IIB 

117TH CONGRESS 

2D SESSION H. R. 6865 

IN THE SENATE OF THE UNITED STATES 

MARCH 30, 2022 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Don Young Coast Guard Authorization Act of 2022’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AUTHORIZATION 

Sec. 101. Authorization of appropriations. 

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

Sec. 103. Shoreside infrastructure and facilities. 

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

TITLE II—COAST GUARD 

Subtitle A—Military Personnel Matters 

Sec. 201. Authorized strength. 

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

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

Sec. 204. Coast Guard behavioral health policy. 

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

Subtitle B—Operational Matters 

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

condition-based maintenance. 

Sec. 207. Unmanned systems strategy. 

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

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

Sec. 210. Great Lakes winter shipping. 

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

Sec. 212. Study on laydown of Coast Guard cutters. 

Subtitle C—Other Matters 

Sec. 213. Responses of Commandant of the Coast Guard to safety recommendations. 

Sec. 214. Conveyance of Coast Guard vessels for public purposes. 

Sec. 215. Acquisition life-cycle cost estimates. 

Sec. 216. National Coast Guard Museum funding plan. 

Sec. 217. Report on Coast Guard explosive ordnance disposal. 

Sec. 218. Pribilof Island transition completion actions. 

Sec. 219. Notification of communication outages. 

TITLE III—MARITIME 

Subtitle A—Shipping 

Sec. 301. Nonoperating individual. 


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Sec. 302. Oceanographic research vessels. 

Sec. 303. Atlantic Coast port access routes briefing. 

Subtitle B—Vessel Safety 

Sec. 304. Fishing vessel safety. 

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

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

Sec. 307. Automatic identification system requirements. 

Subtitle C—Shipbuilding Program 

Sec. 308. Qualified vessel. 

Sec. 309. Establishing a capital construction fund. 

TITLE IV—FEDERAL MARITIME COMMISSION 

Sec. 401. Short title. 

Sec. 402. Purposes. 

Sec. 403. Service contracts. 

Sec. 404. Shipping exchange registry. 

Sec. 405. Data collection. 

Sec. 406. National shipper advisory committee. 

Sec. 407. Annual report and public disclosures. 

Sec. 408. General prohibitions. 

Sec. 409. Prohibition on unreasonably declining cargo. 

Sec. 410. Detention and demurrage. 

Sec. 411. Assessment of penalties. 

Sec. 412. Investigations. 

Sec. 413. Injunctive relief. 

Sec. 414. Technical amendments. 

Sec. 415. Authorization of appropriations. 

Sec. 416. NAS study on supply chain industry. 

Sec. 417. Temporary emergency authority. 

Sec. 418. Terms and vacancies. 

TITLE V—MISCELLANEOUS 

Subtitle A—Navigation 

Sec. 501. Restriction on changing salvors. 

Sec. 502. Providing requirements for vessels anchored in established anchorage 

grounds. 

Sec. 503. Aquatic Nuisance Species Task Force. 

Sec. 504. Limitation on recovery for certain injuries incurred in aquaculture activities. 

Subtitle B—Other Matters 

Sec. 505. Information on type approval certificates. 

Sec. 506. Passenger vessel security and safety requirements. 

Sec. 507. Cargo waiting time reduction. 

Sec. 508. Limited indemnity provisions in standby oil spill response contracts. 

Sec. 509. Port Coordination Council for Point Spencer. 

Sec. 510. Western Alaska oil spill planning criteria. 

Sec. 511. Nonapplicability. 

Sec. 512. Report on enforcement of coastwise laws. 

Sec. 513. Land conveyance, Sharpe Army Depot, Lathrop, California. 


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Sec. 514. Center of Expertise for Marine Environmental Response. 

Sec. 515. Prohibition on entry and operation. 

Sec. 516. St. Lucie River railroad bridge. 

Sec. 517. Assistance related to marine mammals. 

Sec. 518. Manning and crewing requirements for certain vessels, vehicles, and 

structures. 

TITLE VI—SEXUAL ASSAULT AND SEXUAL HARASSMENT 

PREVENTION AND RESPONSE 

Sec. 601. Definitions. 

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

Sec. 603. Sexual harassment or sexual assault as grounds for suspension or 

revocation. 

Sec. 604. Accommodation; notices. 

Sec. 605. Protection against discrimination. 

Sec. 606. Alcohol prohibition. 

Sec. 607. Surveillance requirements. 

Sec. 608. Master key control. 

Sec. 609. Safety management systems. 

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

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

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

TITLE VII—TECHNICAL AND CONFORMING PROVISIONS 

Sec. 701. Technical corrections. 

Sec. 702. Transportation worker identification credential technical amendments. 

Sec. 703. Reinstatement. 

Sec. 704. Determination of budgetary effects. 

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’’; 

8 (2) in paragraph (1)— 

9 (A) in subparagraph (A)— 

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

11 fiscal year 2020’’ and inserting 


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1 ‘‘$9,282,360,000 for fiscal year 2022’’; 

2 and 

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

4 fiscal year 2021’’ and inserting 

5 ‘‘$10,210,596,000 for fiscal year 2023’’; 

6 (B) in subparagraph (B) by striking 

7 ‘‘$17,035,000’’ and inserting ‘‘$17,723,520’’; 

8 and 

9 (C) in subparagraph (C) by striking 

10 ‘‘$17,376,000’’ and inserting ‘‘$18,077,990’’; 

11 (3) in paragraph (2)— 

12 (A) in subparagraph (A)— 

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

14 fiscal year 2020’’ and inserting 

15 ‘‘$3,312,114,000 for fiscal year 2022’’; 

16 and 

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

18 fiscal year 2021’’ and inserting 

19 ‘‘$3,477,600,000 for fiscal year 2023’’; 

20 and 

21 (B) in subparagraph (B)— 

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

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

24 fiscal year 2022’’; and 


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1 (ii) by striking ‘‘$20,000,000 for fis2 cal year 2021’’ and inserting ‘‘$20,808,000 

3 for fiscal year 2023’’; 

4 (4) in paragraph (3)— 

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

6 year 2020’’ and inserting ‘‘$14,393,220 for fis7 cal year 2022’’; and 

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

9 year 2021’’ and inserting ‘‘$14,681,084 for fis10 cal year 2023’’; and 

11 (5) in paragraph (4)— 

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

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

14 fiscal year 2022’’; and 

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

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

17 fiscal year 2023’’. 

18 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

19 AND TRAINING. 

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

21 amended— 

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

23 2020 and 2021’’ and inserting ‘‘fiscal years 2022 

24 and 2023’’; and 


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

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

3 and 2023’’. 

4 SEC. 103. SHORESIDE INFRASTRUCTURE AND FACILITIES. 

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

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

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

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

9 the department in which the Coast Guard is operating to 

10 fund the acquisition, construction, rebuilding, or improve11 ment of Coast Guard shoreside infrastructure and facili12 ties necessary to support Coast Guard operations and 

13 readiness. 

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

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

16 $175,000,000 shall be authorized to improve facilities at 

17 the Coast Guard Yard in Baltimore, Maryland, including 

18 improvements to piers and wharves, dry dock, capital 

19 equipment utilities, or dredging necessary to facilitate ac20 cess to such Yard. 

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

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

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

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


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1 the barracks at the United States Coast Guard Training 

2 Center Cape May in Cape May, New Jersey. 

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

4 projects with funds authorized under this section, the 

5 Coast Guard shall mitigate, to the greatest extent prac6 ticable, natural hazard risks identified in any Shore Infra7 structure Vulnerability Assessment for Phase I related to 

8 such projects. 

9 (e) FORT WADSWORTH, NEW YORK.—Of the 

10 amounts set aside under subsection (a), up to $1,200,000 

11 shall be authorized to fund a construction project to— 

12 (1) complete repairs to the United States Coast 

13 Guard Station, New York, waterfront, including re14 pairs to the concrete pier; and 

15 (2) replace floating piers Alpha and Bravo, the 

16 South Breakwater and Ice Screen, the North Break17 water and Ice Screen, and the seawall. 

18 SEC. 104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF 

19 ADDITIONAL CUTTERS. 

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

21 appropriated under— 

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

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

24 for fiscal year 2022; 


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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; and 

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

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

8 for fiscal year 2023; 

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

10 the acquisition of a twelfth National Security 

11 Cutter; and 

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

13 the acquisition of 3 Fast Response Cutters. 

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

15 acquired using amounts authorized under subsection (a) 

16 shall be in addition to the National Security Cutters and 

17 Fast Response Cutters approved under the existing acqui18 sition baseline in the program of record for the National 

19 Security Cutter and Fast Response Cutter. 

20 (c) GREAT LAKES ICEBREAKER ACQUISITION.—Of 

21 the amounts authorized to be appropriated under section 

22 4902(2)(A)(ii) of title 14, United States Code— 

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

24 authorized for the acquisition of a Great Lakes iceVerDate Sep 11 2014 05:07 Mar 31, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6865.RFS H6865

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1 breaker at least as capable as Coast Guard Cutter 

2 Mackinaw (WLBB–30); and 

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

4 authorized for the design and selection of 

5 icebreaking cutters for operation in the Great Lakes, 

6 the Northeastern United States, and the Arctic, as 

7 appropriate, that are at least as capable as the 

8 Coast Guard 140-foot icebreaking tugs. 

9 (d) DRUG AND MIGRANT INTERDICTION.—Of the 

10 Fast Response Cutters authorized for acquisition under 

11 subsection (a), at least 1 shall be used for drug and mi12 grant interdiction in the Caribbean Basin (including the 

13 Gulf of Mexico). 

14 TITLE II—COAST GUARD 

15 Subtitle A—Military Personnel 

16 Matters 

17 SEC. 201. AUTHORIZED STRENGTH. 

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

19 amended by adding at the end the following: 

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

21 strength of the Coast Guard Selected Reserves for a fiscal 

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

23 such end strength upon a determination by the Secretary 

24 that varying such authorized end strength is in the na25 tional interest. 


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

2 end strength of the Coast Guard Selected Reserves by a 

3 number equal to not more than 2 percent of such author4 ized end strength upon a determination by the Com5 mandant that such increase would enhance manning and 

6 readiness in essential units or in critical specialties or rat7 ings.’’. 

8 SEC. 202. CONTINUATION OF OFFICERS WITH CERTAIN 

9 CRITICAL SKILLS ON ACTIVE DUTY. 

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

11 States Code, is amended by inserting after section 2165 

12 the following: 

13 ‘‘§ 2166. Continuation on active duty; Coast Guard of14 ficers with certain critical skills 

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

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

17 duty after the date otherwise provided for the retirement 

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

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

20 designated pursuant to subsection (b). 

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

22 FIELD.—The Commandant shall designate any critical 

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

24 active duty as provided in subsection (a). 


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1 ‘‘(c) DURATION OF CONTINUATION.—An officer con2 tinued on active duty pursuant to this section shall, if not 

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

4 after the month in which the officer completes 40 years 

5 of active service. 

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

7 section by prescribing policy which shall specify the cri8 teria to be used in designating any critical skill, specialty, 

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

10 (b) CLERICAL AMENDMENT.—The analysis for chap11 ter 21 of title 14, United States Code, is amended by in12 serting after the item relating to section 2165 the fol13 lowing: 

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

skills.’’. 

14 SEC. 203. NUMBER AND DISTRIBUTION OF OFFICERS ON 

15 ACTIVE DUTY PROMOTION LIST. 

16 (a) MAXIMUM NUMBER OF OFFICERS.—Section 

17 2103(a) of title 14, United States Code, is amended to 

18 read as follows: 

19 ‘‘(a) MAXIMUM TOTAL NUMBER.— 

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

21 Guard commissioned officers on the active duty pro22 motion list, excluding warrant officers, shall not ex23 ceed— 

24 ‘‘(A) 7,100 in fiscal year 2022; 


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1 ‘‘(B) 7,200 in fiscal year 2023; 

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

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

4 subsequent fiscal year. 

5 ‘‘(2) TEMPORARY INCREASE.—Notwithstanding 

6 paragraph (1), the Commandant may temporarily 

7 increase the total number of commissioned officers 

8 permitted under such paragraph by up to 2 percent 

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

10 commissioning of a Coast Guard Academy class. 

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

12 after exceeding the total number of commissioned of13 ficers permitted under paragraph (1), and each 30 

14 days thereafter until the total number of commis15 sioned officers no longer exceeds the number of such 

16 officers permitted under paragraph (1), the Com17 mandant shall notify the Committee on Transpor18 tation and Infrastructure of the House of Represent19 atives and the Committee on Commerce, Science, 

20 and Transportation of the Senate of the number of 

21 officers on the active duty promotion list on the last 

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

23 (b) OFFICERS NOT ON ACTIVE DUTY PROMOTION

24 LIST.— 


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

2 United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘§ 5113. Officers not on active duty promotion list 

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

6 President submits to Congress a budget pursuant to sec7 tion 1105 of title 31, the Commandant shall submit to 

8 the Committee on Transportation and Infrastructure of 

9 the House of Representatives and the Committee on Com10 merce, Science, and Transportation of the Senate the 

11 number of Coast Guard officers serving at other Federal 

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

13 promotion list.’’. 

14 (2) CLERICAL AMENDMENT.—The analysis for 

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

16 amended by adding at the end the following: 

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

17 SEC. 204. COAST GUARD BEHAVIORAL HEALTH POLICY. 

18 (a) INTERIM BEHAVIORAL HEALTH POLICY.—Not 

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

20 the Commandant of the Coast Guard shall establish an 

21 interim behavioral health policy for members of the Coast 

22 Guard equivalent to the policy described in section 5.28 

23 (relating to behavioral health) of Department of Defense 

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

25 Military Service: Retention’’. 


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1 (b) TERMINATION.—The interim policy established 

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

3 on which the Commandant issues a permanent behavior 

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

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

6 SEC. 205. IMPROVING REPRESENTATION OF WOMEN AND 

7 OF RACIAL AND ETHNIC MINORITIES AMONG 

8 COAST GUARD ACTIVE-DUTY MEMBERS. 

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

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

11 Coast Guard shall— 

12 (1) determine which recommendations in the 

13 RAND representation report can practicably be im14 plemented to promote improved representation in the 

15 Coast Guard of— 

16 (A) women; and 

17 (B) racial and ethnic minorities; and 

18 (2) submit to the Committee on Transportation 

19 and Infrastructure of the House of Representatives 

20 and the Committee on Commerce, Science, and 

21 Transportation of the Senate a report on the actions 

22 the Commandant has taken, or plans to take, to im23 plement such recommendations. 

24 (b) CURRICULUM AND TRAINING.—The Com25 mandant shall update, to reflect actions described under 


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

2 used at— 

3 (1) officer accession points, including the Coast 

4 Guard Academy and the Leadership Development 

5 Center; 

6 (2) enlisted member accession at the United 

7 States Coast Guard Training Center Cape May in 

8 Cape May, New Jersey; and 

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

10 leadership courses managed by the Leadership De11 velopment Center. 

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

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

14 the Representation of Women and Racial/Ethnic Minori15 ties Among U.S. Coast Guard Active-Duty Members’’ 

16 issued by the Homeland Security Operational Analysis 

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

18 Subtitle B—Operational Matters 

19 SEC. 206. PILOT PROJECT FOR ENHANCING COAST GUARD 

20 CUTTER READINESS THROUGH CONDITION21 BASED MAINTENANCE. 

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

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

24 Coast Guard shall conduct a pilot project to enhance cut25 ter readiness and reduce lost patrol days through the deVerDate Sep 11 2014 05:07 Mar 31, 2022 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H6865.RFS H6865

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1 ployment of commercially developed condition-based pro2 gram standards for cutter maintenance, in accordance 

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

4 (b) CRITERIA FOR CONDITION-BASED MAINTENANCE

5 EVALUATION.—In conducting the pilot project under sub6 section (a), the Commandant shall— 

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

8 class of cutters under construction with respect to 

9 which the application of the pilot project would en10 hance readiness; 

11 (2) use commercially developed condition-based 

12 program standards similar to those applicable to pri13 vately owned and operated vessels or vessels owned 

14 or operated by other Federal agencies (such as those 

15 currently operating under the direction of Military 

16 Sealift Command); 

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

18 the cutters selected under paragraph (1); 

19 (4) install or modify instrumentation capable of 

20 producing full hull, mechanical, and electrical data 

21 necessary to analyze cutter operational conditions 

22 with active maintenance alerts; and 

23 (5) deploy artificial intelligence, prognostic24 based integrated maintenance planning modeled 

25 after standards described in paragraph (2). 


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

2 submit to the Committee on Commerce, Science, and 

3 Transportation of the Senate and the Committee on 

4 Transportation and Infrastructure of the House of Rep5 resentatives— 

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

7 after the date of enactment of this Act on the 

8 progress in carrying out the pilot project described 

9 in subsection (a); and 

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

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

12 the pilot project described in subsection (a) that in13 cludes— 

14 (A) options to integrate commercially de15 veloped condition-based program standards for 

16 cutter maintenance to Coast Guard cutters; and 

17 (B) plans to deploy commercially developed 

18 condition-based program standards for cutter 

19 maintenance to Coast Guard cutters. 

20 SEC. 207. UNMANNED SYSTEMS STRATEGY. 

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

22 days after the date of enactment of this Act, the Com23 mandant of the Coast Guard shall submit to the Com24 mittee on Transportation and Infrastructure of the House 

25 of Representatives and the Committee on Commerce, 


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1 Science, and Transportation of the Senate a detailed de2 scription of the strategy of the Coast Guard to implement 

3 unmanned systems across mission areas, including— 

4 (1) the steps taken to implement actions rec5 ommended in the consensus study report of the Na6 tional Academies of Sciences, Engineering, and Med7 icine published on November 12, 2020, titled 

8 ‘‘Leveraging Unmanned Systems for Coast Guard 

9 Missions: A Strategic Imperative’’; 

10 (2) the strategic goals and acquisition strategies 

11 for proposed uses and procurements of unmanned 

12 systems; 

13 (3) a strategy to sustain competition and inno14 vation for procurement of unmanned systems and 

15 services for the Coast Guard, including defining op16 portunities for new and existing technologies; and 

17 (4) an estimate of the timeline, costs, staff re18 sources, technology, or other resources necessary to 

19 accomplish the strategy. 

20 (b) PILOT PROJECT.— 

21 (1) AUTONOMOUS CONTROL AND COMPUTER VI22 SION TECHNOLOGY.—The Commandant of the Coast 

23 Guard, acting through the Blue Technology Center 

24 of Expertise, shall conduct a pilot project to retrofit 

25 an existing Coast Guard small boat with— 


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1 (A) commercially available autonomous 

2 control and computer vision technology; and 

3 (B) such sensors and methods of commu4 nication as are necessary to demonstrate the 

5 ability of such control and technology to assist 

6 in conducting search and rescue, surveillance, 

7 and interdiction missions. 

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

9 under paragraph (1) shall evaluate commercially 

10 available products in the field and collect operational 

11 data to inform future requirements. 

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

13 completing the pilot project required under para14 graph (1), the Commandant shall brief the Com15 mittee on Transportation and Infrastructure of the 

16 House of Representatives and the Committee on 

17 commerce, Science, and Transportation of the Sen18 ate on the evaluation of the data derived from the 

19 project. 

20 SEC. 208. BUDGETING OF COAST GUARD RELATING TO CER21 TAIN OPERATIONS. 

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

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

24 following: 


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1 ‘‘§ 5114. Expenses of performing and executing de2 fense readiness mission activities 

3 ‘‘The Commandant of the Coast Guard shall include 

4 in the annual budget submission of the President under 

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

6 that adequately represents a calculation of the annual 

7 costs and expenditures of performing and executing all de8 fense readiness mission activities, including— 

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

10 coordination, training, and execution of defense 

11 readiness mission activities in the Coast Guard’s ca12 pacity as an Armed Force (as such term is defined 

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

14 of Defense national security operations and activities 

15 or for any other military department or defense 

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

17 ‘‘(2) costs associated with Coast Guard detach18 ments assigned in support of the Coast Guard’s de19 fense readiness mission; and 

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

21 Commandant determines appropriate or otherwise of 

22 interest to Congress.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for chap24 ter 51 of title 14, United States Code, is further amended 

25 by adding at the end the following: 


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

1 SEC. 209. REPORT ON SAN DIEGO MARITIME DOMAIN 

2 AWARENESS. 

3 Not later than 180 days after the date of enactment 

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

5 submit to the Committee on Transportation and Infra6 structure of the House of Representatives and the Com7 mittee on Commerce, Science, and Transportation of the 

8 Senate a report containing— 

9 (1) an overview of the maritime domain aware10 ness in the area of responsibility of the Coast Guard 

11 sector responsible for San Diego, California, includ12 ing— 

13 (A) the average volume of known maritime 

14 traffic that transited the area during fiscal 

15 years 2020 through 2022; 

16 (B) current sensor platforms deployed by 

17 such sector to monitor illicit activity occurring 

18 at sea in such area; 

19 (C) the number of illicit activity incidents 

20 at sea in such area that the sector responded to 

21 during fiscal years 2020 through 2022; 

22 (D) an estimate of the volume of traffic 

23 engaged in illicit activity at sea in such area 

24 and the type and description of any vessels used 


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1 to carry out illicit activities that such sector re2 sponded to during fiscal years 2020 through 

3 2022; and 

4 (E) the maritime domain awareness re5 quirements to effectively meet the mission of 

6 such sector; 

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

8 Coast Guard to partner with Federal, regional, 

9 State, and local entities to meet the maritime do10 main awareness needs of such area; 

11 (3) a description of any gaps in maritime do12 main awareness within the area of responsibility of 

13 such sector resulting from an inability to meet the 

14 enduring maritime domain awareness requirements 

15 of the sector or adequately respond to maritime dis16 order; 

17 (4) an identification of current technology and 

18 assets the Coast Guard has to mitigate the gaps 

19 identified in paragraph (3); 

20 (5) an identification of capabilities needed to 

21 mitigate such gaps, including any capabilities the 

22 Coast Guard currently possesses that can be de23 ployed to the sector; 


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1 (6) an identification of technology and assets 

2 the Coast Guard does not currently possess and are 

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

4 (7) an identification of any financial obstacles 

5 that prevent the Coast Guard from deploying exist6 ing commercially available sensor technology to ad7 dress such gaps. 

8 SEC. 210. GREAT LAKES WINTER SHIPPING. 

9 (a) GREAT LAKES ICEBREAKING OPERATIONS.— 

10 (1) GOVERNMENT ACCOUNTABILITY OFFICE RE11 PORT.— 

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

13 after the date of enactment of this Act, the 

14 Comptroller General of the United States shall 

15 submit to the Committee on Commerce, 

16 Science, and Transportation of the Senate and 

17 the Committee on Transportation and Infra18 structure of the House of Representatives a re19 port on Coast Guard icebreaking in the Great 

20 Lakes. 

21 (B) ELEMENTS.—The report required 

22 under subparagraph (A) shall— 

23 (i) evaluate— 

24 (I) the economic impact related 

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1 ciated with ice coverage on the Great 

2 Lakes; 

3 (II) the impact the standards 

4 proposed in paragraph (2) would have 

5 on Coast Guard operations in the 

6 Great Lakes if such standards were 

7 adopted; 

8 (III) the fleet mix of medium ice9 breakers and icebreaking tugs nec10 essary to meet the standards proposed 

11 in paragraph (2); and 

12 (IV) the resources necessary to 

13 support the fleet described in sub14 clause (III), including billets for crew 

15 and operating costs; and 

16 (ii) make recommendations to the 

17 Commandant for improvements to the 

18 Great Lakes icebreaking program, includ19 ing with respect to facilitating shipping 

20 and meeting all Coast Guard mission 

21 needs. 

22 (2) PROPOSED STANDARDS FOR ICEBREAKING

23 OPERATIONS.—The proposed standards, the impact 

24 of the adoption of which is evaluated in subclauses 


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1 (II) and (III) of paragraph (1)(B)(i), are the fol2 lowing: 

3 (A) Except as provided in subparagraph 

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

5 Lakes shall be open to navigation not less than 

6 90 percent of the hours that vessels engaged in 

7 commercial service and ferries attempt to tran8 sit such ice-covered waterways. 

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

10 are not open to navigation, as described in sub11 paragraph (A), because of ice of a thickness 

12 that occurs on average only once every 10 

13 years, ice-covered waterways in the Great Lakes 

14 shall be open to navigation at least 70 percent 

15 of the hours that vessels engaged in commercial 

16 service and ferries attempt to transit such ice17 covered waterways. 

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

19 90 days after the date on which the Comptroller 

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

21 Commandant shall submit to the Committee on 

22 Commerce, Science, and Transportation of the Sen23 ate and the Committee on Transportation and Infra24 structure of the House of Representatives a report 

25 that includes the following: 


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1 (A) A plan for Coast Guard implementa2 tion of any recommendation made by the Comp3 troller General under paragraph (1)(B)(ii) with 

4 which the Commandant concurs. 

5 (B) With respect to any recommendation 

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

7 the Commandant does not concur, an expla8 nation of the reasons why the Commandant 

9 does not concur. 

10 (C) A review of, and a proposed implemen11 tation plan for, the results of the fleet mix anal12 ysis under paragraph (1)(B)(i)(III). 

13 (D) Any proposed modifications to current 

14 Coast Guard standards for icebreaking oper15 ations in the Great Lakes. 

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

17 following the date of enactment of this Act, the 

18 Coast Guard shall conduct a pilot program to deter19 mine the extent to which the current Coast Guard 

20 Great Lakes icebreaking cutter fleet can meet the 

21 proposed standards described in paragraph (2). 

22 (b) DATA ON ICEBREAKING OPERATIONS IN THE

23 GREAT LAKES.— 

24 (1) IN GENERAL.—The Commandant shall col25 lect, during ice season, archive, and disseminate data 


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1 on icebreaking operations and transits on ice-covered 

2 waterways in the Great Lakes of vessels engaged in 

3 commercial service and ferries. 

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

5 disseminated under paragraph (1) shall include the 

6 following: 

7 (A) Voyages by vessels engaged in com8 mercial service and ferries to transit ice-covered 

9 waterways in the Great Lakes that are delayed 

10 or canceled because of the nonavailability of a 

11 suitable icebreaking vessel. 

12 (B) Voyages attempted by vessels engaged 

13 in commercial service and ferries to transit ice14 covered waterways in the Great Lakes that do 

15 not reach their intended destination because of 

16 the nonavailability of a suitable icebreaking ves17 sel. 

18 (C) The period of time that each vessel en19 gaged in commercial service or ferry was de20 layed in getting underway or during a transit of 

21 ice-covered waterways in the Great Lakes due 

22 to the nonavailability of a suitable icebreaking 

23 vessel. 

24 (D) The period of time elapsed between 

25 each request for icebreaking assistance by a 


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1 vessel engaged in commercial service or ferry 

2 and the arrival of a suitable icebreaking vessel 

3 and whether such icebreaking vessel was a 

4 Coast Guard or commercial asset. 

5 (E) The percentage of hours that Great 

6 Lakes ice-covered waterways were open to navi7 gation while vessels engaged in commercial 

8 service and ferries attempted to transit such 

9 waterways for each ice season after the date of 

10 enactment of this Act. 

11 (F) Relevant communications of each ves12 sel engaged in commercial service or ferry with 

13 the Coast Guard or commercial icebreaking 

14 service providers with respect to subparagraphs 

15 (A) through (D). 

16 (G) A description of any mitigating cir17 cumstance, such as Coast Guard Great Lakes 

18 icebreaker diversions to higher priority mis19 sions, that may have contributed to the amount 

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

21 or the percentage of time described in subpara22 graph (E). 

23 (3) VOLUNTARY REPORTING.—Any reporting by 

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1 cial service or ferries under this section shall be vol2 untary. 

3 (4) PUBLIC AVAILABILITY.—The Commandant 

4 shall make the data collected, archived, and dissemi5 nated under this subsection available to the public 

6 on a publicly accessible internet website of the Coast 

7 Guard. 

8 (5) CONSULTATION WITH INDUSTRY.—With re9 spect to the Great Lakes icebreaking operations of 

10 the Coast Guard and the development of the data 

11 collected, archived, and disseminated under this sub12 section, the Commandant shall consult operators 

13 of— 

14 (A) vessels engaged in commercial service; 

15 and 

16 (B) ferries. 

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

18 8105 of the William M. (Mac) Thornberry National De19 fense Authorization Act for Fiscal Year 2021 (Public Law 

20 116–283) is amended by striking subsection (b) and in21 serting the following: 

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

23 of enactment of this subsection, the Commandant shall 

24 submit to the Committee on Commerce, Science, and 

25 Transportation of the Senate and the Committee on 


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1 Transportation and Infrastructure of the House of Rep2 resentatives a report on the operational benefits and limi3 tations of a common hull design for icebreaking cutters 

4 for operation in the Great Lakes, the Northeastern United 

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

6 as capable as the Coast Guard 140-foot icebreaking 

7 tugs.’’. 

8 (d) DEFINITIONS.—In this section: 

9 (1) COMMERCIAL SERVICE.—The term ‘‘com10 mercial service’’ has the meaning given such term in 

11 section 2101 of title 46, United States Code. 

12 (2) GREAT LAKES.—The term ‘‘Great 

13 Lakes’’— 

14 (A) has the meaning given such term in 

15 section 118 of the Federal Water Pollution 

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

17 (B) includes harbors adjacent to such 

18 waters. 

19 (3) ICE-COVERED WATERWAY.—The term ‘‘ice20 covered waterway’’ means any portion of the Great 

21 Lakes in which vessels engaged in commercial serv22 ice or ferries operate that is 70 percent or greater 

23 covered by ice, but does not include any waters adja24 cent to piers or docks for which commercial 


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1 icebreaking services are available and adequate for 

2 the ice conditions. 

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

4 navigation’’ means navigable to the extent necessary 

5 to— 

6 (A) meet the reasonable demands of ship7 ping; 

8 (B) minimize delays to passenger ferries; 

9 (C) extricate vessels and persons from dan10 ger; 

11 (D) prevent damage due to flooding; and 

12 (E) conduct other Coast Guard missions, 

13 as required. 

14 (5) REASONABLE DEMANDS OF SHIPPING.—The 

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

16 safe movement of vessels engaged in commercial 

17 service and ferries transiting ice-covered waterways 

18 in the Great Lakes to their intended destination, re19 gardless of type of cargo. 

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

21 SPILL SEARCH AND RESPONSE. 

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

23 Authorization Act of 2018 (14 U.S.C. 313 note) is amend24 ed to read as follows: 


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

2 Lakes’ means— 

3 ‘‘(1) Lake Ontario; 

4 ‘‘(2) Lake Erie; 

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

6 ‘‘(4) Lake Michigan; 

7 ‘‘(5) Lake Superior; and 

8 ‘‘(6) the connecting channels (including the fol9 lowing rivers and tributaries of such rivers: Saint 

10 Mary’s River, Saint Clair River, Detroit River, Niag11 ara River, Illinois River, Chicago River, Fox River, 

12 Grand River, St. Joseph River, St. Louis River, Me13 nominee River, Muskegon River, Kalamazoo River, 

14 and Saint Lawrence River to the Canadian bor15 der).’’. 

16 SEC. 212. STUDY ON LAYDOWN OF COAST GUARD CUTTERS. 

17 Not later than 120 days after the date of enactment 

18 of this Act, the Secretary of Homeland Security, in con19 sultation with the Secretary of Transportation, shall con20 duct a study on the laydown of Coast Guard Fast Re21 sponse Cutters to assess Coast Guard mission readiness 

22 and to identify areas of need for asset coverage. 


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1 Subtitle C—Other Matters 

2 SEC. 213. RESPONSES OF COMMANDANT OF THE COAST 

3 GUARD TO SAFETY RECOMMENDATIONS. 

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

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 721. Responses to safety recommendations 

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

9 submission to the Commandant of the Coast Guard of a 

10 recommendation by the National Transportation Safety 

11 Board relating to transportation safety, the Commandant 

12 shall submit to the Board a written response to each rec13 ommendation, which shall include whether the Com14 mandant— 

15 ‘‘(1) concurs with the recommendation; 

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

17 or 

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

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

20 under subsection (a) shall include— 

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

22 the Commandant concurs, an explanation of the ac23 tions the Commandant intends to take to implement 

24 such recommendation; 


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

2 the Commandant partially concurs, an explanation 

3 of the actions the Commandant intends to take to 

4 implement the portion of such recommendation with 

5 which the Commandant partially concurs; and 

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

7 the Commandant does not concur, the reasons why 

8 the Commandant does not concur with such rec9 ommendation. 

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

11 received the written response required under subsection 

12 (a) by the end of the time period described in such sub13 section, the Board shall notify the Committee on Trans14 portation and Infrastructure of the House of Representa15 tives and the Committee on Commerce, Science, and 

16 Transportation of the Senate that such response has not 

17 been received.’’. 

18 (b) CLERICAL AMENDMENT.—The analysis for chap19 ter 7 of title 14, United States Code, is amended by insert20 ing after the item relating to section 720 the following: 

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

21 SEC. 214. CONVEYANCE OF COAST GUARD VESSELS FOR 

22 PUBLIC PURPOSES. 

23 (a) REDESIGNATION AND TRANSFER.— 

24 (1) IN GENERAL.—Section 914 of the Coast 

25 Guard Authorization Act of 2010 (Public Law 111– 


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1 281) is transferred to chapter 5 of title 14, United 

2 States Code, inserted after section 508, redesignated 

3 as section 509, and amended so that the enu4 merator, section heading, typeface, and typestyle 

5 conform to those appearing in other sections in title 

6 46, United States Code. 

7 (2) CLERICAL AMENDMENTS.— 

8 (A) COAST GUARD AUTHORIZATION ACT OF

9 2010.—The table of contents in section 1(b) of 

10 the Coast Guard Authorization Act of 2010 

11 (Public Law 111–281) is amended by striking 

12 the item relating to section 914. 

13 (B) TITLE 46.—The analysis for chapter 5 

14 of title 14, United States Code, is amended by 

15 inserting after the item relating to section 508 

16 the following: 

‘‘509. Conveyance of Coast Guard vessels for public purposes.’’. 

17 (b) CONVEYANCE OF COAST GUARD VESSELS FOR

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

19 States Code (as transferred and redesignated under sub20 section (a)), is amended— 

21 (1) by amending subsection (a) to read as fol22 lows: 

23 ‘‘(a) IN GENERAL.—At the request of the Com24 mandant, the Administrator of the General Services Ad25 ministration may transfer ownership of a Coast Guard 


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1 vessel or aircraft to an eligible entity for use for edu2 cational, cultural, historical, charitable, recreational, or 

3 other public purposes if such transfer is authorized by 

4 law.’’; and 

5 (2) in subsection (b)— 

6 (A) in paragraph (1)— 

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

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

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

10 date of enactment of the Don Young Coast 

11 Guard Authorization Act of 2022’’ after 

12 ‘‘Code of Federal Regulations’’; and 

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

14 effect on the date of enactment of the Don 

15 Young Coast Guard Authorization Act of 2022’’ 

16 after ‘‘such title’’. 

17 SEC. 215. ACQUISITION LIFE-CYCLE COST ESTIMATES. 

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

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

20 the following: 

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

22 or Level 2 acquisition project or program, in addi23 tion to life-cycle cost estimates developed under 

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


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1 ‘‘(A) such life-cycle cost estimates be up2 dated before— 

3 ‘‘(i) each milestone decision is con4 cluded; and 

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

6 new acquisition phase; and 

7 ‘‘(B) an independent cost estimate or inde8 pendent cost assessment, as appropriate, be de9 veloped to validate such life-cycle cost estimates 

10 developed under paragraph (1).’’. 

11 SEC. 216. NATIONAL COAST GUARD MUSEUM FUNDING 

12 PLAN. 

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

14 amended by striking ‘‘the Inspector General of the depart15 ment in which the Coast Guard is operating’’ and insert16 ing ‘‘a third party entity qualified to undertake such a 

17 certification process’’. 

18 SEC. 217. REPORT ON COAST GUARD EXPLOSIVE ORD19 NANCE DISPOSAL. 

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

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

22 Coast Guard shall submit to the Committee on Transpor23 tation and Infrastructure of the House of Representatives 

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1 lishing an explosive ordnance disposal program (herein2 after referred to as the ‘‘Program’’) in the Coast Guard. 

3 (b) CONTENTS.—The report required under sub4 section (a) shall contain, at a minimum, an explanation 

5 of the following with respect to such a Program: 

6 (1) Where within the organizational structure 

7 of the Coast Guard the Program would be located, 

8 including a discussion of whether the Program 

9 should reside in— 

10 (A) Maritime Safety and Security Teams; 

11 (B) Maritime Security Response Teams; 

12 (C) a combination of the teams described 

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

14 (D) elsewhere within the Coast Guard. 

15 (3) The vehicles and dive craft that are Coast 

16 Guard airframe and vessel transportable that would 

17 be required for the transportation of explosive ord18 nance disposal elements. 

19 (4) The Coast Guard stations at which— 

20 (A) portable explosives storage magazines 

21 would be available for explosive ordnance dis22 posal elements; and 

23 (B) explosive ordnance disposal elements 

24 equipment would be pre-positioned. 


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1 (5) How the Program would support other ele2 ments within the Department of Homeland Security, 

3 the Department of Justice, and in wartime, the De4 partment of Defense to— 

5 (A) counter improvised explosive devices; 

6 (B) counter unexploded ordnance; 

7 (C) combat weapons of destruction; 

8 (D) provide service in support of the Presi9 dent; and 

10 (E) support national security special 

11 events. 

12 (6) The career progression of Coast Guardsman 

13 participating in the Program from— 

14 (A) Seaman Recruit to Command Master 

15 Chief Petty Officer; 

16 (B) Chief Warrant Officer 2 to that of 

17 Chief Warrant Officer 4; and 

18 (C) Ensign to that of Rear Admiral. 

19 (7) Initial and annual budget justification esti20 mates on a single program element of the Program 

21 for— 

22 (A) civilian and military pay with details 

23 on military pay, including special and incentive 

24 pays such as— 

25 (i) officer responsibility pay; 


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1 (ii) officer SCUBA diving duty pay; 

2 (iii) officer demolition hazardous duty 

3 pay; 

4 (iv) enlisted SCUBA diving duty pay; 

5 (v) enlisted demolition hazardous duty 

6 pay; 

7 (vi) enlisted special duty assignment 

8 pay at level special duty-5; 

9 (vii) enlisted assignment incentive 

10 pays; 

11 (viii) enlistment and reenlistment bo12 nuses; 

13 (ix) officer and enlisted full civilian 

14 clothing allowances; 

15 (x) an exception to the policy allowing 

16 a third hazardous duty pay for explosive 

17 ordnance disposal-qualified officers and en18 listed; and 

19 (xi) parachutist hazardous duty pay; 

20 (B) research, development, test, and eval21 uation; 

22 (C) procurement; 

23 (D) other transaction agreements; 

24 (E) operations and support; and 

25 (F) overseas contingency operations. 


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1 SEC. 218. PRIBILOF ISLAND TRANSITION COMPLETION AC2 TIONS. 

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

4 Transition Completion Act of 2016 (Public Law 114–120) 

5 is amended— 

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

7 and inserting ‘‘6 years’’; and 

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

9 and inserting ‘‘120 days’’. 

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

11 later than 90 days after enactment of this Act, and quar12 terly thereafter, the Secretary of the department in which 

13 the Coast Guard is operating shall submit to the Com14 mittee on Transportation and Infrastructure of the House 

15 of Representatives and the Committee on Commerce, 

16 Science, and Transportation of the Senate a report de17 scribing— 

18 (1) the degree to which Coast Guard personnel 

19 and equipment are deployed to St. Paul Island, 

20 Alaska, in actual occupancy of the facilities, as re21 quired under section 524 of the Pribilof Island 

22 Transition Completion Act of 2016 (Public Law 

23 114–120); and 

24 (2) the status of the activities described in sub25 sections (c) and (d) until such activities have been 

26 completed. 


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

2 (1) enter into a lease for a hangar to house de3 ployed Coast Guard aircraft if such hanger was pre4 viously under lease by the Coast Guard for purposes 

5 of housing such aircraft; and 

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

7 of such a hanger in which the Secretary may carry 

8 out repairs necessary to support the deployment of 

9 such aircraft and the cost such repairs may be offset 

10 under the terms of the lease. 

11 (d) FUEL TANK.— 

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

13 after the date of enactment of this Act, the Sec14 retary shall determine whether the fuel tank located 

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

16 Coast Guard is needed for Coast Guard operations. 

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

18 the Secretary determines such tank is not needed for 

19 operations, the Secretary shall, not later than 90 

20 days after making such determination, transfer such 

21 tank to the Alaska Native Village Corporation for 

22 St. Paul Island, Alaska. 

23 (3) FAIR MARKET VALUE EXCEPTION.—The 

24 Secretary may only carry out a transfer under para25 graph (2) if the fair market value of such tank is 


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1 less than the aggregate value of any lease payments 

2 for the property on which the tank is located that 

3 the Coast Guard would have paid to the Alaska Na4 tive Village Corporation for St. Paul Island, Alaska, 

5 had such lease been extended at the same rate. 

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

7 be construed to limit any rights of the Alaska Native Vil8 lage Corporation for St. Paul to receive conveyance of all 

9 or part of the lands and improvements related to Tract 

10 43 under the same terms and conditions as prescribed in 

11 section 524 of the Pribilof Island Transition Completion 

12 Act of 2016 (Public Law 114–120). 

13 SEC. 219. NOTIFICATION OF COMMUNICATION OUTAGES. 

14 Not later than 180 days after the date of enactment 

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

16 submit to the Committee on Transportation and Infra17 structure of the House of Representatives and the Com18 mittee on Commerce, Science, and Transportation of the 

19 Senate a report that— 

20 (1) contains a plan for the Coast Guard to no21 tify mariners of radio outages for towers owned and 

22 operated by the Coast Guard in District 17; 

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

24 in District 17 will— 


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1 (A) disseminate outage updates regarding 

2 outages on social media at least every 48 hours; 

3 (B) provide updates on a publicly acces4 sible website at least every 48 hours; 

5 (C) develop methods for notifying mariners 

6 where cellular connectivity does not exist; 

7 (D) generate receipt confirmation and ac8 knowledgment of outages from mariners; and 

9 (E) develop and advertise a web-based 

10 communications update hub on AM/FM radio 

11 for mariners; and 

12 (3) identifies technology gaps necessary to im13 plement the plan and provide a budgetary assess14 ment necessary to implement the plan. 

15 TITLE III—MARITIME 

16 Subtitle A—Shipping 

17 SEC. 301. NONOPERATING INDIVIDUAL. 

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

19 National Defense Authorization Act for Fiscal Year 2021 

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

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

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

23 SEC. 302. OCEANOGRAPHIC RESEARCH VESSELS. 

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

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


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1 Transportation, in consultation with the Secretary of the 

2 department in which the Coast Guard is operating, shall 

3 submit to the Committee on Transportation and Infra4 structure of the House of Representatives and the Com5 mittee on Commerce, Science, and Transportation of the 

6 Senate a report detailing the total number of vessels 

7 known or estimated to operate or to have operated under 

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

9 of the past 10 fiscal years. 

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

11 (a) shall include the following elements: 

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

13 known or estimated to operate or to have operated 

14 as oceanographic research vessels (as such term is 

15 defined in section 2101 of title 46, United States 

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

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

18 vessels known or estimated to operate or to have op19 erated as oceanographic research vessels (as such 

20 term is defined section 2101 of title 46, United 

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

22 SEC. 303. ATLANTIC COAST PORT ACCESS ROUTES BRIEF23 ING. 

24 Not later than 30 days after the date of enactment 

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1 ments of section 70003 of title 46, United States Code, 

2 are fully executed with respect to the Atlantic Coast Port 

3 Access Route, the Secretary of the department in which 

4 the Coast Guard is operating shall brief the Committee 

5 on Transportation and Infrastructure of the House of 

6 Representatives and the Committee on Commerce, 

7 Science, and Transportation of the Senate on any progress 

8 made to execute such requirements. 

9 Subtitle B—Vessel Safety 

10 SEC. 304. FISHING VESSEL SAFETY. 

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

12 States Code, is amended— 

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

14 vessels described in subsection (b) if requested by 

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

16 described in subsection (b) if— 

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

18 ‘‘(B) the vessel is— 

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

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

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

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

23 provided in section 4503a, subsection (a)’’ and in24 serting ‘‘Subsection (a)’’; and 

25 (3) by repealing section 4503a. 


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1 (b) ALTERNATIVE SAFETY COMPLIANCE AGREE2 MENTS.—Nothing in this section or the amendments made 

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

4 alternative compliance and safety agreement entered into 

5 by the Coast Guard that is in effect on the date of enact6 ment of this Act. 

7 (c) CONFORMING AMENDMENTS.—The table of sec8 tions in chapter 45 of title 46, United States Code, is 

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

10 SEC. 305. REQUIREMENTS FOR DUKW-TYPE AMPHIBIOUS 

11 PASSENGER VESSELS. 

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

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

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

15 amphibious passenger vessels operating in waters subject 

16 to the jurisdiction of the United States, as defined in sec17 tion 2.38 of title 33, Code of Federal Regulations (as in 

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

19 (b) DEADLINE FOR COMPLIANCE.—The regulations 

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

21 24 months after the date of enactment of this Act. 

22 (c) REQUIREMENTS.—The regulations required 

23 under subsection (a) shall include the following: 

24 (1) A requirement that operators of DUKW25 type amphibious passenger vessels provide reserve 


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1 buoyancy for such vessels through passive means, in2 cluding watertight compartmentalization, built-in flo3 tation, or such other means as determined appro4 priate by the Commandant, in order to ensure that 

5 such vessels remain afloat and upright in the event 

6 of flooding, including when carrying a full com7 plement of passengers and crew. 

8 (2) A requirement that an operator of a 

9 DUKW-type amphibious passenger vessel— 

10 (A) review and notate the forecast of the 

11 National Weather Service of the National Oce12 anic and Atmospheric Administration in the 

13 logbook of the vessel before getting underway 

14 and periodically while underway; 

15 (B) proceed to the nearest harbor or safe 

16 refuge in any case in which a watch or warning 

17 is issued for wind speeds exceeding the wind 

18 speed equivalent used to certify the stability of 

19 such DUKW-type amphibious passenger vessel; 

20 and 

21 (C) maintain and monitor a weather mon22 itor radio receiver at the operator station of the 

23 vessel that is automatically activated by the 

24 warning alarm device of the National Weather 

25 Service. 


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1 (3) A requirement that— 

2 (A) operators of DUKW-type amphibious 

3 passenger vessels inform passengers that seat 

4 belts may not be worn during waterborne oper5 ations; 

6 (B) before the commencement of water7 borne operations, a crew member shall visually 

8 check that the seatbelt of each passenger is un9 buckled; and 

10 (C) operators or crew maintain a log re11 cording the actions described in subparagraphs 

12 (A) and (B). 

13 (4) A requirement for annual training for oper14 ators and crew of DUKW-type amphibious pas15 sengers vessels, including— 

16 (A) training for personal flotation and seat 

17 belt requirements, verifying the integrity of the 

18 vessel at the onset of each waterborne depar19 ture, identification of weather hazards, and use 

20 of National Weather Service resources prior to 

21 operation; and 

22 (B) training for crew to respond to emer23 gency situations, including flooding, engine 

24 compartment fires, man-overboard situations, 

25 and in water emergency egress procedures. 


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1 (d) CONSIDERATION.—In issuing the regulations re2 quired under subsection (a), the Commandant shall con3 sider whether personal flotation devices should be required 

4 for the duration of the waterborne transit of a DUKW5 type amphibious passenger vessel. 

6 (e) INTERIM REQUIREMENTS.—Beginning on the 

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

8 issued, the Commandant shall require that operators of 

9 DUKW-type amphibious passenger vessels that are not in 

10 compliance with such regulations shall be subject to the 

11 following requirements: 

12 (1) Remove the canopies and any window cov13 erings of such vessels for waterborne operations, or 

14 install in such vessels a canopy that does not restrict 

15 horizontal or vertical escape by passengers in the 

16 event of flooding or sinking. 

17 (2) If a canopy and window coverings are re18 moved from any such vessel pursuant to paragraph 

19 (1), require that all passengers wear a personal flo20 tation device approved by the Coast Guard before 

21 the onset of waterborne operations of such vessel. 

22 (3) Reengineer such vessels to permanently 

23 close all unnecessary access plugs and reduce all 

24 through-hull penetrations to the minimum number 

25 and size necessary for operation. 


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1 (4) Install in such vessels independently pow2 ered electric bilge pumps that are capable of 

3 dewatering such vessels at the volume of the largest 

4 remaining penetration in order to supplement an op5 erable Higgins pump or a dewatering pump of equiv6 alent or greater capacity. 

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

8 independently powered bilge alarms. 

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

10 vessel after each time a through-hull penetration of 

11 such vessel has been removed or uncovered. 

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

13 watertight integrity of any such vessel at the outset 

14 of each waterborne departure of such vessel. 

15 (8) Install underwater LED lights that activate 

16 automatically in an emergency. 

17 (9) Otherwise comply with any other provisions 

18 of relevant Coast Guard guidance or instructions in 

19 the inspection, configuration, and operation of such 

20 vessels. 

21 SEC. 306. EXONERATION AND LIMITATION OF LIABILITY 

22 FOR SMALL PASSENGERS VESSELS. 

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

24 United States Code, is amended— 


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1 (1) by inserting the following before section 

2 30501 the following: 

3 ‘‘Subchapter I—General Provisions’’; 

4 (2) by inserting the following before section 

5 30503: 

6 ‘‘Subchapter II—Exoneration and Limitation 

7 of Liability’’; 

8 and 

9 (3) by redesignating sections 30503 through 

10 30512 as sections 30521 through 30530, respec11 tively. 

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

13 States Code, is amended to read as follows: 

14 ‘‘§ 30501. Definitions 

15 ‘‘In this chapter: 

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

17 The term ‘covered small passenger vessel’— 

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

19 defined in section 2101 that is— 

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

21 ‘‘(ii) carrying— 

22 ‘‘(I) not more than 49 passengers 

23 on an overnight domestic voyage; and 


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1 ‘‘(II) not more than 150 pas2 sengers on any voyage that is not an 

3 overnight domestic voyage; and 

4 ‘‘(B) includes any wooden vessel con5 structed prior to March 11, 1996, carrying at 

6 least 1 passenger for hire. 

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

8 charterer that mans, supplies, and navigates a vessel 

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

10 own procurement.’’. 

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

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

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

‘‘30501. Definitions.’’. 

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

15 United States Code, is amended by inserting ‘‘as to cov16 ered small passenger vessels, and’’ before ‘‘as otherwise 

17 provided’’. 

18 (e) PROVISIONS REQUIRING NOTICE OF CLAIM OR

19 LIMITING TIME FOR BRINGING ACTION.—Section 30526 

20 of title 46, United States Code, as redesignated by sub21 section (a), is amended— 

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

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

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

25 and inserting ‘‘2 years’’; and 


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

2 and inserting ‘‘2 years’’. 

3 (f) TABLES OF SUBCHAPTERS AND TABLES OF SEC4 TIONS.—The table of sections for chapter 305 of title 46, 

5 United States Code, is amended— 

6 (1) by inserting before section 30501 the fol7 lowing: 

‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; 

8 (2) by inserting after section 30502 the fol9 lowing: 

‘‘SUBCHAPTER II—EXONERATION AND LIMITATION OF LIABILITY’’; 

10 and 

11 (3) by redesignating the items relating to sec12 tions 30503 through 30512 as items relating to sec13 tions 30521 through 30530, respectively. 

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

15 States Code, is further amended— 

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

17 30506’’ and inserting ‘‘section 30524’’; 

18 (2) in section 30523(a), as redesignated by sub19 section (a), by striking ‘‘section 30506’’ and insert20 ing ‘‘section 30524’’; 

21 (3) in section 30524(b), as redesignated by sub22 section (a), by striking ‘‘section 30505’’ and insert23 ing ‘‘section 30523’’; and 


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1 (4) in section 30525, as redesignated by sub2 section (a)— 

3 (A) in the matter preceding paragraph (1), 

4 by striking ‘‘sections 30505 and 30506’’ and in5 serting ‘‘sections 30523 and 30524’’; 

6 (B) in paragraph (1) by striking ‘‘section 

7 30505’’ and inserting ‘‘section 30523’’; and 

8 (C) in paragraph (2) by striking ‘‘section 

9 30506(b)’’ and inserting ‘‘section 30524(b)’’. 

10 SEC. 307. AUTOMATIC IDENTIFICATION SYSTEM REQUIRE11 MENTS. 

12 (a) REQUIREMENT FOR FISHING VESSELS TO HAVE

13 AUTOMATIC IDENTIFICATION SYSTEMS.—Section 

14 70114(a)(1) of title 46, United States Code, is amended— 

15 (1) by striking ‘‘, while operating on the navi16 gable waters of the United States,’’; 

17 (2) by redesignating subparagraphs (A) through 

18 (D) as clauses (i) through (iv); 

19 (3) by inserting before clauses (i) through (iv), 

20 as redesignated by paragraph (2), the following: 

21 ‘‘(A) While operating on the navigable waters of 

22 the United States:’’; and 

23 (4) by adding at the end the following: 

24 ‘‘(B) A vessel of the United States that is more 

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1 ing, fish processing, or fish tendering operations on 

2 the navigable waters of the United States or in the 

3 United States exclusive economic zone.’’. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to the Secretary of Com6 merce for fiscal year 2022, $5,000,000, to remain avail7 able until expended, to purchase automatic identification 

8 systems for fishing vessels, fish processing vessels, fish 

9 tender vessels more than 50 feet in length, as described 

10 under this section and the amendments made by this sec11 tion. 

12 Subtitle C—Shipbuilding Program 

13 SEC. 308. QUALIFIED VESSEL. 

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

15 United States Code, is amended— 

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

17 at the end; 

18 (2) in subparagraph (B)(v) by striking the pe19 riod at the end and inserting a semicolon; and 

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

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

22 section 2101; and 

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

24 vessel, as such terms are defined in section 


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1 2101, that has a passenger capacity of 50 pas2 sengers or greater.’’. 

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

4 46, United States Code, is amended— 

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

6 at the end; 

7 (2) in subparagraph (B)(v) by striking the pe8 riod at the end and inserting a semicolon; and 

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

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

11 section 2101; and 

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

13 vessel, as such terms are defined in section 

14 2101, that has a passenger capacity of 50 pas15 sengers or greater.’’. 

16 SEC. 309. ESTABLISHING A CAPITAL CONSTRUCTION FUND. 

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

18 amended by inserting ‘‘(including transportation on a 

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

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

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

22 transportation’’. 


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1 TITLE IV—FEDERAL MARITIME 

2 COMMISSION 

3 SEC. 401. SHORT TITLE. 

4 This title may be cited as the ‘‘Ocean Shipping Re5 form Act of 2022’’. 

6 SEC. 402. PURPOSES. 

7 Section 40101 of title 46, United States Code, is 

8 amended by striking paragraphs (2) through (4) and in9 serting the following: 

10 ‘‘(2) ensure an efficient and competitive trans11 portation system for the common carriage of goods 

12 by water in the foreign commerce of the United 

13 States that is, as far as possible, in harmony with 

14 fair and equitable international shipping practices; 

15 ‘‘(3) encourage the development of a competi16 tive and efficient liner fleet of vessels of the United 

17 States capable of meeting national security and com18 merce needs of the United States; 

19 ‘‘(4) support the growth and development of 

20 United States exports through a competitive and ef21 ficient system for the common carriage of goods by 

22 water in the foreign commerce of the United States 

23 and by placing a greater reliance on the market24 place; and 


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1 ‘‘(5) promote reciprocal trade in the common 

2 carriage of goods by water in the foreign commerce 

3 of the United States.’’. 

4 SEC. 403. SERVICE CONTRACTS. 

5 Section 40502 of title 46, United States Code, is 

6 amended— 

7 (1) in subsection (c)— 

8 (A) in paragraph (7) by striking ‘‘; and’’ 

9 and inserting a semicolon; 

10 (B) in paragraph (8) by striking the period 

11 and inserting ‘‘; and’’; and 

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

13 ‘‘(9) any other essential terms or minimum con14 tract requirements that the Federal Maritime Com15 mission determines necessary or appropriate.’’; and 

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

17 ‘‘(g) SERVICE CONTRACT REQUIREMENT.—With re18 spect to service contracts entered into under this section, 

19 a common carrier shall establish, observe, and enforce just 

20 and reasonable regulations and practices relating to essen21 tial terms and minimum contract requirements the Com22 mission determines are necessary or appropriate under 

23 subsection (c)(9).’’. 


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1 SEC. 404. SHIPPING EXCHANGE REGISTRY. 

2 (a) IN GENERAL.—Chapter 405 of title 46, United 

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

5 ‘‘§ 40504. Shipping exchange registry 

6 ‘‘(a) IN GENERAL.—No person may operate a ship7 ping exchange involving ocean transportation in the for8 eign commerce of the United States unless the shipping 

9 exchange is registered as a national shipping exchange 

10 under the terms and conditions provided in this section 

11 and the regulations issued pursuant to this section. 

12 ‘‘(b) REGISTRATION.—A person shall register a ship13 ping exchange by filing with the Federal Maritime Com14 mission an application for registration in such form as the 

15 Commission, by rule, may prescribe containing the rules 

16 of the exchange and such other information and docu17 ments as the Commission, by rule, may prescribe as nec18 essary or appropriate in the public interest. 

19 ‘‘(c) EXEMPTION.—The Commission may exempt, 

20 conditionally or unconditionally, a shipping exchange from 

21 registration and licensing under this section if the Com22 mission finds that the shipping exchange is subject to com23 parable, comprehensive supervision and regulation by the 

24 appropriate governmental authorities in the home country 

25 of the shipping exchange. 


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1 ‘‘(d) REGULATIONS.—In issuing regulations pursu2 ant to subsection (a), the Commission shall set standards 

3 necessary to carry out subtitle IV for registered national 

4 shipping exchanges, including the minimum requirements 

5 for service contracts established under section 40502, and 

6 issue licenses for registered national shipping exchanges. 

7 ‘‘(e) DEFINITION.—In this subsection, the term ‘ship8 ping exchange’ means a platform, digital, over-the-counter 

9 or otherwise, which connects shippers with common car10 riers (both vessel-operating and non-vessel-operating) for 

11 the purpose of entering into underlying agreements or con12 tracts for the transport of cargo, by vessel or other modes 

13 of transportation.’’. 

14 (b) APPLICABILITY.—The registration requirement 

15 under section 40504 of title 46, United States Code (as 

16 added by this section), shall take effect on the date on 

17 which the Federal Maritime Commission issues regula18 tions required under subsection (d) of such section. 

19 (c) CLERICAL AMENDMENT.—The analysis for chap20 ter 405 of title 46, United States Code, is amended by 

21 adding at the end the following: 

‘‘40504. Shipping exchange registry.’’. 

22 SEC. 405. DATA COLLECTION. 

23 (a) IN GENERAL.—Chapter 411 of title 46, United 

24 States Code, is amended by adding at the end the fol25 lowing: 


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1 ‘‘§ 41110. Data collection 

2 ‘‘(a) IN GENERAL.—Common carriers covered under 

3 this chapter shall submit to the Federal Maritime Com4 mission a calendar quarterly report that describes the 

5 total import and export tonnage and the total loaded and 

6 empty 20-foot equivalent units per vessel (making port in 

7 the United States, including any territory or possession 

8 of the United States) operated by such common carrier. 

9 ‘‘(b) PROHIBITION ON DUPLICATION.—Data required 

10 to be reported under subsection (a) may not duplicate in11 formation— 

12 ‘‘(1) submitted to the Corps of Engineers pur13 suant to section 11 of the Act entitled ‘An Act au14 thorizing the construction, repair, and preservation 

15 of certain public works on rivers and harbors, and 

16 for other purposes’, approved September 22, 1922 

17 (33 U.S.C. 555), by an ocean common carrier acting 

18 as a vessel operator; or 

19 ‘‘(2) submitted pursuant to section 481 of the 

20 Tariff Act of 1930 (19 U.S.C. 1481) to U.S. Cus21 toms and Border Protection by merchandise import22 ers.’’. 

23 (b) CLERICAL AMENDMENT.—The analysis for chap24 ter 411 of title 46, United States Code, is amended by 

25 adding at the end the following: 

‘‘41110. Data collection.’’. 


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1 SEC. 406. NATIONAL SHIPPER ADVISORY COMMITTEE. 

2 (a) NATIONAL SHIPPER ADVISORY COMMITTEE.— 

3 Section 42502(c)(3) of title 46, United States Code, is 

4 amended by inserting ‘‘, including customs brokers or 

5 freight forwarders’’ after ‘‘ocean common carriers’’ each 

6 place such term occurs. 

7 (b) ANALYSIS.—The analysis for chapter 425 of title 

8 46, United States Code, is amended by inserting before 

9 the item relating to section 42501 the following: 

‘‘Sec.’’. 

10 SEC. 407. ANNUAL REPORT AND PUBLIC DISCLOSURES. 

11 (a) REPORT ON FOREIGN LAWS AND PRACTICES.— 

12 Section 46106(b) of title 46, United States Code, is 

13 amended— 

14 (1) in paragraph (5) by striking ‘‘and’’ at the 

15 end; 

16 (2) in paragraph (6)— 

17 (A) by striking ‘‘under this part’’ and in18 serting ‘‘under chapter 403’’; and 

19 (B) by striking the period and inserting a 

20 semicolon; and 

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

22 ‘‘(7) an identification of any anticompetitive or 

23 nonreciprocal trade practices by ocean common car24 riers; 


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1 ‘‘(8) an analysis of any trade imbalance result2 ing from the business practices of ocean common 

3 carriers, including an analysis of the data collected 

4 under section 41110; and 

5 ‘‘(9) an identification of any otherwise con6 cerning practices by ocean common carriers, particu7 larly such carriers that are— 

8 ‘‘(A) State-owned or State-controlled enter9 prises; or 

10 ‘‘(B) owned or controlled by, is a sub11 sidiary of, or is otherwise related legally or fi12 nancially (other than a minority relationship or 

13 investment) to a corporation based in a coun14 try— 

15 ‘‘(i) identified as a nonmarket econ16 omy country (as defined in section 771(18) 

17 of the Tariff Act of ( U.S.C. 1677(18))) as 

18 of the date of enactment of this paragraph; 

19 ‘‘(ii) identified by the United States 

20 Trade Representative in the most recent 

21 report required by section 182 of the 

22 Trade Act of 1974 (19 U.S.C. 2242) as a 

23 priority foreign country under subsection 

24 (a)(2) of that section; or 


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1 ‘‘(iii) subject to monitoring by the 

2 Trade Representative under section 306 of 

3 the Trade Act of 1974 (19 U.S.C. 2416).’’. 

4 (b) PUBLIC DISCLOSURE.— 

5 (1) IN GENERAL.—Section 46106 of title 46, 

6 United States Code, is amended by adding at the 

7 end the following: 

8 ‘‘(d) PUBLIC DISCLOSURES.—The Federal Maritime 

9 Commission shall publish, and annually update, on the 

10 website of the Commission— 

11 ‘‘(1) all findings by the Commission of false 

12 certifications by common carriers or marine terminal 

13 operators under section 41104(a)(15); and 

14 ‘‘(2) all penalties imposed or assessed against 

15 common carriers or marine terminal operators, as 

16 applicable, under sections 41107, 41108, and 41109, 

17 listed by each common carrier or marine terminal 

18 operator.’’. 

19 (2) CONFORMING AND CLERICAL AMEND20 MENTS.— 

21 (A) CONFORMING AMENDMENT.—The 

22 heading for section 46106 of title 46, United 

23 States Code, is amended by inserting ‘‘and 

24 public disclosure’’ after ‘‘report’’. 


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1 (B) CLERICAL AMENDMENT.—The analysis 

2 for chapter 461 of title 46, United States Code, 

3 is amended by striking the item related to sec4 tion 46106 and inserting the following: 

‘‘46106. Annual report and public disclosure.’’. 

5 SEC. 408. GENERAL PROHIBITIONS. 

6 Section 41102 of title 46, United States Code, is 

7 amended by adding by adding at the end the following: 

8 ‘‘(d) PROHIBITION ON RETALIATION.—A common 

9 carrier, marine terminal operator, or ocean transportation 

10 intermediary, either alone or in conjunction with any other 

11 person, directly or indirectly, may not retaliate against a 

12 shipper, a shipper’s agent, or a motor carrier by refusing, 

13 or threatening to refuse, cargo space accommodations 

14 when available, or resort to other unfair or unjustly dis15 criminatory methods because the shipper has patronized 

16 another carrier, has filed a complaint, or for any other 

17 reason. 

18 ‘‘(e) CERTIFICATION.—A common carrier or marine 

19 terminal operator shall not charge any other person de20 murrage or detention charges under a tariff, marine ter21 minal schedule, service contract, or any other contractual 

22 obligation unless accompanied by an accurate certification 

23 that such charges comply with all rules and regulations 

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1 tity that establishes the charge, and a common carrier or 

2 marine terminal operator that collects a charge on behalf 

3 of another common carrier or marine terminal operator 

4 is not responsible for providing the certification, except 

5 that an invoice from a common carrier or marine terminal 

6 operator collecting a charge on behalf of another must in7 clude a certification from the party that established the 

8 charge.’’. 

9 SEC. 409. PROHIBITION ON UNREASONABLY DECLINING 

10 CARGO. 

11 (a) UNREASONABLY DECLINING CARGO.—Section 

12 41104 of title 46, United States Code, is amended in sub13 section (a)— 

14 (1) by striking paragraph (3) and inserting the 

15 following: 

16 ‘‘(3) engage in practices that unreasonably re17 duce shipper accessibility to equipment necessary for 

18 the loading or unloading of cargo;’’; 

19 (2) in paragraph (12) by striking ‘‘; or’’ and in20 serting a semicolon; 

21 (3) in paragraph (13) by striking the period 

22 and inserting a semicolon; and 

23 (4) by adding at the end the following: 

24 ‘‘(14) fail to furnish or cause a contractor to 

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1 strumentalities needed to perform transportation 

2 services, including allocation of vessel space accom3 modations, in consideration of reasonably foreseeable 

4 import and export demands; or 

5 ‘‘(15) unreasonably decline export cargo book6 ings if such cargo can be loaded safely and timely, 

7 as determined by the Commandant of the Coast 

8 Guard, and carried on a vessel scheduled for the im9 mediate destination of such cargo.’’. 

10 (b) RULEMAKING ON UNREASONABLY DECLINING

11 CARGO.— 

12 (1) IN GENERAL.—Not later than 90 days after 

13 the date of enactment of this Act, the Commission 

14 shall initiate a rulemaking proceeding to define the 

15 term ‘‘unreasonably decline’’ for the purposes of 

16 subsection (a)(15) of section 41104 of title 46, 

17 United States Code (as added by subsection (a)). 

18 (2) CONTENTS.—The rulemaking under para19 graph (1) shall address the unreasonableness of 

20 ocean common carriers prioritizing the shipment of 

21 empty containers while excluding, limiting, or other22 wise reducing the shipment of full, loaded containers 

23 when such containers are readily available to be 

24 shipped and the appurtenant vessel has the weight 


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1 and space capacity available to carry such containers 

2 if loaded in a safe and timely manner. 

3 SEC. 410. DETENTION AND DEMURRAGE. 

4 (a) IN GENERAL.—Section 41104 of title 46, United 

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

6 following: 

7 ‘‘(d) CERTIFICATION.—Failure of a common carrier 

8 to include a certification under section 41102(e) alongside 

9 any demurrage or detention charge shall eliminate any ob10 ligation of the charged party to pay the applicable charge. 

11 ‘‘(e) DEMURRAGE AND DETENTION PRACTICES AND

12 CHARGES.—Notwithstanding any other provision of law 

13 and not later than 30 days of the date of enactment of 

14 this subsection, a common carrier or marine terminal op15 erator, shall— 

16 ‘‘(1) act in a manner consistent with any rules 

17 or regulations concerning demurrage or detention 

18 issued by the Commission; 

19 ‘‘(2) maintain all records supporting the assess20 ment of any demurrage or detention charges for a 

21 period of 5 years and provide such records to the 

22 invoiced party or to the Commission on request; and 

23 ‘‘(3) bear the burden of establishing the reason24 ableness of any demurrage or detention charges 

25 which are the subject of any complaint proceeding 


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1 challenging a common carrier or marine terminal op2 erator demurrage or detention charges as unjust and 

3 unreasonable. 

4 ‘‘(f) PENALTIES FOR FALSE OR INACCURATE CER5 TIFIED DEMURRAGE OR DETENTION CHARGES.—In the 

6 event of a finding that the certification under section 

7 41102(e) was inaccurate, or false after submission under 

8 section 41301, penalties under section 41107 shall be ap9 plied if the Commission determines, in a separate enforce10 ment proceeding, such certification was inaccurate or 

11 false.’’. 

12 (b) RULEMAKING ON DETENTION AND DEMUR13 RAGE.— 

14 (1) IN GENERAL.—Not later than 120 days 

15 after the date of enactment of this Act, the Federal 

16 Maritime Commission shall initiate a rulemaking 

17 proceeding to establish rules prohibiting common 

18 carriers and marine terminal operators from adopt19 ing and applying unjust and unreasonable demur20 rage and detention rules and practices. 

21 (2) CONTENTS.—The rulemaking under para22 graph (1) shall address the issues identified in the 

23 final rule published on May 18, 2020, titled ‘‘Inter24 pretive Rule on Demurrage and Detention Under 


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1 the Shipping Act’’ (85 Fed. Reg. 29638), including 

2 the following: 

3 (A) Establishing clear and uniform defini4 tions for demurrage, detention, cargo avail5 ability for retrieval and associated free time, 

6 and other terminology used in the rule, includ7 ing establishing a definition for cargo avail8 ability for retrieval that accounts for govern9 ment inspections. 

10 (B) Establishing that demurrage and de11 tention rules are not independent revenue 

12 sources but incentivize efficiencies in the ocean 

13 transportation network, including the retrieval 

14 of cargo and return of equipment. 

15 (C) Prohibiting the consumption of free 

16 time or collection of demurrage and detention 

17 charges when obstacles to the cargo retrieval or 

18 return of equipment are within the scope of re19 sponsibility of the carrier or their agent and be20 yond the control of the invoiced or contracting 

21 party. 

22 (D) Prohibiting the commencement or con23 tinuation of free time unless cargo is available 

24 for retrieval and timely notice of cargo avail25 ability has been provided. 


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1 (E) Prohibiting the consumption of free 

2 time or collection of demurrage charges when 

3 marine terminal appointments are not available 

4 during the free time period. 

5 (F) Prohibiting the consumption of free 

6 time or collection of detention charges on con7 tainers when the marine terminal required for 

8 return is not open or available. 

9 (G) Requiring common carriers to provide 

10 timely notice of— 

11 (i) cargo availability after vessel dis12 charge; 

13 (ii) container return locations; and 

14 (iii) advance notice for container early 

15 return dates. 

16 (H) Establishing minimum billing require17 ments, including timeliness and supporting in18 formation that shall be included in or with in19 voices for demurrage and detention charges 

20 that will allow the invoiced party to validate the 

21 charges. 

22 (I) Requiring common carriers and marine 

23 terminal operators to establish reasonable dis24 pute resolution policies and practices. 


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1 (J) Establishing the responsibilities of 

2 shippers, receivers, and draymen with respect to 

3 cargo retrieval and equipment return. 

4 (K) Clarifying rules for the invoicing of 

5 parties other than the shipper for any demur6 rage, detention, or other similar per container 

7 charges, including determining whether such 

8 parties should be billed at all. 

9 (c) RULEMAKING ON MINIMUM SERVICE STAND10 ARDS.—Not later than 90 days after the date of enact11 ment of this Act, the Commission shall initiate a rule12 making proceeding to incorporate subsections (d) through 

13 (f) of 41104 of title 46, United States Code, (as added 

14 by section 410) which shall include the following: 

15 (1) The obligation to adopt reasonable rules 

16 and practices related to or connected with the fur17 nishing and allocation of adequate and suitable 

18 equipment, vessel space accommodations, containers, 

19 and other instrumentalities necessary for the receiv20 ing, loading, carriage, unloading and delivery of 

21 cargo. 

22 (2) The duty to perform the contract of car23 riage with reasonable dispatch. 

24 (3) The requirement to carry United States ex25 port cargo if such cargo can be loaded safely and 


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1 timely, as determined by the Commandant of the 

2 Coast Guard, and carried on a vessel scheduled for 

3 such cargo’s immediate destination. 

4 (4) The requirement of ocean common carriers 

5 to establish contingency service plans to address and 

6 mitigate service disruptions and inefficiencies during 

7 periods of port congestion and other market disrup8 tions. 

9 SEC. 411. ASSESSMENT OF PENALTIES. 

10 (a) ASSESSMENT OF PENALTIES.—Section 41109 of 

11 title 46, United States Code, is amended— 

12 (1) in subsection (a)— 

13 (A) by inserting ‘‘or, in addition to or in 

14 lieu of a civil penalty, order the refund of 

15 money’’ after ‘‘this part’’; and 

16 (B) by inserting ‘‘or refund of money’’ 

17 after ‘‘conditions, a civil penalty’’; 

18 (2) in subsection (c) by inserting ‘‘or refund of 

19 money’’ after ‘‘civil penalty’’; 

20 (3) in subsection (e) by inserting ‘‘or order a 

21 refund of money’’ after ‘‘civil penalty’’; and 

22 (4) in subsection (f) by inserting ‘‘or who is or23 dered to refund money’’ after ‘‘civil penalty is as24 sessed’’. 


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1 (b) ADDITIONAL PENALTIES.—Section 41108(a) of 

2 title 46, United States Code, is amended by striking ‘‘sec3 tion 41104(1), (2), or (7)’’ and inserting ‘‘subsections (d) 

4 or (e) of section 41102 or paragraph (1), (2), (7), (14), 

5 or (15) of section 41104(a)’’. 

6 (c) CONFORMING AMENDMENT.—Section 41309 of 

7 title 46, United States Code, is amended— 

8 (1) in subsection (a)— 

9 (A) by inserting ‘‘or refund of money’’ 

10 after ‘‘payment of reparation’’; and 

11 (B) by inserting ‘‘or to whom the refund of 

12 money was ordered’’ after ‘‘award was made’’; 

13 and 

14 (2) in subsection (b) by inserting ‘‘or refund of 

15 money’’ after ‘‘award of reparation’’. 

16 (d) AWARD OF REPARATIONS.—Section 41305(c) of 

17 title 46, United States Code, is amended— 

18 (1) by inserting ‘‘or (c)’’ after ‘‘41102(b)’’; and 

19 (2) by inserting ‘‘, or if the Commission deter20 mines that a violation of section 41102(e) was made 

21 willfully or knowingly’’ after ‘‘of this title’’. 

22 SEC. 412. INVESTIGATIONS. 

23 Section 41302 of title 46, United States Code, is 

24 amended by striking ‘‘or agreement’’ and inserting ‘‘, 

25 agreement, fee, or charge’’. 


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1 SEC. 413. INJUNCTIVE RELIEF. 

2 Section 41307(b) to title 46, United States Code, is 

3 amended— 

4 (1) in paragraph (3)— 

5 (A) in the heading by striking ‘‘AND THIRD

6 PARTIES’’; and 

7 (B) by striking the second sentence; and 

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

9 ‘‘(5) THIRD PARTY INTERVENTION.—The court 

10 may allow a third party to intervene in a civil action 

11 brought under this section.’’. 

12 SEC. 414. TECHNICAL AMENDMENTS. 

13 (a) FEDERAL MARITIME COMMISSION.—The analysis 

14 for chapter 461 of title 46, United States Code, is amend15 ed by striking the first item relating to chapter 461. 

16 (b) ASSESSMENT OF PENALTIES.—Section 41109(c) 

17 of title 46, United States Code, is amended by striking 

18 ‘‘section 41104(1) or (2)’’ and inserting ‘‘paragraph (1) 

19 or (2) of section 41104(a)’’. 

20 (c) NATIONAL SHIPPER ADVISORY COMMITTEE.— 

21 Section 42502(c)(3) of title 46, United States Code is 

22 amended by striking ‘‘REPRESENTATION’’ and all that fol23 lows through ‘‘Members’’ and inserting ‘‘REPRESENTA24 TION.—Members’’. 


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1 SEC. 415. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 46108 of title 46, United States Code, is 

3 amended by striking ‘‘$29,086,888 for fiscal year 2020 

4 and $29,639,538 for fiscal year 2021’’ and inserting 

5 ‘‘$32,603,492 for fiscal year 2022 and $35,863,842 for 

6 fiscal year 2023’’. 

7 SEC. 416. NAS STUDY ON SUPPLY CHAIN INDUSTRY. 

8 (a) IN GENERAL.—Not later than 60 days after the 

9 date of enactment of this Act, the Secretary of Transpor10 tation shall seek to enter into an agreement with the Na11 tional Academy of Sciences under which the National 

12 Academy shall conduct a study on the United States sup13 ply chain that examines data constraints that impede the 

14 flow of maritime cargo and add to supply chain inefficien15 cies and that identifies data sharing systems that can be 

16 employed to improve the functioning of the United States 

17 supply chain. 

18 (b) CONTENTS.—The study required under sub19 section (a) shall include— 

20 (1) the identification of where bottlenecks or 

21 chokepoints are most prominent within the United 

22 States supply chain; 

23 (2) the identification of what common shipping 

24 data is created with each hand-off of a container 

25 through the United States supply chain and how 

26 such data is stored and shared; 


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1 (3) the identification of critical data elements 

2 used by any entity covered by subsection (c), includ3 ing the key elements used for various supply chain 

4 business processes; 

5 (4) a review of the methodology used to store, 

6 access, and disseminate shipping data across the 

7 United States supply chain and evaluation of the in8 efficiencies in such methodology; 

9 (5) an analysis of existing and potential impedi10 ments to the free flow of information among entities 

11 covered by subsection (c), including— 

12 (A) identification of barriers that prevent 

13 carriers, terminals, and shippers from having 

14 access to commercial data; and 

15 (B) any inconsistencies in— 

16 (i) terminology used across data ele17 ments connected to the shipment, arrival, 

18 and unloading of a shipping container; and 

19 (ii) the classification systems used 

20 across the United States supply chain, in21 cluding inconsistencies in the names of en22 tities covered by subsection (c), geo23 graphical names, and terminology; 

24 (6) the identification of information to be in25 cluded in an improved data sharing system designed 


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1 to plan, execute, and monitor the optimal loading 

2 and unloading of maritime cargo; and 

3 (7) the identification of existing software and 

4 data sharing platforms available to facilitate propa5 gation of information to all agents involved in the 

6 loading and unloading of maritime cargo and evalu7 ate the effectiveness of such software and platforms 

8 if implemented. 

9 (c) COLLECTION OF INFORMATION.—In conducting 

10 the study required under subsection (a), the National 

11 Academy of Sciences shall collect information from— 

12 (1) vessel operating common carriers and non13 vessel operating common carriers; 

14 (2) marine terminal operators; 

15 (3) commercial motor vehicle operators; 

16 (4) railroad carriers; 

17 (5) chassis providers; 

18 (6) ocean transportation intermediaries; 

19 (7) custom brokers; 

20 (8) freight forwarders; 

21 (9) shippers and cargo owners; 

22 (10) the National Shipper Advisory Committee; 

23 (11) relevant government agencies, such as the 

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1 portation Board, and the United States Customs 

2 and Border Protection; 

3 (12) to the extent practicable, representatives of 

4 foreign countries and maritime jurisdictions outside 

5 of the United States; and 

6 (13) any other entity involved in the transpor7 tation of ocean cargo and the unloading of cargo 

8 upon arrival at a port. 

9 (d) FACILITATION OF DATA SHARING.—In carrying 

10 out the study under subsection (a), the National Academy 

11 of Sciences may solicit information from any relevant 

12 agency relating to the United States supply chain. 

13 (e) REPORT.—Not later than 18 months after enter14 ing into an arrangement with the Secretary under sub15 section (a), the National Academy of Sciences shall submit 

16 to the Committee on Transportation and Infrastructure 

17 of the House of Representatives and the Committee on 

18 Commerce, Science, and Transportation of the Senate, 

19 and make available on a publicly accessible website, a re20 port containing— 

21 (1) the study required under subsection (a); 

22 (2) the information collected under subsections 

23 (b) and (c), excluding any personally identifiable in24 formation or sensitive business information; and 

25 (3) any recommendations for— 


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1 (A) common data standards to be used in 

2 the United States supply chain; and 

3 (B) policies and protocols that would 

4 streamline information sharing across the 

5 United States supply chain. 

6 SEC. 417. TEMPORARY EMERGENCY AUTHORITY. 

7 (a) PUBLIC INPUT ON INFORMATION SHARING.— 

8 (1) IN GENERAL.—Not later than 30 days after 

9 the date of enactment of this Act, the Federal Mari10 time Commission shall issue a request for informa11 tion seeking public comment regarding— 

12 (A) whether congestion of the common car13 riage of goods has created an emergency situa14 tion of a magnitude such that there exists a 

15 substantial adverse effect on the competitive16 ness and reliability of the international ocean 

17 transportation supply system; 

18 (B) whether an emergency order described 

19 in subsection (b) would alleviate such an emer20 gency situation; and 

21 (C) the appropriate scope of such an emer22 gency order, if applicable. 

23 (2) CONSULTATION.—During the public com24 ment period under paragraph (1), the Commission 


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1 may consult, as the Commission determines to be 

2 appropriate, with— 

3 (A) other Federal departments and agen4 cies; and 

5 (B) persons with expertise relating to mar6 itime and freight operations. 

7 (b) AUTHORITY TO ISSUE EMERGENCY ORDER RE8 QUIRING INFORMATION SHARING.—On making a unani9 mous determination described in subsection (c), the Com10 mission may issue an emergency order requiring any com11 mon carrier or marine terminal operator to share directly 

12 with relevant shippers, rail carriers, or motor carriers in13 formation relating to cargo throughput and availability, in 

14 order to ensure the efficient transportation, loading, and 

15 unloading of cargo to or from— 

16 (1) any inland destination or point of origin; 

17 (2) any vessel; or 

18 (3) any point on a wharf or terminal. 

19 (c) DESCRIPTION OF DETERMINATION.— 

20 (1) IN GENERAL.—A determination referred to 

21 in subsection (b) is a unanimous determination by 

22 the Commission that congestion of common carriage 

23 of goods has created an emergency situation of a 

24 magnitude such that there exists a substantial ad25 verse effect on the competitiveness and reliability of 


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1 the international ocean transportation supply sys2 tem. 

3 (2) FACTORS FOR CONSIDERATION.—In issuing 

4 an emergency order under subsection (b), the Com5 mission shall ensure that such order includes param6 eters relating to temporal and geographic scope, tak7 ing into consideration the likely burdens on ocean 

8 carriers and marine terminal operators and the like9 ly benefits on congestion relating to the purposes de10 scribed in section 40101 of title 46, United States 

11 Code. 

12 (d) PETITIONS FOR EXCEPTION.— 

13 (1) IN GENERAL.—A common carrier or marine 

14 terminal operator subject to an emergency order 

15 issued under this section may submit to the Com16 mission a petition for exception from 1 or more re17 quirements of the emergency order, based on a 

18 showing of undue hardship or other condition ren19 dering compliance with such a requirement imprac20 tical. 

21 (2) DETERMINATION.—Not later than 21 days 

22 after the date on which a petition for exception 

23 under paragraph (1) is submitted, the Commission 

24 shall determine whether to approve or deny such pe25 tition by majority vote. 


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1 (3) INAPPLICABILITY PENDING REVIEW.—The 

2 requirements of an emergency order that is the sub3 ject of a petition for exception under this subsection 

4 shall not apply to a petitioner during the period for 

5 which the petition is pending. 

6 (e) LIMITATIONS.— 

7 (1) TERM.—An emergency order issued under 

8 this section shall remain in effect for a period of not 

9 longer than 60 days. 

10 (2) RENEWAL.—The Commission may renew an 

11 emergency order issued under this section for an ad12 ditional term by a unanimous determination by the 

13 Commission. 

14 (f) SUNSET.—The authority provided by this section 

15 shall terminate on the date that is 2 years after the date 

16 of enactment of this Act. 

17 (g) DEFINITIONS.—In this section: 

18 (1) COMMON CARRIER.—The term ‘‘common 

19 carrier’’ has the meaning given such term in section 

20 40102 of title 46, United States Code. 

21 (2) MOTOR CARRIER.—The term ‘‘motor car22 rier’’ has the meaning given such term in section 

23 13102 of title 49, United States Code. 


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1 (3) RAIL CARRIER.—The term ‘‘rail carrier’’ 

2 has the meaning given such term in section 10102 

3 of title 49, United States Code. 

4 (4) SHIPPER.—The term ‘‘shipper’’ has the 

5 meaning given such term in section 40102 of title 

6 46, United States Code. 

7 SEC. 418. TERMS AND VACANCIES. 

8 Section 46101(b) of title 46, United States Code, is 

9 amended by— 

10 (1) in paragraph (2)— 

11 (A) by striking ‘‘one year’’ and inserting 

12 ‘‘2 years’’; and 

13 (B) by striking ‘‘2 terms’’ and inserting ‘‘3 

14 terms’’; and 

15 (2) in paragraph (3)— 

16 (A) by striking ‘‘of the individual being 

17 succeeded’’ and inserting ‘‘to which such indi18 vidual is appointed’’; 

19 (B) by striking ‘‘2 terms’’ and inserting ‘‘3 

20 terms’’; and 

21 (C) by striking ‘‘the predecessor of that’’ 

22 and inserting ‘‘such’’. 


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1 TITLE V—MISCELLANEOUS 

2 Subtitle A—Navigation 

3 SEC. 501. RESTRICTION ON CHANGING SALVORS. 

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

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

6 at the end the following: 

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

8 salvors as part of a deviation under subparagraph 

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

10 Coast Guard requirements in accordance with the 

11 National Contingency Plan and the applicable re12 sponse plan required under subsection (j). 

13 ‘‘(D) In any case in which the Coast Guard au14 thorizes a deviation from the salvor as part of a de15 viation under subparagraph (B) from the applicable 

16 response plan required under subsection (j), the 

17 Commandant shall submit to the Committee on 

18 Transportation and Infrastructure of the House of 

19 Representatives and the Committee on Commerce, 

20 Science, and Transportation of the Senate a report 

21 describing the deviation and the reasons for such de22 viation.’’. 


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1 SEC. 502. 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. 503. 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 Don Young Coast Guard Author25 ization Act of 2022, the Task Force shall submit a 


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1 report to Congress recommending legislative, pro2 grammatic, or regulatory changes to eliminate re3 maining gaps in authorities between members of the 

4 Task Force to effectively manage and control the 

5 movement of 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. 504. 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. 505. 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. 506. 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. 507. 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. 508. 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. 509. 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 ‘‘(4) The State.’’; 

2 (2) in subsection (c)(1)— 

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

4 at the end; and 

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

6 and inserting the following: 

7 ‘‘(C) land use planning and development at 

8 Point Spencer in support of the following activi9 ties within the Bearing Sea, the Chukchi Sea, 

10 and the Arctic Ocean: 

11 ‘‘(i) Search and rescue. 

12 ‘‘(ii) Shipping safety. 

13 ‘‘(iii) Economic development. 

14 ‘‘(iv) Oil spill prevention and re15 sponse. 

16 ‘‘(v) National security. 

17 ‘‘(vi) Major marine casualties. 

18 ‘‘(vii) Protection of Alaska Native ar19 chaeological and cultural resources. 

20 ‘‘(viii) Port of refuge, arctic research, 

21 and maritime law enforcement.’’; 

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

23 follows: 

24 ‘‘(3) Facilitate coordination among members of 

25 the Council on the development and use of the land 


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1 and coastline of Point Spencer, as such development 

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

3 of Point Spencer.’’; and 

4 (4) in subsection (e)— 

5 (A) by striking ‘‘Operations and manage6 ment costs’’ and inserting the following: 

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

8 and management costs’’; and 

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

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

11 system in Port Clarence and to assist the Council in 

12 the development of other oil spill prevention and re13 sponse infrastructure, including reactivating the air14 strip at Point Spencer with appropriate technology 

15 and safety equipment in support of response oper16 ations, there is authorized to be made available 

17 $5,000,000 for each of fiscal years 2023 through 

18 2025 from the interest generated from the Oil Spill 

19 Liability Trust Fund.’’. 

20 SEC. 510. WESTERN ALASKA OIL SPILL PLANNING CRI21 TERIA. 

22 (a) WESTERN ALASKA OIL SPILL PLANNING CRI23 TERIA.—Section 311(j)(5) of the Federal Water Pollution 

24 Control Act (33 U.S.C. 1321(j)(5)) is amended by adding 

25 at the end the following: 


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1 ‘‘(J)(i) Except as provided in clause (iv) 

2 (including with respect to Cook Inlet), in any 

3 case in which the Secretary has determined that 

4 the national planning criteria established pursu5 ant to this subsection are inappropriate for a 

6 vessel operating in the area of responsibility of 

7 the Western Alaska Captain of the Port Zone, 

8 a response plan required under this paragraph 

9 with respect to a discharge of oil for the vessel 

10 shall comply with the planning criteria estab11 lished under clause (ii), which planning criteria 

12 shall, with respect to a discharge of oil from the 

13 vessel, apply in lieu of any alternative planning 

14 criteria approved for vessels operating in such 

15 area. 

16 ‘‘(ii) The President shall establish planning 

17 criteria for a worst case discharge of oil, and a 

18 substantial threat of such a discharge, within 

19 the area of responsibility of Western Alaska 

20 Captain of the Port Zone, including planning 

21 criteria for the following: 

22 ‘‘(I) Oil spill response resources that 

23 are required to be located within such 

24 area. 


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1 ‘‘(II) Response times for mobilization 

2 of oil spill response resources and arrival 

3 on the scene of a worst case discharge of 

4 oil, or substantial threat of such a dis5 charge, occurring within such area. 

6 ‘‘(III) Pre-identified vessels for oil 

7 spill response that are capable of operating 

8 in the ocean environment and required to 

9 be located within such area. 

10 ‘‘(IV) Real-time continuous vessel 

11 tracking, monitoring, and engagement pro12 tocols that detect and address vessel oper13 ation anomalies. 

14 ‘‘(V) Vessel routing measures con15 sistent with international routing measure 

16 deviation protocols. 

17 ‘‘(VI) Ensuring the availability of at 

18 least one oil spill removal organization that 

19 is classified by the Coast Guard and 

20 that— 

21 ‘‘(aa) is capable of responding in 

22 all operating environments in such 

23 area; 

24 ‘‘(bb) controls oil spill response 

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1 cated resources within such area, 

2 through ownership, contracts, agree3 ments, or other means approved by 

4 the President, sufficient to mobilize 

5 and sustain a response to a worst case 

6 discharge of oil and to contain, re7 cover, and temporarily store dis8 charged oil; and 

9 ‘‘(cc) has pre-positioned oil spill 

10 response resources in strategic loca11 tions throughout such area in a man12 ner that ensures the ability to support 

13 response personnel, marine oper14 ations, air cargo, or other related lo15 gistics infrastructure. 

16 ‘‘(VII) Temporary storage capability 

17 using both dedicated and non-dedicated as18 sets located within such area. 

19 ‘‘(VIII) Non-mechanical oil spill re20 sponse resources, to be available under 

21 contracts, agreements, or other means ap22 proved by the President, capable of re23 sponding to both a discharge of persistent 

24 oil and a discharge of non-persistent oil, 


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1 whether the discharged oil was carried by 

2 a vessel as fuel or cargo. 

3 ‘‘(IX) With respect to tank barges 

4 carrying non-persistent oil in bulk as 

5 cargo, oil spill response resources that are 

6 required to be carried on board. 

7 ‘‘(X) Ensuring that oil spill response 

8 resources required to comply with this sub9 paragraph are separate from and in addi10 tion to resources otherwise required to be 

11 included in a response plan for purposes of 

12 compliance with salvage and marine fire13 fighting planning requirements under this 

14 subsection. 

15 ‘‘(XI) Specifying a minimum length of 

16 time that approval of a response plan 

17 under this subparagraph is valid. 

18 ‘‘(XII) Ensuring compliance with re19 quirements for the preparation and sub20 mission of vessel response plans established 

21 by regulations pursuant to this paragraph. 

22 ‘‘(iii) The President may approve a re23 sponse plan for a vessel under this subpara24 graph only if the owner or operator of the ves25 sel demonstrates the availability of the oil spill 


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1 response resources required to be included in 

2 the response plan under the planning criteria 

3 established under clause (ii). 

4 ‘‘(iv) Nothing in this subparagraph af5 fects— 

6 ‘‘(I) the requirements under this sub7 section applicable to vessel response plans 

8 for vessels operating within the area of re9 sponsibility of the Western Alaska Captain 

10 of the Port Zone within Cook Inlet, Alas11 ka; 

12 ‘‘(II) the requirements applicable to 

13 tank vessels operating within Prince Wil14 liam Sound Captain of the Port Zone that 

15 are subject to section 5005 of the Oil Pol16 lution Act of 1990 (33 U.S.C. 2735); or 

17 ‘‘(III) the authority of a Federal On18 Scene Coordinator to use any available re19 sources when responding to an oil spill. 

20 ‘‘(v) The Secretary shall review any deter21 mination that the national planning criteria are 

22 inappropriate for a vessel operating in the area 

23 of responsibility of Western Alaska Captain of 

24 the Port Zone not less frequently than once 

25 every five years. 


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1 ‘‘(vi) For purposes of this subparagraph, 

2 the term ‘Western Alaska Captain of the Port 

3 Zone’ means the area described in section 3.85– 

4 15 of title 33, Code of Federal Regulations, as 

5 in effect on the date of enactment of this sub6 paragraph.’’. 

7 (b) ESTABLISHMENT OF ALASKA OIL SPILL PLAN8 NING CRITERIA.— 

9 (1) DEADLINE.—Not later than 2 years after 

10 the date of enactment of this Act, the President 

11 shall establish the planning criteria required to be 

12 established under subparagraph (J) of section 

13 311(j)(5) of the Federal Water Pollution Control 

14 Act of (33 U.S.C. 1321(j)(5)), as added by this sec15 tion. 

16 (2) CONSULTATION.—In establishing such plan17 ning criteria, the President shall consult with the 

18 State of Alaska, owners and operators of vessels 

19 subject to such planning criteria, oil spill removal or20 ganizations, Alaska Native organizations, and envi21 ronmental nongovernmental organizations located 

22 within the State of Alaska. 

23 (3) VESSELS IN COOK INLET.—Unless other24 wise authorized by the Secretary of the department 

25 in which the Coast Guard, a vessel may only operate 


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1 in Cook Inlet, Alaska, under a vessel response plan 

2 that meets the requirements of the national planning 

3 criteria established pursuant to section 311(j)(5) of 

4 the Federal Water Pollution Control Act (33 U.S.C. 

5 1321(j)(5)). 

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

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

8 of the department in which the Coast Guard is operating 

9 shall submit to Congress a report regarding the status of 

10 implementing the requirements of subparagraph (J) of 

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

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

13 SEC. 511. NONAPPLICABILITY. 

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

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

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

17 Guard Official Number 1030765) or any other passenger 

18 vessel— 

19 (1) on which construction identifiable with the 

20 specific vessel begins prior to the date of enactment 

21 of this Act; and 

22 (2) to which sections 3507 and 3508 would oth23 erwise apply when such vessels are operating inside 

24 the boundary line. 


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1 SEC. 512. REPORT ON ENFORCEMENT OF COASTWISE LAWS. 

2 The Commandant of the Coast Guard shall submit 

3 to Congress a report describing any changes to the en4 forcement of chapters 121 and 551 of title 46, United 

5 States Code, as a result of the amendments to section 

6 4(a)(1) of the Outer Continental Shelf Lands Act (43 

7 U.S.C. 1333(a)(1)) made by section 9503 of the William 

8 M. (Mac) Thornberry National Defense Authorization Act 

9 for Fiscal Year 2021 (Public Law 116–283). 

10 SEC. 513. LAND CONVEYANCE, SHARPE ARMY DEPOT, 

11 LATHROP, CALIFORNIA. 

12 Not later than 1 year after the date of enactment 

13 of this Act, the Administrator of the Maritime Administra14 tion shall complete the land conveyance required under 

15 section 2833 of the William M. (Mac) Thornberry Na16 tional Defense Authorization Act for Fiscal Year 2021 

17 (Public Law 116–283). 

18 SEC. 514. CENTER OF EXPERTISE FOR MARINE ENVIRON19 MENTAL RESPONSE. 

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

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

22 Coast Guard, in consultation with the Administrator of 

23 the National Oceanic and Atmospheric Administration, 

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1 ter of Expertise’’) in accordance with section 313 of title 

2 14, United States Code. 

3 (b) LOCATION.—The Center of Expertise shall be lo4 cated in close proximity to— 

5 (1) an area of the country with quick access to 

6 State, Federal, and international waters, port and 

7 marine environments, coastal and estuary environ8 ments, and the intercoastal waterway; 

9 (2) multiple Coast Guard sea and air stations; 

10 (3) multiple Federal agencies that are engaged 

11 in coastal and fisheries management; 

12 (4) one or more designated national estuaries; 

13 (5) State coastal and wildlife management 

14 agencies; and 

15 (6) an institution of higher education with ade16 quate marine science search laboratory facilities and 

17 capabilities and expertise in coastal marine ecology, 

18 ecosystems, environmental chemistry, fish and wild19 life management, coastal mapping, water resources, 

20 and marine technology development. 

21 (c) FUNCTIONS.—The Center of Expertise shall— 

22 (1) monitor and assess, on an ongoing basis, 

23 the state of knowledge regarding training, education, 

24 and technology development for marine environ25 mental response protocols in State, Federal, and 


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1 international waters, port and marine environments, 

2 coastal and estuary environments, and the inter3 coastal waterway; 

4 (2) identify any significant gaps in research re5 lated to marine environmental response protocols, in6 cluding an assessment of major scientific or techno7 logical deficiencies in responses to past incidents in 

8 these waterways that are interconnected, and seek to 

9 fill such gaps; 

10 (3) conduct research, development, testing, and 

11 evaluation for marine environmental response equip12 ment, technologies, and techniques to mitigate and 

13 respond to environmental incidents in these water14 ways; 

15 (4) educate and train Federal, State, and local 

16 first responders in— 

17 (A) the incident command system struc18 ture; 

19 (B) marine environmental response tech20 niques and strategies; and 

21 (C) public affairs; and 

22 (5) work with academic and private sector re23 sponse training centers to develop and standardize 

24 marine environmental response training and tech25 niques. 


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1 (d) MARINE ENVIRONMENTAL RESPONSE DE2 FINED.—In this section, the term ‘‘marine environmental 

3 response’’ means any response to incidents that— 

4 (1) impacts— 

5 (A) the marine environment of State, Fed6 eral or international waterways; 

7 (B) port and marine environments; 

8 (C) coastal and estuary environments; or 

9 (D) the intercoastal waterway; and 

10 (2) promotes— 

11 (A) the protection and conservation of the 

12 marine environment; 

13 (B) the health of fish, animal populations, 

14 and endangered species; and 

15 (C) the resilience of coastal ecosystems and 

16 infrastructure. 

17 SEC. 515. PROHIBITION ON ENTRY AND OPERATION. 

18 (a) PROHIBITION.— 

19 (1) IN GENERAL.—Except as otherwise pro20 vided in this section, during the period in which Ex21 ecutive Order 14065 (87 Fed. Reg. 10293, relating 

22 to blocking certain Russian property or trans23 actions), or any successor Executive Order is in ef24 fect, no vessel described in subsection (b) may enter 

25 or operate in the navigable waters of the United 


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1 States or transfer cargo in any port or place under 

2 the jurisdiction of the United States. 

3 (2) LIMITATIONS ON APPLICATION.—— 

4 (A) IN GENERAL.—The prohibition under 

5 paragraph (1) shall not apply with respect to 

6 vessel described in subsection (b) if the Sec7 retary of State determines that— 

8 (i) the vessel is owned or operated by 

9 a Russian national or operated by the gov10 ernment of the Russian Federation; and 

11 (ii) it is in the national security inter12 est not to apply the prohibition to such 

13 vessel. 

14 (B) NOTICE.—Not later than 15 days 

15 after making a determination under subpara16 graph (A), the Secretary of State shall submit 

17 to the Committee on Foreign Affairs and the 

18 Committee on Transportation and Infrastruc19 ture of the House of Representatives and the 

20 Committee on Foreign Relations and the Com21 mittee on Commerce, Science, and Transpor22 tation of the Senate written notice of the deter23 mination and the basis upon which the deter24 mination was made. 


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1 (C) PUBLICATION.—The Secretary of 

2 State shall publish a notice in the Federal Reg3 ister of each determination made under sub4 paragraph (A). 

5 (b) VESSELS DESCRIBED.—A vessel referred to in 

6 subsection (a) is a vessel owned or operated by a Russian 

7 national or operated by the government of the Russian 

8 Federation. 

9 (c) INFORMATION AND PUBLICATION.—The Sec10 retary of the department in which the Coast Guard is op11 erating, with the concurrence of the Secretary of State, 

12 shall— 

13 (1) maintain timely information on the registra14 tions of all foreign vessels owned or operated by or 

15 on behalf of the Government of the Russian Federa16 tion, a Russian national, or a entity organized under 

17 the laws of the Russian Federation or any jurisdic18 tion within the Russian Federation; and 

19 (2) periodically publish in the Federal Register 

20 a list of the vessels described in paragraph (1). 

21 (d) NOTIFICATION OF GOVERNMENTS.— 

22 (1) IN GENERAL.—The Secretary of State shall 

23 notify each government, the agents or instrumental24 ities of which are maintaining a registration of a for25 eign vessel that is included on a list published under 


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1 subsection (c)(2), not later than 30 days after such 

2 publication, that all vessels registered under such 

3 government’s authority are subject to subsection (a). 

4 (2) ADDITIONAL NOTIFICATION.—In the case of 

5 a government that continues to maintain a registra6 tion for a vessel that is included on such list after 

7 receiving an initial notification under paragraph (1), 

8 the Secretary shall issue an additional notification to 

9 such government not later than 120 days after the 

10 publication of a list under subsection (c)(2). 

11 (e) NOTIFICATION OF VESSELS.—Upon receiving a 

12 notice of arrival under section 70001(a)(5) of title 46, 

13 United States Code, from a vessel described in subsection 

14 (b), the Secretary of the department in which the Coast 

15 Guard is operating shall notify the master of such vessel 

16 that the vessel may not enter or operate in the navigable 

17 waters of the United States or transfer cargo in any port 

18 or place under the jurisdiction of the United States, un19 less— 

20 (1) the Secretary of State has made a deter21 mination under subsection (a)(2); or 

22 (2) the Secretary of the department in which 

23 the Coast Guard is operating allows provisional 

24 entry of the vessel, or transfer of cargo from the ves25 sel, under subsection (f). 


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1 (f) PROVISIONAL ENTRY OR CARGO TRANSFER.— 

2 Notwithstanding any other provision of this section, the 

3 Secretary of the department in which the Coast Guard is 

4 operating may allow provisional entry of, or transfer of 

5 cargo from, a vessel, if such entry or transfer is necessary 

6 for the safety of the vessel or persons aboard. 

7 SEC. 516. ST. LUCIE RIVER RAILROAD BRIDGE. 

8 The Commandant of the Coast Guard shall take such 

9 actions as are necessary to implement any recommenda10 tions for the St. Lucie River railroad bridge made by the 

11 Coast Guard in the document titled ‘‘Waterways Analysis 

12 and Management System for Intracoastal Waterway Miles 

13 925-1005 (WAMS #07301)’’ published by Coast Guard 

14 Sector Miami in 2018. 

15 SEC. 517. ASSISTANCE RELATED TO MARINE MAMMALS. 

16 (a) MARITIME ENVIRONMENTAL AND TECHNICAL

17 ASSISTANCE PROGRAM.—Section 50307(b) of title 46, 

18 United States Code, is amended— 

19 (1) in paragraph (1)(D) by striking ‘‘and’’ at 

20 the end; 

21 (2) in paragraph (2) by striking the period and 

22 insert ‘‘; and’’; and 

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

24 ‘‘(3) technologies that quantifiably reduce un25 derwater noise from marine vessels, including noise 


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1 produced incidental to the propulsion of marine ves2 sels.’’. 

3 (b) ASSISTANCE TO REDUCE IMPACTS OF VESSEL

4 STRIKES AND NOISE ON MARINE MAMMALS.— 

5 (1) IN GENERAL.—Chapter 541 of title 46, 

6 United States Code, is amended by adding at the 

7 end the following: 

8 ‘‘§ 54102. Assistance to reduce impacts of vessel 

9 strikes and noise on marine mammals 

10 ‘‘(a) IN GENERAL.—The Administrator of the Mari11 time Administration, in coordination with the Secretary 

12 of the department in which the Coast Guard is operating, 

13 may make grants to, or enter into contracts or cooperative 

14 agreements with, academic, public, private, and non15 governmental entities to develop and implement mitigation 

16 measures that will lead to a quantifiable reduction in— 

17 ‘‘(1) impacts to marine mammals from vessels; 

18 and 

19 ‘‘(2) underwater noise from vessels, including 

20 noise produced incidental to the propulsion of ves21 sels. 

22 ‘‘(b) ELIGIBLE USE.—Assistance under this section 

23 may be used to develop, assess, and carry out activities 

24 that reduce threats to marine mammals by— 

25 ‘‘(1) reducing— 


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1 ‘‘(A) stressors related to vessel traffic; and 

2 ‘‘(B) vessel strike mortality, and serious 

3 injury; or 

4 ‘‘(2) monitoring— 

5 ‘‘(A) sound; and 

6 ‘‘(B) vessel interactions with marine mam7 mals. 

8 ‘‘(c) PRIORITY.—The Administrator shall prioritize 

9 assistance under this section for projects that— 

10 ‘‘(1) is based on the best available science on 

11 methods to reduce threats related to vessels traffic; 

12 ‘‘(2) collect data on the reduction of such 

13 threats; 

14 ‘‘(3) reduce— 

15 ‘‘(A) disturbances from vessel presence; 

16 ‘‘(B) mortality risk; or 

17 ‘‘(C) serious injury from vessel strikes; or 

18 ‘‘(4) conduct risk assessments, or tracks 

19 progress toward threat reduction. 

20 ‘‘(d) BRIEFING.—The Administrator shall provide to 

21 the Committee on Transportation and Infrastructure of 

22 the House of Representatives, and the Committee on Com23 merce, Science, and Transportation of the Senate, an an24 nual briefing that includes the following: 


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1 ‘‘(1) The name and location of each entity re2 ceiving a grant under this section. 

3 ‘‘(2) The amount of each such grant. 

4 ‘‘(3) A description of the activities carried out 

5 with assistance provided under this section. 

6 ‘‘(4) An estimate of the impact that a project 

7 carried out with such assistance has on the reduc8 tion of threats to marine mammals. 

9 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

10 is authorized to be appropriated to the Administrator to 

11 carry out this section $10,000,000 for each of fiscal years 

12 2022 through 2026, to remain available until expended.’’. 

13 (2) CLERICAL AMENDMENT.—The analysis for 

14 chapter 541 of title 46, United States Code, is 

15 amended by adding at the end the following: 

‘‘54102. Assistance to reduce impacts of vessel strikes and noise on marine 

mammals.’’. 

16 (c) NEAR REAL-TIME MONITORING AND MITIGATION

17 PROGRAM FOR LARGE WHALES.— 

18 (1) IN GENERAL.—Part of A of subtitle V of 

19 title 46, United States Code, is amended by adding 

20 at the end the following: 

21 ‘‘CHAPTER 507—MONITORING AND 

22 MITIGATION 

‘‘Sec. 

‘‘50701. Near real-time monitoring and mitigation program for large whales. 

‘‘50702. Pilot project. 


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1 ‘‘§ 50701. Near real-time monitoring and mitigation 

2 program for large whales 

3 ‘‘(a) ESTABLISHMENT.—The Administrator of the 

4 Maritime Administration, in consultation with the Com5 mandant of the Coast Guard, shall design and deploy a 

6 near real-time large whale monitoring and mitigation pro7 gram (in this section referred to as the Program) informed 

8 by the technologies, monitoring methods, and mitigation 

9 protocols developed pursuant to the pilot program required 

10 under section 50702. 

11 ‘‘(b) PURPOSE.—The purpose of the Program will be 

12 to reduce the risk to large whales of vessel collisions and 

13 to minimize other impacts. 

14 ‘‘(c) REQUIREMENTS.—In designing and deploying 

15 the Program, the Administrator shall— 

16 ‘‘(1) prioritize species of large whales for which 

17 vessel collision impacts are of particular concern; 

18 ‘‘(2) prioritize areas where such vessel impacts 

19 are of particular concern; 

20 ‘‘(3) develop technologies capable of detecting 

21 and alerting individuals and enforcement agencies of 

22 the probable location of large whales on a near real23 time basis, to include real time data whenever pos24 sible; 

25 ‘‘(4) inform sector-specific mitigation protocols 

26 to effectively reduce takes of large whales; and 


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1 ‘‘(5) integrate technology improvements as such 

2 improvements become available. 

3 ‘‘(d) AUTHORITY.—The Administrator may make 

4 grants or enter into and contracts, leases, or cooperative 

5 agreements as may be necessary to carry out the purposes 

6 of this section on such terms as the Administrator con7 siders appropriate, consistent with Federal acquisition 

8 regulations. 

9 ‘‘§ 50702. Pilot project 

10 ‘‘(a) ESTABLISHMENT.—The Administrator of the 

11 Maritime Administration shall carry out a pilot monitoring 

12 and mitigation project for North Atlantic right whales (in 

13 this section referred to as the ‘Pilot Program’) for pur14 poses of informing a cost-effective, efficient, and results15 oriented near real-time monitoring and mitigation pro16 gram for large whales under 50701. 

17 ‘‘(b) PILOT PROJECT REQUIREMENTS.—In carrying 

18 out the pilot program, the Administrator, in coordination 

19 with the Commandant of the Coast Guard, using best 

20 available scientific information, shall identify and ensure 

21 coverage of— 

22 ‘‘(1) core foraging habitats of North Atlantic 

23 right whales, including— 

24 ‘‘(A) the South of the Islands core foraging 

25 habitat; 


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1 ‘‘(B) the Cape Cod Bay Area core foraging 

2 habitat; 

3 ‘‘(C) the Great South Channel core for4 aging habitat; and 

5 ‘‘(D) the Gulf of Maine; and 

6 ‘‘(2) important feeding, breeding, calving, 

7 rearing, or migratory habitats of North Atlantic 

8 right whales that co-occur with areas of high risk of 

9 mortality, serious injury, or other impacts to such 

10 whales, including from vessels or vessel strikes. 

11 ‘‘(c) PILOT PROJECT COMPONENTS.— 

12 ‘‘(1) IN GENERAL.—Not later than 3 years 

13 after the date of enactment of the Don Young Coast 

14 Guard Authorization Act of 2022, the Adminis15 trator, in consultation with the Commandant, Tribal 

16 governments, and with input from affected stake17 holders, shall design and deploy a near real-time 

18 monitoring system for North Atlantic right whales 

19 that— 

20 ‘‘(A) comprises the best available detection 

21 and survey technologies to detect North Atlan22 tic right whales within core foraging habitats; 

23 ‘‘(B) uses dynamic habitat suitability mod24 els to inform the likelihood of North Atlantic 


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1 right whale occurrence in core foraging habitat 

2 at any given time; 

3 ‘‘(C) coordinates with the Integrated 

4 Ocean Observing System and Coast Guard ves5 sel traffic service centers, and may coordinate 

6 with Regional Ocean Partnerships to leverage 

7 monitoring assets; 

8 ‘‘(D) integrates historical data; 

9 ‘‘(E) integrates new near real-time moni10 toring methods and technologies as they become 

11 available; 

12 ‘‘(F) accurately verifies and rapidly com13 municates detection data; 

14 ‘‘(G) creates standards for allowing ocean 

15 users to contribute data to the monitoring sys16 tem using comparable near real-time monitoring 

17 methods and technologies; and 

18 ‘‘(H) communicates the risks of injury to 

19 large whales to ocean users in a way that is 

20 most likely to result in informed decision mak21 ing regarding the mitigation of those risks. 

22 ‘‘(2) NATIONAL SECURITY CONSIDERATIONS.— 

23 All monitoring methods, technologies, and protocols 

24 under this section shall be consistent with national 

25 security considerations and interests. 


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1 ‘‘(3) ACCESS TO DATA.—The Administrator 

2 shall provide access to data generated by the moni3 toring system deployed under paragraph (1) for pur4 poses of scientific research and evaluation, and pub5 lic awareness and education, including through the 

6 NOAA Right Whale Sighting Advisory System and 

7 WhaleMap or other successive public web portals, 

8 subject to review for national security consider9 ations. 

10 ‘‘(d) MITIGATION PROTOCOLS.—The Administrator, 

11 in consultation with the Commandant, and with input 

12 from affected stakeholders, develop and deploy mitigation 

13 protocols that make use of the near real-time monitoring 

14 system deployed under subsection (c) to direct sector-spe15 cific mitigation measures that avoid and significantly re16 duce risk of serious injury and mortality to North Atlantic 

17 right whales. 

18 ‘‘(e) REPORTING.— 

19 ‘‘(1) PRELIMINARY REPORT.—Not later than 2 

20 years after the date of the enactment of the Don 

21 Young Coast Guard Authorization Act of 2022, the 

22 Administrator, in consultation with the Com23 mandant, shall submit to the appropriate Congres24 sional Committees and make available to the public 

25 a preliminary report which shall include— 


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1 ‘‘(A) a description of the monitoring meth2 ods and technology in use or planned for de3 ployment; 

4 ‘‘(B) analyses of the efficacy of the meth5 ods and technology in use or planned for de6 ployment for detecting North Atlantic right 

7 whales; 

8 ‘‘(C) how the monitoring system is directly 

9 informing and improving North American right 

10 whale management, health, and survival; 

11 ‘‘(D) a prioritized identification of tech12 nology or research gaps; 

13 ‘‘(E) a plan to communicate the risks of 

14 injury to large whales to ocean users in a way 

15 that is most likely to result in informed decision 

16 making regarding the mitigation of those risks; 

17 and 

18 ‘‘(F) additional information, as appro19 priate. 

20 ‘‘(2) FINAL REPORT.—Not later than 6 years 

21 after the date of the enactment of the Don Young 

22 Coast Guard Authorization Act of 2022, the Admin23 istrator, in consultation with the Commandant, shall 

24 submit to the appropriate congressional committees 

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1 dressing the components in subparagraph (A) and 

2 including— 

3 ‘‘(A) an assessment of the benefits and ef4 ficacy of the near real-time monitoring and 

5 mitigation program; 

6 ‘‘(B) a strategic plan to expand the pilot 

7 program to provide near real-time monitoring 

8 and mitigation measures; 

9 ‘‘(i) to additional large whale species 

10 of concern for which such measures would 

11 reduce risk of serious injury or death; and 

12 ‘‘(ii) in important feeding, breeding, 

13 calving, rearing, or migratory habitats of 

14 whales that co-occur with areas of high 

15 risk of mortality or serious injury of such 

16 whales from vessel strikes or disturbance; 

17 ‘‘(C) a prioritized plan for acquisition, de18 ployment, and maintenance of monitoring tech19 nologies; 

20 ‘‘(D) the locations or species for which the 

21 plan would apply; and 

22 ‘‘(E) a budget and description of funds 

23 necessary to carry out the strategic plan. 

24 ‘‘(f) ADDITIONAL AUTHORITY.—The Administrator 

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1 tive agreements as may be necessary to carry out the pur2 poses of this section on such terms as the Administrator 

3 considers appropriate, consistent with Federal acquisition 

4 regulations. 

5 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

6 is authorized to be appropriated to the Administrator to 

7 carry out this section $17,000,000 for each of fiscal years 

8 2022 through 2026. 

9 ‘‘(h) DEFINITIONS.—In this section and section 

10 50701: 

11 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—The term ‘appropriate congressional com13 mittees’ means the Committee Transportation and 

14 Infrastructure of the House of Representatives and 

15 the Committee on Commerce, Science, and Trans16 portation of the Senate. 

17 ‘‘(2) CORE FORAGING HABITATS.—The term 

18 ‘core foraging habitats’ means areas with biological 

19 and physical oceanographic features that aggregate 

20 Calanus finmarchicus and where North Atlantic 

21 right whales foraging aggregations have been well 

22 documented. 

23 ‘‘(3) NEAR REAL-TIME.—The term ‘near real24 time’ means detected activity that is visual, acoustic, 

25 or in any other form, of North Atlantic right whales 


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1 that are transmitted and reported as soon as tech2 nically feasible after such detected activity has oc3 curred. 

4 ‘‘(4) LARGE WHALE.—The term ‘large whale’ 

5 means all Mysticeti species and species within the 

6 genera Physeter and Orcinus.’’. 

7 (2) CLERICAL AMENDMENT.—The table of 

8 chapters for subtitle V of title 46, United States 

9 Code is amended by adding after the item related to 

10 chapter 505 the following: 

‘‘507. Monitoring and Mitigation ................................................50701’’. 

11 SEC. 518. MANNING AND CREWING REQUIREMENTS FOR 

12 CERTAIN VESSELS, VEHICLES, AND STRUC13 TURES. 

14 (a) AUTHORIZATION OF LIMITED EXEMPTIONS

15 FROM MANNING AND CREW REQUIREMENT.—Chapter 81 

16 of title 46, United States Code, is amended by adding at 

17 the end the following: 

18 ‘‘§ 8108. Exemptions from manning and crew require19 ments 

20 ‘‘(a) IN GENERAL.—The Secretary may provide an 

21 exemption described in subsection (b) to the owner or op22 erator of a covered facility if each individual who is man23 ning or crewing the covered facility is— 

24 ‘‘(1) a citizen of the United States; 


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1 ‘‘(2) an alien lawfully admitted to the United 

2 States for permanent residence; or 

3 ‘‘(3) a citizen of the nation under the laws of 

4 which the vessel is documented. 

5 ‘‘(b) REQUIREMENTS FOR ELIGIBILITY FOR EXEMP6 TION.—An exemption under this subsection is an exemp7 tion from the regulations established pursuant to section 

8 30(a)(3) of the Outer Continental Shelf Lands Act (43 

9 U.S.C. 1356(a)(3)). 

10 ‘‘(c) LIMITATIONS.—An exemption under this sec11 tion— 

12 ‘‘(1) shall provide that the number of individ13 uals manning or crewing the covered facility who are 

14 described in paragraphs (2) and (3) of subsection 

15 (a) may not exceed two and one- half times the 

16 number of individuals required to man or crew the 

17 covered facility under the laws of the nation under 

18 the laws of which the covered facility is documented; 

19 and 

20 ‘‘(2) shall be effective for not more than 12 

21 months, but may be renewed by application to and 

22 approval by the Secretary. 

23 ‘‘(d) APPLICATION.—To be eligible for an exemption 

24 or a renewal of an exemption under this section, the owner 

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1 retary with an application that includes a sworn statement 

2 by the applicant of all information required for the 

3 issuance of the exemption. 

4 ‘‘(e) REVOCATION.— 

5 ‘‘(1) IN GENERAL.—The Secretary— 

6 ‘‘(A) may revoke an exemption for a cov7 ered facility under this section if the Secretary 

8 determines that information provided in the ap9 plication for the exemption was false or incom10 plete, or is no longer true or complete; and 

11 ‘‘(B) shall immediately revoke such an ex12 emption if the Secretary determines that the 

13 covered facility, in the effective period of the ex14 emption, was manned or crewed in a manner 

15 not authorized by the exemption. 

16 ‘‘(2) NOTICE REQUIRED.—The Secretary shall 

17 provides notice of a determination under subpara18 graph (A) or (B) of paragraph (1) to the owner or 

19 operator of the covered facility. 

20 ‘‘(f) REVIEW OF COMPLIANCE.—The Secretary shall 

21 periodically, but not less than once annually, inspect each 

22 covered facility that operates under an exemption under 

23 this section to verify the owner or operator of the covered 

24 facility’s compliance with the exemption. During an in25 spection under this subsection, the Secretary shall require 


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1 all crew members serving under the exemption to hold a 

2 valid transportation security card issued under section 

3 70105. 

4 ‘‘(g) PENALTY.—In addition to revocation under sub5 section (e), the Secretary may impose on the owner or op6 erator of a covered facility a civil penalty of $10,000 per 

7 day for each day the covered facility— 

8 ‘‘(1) is manned or crewed in violation of an ex9 emption under this subsection; or 

10 ‘‘(2) operated under an exemption under this 

11 subsection that the Secretary determines was not 

12 validly obtained. 

13 ‘‘(h) NOTIFICATION OF SECRETARY OF STATE.—The 

14 Secretary shall notify the Secretary of State of each ex15 emption issued under this section, including the effective 

16 period of the exemption. 

17 ‘‘(i) DEFINITIONS.—In this section: 

18 ‘‘(1) COVERED FACILITY.—The term ‘covered 

19 facility’ means any vessel, rig, platform, or other ve20 hicle or structure, over 50 percent of which is owned 

21 by citizens of a foreign nation or with respect to 

22 which the citizens of a foreign nation have the right 

23 effectively to control, except to the extent and to the 

24 degree that the President determines that the gov25 ernment of such foreign nation or any of its political 


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1 subdivisions has implemented, by statute, regulation, 

2 policy, or practice, a national manning requirement 

3 for equipment engaged in the exploring for, devel4 oping, or producing resources, including non-mineral 

5 energy resources in its offshore areas. 

6 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 

7 the Secretary of the department in which the Coast 

8 Guard is operating.’’. 

9 (b) ANNUAL REPORT.— 

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

11 the date of enactment of this Act, and annually 

12 thereafter, the Secretary shall submit to Congress a 

13 report containing information on each letter of non14 applicability of section 8109 of title 46, United 

15 States Code, with respect to a covered facility that 

16 was issued by the Secretary during the preceding 

17 year. 

18 (2) CONTENTS.—The report under paragraph 

19 (1) shall include, for each covered facility— 

20 (A) the name and International Maritime 

21 Organization number; 

22 (B) the nation in which the covered facility 

23 is documented; 

24 (C) the nationality of owner or owners; and 


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1 (D) for any covered facility that was pre2 viously issued a letter of nonapplicability in a 

3 prior year, any changes in the information de4 scribed in subparagraphs (A) through (C). 

5 (c) REGULATIONS.—Not later than 90 days after the 

6 date of the enactment of this Act, the Secretary shall pro7 mulgate regulations that specify the documentary and 

8 other requirements for the issuance of an exemption under 

9 the amendment made by this section. 

10 (d) EXISTING EXEMPTIONS.— 

11 (1) EFFECT OF AMENDMENTS; TERMI12 NATION.—Each exemption under section 30(c)(2) of 

13 the Outer Continental Shelf Lands Act (43 U.S.C. 

14 1356(c)(2)) issued before the date of the enactment 

15 of this Act— 

16 (A) shall not be affected by the amend17 ments made by this section during the 120-day 

18 period beginning on the date of the enactment 

19 of this Act; and 

20 (B) shall not be effective after such period. 

21 (2) NOTIFICATION OF HOLDERS.—Not later 

22 than 60 days after the date of the enactment of this 

23 Act, the Secretary shall notify all persons that hold 

24 such an exemption that it will expire as provided in 

25 paragraph (1). 


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1 (e) CLERICAL AMENDMENT.—The analysis for chap2 ter 81 of the title 46, United States Code, is amended 

3 by adding at the end the following: 

‘‘8108. Exemptions from manning and crew requirements.’’. 

4 TITLE VI—SEXUAL ASSAULT AND 

5 SEXUAL HARASSMENT PRE6 VENTION AND RESPONSE 

7 SEC. 601. DEFINITIONS. 

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

9 States Code, is amended— 

10 (1) by redesignating paragraphs (45) through 

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

12 and 

13 (2) by inserting after paragraph (44) the fol14 lowing: 

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

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

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

18 ‘‘(46) ‘sexual harassment’ means— 

19 ‘‘(A) conduct that— 

20 ‘‘(i) involves unwelcome sexual ad21 vances, requests for sexual favors, or delib22 erate or repeated offensive comments or 

23 gestures of a sexual nature if any— 

24 ‘‘(I) submission to such conduct 

25 is made either explicitly or implicitly a 


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1 term or condition of employment, pay, 

2 career, benefits, or entitlements of the 

3 individual; 

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

5 of such conduct by an individual is 

6 used as a basis for decisions affecting 

7 that individual’s job, pay, career, ben8 efits, or entitlements; 

9 ‘‘(III) such conduct has the pur10 pose or effect of unreasonably inter11 fering with an individual’s work per12 formance or creates an intimidating, 

13 hostile, or offensive work environment; 

14 or 

15 ‘‘(IV) conduct may have been by 

16 an individual’s supervisor, a super17 visor in another area, a co-worker, or 

18 another credentialed mariner; and 

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

20 reasonable person would perceive, and the 

21 victim does perceive, the environment as 

22 hostile or offensive; 

23 ‘‘(B) any use or condonation associated 

24 with first-hand or personal knowledge, by any 

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1 tion, of any form of sexual behavior to control, 

2 influence, or affect the career, pay, benefits, en3 titlements, or employment of a subordinate; and 

4 ‘‘(C) any deliberate or repeated unwelcome 

5 verbal comment or gesture of a sexual nature 

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

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

8 shall submit to the Committee on Transportation and In9 frastructure of the House of Representatives and the Com10 mittee on Commerce, Science, and Transportation of the 

11 Senate a report describing any changes the Commandant 

12 may propose to the definitions added by the amendments 

13 in subsection (a). 

14 SEC. 602. CONVICTED SEX OFFENDER AS GROUNDS FOR 

15 DENIAL. 

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

17 States Code, is amended by adding at the end the fol18 lowing: 

19 ‘‘§ 7511. Convicted sex offender as grounds for denial 

20 ‘‘(a) SEXUAL ABUSE.—A license, certificate of reg21 istry, or merchant mariner’s document authorized to be 

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

23 has been convicted of a sexual offense prohibited under 

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1 tion 2244 of title 18, or a substantially similar State, local, 

2 or Tribal offense. 

3 ‘‘(b) ABUSIVE SEXUAL CONTACT.—A license, certifi4 cate of registry, or merchant mariner’s document author5 ized to be issued under this part may be denied to an indi6 vidual who within 5 years before applying for the license, 

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

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

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

10 offense.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for chap12 ter 75 of title 46, United States Code, is amended by add13 ing at the end the following: 

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

14 SEC. 603. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS 

15 GROUNDS FOR SUSPENSION OR REVOCA16 TION. 

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

18 States Code, is amended by inserting after section 7704 

19 the following: 

20 ‘‘§ 7704a. Sexual harassment or sexual assault as 

21 grounds for suspension or revocation 

22 ‘‘(a) SEXUAL HARASSMENT.—If it is shown at a 

23 hearing under this chapter that a holder of a license, cer24 tificate of registry, or merchant mariner’s document 

25 issued under this part, within 5 years before the beginning 


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1 of the suspension and revocation proceedings, is the sub2 ject of an official finding of sexual harassment, then the 

3 license, certificate of registry, or merchant mariner’s docu4 ment may be suspended or revoked. 

5 ‘‘(b) SEXUAL ASSAULT.—If it is shown at a hearing 

6 under this chapter that a holder of a license, certificate 

7 of registry, or merchant mariner’s document issued under 

8 this part, within 10 years before the beginning of the sus9 pension and revocation proceedings, is the subject of an 

10 official finding of sexual assault, then the license, certifi11 cate of registry, or merchant mariner’s document shall be 

12 revoked. 

13 ‘‘(c) OFFICIAL FINDING.— 

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

15 ‘official finding’ means— 

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

17 or decision that determines the individual com18 mitted sexual harassment or sexual assault in 

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

20 law or regulation; or 

21 ‘‘(B) a determination after an investigation 

22 by the Coast Guard that, by a preponderance of 

23 the evidence, the individual committed sexual 

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1 tion affords appropriate due process rights to 

2 the subject of the investigation. 

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

4 An investigation by the Coast Guard under para5 graph (1)(B) shall include, at a minimum, evalua6 tion of the following materials that, upon request, 

7 shall be provided to the Coast Guard: 

8 ‘‘(A) Any inquiry or determination made 

9 by the employer or former employer of the indi10 vidual as to whether the individual committed 

11 sexual harassment or sexual assault. 

12 ‘‘(B) Any investigative materials, docu13 ments, records, or files in the possession of an 

14 employer or former employer of the individual 

15 that are related to the claim of sexual harass16 ment or sexual assault by the individual. 

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

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

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

20 reviewed and affirmed by an administrative law 

21 judge within the same proceeding as any sus22 pension or revocation of a license, certificate of 

23 registry, or merchant mariner’s document under 

24 subsection (a) or (b). 


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1 ‘‘(B) LEGAL PROCEEDING.—A determina2 tion under paragraph (1)(A) that an individual 

3 committed sexual harassment or sexual assault 

4 is conclusive in suspension and revocation pro5 ceedings.’’. 

6 (b) CLERICAL AMENDMENT.—The chapter analysis 

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

8 by inserting after the item relating to section 7704 the 

9 following: 

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

10 SEC. 604. ACCOMMODATION; NOTICES. 

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

12 amended— 

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

14 the end; 

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

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

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

18 following: 

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

20 with information regarding— 

21 ‘‘(A) vessel owner or company policies pro22 hibiting sexual assault and sexual harassment, 

23 retaliation, and drug and alcohol usage; and 


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1 ‘‘(B) procedures and resources to report 

2 crimes, including sexual assault and sexual har3 assment, including information— 

4 ‘‘(i) on the contact information, 

5 website address, and mobile application to 

6 the Coast Guard Investigative Services for 

7 reporting of crimes and the Coast Guard 

8 National Command Center; 

9 ‘‘(ii) on vessel owner or company pro10 cedures to report violations of company 

11 policy and access resources; 

12 ‘‘(iii) on resources provided by outside 

13 organizations such as sexual assault hot14 lines and counseling; 

15 ‘‘(iv) on the retention period for sur16 veillance video recording after an incident 

17 of sexual harassment or sexual assault is 

18 reported; and 

19 ‘‘(v) additional items specified in reg20 ulations issued by, and at the discretion of, 

21 the Secretary of the department in which 

22 the Coast Guard is operating.’’; and 

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

24 following: ‘‘In each washing space in a visible loca25 tion there shall be information regarding procedures 


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1 and resources to report crimes upon the vessel, in2 cluding sexual assault and sexual harassment, and 

3 vessel owner or company policies prohibiting sexual 

4 assault and sexual harassment, retaliation, and drug 

5 and alcohol usage.’’. 

6 SEC. 605. PROTECTION AGAINST DISCRIMINATION. 

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

8 is amended— 

9 (1) by redesignating subparagraphs (B) 

10 through (G) as subparagraphs (C) through (H), re11 spectively; and 

12 (2) by inserting after subparagraph (A) the fol13 lowing: 

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

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

16 or other appropriate Federal agency or department 

17 sexual harassment or sexual assault against the sea18 man or knowledge of sexual harassment or sexual 

19 assault against another seaman;’’. 

20 SEC. 606. ALCOHOL PROHIBITION. 

21 (a) REGULATIONS.— 

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

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

24 the department in which the Coast Guard is oper25 ating shall, taking into account the safety and secuVerDate Sep 11 2014 05:07 Mar 31, 2022 Jkt 029200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H6865.RFS H6865

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1 rity of every individual on documented vessels, issue 

2 such regulations as are necessary relating to alcohol 

3 consumption on documented vessels, according to 

4 the following requirements: 

5 (A) The Secretary shall determine safe lev6 els of alcohol consumption by crewmembers 

7 aboard documented vessels engaged in commer8 cial service. 

9 (B) If the Secretary determines there is no 

10 alcohol policy that can be implemented to en11 sure a safe environment for crew and pas12 sengers, the Secretary shall implement a prohi13 bition on possession and consumption of alcohol 

14 by crewmembers while aboard a vessel, except 

15 when possession is associated with the commer16 cial sale or gift to non-crew members aboard 

17 the vessel. 

18 (C) To the extent a policy establishes safe 

19 levels of alcohol consumption in accordance with 

20 subparagraph (A), such policy shall not super21 sede a vessel owner’s discretion to further limit 

22 or prohibit alcohol on its vessels. 

23 (2) IMMUNITY FROM CIVIL LIABILITY.—Any 

24 crewmember who reports an incident of sexual as25 sault or sexual harassment that is directly related to 


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1 a violation of the regulations issued under paragraph 

2 (1) is immune from civil liability for any related vio3 lation of such regulations. 

4 SEC. 607. SURVEILLANCE REQUIREMENTS. 

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

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

7 following: 

8 ‘‘CHAPTER 49—OCEANGOING NON9 PASSENGER COMMERCIAL VESSELS 

‘‘Sec. 

‘‘4901. Surveillance requirements. 

10 ‘‘§ 4901. Surveillance requirements 

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

12 service that does not carry passengers, shall maintain a 

13 video surveillance system. 

14 ‘‘(b) APPLICABILITY.—The requirements in this sec15 tion shall apply to— 

16 ‘‘(1) documented vessels with overnight accom17 modations for at least 10 persons on board— 

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

19 and crosses seaward of the Boundary Line; or 

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

21 overall length and required to have a load line 

22 under chapter 51; 

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

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1 nate tonnage measured under section 14302 as pre2 scribed by the Secretary under section 14104 on an 

3 international voyage; and 

4 ‘‘(3) vessels with overnight accommodations for 

5 at least 10 persons on board that are operating for 

6 no less than 72 hours on waters superjacent to the 

7 Outer Continental Shelf. 

8 ‘‘(c) PLACEMENT OF VIDEO AND AUDIO SURVEIL9 LANCE EQUIPMENT.— 

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

11 which this section applies shall install video and 

12 audio surveillance equipment aboard the vessel not 

13 later than 2 years after enactment of the Don 

14 Young Coast Guard Authorization Act of 2022, or 

15 during the next scheduled drydock, whichever is 

16 later. 

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

18 equipment shall be placed in passageways on to 

19 which doors from staterooms open. Such equipment 

20 shall be placed in a manner ensuring the visibility of 

21 every door in each such passageway. 

22 ‘‘(d) NOTICE OF VIDEO AND AUDIO SURVEIL23 LANCE.—The owner of a vessel to which this section ap24 plies shall provide clear and conspicuous signs on board 


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

2 audio surveillance equipment. 

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

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

5 which this section applies shall provide to any Fed6 eral, state, or other law enforcement official per7 forming official duties in the course and scope of a 

8 criminal or marine safety investigation, upon re9 quest, a copy of all records of video and audio sur10 veillance that the official believes is relevant to the 

11 investigation. 

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

13 law enforcement authorities or court order, the 

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

15 upon written request, provide to any individual or 

16 the individual’s legal representative a copy of all 

17 records of video and audio surveillance— 

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

19 the video and audio surveillance; 

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

21 legal proceeding or investigation; and 

22 ‘‘(C) that may provide evidence of any sex23 ual harassment or sexual assault incident in a 

24 civil action. 


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

2 to which this section applies shall ensure that access 

3 to records of video and audio surveillance is limited 

4 to the purposes described in this paragraph and not 

5 used as part of a labor action against a crew mem6 ber or employment dispute unless used in a criminal 

7 or civil action. 

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

9 vessel to which this section applies shall retain all records 

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

11 after the footage is obtained. Any video and audio surveil12 lance found to be associated with an alleged incident 

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

14 date of the alleged incident. The Federal Bureau of Inves15 tigation and the Coast Guard are authorized access to all 

16 records of video and audio surveillance relevant to an in17 vestigation into criminal conduct. 

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

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

20 or other individual in charge of a vessel. 

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

22 vessels, and fish tender vessels are exempt from this sec23 tion.’’. 

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

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


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1 by adding after the item related to chapter 47 the fol2 lowing: 

‘‘49. Oceangoing Non-Passenger Commercial Vessels ........ 4901’’. 

3 SEC. 608. MASTER KEY CONTROL. 

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

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 3106. Master key control system 

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

9 inspection under section 3301 shall— 

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

11 vessel master key control system, manual or elec12 tronic, which provides controlled access to all copies 

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

14 be available to the individuals described in para15 graph (2); 

16 ‘‘(2) establish a list of all crew, identified by po17 sition, allowed to access and use the master key and 

18 maintain such list upon the vessel, within owner 

19 records and included in the vessel safety manage20 ment system; 

21 ‘‘(3) record in a log book information on all ac22 cess and use of the vessel’s master key, including— 

23 ‘‘(A) dates and times of access; 

24 ‘‘(B) the room or location accessed; and 


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1 ‘‘(C) the name and rank of the crew mem2 ber that used the master key; and 

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

4 log book under paragraph (3) available upon request 

5 to any agent of the Federal Bureau of Investigation, 

6 any member of the Coast Guard, and any law en7 forcement officer performing official duties in the 

8 course and scope of an investigation. 

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

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

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

12 immediately notify the master and owner of the vessel fol13 lowing use of such key. 

14 ‘‘(c) REQUIREMENTS FOR LOG BOOK.—The log book 

15 described in subsection (a)(3) and required to be included 

16 in a safety management system under section 

17 3203(a)(6)— 

18 ‘‘(1) may be electronic; and 

19 ‘‘(2) shall be located in a centralized location 

20 that is readily accessible to law enforcement per21 sonnel. 

22 ‘‘(d) PENALTY.—Any crew member who uses the 

23 master key without having been granted access pursuant 

24 to subsection (a)(2) shall be liable to the United States 

25 Government for a civil penalty of not more than $1,000 


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1 and may be subject to suspension or revocation under sec2 tion 7703. 

3 ‘‘(e) EXEMPTION.—This section shall not apply to 

4 vessels subject to section 3507(f).’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for chap6 ter 31 of title 46, United States Code, is amended by add7 ing at the end the following: 

‘‘3106. Master key control system.’’. 

8 SEC. 609. SAFETY MANAGEMENT SYSTEMS. 

9 Section 3203 of title 46, United States Code, is 

10 amended— 

11 (1) in subsection (a)— 

12 (A) by redesignating paragraphs (5) and 

13 (6) as paragraphs (7) and (8); and 

14 (B) by inserting after paragraph (4) the 

15 following: 

16 ‘‘(5) with respect to sexual harassment and sex17 ual assault, procedures for, and annual training re18 quirements for all shipboard personnel on— 

19 ‘‘(A) prevention; 

20 ‘‘(B) bystander intervention; 

21 ‘‘(C) reporting; 

22 ‘‘(D) response; and 

23 ‘‘(E) investigation; 

24 ‘‘(6) the log book required under section 

25 3106;’’; 


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1 (2) by redesignating subsections (b) and (c) as 

2 subsections (c) and (d), respectively; and 

3 (3) by inserting after subsection (a) the fol4 lowing: 

5 ‘‘(b) PROCEDURES AND TRAINING REQUIRE6 MENTS.—In prescribing regulations for the procedures 

7 and training requirements described in subsection (a)(5), 

8 such procedures and requirements shall be consistent with 

9 the requirements to report sexual harassment or sexual 

10 assault under section 10104.’’. 

11 SEC. 610. REQUIREMENT TO REPORT SEXUAL ASSAULT 

12 AND HARASSMENT. 

13 Section 10104 of title 46, United States Code, is 

14 amended by striking subsections (a) and (b) and inserting 

15 the following: 

16 ‘‘(a) MANDATORY REPORTING BY CREW MEMBER.— 

17 ‘‘(1) IN GENERAL.—A crew member of a docu18 mented vessel shall report to the Secretary any com19 plaint or incident of sexual harassment or sexual as20 sault of which the crewmember has first-hand or 

21 personal knowledge. 

22 ‘‘(2) PENALTY.—A crew member with first23 hand or personal knowledge of a sexual assault or 

24 sexual harassment incident on a documented vessel 

25 who knowingly fails to report in compliance with 


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1 paragraph (a)(1) is liable to the United States Gov2 ernment for a civil penalty of not more than $5,000. 

3 ‘‘(3) AMNESTY.—A crew member who fails to 

4 make the required reporting under paragraph (1) 

5 shall not be subject to the penalty described in para6 graph (2) if— 

7 ‘‘(A) the crew member is the victim of such 

8 sexual assault or sexual harassment incident; 

9 ‘‘(B) the complaint is shared in confidence 

10 with the crew member directly from the victim; 

11 or 

12 ‘‘(C) the crew member is a victim advocate 

13 as defined in section 40002(a) of the Violent 

14 Crime Control and Law Enforcement Act of 

15 1994 (34 U.S.C. 12291(a)). 

16 ‘‘(b) MANDATORY REPORTING BY VESSEL OWNER.— 

17 ‘‘(1) IN GENERAL.—A vessel owner or man18 aging operator of a documented vessel or the em19 ployer of a seafarer on that vessel shall report to the 

20 Secretary any complaint or incident of harassment, 

21 sexual harassment, or sexual assault in violation of 

22 employer policy or law, of which such vessel owner 

23 or managing operator of a vessel engaged in com24 mercial service, or the employer of the seafarer is 

25 made aware. Such reporting shall include results of 


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1 any investigation into the incident, if applicable, and 

2 any action taken against the offending crewmember. 

3 ‘‘(2) PENALTY.—A vessel owner or managing 

4 operator of a vessel engaged in commercial service, 

5 or the employer of a seafarer on that vessel who 

6 knowingly fails to report in compliance with para7 graph (1) is liable to the United States Government 

8 for a civil penalty of not more than $25,000. 

9 ‘‘(c) REPORTING PROCEDURES.— 

10 ‘‘(1) CREW MEMBER REPORTING.—A report re11 quired under subsection (a)— 

12 ‘‘(A) with respect to a crew member, shall 

13 be made as soon as practicable, but no later 

14 than 10 days after the crew member develops 

15 first-hand or personal knowledge of the sexual 

16 assault or sexual harassment incident to the 

17 Coast Guard National Command Center by the 

18 fastest telecommunication channel available; 

19 and 

20 ‘‘(B) with respect to a master, shall be 

21 made immediately after the master develops 

22 first-hand or personal knowledge of a sexual as23 sault incident to the Coast Guard National 

24 Command Center by the fastest telecommuni25 cation channel available. 


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1 ‘‘(2) VESSEL OWNER REPORTING.—A report re2 quired under subsection (b) shall be made imme3 diately after the vessel owner, managing operator, or 

4 employer of the seafarer gains knowledge of a sexual 

5 assault or sexual harassment incident by the fastest 

6 telecommunication channel available, and such re7 port shall be made to the Coast Guard National 

8 Command Center and to— 

9 ‘‘(A) the nearest Coast Guard Captain of 

10 the Port; or 

11 ‘‘(B) the appropriate officer or agency of 

12 the government of the country in whose waters 

13 the incident occurs. 

14 ‘‘(3) CONTENTS.—A report required under sub15 sections (a) and (b) shall include, to the best of the 

16 reporter’s knowledge— 

17 ‘‘(A) the name, official position or role in 

18 relation to the vessel, and contact information 

19 of the individual making the report; 

20 ‘‘(B) the name and official number of the 

21 documented vessel; 

22 ‘‘(C) the time and date of the incident; 

23 ‘‘(D) the geographic position or location of 

24 the vessel when the incident occurred; and 


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1 ‘‘(E) a brief description of the alleged sex2 ual harassment or sexual assault being re3 ported. 

4 ‘‘(4) INFORMATION COLLECTION.—After receipt 

5 of the report made under this subsection, the Coast 

6 Guard will collect information related to the identity 

7 of each alleged victim, alleged perpetrator, and wit8 ness through means designed to protect, to the ex9 tent practicable, the personal identifiable informa10 tion of such individuals. 

11 ‘‘(d) REGULATIONS.—The requirements of this sec12 tion are effective as of the date of enactment of the Don 

13 Young Coast Guard Authorization Act of 2022. The Sec14 retary may issue additional regulations to implement the 

15 requirements of this section.’’. 

16 SEC. 611. CIVIL ACTIONS FOR PERSONAL INJURY OR 

17 DEATH OF SEAMEN. 

18 (a) PERSONAL INJURY TO OR DEATH OF SEAMEN.— 

19 Section 30104(a) of title 46, United States Code, as so 

20 designated by section 505(a)(1), is amended by inserting 

21 ‘‘, including an injury resulting from sexual assault or sex22 ual harassment,’’ after ‘‘in the course of employment’’. 

23 (b) TIME LIMIT ON BRINGING MARITIME ACTION.— 

24 Section 30106 of title 46, United States Code, is amend25 ed— 


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1 (1) in the section heading by striking ‘‘for 

2 personal injury or death’’; 

3 (2) by striking ‘‘Except as otherwise’’ and in4 serting the following: 

5 ‘‘(a) IN GENERAL.—Except as otherwise’’; and 

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

7 ‘‘(b) EXTENSION FOR SEXUAL OFFENSE.—A civil ac8 tion under subsection (a) arising out of a maritime tort 

9 for a claim of sexual harassment or sexual assault shall 

10 be brought not more than 5 years after the cause of action 

11 for a claim of sexual harassment or sexual assault arose.’’. 

12 (c) CLERICAL AMENDMENT.—The analysis for chap13 ter 301 of title 46, United States Code, is amended by 

14 striking the item related to section 30106 and inserting 

15 the following: 

‘‘30106. Time limit on bringing maritime action.’’. 

16 SEC. 612. ADMINISTRATION OF SEXUAL ASSAULT FORENSIC 

17 EXAMINATION KITS. 

18 (a) IN GENERAL.—Chapter 5 of title 14, United 

19 States Code, is amended by adding at the end the fol20 lowing: 

21 ‘‘§ 564. Administration of sexual assault forensic ex22 amination kits 

23 ‘‘(a) REQUIREMENT.—A Coast Guard vessel that em24 barks on a covered voyage shall be— 


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1 ‘‘(1) equipped with no less than 2 sexual as2 sault and forensic examination kits; and 

3 ‘‘(2) staffed with at least 1 medical professional 

4 qualified and trained to administer such kits. 

5 ‘‘(b) COVERED VOYAGE DEFINED.—In this section, 

6 the term ‘covered voyage’ means a prescheduled voyage 

7 of a Coast Guard vessel that, at any point during such 

8 voyage— 

9 ‘‘(1) would require the vessel to travel 5 con10 secutive days or longer at 20 knots per hour to 

11 reach a land-based or afloat medical facility; and 

12 ‘‘(2) aeromedical evacuation will be unavailable 

13 during the travel period referenced in paragraph 

14 (1).’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 for chapter 5 of title 14, United States Code, is amended 

17 by adding at the end the following: 

‘‘564. Administration of sexual assault forensic examination kits.’’. 

18 TITLE VII—TECHNICAL AND 

19 CONFORMING PROVISIONS 

20 SEC. 701. TECHNICAL CORRECTIONS. 

21 (a) Section 319(b) of title 14, United States Code, 

22 is amended by striking ‘‘section 331 of the FAA Mod23 ernization and Reform Act of 2012 (49 U.S.C. 40101 

24 note)’’ and inserting ‘‘section 44801 of title 49’’. 


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1 (b) Section 1156(c) of title 14, United States Code, 

2 is amended by striking ‘‘section 331 of the FAA Mod3 ernization and Reform Act of 2012 (49 U.S.C. 40101 

4 note)’’ and inserting ‘‘section 44801 of title 49’’. 

5 SEC. 702. TRANSPORTATION WORKER IDENTIFICATION 

6 CREDENTIAL TECHNICAL AMENDMENTS. 

7 (a) IN GENERAL.—Section 70105 of title 46, United 

8 States Code, is amended— 

9 (1) in the section heading by striking ‘‘secu10 rity cards’’ and inserting ‘‘worker identifica11 tion credentials’’; 

12 (2) by striking ‘‘transportation security card’’ 

13 each place it appears and inserting ‘‘transportation 

14 worker identification credential’’; 

15 (3) by striking ‘‘transportation security cards’’ 

16 each place it appears and inserting ‘‘transportation 

17 worker identification credentials’’; 

18 (4) by striking ‘‘card’’ each place it appears 

19 and inserting ‘‘credential’’ 

20 (5) in the heading for subsection (b) by striking 

21 ‘‘CARDS’’ and inserting ‘‘CREDENTIALS’’; 

22 (6) in subsection (g), by striking ‘‘Assistant 

23 Secretary of Homeland Security for’’ and inserting 

24 ‘‘Administrator of’’; 


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1 (7) by striking subsection (i) and redesignating 

2 subsections (j) and (k) as subsections (i) and (j), re3 spectively; 

4 (8) by striking subsection (l) and redesignating 

5 subsections (m) through (q) as subsections (k) 

6 through (o), respectively; 

7 (9) in subsection (j), as so redesignated— 

8 (A) in the subsection heading by striking 

9 ‘‘SECURITY CARD’’ and inserting ‘‘WORKER

10 IDENTIFICATION CREDENTIAL’’; and 

11 (B) in the heading for paragraph (2) by 

12 striking ‘‘SECURITY CARDS’’ and inserting 

13 ‘‘WORKER IDENTIFICATION CREDENTIAL’’; 

14 (10) in subsection (k)(1), as so redesignated, by 

15 striking ‘‘subsection (k)(3)’’ and inserting ‘‘sub16 section (j)(3)’’; and 

17 (11) in subsection (o), as so redesignated— 

18 (A) in the subsection heading by striking 

19 ‘‘SECURITY CARD’’ and inserting ‘‘WORKER

20 IDENTIFICATION CREDENTIAL’’; 

21 (B) in paragraph (1)— 

22 (i) by striking ‘‘subsection (k)(3)’’ and 

23 inserting ‘‘subsection (j)(3)’’; and 


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1 (ii) by striking ‘‘This plan shall’’ and 

2 inserting ‘‘Such receipt and activation 

3 shall’’; and 

4 (C) in paragraph (2) by striking ‘‘on-site 

5 activation capability’’ and inserting ‘‘on-site re6 ceipt and activation of transportation worker 

7 identification credentials’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for chap9 ter 701 of title 46, United States Code, is amended by 

10 striking the item related to section 70105 and inserting 

11 the following: 

‘‘70105. Transportation worker identification credentials.’’. 

12 SEC. 703. REINSTATEMENT. 

13 (a) REINSTATEMENT.—The text of section 12(a) of 

14 the Act of June 21, 1940 (33 U.S.C. 522(a)), popularly 

15 known as the Truman-Hobbs Act, is— 

16 (1) reinstated as it appeared on the day before 

17 the date of enactment of section 8507(b) of the Wil18 liam M. (Mac) Thornberry National Defense Author19 ization Act for Fiscal Year 2021 (Public Law 116– 

20 283); and 

21 (2) redesignated as the sole text of section 12 

22 of the Act of June 21, 1940 (33 U.S.C. 522). 

23 (b) EFFECTIVE DATE.—The provision reinstated by 

24 subsection (a) shall be treated as if such section 8507(b) 

25 had never taken effect. 


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1 (c) CONFORMING AMENDMENT.—The provision rein2 stated under subsection (a) is amended by striking ‘‘, ex3 cept to the extent provided in this section’’. 

4 SEC. 704. DETERMINATION OF BUDGETARY EFFECTS. 

5 The budgetary effects of this Act, for the purpose of 

6 complying with the Statutory Pay-As-You-Go Act of 2010, 

7 shall be determined by reference to the latest statement 

8 titled ‘‘Budgetary Effects of PAYGO Legislation for this 

9 Act’’, submitted for printing in the Congressional Record 

10 by the Chairman of the House Budget Committee, pro11 vided that such statement has been submitted prior to the 

12 vote on passage. 

Passed the House of Representatives March 29, 

2022. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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