) generate receipt confirmation and ac24 knowledgment of outages from mariners; and 


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1 (E) develop and advertise a web-based 

2 communications update hub on AM/FM radio 

3 for mariners; and 

4 (3) identifies technology gaps necessary to im5 plement the plan and provide a budgetary assess6 ment necessary to implement the plan. 

7 TITLE III—MARITIME 

8 Subtitle A—Shipping 

9 SEC. 301. NONOPERATING INDIVIDUAL. 

10 Section 8313(b) of the William M. (Mac) Thornberry 

11 National Defense Authorization Act for Fiscal Year 2021 

12 (Public Law 116–283) is amended by striking ‘‘the date 

13 that is 2 years after the date of the enactment of this 

14 Act’’ and inserting ‘‘January 1, 2025’’. 

15 SEC. 302. OCEANOGRAPHIC RESEARCH VESSELS. 

16 (a) REPORT REQUIRED.—Not later than 180 days 

17 after the date of enactment of this Act, the Secretary of 

18 Transportation, in consultation with the Secretary of the 

19 department in which the Coast Guard is operating, shall 

20 submit to the Committee on Transportation and Infra21 structure of the House of Representatives and the Com22 mittee on Commerce, Science, and Transportation of the 

23 Senate a report detailing the total number of vessels 

24 known or estimated to operate or to have operated under 


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1 section 50503 of title 46, United States Code, during each 

2 of the past 10 fiscal years. 

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

4 (a) shall include the following elements: 

5 (1) The total number of foreign-flagged vessels 

6 known or estimated to operate or to have operated 

7 as oceanographic research vessels (as such term is 

8 defined in section 2101 of title 46, United States 

9 Code) during each of the past 10 fiscal years. 

10 (2) The total number of United States-flagged 

11 vessels known or estimated to operate or to have op12 erated as oceanographic research vessels (as such 

13 term is defined section 2101 of title 46, United 

14 States Code) during each of the past 10 fiscal years. 

15 SEC. 303. ATLANTIC COAST PORT ACCESS ROUTES BRIEF16 ING. 

17 Not later than 30 days after the date of enactment 

18 of this Act, and every 30 days thereafter until the require19 ments of section 70003 of title 46, United States Code, 

20 are fully executed with respect to the Atlantic Coast Port 

21 Access Route, the Secretary of the department in which 

22 the Coast Guard is operating shall brief the Committee 

23 on Transportation and Infrastructure of the House of 

24 Representatives and the Committee on Commerce, 


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1 Science, and Transportation of the Senate on any progress 

2 made to execute such requirements. 

3 Subtitle B—Vessel Safety 

4 SEC. 304. FISHING VESSEL SAFETY. 

5 (a) IN GENERAL.—Chapter 45 of title 46, United 

6 States Code, is amended— 

7 (1) in section 4502(f)(2) by striking ‘‘certain 

8 vessels described in subsection (b) if requested by 

9 the owner or operator; and’’ and inserting ‘‘vessels 

10 described in subsection (b) if— 

11 ‘‘(A) requested by an owner or operator; or 

12 ‘‘(B) the vessel is— 

13 ‘‘(i) at least 50 feet overall in length; 

14 ‘‘(ii) built before July 1, 2013; and 

15 ‘‘(iii) 25 years of age or older; and’’; 

16 (2) in section 4503(b) by striking ‘‘Except as 

17 provided in section 4503a, subsection (a)’’ and in18 serting ‘‘Subsection (a)’’; and 

19 (3) by repealing section 4503a. 

20 (b) ALTERNATIVE SAFETY COMPLIANCE AGREE21 MENTS.—Nothing in this section or the amendments made 

22 by this section shall be construed to affect or apply to any 

23 alternative compliance and safety agreement entered into 

24 by the Coast Guard that is in effect on the date of enact25 ment of this Act. 


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1 (c) CONFORMING AMENDMENTS.—The table of sec2 tions in chapter 45 of title 46, United States Code, is 

3 amended by striking the item relating to section 4503a. 

4 SEC. 305. REQUIREMENTS FOR DUKW-TYPE AMPHIBIOUS 

5 PASSENGER VESSELS. 

6 (a) REGULATIONS REQUIRED.—Not later than 1 year 

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

8 of the Coast Guard shall issue regulations for DUKW-type 

9 amphibious passenger vessels operating in waters subject 

10 to the jurisdiction of the United States, as defined in sec11 tion 2.38 of title 33, Code of Federal Regulations (as in 

12 effect on the date of enactment of this Act). 

13 (b) DEADLINE FOR COMPLIANCE.—The regulations 

14 issued under subsection (a) shall take effect not later than 

15 24 months after the date of enactment of this Act. 

16 (c) REQUIREMENTS.—The regulations required 

17 under subsection (a) shall include the following: 

18 (1) A requirement that operators of DUKW19 type amphibious passenger vessels provide reserve 

20 buoyancy for such vessels through passive means, in21 cluding watertight compartmentalization, built-in flo22 tation, or such other means as determined appro23 priate by the Commandant, in order to ensure that 

24 such vessels remain afloat and upright in the event 


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1 of flooding, including when carrying a full com2 plement of passengers and crew. 

3 (2) A requirement that an operator of a 

4 DUKW-type amphibious passenger vessel— 

5 (A) review and notate the forecast of the 

6 National Weather Service of the National Oce7 anic and Atmospheric Administration in the 

8 logbook of the vessel before getting underway 

9 and periodically while underway; 

10 (B) proceed to the nearest harbor or safe 

11 refuge in any case in which a watch or warning 

12 is issued for wind speeds exceeding the wind 

13 speed equivalent used to certify the stability of 

14 such DUKW-type amphibious passenger vessel; 

15 and 

16 (C) maintain and monitor a weather mon17 itor radio receiver at the operator station of the 

18 vessel that is automatically activated by the 

19 warning alarm device of the National Weather 

20 Service. 

21 (3) A requirement that— 

22 (A) operators of DUKW-type amphibious 

23 passenger vessels inform passengers that seat24 belts may not be worn during waterborne oper25 ations; 


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1 (B) before the commencement of water2 borne operations, a crew member shall visually 

3 check that the seatbelt of each passenger is un4 buckled; and 

5 (C) operators or crew maintain a log re6 cording the actions described in subparagraphs 

7 (A) and (B). 

8 (4) A requirement for annual training for oper9 ators and crew of DUKW-type amphibious pas10 sengers vessels, including— 

11 (A) training for personal flotation and 

12 seatbelt requirements, verifying the integrity of 

13 the vessel at the onset of each waterborne de14 parture, identification of weather hazards, and 

15 use of National Weather Service resources prior 

16 to operation; and 

17 (B) training for crew to respond to emer18 gency situations, including flooding, engine 

19 compartment fires, man-overboard situations, 

20 and in water emergency egress procedures. 

21 (d) CONSIDERATION.—In issuing the regulations re22 quired under subsection (a), the Commandant shall con23 sider whether personal flotation devices should be required 

24 for the duration of the waterborne transit of a DUKW25 type amphibious passenger vessel. 


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1 (e) INTERIM REQUIREMENTS.—Beginning on the 

2 date on which the regulations under subsection (a) are 

3 issued, the Commandant shall require that operators of 

4 DUKW-type amphibious passenger vessels that are not in 

5 compliance with such regulations shall be subject to the 

6 following requirements: 

7 (1) Remove the canopies and any window cov8 erings of such vessels for waterborne operations, or 

9 install in such vessels a canopy that does not restrict 

10 horizontal or vertical escape by passengers in the 

11 event of flooding or sinking. 

12 (2) If a canopy and window coverings are re13 moved from any such vessel pursuant to paragraph 

14 (1), require that all passengers wear a personal flo15 tation device approved by the Coast Guard before 

16 the onset of waterborne operations of such vessel. 

17 (3) Reengineer such vessels to permanently 

18 close all unnecessary access plugs and reduce all 

19 through-hull penetrations to the minimum number 

20 and size necessary for operation. 

21 (4) Install in such vessels independently pow22 ered electric bilge pumps that are capable of 

23 dewatering such vessels at the volume of the largest 

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1 erable Higgins pump or a dewatering pump of equiv2 alent or greater capacity. 

3 (5) Install in such vessels not fewer than 4 

4 independently powered bilge alarms. 

5 (6) Conduct an in-water inspection of any such 

6 vessel after each time a through-hull penetration of 

7 such vessel has been removed or uncovered. 

8 (7) Verify through an in-water inspection the 

9 watertight integrity of any such vessel at the outset 

10 of each waterborne departure of such vessel. 

11 (8) Install underwater LED lights that activate 

12 automatically in an emergency. 

13 (9) Otherwise comply with any other provisions 

14 of relevant Coast Guard guidance or instructions in 

15 the inspection, configuration, and operation of such 

16 vessels. 

17 SEC. 306. EXONERATION AND LIMITATION OF LIABILITY 

18 FOR SMALL PASSENGERS VESSELS. 

19 (a) RESTRUCTURING.—Chapter 305 of title 46, 

20 United States Code, is amended— 

21 (1) by inserting the following before section 

22 30501: 

23 ‘‘Subchapter I—General Provisions’’; 

24 (2) by inserting the following before section 

25 30503: 


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1 ‘‘Subchapter II—Exoneration and Limitation 

2 of Liability Generally’’; 

3 and 

4 (3) by redesignating sections 30503 through 

5 30512 as sections 30521 through 30530, respec6 tively. 

7 (b) DEFINITIONS.—Section 30501 of title 46, United 

8 States Code, is amended to read as follows: 

9 ‘‘§ 30501. Definitions 

10 ‘‘In this chapter: 

11 ‘‘(1) COVERED SMALL PASSENGER VESSEL.— 

12 The term ‘covered small passenger vessel’— 

13 ‘‘(A) means a small passenger vessel, as 

14 defined in section 2101 that is— 

15 ‘‘(i) not a wing-in-ground craft; and 

16 ‘‘(ii) carrying— 

17 ‘‘(I) not more than 49 passengers 

18 on an overnight domestic voyage; and 

19 ‘‘(II) not more than 150 pas20 sengers on any voyage that is not an 

21 overnight domestic voyage; and 

22 ‘‘(B) includes any wooden vessel con23 structed prior to March 11, 1996, carrying at 

24 least 1 passenger for hire. 


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1 ‘‘(2) OWNER.—The term ‘owner’ includes a 

2 charterer that mans, supplies, and navigates a vessel 

3 at the charterer’s own expense or by the charterer’s 

4 own procurement.’’. 

5 (c) CLERICAL AMENDMENT.—The item relating to 

6 section 30501 in the analysis for chapter 305 of title 46, 

7 United States Code, is amended to read as follows: 

‘‘30501. Definitions.’’. 

8 (d) APPLICABILITY.—Section 30502 of title 46, 

9 United States Code, is amended by inserting ‘‘as to cov10 ered small passenger vessels, and’’ before ‘‘as otherwise 

11 provided’’. 

12 (e) PROVISIONS REQUIRING NOTICE OF CLAIM OR

13 LIMITING TIME FOR BRINGING ACTION.—Section 30526 

14 of title 46, United States Code, as redesignated by sub15 section (a), is amended— 

16 (1) in subsection (a), by inserting ‘‘and covered 

17 small passenger vessels’’ after ‘‘seagoing vessels’’; 

18 (2) in subsection (b)(1), by striking ‘‘6 months’’ 

19 and inserting ‘‘2 years’’; and 

20 (3) in subsection (b)(2), by striking ‘‘one year’’ 

21 and inserting ‘‘2 years’’. 

22 (f) TABLES OF SUBCHAPTERS AND TABLES OF SEC23 TIONS.—The table of sections for chapter 305 of title 46, 

24 United States Code, is amended— 


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1 (1) by inserting before section 30501 the fol2 lowing: 

‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; 

3 (2) by inserting after section 30502 the fol4 lowing: 

‘‘SUBCHAPTER II—EXONERATION AND LIMITATION OF LIABILITY

GENERALLY’’; 

5 and 

6 (3) by redesignating the items relating to sec7 tions 30503 through 30512 as items relating to sec8 tions 30521 through 30530, respectively. 

9 (g) CONFORMING AMENDMENTS.—Title 46, United 

10 States Code, is further amended— 

11 (1) in section 14305(a)(5), by striking ‘‘section 

12 30506’’ and inserting ‘‘section 30524’’; 

13 (2) in section 30523(a), as redesignated by sub14 section (a), by striking ‘‘section 30506’’ and insert15 ing ‘‘section 30524’’; 

16 (3) in section 30524(b), as redesignated by sub17 section (a), by striking ‘‘section 30505’’ and insert18 ing ‘‘section 30523’’; and 

19 (4) in section 30525— 

20 (A) by striking ‘‘section 30505’’ and in21 serting ‘‘section 30523’’; 

22 (B) by striking ‘‘section 30506’’ and in23 serting ‘‘section 30524’’; and 


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1 (C) by striking ‘‘section 30506(b)’’ and in2 serting ‘‘section 30524(b)’’. 

3 Subtitle C—Shipbuilding Program 

4 SEC. 307. LOANS FOR RETROFITTING TO QUALIFY AS A VES5 SEL OF THE UNITED STATES. 

6 Section 53706(a) of title 46, United States Code, is 

7 amended by adding at the end the following: 

8 ‘‘(8) Financing (including reimbursement of an 

9 obligor for expenditures previously made for) the re10 construction, reconditioning, retrofitting, repair, or 

11 similar work in a shipyard located in the United 

12 States— 

13 ‘‘(A) required for the vessel to be a vessel 

14 of the United States; 

15 ‘‘(B) required for the vessel to be issued a 

16 coastwise endorsement under chapter 121; 

17 ‘‘(C) to convert a civilian vessel of the 

18 United States to a more useful military configu19 ration; 

20 ‘‘(D) for any vessel under contract to the 

21 Federal Government; or 

22 ‘‘(E) for any vessel participating in— 

23 ‘‘(i) the Maritime Security Program 

24 under chapter 531; 


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1 ‘‘(ii) the Cable Security Fleet under 

2 chapter 532; or 

3 ‘‘(iii) the Tanker Security Fleet under 

4 chapter 534.’’. 

5 SEC. 308. QUALIFIED VESSEL. 

6 (a) ELIGIBLE VESSEL.—Section 53501(2) of title 46, 

7 United States Code, is amended— 

8 (1) in subparagraph (A)(iii) by striking ‘‘and’’ 

9 at the end; 

10 (2) in subparagraph (B)(v) by striking the pe11 riod at the end and inserting a semicolon; and 

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

13 ‘‘(C) a ferry, as such term is defined in 

14 section 2101; and 

15 ‘‘(D) a passenger vessel or small passenger 

16 vessel, as such terms are defined in section 

17 2101, that has a passenger capacity of 50 pas18 sengers or greater.’’. 

19 (b) QUALIFIED VESSEL.—Section 53501(5) of title 

20 46, United States Code, is amended— 

21 (1) in subparagraph (A)(iii) by striking ‘‘and’’ 

22 at the end; 

23 (2) in subparagraph (B)(v) by striking the pe24 riod at the end and inserting a semicolon; and 

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


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1 ‘‘(C) a ferry, as such term is defined in 

2 section 2101; and 

3 ‘‘(D) a passenger vessel or small passenger 

4 vessel, as such terms are defined in section 

5 2101, that has a passenger capacity of 50 pas6 sengers or greater.’’. 

7 SEC. 309. ESTABLISHING A CAPITAL CONSTRUCTION FUND. 

8 Section 53503(b) of title 46, United States Code, is 

9 amended by inserting ‘‘(including transportation on a 

10 ferry, passenger vessel, or small passenger vessel, as such 

11 terms are defined in section 2101, that has a passenger 

12 capacity of 50 passengers or greater)’’ after ‘‘short sea 

13 transportation’’. 

14 TITLE IV—MISCELLANEOUS 

15 Subtitle A—Navigation 

16 SEC. 401. RESTRICTION ON CHANGING SALVORS. 

17 Section 311(c)(3) of the Federal Water Pollution 

18 Control Act (33 U.S.C. 1321(c)(3)) is amended by adding 

19 at the end the following: 

20 ‘‘(C) An owner or operator may not change 

21 salvors as part of a deviation under subparagraph 

22 (B) in cases in which the original salvor satisfies the 

23 Coast Guard requirements in accordance with the 

24 National Contingency Plan and the applicable re25 sponse plan required under subsection (j). 


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1 ‘‘(D) In any case in which the Coast Guard au2 thorizes a deviation from the salvor as part of a de3 viation under subparagraph (B) from the applicable 

4 response plan required under subsection (j), the 

5 Commandant shall submit to the Committee on 

6 Transportation and Infrastructure of the House of 

7 Representatives and the Committee on Commerce, 

8 Science, and Transportation of the Senate a report 

9 describing the deviation and the reasons for such de10 viation.’’. 

11 SEC. 402. TOWING VESSEL INSPECTION FEES. 

12 Notwithstanding section 9701 of title 31, United 

13 States Code, and section 2110 of title 46, United States 

14 Code, the Secretary of the department in which the Coast 

15 Guard is operating may not charge an inspection fee for 

16 towing vessels required to have a Certificate of Inspection 

17 under subchapter M of title 46, Code of Federal Regula18 tions, until— 

19 (1) the completion of the review required under 

20 section 815 of the Frank LoBiondo Coast Guard 

21 Authorization Act of 2018 (Public Law 115–282); 

22 and 

23 (2) the promulgation of regulations to establish 

24 specific inspection fees for such vessels. 


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1 SEC. 403. PROVIDING REQUIREMENTS FOR VESSELS AN2 CHORED IN ESTABLISHED ANCHORAGE 

3 GROUNDS. 

4 (a) IN GENERAL.—Section 70006 of title 46, United 

5 States Code, is amended to read as follows: 

6 ‘‘§ 70006. Anchorage grounds 

7 ‘‘(a) ANCHORAGE GROUNDS.— 

8 ‘‘(1) ESTABLISHMENT.—The Secretary of the 

9 department in which the Coast Guard is operating 

10 shall define and establish anchorage grounds in the 

11 navigable waters of the United States for vessels op12 erating in such waters. 

13 ‘‘(2) RELEVANT FACTORS FOR ESTABLISH14 MENT.—In carrying out paragraph (1), the Sec15 retary shall take into account all relevant factors 

16 concerning navigational safety, protection of the ma17 rine environment, proximity to undersea pipelines 

18 and cables, safe and efficient use of Marine Trans19 portation System, and national security. 

20 ‘‘(b) VESSEL REQUIREMENTS.—Vessels, of certain 

21 sizes or type determined by the Secretary, shall— 

22 ‘‘(1) set and maintain an anchor alarm for the 

23 duration of an anchorage; 

24 ‘‘(2) comply with any directions or orders 

25 issued by the Captain of the Port; and 


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1 ‘‘(3) comply with any applicable anchorage reg2 ulations. 

3 ‘‘(c) PROHIBITIONS.—A vessel may not— 

4 ‘‘(1) anchor in any Federal navigation channel 

5 unless authorized or directed to by the Captain of 

6 the Port; 

7 ‘‘(2) anchor in near proximity, within distances 

8 determined by the Coast Guard, to an undersea 

9 pipeline or cable, unless authorized or directed to by 

10 the Captain of the Port; and 

11 ‘‘(3) anchor or remain anchored in an anchor12 age ground during any period in which the Captain 

13 of the Port orders closure of the anchorage ground 

14 due to inclement weather, navigational hazard, a 

15 threat to the environment, or other safety or secu16 rity concern. 

17 ‘‘(d) SAFETY EXCEPTION.—Nothing in this section 

18 shall be construed to prevent a vessel from taking actions 

19 necessary to maintain the safety of the vessel or to prevent 

20 the loss of life or property.’’. 

21 (b) REGULATORY REVIEW.— 

22 (1) REVIEW REQUIRED.—Not later than 1 year 

23 after the date of enactment of this Act, the Sec24 retary of the department in which the Coast Guard 

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1 chorage regulations and identify regulations that 

2 may need modification— 

3 (A) in the interest of marine safety, secu4 rity, and environmental concerns, taking into 

5 account undersea pipelines, cables, or other in6 frastructure; and 

7 (B) to implement the amendments made 

8 by this section. 

9 (2) BRIEFING.—Upon completion of the review 

10 under paragraph (1), but not later than 2 years 

11 after the date of enactment of this Act, the Sec12 retary shall provide a briefing to the Committee on 

13 Commerce, Science, and Transportation of the Sen14 ate and the Subcommittee on Coast Guard and Mar15 itime Transportation of the Committee on Transpor16 tation and Infrastructure of the House of Represent17 atives that summarizes the review. 

18 (c) CLERICAL AMENDMENT.—The table of sections 

19 for chapter 700 of title 46, United States Code, is amend20 ed by striking the item relating to section 70006 and in21 serting the following: 

‘‘70006. Anchorage grounds.’’. 

22 (d) APPLICABILITY OF REGULATIONS.—The amend23 ments made by subsection (a) may not be construed to 

24 alter any existing rules, regulations, or final agency ac25 tions issued under section 70006 of title 46, United States 


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1 Code, as in effect on the day before the date of enactment 

2 of this Act until all regulations required under subsection 

3 (b) take effect. 

4 SEC. 404. AQUATIC NUISANCE SPECIES TASK FORCE. 

5 (a) RECREATIONAL VESSEL DEFINED.—Section 

6 1003 of the Nonindigenous Aquatic Nuisance Prevention 

7 and Control Act of 1990 (16 U.S.C. 4702) is amended— 

8 (1) by redesignating paragraphs (13) through 

9 (17) as paragraphs (15) through (19), respectively; 

10 and 

11 (2) by inserting after paragraph (12) the fol12 lowing: 

13 ‘‘(13) ‘State’ means each of the several States, 

14 the District of Columbia, American Samoa, Guam, 

15 Puerto Rico, the Northern Mariana Islands, and the 

16 Virgin Islands of the United States; 

17 ‘‘(14) ‘recreational vessel’ has the meaning 

18 given that term in section 502 of the Federal Water 

19 Pollution Control Act (33 U.S.C. 1362);’’. 

20 (b) OBSERVERS.—Section 1201 of the Nonindigenous 

21 Aquatic Nuisance Prevention and Control Act of 1990 (16 

22 U.S.C. 4721) is amended by adding at the end the fol23 lowing: 

24 ‘‘(g) OBSERVERS.—The chairpersons designated 

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1 governmental entities to participate as observers of the 

2 Task Force.’’. 

3 (c) AQUATIC NUISANCE SPECIES TASK FORCE.— 

4 Section 1201(b) of the Nonindigenous Aquatic Nuisance 

5 Prevention and Control Act of 1990 (16 U.S.C. 4721(b)) 

6 is amended— 

7 (1) in paragraph (6), by striking ‘‘and’’ at the 

8 end; 

9 (2) by redesignating paragraph (7) as para10 graph (10); and 

11 (3) by inserting after paragraph (6) the fol12 lowing: 

13 ‘‘(7) the Director of the National Park Service; 

14 ‘‘(8) the Director of the Bureau of Land Man15 agement; 

16 ‘‘(9) the Commissioner of Reclamation; and’’. 

17 (d) AQUATIC NUISANCE SPECIES PROGRAM.—Sec18 tion 1202 of the Nonindigenous Aquatic Nuisance Preven19 tion and Control Act of 1990 (16 U.S.C. 4722) is amend20 ed— 

21 (1) in subsection (e) by adding at the end the 

22 following: 

23 ‘‘(4) TECHNICAL ASSISTANCE AND REC24 OMMENDATIONS.—The Task Force may provide 

25 technical assistance and recommendations for best 


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1 practices to an agency or entity engaged in vessel in2 spections or decontaminations for the purpose of— 

3 ‘‘(A) effectively managing and controlling 

4 the movement of aquatic nuisance species into, 

5 within, or out of water of the United States; 

6 and 

7 ‘‘(B) inspecting recreational vessels in a 

8 manner that minimizes disruptions to public ac9 cess for boating and recreation in non-contami10 nated vessels. 

11 ‘‘(5) CONSULTATION.—In carrying out para12 graph (4), including the development of rec13 ommendations, the Task Force may consult with— 

14 ‘‘(A) State fish and wildlife management 

15 agencies; 

16 ‘‘(B) other State agencies that manage 

17 fishery resources of the State or sustain fishery 

18 habitat; and 

19 ‘‘(C) relevant nongovernmental entities.’’; 

20 and 

21 (2) in subsection (k) by adding at the end the 

22 following: 

23 ‘‘(3) Not later than 90 days after the date of 

24 enactment of the Coast Guard Authorization Act of 

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1 gress recommending legislative, programmatic, or 

2 regulatory changes to eliminate remaining gaps in 

3 authorities between members of the Task Force to 

4 effectively manage and control the movement of 

5 aquatic nuisance species.’’. 

6 (e) TECHNICAL CORRECTIONS AND CONFORMING

7 AMENDMENTS.—The Nonindigenous Aquatic Nuisance 

8 Prevention and Control Act of 1990 (16 U.S.C. 4701 et 

9 seq.) is further amended— 

10 (1) in section 1002(b)(2), by inserting a comma 

11 after ‘‘funded’’; 

12 (2) in section 1003, in paragraph (7), by strik13 ing ‘‘Canandian’’ and inserting ‘‘Canadian’’; 

14 (3) in section 1203(a)— 

15 (A) in paragraph (1)(F), by inserting 

16 ‘‘and’’ after ‘‘research,’’; and 

17 (B) in paragraph (3), by striking ‘‘encour18 age’’ and inserting ‘‘encouraged’’; 

19 (4) in section 1204(b)(4), in the paragraph 

20 heading, by striking ‘‘ADMINISRATIVE’’ and inserting 

21 ‘‘ADMINISTRATIVE’’; and 

22 (5) in section 1209, by striking ‘‘subsection 

23 (a)’’ and inserting ‘‘section 1202(a)’’. 


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1 SEC. 405. LIMITATION ON RECOVERY FOR CERTAIN INJU2 RIES INCURRED IN AQUACULTURE ACTIVI3 TIES. 

4 (a) IN GENERAL.—Section 30104 of title 46, United 

5 States Code, is amended— 

6 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

7 the first sentence; and 

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

9 ‘‘(b) LIMITATION ON RECOVERY BY AQUACULTURE

10 WORKERS.— 

11 ‘‘(1) IN GENERAL.—For purposes of subsection 

12 (a), the term ‘seaman’ does not include an individual 

13 who— 

14 ‘‘(A) is an aquaculture worker if State 

15 workers’ compensation is available to such indi16 vidual; and 

17 ‘‘(B) was, at the time of injury, engaged in 

18 aquaculture in a place where such individual 

19 had lawful access. 

20 ‘‘(2) AQUACULTURE WORKER DEFINED.—In 

21 this subsection, the term ‘aquaculture worker’ means 

22 an individual who— 

23 ‘‘(A) is employed by a commercial enter24 prise that is involved in the controlled cultiva25 tion and harvest of aquatic plants and animals, 

26 including— 


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1 ‘‘(i) the cleaning, processing, or can2 ning of fish and fish products; 

3 ‘‘(ii) the cultivation and harvesting of 

4 shellfish; and 

5 ‘‘(iii) the controlled growing and har6 vesting of other aquatic species; 

7 ‘‘(B) does not hold a license issued under 

8 section 7101(c); and 

9 ‘‘(C) is not required to hold a merchant 

10 mariner credential under part F of subtitle II.’’. 

11 (b) APPLICABILITY.—The amendments made by this 

12 section shall apply to an injury incurred on or after the 

13 date of enactment of this Act. 

14 Subtitle B—Other Matters 

15 SEC. 406. INFORMATION ON TYPE APPROVAL CERTIFI16 CATES. 

17 (a) IN GENERAL.—Title IX of the Frank LoBiondo 

18 Coast Guard Authorization Act of 2018 (Public Law 115– 

19 282) is amended by adding at the end the following: 

20 ‘‘SEC. 904. INFORMATION ON TYPE APPROVAL CERTIFI21 CATES. 

22 ‘‘The Commandant of the Coast Guard shall, upon 

23 request by any State, the District of Columbia, or territory 

24 of the United States, provide all data possessed by the 

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1 teristics, challenge water biological organism concentra2 tions, post-treatment water quality characteristics, and 

3 post-treatment biological organism concentrations data for 

4 a ballast water management system with a type approval 

5 certificate approved by the Coast Guard pursuant to sub6 part 162.060 of title 46, Code of Federal Regulations.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 for the Frank LoBiondo Coast Guard Authorization Act 

9 of 2018 (Public Law 115–282) is amended by inserting 

10 after the item relating to section 903 the following: 

‘‘904. Information on type approval certificates.’’. 

11 SEC. 407. PASSENGER VESSEL SECURITY AND SAFETY RE12 QUIREMENTS. 

13 Section 3507(k)(1) of title 46, United States Code, 

14 is amended— 

15 (1) in subparagraph (A) by striking ‘‘at least 

16 250’’ and inserting ‘‘250 or more’’; and 

17 (2) by striking subparagraph (B) and inserting 

18 the following: 

19 ‘‘(B) has overnight accommodations for 

20 250 or more passengers; and’’. 

21 SEC. 408. CARGO WAITING TIME REDUCTION. 

22 (a) INTERAGENCY TASK FORCE.—The President 

23 shall, acting through the Supply Chain Disruptions Task 

24 Force established under Executive Order 14017 (relating 

25 to supply chains) of February 24, 2021 (86 Fed. Reg. 


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1 11849) (hereinafter referred to as the ‘‘Task Force’’), 

2 carry out the duties described in subsection (c). 

3 (b) DUTIES.—In carrying out this section, the Task 

4 Force shall— 

5 (1) evaluate and quantify the economic and en6 vironmental impact of cargo backlogs; 

7 (2) evaluate and quantify the costs incurred by 

8 each Federal agency represented on the Task Force, 

9 and by State and local governments, due to such 

10 cargo backlogs; 

11 (3) evaluate the responses of each such Federal 

12 agency to such cargo backlogs; and 

13 (4) not later than 90 days after the date of en14 actment of this Act— 

15 (A) develop a plan to— 

16 (i) significantly reduce or eliminate 

17 such cargo backlog; and 

18 (ii) reduce nationwide cargo proc19 essing delays, including the Port of Los 

20 Angeles and the Port of Long Beach; and 

21 (B) submit to the Committee on Transpor22 tation and Infrastructure of the House of Rep23 resentatives and the Committee on Commerce, 

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1 port containing the plan developed under sub2 paragraph (A). 

3 (c) REPORT OF THE COMMANDANT.—No later than 

4 90 days after the date of enactment of this Act, the Com5 mandant of the Coast Guard shall submit to the Com6 mittee on Transportation and Infrastructure of the House 

7 of Representatives and the Committee on Commerce, 

8 Science, and Transportation of the Senate a report on 

9 cargo backlogs that includes— 

10 (1) an explanation of the extent to which ves11 sels carrying cargo are complying with the require12 ments of chapter 700 of title 46, United States 

13 Code; 

14 (2) the status of the investigation on the cause 

15 of the oil spill that occurred in October 2021 on the 

16 waters over the San Pedro Shelf related to an an17 chor strike, including the expected date on which the 

18 Marine Casualty Investigation Report with respect 

19 to such spill will be released; and 

20 (3) with respect to such vessels, a summary of 

21 actions taken or planned to be taken by the Com22 mandant to— 

23 (A) provide additional protections against 

24 oil spills caused by anchor strikes; and 


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1 (B) address other safety concerns and en2 vironmental impacts. 

3 SEC. 409. LIMITED INDEMNITY PROVISIONS IN STANDBY 

4 OIL SPILL RESPONSE CONTRACTS. 

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

6 a contract for the containment or removal of a discharge 

7 entered into by the President under section 311(c) of the 

8 Federal Water Pollution Control Act (33 U.S.C. 1321(c)) 

9 shall contain a provision to indemnify a contractor for li10 abilities and expenses incidental to the containment or re11 moval arising out of the performance of the contract that 

12 is substantially identical to the terms contained in sub13 sections (d) through (h) of section H.4 (except for para14 graph (1) of subsection (d)) of the contract offered by the 

15 Coast Guard in the solicitation numbered DTCG89–98– 

16 A–68F953, dated November 17, 1998. 

17 (b) REQUIREMENTS.— 

18 (1) SOURCE OF FUNDS.—The provision re19 quired under subsection (a) shall include a provision 

20 that the obligation to indemnify is limited to funds 

21 available in the Oil Spill Liability Trust Fund estab22 lished by section 9509(a) of the Internal Revenue 

23 Code of 1986 at the time the claim for indemnity is 

24 made. 


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1 (2) UNCOMPENSATED REMOVAL.—A claim for 

2 indemnity under a contract described in subsection 

3 (a) shall be made as a claim for uncompensated re4 moval costs under section 1012(a)(4) of the Oil Pol5 lution Act of 1990 (33 U.S.C. 2712(a)(4)). 

6 (3) LIMITATION.—The total indemnity for a 

7 claim under a contract described in subsection (a) 

8 may not be more than $50,000 per incident. 

9 (c) APPLICABILITY OF EXEMPTIONS.—Notwith10 standing subsection (a), the United States shall not be ob11 ligated to indemnify a contractor for any act or omission 

12 of the contractor carried out pursuant to a contract en13 tered into under this section where such act or omission 

14 is grossly negligent or which constitutes willful mis15 conduct. 

16 SEC. 410. PORT COORDINATION COUNCIL FOR POINT SPEN17 CER. 

18 Section 541 of the Coast Guard Authorization Act 

19 of 2016 (Public Law 114–120) is amended— 

20 (1) in subsection (b) by striking paragraphs (1) 

21 and (2) and inserting the following: 

22 ‘‘(1) BSNC (to serve as Council Chair). 

23 ‘‘(2) The Secretary of Homeland Security. 

24 ‘‘(3) An Oil Spill Response Organization that 

25 serves the area in which such Port is located.’’; 


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1 (2) in subsection (c)(1)— 

2 (A) in subparagraph (B) by adding ‘‘and’’ 

3 at the end; and 

4 (B) by striking subparagraphs (C) and (D) 

5 and inserting the following: 

6 ‘‘(C) land use planning and development 

7 on the Bering Sea, the Chukchi Sea, and the 

8 Arctic Ocean, in support of— 

9 ‘‘(i) search and rescue; 

10 ‘‘(ii) shipping safety; 

11 ‘‘(iii) economic development; 

12 ‘‘(iv) oil spill prevention and response; 

13 ‘‘(v) national security; 

14 ‘‘(vi) major marine casualties; 

15 ‘‘(vii) protection of Alaska Native ar16 chaeological and cultural resources; and 

17 ‘‘(viii) port of refuge, arctic research, 

18 and maritime law enforcement.’’; 

19 (3) by amending subsection (c)(3) to read as 

20 follows: 

21 ‘‘(3) Facilitate coordination among members of 

22 the Council on the development and use of the land 

23 and coastline of Point Spencer, as such development 

24 and use relate to activities of the Council at the Port 

25 of Point Spencer.’’; and 


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1 (4) in subsection (e)— 

2 (A) by striking ‘‘Operations and manage3 ment costs’’ and inserting the following: 

4 ‘‘(1) DETERMINATION OF COSTS.—Operations 

5 and management costs’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(2) FUNDING.—To facilitate the mooring buoy 

8 system in Port Clarence and to assist the Council in 

9 the development of other oil spill prevention and re10 sponse infrastructure, including reactivating the air11 strip at Point Spencer with appropriate technology 

12 and safety equipment in support of response oper13 ations, there is authorized to be made available 

14 $5,000,000 for each of fiscal years 2023 through 

15 2025 from the interest generated from the Oil Spill 

16 Liability Trust Fund.’’. 

17 SEC. 411. ALASKA OIL SPILL PLANNING CRITERIA. 

18 (a) ALASKA OIL SPILL PLANNING CRITERIA.—Sec19 tion 311(j)(5) of the Federal Water Pollution Control Act 

20 (33 U.S.C. 1321(j)(5)) is amended by adding at the end 

21 the following: 

22 ‘‘(J)(i) Except as provided in clause (iv), in any 

23 case in which the Secretary has determined that the 

24 national planning criteria established pursuant to 

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1 ating in the area of responsibility of Coast Guard 

2 Sector Anchorage, a response plan required under 

3 this paragraph with respect to a discharge of oil for 

4 the vessel shall comply with the planning criteria es5 tablished under clause (ii), which planning criteria 

6 shall, with respect to a discharge of oil from the ves7 sel, supercede the national planning criteria and 

8 apply in lieu of any alternative planning criteria ap9 proved for vessels operating in such area. 

10 ‘‘(ii) The President shall establish planning cri11 teria for a worst case discharge of oil, and a sub12 stantial threat of such a discharge, within the area 

13 of responsibility of Coast Guard Sector Anchorage, 

14 including planning criteria for the following: 

15 ‘‘(I) Mechanical oil spill response resources 

16 that are required to be located within such 

17 area. 

18 ‘‘(II) Response times for mobilization of oil 

19 spill response resources and arrival on the scene 

20 of a worst case discharge of oil, or substantial 

21 threat of such a discharge, occurring within 

22 such area. 

23 ‘‘(III) Dedicated vessels for oil spill re24 sponse that are capable of operating in the 


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1 ocean environment and required to be located 

2 within such area. 

3 ‘‘(IV) Ensuring the availability of at least 

4 one oil spill removal organization that is classi5 fied by the Coast Guard and that— 

6 ‘‘(aa) is capable of responding in all 

7 operating environments in such area; 

8 ‘‘(bb) provides vessel routing meas9 ures consistent with international routing 

10 measure deviation protocols; 

11 ‘‘(cc) maintains real-time continuous 

12 vessel tracking, monitoring, and engage13 ment protocols with the ability to detect 

14 and address vessel operation anomalies; 

15 ‘‘(dd) has the capability to manage 

16 wildlife protection and rehabilitation; 

17 ‘‘(ee) controls oil spill response re18 sources of dedicated and nondedicated re19 source providers within such area, through 

20 ownership, contracts, agreements, or other 

21 means approved by the President, suffi22 cient to mobilize and sustain a response to 

23 a worst case discharge of oil and to con24 tain, recover, and temporarily store dis25 charged oil; and 


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1 ‘‘(ff) has pre-positioned all of its oil 

2 spill response resources in strategic loca3 tions throughout such area in a manner 

4 that ensures the ability to support re5 sponse personnel, marine operations, air 

6 cargo, or other related logistics infrastruc7 ture. 

8 ‘‘(V) Temporary storage capability using 

9 both dedicated and non-dedicated assets located 

10 within such area. 

11 ‘‘(VI) Non-mechanical oil spill response re12 sources, to be available under contracts, agree13 ments, or other means approved by the Presi14 dent, capable of responding to both a discharge 

15 of persistent oil and a discharge of non-per16 sistent oil, whether the discharged oil was car17 ried by a vessel as fuel or cargo. 

18 ‘‘(VII) With respect to tank barges car19 rying non-persistent oil in bulk as cargo to be 

20 delivered to communities within such area, oil 

21 spill response resources that is required to be 

22 carried on board. 

23 ‘‘(VIII) Ensuring that oil spill response re24 sources otherwise required to be included in a 

25 response plan for purposes of compliance with 


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1 salvage and marine firefighting requirements 

2 are not used to meet the requirements of this 

3 subparagraph. 

4 ‘‘(IX) Specifying a minimum length of 

5 time that approval of a response plan under 

6 this subparagraph is valid. 

7 ‘‘(iii) The President may approve a response 

8 plan for a vessel under this subparagraph only if the 

9 owner or operator of the vessel demonstrates the 

10 availability of the oil spill response resources re11 quired to be included in the response plan under the 

12 planning criteria established under clause (ii). 

13 ‘‘(iv) Nothing in this subparagraph affects— 

14 ‘‘(I) vessels operating within the area of 

15 responsibility of the Coast Guard sector respon16 sible for Anchorage, Alaska, with primary oper17 ations occurring within Cook Inlet, Alaska; or 

18 ‘‘(II) the requirements applicable to tank 

19 vessels subject to section 5005 of the Oil Pollu20 tion Act of 1990 (33 U.S.C. 2735).’’. 

21 (b) ESTABLISHMENT OF ALASKA OIL SPILL PLAN22 NING CRITERIA.— 

23 (1) DEADLINE.—Not later than 180 days after 

24 the date of enactment of this Act, the President 

25 shall establish the planning criteria required to be 


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1 established under subparagraph (J) of section 

2 311(j)(5) of the Federal Water Pollution Control 

3 Act of (33 U.S.C. 1321(j)(5)), as added by this sec4 tion. 

5 (2) CONSULTATION.—In establishing such plan6 ning criteria, the President shall consult with the 

7 State of Alaska, owners and operators of vessels 

8 subject to such planning criteria, oil spill removal or9 ganizations, Alaska Native organizations, and envi10 ronmental nongovernmental organizations located 

11 within the State of Alaska. 

12 (c) CONGRESSIONAL REPORT.—Not later than one 

13 year after the date of enactment of this Act, the Secretary 

14 of the department in which the Coast Guard is operating 

15 shall submit to Congress a report regarding the status of 

16 implementing the requirements of subparagraph (J) of 

17 section 311(j)(5) of the Federal Water Pollution Control 

18 Act (33 U.S.C. 1321(j)(5)), as added by this section. 

19 SEC. 412. NONAPPLICABILITY. 

20 Requirements under sections 3507(d), 3507(e), 3508, 

21 and 3509 of title 46, United States Code, shall not apply 

22 to the passenger vessel American Queen (U.S. Coast 

23 Guard Official Number 1030765) or any other passenger 

24 vessel— 


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1 (1) on which construction identifiable with the 

2 specific vessel begins prior to the date of enactment 

3 of this Act; and 

4 (2) to which sections 3507 and 3508 would oth5 erwise apply when such vessels are operating inside 

6 the boundary line. 

7 TITLE V—SEXUAL ASSAULT AND 

8 SEXUAL HARASSMENT PRE9 VENTION AND RESPONSE 

10 SEC. 501. DEFINITIONS. 

11 (a) IN GENERAL.—Section 2101 of title 46, United 

12 States Code, is amended— 

13 (1) by redesignating paragraphs (45) through 

14 (54) as paragraphs (47) through (56), respectively; 

15 and 

16 (2) by inserting after paragraph (44) the fol17 lowing: 

18 ‘‘(45) ‘sexual assault’ means any form of abuse 

19 or contact as defined in chapter 109A of title 18, or 

20 a substantially similar State, local, or Tribal offense. 

21 ‘‘(46) ‘sexual harassment’ means— 

22 ‘‘(A) conduct that— 

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1 erate or repeated offensive comments or 

2 gestures of a sexual nature if any— 

3 ‘‘(I) submission to such conduct 

4 is made either explicitly or implicitly a 

5 term or condition of employment, pay, 

6 career, benefits, or entitlements of the 

7 individual; 

8 ‘‘(II) submission to, or rejection, 

9 of such conduct by an individual is 

10 used as a basis for decisions affecting 

11 that individual’s job, pay, career, ben12 efits, or entitlements; 

13 ‘‘(III) such conduct has the pur14 pose or effect of unreasonably inter15 fering with an individual’s work per16 formance or creates an intimidating, 

17 hostile, or offensive work environment; 

18 or 

19 ‘‘(IV) conduct may have been by 

20 an individual’s supervisor, a super21 visor in another area, a co-worker, or 

22 another credentialed mariner; and 

23 ‘‘(ii) is so severe or pervasive that a 

24 reasonable person would perceive, and the 


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1 victim does perceive, the environment as 

2 hostile or offensive; 

3 ‘‘(B) any use or condonation associated 

4 with firsthand or personal knowledge, by any 

5 individual in a supervisory or command posi6 tion, of any form of sexual behavior to control, 

7 influence, or affect the career, pay, benefits, en8 titlements, or employment of a subordinate; and 

9 ‘‘(C) any deliberate or repeated unwelcome 

10 verbal comment or gesture of a sexual nature 

11 by any fellow employee of the complainant.’’. 

12 (b) REPORT.—The Commandant of the Coast Guard 

13 shall submit to the Committee on Transportation and In14 frastructure of the House of Representatives and the Com15 mittee on Commerce, Science, and Transportation of the 

16 Senate a report describing any changes the Commandant 

17 may propose to the definitions added by the amendments 

18 in subsection (a). 

19 SEC. 502. CONVICTED SEX OFFENDER AS GROUNDS FOR 

20 DENIAL. 

21 (a) IN GENERAL.—Chapter 75 of title 46, United 

22 States Code, is amended by adding at the end the fol23 lowing: 


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1 ‘‘§ 7511. Convicted sex offender as grounds for denial 

2 ‘‘(a) SEXUAL ABUSE.—A license, certificate of reg3 istry, or merchant mariner’s document authorized to be 

4 issued under this part shall be denied to an individual who 

5 has been convicted of a sexual offense prohibited under 

6 chapter 109A of title 18, except for subsection (b) of sec7 tion 2244 of title 18, or a substantially similar State, local, 

8 or Tribal offense. 

9 ‘‘(b) ABUSIVE SEXUAL CONTACT.—A license, certifi10 cate of registry, or merchant mariner’s document author11 ized to be issued under this part may be denied to an indi12 vidual who within 5 years before applying for the license, 

13 certificate, or document, has been convicted of a sexual 

14 offense prohibited under subsection (b) of section 2244 of 

15 title 18, or a substantially similar State, local, or Tribal 

16 offense.’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for chap18 ter 75 of title 46, United States Code, is amended by add19 ing at the end the following: 

‘‘7511. Convicted sex offender as grounds for denial.’’. 

20 SEC. 503. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS 

21 GROUNDS FOR SUSPENSION OR REVOCA22 TION. 

23 (a) IN GENERAL.—Chapter 77 of title 46, United 

24 States Code, is amended by inserting after section 7704 

25 the following: 


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1 ‘‘§ 7704a. Sexual harassment or sexual assault as 

2 grounds for suspension or 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 5 years before the beginning 

7 of the suspension and revocation proceedings, is the sub8 ject of an official finding of sexual harassment, then the 

9 license, certificate of registry, or merchant mariner’s docu10 ment may 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 10 years before the beginning of the sus15 pension and revocation proceedings, is the subject of an 

16 official finding of sexual assault, then the license, certifi17 cate of registry, or merchant mariner’s document shall be 

18 revoked. 

19 ‘‘(c) OFFICIAL FINDING.— 

20 ‘‘(1) IN GENERAL.—In this section, the term 

21 ‘official finding’ means— 

22 ‘‘(A) a legal proceeding or agency finding 

23 or decision that determines the individual com24 mitted sexual harassment or sexual assault in 

25 violation of any Federal, State, local, or Tribal 

26 law or regulation; or 


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1 ‘‘(B) a determination after an investigation 

2 by the Coast Guard that, by a preponderance of 

3 the evidence, the individual committed sexual 

4 harassment or sexual assault if the investiga5 tion affords appropriate due process rights to 

6 the subject of the investigation. 

7 ‘‘(2) INVESTIGATION BY THE COAST GUARD.— 

8 An investigation by the Coast Guard under para9 graph (1)(B) shall include, at a minimum, evalua10 tion of the following materials that, upon request, 

11 shall be provided to the Coast Guard: 

12 ‘‘(A) Any inquiry or determination made 

13 by the employer or former employer of the indi14 vidual as to whether the individual committed 

15 sexual harassment or sexual assault. 

16 ‘‘(B) Any investigative materials, docu17 ments, records, or files in the possession of an 

18 employer or former employer of the individual 

19 that are related to the claim of sexual harass20 ment or sexual assault by the individual. 

21 ‘‘(3) ADMINISTRATIVE LAW JUDGE REVIEW.— 

22 ‘‘(A) COAST GUARD INVESTIGATION.—A 

23 determination under paragraph (1)(B) shall be 

24 reviewed and affirmed by an administrative law 

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1 pension or revocation of a license, certificate of 

2 registry, or merchant mariner’s document under 

3 subsection (a) or (b). 

4 ‘‘(B) LEGAL PROCEEDING.—A determina5 tion under paragraph (1)(A) that an individual 

6 committed sexual harassment or sexual assault 

7 is conclusive in suspension and revocation pro8 ceedings.’’. 

9 (b) CLERICAL AMENDMENT.—The chapter analysis 

10 of chapter 77 of title 46, United States Code, is amended 

11 by inserting after the item relating to section 7704 the 

12 following: 

‘‘7704a. Sexual harassment or sexual assault as grounds for suspension or revocation.’’. 

13 SEC. 504. ACCOMMODATION; NOTICES. 

14 Section 11101 of title 46, United States Code, is 

15 amended— 

16 (1) in subsection (a)(3), by striking ‘‘and’’ at 

17 the end; 

18 (2) in subsection (a)(4), by striking the period 

19 at the end and inserting ‘‘; and’’; 

20 (3) in subsection (a), by adding at the end the 

21 following: 

22 ‘‘(5) each crew berthing area shall be equipped 

23 with information regarding— 


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1 ‘‘(A) vessel owner or company policies pro2 hibiting sexual assault and sexual harassment, 

3 retaliation, and drug and alcohol usage; and 

4 ‘‘(B) procedures and resources to report 

5 crimes, including sexual assault and sexual har6 assment, including information— 

7 ‘‘(i) on the contact information, 

8 website address, and mobile application to 

9 the Coast Guard Investigative Services for 

10 reporting of crimes and the Coast Guard 

11 National Command Center; 

12 ‘‘(ii) on vessel owner or company pro13 cedures to report violations of company 

14 policy and access resources; 

15 ‘‘(iii) on resources provided by outside 

16 organizations such as sexual assault hot17 lines and counseling; 

18 ‘‘(iv) on the retention period for sur19 veillance video recording after an incident 

20 of sexual harassment or sexual assault is 

21 reported; and 

22 ‘‘(v) additional items specified in reg23 ulations issued by, and at the discretion of, 

24 the Secretary of the department in which 

25 the Coast Guard is operating.’’; and 


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1 (4) in subsection (d), by adding at the end the 

2 following: ‘‘In each washing space in a visible loca3 tion there shall be information regarding procedures 

4 and resources to report crimes upon the vessel, in5 cluding sexual assault and sexual harassment, and 

6 vessel owner or company policies prohibiting sexual 

7 assault and sexual harassment, retaliation, and drug 

8 and alcohol usage.’’. 

9 SEC. 505. PROTECTION AGAINST DISCRIMINATION. 

10 Section 2114(a)(1) of title 46, United States Code, 

11 is amended— 

12 (1) by redesignating subparagraphs (B) 

13 through (G) as subsections (C) through (H), respec14 tively; and 

15 (2) by inserting after subparagraph (A) the fol16 lowing: 

17 ‘‘(B) the seaman in good faith has reported or 

18 is about to report to the vessel owner, Coast Guard 

19 or other appropriate Federal agency or department 

20 sexual harassment or sexual assault against the sea21 man or knowledge of sexual harassment or sexual 

22 assault against another seaman;’’. 

23 SEC. 506. ALCOHOL PROHIBITION. 

24 (a) REGULATIONS.— 


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

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

3 the department in which the Coast Guard is oper4 ating shall, taking into account the safety and secu5 rity of every individual on documented vessels, issue 

6 such regulations as are necessary relating to alcohol 

7 consumption on documented vessels, according to 

8 the following requirements: 

9 (A) The Secretary shall determine safe lev10 els of alcohol consumption by crewmembers 

11 aboard documented vessels engaged in commer12 cial service. 

13 (B) If the Secretary determines there is no 

14 alcohol policy that can be implemented to en15 sure a safe environment for crew and pas16 sengers, the Secretary shall implement a prohi17 bition on possession and consumption of alcohol 

18 by crewmembers while aboard a vessel, except 

19 when possession is associated with the commer20 cial sale or gift to non-crew members aboard 

21 the vessel. 

22 (2) IMMUNITY FROM CIVIL LIABILITY.—Any 

23 crewmember who reports an incident of sexual as24 sault or sexual harassment that is directly related to 

25 a violation of the regulations issued under paragraph 


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1 (1) is immune from civil liability for any related vio2 lation of such regulations. 

3 SEC. 507. SURVEILLANCE REQUIREMENTS. 

4 (a) IN GENERAL.—Part B of subtitle II of title 46, 

5 United States Code, is amended by adding at the end the 

6 following: 

7 ‘‘CHAPTER 49—OCEANGOING NON8 PASSENGER COMMERCIAL VESSELS 

‘‘Sec. 

‘‘4901. Surveillance requirements. 

9 ‘‘§ 4901. Surveillance requirements 

10 ‘‘(a) IN GENERAL.—A vessel engaged in commercial 

11 service that does not carry passengers, shall maintain a 

12 video surveillance system. 

13 ‘‘(b) APPLICABILITY.—The requirements in this sec14 tion shall apply to— 

15 ‘‘(1) documented vessels with overnight accom16 modations for at least 10 persons on board— 

17 ‘‘(A) is on a voyage of at least 600 miles 

18 and crosses seaward of the Boundary Line; or 

19 ‘‘(B) is at least 24 meters (79 feet) in 

20 overall length and required to have a load line 

21 under chapter 51; 

22 ‘‘(2) documented vessels of at least 500 gross 

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1 scribed by the Secretary under section 14104 on an 

2 international voyage; and 

3 ‘‘(3) vessels with overnight accommodations for 

4 at least 10 persons on board that are operating for 

5 no less than 72 hours on waters superjacent to the 

6 Outer Continental Shelf. 

7 ‘‘(c) PLACEMENT OF VIDEO AND AUDIO SURVEIL8 LANCE EQUIPMENT.— 

9 ‘‘(1) IN GENERAL.—The owner of a vessel to 

10 which this section applies shall install video and 

11 audio surveillance equipment aboard the vessel not 

12 later than 2 years after enactment of the Coast 

13 Guard Authorization Act of 2022, or during the next 

14 scheduled drydock, whichever is later. 

15 ‘‘(2) LOCATIONS.—Video and audio surveillance 

16 equipment shall be placed in passageways on to 

17 which doors from staterooms open. Such equipment 

18 shall be placed in a manner ensuring the visibility of 

19 every door in each such passageway. 

20 ‘‘(d) NOTICE OF VIDEO AND AUDIO SURVEIL21 LANCE.—The owner of a vessel to which this section ap22 plies shall provide clear and conspicuous signs on board 

23 the vessel notifying the crew of the presence of video and 

24 audio surveillance equipment. 

25 ‘‘(e) ACCESS TO VIDEO AND AUDIO RECORDS.— 


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1 ‘‘(1) IN GENERAL.—The owner of a vessel to 

2 which this section applies shall provide to any Fed3 eral, State, or other law enforcement official per4 forming official duties in the course and scope of a 

5 criminal or marine safety investigation, upon re6 quest, a copy of all records of video and audio sur7 veillance that the official believes is relevant to the 

8 investigation. 

9 ‘‘(2) CIVIL ACTIONS.—Except as proscribed by 

10 law enforcement authorities or court order, the 

11 owner of a vessel to which this section applies shall, 

12 upon written request, provide to any individual or 

13 the individual’s legal representative a copy of all 

14 records of video and audio surveillance— 

15 ‘‘(A) in which the individual is a subject of 

16 the video and audio surveillance; 

17 ‘‘(B) the request is in conjunction with a 

18 legal proceeding or investigation; and 

19 ‘‘(C) that may provide evidence of any sex20 ual harassment or sexual assault incident in a 

21 civil action. 

22 ‘‘(3) LIMITED ACCESS.—The owner of a vessel 

23 to which this section applies shall ensure that access 

24 to records of video and audio surveillance is limited 

25 to the purposes described in this paragraph and not 


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1 used as part of a labor action against a crew mem2 ber or employment dispute unless used in a criminal 

3 or civil action. 

4 ‘‘(f) RETENTION REQUIREMENTS.—The owner of a 

5 vessel to which this section applies shall retain all records 

6 of audio and video surveillance for not less than 150 days 

7 after the footage is obtained. Any video and audio surveil8 lance found to be associated with an alleged incident 

9 should be preserved for not less than 4 years from the 

10 date of the alleged incident. The Federal Bureau of Inves11 tigation and the Coast Guard are authorized access to all 

12 records of video and audio surveillance relevant to an in13 vestigation into criminal conduct. 

14 ‘‘(g) DEFINITION.—In this section, the term ‘owner’ 

15 means the owner, charterer, managing operator, master, 

16 or other individual in charge of a vessel. 

17 ‘‘(h) EXEMPTION.—Fishing vessels, fish processing 

18 vessels, and fish tender vessels are exempt from this sec19 tion.’’. 

20 (b) CLERICAL AMENDMENT.—The table of chapters 

21 for subtitle II of title 46, United States Code, is amended 

22 by adding after the item related to chapter 47 the fol23 lowing: 

‘‘49. Oceangoing non-passenger commercial vessels .......... 4901’’. 


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1 SEC. 508. MASTER KEY CONTROL. 

2 (a) IN GENERAL.—Chapter 31 of title 46, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 3106. Master key control system 

6 ‘‘(a) IN GENERAL.—The owner of a vessel subject to 

7 inspection under section 3301 shall— 

8 ‘‘(1) ensure that such vessel is equipped with a 

9 vessel master key control system, manual or elec10 tronic, which provides controlled access to all copies 

11 of the vessel’s master key of which access shall only 

12 be available to the individuals described in para13 graph (2); 

14 ‘‘(2) establish a list of all crew, identified by po15 sition, allowed to access and use the master key and 

16 maintain such list upon the vessel, within owner 

17 records and included in the vessel safety manage18 ment system; 

19 ‘‘(3) record in a logbook, located in a central20 ized location that is readily accessible to law enforce21 ment personnel, information on all access and use of 

22 the vessel’s master key; and 

23 ‘‘(4) make the list under paragraph (2) and the 

24 logbook under paragraph (3) available upon request 

25 to any agent of the Federal Bureau of Investigation, 

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1 forcement officer performing official duties in the 

2 course and scope of an investigation. 

3 ‘‘(b) PROHIBITED USE.—Crew not included on the 

4 list described in subsection (a)(2) shall not have access 

5 to or use the master key unless in an emergency and shall 

6 immediately notify the master and owner of the vessel fol7 lowing use of such key. 

8 ‘‘(c) REQUIREMENTS FOR LOGBOOK.—The logbook 

9 described in subsection (a)(3)— 

10 ‘‘(1) may be— 

11 ‘‘(A) electronic; and 

12 ‘‘(B) included in the vessel safety manage13 ment system; and 

14 ‘‘(2) shall include— 

15 ‘‘(A) dates and times of access; 

16 ‘‘(B) the room or location accessed; and 

17 ‘‘(C) the name and rank of the crew mem18 ber who used the master key. 

19 ‘‘(d) PENALTY.—Any crew member who uses the 

20 master key without having been granted access pursuant 

21 to subsection (a)(2) shall be liable to the United States 

22 Government for a civil penalty of not more than $1,000 

23 and may be subject to suspension or revocation under sec24 tion 7703. 


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1 ‘‘(e) EXEMPTION.—This section shall not apply to 

2 vessels subject to section 3507(f).’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chap4 ter 31 of title 46, United States Code, is amended by add5 ing at the end the following: 

‘‘3106. Master key control system.’’. 

6 SEC. 509. SAFETY MANAGEMENT SYSTEMS. 

7 Section 3203 of title 46, United States Code, is 

8 amended— 

9 (1) in subsection (a)— 

10 (A) by redesignating paragraphs (5) and 

11 (6) as paragraphs (7) and (8); and 

12 (B) by inserting after paragraph (4) the 

13 following: 

14 ‘‘(5) with respect to sexual harassment and sex15 ual assault, procedures for, and annual training re16 quirements for all shipboard personnel on— 

17 ‘‘(A) prevention; 

18 ‘‘(B) bystander intervention; 

19 ‘‘(C) reporting; 

20 ‘‘(D) response; and 

21 ‘‘(E) investigation; 

22 ‘‘(6) the logbook required under section 3106;’’; 

23 (2) by redesignating subsections (b) and (c) as 

24 subsections (c) and (d), respectively; and 


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1 (3) by inserting after subsection (a) the fol2 lowing: 

3 ‘‘(b) PROCEDURES AND TRAINING REQUIRE4 MENTS.—In prescribing regulations for the procedures 

5 and training requirements described in subsection (a)(5), 

6 such procedures and requirements shall be consistent with 

7 the requirements to report sexual harassment or sexual 

8 assault under section 10104.’’. 

9 SEC. 510. REQUIREMENT TO REPORT SEXUAL ASSAULT 

10 AND HARASSMENT. 

11 Section 10104 of title 46, United States Code, is 

12 amended by striking subsections (a) and (b) and inserting 

13 the following: 

14 ‘‘(a) MANDATORY REPORTING BY CREW MEMBER.— 

15 ‘‘(1) IN GENERAL.—A crew member of a docu16 mented vessel shall report to the Secretary any com17 plaint or incident of sexual harassment or sexual as18 sault of which the crewmember has firsthand or per19 sonal knowledge. 

20 ‘‘(2) PENALTY.—A crew member with firsthand 

21 or personal knowledge of a sexual assault or sexual 

22 harassment incident on a documented vessel who 

23 knowingly fails to report in compliance with para24 graph (a)(1) is liable to the United States Govern25 ment for a civil penalty of not more than $5,000. 


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1 ‘‘(3) AMNESTY.—A crew member who fails to 

2 make the required reporting under paragraph (1) 

3 shall not be subject to the penalty described in para4 graph (2) if the complaint is shared in confidence 

5 with the crew member directly from the assaulted in6 dividual or the crew member is a victim advocate as 

7 defined in section 40002(a) of the Violent Crime 

8 Control and Law Enforcement Act of 1994 (34 

9 U.S.C. 12291(a)). 

10 ‘‘(b) MANDATORY REPORTING BY VESSEL OWNER.— 

11 ‘‘(1) IN GENERAL.—A vessel owner or man12 aging operator of a documented vessel or the em13 ployer of a seafarer on that vessel shall report to the 

14 Secretary any complaint or incident of harassment, 

15 sexual harassment, or sexual assault in violation of 

16 employer policy or law, of which such vessel owner 

17 or managing operator of a vessel engaged in com18 mercial service, or the employer of the seafarer is 

19 made aware. Such reporting shall include results of 

20 any investigation into the incident, if applicable, and 

21 any action taken against the offending crewmember. 

22 ‘‘(2) PENALTY.—A vessel owner or managing 

23 operator of a vessel engaged in commercial service, 

24 or the employer of a seafarer on that vessel who 

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1 graph (1) is liable to the United States Government 

2 for a civil penalty of not more than $25,000. 

3 ‘‘(c) REPORTING PROCEDURES.— 

4 ‘‘(1) A report required under subsection (a) 

5 shall be made as soon as practicable, but no later 

6 than 10 days after the individual develops firsthand 

7 or personal knowledge of the sexual assault or sexual 

8 harassment incident to the Coast Guard National 

9 Command Center by the fastest telecommunication 

10 channel available. 

11 ‘‘(2) A report required under subsection (b) 

12 shall be made immediately after the vessel owner, 

13 managing operator, or employer of the seafarer 

14 gains knowledge of a sexual assault or sexual har15 assment incident by the fastest telecommunication 

16 channel available, and such report shall be made to 

17 the Coast Guard National Command Center— 

18 ‘‘(A) the nearest Coast Guard Captain of 

19 the Port; or 

20 ‘‘(B) the appropriate officer or agency of 

21 the government of the country in whose waters 

22 the incident occurs. 

23 ‘‘(3) A report required under subsections (a) 

24 and (b) shall include, to the best of the reporter’s 

25 knowledge— 


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1 ‘‘(A) the name, official position or role in 

2 relation to the vessel, and contact information 

3 of the individual making the report; 

4 ‘‘(B) the name and official number of the 

5 documented vessel; 

6 ‘‘(C) the time and date of the incident; 

7 ‘‘(D) the geographic position or location of 

8 the vessel when the incident occurred; and 

9 ‘‘(E) a brief description of the alleged sex10 ual harassment or sexual assault being re11 ported. 

12 ‘‘(4) After receipt of the report made under this 

13 subsection, the Coast Guard will collect information 

14 related to the identity of each alleged victim, alleged 

15 perpetrator, and witness through means designed to 

16 protect, to the extent practicable, the personal iden17 tifiable information of such individuals. 

18 ‘‘(d) REGULATIONS.—The requirements of this sec19 tion are effective as of the date of enactment of Coast 

20 Guard Authorization Act of 2022. The Secretary may 

21 issue additional regulations to implement the requirements 

22 of this section.’’. 


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1 SEC. 511. CIVIL ACTIONS FOR PERSONAL INJURY OR 

2 DEATH OF SEAMEN. 

3 (a) PERSONAL INJURY TO OR DEATH OF SEAMEN.— 

4 Section 30104 of title 46, United States Code, is amended 

5 by inserting ‘‘, including an injury resulting from sexual 

6 assault or sexual harassment,’’ after ‘‘in the course of em7 ployment’’. 

8 (b) TIME LIMIT ON BRINGING MARITIME ACTION.— 

9 Section 30106 of title 46, United States Code, is amend10 ed— 

11 (1) in the section heading by striking ‘‘for 

12 personal injury or death’’; 

13 (2) by striking ‘‘Except as otherwise’’ and in14 serting the following: 

15 ‘‘(a) IN GENERAL.—Except as otherwise’’; and 

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

17 ‘‘(b) EXTENSION FOR SEXUAL OFFENSE.—A civil ac18 tion under subsection (a) arising out of a maritime tort 

19 for a claim of sexual harassment or sexual assault shall 

20 be brought not less than 5 years after the cause of action 

21 for a claim of sexual harassment or sexual assault arose.’’. 

22 (c) CLERICAL AMENDMENT.—The analysis for chap23 ter 301 of title 46, United States Code, is amended by 

24 striking the item related to section 30106 and inserting 

25 the following: 

‘‘30106. Time limit on bringing maritime action.’’. 


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1 SEC. 512. ADMINISTRATION OF SEXUAL ASSAULT FORENSIC 

2 EXAMINATION KITS. 

3 (a) IN GENERAL.—Chapter 5 of title 14, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 564. Administration of sexual assault forensic ex7 amination kits 

8 ‘‘(a) REQUIREMENT.—A Coast Guard vessel that em9 barks on a covered voyage shall be— 

10 ‘‘(1) equipped with no less than 2 sexual as11 sault and forensic examination kits; and 

12 ‘‘(2) staffed with at least 1 medical professional 

13 qualified and trained to administer such kits. 

14 ‘‘(b) COVERED VOYAGE DEFINED.—In this section, 

15 the term ‘covered voyage’ means a prescheduled voyage 

16 of a Coast Guard vessel that, at any point during such 

17 voyage— 

18 ‘‘(1) would require the vessel to travel 5 con19 secutive days or longer at 20 knots per hour to 

20 reach a land-based or afloat medical facility; and 

21 ‘‘(2) aeromedical evacuation will be unavailable 

22 during the travel period referenced in paragraph 

23 (1).’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for chapter 5 of title 14, United States Code, is amended 

3 by adding at the end the following: 

‘‘564. Administration of sexual assault forensic examination kits.’’. 

4 TITLE VI—TECHNICAL, CON5 FORMING, AND CLARIFYING 

6 AMENDMENTS 

7 SEC. 601. TECHNICAL CORRECTIONS. 

8 (a) Section 319(b) of title 14, United States Code, 

9 is amended by striking ‘‘section 331 of the FAA Mod10 ernization and Reform Act of 2012 (49 U.S.C. 40101 

11 note)’’ and inserting ‘‘section 44801 of title 49’’. 

12 (b) Section 1156(c) of title 14, United States Code, 

13 is amended by striking ‘‘section 331 of the FAA Mod14 ernization and Reform Act of 2012 (49 U.S.C. 40101 

15 note)’’ and inserting ‘‘section 44801 of title 49’’. 

16 SEC. 602. TRANSPORTATION WORKER IDENTIFICATION 

17 CREDENTIAL TECHNICAL AMENDMENTS. 

18 (a) IN GENERAL.—Section 70105 of title 46, United 

19 States Code, is amended— 

20 (1) in the section heading by striking ‘‘secu21 rity cards’’ and inserting ‘‘worker identifica22 tion credentials’’; 

23 (2) by striking ‘‘transportation security card’’ 

24 each place it appears and inserting ‘‘transportation 

25 worker identification credential’’; 


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1 (3) by striking ‘‘transportation security cards’’ 

2 each place it appears and inserting ‘‘transportation 

3 worker identification credentials’’; 

4 (4) by striking ‘‘card’’ each place it appears 

5 and inserting ‘‘credential’’; 

6 (5) in the heading for subsection (b) by striking 

7 ‘‘CARDS’’ and inserting ‘‘CREDENTIALS’’; 

8 (6) by striking subsection (i) and redesignating 

9 subsections (j) and (k) as subsections (i) and (j), re10 spectively; 

11 (7) by striking subsection (l) and redesignating 

12 subsections (m) through (q) as subsections (k) 

13 through (o), respectively; 

14 (8) in subsection (j), as so redesignated— 

15 (A) in the subsection heading by striking 

16 ‘‘SECURITY CARD’’ and inserting ‘‘WORKER

17 IDENTIFICATION CREDENTIAL’’; and 

18 (B) in the heading for paragraph (2) by 

19 striking ‘‘SECURITY CARDS’’ and inserting 

20 ‘‘WORKER IDENTIFICATION CREDENTIALS’’; 

21 (9) in subsection (k)(1), as so redesignated, by 

22 striking ‘‘subsection (k)(3)’’ and inserting ‘‘sub23 section (j)(3)’’; and 

24 (10) in subsection (o), as so redesignated— 


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1 (A) in the subsection heading by striking 

2 ‘‘SECURITY CARD’’ and inserting ‘‘WORKER

3 IDENTIFICATION CREDENTIAL’’; 

4 (B) in paragraph (1)— 

5 (i) by striking ‘‘subsection (k)(3)’’ and 

6 inserting ‘‘subsection (j)(3)’’; and 

7 (ii) by striking ‘‘This plan shall’’ and 

8 inserting ‘‘Such receipt and activation 

9 shall’’; and 

10 (C) in paragraph (2) by striking ‘‘on-site 

11 activation capability’’ and inserting ‘‘on-site re12 ceipt and activation of transportation worker 

13 identification credentials’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for chap15 ter 701 of title 46, United States Code, is amended by 

16 striking the item related to section 70105 and inserting 

17 the following: 

‘‘70105. Transportation worker identification credentials.’’. 

18 SEC. 603. REINSTATEMENT. 

19 (a) REINSTATEMENT.—The text of section 12(a) of 

20 the Act of June 21, 1940 (33 U.S.C. 522(a)), popularly 

21 known as the Truman-Hobbs Act, is— 

22 (1) reinstated as it appeared on the day before 

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1 ization Act for Fiscal Year 2021 (Public Law 116– 

2 283); and 

3 (2) redesignated as the sole text of section 12 

4 of the Act of June 21, 1940 (33 U.S.C. 522). 

5 (b) EFFECTIVE DATE.—The provision reinstated by 

6 subsection (a) shall be treated as if such section 8507(b) 

7 had never taken effect. 

8 (c) CONFORMING AMENDMENT.—The provision rein9 stated under subsection (a) is amended by striking ‘‘, ex10 cept to the extent provided in this section’’. 

Æ 


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