IB 

Union Calendar No. 209 

117TH CONGRESS 

2D SESSION H. R. 6865 

[Report No. 117–282] 

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

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2022 

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

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

on Transportation and Infrastructure 

MARCH 29, 2022 

Additional sponsor: Mr. GARAMENDI

MARCH 29, 2022 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 28, 2022] 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 6865 RH

A BILL 

To authorize appropriations for the Coast Guard, and for 

other purposes. 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 6865 RH

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AUTHORIZATION 

Sec. 101. Authorization of appropriations. 

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

Sec. 103. Shoreside infrastructure and facilities. 

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. 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•HR 6865 RH

TITLE III—MARITIME 

Subtitle A—Shipping 

Sec. 301. Nonoperating individual. 

Sec. 302. Oceanographic research vessels. 

Sec. 303. Atlantic Coast port access routes briefing. 

Subtitle B—Vessel Safety 

Sec. 304. Fishing vessel safety. 

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

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

Sec. 307. Automatic identification system requirements. 

Subtitle C—Shipbuilding Program 

Sec. 308. Loans for retrofitting to qualify as a vessel of the United States. 

Sec. 309. Qualified vessel. 

Sec. 310. Establishing a capital construction fund. 

TITLE IV—MISCELLANEOUS 

Subtitle A—Navigation 

Sec. 401. Restriction on changing salvors. 

Sec. 402. Towing vessel inspection fees. 

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

grounds. 

Sec. 404. Aquatic Nuisance Species Task Force. 

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

Subtitle B—Other Matters 

Sec. 406. Information on type approval certificates. 

Sec. 407. Passenger vessel security and safety requirements. 

Sec. 408. Cargo waiting time reduction. 

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

Sec. 410. Port Coordination Council for Point Spencer. 

Sec. 411. Alaska oil spill planning criteria. 

Sec. 412. Nonapplicability. 

Sec. 413. Report on enforcement of coastwise laws. 

Sec. 414. Land conveyance, Sharpe Army Depot, Lathrop, California. 

Sec. 415. Center of Expertise for Marine Environmental Response. 

Sec. 416. Prohibition on entry and operation. 

Sec. 417. St. Lucie River railroad bridge. 

Sec. 418. Assistance related to marine mammals. 

Sec. 419. Manning and crewing requirements for certain vessels, vehicles, and 

structures. 

TITLE V—SEXUAL ASSAULT AND SEXUAL HARASSMENT 

PREVENTION AND RESPONSE 

Sec. 501. Definitions. 

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

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


pbinns on DSKJLVW7X2PROD with BILLS
5 

•HR 6865 RH

Sec. 504. Accommodation; notices. 

Sec. 505. Protection against discrimination. 

Sec. 506. Alcohol prohibition. 

Sec. 507. Surveillance requirements. 

Sec. 508. Master key control. 

Sec. 509. Safety management systems. 

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

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

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

TITLE VI—TECHNICAL, CONFORMING, AND CLARIFYING 

AMENDMENTS 

Sec. 601. Technical corrections. 

Sec. 602. Transportation worker identification credential technical amendments. 

Sec. 603. Reinstatement. 

1 TITLE I—AUTHORIZATION 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

3 Section 4902 of title 14, United States Code, is amend4 ed— 

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

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

7 2022 and 2023’’; 

8 (2) in paragraph (1)— 

9 (A) in subparagraph (A)— 

10 (i) by striking ‘‘$8,151,620,850 for fis11 cal year 2020’’ and inserting 

12 ‘‘$9,282,360,000 for fiscal year 2022’’; and 

13 (ii) by striking ‘‘$8,396,169,475 for fis14 cal year 2021’’ and inserting 

15 ‘‘$10,210,596,000 for fiscal year 2023’’; 

16 (B) in subparagraph (B) by striking 

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


pbinns on DSKJLVW7X2PROD with BILLS
6 

•HR 6865 RH

1 (C) in subparagraph (C) by striking 

2 ‘‘$17,376,000’’ and inserting ‘‘$18,077,990’’; 

3 (3) in paragraph (2)— 

4 (A) in subparagraph (A)— 

5 (i) by striking ‘‘$2,794,745,000 for fis6 cal year 2020’’ and inserting 

7 ‘‘$3,312,114,000 for fiscal year 2022’’; and 

8 (ii) by striking ‘‘$3,312,114,000 for fis9 cal year 2021’’ and inserting 

10 ‘‘$3,477,600,000 for fiscal year 2023’’; and 

11 (B) in subparagraph (B)— 

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

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

14 fiscal year 2022’’; and 

15 (ii) by striking ‘‘$20,000,000 for fiscal 

16 year 2021’’ and inserting ‘‘$20,808,000 for 

17 fiscal year 2023’’; 

18 (4) in paragraph (3)— 

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

20 2020’’ and inserting ‘‘$14,393,220 for fiscal year 

21 2022’’; and 

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

23 2021’’ and inserting ‘‘$14,681,084 for fiscal year 

24 2023’’; and 

25 (5) in paragraph (4)— 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•HR 6865 RH

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

2 year 2020’’ and inserting ‘‘$213,393,180 for fis3 cal year 2022’’; and 

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

5 year 2021’’ and inserting ‘‘$217,661,044 for fis6 cal year 2023’’. 

7 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

8 AND TRAINING. 

9 Section 4904 of title 14, United States Code, is amend10 ed— 

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

12 2020 and 2021’’ and inserting ‘‘fiscal years 2022 and 

13 2023’’; and 

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

15 2020 and 2021’’ and inserting ‘‘fiscal years 2022 and 

16 2023’’. 

17 SEC. 103. SHORESIDE INFRASTRUCTURE AND FACILITIES. 

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

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

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

21 $585,000,000 shall be authorized for the Secretary of the 

22 department in which the Coast Guard is operating to fund 

23 the acquisition, construction, rebuilding, or improvement of 

24 Coast Guard shoreside infrastructure and facilities nec25 essary to support Coast Guard operations and readiness. 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•HR 6865 RH

1 (b) BALTIMORE COAST GUARD YARD.—Of the amounts 

2 set aside under subsection (a), up to $175,000,000 shall be 

3 authorized to improve facilities at the Coast Guard Yard 

4 in Baltimore, Maryland, including improvements to piers 

5 and wharves, dry dock, capital equipment utilities, or 

6 dredging necessary to facilitate access to such Yard. 

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

8 aside under subsection (a), up to $60,000,000 shall be au9 thorized to fund Phase I, in fiscal year 2022, and Phase 

10 II, in fiscal year 2023, for the recapitalization of the bar11 racks at the United States Coast Guard Training Center 

12 Cape May in Cape May, New Jersey. 

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

14 projects with funds authorized under this section, the Coast 

15 Guard shall mitigate, to the greatest extent practicable, nat16 ural hazard risks identified in any Shore Infrastructure 

17 Vulnerability Assessment for Phase I related to such 

18 projects. 

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

20 set aside under subsection (a), up to $1,200,000 shall be 

21 authorized to fund a construction project to— 

22 (1) complete repairs to the Station, New York, 

23 waterfront, including repairs to the concrete pier; and 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•HR 6865 RH

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

2 South Breakwater and Ice Screen, the North Break3 water and Ice Screen, and the seawall. 

4 SEC. 104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF 

5 ADDITIONAL CUTTERS. 

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

7 appropriated under— 

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

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

10 for fiscal year 2022; 

11 (A) $300,000,000 shall be authorized for the 

12 acquisition of a twelfth National Security Cut13 ter; and 

14 (B) $210,000,000 shall be authorized for the 

15 acquisition of 3 Fast Response Cutters; and 

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

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

18 for fiscal year 2023; 

19 (A) $300,000,000 shall be authorized for the 

20 acquisition of a twelfth National Security Cut21 ter; and 

22 (B) $210,000,000 shall be authorized for the 

23 acquisition of 3 Fast Response Cutters. 

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

25 acquired using amounts authorized under subsection (a) 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•HR 6865 RH

1 shall be in addition to the National Security Cutters and 

2 Fast Response Cutters approved under the existing acquisi3 tion baseline in the program of record for the National Se4 curity Cutter and Fast Response Cutter. 

5 (c) GREAT LAKES ICEBREAKER ACQUISITION.—Of the 

6 amounts authorized to be appropriated under section 

7 4902(2)(A)(ii) of title 14, United States Code— 

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

9 authorized for the acquisition of a Great Lakes ice10 breaker at least as capable as Coast Guard Cutter 

11 Mackinaw (WLBB–30); and 

12 (2) for fiscal year 2023, $20,000,000 shall be au13 thorized for the design and selection of icebreaking 

14 cutters for operation in the Great Lakes, the North15 eastern United States, and the Arctic, as appropriate, 

16 that are at least as capable as the Coast Guard 140- 

17 foot icebreaking tugs. 

18 (d) DRUG AND MIGRANT INTERDICTION.—Of the Fast 

19 Response Cutters authorized for acquisition under sub20 section (a), at least 1 shall be used for drug and migrant 

21 interdiction in the Caribbean Basin (including the Gulf of 

22 Mexico). 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•HR 6865 RH

1 TITLE II—COAST GUARD 

2 Subtitle A—Military Personnel 

3 Matters 

4 SEC. 201. AUTHORIZED STRENGTH. 

5 Section 3702 of title 14, United States Code, is amend6 ed by adding at the end the following: 

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

8 strength of the Coast Guard Selected Reserves for a fiscal 

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

10 end strength upon a determination by the Secretary that 

11 varying such authorized end strength is in the national in12 terest. 

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

14 end strength of the Coast Guard Selected Reserves by a 

15 number equal to not more than 2 percent of such authorized 

16 end strength upon a determination by the Commandant 

17 that such increase would enhance manning and readiness 

18 in essential units or in critical specialties or ratings.’’. 

19 SEC. 202. CONTINUATION OF OFFICERS WITH CERTAIN 

20 CRITICAL SKILLS ON ACTIVE DUTY. 

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

22 States Code, is amended by inserting after section 2165 the 

23 following: 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•HR 6865 RH

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

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

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

5 duty after the date otherwise provided for the retirement 

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

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

8 designated pursuant to subsection (b). 

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

10 FIELD.—The Commandant shall designate any critical 

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

12 active duty as provided in subsection (a). 

13 ‘‘(c) DURATION OF CONTINUATION.—An officer contin14 ued on active duty pursuant to this section shall, if not 

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

16 the month in which the officer completes 40 years of active 

17 service. 

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

19 section by prescribing policy which shall specify the criteria 

20 to be used in designating any critical skill, specialty, or 

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

22 (b) CLERICAL AMENDMENT.—The analysis for chapter 

23 21 of title 14, United States Code, is amended by inserting 

24 after the item relating to section 2165 the following: 

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

skills.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
13 

•HR 6865 RH

1 SEC. 203. NUMBER AND DISTRIBUTION OF OFFICERS ON AC2 TIVE DUTY PROMOTION LIST. 

3 (a) MAXIMUM NUMBER OF OFFICERS.—Section 

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

5 as follows: 

6 ‘‘(a) MAXIMUM TOTAL NUMBER.— 

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

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

11 ‘‘(A) 7,100 in fiscal year 2022; 

12 ‘‘(B) 7,200 in fiscal year 2023; 

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

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

15 subsequent fiscal year. 

16 ‘‘(2) TEMPORARY INCREASE.—Notwithstanding 

17 paragraph (1), the Commandant may temporarily in18 crease the total number of commissioned officers per19 mitted under such paragraph by up to 2 percent for 

20 no more than 60 days following the date of the com21 missioning of a Coast Guard Academy class. 

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

23 after exceeding the total number of commissioned offi24 cers permitted under paragraph (1), and each 30 

25 days thereafter until the total number of commis26 sioned officers no longer exceeds the number of such 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•HR 6865 RH

1 officers permitted under paragraph (1), the Com2 mandant shall notify the Committee on Transpor3 tation and Infrastructure of the House of Representa4 tives and the Committee on Commerce, Science, and 

5 Transportation of the Senate of the number of officers 

6 on the active duty promotion list on the last day of 

7 the preceding 30-day period.’’. 

8 (b) OFFICERS NOT ON ACTIVE DUTY PROMOTION

9 LIST.— 

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

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘§ 5113. Officers not on active duty promotion list 

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

15 President submits to Congress a budget pursuant to section 

16 1105 of title 31, the Commandant shall submit to the Com17 mittee on Transportation and Infrastructure of the House 

18 of Representatives and the Committee on Commerce, 

19 Science, and Transportation of the Senate the number of 

20 Coast Guard officers serving at other Federal entities on 

21 a reimbursable basis but not on the active duty promotion 

22 list.’’. 

23 (2) CLERICAL AMENDMENT.—The analysis for 

24 chapter 51 of title 14, United States Code, is amended 

25 by adding at the end the following: 

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


pbinns on DSKJLVW7X2PROD with BILLS
15 

•HR 6865 RH

1 SEC. 204. COAST GUARD BEHAVIORAL HEALTH POLICY. 

2 (a) INTERIM BEHAVIORAL HEALTH POLICY.—Not 

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

4 the Commandant of the Coast Guard shall establish an in5 terim behavioral health policy for members of the Coast 

6 Guard equivalent to the policy described in section 5.28 (re7 lating to behavioral health) of Department of Defense In8 struction 6130.03, volume 2, ‘‘Medical Standards for Mili9 tary Service: Retention’’. 

10 (b) TERMINATION.—The interim policy established 

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

12 on which the Commandant issues a permanent behavior 

13 health policy for members of the Coast Guard which is, to 

14 the extent practicable, equivalent to such section 5.28. 

15 SEC. 205. IMPROVING REPRESENTATION OF WOMEN AND 

16 OF RACIAL AND ETHNIC MINORITIES AMONG 

17 COAST GUARD ACTIVE-DUTY MEMBERS. 

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

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

20 Guard shall— 

21 (1) determine which recommendations in the 

22 RAND representation report can practicably be im23 plemented to promote improved representation in the 

24 Coast Guard of— 

25 (A) women; and 

26 (B) racial and ethnic minorities; and 


pbinns on DSKJLVW7X2PROD with BILLS
16 

•HR 6865 RH

1 (2) submit to the Committee on Transportation 

2 and Infrastructure of the House of Representatives 

3 and the Committee on Commerce, Science, and Trans4 portation of the Senate a report on the actions the 

5 Commandant has taken, or plans to take, to imple6 ment such recommendations. 

7 (b) CURRICULUM AND TRAINING.—The Commandant 

8 shall update, to reflect actions described under subsection 

9 (a)(2), the curriculum and training materials used at— 

10 (1) officer accession points, including the Coast 

11 Guard Academy and the Leadership Development 

12 Center; 

13 (2) enlisted member accession at the United 

14 States Coast Guard Training Center Cape May in 

15 Cape May, New Jersey; and 

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

17 leadership courses managed by the Leadership Devel18 opment Center. 

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

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

21 the Representation of Women and Racial/Ethnic Minorities 

22 Among U.S. Coast Guard Active-Duty Members’’ issued by 

23 the Homeland Security Operational Analysis Center of the 

24 RAND Corporation on August 11, 2021. 


pbinns on DSKJLVW7X2PROD with BILLS
17 

•HR 6865 RH

1 Subtitle B—Operational Matters 

2 SEC. 206. PILOT PROJECT FOR ENHANCING COAST GUARD 

3 CUTTER READINESS THROUGH CONDITION4 BASED MAINTENANCE. 

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

6 date of enactment of this Act, the Commandant of the Coast 

7 Guard shall conduct a pilot project to enhance cutter readi8 ness and reduce lost patrol days through the deployment 

9 of commercially developed condition-based program stand10 ards for cutter maintenance, in accordance with the criteria 

11 set forth in subsection (b). 

12 (b) CRITERIA FOR CONDITION-BASED MAINTENANCE

13 EVALUATION.—In conducting the pilot project under sub14 section (a), the Commandant shall— 

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

16 class of cutters under construction with respect to 

17 which the application of the pilot project would en18 hance readiness; 

19 (2) use commercially developed condition-based 

20 program standards similar to those applicable to pri21 vately owned and operated vessels or vessels owned or 

22 operated by other Federal agencies (such as those cur23 rently operating under the direction of Military Sea24 lift Command); 


pbinns on DSKJLVW7X2PROD with BILLS
18 

•HR 6865 RH

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

2 the cutters selected under paragraph (1); 

3 (4) install or modify instrumentation capable of 

4 producing full hull, mechanical, and electrical data 

5 necessary to analyze cutter operational conditions 

6 with active maintenance alerts; and 

7 (5) deploy artificial intelligence, prognostic8 based integrated maintenance planning modeled after 

9 standards described in paragraph (2). 

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

11 submit to the Committee on Commerce, Science, and Trans12 portation of the Senate and the Committee on Transpor13 tation and Infrastructure of the House of Representatives— 

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

15 after the date of enactment of this Act on the progress 

16 in carrying out the pilot project described in sub17 section (a); and 

18 (2) a final report not later than 2 years after the 

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

20 pilot project described in subsection (a) that in21 cludes— 

22 (A) options to integrate commercially devel23 oped condition-based program standards for cut24 ter maintenance to Coast Guard cutters; and 


pbinns on DSKJLVW7X2PROD with BILLS
19 

•HR 6865 RH

1 (B) plans to deploy commercially developed 

2 condition-based program standards for cutter 

3 maintenance to Coast Guard cutters. 

4 SEC. 207. UNMANNED SYSTEMS STRATEGY. 

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

6 days after the date of enactment of this Act, the Com7 mandant of the Coast Guard shall submit to the Committee 

8 on Transportation and Infrastructure of the House of Rep9 resentatives and the Committee on Commerce, Science, and 

10 Transportation of the Senate a detailed description of the 

11 strategy of the Coast Guard to implement unmanned sys12 tems across mission areas, including— 

13 (1) the steps taken to implement actions rec14 ommended in the consensus study report of the Na15 tional Academies of Sciences, Engineering, and Medi16 cine published on November 12, 2020, titled 

17 ‘‘Leveraging Unmanned Systems for Coast Guard 

18 Missions: A Strategic Imperative’’; 

19 (2) the strategic goals and acquisition strategies 

20 for proposed uses and procurements of unmanned sys21 tems; 

22 (3) a strategy to sustain competition and inno23 vation for procurement of unmanned systems and 

24 services for the Coast Guard, including defining op25 portunities for new and existing technologies; and 


pbinns on DSKJLVW7X2PROD with BILLS
20 

•HR 6865 RH

1 (4) an estimate of the timeline, costs, staff re2 sources, technology, or other resources necessary to ac3 complish the strategy. 

4 (b) PILOT PROJECT.— 

5 (1) AUTONOMOUS CONTROL AND COMPUTER VI6 SION TECHNOLOGY.—The Commandant of the Coast 

7 Guard, acting through the Blue Technology Center of 

8 Expertise, shall conduct a pilot project to retrofit an 

9 existing Coast Guard small boat with— 

10 (A) commercially available autonomous 

11 control and computer vision technology; and 

12 (B) such sensors and methods of commu13 nication as are necessary to demonstrate the 

14 ability of such control and technology to assist in 

15 conducting search and rescue, surveillance, and 

16 interdiction missions. 

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

18 under paragraph (1) shall evaluate commercially 

19 available products in the field and collect operational 

20 data to inform future requirements. 

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

22 completing the pilot project required under paragraph 

23 (1), the Commandant shall brief the Committee on 

24 Transportation and Infrastructure of the House of 

25 Representatives and the Committee on commerce, 


pbinns on DSKJLVW7X2PROD with BILLS
21 

•HR 6865 RH

1 Science, and Transportation of the Senate on the 

2 evaluation of the data derived from the project. 

3 SEC. 208. BUDGETING OF COAST GUARD RELATING TO CER4 TAIN OPERATIONS. 

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

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

7 following: 

8 ‘‘§ 5114. Expenses of performing and executing defense 

9 readiness mission activities 

10 ‘‘The Commandant of the Coast Guard shall include 

11 in the annual budget submission of the President under sec12 tion 1105(a) of title 31, a dedicated budget line item that 

13 adequately represents a calculation of the annual costs and 

14 expenditures of performing and executing all defense readi15 ness mission activities, including— 

16 ‘‘(1) all expenses related to the Coast Guard’s co17 ordination, training, and execution of defense readi18 ness mission activities in the Coast Guard’s capacity 

19 as an Armed Force (as such term is defined in section 

20 101 of title 10) in support of Department of Defense 

21 national security operations and activities or for any 

22 other military department or defense agency (as such 

23 terms are defined in such section); 


pbinns on DSKJLVW7X2PROD with BILLS
22 

•HR 6865 RH

1 ‘‘(2) costs associated with Coast Guard detach2 ments assigned in support of the Coast Guard’s de3 fense readiness mission; and 

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

5 Commandant determines appropriate or otherwise of 

6 interest to Congress.’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for chapter 

8 51 of title 14, United States Code, is further amended by 

9 adding at the end the following: 

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

10 SEC. 209. REPORT ON SAN DIEGO MARITIME DOMAIN 

11 AWARENESS. 

12 Not later than 180 days after the date of enactment 

13 of this Act, the Commandant of the Coast Guard shall sub14 mit to the Committee on Transportation and Infrastructure 

15 of the House of Representatives and the Committee on Com16 merce, Science, and Transportation of the Senate a report 

17 containing— 

18 (1) an overview of the maritime domain aware19 ness in the area of responsibility of the Coast Guard 

20 sector responsible for San Diego, California, includ21 ing— 

22 (A) the average volume of known maritime 

23 traffic that transited the area during fiscal years 

24 2020 through 2022; 


pbinns on DSKJLVW7X2PROD with BILLS
23 

•HR 6865 RH

1 (B) current sensor platforms deployed by 

2 such sector to monitor illicit activity occurring 

3 at sea in such area; 

4 (C) the number of illicit activity incidents 

5 at sea in such area that the sector responded to 

6 during fiscal years 2020 through 2022; 

7 (D) an estimate of the volume of traffic en8 gaged in illicit activity at sea in such area and 

9 the type and description of any vessels used to 

10 carry out illicit activities that such sector re11 sponded to during fiscal years 2020 through 

12 2022; and 

13 (E) the maritime domain awareness re14 quirements to effectively meet the mission of such 

15 sector; 

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

17 Coast Guard to partner with Federal, regional, State, 

18 and local entities to meet the maritime domain 

19 awareness needs of such area; 

20 (3) a description of any gaps in maritime do21 main awareness within the area of responsibility of 

22 such sector resulting from an inability to meet the en23 during maritime domain awareness requirements of 

24 the sector or adequately respond to maritime disorder; 


pbinns on DSKJLVW7X2PROD with BILLS
24 

•HR 6865 RH

1 (4) an identification of current technology and 

2 assets the Coast Guard has to mitigate the gaps iden3 tified in paragraph (3); 

4 (5) an identification of capabilities needed to 

5 mitigate such gaps, including any capabilities the 

6 Coast Guard currently possesses that can be deployed 

7 to the sector; 

8 (6) an identification of technology and assets the 

9 Coast Guard does not currently possess and are need10 ed to acquire in order to address such gaps; and 

11 (7) an identification of any financial obstacles 

12 that prevent the Coast Guard from deploying existing 

13 commercially available sensor technology to address 

14 such gaps. 

15 SEC. 210. GREAT LAKES WINTER SHIPPING. 

16 (a) GREAT LAKES ICEBREAKING OPERATIONS.— 

17 (1) GOVERNMENT ACCOUNTABILITY OFFICE RE18 PORT.— 

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

20 after the date of enactment of this Act, the 

21 Comptroller General of the United States shall 

22 submit to the Committee on Commerce, Science, 

23 and Transportation of the Senate and the Com24 mittee on Transportation and Infrastructure of 


pbinns on DSKJLVW7X2PROD with BILLS
25 

•HR 6865 RH

1 the House of Representatives a report on Coast 

2 Guard icebreaking in the Great Lakes. 

3 (B) ELEMENTS.—The report required under 

4 subparagraph (A) shall— 

5 (i) evaluate— 

6 (I) the economic impact related to 

7 vessel delays or cancellations associated 

8 with ice coverage on the Great Lakes; 

9 (II) the impact the standards pro10 posed in paragraph (2) would have on 

11 Coast Guard operations in the Great 

12 Lakes if such standards were adopted; 

13 (III) the fleet mix of medium ice14 breakers and icebreaking tugs necessary 

15 to meet the standards proposed in 

16 paragraph (2); and 

17 (IV) the resources necessary to 

18 support the fleet described in subclause 

19 (III), including billets for crew and op20 erating costs; and 

21 (ii) make recommendations to the 

22 Commandant for improvements to the Great 

23 Lakes icebreaking program, including with 

24 respect to facilitating shipping and meeting 

25 all Coast Guard mission needs. 


pbinns on DSKJLVW7X2PROD with BILLS
26 

•HR 6865 RH

1 (2) PROPOSED STANDARDS FOR ICEBREAKING

2 OPERATIONS.—The proposed standards, the impact of 

3 the adoption of which is evaluated in subclauses (II) 

4 and (III) of paragraph (1)(B)(i), are the following: 

5 (A) Except as provided in subparagraph 

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

7 Lakes shall be open to navigation not less than 

8 90 percent of the hours that vessels engaged in 

9 commercial service and ferries attempt to transit 

10 such ice-covered waterways. 

11 (B) In a year in which the Great Lakes are 

12 not open to navigation, as described in subpara13 graph (A), because of ice of a thickness that oc14 curs on average only once every 10 years, ice15 covered waterways in the Great Lakes shall be 

16 open to navigation at least 70 percent of the 

17 hours that vessels engaged in commercial service 

18 and ferries attempt to transit such ice-covered 

19 waterways. 

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

21 90 days after the date on which the Comptroller Gen22 eral submits the report under paragraph (1), the 

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

25 the Committee on Transportation and Infrastructure 


pbinns on DSKJLVW7X2PROD with BILLS
27 

•HR 6865 RH

1 of the House of Representatives a report that includes 

2 the following: 

3 (A) A plan for Coast Guard implementation 

4 of any recommendation made by the Comptroller 

5 General under paragraph (1)(B)(ii) with which 

6 the Commandant concurs. 

7 (B) With respect to any recommendation 

8 made under paragraph (1)(B)(ii) with which the 

9 Commandant does not concur, an explanation of 

10 the reasons why the Commandant does not con11 cur. 

12 (C) A review of, and a proposed implemen13 tation plan for, the results of the fleet mix anal14 ysis under paragraph (1)(B)(i)(III). 

15 (D) Any proposed modifications to current 

16 Coast Guard standards for icebreaking oper17 ations in the Great Lakes. 

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

19 following the date of enactment of this Act, the Coast 

20 Guard shall conduct a pilot program to determine the 

21 extent to which the current Coast Guard Great Lakes 

22 icebreaking cutter fleet can meet the proposed stand23 ards described in paragraph (2). 

24 (b) DATA ON ICEBREAKING OPERATIONS IN THE

25 GREAT LAKES.— 


pbinns on DSKJLVW7X2PROD with BILLS
28 

•HR 6865 RH

1 (1) IN GENERAL.—The Commandant shall col2 lect, during ice season, archive, and disseminate data 

3 on icebreaking operations and transits on ice-covered 

4 waterways in the Great Lakes of vessels engaged in 

5 commercial service and ferries. 

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

7 disseminated under paragraph (1) shall include the 

8 following: 

9 (A) Voyages by vessels engaged in commer10 cial service and ferries to transit ice-covered wa11 terways in the Great Lakes that are delayed or 

12 canceled because of the nonavailability of a suit13 able icebreaking vessel. 

14 (B) Voyages attempted by vessels engaged in 

15 commercial service and ferries to transit ice-cov16 ered waterways in the Great Lakes that do not 

17 reach their intended destination because of the 

18 nonavailability of a suitable icebreaking vessel. 

19 (C) The period of time that each vessel en20 gaged in commercial service or ferry was delayed 

21 in getting underway or during a transit of ice22 covered waterways in the Great Lakes due to the 

23 nonavailability of a suitable icebreaking vessel. 

24 (D) The period of time elapsed between each 

25 request for icebreaking assistance by a vessel enVerDate Sep 11 2014 00:08 Mar 30, 2022 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\H6865.RH H6865

pbinns on DSKJLVW7X2PROD with BILLS
29 

•HR 6865 RH

1 gaged in commercial service or ferry and the ar2 rival of a suitable icebreaking vessel and whether 

3 such icebreaking vessel was a Coast Guard or 

4 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 serv8 ice and ferries attempted to transit such water9 ways for each ice season after the date of enact10 ment of this Act. 

11 (F) Relevant communications of each vessel 

12 engaged in commercial service or ferry with the 

13 Coast Guard or commercial icebreaking service 

14 providers with respect to subparagraphs (A) 

15 through (D). 

16 (G) A description of any mitigating cir17 cumstance, such as Coast Guard Great Lakes ice18 breaker diversions to higher priority missions, 

19 that may have contributed to the amount of time 

20 described in subparagraphs (C) and (D) or the 

21 percentage of time described in subparagraph 

22 (E). 

23 (3) VOLUNTARY REPORTING.—Any reporting by 

24 operators of commercial vessels engaged in commerVerDate Sep 11 2014 00:08 Mar 30, 2022 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\H6865.RH H6865

pbinns on DSKJLVW7X2PROD with BILLS
30 

•HR 6865 RH

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 on 

6 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 the 

10 Coast Guard and the development of the data col11 lected, archived, and disseminated under this sub12 section, the Commandant shall consult operators of— 

13 (A) vessels engaged in commercial service; 

14 and 

15 (B) ferries. 

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

17 8105 of the William M. (Mac) Thornberry National Defense 

18 Authorization Act for Fiscal Year 2021 (Public Law 116– 

19 283) is amended by striking subsection (b) and inserting 

20 the following: 

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

22 of enactment of this subsection, the Commandant shall sub23 mit to the Committee on Commerce, Science, and Transpor24 tation of the Senate and the Committee on Transportation 

25 and Infrastructure of the House of Representatives a report 


pbinns on DSKJLVW7X2PROD with BILLS
31 

•HR 6865 RH

1 on the operational benefits and limitations of a common 

2 hull design for icebreaking cutters for operation in the Great 

3 Lakes, the Northeastern United States, and the Arctic, as 

4 appropriate, that are at least as capable as the Coast Guard 

5 140-foot icebreaking tugs.’’. 

6 (d) DEFINITIONS.—In this section: 

7 (1) COMMERCIAL SERVICE.—The term ‘‘commer8 cial service’’ has the meaning given such term in sec9 tion 2101 of title 46, United States Code. 

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

11 (A) has the meaning given such term in sec12 tion 118 of the Federal Water Pollution Control 

13 Act (33 U.S.C. 1268); and 

14 (B) includes harbors adjacent to such 

15 waters. 

16 (3) ICE-COVERED WATERWAY.—The term ‘‘ice17 covered waterway’’ means any portion of the Great 

18 Lakes in which vessels engaged in commercial service 

19 or ferries operate that is 70 percent or greater covered 

20 by ice, but does not include any waters adjacent to 

21 piers or docks for which commercial icebreaking serv22 ices are available and adequate for the ice conditions. 

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

24 navigation’’ means navigable to the extent necessary 

25 to— 


pbinns on DSKJLVW7X2PROD with BILLS
32 

•HR 6865 RH

1 (A) meet the reasonable demands of ship2 ping; 

3 (B) minimize delays to passenger ferries; 

4 (C) extricate vessels and persons from dan5 ger; 

6 (D) prevent damage due to flooding; and 

7 (E) conduct other Coast Guard missions, as 

8 required. 

9 (5) REASONABLE DEMANDS OF SHIPPING.—The 

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

11 safe movement of vessels engaged in commercial serv12 ice and ferries transiting ice-covered waterways in the 

13 Great Lakes to their intended destination, regardless 

14 of type of cargo. 

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

16 SPILL SEARCH AND RESPONSE. 

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

18 Authorization Act of 2018 (14 U.S.C. 313 note) is amended 

19 to read as follows: 

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

21 Lakes’ means— 

22 ‘‘(1) Lake Ontario; 

23 ‘‘(2) Lake Erie; 

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

25 ‘‘(4) Lake Michigan; 


pbinns on DSKJLVW7X2PROD with BILLS
33 

•HR 6865 RH

1 ‘‘(5) Lake Superior; and 

2 ‘‘(6) the connecting channels (including the fol3 lowing rivers and tributaries of such rivers: Saint 

4 Mary’s River, Saint Clair River, Detroit River, Niag5 ara River, Illinois River, Chicago River, Fox River, 

6 Grand River, St. Joseph River, St. Louis River, Me7 nominee River, Muskegon River, Kalamazoo River, 

8 and Saint Lawrence River to the Canadian border).’’. 

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

10 Not later than 120 days after the date of enactment 

11 of this Act, the Secretary of Homeland Security, in con12 sultation with the Secretary of Transportation, shall con13 duct a study on the laydown of Coast Guard Fast Response 

14 Cutters to assess Coast Guard mission readiness and to 

15 identify areas of need for asset coverage. 

16 Subtitle C—Other Matters 

17 SEC. 213. RESPONSES OF COMMANDANT OF THE COAST 

18 GUARD TO SAFETY RECOMMENDATIONS. 

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

20 Code, is amended by adding at the end the following: 

21 ‘‘§ 721. Responses to safety recommendations 

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

23 submission to the Commandant of the Coast Guard of a 

24 recommendation by the National Transportation Safety 

25 Board relating to transportation safety, the Commandant 


pbinns on DSKJLVW7X2PROD with BILLS
34 

•HR 6865 RH

1 shall submit to the Board a written response to each rec2 ommendation, which shall include whether the Com3 mandant— 

4 ‘‘(1) concurs with the recommendation; 

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

6 or 

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

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

9 under subsection (a) shall include— 

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

11 the Commandant concurs, an explanation of the ac12 tions the Commandant intends to take to implement 

13 such recommendation; 

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

15 the Commandant partially concurs, an explanation of 

16 the actions the Commandant intends to take to imple17 ment the portion of such recommendation with which 

18 the Commandant partially concurs; and 

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

20 the Commandant does not concur, the reasons why the 

21 Commandant does not concur with such recommenda22 tion. 

23 ‘‘(c) FAILURE TO RESPOND.—If the Board has not re24 ceived the written response required under subsection (a) 

25 by the end of the time period described in such subsection, 


pbinns on DSKJLVW7X2PROD with BILLS
35 

•HR 6865 RH

1 the Board shall notify the Committee on Transportation 

2 and Infrastructure of the House of Representatives and the 

3 Committee on Commerce, Science, and Transportation of 

4 the Senate that such response has not been received.’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for chapter 

6 7 of title 14, United States Code, is amended by inserting 

7 after the item relating to section 720 the following: 

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

8 SEC. 214. CONVEYANCE OF COAST GUARD VESSELS FOR 

9 PUBLIC PURPOSES. 

10 (a) REDESIGNATION AND TRANSFER.— 

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

12 Guard Authorization Act of 2010 (Public Law 111– 

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

14 States Code, inserted after section 508, redesignated 

15 as section 509, and amended so that the enumerator, 

16 section heading, typeface, and typestyle conform to 

17 those appearing in other sections in title 46, United 

18 States Code. 

19 (2) CLERICAL AMENDMENTS.— 

20 (A) COAST GUARD AUTHORIZATION ACT OF

21 2010.—The table of contents in section 1(b) of the 

22 Coast Guard Authorization Act of 2010 (Public 

23 Law 111–281) is amended by striking the item 

24 relating to section 914. 


pbinns on DSKJLVW7X2PROD with BILLS
36 

•HR 6865 RH

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

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

3 inserting after the item relating to section 508 

4 the following: 

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

5 (b) CONVEYANCE OF COAST GUARD VESSELS FOR

6 PUBLIC PURPOSES.—Section 509 of title 14, United States 

7 Code (as transferred and redesignated under subsection 

8 (a)), is amended— 

9 (1) by amending subsection (a) to read as fol10 lows: 

11 ‘‘(a) IN GENERAL.—At the request of the Com12 mandant, the Administrator of the General Services Ad13 ministration may transfer ownership of a Coast Guard ves14 sel or aircraft to an eligible entity for use for educational, 

15 cultural, historical, charitable, recreational, or other public 

16 purposes if such transfer is authorized by law.’’; and 

17 (2) in subsection (b)— 

18 (A) in paragraph (1)— 

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

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

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

22 date of enactment of the Coast Guard Au23 thorization Act of 2021’’ after ‘‘Code of Fed24 eral Regulations’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
37 

•HR 6865 RH

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

2 effect on the date of enactment of the Coast 

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

4 title’’. 

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

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

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

8 the following: 

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

10 Level 2 acquisition project or program, in addition to 

11 life-cycle cost estimates developed under paragraph 

12 (1), the Commandant shall require that— 

13 ‘‘(A) such life-cycle cost estimates be up14 dated before— 

15 ‘‘(i) each milestone decision is con16 cluded; and 

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

18 new acquisition phase; and 

19 ‘‘(B) an independent cost estimate or inde20 pendent cost assessment, as appropriate, be de21 veloped to validate such life-cycle cost estimates 

22 developed under paragraph (1).’’. 


pbinns on DSKJLVW7X2PROD with BILLS
38 

•HR 6865 RH

1 SEC. 216. NATIONAL COAST GUARD MUSEUM FUNDING 

2 PLAN. 

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

4 amended by striking ‘‘the Inspector General of the depart5 ment in which the Coast Guard is operating’’ and inserting 

6 ‘‘a third party entity qualified to undertake such a certifi7 cation process’’. 

8 SEC. 217. REPORT ON COAST GUARD EXPLOSIVE ORD9 NANCE DISPOSAL. 

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

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

12 Guard shall submit to the Committee on Transportation 

13 and Infrastructure of the House of Representatives and the 

14 Committee on Commerce, Science, and Transportation of 

15 the Senate a report on the viability of establishing an explo16 sive ordnance disposal program (hereinafter referred to as 

17 the ‘‘Program’’) in the Coast Guard. 

18 (b) CONTENTS.—The report required under subsection 

19 (a) shall contain, at a minimum, an explanation of the fol20 lowing with respect to such a Program: 

21 (1) Where within the organizational structure of 

22 the Coast Guard the Program would be located, in23 cluding a discussion of whether the Program should 

24 reside in— 

25 (A) Maritime Safety and Security Teams; 

26 (B) Maritime Security Response Teams; 


pbinns on DSKJLVW7X2PROD with BILLS
39 

•HR 6865 RH

1 (C) a combination of the teams described 

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

3 (D) elsewhere within the Coast Guard. 

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

5 Guard airframe and vessel transportable that would 

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

8 (4) The Coast Guard stations at which— 

9 (A) portable explosives storage magazines 

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

12 (B) explosive ordnance disposal elements 

13 equipment would be pre-positioned. 

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

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

18 (A) counter improvised explosive devices; 

19 (B) counter unexploded ordnance; 

20 (C) combat weapons of destruction; 

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

23 (E) support national security special events. 

24 (6) The career progression of Coast Guardsman 

25 participating in the Program from— 


pbinns on DSKJLVW7X2PROD with BILLS
40 

•HR 6865 RH

1 (A) Seaman Recruit to Command Master 

2 Chief Petty Officer; 

3 (B) Chief Warrant Officer 2 to that of Chief 

4 Warrant Officer 4; and 

5 (C) Ensign to that of Rear Admiral. 

6 (7) Initial and annual budget justification esti7 mates on a single program element of the Program 

8 for— 

9 (A) civilian and military pay with details 

10 on military pay, including special and incentive 

11 pays such as— 

12 (i) officer responsibility pay; 

13 (ii) officer SCUBA diving duty pay; 

14 (iii) officer demolition hazardous duty 

15 pay; 

16 (iv) enlisted SCUBA diving duty pay; 

17 (v) enlisted demolition hazardous duty 

18 pay; 

19 (vi) enlisted special duty assignment 

20 pay at level special duty-5; 

21 (vii) enlisted assignment incentive 

22 pays; 

23 (viii) enlistment and reenlistment bo24 nuses; 


pbinns on DSKJLVW7X2PROD with BILLS
41 

•HR 6865 RH

1 (ix) officer and enlisted full civilian 

2 clothing allowances; 

3 (x) an exception to the policy allowing 

4 a third hazardous duty pay for explosive 

5 ordnance disposal-qualified officers and en6 listed; and 

7 (xi) parachutist hazardous duty pay; 

8 (B) research, development, test, and evalua9 tion; 

10 (C) procurement; 

11 (D) other transaction agreements; 

12 (E) operations and support; and 

13 (F) overseas contingency operations. 

14 SEC. 218. PRIBILOF ISLAND TRANSITION COMPLETION AC15 TIONS. 

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

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

18 is amended— 

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

20 and inserting ‘‘6 years’’; and 

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

22 and inserting ‘‘120 days’’. 

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

24 later than 90 days after enactment of this Act, and quar25 terly thereafter, the Secretary of the department in which 


pbinns on DSKJLVW7X2PROD with BILLS
42 

•HR 6865 RH

1 the Coast Guard is operating shall submit to the Committee 

2 on Transportation and Infrastructure of the House of Rep3 resentatives and the Committee on Commerce, Science, and 

4 Transportation of the Senate a report describing— 

5 (1) the degree to which Coast Guard personnel 

6 and equipment are deployed to St. Paul Island, Alas7 ka, in actual occupancy of the facilities, as required 

8 under section 524 of the Pribilof Island Transition 

9 Completion Act of 2016 (Public Law 114–120); and 

10 (2) the status of the activities described in sub11 sections (c) and (d) until such activities have been 

12 completed. 

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

14 (1) enter into a lease for a hangar to house de15 ployed Coast Guard aircraft if such hanger was pre16 viously under lease by the Coast Guard for purposes 

17 of housing such aircraft; and 

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

19 of such a hanger in which the Secretary may carry 

20 out repairs necessary to support the deployment of 

21 such aircraft and the cost such repairs may be offset 

22 under the terms of the lease. 

23 (d) FUEL TANK.— 

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

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


pbinns on DSKJLVW7X2PROD with BILLS
43 

•HR 6865 RH

1 shall determine whether the fuel tank located on St. 

2 Paul Island, Alaska, that is owned by the Coast 

3 Guard is needed for Coast Guard operations. 

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

5 Secretary determines such tank is not needed for oper6 ations, the Secretary shall, not later than 90 days 

7 after making such determination, transfer such tank 

8 to the Alaska Native Village Corporation for St. Paul 

9 Island, Alaska. 

10 (3) FAIR MARKET VALUE EXCEPTION.—The Sec11 retary may only carry out a transfer under para12 graph (2) if the fair market value of such tank is less 

13 than the aggregate value of any lease payments for 

14 the property on which the tank is located that the 

15 Coast Guard would have paid to the Alaska Native 

16 Village Corporation for St. Paul Island, Alaska, had 

17 such lease been extended at the same rate. 

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

19 construed to limit any rights of the Alaska Native Village 

20 Corporation for St. Paul to receive conveyance of all or part 

21 of the lands and improvements related to Tract 43 under 

22 the same terms and conditions as prescribed in section 524 

23 of the Pribilof Island Transition Completion Act of 2016 

24 (Public Law 114–120). 


pbinns on DSKJLVW7X2PROD with BILLS
44 

•HR 6865 RH

1 SEC. 219. NOTIFICATION OF COMMUNICATION OUTAGES. 

2 Not later than 180 days after the date of enactment 

3 of this Act, the Commandant of the Coast Guard shall sub4 mit to the Committee on Transportation and Infrastructure 

5 of the House of Representatives and the Committee on Com6 merce, Science, and Transportation of the Senate a report 

7 that— 

8 (1) contains a plan for the Coast Guard to no9 tify mariners of radio outages for towers owned and 

10 operated by the Coast Guard in District 17; 

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

12 in District 17 will— 

13 (A) disseminate outage updates regarding 

14 outages on social media at least every 48 hours; 

15 (B) provide updates on a publicly accessible 

16 website at least every 48 hours; 

17 (C) develop methods for notifying mariners 

18 where cellular connectivity does not exist; 

19 (D) generate receipt confirmation and ac20 knowledgment of outages from mariners; and 

21 (E) develop and advertise a web-based com22 munications update hub on AM/FM radio for 

23 mariners; and 

24 (3) identifies technology gaps necessary to imple25 ment the plan and provide a budgetary assessment 

26 necessary to implement the plan. 


pbinns on DSKJLVW7X2PROD with BILLS
45 

•HR 6865 RH

1 TITLE III—MARITIME 

2 Subtitle A—Shipping 

3 SEC. 301. NONOPERATING INDIVIDUAL. 

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

5 National Defense Authorization Act for Fiscal Year 2021 

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

7 that is 2 years after the date of the enactment of this Act’’ 

8 and inserting ‘‘January 1, 2025’’. 

9 SEC. 302. OCEANOGRAPHIC RESEARCH VESSELS. 

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

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

12 Transportation, in consultation with the Secretary of the 

13 department in which the Coast Guard is operating, shall 

14 submit to the Committee on Transportation and Infrastruc15 ture of the House of Representatives and the Committee on 

16 Commerce, Science, and Transportation of the Senate a re17 port detailing the total number of vessels known or esti18 mated to operate or to have operated under section 50503 

19 of title 46, United States Code, during each of the past 10 

20 fiscal years. 

21 (b) CONTENTS.—The report required by subsection (a) 

22 shall include the following elements: 

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

24 known or estimated to operate or to have operated as 

25 oceanographic research vessels (as such term is deVerDate Sep 11 2014 00:08 Mar 30, 2022 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6203 E:\BILLS\H6865.RH H6865

pbinns on DSKJLVW7X2PROD with BILLS
46 

•HR 6865 RH

1 fined in section 2101 of title 46, United States Code) 

2 during each of the past 10 fiscal years. 

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

4 vessels known or estimated to operate or to have oper5 ated as oceanographic research vessels (as such term 

6 is defined section 2101 of title 46, United States 

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

8 SEC. 303. ATLANTIC COAST PORT ACCESS ROUTES BRIEF9 ING. 

10 Not later than 30 days after the date of enactment of 

11 this Act, and every 30 days thereafter until the require12 ments of section 70003 of title 46, United States Code, are 

13 fully executed with respect to the Atlantic Coast Port Access 

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

15 Guard is operating shall brief the Committee on Transpor16 tation and Infrastructure of the House of Representatives 

17 and the Committee on Commerce, Science, and Transpor18 tation of the Senate on any progress made to execute such 

19 requirements. 

20 Subtitle B—Vessel Safety 

21 SEC. 304. FISHING VESSEL SAFETY. 

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

23 States Code, is amended— 

24 (1) in section 4502(f)(2) by striking ‘‘certain ves25 sels described in subsection (b) if requested by the 


pbinns on DSKJLVW7X2PROD with BILLS
47 

•HR 6865 RH

1 owner or operator; and’’ and inserting ‘‘vessels de2 scribed in subsection (b) if— 

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

4 ‘‘(B) the vessel is— 

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

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

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

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

9 provided in section 4503a, subsection (a)’’ and insert10 ing ‘‘Subsection (a)’’; and 

11 (3) by repealing section 4503a. 

12 (b) ALTERNATIVE SAFETY COMPLIANCE AGREE13 MENTS.—Nothing in this section or the amendments made 

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

15 alternative compliance and safety agreement entered into 

16 by the Coast Guard that is in effect on the date of enactment 

17 of this Act. 

18 (c) CONFORMING AMENDMENTS.—The table of sections 

19 in chapter 45 of title 46, United States Code, is amended 

20 by striking the item relating to section 4503a. 

21 SEC. 305. REQUIREMENTS FOR DUKW-TYPE AMPHIBIOUS 

22 PASSENGER VESSELS. 

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

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

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


pbinns on DSKJLVW7X2PROD with BILLS
48 

•HR 6865 RH

1 amphibious passenger vessels operating in waters subject to 

2 the jurisdiction of the United States, as defined in section 

3 2.38 of title 33, Code of Federal Regulations (as in effect 

4 on the date of enactment of this Act). 

5 (b) DEADLINE FOR COMPLIANCE.—The regulations 

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

7 24 months after the date of enactment of this Act. 

8 (c) REQUIREMENTS.—The regulations required under 

9 subsection (a) shall include the following: 

10 (1) A requirement that operators of DUKW-type 

11 amphibious passenger vessels provide reserve buoy12 ancy for such vessels through passive means, includ13 ing watertight compartmentalization, built-in flota14 tion, or such other means as determined appropriate 

15 by the Commandant, in order to ensure that such ves16 sels remain afloat and upright in the event of flood17 ing, including when carrying a full complement of 

18 passengers and crew. 

19 (2) A requirement that an operator of a DUKW20 type amphibious passenger vessel— 

21 (A) review and notate the forecast of the 

22 National Weather Service of the National Oce23 anic and Atmospheric Administration in the log24 book of the vessel before getting underway and 

25 periodically while underway; 


pbinns on DSKJLVW7X2PROD with BILLS
49 

•HR 6865 RH

1 (B) proceed to the nearest harbor or safe ref2 uge in any case in which a watch or warning 

3 is issued for wind speeds exceeding the wind 

4 speed equivalent used to certify the stability of 

5 such DUKW-type amphibious passenger vessel; 

6 and 

7 (C) maintain and monitor a weather mon8 itor radio receiver at the operator station of the 

9 vessel that is automatically activated by the 

10 warning alarm device of the National Weather 

11 Service. 

12 (3) A requirement that— 

13 (A) operators of DUKW-type amphibious 

14 passenger vessels inform passengers that seat 

15 belts may not be worn during waterborne oper16 ations; 

17 (B) before the commencement of waterborne 

18 operations, a crew member shall visually check 

19 that the seatbelt of each passenger is unbuckled; 

20 and 

21 (C) operators or crew maintain a log re22 cording the actions described in subparagraphs 

23 (A) and (B). 


pbinns on DSKJLVW7X2PROD with BILLS
50 

•HR 6865 RH

1 (4) A requirement for annual training for opera2 tors and crew of DUKW-type amphibious passengers 

3 vessels, including— 

4 (A) training for personal flotation and seat 

5 belt requirements, verifying the integrity of the 

6 vessel at the onset of each waterborne departure, 

7 identification of weather hazards, and use of Na8 tional Weather Service resources prior to oper9 ation; and 

10 (B) training for crew to respond to emer11 gency situations, including flooding, engine com12 partment fires, man-overboard situations, and in 

13 water emergency egress procedures. 

14 (d) CONSIDERATION.—In issuing the regulations re15 quired under subsection (a), the Commandant shall con16 sider whether personal flotation devices should be required 

17 for the duration of the waterborne transit of a DUKW-type 

18 amphibious passenger vessel. 

19 (e) INTERIM REQUIREMENTS.—Beginning on the date 

20 on which the regulations under subsection (a) are issued, 

21 the Commandant shall require that operators of DUKW22 type amphibious passenger vessels that are not in compli23 ance with such regulations shall be subject to the following 

24 requirements: 


pbinns on DSKJLVW7X2PROD with BILLS
51 

•HR 6865 RH

1 (1) Remove the canopies and any window cov2 erings of such vessels for waterborne operations, or in3 stall in such vessels a canopy that does not restrict 

4 horizontal or vertical escape by passengers in the 

5 event of flooding or sinking. 

6 (2) If a canopy and window coverings are re7 moved from any such vessel pursuant to paragraph 

8 (1), require that all passengers wear a personal flota9 tion device approved by the Coast Guard before the 

10 onset of waterborne operations of such vessel. 

11 (3) Reengineer such vessels to permanently close 

12 all unnecessary access plugs and reduce all through13 hull penetrations to the minimum number and size 

14 necessary for operation. 

15 (4) Install in such vessels independently powered 

16 electric bilge pumps that are capable of dewatering 

17 such vessels at the volume of the largest remaining 

18 penetration in order to supplement an operable Hig19 gins pump or a dewatering pump of equivalent or 

20 greater capacity. 

21 (5) Install in such vessels not fewer than 4 inde22 pendently powered bilge alarms. 

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

24 vessel after each time a through-hull penetration of 

25 such vessel has been removed or uncovered. 


pbinns on DSKJLVW7X2PROD with BILLS
52 

•HR 6865 RH

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

2 watertight integrity of any such vessel at the outset 

3 of each waterborne departure of such vessel. 

4 (8) Install underwater LED lights that activate 

5 automatically in an emergency. 

6 (9) Otherwise comply with any other provisions 

7 of relevant Coast Guard guidance or instructions in 

8 the inspection, configuration, and operation of such 

9 vessels. 

10 SEC. 306. EXONERATION AND LIMITATION OF LIABILITY 

11 FOR SMALL PASSENGERS VESSELS. 

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

13 States Code, is amended— 

14 (1) by inserting the following before section 

15 30501 the following: 

16 ‘‘Subchapter I—General Provisions’’; 

17 (2) by inserting the following before section 

18 30503: 

19 ‘‘Subchapter II—Exoneration and Limitation 

20 of Liability’’; 

21 and 

22 (3) by redesignating sections 30503 through 

23 30512 as sections 30521 through 30530, respectively. 

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

25 States Code, is amended to read as follows: 


pbinns on DSKJLVW7X2PROD with BILLS
53 

•HR 6865 RH

1 ‘‘§ 30501. Definitions 

2 ‘‘In this chapter: 

3 ‘‘(1) COVERED SMALL PASSENGER VESSEL.—The 

4 term ‘covered small passenger vessel’— 

5 ‘‘(A) means a small passenger vessel, as de6 fined in section 2101 that is— 

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

8 ‘‘(ii) carrying— 

9 ‘‘(I) not more than 49 passengers 

10 on an overnight domestic voyage; and 

11 ‘‘(II) not more than 150 pas12 sengers on any voyage that is not an 

13 overnight domestic voyage; and 

14 ‘‘(B) includes any wooden vessel constructed 

15 prior to March 11, 1996, carrying at least 1 pas16 senger for hire. 

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

18 charterer that mans, supplies, and navigates a vessel 

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

20 own procurement.’’. 

21 (c) CLERICAL AMENDMENT.—The item relating to sec22 tion 30501 in the analysis for chapter 305 of title 46, 

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

‘‘30501. Definitions.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
54 

•HR 6865 RH

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

2 States Code, is amended by inserting ‘‘as to covered small 

3 passenger vessels, and’’ before ‘‘as otherwise provided’’. 

4 (e) PROVISIONS REQUIRING NOTICE OF CLAIM OR LIM5 ITING TIME FOR BRINGING ACTION.—Section 30526 of title 

6 46, United States Code, as redesignated by subsection (a), 

7 is amended— 

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

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

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

11 and inserting ‘‘2 years’’; and 

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

13 and inserting ‘‘2 years’’. 

14 (f) TABLES OF SUBCHAPTERS AND TABLES OF SEC15 TIONS.—The table of sections for chapter 305 of title 46, 

16 United States Code, is amended— 

17 (1) by inserting before section 30501 the fol18 lowing: 

‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; 

19 (2) by inserting after section 30502 the fol20 lowing: 

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

21 and 

22 (3) by redesignating the items relating to sec23 tions 30503 through 30512 as items relating to sec24 tions 30521 through 30530, respectively. 


pbinns on DSKJLVW7X2PROD with BILLS
55 

•HR 6865 RH

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

2 States Code, is further amended— 

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

4 30506’’ and inserting ‘‘section 30524’’; 

5 (2) in section 30523(a), as redesignated by sub6 section (a), by striking ‘‘section 30506’’ and inserting 

7 ‘‘section 30524’’; 

8 (3) in section 30524(b), as redesignated by sub9 section (a), by striking ‘‘section 30505’’ and inserting 

10 ‘‘section 30523’’; and 

11 (4) in section 30525, as redesignated by sub12 section (a)— 

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

14 by striking ‘‘sections 30505 and 30506’’ and in15 serting ‘‘sections 30523 and 30524’’; 

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

17 30505’’ and inserting ‘‘section 30523’’; and 

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

19 30506(b)’’ and inserting ‘‘section 30524(b)’’. 

20 SEC. 307. AUTOMATIC IDENTIFICATION SYSTEM REQUIRE21 MENTS. 

22 (a) REQUIREMENT FOR FISHING VESSELS TO HAVE

23 AUTOMATIC IDENTIFICATION SYSTEMS.—Section 

24 70114(a)(1) of title 46, United States Code, is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
56 

•HR 6865 RH

1 (1) by striking ‘‘, while operating on the navi2 gable waters of the United States,’’; 

3 (2) by redesignating subparagraphs (A) through 

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

5 (3) by inserting before clauses (i) through (iv), as 

6 redesignated by paragraph (2), the following: 

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

8 the United States:’’; and 

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

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

11 than 65 feet overall in length, while engaged in fish12 ing, fish processing, or fish tendering operations on 

13 the navigable waters of the United States or in the 

14 United States exclusive economic zone.’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Secretary of Commerce 

17 for fiscal year 2022, $5,000,000, to remain available until 

18 expended, to purchase automatic identification systems for 

19 fishing vessels, fish processing vessels, fish tender vessels 

20 more than 50 feet in length, as described under this section 

21 and the amendments made by this section. 


pbinns on DSKJLVW7X2PROD with BILLS
57 

•HR 6865 RH

1 Subtitle C—Shipbuilding Program 

2 SEC. 308. LOANS FOR RETROFITTING TO QUALIFY AS A VES3 SEL OF THE UNITED STATES. 

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

5 amended by adding at the end the following: 

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

7 obligor for expenditures previously made for) the re8 construction, reconditioning, retrofitting, repair, or 

9 similar work in a shipyard located in the United 

10 States— 

11 ‘‘(A) required for the vessel to be a vessel of 

12 the United States; 

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

14 coastwise endorsement under chapter 121; 

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

16 United States to a more useful military configu17 ration; 

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

19 Federal Government; or 

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

21 ‘‘(i) the Maritime Security Program or 

22 the Emergency Preparedness Program 

23 under chapter 531; 

24 ‘‘(ii) the Cable Security Fleet under 

25 chapter 532; 


pbinns on DSKJLVW7X2PROD with BILLS
58 

•HR 6865 RH

1 ‘‘(iii) the Tanker Security Fleet under 

2 chapter 534; or 

3 ‘‘(iv) the National Defense Reserve 

4 Fleet under section 57100.’’. 

5 SEC. 309. QUALIFIED VESSEL. 

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

7 United States Code, is amended— 

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

9 at the end; 

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

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

13 ‘‘(C) a ferry, as such term is defined in sec14 tion 2101; and 

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

16 vessel, as such terms are defined in section 2101, 

17 that has a passenger capacity of 50 passengers or 

18 greater.’’. 

19 (b) QUALIFIED VESSEL.—Section 53501(5) of title 46, 

20 United States Code, is amended— 

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

22 at the end; 

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

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


pbinns on DSKJLVW7X2PROD with BILLS
59 

•HR 6865 RH

1 ‘‘(C) a ferry, as such term is defined in sec2 tion 2101; and 

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

4 vessel, as such terms are defined in section 2101, 

5 that has a passenger capacity of 50 passengers or 

6 greater.’’. 

7 SEC. 310. ESTABLISHING A CAPITAL CONSTRUCTION FUND. 

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

9 amended by inserting ‘‘(including transportation on a 

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

11 terms are defined in section 2101, that has a passenger ca12 pacity of 50 passengers or greater)’’ after ‘‘short sea trans13 portation’’. 

14 TITLE IV—MISCELLANEOUS 

15 Subtitle A—Navigation 

16 SEC. 401. RESTRICTION ON CHANGING SALVORS. 

17 Section 311(c)(3) of the Federal Water Pollution Con18 trol Act (33 U.S.C. 1321(c)(3)) is amended by adding at 

19 the end the following: 

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

21 salvors as part of a deviation under subparagraph 

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

23 Coast Guard requirements in accordance with the Na24 tional Contingency Plan and the applicable response 

25 plan required under subsection (j). 


pbinns on DSKJLVW7X2PROD with BILLS
60 

•HR 6865 RH

1 ‘‘(D) In any case in which the Coast Guard au2 thorizes a deviation from the salvor as part of a devi3 ation under subparagraph (B) from the applicable re4 sponse plan required under subsection (j), the Com5 mandant shall submit to the Committee on Transpor6 tation and Infrastructure of the House of Representa7 tives and the Committee on Commerce, Science, and 

8 Transportation of the Senate a report describing the 

9 deviation and the reasons for such deviation.’’. 

10 SEC. 402. TOWING VESSEL INSPECTION FEES. 

11 Notwithstanding section 9701 of title 31, United States 

12 Code, and section 2110 of title 46, United States Code, the 

13 Secretary of the department in which the Coast Guard is 

14 operating may not charge an inspection fee for towing ves15 sels required to have a Certificate of Inspection under sub16 chapter M of title 46, Code of Federal Regulations, until— 

17 (1) the completion of the review required under 

18 section 815 of the Frank LoBiondo Coast Guard Au19 thorization Act of 2018 (Public Law 115–282); and 

20 (2) the promulgation of regulations to establish 

21 specific inspection fees for such vessels. 


pbinns on DSKJLVW7X2PROD with BILLS
61 

•HR 6865 RH

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

3 GROUNDS. 

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

5 States Code, is amended to read as follows: 

6 ‘‘§ 70006. Anchorage grounds 

7 ‘‘(a) ANCHORAGE GROUNDS.— 

8 ‘‘(1) ESTABLISHMENT.—The Secretary of the de9 partment in which the Coast Guard is operating shall 

10 define and establish anchorage grounds in the navi11 gable waters of the United States for vessels operating 

12 in such waters. 

13 ‘‘(2) RELEVANT FACTORS FOR ESTABLISH14 MENT.—In carrying out paragraph (1), the Secretary 

15 shall take into account all relevant factors concerning 

16 navigational safety, protection of the marine environ17 ment, proximity to undersea pipelines and cables, 

18 safe and efficient use of Marine Transportation Sys19 tem, and national security. 

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

21 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 issued 

25 by the Captain of the Port; and 


pbinns on DSKJLVW7X2PROD with BILLS
62 

•HR 6865 RH

1 ‘‘(3) comply with any applicable anchorage regu2 lations. 

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 the 

6 Port; 

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

8 determined by the Coast Guard, to an undersea pipe9 line or cable, unless authorized or directed to by the 

10 Captain of the Port; and 

11 ‘‘(3) anchor or remain anchored in an anchorage 

12 ground during any period in which the Captain of 

13 the Port orders closure of the anchorage ground due 

14 to inclement weather, navigational hazard, a threat to 

15 the environment, or other safety or security concern. 

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

17 shall be construed to prevent a vessel from taking actions 

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

19 the loss of life or property.’’. 

20 (b) REGULATORY REVIEW.— 

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

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

23 of the department in which the Coast Guard is oper24 ating shall complete a review of existing anchorage 


pbinns on DSKJLVW7X2PROD with BILLS
63 

•HR 6865 RH

1 regulations and identify regulations that may need 

2 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 by 

8 this section. 

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

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

11 the date of enactment of this Act, the Secretary shall 

12 provide a briefing to the Committee on Commerce, 

13 Science, and Transportation of the Senate and the 

14 Subcommittee on Coast Guard and Maritime Trans15 portation of the Committee on Transportation and 

16 Infrastructure of the House of Representatives that 

17 summarizes the review. 

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

19 chapter 700 of title 46, United States Code, is amended by 

20 striking the item relating to section 70006 and inserting 

21 the following: 

‘‘70006. Anchorage grounds.’’. 

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

24 any existing rules, regulations, or final agency actions 

25 issued under section 70006 of title 46, United States Code, 


pbinns on DSKJLVW7X2PROD with BILLS
64 

•HR 6865 RH

1 as in effect on the day before the date of enactment of this 

2 Act until all regulations required under subsection (b) take 

3 effect. 

4 SEC. 404. AQUATIC NUISANCE SPECIES TASK FORCE. 

5 (a) RECREATIONAL VESSEL DEFINED.—Section 1003 

6 of the Nonindigenous Aquatic Nuisance Prevention and 

7 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, the 

14 District of Columbia, American Samoa, Guam, Puer15 to Rico, the Northern Mariana Islands, and the Vir16 gin Islands of the United States; 

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

18 that term in section 502 of the Federal Water Pollu19 tion 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 following: 

23 ‘‘(g) OBSERVERS.—The chairpersons designated under 

24 subsection (d) may invite representatives of nongovernVerDate Sep 11 2014 00:08 Mar 30, 2022 Jkt 029200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6203 E:\BILLS\H6865.RH H6865

pbinns on DSKJLVW7X2PROD with BILLS
65 

•HR 6865 RH

1 mental entities to participate as observers of the Task 

2 Force.’’. 

3 (c) AQUATIC NUISANCE SPECIES TASK FORCE.—Sec4 tion 1201(b) of the Nonindigenous Aquatic Nuisance Pre5 vention and Control Act of 1990 (16 U.S.C. 4721(b)) is 

6 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 Manage15 ment; 

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

17 (d) AQUATIC NUISANCE SPECIES PROGRAM.—Section 

18 1202 of the Nonindigenous Aquatic Nuisance Prevention 

19 and Control Act of 1990 (16 U.S.C. 4722) is amended— 

20 (1) in subsection (e) by adding at the end the fol21 lowing: 

22 ‘‘(4) TECHNICAL ASSISTANCE AND RECOMMENDA23 TIONS.—The Task Force may provide technical assist24 ance and recommendations for best practices to an 


pbinns on DSKJLVW7X2PROD with BILLS
66 

•HR 6865 RH

1 agency or entity engaged in vessel inspections or de2 contaminations 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; and 

6 ‘‘(B) inspecting recreational vessels in a 

7 manner that minimizes disruptions to public ac8 cess for boating and recreation in non-contami9 nated vessels. 

10 ‘‘(5) CONSULTATION.—In carrying out para11 graph (4), including the development of recommenda12 tions, the Task Force may consult with— 

13 ‘‘(A) State fish and wildlife management 

14 agencies; 

15 ‘‘(B) other State agencies that manage fish16 ery resources of the State or sustain fishery habi17 tat; and 

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

19 and 

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

21 following: 

22 ‘‘(3) Not later than 90 days after the date of en23 actment of the Coast Guard Authorization Act of 

24 2022, the Task Force shall submit a report to Con25 gress recommending legislative, programmatic, or regVerDate Sep 11 2014 00:08 Mar 30, 2022 Jkt 029200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6203 E:\BILLS\H6865.RH H6865

pbinns on DSKJLVW7X2PROD with BILLS
67 

•HR 6865 RH

1 ulatory changes to eliminate remaining gaps in au2 thorities between members of the Task Force to effec3 tively manage and control the movement of aquatic 

4 nuisance species.’’. 

5 (e) TECHNICAL CORRECTIONS AND CONFORMING

6 AMENDMENTS.—The Nonindigenous Aquatic Nuisance Pre7 vention and Control Act of 1990 (16 U.S.C. 4701 et seq.) 

8 is further amended— 

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

10 after ‘‘funded’’; 

11 (2) in section 1003, in paragraph (7), by strik12 ing ‘‘Canandian’’ and inserting ‘‘Canadian’’; 

13 (3) in section 1203(a)— 

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

15 ‘‘and’’ after ‘‘research,’’; and 

16 (B) in paragraph (3), by striking ‘‘encour17 age’’ and inserting ‘‘encouraged’’; 

18 (4) in section 1204(b)(4), in the paragraph head19 ing, by striking ‘‘ADMINISRATIVE’’ and inserting 

20 ‘‘ADMINISTRATIVE’’; and 

21 (5) in section 1209, by striking ‘‘subsection (a)’’ 

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


pbinns on DSKJLVW7X2PROD with BILLS
68 

•HR 6865 RH

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

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

5 States Code, is amended— 

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

7 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 this 

21 subsection, the term ‘aquaculture worker’ means an 

22 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— 


pbinns on DSKJLVW7X2PROD with BILLS
69 

•HR 6865 RH

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

3 ‘‘(ii) the cultivation and harvesting of 

4 shellfish; and 

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

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

8 section 7101(c); and 

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

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

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

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

13 date of enactment of this Act. 

14 Subtitle B—Other Matters 

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

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

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

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

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

22 ‘‘The Commandant of the Coast Guard shall, upon re23 quest by any State, the District of Columbia, or territory 

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

25 Guard pertaining to challenge water quality characteristics, 


pbinns on DSKJLVW7X2PROD with BILLS
70 

•HR 6865 RH

1 challenge water biological organism concentrations, post2 treatment water quality characteristics, and post-treatment 

3 biological organism concentrations data for a ballast water 

4 management system with a type approval certificate ap5 proved by the Coast Guard pursuant to subpart 162.060 

6 of title 46, Code of Federal Regulations.’’. 

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

8 the Frank LoBiondo Coast Guard Authorization Act of 

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

10 the item relating to section 903 the following: 

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

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

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

14 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 250 

20 or more passengers; and’’. 

21 SEC. 408. CARGO WAITING TIME REDUCTION. 

22 (a) INTERAGENCY TASK FORCE.—The President shall, 

23 acting through the Supply Chain Disruptions Task Force 

24 established under Executive Order 14017 (relating to sup25 ply chains) of February 24, 2021 (86 Fed. Reg. 11849) 


pbinns on DSKJLVW7X2PROD with BILLS
71 

•HR 6865 RH

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

2 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 processing 

19 delays, including the Port of Los Angeles 

20 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, 

24 Science, and Transportation of the Senate a reVerDate Sep 11 2014 00:08 Mar 30, 2022 Jkt 029200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6203 E:\BILLS\H6865.RH H6865

pbinns on DSKJLVW7X2PROD with BILLS
72 

•HR 6865 RH

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

3 (c) REPORT OF THE COMMANDANT.—No later than 90 

4 days after the date of enactment of this Act, the Com5 mandant of the Coast Guard shall submit to the Committee 

6 on Transportation and Infrastructure of the House of Rep7 resentatives and the Committee on Commerce, Science, and 

8 Transportation of the Senate a report on cargo backlogs 

9 that includes— 

10 (1) an explanation of the extent to which vessels 

11 carrying cargo are complying with the requirements 

12 of chapter 700 of title 46, United States Code; 

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

14 the oil spill that occurred in October 2021 on the 

15 waters over the San Pedro Shelf related to an anchor 

16 strike, including the expected date on which the Ma17 rine Casualty Investigation Report with respect to 

18 such spill will be released; and 

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

20 actions taken or planned to be taken by the Com21 mandant to— 

22 (A) provide additional protections against 

23 oil spills caused by anchor strikes; and 

24 (B) address other safety concerns and envi25 ronmental impacts. 


pbinns on DSKJLVW7X2PROD with BILLS
73 

•HR 6865 RH

1 SEC. 409. LIMITED INDEMNITY PROVISIONS IN STANDBY 

2 OIL SPILL RESPONSE CONTRACTS. 

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

4 a contract for the containment or removal of a discharge 

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

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

7 shall contain a provision to indemnify a contractor for li8 abilities and expenses incidental to the containment or re9 moval arising out of the performance of the contract that 

10 is substantially identical to the terms contained in sub11 sections (d) through (h) of section H.4 (except for paragraph 

12 (1) of subsection (d)) of the contract offered by the Coast 

13 Guard in the solicitation numbered DTCG89–98– A– 

14 68F953, dated November 17, 1998. 

15 (b) REQUIREMENTS.— 

16 (1) SOURCE OF FUNDS.—The provision required 

17 under subsection (a) shall include a provision that the 

18 obligation to indemnify is limited to funds available 

19 in the Oil Spill Liability Trust Fund established by 

20 section 9509(a) of the Internal Revenue Code of 1986 

21 at the time the claim for indemnity is made. 

22 (2) UNCOMPENSATED REMOVAL.—A claim for 

23 indemnity under a contract described in subsection 

24 (a) shall be made as a claim for uncompensated re25 moval costs under section 1012(a)(4) of the Oil Pollu26 tion Act of 1990 (33 U.S.C. 2712(a)(4)). 


pbinns on DSKJLVW7X2PROD with BILLS
74 

•HR 6865 RH

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

2 claim under a contract described in subsection (a) 

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

4 (c) APPLICABILITY OF EXEMPTIONS.—Notwith5 standing subsection (a), the United States shall not be obli6 gated to indemnify a contractor for any act or omission 

7 of the contractor carried out pursuant to a contract entered 

8 into under this section where such act or omission is grossly 

9 negligent or which constitutes willful misconduct. 

10 SEC. 410. PORT COORDINATION COUNCIL FOR POINT SPEN11 CER. 

12 Section 541 of the Coast Guard Authorization Act of 

13 2016 (Public Law 114–120) is amended— 

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

15 and (2) and inserting the following: 

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

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

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

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

20 (2) in subsection (c)(1)— 

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

22 at the end; and 

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

24 and inserting the following: 


pbinns on DSKJLVW7X2PROD with BILLS
75 

•HR 6865 RH

1 ‘‘(C) land use planning and development on 

2 the Bering Sea, the Chukchi Sea, and the Arctic 

3 Ocean, in support of— 

4 ‘‘(i) search and rescue; 

5 ‘‘(ii) shipping safety; 

6 ‘‘(iii) economic development; 

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

8 ‘‘(v) national security; 

9 ‘‘(vi) major marine casualties; 

10 ‘‘(vii) protection of Alaska Native ar11 chaeological and cultural resources; and 

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

13 and maritime law enforcement.’’; 

14 (3) by amending subsection (c)(3) to read as fol15 lows: 

16 ‘‘(3) Facilitate coordination among members of 

17 the Council on the development and use of the land 

18 and coastline of Point Spencer, as such development 

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

20 of Point Spencer.’’; and 

21 (4) in subsection (e)— 

22 (A) by striking ‘‘Operations and manage23 ment costs’’ and inserting the following: 

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

25 and management costs’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
76 

•HR 6865 RH

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

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

3 system in Port Clarence and to assist the Council in 

4 the development of other oil spill prevention and re5 sponse infrastructure, including reactivating the air6 strip at Point Spencer with appropriate technology 

7 and safety equipment in support of response oper8 ations, there is authorized to be made available 

9 $5,000,000 for each of fiscal years 2023 through 2025 

10 from the interest generated from the Oil Spill Liabil11 ity Trust Fund.’’. 

12 SEC. 411. ALASKA OIL SPILL PLANNING CRITERIA. 

13 (a) ALASKA OIL SPILL PLANNING CRITERIA.—Section 

14 311(j)(5) of the Federal Water Pollution Control Act (33 

15 U.S.C. 1321(j)(5)) is amended by adding at the end the fol16 lowing: 

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

18 case in which the Secretary has determined that the 

19 national planning criteria established pursuant to 

20 this subsection are inappropriate for a vessel oper21 ating in the area of responsibility of Coast Guard 

22 Sector Anchorage, a response plan required under this 

23 paragraph with respect to a discharge of oil for the 

24 vessel shall comply with the planning criteria estab25 lished under clause (ii), which planning criteria 


pbinns on DSKJLVW7X2PROD with BILLS
77 

•HR 6865 RH

1 shall, with respect to a discharge of oil from the ves2 sel, supercede the national planning criteria and 

3 apply in lieu of any alternative planning criteria ap4 proved for vessels operating in such area. 

5 ‘‘(ii) The President shall establish planning cri6 teria for a worst case discharge of oil, and a substan7 tial threat of such a discharge, within the area of re8 sponsibility of Coast Guard Sector Anchorage, includ9 ing planning criteria for the following: 

10 ‘‘(I) Mechanical oil spill response resources 

11 that are required to be located within such area. 

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

13 spill response resources and arrival on the scene 

14 of a worst case discharge of oil, or substantial 

15 threat of such a discharge, occurring within such 

16 area. 

17 ‘‘(III) Dedicated vessels for oil spill response 

18 that are capable of operating in the ocean envi19 ronment and required to be located within such 

20 area. 

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

22 one oil spill removal organization that is classi23 fied by the Coast Guard and that— 

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

25 operating environments in such area; 


pbinns on DSKJLVW7X2PROD with BILLS
78 

•HR 6865 RH

1 ‘‘(bb) provides vessel routing measures 

2 consistent with international routing meas3 ure deviation protocols; 

4 ‘‘(cc) maintains real-time continuous 

5 vessel tracking, monitoring, and engagement 

6 protocols with the ability to detect and ad7 dress vessel operation anomalies; 

8 ‘‘(dd) has the capability to manage 

9 wildlife protection and rehabilitation; 

10 ‘‘(ee) controls oil spill response re11 sources of dedicated and nondedicated re12 source providers within such area, through 

13 ownership, contracts, agreements, or other 

14 means approved by the President, sufficient 

15 to mobilize and sustain a response to a 

16 worst case discharge of oil and to contain, 

17 recover, and temporarily store discharged 

18 oil; and 

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

20 spill response resources in strategic loca21 tions throughout such area in a manner 

22 that ensures the ability to support response 

23 personnel, marine operations, air cargo, or 

24 other related logistics infrastructure. 


pbinns on DSKJLVW7X2PROD with BILLS
79 

•HR 6865 RH

1 ‘‘(V) Temporary storage capability using 

2 both dedicated and non-dedicated assets located 

3 within such area. 

4 ‘‘(VI) Non-mechanical oil spill response re5 sources, to be available under contracts, agree6 ments, or other means approved by the Presi7 dent, capable of responding to both a discharge 

8 of persistent oil and a discharge of non-persistent 

9 oil, whether the discharged oil was carried by a 

10 vessel as fuel or cargo. 

11 ‘‘(VII) With respect to tank barges carrying 

12 non-persistent oil in bulk as cargo to be delivered 

13 to communities within such area, oil spill re14 sponse resources that is required to be carried on 

15 board. 

16 ‘‘(VIII) Ensuring that oil spill response re17 sources otherwise required to be included in a re18 sponse plan for purposes of compliance with sal19 vage and marine firefighting requirements are 

20 not used to meet the requirements of this sub21 paragraph. 

22 ‘‘(IX) Specifying a minimum length of time 

23 that approval of a response plan under this sub24 paragraph is valid. 


pbinns on DSKJLVW7X2PROD with BILLS
80 

•HR 6865 RH

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

2 plan for a vessel under this subparagraph only if the 

3 owner or operator of the vessel demonstrates the avail4 ability of the oil spill response resources required to 

5 be included in the response plan under the planning 

6 criteria established under clause (ii). 

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

8 ‘‘(I) vessels operating within the area of re9 sponsibility of the Coast Guard sector responsible 

10 for Anchorage, Alaska, with primary operations 

11 occurring within Cook Inlet, Alaska; or 

12 ‘‘(II) the requirements applicable to tank 

13 vessels subject to section 5005 of the Oil Pollu14 tion Act of 1990 (33 U.S.C. 2735).’’. 

15 (b) ESTABLISHMENT OF ALASKA OIL SPILL PLANNING

16 CRITERIA.— 

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

18 the date of enactment of this Act, the President shall 

19 establish the planning criteria required to be estab20 lished under subparagraph (J) of section 311(j)(5) of 

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

22 1321(j)(5)), as added by this section. 

23 (2) CONSULTATION.—In establishing such plan24 ning criteria, the President shall consult with the 

25 State of Alaska, owners and operators of vessels subVerDate Sep 11 2014 00:08 Mar 30, 2022 Jkt 029200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6203 E:\BILLS\H6865.RH H6865

pbinns on DSKJLVW7X2PROD with BILLS
81 

•HR 6865 RH

1 ject to such planning criteria, oil spill removal orga2 nizations, Alaska Native organizations, and environ3 mental non-governmental organizations located with4 in the State of Alaska. 

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

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

7 of the department in which the Coast Guard is operating 

8 shall submit to Congress a report regarding the status of 

9 implementing the requirements of subparagraph (J) of sec10 tion 311(j)(5) of the Federal Water Pollution Control Act 

11 (33 U.S.C. 1321(j)(5)), as added by this section. 

12 SEC. 412. NONAPPLICABILITY. 

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

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

15 to the passenger vessel American Queen (U.S. Coast Guard 

16 Official Number 1030765) or any other passenger vessel— 

17 (1) on which construction identifiable with the 

18 specific vessel begins prior to the date of enactment of 

19 this Act; and 

20 (2) to which sections 3507 and 3508 would other21 wise apply when such vessels are operating inside the 

22 boundary line. 

23 SEC. 413. REPORT ON ENFORCEMENT OF COASTWISE LAWS. 

24 The Commandant of the Coast Guard shall submit to 

25 Congress a report describing any changes to the enforcement 


pbinns on DSKJLVW7X2PROD with BILLS
82 

•HR 6865 RH

1 of chapters 121 and 551 of title 46, United States Code, 

2 as a result of the amendments to section 4(a)(1) of the Outer 

3 Continental Shelf Lands Act (43 U.S.C. 1333(a)(1)) made 

4 by section 9503 of the William M. (Mac) Thornberry Na5 tional Defense Authorization Act for Fiscal Year 2021 (Pub6 lic Law 116–283). 

7 SEC. 414. LAND CONVEYANCE, SHARPE ARMY DEPOT, 

8 LATHROP, CALIFORNIA. 

9 Not later than 1 year after the date of enactment of 

10 this Act, the Administrator of the Maritime Administration 

11 shall complete the land conveyance required under section 

12 2833 of the William M. (Mac) Thornberry National Defense 

13 Authorization Act for Fiscal Year 2021 (Public Law 116– 

14 283). 

15 SEC. 415. CENTER OF EXPERTISE FOR MARINE ENVIRON16 MENTAL RESPONSE. 

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

18 of enactment of this Act, the Commandant of the Coast 

19 Guard, in consultation with the Administrator of the Na20 tional Oceanic and Atmospheric Administration, shall es21 tablish a Center of Expertise for Marine Environmental Re22 sponse (referred to in this section as the ‘‘Center of Exper23 tise’’) in accordance with section 313 of title 14, United 

24 States Code. 


pbinns on DSKJLVW7X2PROD with BILLS
83 

•HR 6865 RH

1 (b) LOCATION.—The Center of Expertise shall be lo2 cated in close proximity to— 

3 (1) an area of the country with quick access to 

4 State, Federal, and international waters, port and 

5 marine environments, coastal and estuary environ6 ments, and the intercoastal waterway; 

7 (2) multiple Coast Guard sea and air stations; 

8 (3) multiple Federal agencies that are engaged 

9 in coastal and fisheries management; 

10 (4) one or more designated national estuaries; 

11 (5) State coastal and wildlife management agen12 cies; and 

13 (6) an institution of higher education with ade14 quate marine science search laboratory facilities and 

15 capabilities and expertise in coastal marine ecology, 

16 ecosystems, environmental chemistry, fish and wildlife 

17 management, coastal mapping, water resources, and 

18 marine technology development. 

19 (c) FUNCTIONS.—The Center of Expertise shall— 

20 (1) monitor and assess, on an ongoing basis, the 

21 state of knowledge regarding training, education, and 

22 technology development for marine environmental re23 sponse protocols in State, Federal, and international 

24 waters, port and marine environments, coastal and 

25 estuary environments, and the intercoastal waterway; 


pbinns on DSKJLVW7X2PROD with BILLS
84 

•HR 6865 RH

1 (2) identify any significant gaps in research re2 lated to marine environmental response protocols, in3 cluding an assessment of major scientific or techno4 logical deficiencies in responses to past incidents in 

5 these waterways that are interconnected, and seek to 

6 fill such gaps; 

7 (3) conduct research, development, testing, and 

8 evaluation for marine environmental response equip9 ment, technologies, and techniques to mitigate and re10 spond to environmental incidents in these waterways; 

11 (4) educate and train Federal, State, and local 

12 first responders in— 

13 (A) the incident command system structure; 

14 (B) marine environmental response tech15 niques and strategies; and 

16 (C) public affairs; and 

17 (5) work with academic and private sector re18 sponse training centers to develop and standardize 

19 marine environmental response training and tech20 niques. 

21 (d) MARINE ENVIRONMENTAL RESPONSE DEFINED.— 

22 In this section, the term ‘‘marine environmental response’’ 

23 means any response to incidents that— 

24 (1) impacts— 


pbinns on DSKJLVW7X2PROD with BILLS
85 

•HR 6865 RH

1 (A) the marine environment of State, Fed2 eral or international waterways; 

3 (B) port and marine environments; 

4 (C) coastal and estuary environments; or 

5 (D) the intercoastal waterway; and 

6 (2) promotes— 

7 (A) the protection and conservation of the 

8 marine environment; 

9 (B) the health of fish, animal populations, 

10 and endangered species; and 

11 (C) the resilience of coastal ecosystems and 

12 infrastructure. 

13 SEC. 416. PROHIBITION ON ENTRY AND OPERATION. 

14 (a) PROHIBITION.— 

15 (1) IN GENERAL.—Except as otherwise provided 

16 in this section, during the period in which Executive 

17 Order 14065 (87 Fed. Reg. 10293, relating to blocking 

18 certain Russian property or transactions), or any 

19 successor Executive Order is in effect, no vessel de20 scribed in subsection (b) may enter or operate in the 

21 navigable waters of the United States or transfer 

22 cargo in any port or place under the jurisdiction of 

23 the United States. 

24 (2) LIMITATIONS ON APPLICATION.—— 


pbinns on DSKJLVW7X2PROD with BILLS
86 

•HR 6865 RH

1 (A) IN GENERAL.—The prohibition under 

2 paragraph (1) shall not apply with respect to 

3 vessel described in subsection (b) if the Secretary 

4 of State determines that— 

5 (i) the vessel is owned or operated by 

6 a Russian national or operated by the gov7 ernment of the Russian Federation; and 

8 (ii) it is in the national security inter9 est not to apply the prohibition to such ves10 sel. 

11 (B) NOTICE.—Not later than 15 days after 

12 making a determination under subparagraph 

13 (A), the Secretary of State shall submit to the 

14 Committee on Foreign Affairs and the Com15 mittee on Transportation and Infrastructure of 

16 the House of Representatives and the Committee 

17 on Foreign Relations and the Committee on 

18 Commerce, Science, and Transportation of the 

19 Senate written notice of the determination and 

20 the basis upon which the determination was 

21 made. 

22 (C) PUBLICATION.—The Secretary of State 

23 shall publish a notice in the Federal Register of 

24 each determination made under subparagraph 

25 (A). 


pbinns on DSKJLVW7X2PROD with BILLS
87 

•HR 6865 RH

1 (b) VESSELS DESCRIBED.—A vessel referred to in sub2 section (a) is a vessel owned or operated by a Russian na3 tional or operated by the government of the Russian Federa4 tion. 

5 (c) INFORMATION AND PUBLICATION.—The Secretary 

6 of the department in which the Coast Guard is operating, 

7 with the concurrence of the Secretary of State, shall— 

8 (1) maintain timely information on the registra9 tions of all foreign vessels owned or operated by or on 

10 behalf of the Government of the Russian Federation, 

11 a Russian national, or a entity organized under the 

12 laws of the Russian Federation or any jurisdiction 

13 within the Russian Federation; and 

14 (2) periodically publish in the Federal Register 

15 a list of the vessels described in paragraph (1). 

16 (d) NOTIFICATION OF GOVERNMENTS.— 

17 (1) IN GENERAL.—The Secretary of State shall 

18 notify each government, the agents or instrumental19 ities of which are maintaining a registration of a for20 eign vessel that is included on a list published under 

21 subsection (c)(2), not later than 30 days after such 

22 publication, that all vessels registered under such gov23 ernment’s authority are subject to subsection (a). 

24 (2) ADDITIONAL NOTIFICATION.—In the case of a 

25 government that continues to maintain a registration 


pbinns on DSKJLVW7X2PROD with BILLS
88 

•HR 6865 RH

1 for a vessel that is included on such list after receiv2 ing an initial notification under paragraph (1), the 

3 Secretary shall issue an additional notification to 

4 such government not later than 120 days after the 

5 publication of a list under subsection (c)(2). 

6 (e) NOTIFICATION OF VESSELS.—Upon receiving a no7 tice of arrival under section 70001(a)(5) of title 46, United 

8 States Code, from a vessel described in subsection (b), the 

9 Secretary of the department in which the Coast Guard is 

10 operating shall notify the master of such vessel that the ves11 sel may not enter or operate in the navigable waters of the 

12 United States or transfer cargo in any port or place under 

13 the jurisdiction of the United States, unless— 

14 (1) the Secretary of State has made a determina15 tion under subsection (a)(2); or 

16 (2) the Secretary of the department in which the 

17 Coast Guard is operating allows provisional entry of 

18 the vessel, or transfer of cargo from the vessel, under 

19 subsection (f). 

20 (f) PROVISIONAL ENTRY OR CARGO TRANSFER.—Not21 withstanding any other provision of this section, the Sec22 retary of the department in which the Coast Guard is oper23 ating may allow provisional entry of, or transfer of cargo 

24 from, a vessel, if such entry or transfer is necessary for the 

25 safety of the vessel or persons aboard. 


pbinns on DSKJLVW7X2PROD with BILLS
89 

•HR 6865 RH

1 SEC. 417. ST. LUCIE RIVER RAILROAD BRIDGE. 

2 The Commandant of the Coast Guard shall take such 

3 actions as are necessary to implement any recommenda4 tions for the St. Lucie River railroad bridge made by the 

5 Coast Guard in the document titled ‘‘Waterways Analysis 

6 and Management System for Intracoastal Waterway Miles 

7 925-1005 (WAMS #07301)’’ published by Coast Guard Sec8 tor Miami in 2018. 

9 SEC. 418. ASSISTANCE RELATED TO MARINE MAMMALS. 

10 (a) MARITIME ENVIRONMENTAL AND TECHNICAL AS11 SISTANCE PROGRAM.—Section 50307(b) of title 46, United 

12 States Code, is amended— 

13 (1) in paragraph (1)(D) by striking ‘‘and’’ at 

14 the end; 

15 (2) in paragraph (2) by striking the period and 

16 insert ‘‘; and’’; and 

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

18 ‘‘(3) technologies that quantifiably reduce under19 water noise from marine vessels, including noise pro20 duced incidental to the propulsion of marine vessels.’’. 

21 (b) ASSISTANCE TO REDUCE IMPACTS OF VESSEL

22 STRIKES AND NOISE ON MARINE MAMMALS.— 

23 (1) IN GENERAL.—Chapter 541 of title 46, 

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

25 the following: 


pbinns on DSKJLVW7X2PROD with BILLS
90 

•HR 6865 RH

1 ‘‘§ 54102. Assistance to reduce impacts of vessel strikes 

2 and noise on marine mammals 

3 ‘‘(a) IN GENERAL.—The Administrator of the Mari4 time Administration, in coordination with the Secretary of 

5 the department in which the Coast Guard is operating, may 

6 make grants to, or enter into contracts or cooperative agree7 ments with, academic, public, private, and nongovern8 mental entities to develop and implement mitigation meas9 ures that will lead to a quantifiable reduction in— 

10 ‘‘(1) impacts to marine mammals from vessels; 

11 and 

12 ‘‘(2) underwater noise from vessels, including 

13 noise produced incidental to the propulsion of vessels. 

14 ‘‘(b) ELIGIBLE USE.—Assistance under this section 

15 may be used to develop, assess, and carry out activities that 

16 reduce threats to marine mammals by— 

17 ‘‘(1) reducing— 

18 ‘‘(A) stressors related to vessel traffic; and 

19 ‘‘(B) vessel strike mortality, and serious in20 jury; or 

21 ‘‘(2) monitoring— 

22 ‘‘(A) sound; and 

23 ‘‘(B) vessel interactions with marine mam24 mals. 

25 ‘‘(c) PRIORITY.—The Administrator shall prioritize 

26 assistance under this section for projects that— 


pbinns on DSKJLVW7X2PROD with BILLS
91 

•HR 6865 RH

1 ‘‘(1) is based on the best available science on 

2 methods to reduce threats related to vessels traffic; 

3 ‘‘(2) collect data on the reduction of such threats; 

4 ‘‘(3) reduce— 

5 ‘‘(A) disturbances from vessel presence; 

6 ‘‘(B) mortality risk; or 

7 ‘‘(C) serious injury from vessel strikes; or 

8 ‘‘(4) conduct risk assessments, or tracks progress 

9 toward threat reduction. 

10 ‘‘(d) BRIEFING.—The Administrator shall provide to 

11 the Committee on Transportation and Infrastructure of the 

12 House of Representatives, and the Committee on Commerce, 

13 Science, and Transportation of the Senate, an annual brief14 ing that includes the following: 

15 ‘‘(1) The name and location of each entity re16 ceiving a grant under this section. 

17 ‘‘(2) The amount of each such grant. 

18 ‘‘(3) A description of the activities carried out 

19 with assistance provided under this section. 

20 ‘‘(4) An estimate of the impact that a project 

21 carried out with such assistance has on the reduction 

22 of threats to marine mammals. 

23 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to the Administrator to carry 


pbinns on DSKJLVW7X2PROD with BILLS
92 

•HR 6865 RH

1 out this section $10,000,000 for each of fiscal years 2022 

2 through 2026, to remain available until expended.’’. 

3 (2) CLERICAL AMENDMENT.—The analysis for 

4 chapter 541 of title 46, United States Code, is amend5 ed by adding at the end the following: 

‘‘54102. Assistance to reduce impacts of vessel strikes and noise on marine mammals.’’. 

6 (c) NEAR REAL-TIME MONITORING AND MITIGATION

7 PROGRAM FOR LARGE WHALES.— 

8 (1) IN GENERAL.—Part of A of subtitle V of title 

9 46, United States Code, is amended by adding at the 

10 end the following: 

11 ‘‘CHAPTER 507—MONITORING AND 

12 MITIGATION 

‘‘Sec. 

‘‘50701. Near real-time monitoring and mitigation program for large whales. 

‘‘50702. Pilot project. 

13 ‘‘§ 50701. Near real-time monitoring and mitigation 

14 program for large whales 

15 ‘‘(a) ESTABLISHMENT.—The Administrator of the 

16 Maritime Administration, in consultation with the Com17 mandant of the Coast Guard, shall design and deploy a 

18 near real-time large whale monitoring and mitigation pro19 gram (in this section referred to as the Program) informed 

20 by the technologies, monitoring methods, and mitigation 

21 protocols developed pursuant to the pilot program required 

22 under section 50702. 


pbinns on DSKJLVW7X2PROD with BILLS
93 

•HR 6865 RH

1 ‘‘(b) PURPOSE.—The purpose of the Program will be 

2 to reduce the risk to large whales of vessel collisions and 

3 to minimize other impacts. 

4 ‘‘(c) REQUIREMENTS.—In designing and deploying the 

5 Program, the Administrator shall— 

6 ‘‘(1) prioritize species of large whales for which 

7 vessel collision impacts are of particular concern; 

8 ‘‘(2) prioritize areas where such vessel impacts 

9 are of particular concern; 

10 ‘‘(3) develop technologies capable of detecting and 

11 alerting individuals and enforcement agencies of the 

12 probable location of large whales on a near real-time 

13 basis, to include real time data whenever possible; 

14 ‘‘(4) inform sector-specific mitigation protocols 

15 to effectively reduce takes of large whales; and 

16 ‘‘(5) integrate technology improvements as such 

17 improvements become available. 

18 ‘‘(d) AUTHORITY.—The Administrator may make 

19 grants or enter into and contracts, leases, or cooperative 

20 agreements as may be necessary to carry out the purposes 

21 of this section on such terms as the Administrator considers 

22 appropriate, consistent with Federal acquisition regula23 tions. 


pbinns on DSKJLVW7X2PROD with BILLS
94 

•HR 6865 RH

1 ‘‘§ 50702. Pilot project 

2 ‘‘(a) ESTABLISHMENT.—The Administrator of the 

3 Maritime Administration shall carry out a pilot moni4 toring and mitigation project for North Atlantic right 

5 whales (in this section referred to as the ‘Pilot Program’) 

6 for purposes of informing a cost-effective, efficient, and re7 sults-oriented near real-time monitoring and mitigation 

8 program for large whales under 50701. 

9 ‘‘(b) PILOT PROJECT REQUIREMENTS.—In carrying 

10 out the pilot program, the Administrator, in coordination 

11 with the Commandant of the Coast Guard, using best avail12 able scientific information, shall identify and ensure cov13 erage of— 

14 ‘‘(1) core foraging habitats of North Atlantic 

15 right whales, including— 

16 ‘‘(A) the South of the Islands core foraging 

17 habitat; 

18 ‘‘(B) the Cape Cod Bay Area core foraging 

19 habitat; 

20 ‘‘(C) the Great South Channel core foraging 

21 habitat; and 

22 ‘‘(D) the Gulf of Maine; and 

23 ‘‘(2) important feeding, breeding, calving, 

24 rearing, or migratory habitats of North Atlantic right 

25 whales that co-occur with areas of high risk of morVerDate Sep 11 2014 00:08 Mar 30, 2022 Jkt 029200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6203 E:\BILLS\H6865.RH H6865

pbinns on DSKJLVW7X2PROD with BILLS
95 

•HR 6865 RH

1 tality, serious injury, or other impacts to such whales, 

2 including from vessels or vessel strikes. 

3 ‘‘(c) PILOT PROJECT COMPONENTS.— 

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

5 the date of enactment of the Coast Guard Authoriza6 tion Act of 2022, the Administrator, in consultation 

7 with the Commandant, Tribal governments, and with 

8 input from affected stakeholders, shall design and de9 ploy a near real-time monitoring system for North 

10 Atlantic right whales that— 

11 ‘‘(A) comprises the best available detection 

12 and survey technologies to detect North Atlantic 

13 right whales within core foraging habitats; 

14 ‘‘(B) uses dynamic habitat suitability mod15 els to inform the likelihood of North Atlantic 

16 right whale occurrence in core foraging habitat 

17 at any given time; 

18 ‘‘(C) coordinates with the Integrated Ocean 

19 Observing System and Coast Guard vessel traffic 

20 service centers, and may coordinate with Re21 gional Ocean Partnerships to leverage moni22 toring assets; 

23 ‘‘(D) integrates historical data; 


pbinns on DSKJLVW7X2PROD with BILLS
96 

•HR 6865 RH

1 ‘‘(E) integrates new near real-time moni2 toring methods and technologies as they become 

3 available; 

4 ‘‘(F) accurately verifies and rapidly com5 municates detection data; 

6 ‘‘(G) creates standards for allowing ocean 

7 users to contribute data to the monitoring system 

8 using comparable near real-time monitoring 

9 methods and technologies; and 

10 ‘‘(H) communicates the risks of injury to 

11 large whales to ocean users in a way that is 

12 most likely to result in informed decision making 

13 regarding the mitigation of those risks. 

14 ‘‘(2) NATIONAL SECURITY CONSIDERATIONS.—All 

15 monitoring methods, technologies, and protocols under 

16 this section shall be consistent with national security 

17 considerations and interests. 

18 ‘‘(3) ACCESS TO DATA.—The Administrator shall 

19 provide access to data generated by the monitoring 

20 system deployed under paragraph (1) for purposes of 

21 scientific research and evaluation, and public aware22 ness and education, including through the NOAA 

23 Right Whale Sighting Advisory System and 

24 WhaleMap or other successive public web portals, sub25 ject to review for national security considerations. 


pbinns on DSKJLVW7X2PROD with BILLS
97 

•HR 6865 RH

1 ‘‘(d) MITIGATION PROTOCOLS.—The Administrator, in 

2 consultation with the Commandant, and with input from 

3 affected stakeholders, develop and deploy mitigation proto4 cols that make use of the near real-time monitoring system 

5 deployed under subsection (c) to direct sector-specific miti6 gation measures that avoid and significantly reduce risk 

7 of serious injury and mortality to North Atlantic right 

8 whales. 

9 ‘‘(e) REPORTING.— 

10 ‘‘(1) PRELIMINARY REPORT.—Not later than 2 

11 years after the date of the enactment of the Coast 

12 Guard Authorization Act of 2022, the Administrator, 

13 in consultation with the Commandant, shall submit 

14 to the appropriate Congressional Committees and 

15 make available to the public a preliminary report 

16 which shall include— 

17 ‘‘(A) a description of the monitoring meth18 ods and technology in use or planned for deploy19 ment; 

20 ‘‘(B) analyses of the efficacy of the methods 

21 and technology in use or planned for deployment 

22 for detecting North Atlantic right whales; 

23 ‘‘(C) how the monitoring system is directly 

24 informing and improving North American right 

25 whale management, health, and survival; 


pbinns on DSKJLVW7X2PROD with BILLS
98 

•HR 6865 RH

1 ‘‘(D) a prioritized identification of tech2 nology or research gaps; 

3 ‘‘(E) a plan to communicate the risks of in4 jury to large whales to ocean users in a way that 

5 is most likely to result in informed decision mak6 ing regarding the mitigation of those risks; and 

7 ‘‘(F) additional information, as appro8 priate. 

9 ‘‘(2) FINAL REPORT.—Not later than 6 years 

10 after the date of the enactment of the Coast Guard 

11 Authorization Act of 2022, the Administrator, in con12 sultation with the Commandant, shall submit to the 

13 appropriate congressional committees and make 

14 available to the public a final report, addressing the 

15 components in subparagraph (A) and including— 

16 ‘‘(A) an assessment of the benefits and effi17 cacy of the near real-time monitoring and miti18 gation program; 

19 ‘‘(B) a strategic plan to expand the pilot 

20 program to provide near real-time monitoring 

21 and mitigation measures; 

22 ‘‘(i) to additional large whale species 

23 of concern for which such measures would 

24 reduce risk of serious injury or death; and 


pbinns on DSKJLVW7X2PROD with BILLS
99 

•HR 6865 RH

1 ‘‘(ii) in important feeding, breeding, 

2 calving, rearing, or migratory habitats of 

3 whales that co-occur with areas of high risk 

4 of mortality or serious injury of such whales 

5 from vessel strikes or disturbance; 

6 ‘‘(C) a prioritized plan for acquisition, de7 ployment, and maintenance of monitoring tech8 nologies; 

9 ‘‘(D) the locations or species for which the 

10 plan would apply; and 

11 ‘‘(E) a budget and description of funds nec12 essary to carry out the strategic plan. 

13 ‘‘(f) ADDITIONAL AUTHORITY.—The Administrator 

14 may make grants enter into contracts, leases, or cooperative 

15 agreements as may be necessary to carry out the purposes 

16 of this section on such terms as the Administrator considers 

17 appropriate, consistent with Federal acquisition regula18 tions. 

19 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to the Administrator to carry 

21 out this section $17,000,000 for each of fiscal years 2022 

22 through 2026. 

23 ‘‘(h) DEFINITIONS.—In this section and section 50701: 

24 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT25 TEES.—The term ‘appropriate congressional commitVerDate Sep 11 2014 00:08 Mar 30, 2022 Jkt 029200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6203 E:\BILLS\H6865.RH H6865

pbinns on DSKJLVW7X2PROD with BILLS
100 

•HR 6865 RH

1 tees’ means the Committee Transportation and Infra2 structure of the House of Representatives and the 

3 Committee on Commerce, Science, and Transpor4 tation of the Senate. 

5 ‘‘(2) CORE FORAGING HABITATS.—The term ‘core 

6 foraging habitats’ means areas with biological and 

7 physical oceanographic features that aggregate 

8 Calanus finmarchicus and where North Atlantic right 

9 whales foraging aggregations have been well docu10 mented. 

11 ‘‘(3) NEAR REAL-TIME.—The term ‘near real12 time’ means detected activity that is visual, acoustic, 

13 or in any other form, of North Atlantic right whales 

14 that are transmitted and reported as soon as tech15 nically feasible after such detected activity has oc16 curred. 

17 ‘‘(4) LARGE WHALE.—The term ‘large whale’ 

18 means all Mysticeti species and species within the 

19 genera Physeter and Orcinus.’’. 

20 (2) CLERICAL AMENDMENT.—The table of chap21 ters for subtitle V of title 46, United States Code is 

22 amended by adding after the item related to chapter 

23 505 the following: 

‘‘507. Monitoring and Mitigation ....................................................50701’’. 


pbinns on DSKJLVW7X2PROD with BILLS
101 

•HR 6865 RH

1 SEC. 419. MANNING AND CREWING REQUIREMENTS FOR 

2 CERTAIN VESSELS, VEHICLES, AND STRUC3 TURES. 

4 (a) AUTHORIZATION OF LIMITED EXEMPTIONS FROM

5 MANNING AND CREW REQUIREMENT.—Chapter 81 of title 

6 46, United States Code, is amended by adding at the end 

7 the following: 

8 ‘‘§ 8108. Exemptions from manning and crew require9 ments 

10 ‘‘(a) IN GENERAL.—The Secretary may provide an ex11 emption described in subsection (b) to the owner or operator 

12 of a covered facility if each individual who is manning or 

13 crewing the covered facility is— 

14 ‘‘(1) a citizen of the United States; 

15 ‘‘(2) an alien lawfully admitted to the United 

16 States for permanent residence; or 

17 ‘‘(3) a citizen of the nation under the laws of 

18 which the vessel is documented. 

19 ‘‘(b) REQUIREMENTS FOR ELIGIBILITY FOR EXEMP20 TION.—An exemption under this subsection is an exemption 

21 from the regulations established pursuant to section 

22 302(a)(3) of the Outer Continental Shelf Lands Act (43 

23 U.S.C. 1356(a)(3)). 

24 ‘‘(c) LIMITATIONS.—An exemption under this sec25 tion— 


pbinns on DSKJLVW7X2PROD with BILLS
102 

•HR 6865 RH

1 ‘‘(1) shall provide that the number of individuals 

2 manning or crewing the covered facility who are de3 scribed in paragraphs (2) and (3) of subsection (a) 

4 may not exceed two and one- half times the number 

5 of individuals required to man or crew the covered fa6 cility under the laws of the nation under the laws of 

7 which the covered facility is documented; and 

8 ‘‘(2) shall be effective for not more than 12 

9 months, but may be renewed by application to and 

10 approval by the Secretary. 

11 ‘‘(d) APPLICATION.—To be eligible for an exemption 

12 or a renewal of an exemption under this section, the owner 

13 or operator of a covered facility shall apply to the Secretary 

14 with an application that includes a sworn statement by the 

15 applicant of all information required for the issuance of 

16 the exemption. 

17 ‘‘(e) REVOCATION.— 

18 ‘‘(1) IN GENERAL.—The Secretary— 

19 ‘‘(A) may revoke an exemption for a covered 

20 facility under this section if the Secretary deter21 mines that information provided in the applica22 tion for the exemption was false or incomplete, 

23 or is no longer true or complete; and 

24 ‘‘(B) shall immediately revoke such an ex25 emption if the Secretary determines that the covVerDate Sep 11 2014 00:08 Mar 30, 2022 Jkt 029200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6203 E:\BILLS\H6865.RH H6865

pbinns on DSKJLVW7X2PROD with BILLS
103 

•HR 6865 RH

1 ered facility, in the effective period of the exemp2 tion, was manned or crewed in a manner not 

3 authorized by the exemption. 

4 ‘‘(2) NOTICE REQUIRED.—The Secretary shall 

5 provides notice of a determination under subpara6 graph (A) or (B) of paragraph (1) to the owner or 

7 operator of the covered facility. 

8 ‘‘(f) REVIEW OF COMPLIANCE.—The Secretary shall 

9 periodically, but not less than once annually, inspect each 

10 covered facility that operates under an exemption under 

11 this section to verify the owner or operator of the covered 

12 facility’s compliance with the exemption. During an inspec13 tion under this subsection, the Secretary shall require all 

14 crew members serving under the exemption to hold a valid 

15 transportation security card issued under section 70105. 

16 ‘‘(g) PENALTY.—In addition to revocation under sub17 section (e), the Secretary may impose on the owner or oper18 ator of a covered facility a civil penalty of $10,000 per day 

19 for each day the covered facility— 

20 ‘‘(1) is manned or crewed in violation of an ex21 emption under this subsection; or 

22 ‘‘(2) operated under an exemption under this 

23 subsection that the Secretary determines was not val24 idly obtained. 


pbinns on DSKJLVW7X2PROD with BILLS
104 

•HR 6865 RH

1 ‘‘(h) NOTIFICATION OF SECRETARY OF STATE.—The 

2 Secretary shall notify the Secretary of State of each exemp3 tion issued under this section, including the effective period 

4 of the exemption. 

5 ‘‘(i) DEFINITIONS.—In this section: 

6 ‘‘(1) COVERED FACILITY.—The term ‘covered fa7 cility’ means any vessel, rig, platform, or other vehi8 cle or structure, over 50 percent of which is owned by 

9 citizens of a foreign nation or with respect to which 

10 the citizens of a foreign nation have the right effec11 tively to control, except to the extent and to the degree 

12 that the President determines that the government of 

13 such foreign nation or any of its political subdivi14 sions has implemented, by statute, regulation, policy, 

15 or practice, a national manning requirement for 

16 equipment engaged in the exploring for, developing, or 

17 producing resources, including non-mineral energy re18 sources in its offshore areas. 

19 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 

20 the Secretary of the department in which the Coast 

21 Guard is operating.’’. 

22 (b) ANNUAL REPORT.— 

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

24 the date of enactment of this Act, and annually there25 after, the Secretary shall submit to Congress a report 


pbinns on DSKJLVW7X2PROD with BILLS
105 

•HR 6865 RH

1 containing information on each letter of nonapplica2 bility of section 8109 of title 46, United States Code, 

3 with respect to a covered facility that was issued by 

4 the Secretary during the preceding year. 

5 (2) CONTENTS.—The report under paragraph (1) 

6 shall include, for each covered facility— 

7 (A) the name and International Maritime 

8 Organization number; 

9 (B) the nation in which the covered facility 

10 is documented; 

11 (C) the nationality of owner or owners; and 

12 (D) for any covered facility that was pre13 viously issued a letter of nonapplicability in a 

14 prior year, any changes in the information de15 scribed in subparagraphs (A) through (C). 

16 (c) REGULATIONS.—Not later than 90 days after the 

17 date of the enactment of this Act, the Secretary shall pro18 mulgate regulations that specify the documentary and other 

19 requirements for the issuance of an exemption under the 

20 amendment made by this section. 

21 (d) EXISTING EXEMPTIONS.— 

22 (1) EFFECT OF AMENDMENTS; TERMINATION.— 

23 Each exemption under section 30(c)(2) of the Outer 

24 Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) 

25 issued before the date of the enactment of this Act— 


pbinns on DSKJLVW7X2PROD with BILLS
106 

•HR 6865 RH

1 (A) shall not be affected by the amendments 

2 made by this section during the 120-day period 

3 beginning on the date of the enactment of this 

4 Act; and 

5 (B) shall not be effective after such period. 

6 (2) NOTIFICATION OF HOLDERS.—Not later than 

7 60 days after the date of the enactment of this Act, 

8 the Secretary shall notify all persons that hold such 

9 an exemption that it will expire as provided in para10 graph (1). 

11 (e) CLERICAL AMENDMENT.—The analysis for chapter 

12 81 of the title 46, United States Code, is amended by adding 

13 at the end the following: 

‘‘8108. Exemptions from manning and crew requirements.’’. 

14 TITLE V—SEXUAL ASSAULT AND 

15 SEXUAL HARASSMENT PRE16 VENTION AND RESPONSE 

17 SEC. 501. DEFINITIONS. 

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

19 States Code, is amended— 

20 (1) by redesignating paragraphs (45) through 

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

22 and 

23 (2) by inserting after paragraph (44) the fol24 lowing: 


pbinns on DSKJLVW7X2PROD with BILLS
107 

•HR 6865 RH

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

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

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

4 ‘‘(46) ‘sexual harassment’ means— 

5 ‘‘(A) conduct that— 

6 ‘‘(i) involves unwelcome sexual ad7 vances, requests for sexual favors, or delib8 erate or repeated offensive comments or ges9 tures of a sexual nature if any— 

10 ‘‘(I) submission to such conduct is 

11 made either explicitly or implicitly a 

12 term or condition of employment, pay, 

13 career, benefits, or entitlements of the 

14 individual; 

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

16 of such conduct by an individual is 

17 used as a basis for decisions affecting 

18 that individual’s job, pay, career, bene19 fits, or entitlements; 

20 ‘‘(III) such conduct has the pur21 pose or effect of unreasonably inter22 fering with an individual’s work per23 formance or creates an intimidating, 

24 hostile, or offensive work environment; 

25 or 


pbinns on DSKJLVW7X2PROD with BILLS
108 

•HR 6865 RH

1 ‘‘(IV) conduct may have been by 

2 an individual’s supervisor, a super3 visor in another area, a co-worker, or 

4 another credentialed mariner; and 

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

6 reasonable person would perceive, and the 

7 victim does perceive, the environment as 

8 hostile or offensive; 

9 ‘‘(B) any use or condonation associated 

10 with first-hand or personal knowledge, by any 

11 individual in a supervisory or command posi12 tion, of any form of sexual behavior to control, 

13 influence, or affect the career, pay, benefits, enti14 tlements, or employment of a subordinate; and 

15 ‘‘(C) any deliberate or repeated unwelcome 

16 verbal comment or gesture of a sexual nature by 

17 any fellow employee of the complainant.’’. 

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

19 shall submit to the Committee on Transportation and In20 frastructure of the House of Representatives and the Com21 mittee on Commerce, Science, and Transportation of the 

22 Senate a report describing any changes the Commandant 

23 may propose to the definitions added by the amendments 

24 in subsection (a). 


pbinns on DSKJLVW7X2PROD with BILLS
109 

•HR 6865 RH

1 SEC. 502. CONVICTED SEX OFFENDER AS GROUNDS FOR DE2 NIAL. 

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

4 States Code, is amended by adding at the end the following: 

5 ‘‘§ 7511. Convicted sex offender as grounds for denial 

6 ‘‘(a) SEXUAL ABUSE.—A license, certificate of registry, 

7 or merchant mariner’s document authorized to be issued 

8 under this part shall be denied to an individual who has 

9 been convicted of a sexual offense prohibited under chapter 

10 109A of title 18, except for subsection (b) of section 2244 

11 of title 18, or a substantially similar State, local, or Tribal 

12 offense. 

13 ‘‘(b) ABUSIVE SEXUAL CONTACT.—A license, certifi14 cate of registry, or merchant mariner’s document authorized 

15 to be issued under this part may be denied to an individual 

16 who within 5 years before applying for the license, certifi17 cate, or document, has been convicted of a sexual offense 

18 prohibited under subsection (b) of section 2244 of title 18, 

19 or a substantially similar State, local, or Tribal offense.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chapter 

21 75 of title 46, United States Code, is amended by adding 

22 at the end the following: 

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


pbinns on DSKJLVW7X2PROD with BILLS
110 

•HR 6865 RH

1 SEC. 503. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS 

2 GROUNDS FOR SUSPENSION OR REVOCA3 TION. 

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

5 States Code, is amended by inserting after section 7704 the 

6 following: 

7 ‘‘§ 7704a. Sexual harassment or sexual assault as 

8 grounds for suspension or revocation 

9 ‘‘(a) SEXUAL HARASSMENT.—If it is shown at a hear10 ing under this chapter that a holder of a license, certificate 

11 of registry, or merchant mariner’s document issued under 

12 this part, within 5 years before the beginning of the suspen13 sion and revocation proceedings, is the subject of an official 

14 finding of sexual harassment, then the license, certificate 

15 of registry, or merchant mariner’s document may be sus16 pended or revoked. 

17 ‘‘(b) SEXUAL ASSAULT.—If it is shown at a hearing 

18 under this chapter that a holder of a license, certificate of 

19 registry, or merchant mariner’s document issued under this 

20 part, within 10 years before the beginning of the suspension 

21 and revocation proceedings, is the subject of an official find22 ing of sexual assault, then the license, certificate of registry, 

23 or merchant mariner’s document shall be revoked. 

24 ‘‘(c) OFFICIAL FINDING.— 

25 ‘‘(1) IN GENERAL.—In this section, the term ‘of26 ficial finding’ means— 


pbinns on DSKJLVW7X2PROD with BILLS
111 

•HR 6865 RH

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

2 or decision that determines the individual com3 mitted sexual harassment or sexual assault in 

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

5 law or regulation; or 

6 ‘‘(B) a determination after an investigation 

7 by the Coast Guard that, by a preponderance of 

8 the evidence, the individual committed sexual 

9 harassment or sexual assault if the investigation 

10 affords appropriate due process rights to the sub11 ject of the investigation. 

12 ‘‘(2) INVESTIGATION BY THE COAST GUARD.—An 

13 investigation by the Coast Guard under paragraph 

14 (1)(B) shall include, at a minimum, evaluation of the 

15 following materials that, upon request, shall be pro16 vided to the Coast Guard: 

17 ‘‘(A) Any inquiry or determination made 

18 by the employer or former employer of the indi19 vidual as to whether the individual committed 

20 sexual harassment or sexual assault. 

21 ‘‘(B) Any investigative materials, docu22 ments, records, or files in the possession of an 

23 employer or former employer of the individual 

24 that are related to the claim of sexual harass25 ment or sexual assault by the individual. 


pbinns on DSKJLVW7X2PROD with BILLS
112 

•HR 6865 RH

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

2 ‘‘(A) COAST GUARD INVESTIGATION.—A de3 termination under paragraph (1)(B) shall be re4 viewed and affirmed by an administrative law 

5 judge within the same proceeding as any suspen6 sion or revocation of a license, certificate of reg7 istry, or merchant mariner’s document under 

8 subsection (a) or (b). 

9 ‘‘(B) LEGAL PROCEEDING.—A determina10 tion under paragraph (1)(A) that an individual 

11 committed sexual harassment or sexual assault is 

12 conclusive in suspension and revocation pro13 ceedings.’’. 

14 (b) CLERICAL AMENDMENT.—The chapter analysis of 

15 chapter 77 of title 46, United States Code, is amended by 

16 inserting after the item relating to section 7704 the fol17 lowing: 

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

18 SEC. 504. ACCOMMODATION; NOTICES. 

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

20 amended— 

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

22 end; 

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

24 the end and inserting ‘‘; and’’; 


pbinns on DSKJLVW7X2PROD with BILLS
113 

•HR 6865 RH

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

2 following: 

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

4 with information regarding— 

5 ‘‘(A) vessel owner or company policies pro6 hibiting sexual assault and sexual harassment, 

7 retaliation, and drug and alcohol usage; and 

8 ‘‘(B) procedures and resources to report 

9 crimes, including sexual assault and sexual har10 assment, including information— 

11 ‘‘(i) on the contact information, 

12 website address, and mobile application to 

13 the Coast Guard Investigative Services for 

14 reporting of crimes and the Coast Guard 

15 National Command Center; 

16 ‘‘(ii) on vessel owner or company pro17 cedures to report violations of company pol18 icy and access resources; 

19 ‘‘(iii) on resources provided by outside 

20 organizations such as sexual assault hot21 lines and counseling; 

22 ‘‘(iv) on the retention period for sur23 veillance video recording after an incident 

24 of sexual harassment or sexual assault is re25 ported; and 


pbinns on DSKJLVW7X2PROD with BILLS
114 

•HR 6865 RH

1 ‘‘(v) additional items specified in regu2 lations issued by, and at the discretion of, 

3 the Secretary of the department in which 

4 the Coast Guard is operating.’’; and 

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

6 following: ‘‘In each washing space in a visible loca7 tion there shall be information regarding procedures 

8 and resources to report crimes upon the vessel, includ9 ing sexual assault and sexual harassment, and vessel 

10 owner or company policies prohibiting sexual assault 

11 and sexual harassment, retaliation, and drug and al12 cohol usage.’’. 

13 SEC. 505. PROTECTION AGAINST DISCRIMINATION. 

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

15 amended— 

16 (1) by redesignating subparagraphs (B) through 

17 (G) as subparagraphs (C) through (H), respectively; 

18 and 

19 (2) by inserting after subparagraph (A) the fol20 lowing: 

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

22 about to report to the vessel owner, Coast Guard or 

23 other appropriate Federal agency or department sex24 ual harassment or sexual assault against the seaman 


pbinns on DSKJLVW7X2PROD with BILLS
115 

•HR 6865 RH

1 or knowledge of sexual harassment or sexual assault 

2 against another seaman;’’. 

3 SEC. 506. ALCOHOL PROHIBITION. 

4 (a) REGULATIONS.— 

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

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

7 department in which the Coast Guard is operating 

8 shall, taking into account the safety and security of 

9 every individual on documented vessels, issue such 

10 regulations as are necessary relating to alcohol con11 sumption on documented vessels, according to the fol12 lowing requirements: 

13 (A) The Secretary shall determine safe levels 

14 of alcohol consumption by crewmembers aboard 

15 documented vessels engaged in commercial serv16 ice. 

17 (B) If the Secretary determines there is no 

18 alcohol policy that can be implemented to ensure 

19 a safe environment for crew and passengers, the 

20 Secretary shall implement a prohibition on pos21 session and consumption of alcohol by crew22 members while aboard a vessel, except when pos23 session is associated with the commercial sale or 

24 gift to non-crew members aboard the vessel. 


pbinns on DSKJLVW7X2PROD with BILLS
116 

•HR 6865 RH

1 (2) IMMUNITY FROM CIVIL LIABILITY.—Any 

2 crewmember who reports an incident of sexual assault 

3 or sexual harassment that is directly related to a vio4 lation of the regulations issued under paragraph (1) 

5 is immune from civil liability for any related viola6 tion of such regulations. 

7 SEC. 507. SURVEILLANCE REQUIREMENTS. 

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

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

10 following: 

11 ‘‘CHAPTER 49—OCEANGOING NON12 PASSENGER COMMERCIAL VESSELS 

‘‘Sec. 

‘‘4901. Surveillance requirements. 

13 ‘‘§ 4901. Surveillance requirements 

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

15 service that does not carry passengers, shall maintain a 

16 video surveillance system. 

17 ‘‘(b) APPLICABILITY.—The requirements in this section 

18 shall apply to— 

19 ‘‘(1) documented vessels with overnight accom20 modations for at least 10 persons on board— 

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

22 and crosses seaward of the Boundary Line; or 


pbinns on DSKJLVW7X2PROD with BILLS
117 

•HR 6865 RH

1 ‘‘(B) is at least 24 meters (79 feet) in over2 all length and required to have a load line under 

3 chapter 51; 

4 ‘‘(2) documented vessels of at least 500 gross tons 

5 as measured under section 14502, or an alternate ton6 nage measured under section 14302 as prescribed by 

7 the Secretary under section 14104 on an inter8 national voyage; and 

9 ‘‘(3) vessels with overnight accommodations for 

10 at least 10 persons on board that are operating for no 

11 less than 72 hours on waters superjacent to the Outer 

12 Continental Shelf. 

13 ‘‘(c) PLACEMENT OF VIDEO AND AUDIO SURVEILLANCE

14 EQUIPMENT.— 

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

16 which this section applies shall install video and 

17 audio surveillance equipment aboard the vessel not 

18 later than 2 years after enactment of the Coast Guard 

19 Authorization Act of 2022, or during the next sched20 uled drydock, whichever is later. 

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

22 equipment shall be placed in passageways on to which 

23 doors from staterooms open. Such equipment shall be 

24 placed in a manner ensuring the visibility of every 

25 door in each such passageway. 


pbinns on DSKJLVW7X2PROD with BILLS
118 

•HR 6865 RH

1 ‘‘(d) NOTICE OF VIDEO AND AUDIO SURVEILLANCE.— 

2 The owner of a vessel to which this section applies shall 

3 provide clear and conspicuous signs on board the vessel no4 tifying the crew of the presence of video and audio surveil5 lance equipment. 

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

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

8 which this section applies shall provide to any Fed9 eral, state, or other law enforcement official per10 forming official duties in the course and scope of a 

11 criminal or marine safety investigation, upon request, 

12 a copy of all records of video and audio surveillance 

13 that the official believes is relevant to the investiga14 tion. 

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

16 law enforcement authorities or court order, the owner 

17 of a vessel to which this section applies shall, upon 

18 written request, provide to any individual or the in19 dividual’s legal representative a copy of all records of 

20 video and audio surveillance— 

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

22 the video and audio surveillance; 

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

24 legal proceeding or investigation; and 


pbinns on DSKJLVW7X2PROD with BILLS
119 

•HR 6865 RH

1 ‘‘(C) that may provide evidence of any sex2 ual harassment or sexual assault incident in a 

3 civil action. 

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

5 which this section applies shall ensure that access to 

6 records of video and audio surveillance is limited to 

7 the purposes described in this paragraph and not 

8 used as part of a labor action against a crew member 

9 or employment dispute unless used in a criminal or 

10 civil action. 

11 ‘‘(f) RETENTION REQUIREMENTS.—The owner of a ves12 sel to which this section applies shall retain all records of 

13 audio and video surveillance for not less than 150 days after 

14 the footage is obtained. Any video and audio surveillance 

15 found to be associated with an alleged incident should be 

16 preserved for not less than 4 years from the date of the al17 leged incident. The Federal Bureau of Investigation and the 

18 Coast Guard are authorized access to all records of video 

19 and audio surveillance relevant to an investigation into 

20 criminal conduct. 

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

22 means the owner, charterer, managing operator, master, or 

23 other individual in charge of a vessel. 

24 ‘‘(h) EXEMPTION.—Fishing vessels, fish processing ves25 sels, and fish tender vessels are exempt from this section.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
120 

•HR 6865 RH

1 (b) CLERICAL AMENDMENT.—The table of chapters for 

2 subtitle II of title 46, United States Code, is amended by 

3 adding after the item related to chapter 47 the following: 

‘‘49. Oceangoing Non-Passenger Commercial Vessels .......... 4901’’. 

4 SEC. 508. MASTER KEY CONTROL. 

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

6 States Code, is amended by adding at the end the following: 

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 paragraph 

15 (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 management 

20 system; 

21 ‘‘(3) record in a log book, located in a centralized 

22 location that is readily accessible to law enforcement 

23 personnel, information on all access and use of the 

24 vessel’s master key; and 


pbinns on DSKJLVW7X2PROD with BILLS
121 

•HR 6865 RH

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

2 log book under paragraph (3) available upon request 

3 to any agent of the Federal Bureau of Investigation, 

4 any member of the Coast Guard, and any law en5 forcement officer performing official duties in the 

6 course and scope of an investigation. 

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

8 described in subsection (a)(2) shall not have access to or 

9 use the master key unless in an emergency and shall imme10 diately notify the master and owner of the vessel following 

11 use of such key. 

12 ‘‘(c) REQUIREMENTS FOR LOG BOOK.—The log book 

13 described in subsection (a)(3)— 

14 ‘‘(1) may be— 

15 ‘‘(A) electronic; and 

16 ‘‘(B) included in the vessel safety manage17 ment system; and 

18 ‘‘(2) shall include— 

19 ‘‘(A) dates and times of access; 

20 ‘‘(B) the room or location accessed; and 

21 ‘‘(C) the name and rank of the crew member 

22 that used the master key. 

23 ‘‘(d) PENALTY.—Any crew member who uses the mas24 ter key without having been granted access pursuant to sub25 section (a)(2) shall be liable to the United States GovernVerDate Sep 11 2014 00:08 Mar 30, 2022 Jkt 029200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6203 E:\BILLS\H6865.RH H6865

pbinns on DSKJLVW7X2PROD with BILLS
122 

•HR 6865 RH

1 ment for a civil penalty of not more than $1,000 and may 

2 be subject to suspension or revocation under section 7703. 

3 ‘‘(e) EXEMPTION.—This section shall not apply to ves4 sels subject to section 3507(f).’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for chapter 

6 31 of title 46, United States Code, is amended by adding 

7 at the end the following: 

‘‘3106. Master key control system.’’. 

8 SEC. 509. SAFETY MANAGEMENT SYSTEMS. 

9 Section 3203 of title 46, United States Code, is amend10 ed— 

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 fol15 lowing: 

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 3106;’’; 


pbinns on DSKJLVW7X2PROD with BILLS
123 

•HR 6865 RH

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 REQUIREMENTS.— 

6 In prescribing regulations for the procedures and training 

7 requirements described in subsection (a)(5), such procedures 

8 and requirements shall be consistent with the requirements 

9 to report sexual harassment or sexual assault under section 

10 10104.’’. 

11 SEC. 510. REQUIREMENT TO REPORT SEXUAL ASSAULT AND 

12 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 per21 sonal knowledge. 

22 ‘‘(2) PENALTY.—A crew member with first-hand 

23 or personal knowledge of a sexual assault or sexual 

24 harassment incident on a documented vessel who 

25 knowingly fails to report in compliance with paraVerDate Sep 11 2014 00:08 Mar 30, 2022 Jkt 029200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6203 E:\BILLS\H6865.RH H6865

pbinns on DSKJLVW7X2PROD with BILLS
124 

•HR 6865 RH

1 graph (a)(1) is liable to the United States Govern2 ment 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 the complaint is shared in confidence 

7 with the crew member directly from the assaulted in8 dividual or the crew member is a victim advocate as 

9 defined in section 40002(a) of the Violent Crime Con10 trol and Law Enforcement Act of 1994 (34 U.S.C. 

11 12291(a)). 

12 ‘‘(b) MANDATORY REPORTING BY VESSEL OWNER.— 

13 ‘‘(1) IN GENERAL.—A vessel owner or managing 

14 operator of a documented vessel or the employer of a 

15 seafarer on that vessel shall report to the Secretary 

16 any complaint or incident of harassment, sexual har17 assment, or sexual assault in violation of employer 

18 policy or law, of which such vessel owner or man19 aging operator of a vessel engaged in commercial 

20 service, or the employer of the seafarer is made aware. 

21 Such reporting shall include results of any investiga22 tion into the incident, if applicable, and any action 

23 taken against the offending crewmember. 

24 ‘‘(2) PENALTY.—A vessel owner or managing op25 erator of a vessel engaged in commercial service, or 


pbinns on DSKJLVW7X2PROD with BILLS
125 

•HR 6865 RH

1 the employer of a seafarer on that vessel who know2 ingly fails to report in compliance with paragraph 

3 (1) is liable to the United States Government for a 

4 civil penalty of not more than $25,000. 

5 ‘‘(c) REPORTING PROCEDURES.— 

6 ‘‘(1) A report required under subsection (a) shall 

7 be made as soon as practicable, but no later than 10 

8 days after the individual develops first-hand or per9 sonal knowledge of the sexual assault or sexual har10 assment incident to the Coast Guard National Com11 mand Center by the fastest telecommunication chan12 nel available. 

13 ‘‘(2) A report required under subsection (b) shall 

14 be made immediately after the vessel owner, man15 aging operator, or employer of the seafarer gains 

16 knowledge of a sexual assault or sexual harassment 

17 incident by the fastest telecommunication channel 

18 available, and such report shall be made to the Coast 

19 Guard National Command Center— 

20 ‘‘(A) the nearest Coast Guard Captain of 

21 the Port; or 

22 ‘‘(B) the appropriate officer or agency of the 

23 government of the country in whose waters the 

24 incident occurs. 


pbinns on DSKJLVW7X2PROD with BILLS
126 

•HR 6865 RH

1 ‘‘(3) A report required under subsections (a) and 

2 (b) shall include, to the best of the reporter’s knowl3 edge— 

4 ‘‘(A) the name, official position or role in 

5 relation to the vessel, and contact information of 

6 the individual making the report; 

7 ‘‘(B) the name and official number of the 

8 documented vessel; 

9 ‘‘(C) the time and date of the incident; 

10 ‘‘(D) the geographic position or location of 

11 the vessel when the incident occurred; and 

12 ‘‘(E) a brief description of the alleged sexual 

13 harassment or sexual assault being reported. 

14 ‘‘(4) After receipt of the report made under this 

15 subsection, the Coast Guard will collect information 

16 related to the identity of each alleged victim, alleged 

17 perpetrator, and witness through means designed to 

18 protect, to the extent practicable, the personal identi19 fiable information of such individuals. 

20 ‘‘(d) REGULATIONS.—The requirements of this section 

21 are effective as of the date of enactment of Coast Guard Au22 thorization Act of 2022. The Secretary may issue additional 

23 regulations to implement the requirements of this section.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
127 

•HR 6865 RH

1 SEC. 511. CIVIL ACTIONS FOR PERSONAL INJURY OR DEATH 

2 OF SEAMEN. 

3 (a) PERSONAL INJURY TO OR DEATH OF SEAMEN.— 

4 Section 30104(a) of title 46, United States Code, as so des5 ignated by section 405(a)(1), is amended by inserting ‘‘, 

6 including an injury resulting from sexual assault or sexual 

7 harassment,’’ after ‘‘in the course of employment’’. 

8 (b) TIME LIMIT ON BRINGING MARITIME ACTION.— 

9 Section 30106 of title 46, United States Code, is amended— 

10 (1) in the section heading by striking ‘‘for per11 sonal injury or death’’; 

12 (2) by striking ‘‘Except as otherwise’’ and insert13 ing the following: 

14 ‘‘(a) IN GENERAL.—Except as otherwise’’; and 

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

16 ‘‘(b) EXTENSION FOR SEXUAL OFFENSE.—A civil ac17 tion under subsection (a) arising out of a maritime tort 

18 for a claim of sexual harassment or sexual assault shall be 

19 brought not more than 5 years after the cause of action for 

20 a claim of sexual harassment or sexual assault arose.’’. 

21 (c) CLERICAL AMENDMENT.—The analysis for chapter 

22 301 of title 46, United States Code, is amended by striking 

23 the item related to section 30106 and inserting the fol24 lowing: 

‘‘30106. Time limit on bringing maritime action.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
128 

•HR 6865 RH

1 SEC. 512. ADMINISTRATION OF SEXUAL ASSAULT FORENSIC 

2 EXAMINATION KITS. 

3 (a) IN GENERAL.—Chapter 5 of title 14, United States 

4 Code, is amended by adding at the end the following: 

5 ‘‘§ 564. Administration of sexual assault forensic ex6 amination kits 

7 ‘‘(a) REQUIREMENT.—A Coast Guard vessel that em8 barks on a covered voyage shall be— 

9 ‘‘(1) equipped with no less than 2 sexual assault 

10 and forensic examination kits; and 

11 ‘‘(2) staffed with at least 1 medical professional 

12 qualified and trained to administer such kits. 

13 ‘‘(b) COVERED VOYAGE DEFINED.—In this section, the 

14 term ‘covered voyage’ means a prescheduled voyage of a 

15 Coast Guard vessel that, at any point during such voyage— 

16 ‘‘(1) would require the vessel to travel 5 consecu17 tive days or longer at 20 knots per hour to reach a 

18 land-based or afloat medical facility; and 

19 ‘‘(2) aeromedical evacuation will be unavailable 

20 during the travel period referenced in paragraph 

21 (1).’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections for 

23 chapter 5 of title 14, United States Code, is amended by 

24 adding at the end the following: 

‘‘564. Administration of sexual assault forensic examination kits.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
129 

•HR 6865 RH

1 TITLE VI—TECHNICAL, CON2 FORMING, AND CLARIFYING 

3 AMENDMENTS 

4 SEC. 601. TECHNICAL CORRECTIONS. 

5 (a) Section 319(b) of title 14, United States Code, is 

6 amended by striking ‘‘section 331 of the FAA Modernization 

7 and Reform Act of 2012 (49 U.S.C. 40101 note)’’ and in8 serting ‘‘section 44801 of title 49’’. 

9 (b) Section 1156(c) of title 14, United States Code, is 

10 amended by striking ‘‘section 331 of the FAA Modernization 

11 and Reform Act of 2012 (49 U.S.C. 40101 note)’’ and in12 serting ‘‘section 44801 of title 49’’. 

13 SEC. 602. TRANSPORTATION WORKER IDENTIFICATION 

14 CREDENTIAL TECHNICAL AMENDMENTS. 

15 (a) IN GENERAL.—Section 70105 of title 46, United 

16 States Code, is amended— 

17 (1) in the section heading by striking ‘‘security 

18 cards’’ and inserting ‘‘worker identification 

19 credentials’’; 

20 (2) by striking ‘‘transportation security card’’ 

21 each place it appears and inserting ‘‘transportation 

22 worker identification credential’’; 

23 (3) by striking ‘‘transportation security cards’’ 

24 each place it appears and inserting ‘‘transportation 

25 worker identification credentials’’; 


pbinns on DSKJLVW7X2PROD with BILLS
130 

•HR 6865 RH

1 (4) by striking ‘‘card’’ each place it appears and 

2 inserting ‘‘credential’’ 

3 (5) in the heading for subsection (b) by striking 

4 ‘‘CARDS’’ and inserting ‘‘CREDENTIALS’’; 

5 (6) by striking subsection (i) and redesignating 

6 subsections (j) and (k) as subsections (i) and (j), re7 spectively; 

8 (7) by striking subsection (l) and redesignating 

9 subsections (m) through (q) as subsections (k) through 

10 (o), respectively; 

11 (8) in subsection (j), as so redesignated— 

12 (A) in the subsection heading by striking 

13 ‘‘SECURITY CARD’’ and inserting ‘‘WORKER

14 IDENTIFICATION CREDENTIAL’’; and 

15 (B) in the heading for paragraph (2) by 

16 striking ‘‘SECURITY CARDS’’ and inserting 

17 ‘‘WORKER IDENTIFICATION CREDENTIAL’’; 

18 (9) in subsection (k)(1), as so redesignated, by 

19 striking ‘‘subsection (k)(3)’’ and inserting ‘‘subsection 

20 (j)(3)’’; and 

21 (10) in subsection (o), as so redesignated— 

22 (A) in the subsection heading by striking 

23 ‘‘SECURITY CARD’’ and inserting ‘‘WORKER

24 IDENTIFICATION CREDENTIAL’’; 

25 (B) in paragraph (1)— 


pbinns on DSKJLVW7X2PROD with BILLS
131 

•HR 6865 RH

1 (i) by striking ‘‘subsection (k)(3)’’ and 

2 inserting ‘‘subsection (j)(3)’’; and 

3 (ii) by striking ‘‘This plan shall’’ and 

4 inserting ‘‘Such receipt and activation 

5 shall’’; and 

6 (C) in paragraph (2) by striking ‘‘on-site 

7 activation capability’’ and inserting ‘‘on-site re8 ceipt and activation of transportation worker 

9 identification credentials’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for chapter 

11 701 of title 46, United States Code, is amended by striking 

12 the item related to section 70105 and inserting the fol13 lowing: 

‘‘70105. Transportation worker identification credentials.’’. 

14 SEC. 603. REINSTATEMENT. 

15 (a) REINSTATEMENT.—The text of section 12(a) of the 

16 Act of June 21, 1940 (33 U.S.C. 522(a)), popularly known 

17 as the Truman-Hobbs Act, is— 

18 (1) reinstated as it appeared on the day before 

19 the date of enactment of section 8507(b) of the Wil20 liam M. (Mac) Thornberry National Defense Author21 ization Act for Fiscal Year 2021 (Public Law 116– 

22 283); and 

23 (2) redesignated as the sole text of section 12 of 

24 the Act of June 21, 1940 (33 U.S.C. 522). 


pbinns on DSKJLVW7X2PROD with BILLS
132 

•HR 6865 RH

1 (b) EFFECTIVE DATE.—The provision reinstated by 

2 subsection (a) shall be treated as if such section 8507(b) 

3 had never taken effect. 

4 (c) CONFORMING AMENDMENT.—The provision rein5 stated under subsection (a) is amended by striking ‘‘, except 

6 to the extent provided in this section’’. 


pbinns on DSKJLVW7X2PROD with BILLS

pbinns on DSKJLVW7X2PROD with BILLS
Union Calendar No. 209 

117TH CONGRESS 

2D SESSION H. R. 6865 

[Report No. 117–282] 

A BILL 

To authorize appropriations for the Coast Guard, 

and for other purposes. 

MARCH 29, 2022 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


pbinns on DSKJLVW7X2PROD with BILLS