H. R. 6395—1341 
Subtitle C—Arctic 
SEC. 8421. COAST GUARD ARCTIC PRIORITIZATION. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The strategic importance of the Arctic continues to 
increase as the United States and other countries recognize 
the military significance of the sea lanes and choke points 
within the region and understand the potential for power projec-
tion from the Arctic into multiple regions. 
(2) Russia and China have conducted military exercises 
together in the Arctic, have agreed to connect the Northern 
Sea Route, claimed by Russia, with China’s Maritime Silk 
Road, and are working together in developing natural gas 
resources in the Arctic. 
(3) The economic significance of the Arctic continues to 
grow as countries around the globe begin to understand the 
potential for maritime transportation through, and economic 
and trade development in, the region. 
(4) Increases in human, maritime, and resource develop-
ment activity in the Arctic region may create additional mission 
requirements for the Department of Defense and the Depart-
ment of Homeland Security. 
(5) The increasing role of the United States in the Arctic 
has been highlighted in each of the last four national defense 
authorization acts. 
(6) The United States Coast Guard Arctic Strategic Outlook 
released in April 2019 states, ‘‘Demonstrating commitment to 
operational presence, Canada, Denmark, and Norway have 
made strategic investments in ice-capable patrol ships charged 
with national or homeland security missions. The United States 
is the only Arctic State that has not made similar investments 
in ice-capable surface maritime security assets. This limits 
the ability of the Coast Guard, and the Nation, to credibly 
uphold sovereignty or respond to contingencies in the Arctic.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the Arctic is a region of strategic importance to the 
national security interests of the United States, and the Coast 
Guard must better align its mission prioritization and develop-
ment of capabilities to meet the growing array of challenges 
in the region; 
(2) the increasing freedom of navigation and expansion 
of activity in the Arctic must be met with an increasing show 
of Coast Guard forces capable of exerting influence through 
persistent presence; 
(3) Congress fully supports the needed and important re- 
capitalization of the fleet of cutters and aircraft of the Coast 
Guard, but, the Coast Guard must avoid overextending oper-
ational assets for remote international missions at the cost 
of dedicated focus on this domestic area of responsibility with 
significant international interest and activity; and 
(4) although some progress has been made to increase 
awareness of Arctic issues and to promote increased presence 
in the region, additional measures are needed to protect vital 
economic, environmental, and national security interests of the 
United States, and to show the commitment of the United
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States to this emerging strategic choke point of increasing 
great power competition. 
(c) ARCTIC DEFINED.—In this section, the term ‘‘Arctic’’ has 
the meaning given that term in section 112 of the Arctic Research 
and Policy Act of 1984 (15 U.S.C. 4111). 
SEC. 8422. ARCTIC PARS NATIVE ENGAGEMENT. 
The Commandant shall— 
(1) engage directly with local coastal whaling and fishing 
communities in the Arctic region when conducting the Alaskan 
Arctic Coast Port Access Route Study, in accordance with 
chapter 700 of title 46, United States Code, and as described 
in the notice of study published in the Federal Register on 
December 21, 2018 (83 Fed. Reg. 65701); and 
(2) consider the concerns of the Arctic coastal community 
regarding any Alaskan Arctic Coast Port Access Route, 
including safety needs and concerns. 
SEC. 8423. VOTING REQUIREMENT. 
Section 305(i)(1)(G)(iv) of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1855(i)(1)(G)(iv)) is 
amended to read as follows: 
‘‘(iv) VOTING REQUIREMENT.—The panel may act 
only by the affirmative vote of at least 5 of its members, 
except that any decision made pursuant to the last 
sentence of subparagraph (C) shall require the unani-
mous vote of all 6 members of the panel.’’. 
SEC. 8424. REPORT ON THE ARCTIC CAPABILITIES OF THE ARMED 
FORCES. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of the department 
in which the Coast Guard is operating shall submit to the appro-
priate committees of Congress a report setting forth the results 
of a study on the Arctic capabilities of the Armed Forces. The 
Secretary shall enter into a contract with an appropriate federally 
funded research and development center for the conduct of the 
study. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) A comparison of the capabilities of the United States, 
the Russian Federation, the People’s Republic of China, and 
other countries operating in the Arctic, including an assessment 
of the ability of the navy of each such country to operate 
in varying sea-ice conditions. 
(2) A description of commercial and foreign military surface 
forces currently operating in the Arctic in conditions inacces-
sible to Navy surface forces. 
(3) An assessment of the potential security risk posed to 
Coast Guard forces by military forces of other countries oper-
ating in the Arctic in conditions inaccessible to Navy surface 
or aviation forces in the manner such forces currently operate. 
(4) A comparison of the domain awareness capabilities 
of— 
(A) Coast Guard forces operating alone; and 
(B) Coast Guard forces operating in tandem with Navy 
surface and aviation forces and the surface and aviation 
forces of other allies.
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(5) A comparison of the defensive capabilities of— 
(A) Coast Guard forces operating alone; and 
(B) Coast Guard forces operating in mutual defense 
with Navy forces, other Armed Forces, and the military 
forces of allies. 
(c) FORM.—The report required under subsection (a) shall be 
submitted in unclassified form, but may contain a classified annex. 
(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committee on Armed Services, the Committee on 
Commerce, Science, and Transportation, and the Committee 
on Appropriations of the Senate; and 
(2) the Committee on Armed Services, the Committee on 
Transportation and Infrastructure, and the Committee on 
Appropriations of the House of Representatives. 
SEC. 8425. REPORT ON ARCTIC SEARCH AND RESCUE. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the Commandant shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives a report on the search and rescue capabili-
ties of the Coast Guard in Arctic coastal communities. 
(b) CONTENTS.—The report under subsection (a) shall include 
the following: 
(1) An identification of ways in which the Coast Guard 
can more effectively partner with Arctic coastal communities 
to respond to search and rescue incidents through training, 
funding, and deployment of assets. 
(2) An analysis of the costs of forward deploying on a 
seasonal basis Coast Guard assets in support of such commu-
nities for responses to such incidents. 
SEC. 8426. ARCTIC SHIPPING FEDERAL ADVISORY COMMITTEE. 
(a) PURPOSE.—The purpose of this section is to establish a 
Federal advisory committee to provide policy recommendations to 
the Secretary of Transportation on positioning the United States 
to take advantage of emerging opportunities for Arctic maritime 
transportation. 
(b) DEFINITIONS.—In this section: 
(1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’ 
means the Arctic Shipping Federal Advisory Committee estab-
lished under subsection (c)(1). 
(2) ARCTIC.—The term ‘‘Arctic’’ has the meaning given the 
term in section 112 of the Arctic Research and Policy Act 
of 1984 (15 U.S.C. 4111). 
(3) ARCTIC
SEA
ROUTES.—The term ‘‘Arctic Sea Routes’’ 
means the international Northern Sea Route, the Transpolar 
Sea Route, and the Northwest Passage. 
(c) ESTABLISHMENT OF THE ARCTIC SHIPPING FEDERAL ADVISORY 
COMMITTEE.— 
(1) ESTABLISHMENT OF ADVISORY COMMITTEE.— 
(A) IN GENERAL.—The Secretary of Transportation, in 
coordination with the Secretary of State, the Secretary 
of Defense acting through the Secretary of the Army and 
the Secretary of the Navy, the Secretary of Commerce, 
and the Secretary of the Department in which the Coast
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Guard is operating, shall establish an Arctic Shipping Fed-
eral Advisory Committee in the Department of Transpor-
tation to advise the Secretary of Transportation and the 
Secretary of the Department in which the Coast Guard 
is operating on matters related to Arctic maritime transpor-
tation, including Arctic seaway development. 
(B) MEETINGS.—The Advisory Committee shall meet 
at the call of the Chairperson, and at least once annually 
in Alaska. 
(2) MEMBERSHIP.— 
(A) IN GENERAL.—The Advisory Committee shall be 
composed of 17 members as described in subparagraph 
(B). 
(B) COMPOSITION.—The members of the Advisory Com-
mittee shall be— 
(i) 1 individual appointed and designated by the 
Secretary of Transportation to serve as the Chair-
person of the Advisory Committee; 
(ii) 1 individual appointed and designated by the 
Secretary of the Department in which the Coast Guard 
is operating to serve as the Vice Chairperson of the 
Advisory Committee; 
(iii) 1 designee of the Secretary of Commerce; 
(iv) 1 designee of the Secretary of State; 
(v) 1 designee of the Secretary of Transportation; 
(vi) 1 designee of the Secretary of Defense; 
(vii) 1 designee from the State of Alaska, nomi-
nated by the Governor of Alaska and designated by 
the Secretary of Transportation; 
(viii) 1 designee from the State of Washington, 
nominated by the Governor of Washington and des-
ignated by the Secretary of Transportation; 
(ix) 3 Alaska Native Tribal members; 
(x) 1 individual representing Alaska Native 
subsistence co-management groups affected by Arctic 
maritime transportation; 
(xi) 1 individual representing coastal communities 
affected by Arctic maritime transportation; 
(xii) 1 individual representing vessels of the United 
States (as defined in section 116 of title 46, United 
States Code) participating in the shipping industry; 
(xiii) 1 individual representing the marine safety 
community; 
(xiv) 1 individual representing the Arctic business 
community; and 
(xv) 1 individual representing maritime labor 
organizations. 
(C) TERMS.— 
(i) LIMITATIONS.—Each member of the Advisory 
Committee described in clauses (vii) through (xv) of 
subparagraph (B) shall serve for a 2-year term and 
shall not be eligible for more than 2 consecutive term 
reappointments. 
(ii) VACANCIES.—Any vacancy in the membership 
of the Advisory Committee shall not affect its respon-
sibilities, but shall be filled in the same manner as
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the original appointment and in accordance with the 
Federal Advisory Committee Act (5 U.S.C. App.). 
(3) FUNCTIONS.—The Advisory Committee shall carry out 
all of the following functions: 
(A) Develop a set of policy recommendations that would 
enhance the leadership role played by the United States 
in improving the safety and reliability of Arctic maritime 
transportation in accordance with customary international 
maritime law and existing Federal authority. Such policy 
recommendations shall consider options to establish a 
United States entity that could perform the following func-
tions in accordance with United States law and customary 
international maritime law: 
(i) Construction, operation, and maintenance of 
current and future maritime infrastructure necessary 
for vessels transiting the Arctic Sea Routes, including 
potential new deep draft and deepwater ports. 
(ii) Provision of services that are not widely 
commercially available in the United States Arctic that 
would— 
(I) 
improve 
Arctic 
maritime 
safety 
and 
environmental protection; 
(II) enhance Arctic maritime domain aware-
ness; and 
(III) support navigation and incident response 
for vessels transiting the Arctic Sea Routes. 
(iii) Establishment of rules of measurement for 
vessels and cargo for the purposes of levying voluntary 
rates of charges or fees for services. 
(B) As an option under subparagraph (A), consider 
establishing a congressionally chartered seaway develop-
ment corporation modeled on the Saint Lawrence Seaway 
Development Corporation, and— 
(i) develop recommendations for establishing such 
a corporation and a detailed implementation plan for 
establishing such an entity; or 
(ii) if the Advisory Committee decides against rec-
ommending the establishment of such a corporation, 
provide a written explanation as to the rationale for 
the decision and develop an alternative, as practicable. 
(C) Provide advice and recommendations, as requested, 
to the Secretary of Transportation and the Secretary of 
the Department in which the Coast Guard is operating 
on Arctic marine transportation, including seaway develop-
ment, and consider national security interests, where 
applicable, in such recommendations. 
(D) In developing the advice and recommendations 
under subparagraph (C), engage with and solicit feedback 
from coastal communities, Alaska Native subsistence co- 
management groups, and Alaska Native tribes. 
(d) REPORT TO CONGRESS.—Not later than 2 years after the 
date of enactment of this Act, the Advisory Committee shall submit 
a report with its recommendations under subparagraphs (A) and 
(B) of subsection (c)(3) to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives.
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(e) TERMINATION OF THE ADVISORY COMMITTEE.—Not later than 
8 years after the submission of the report described in subsection 
(d), the Secretary of Transportation shall dissolve the Advisory 
Committee. 
(f) INTERNATIONAL ENGAGEMENT.—If a Special Representative 
for the Arctic Region is appointed by the Secretary of State, the 
duties of that Representative shall include— 
(1) coordination of any activities recommended by the 
implementation plan submitted by the Advisory Committee 
and approved by the Secretary of Transportation; and 
(2) facilitation of multilateral dialogues with member and 
observer nations of the Arctic Council to encourage cooperation 
on Arctic maritime transportation. 
(g) TRIBAL CONSULTATION.—In implementing any of the rec-
ommendations provided under subsection (c)(3)(C), the Secretary 
of Transportation shall consult with Alaska Native tribes. 
Subtitle D—Other Matters 
SEC. 8431. PLAN FOR WING-IN-GROUND DEMONSTRATION PLAN. 
(a) IN GENERAL.—(1) The Commandant, in coordination with 
the Administrator of the Federal Aviation Administration with 
regard to any regulatory or safety matter regarding airspace, air 
space authorization, or aviation, shall develop plans for a dem-
onstration program that will determine whether wing-in-ground 
craft, as such term is defined in section 2101 of title 46, United 
States Code, that is capable of carrying at least one individual, 
can— 
(A) provide transportation in areas in which energy explo-
ration, development or production activity takes place on the 
Outer Continental Shelf; and 
(B) under the craft’s own power, safely reach helidecks 
or platforms located on offshore energy facilities. 
(2) REQUIREMENTS.—The plans required under paragraph (1) 
shall— 
(A) examine and explain any safety issues with regard 
to the operation of the such craft as a vessel, or as an aircraft, 
or both; 
(B) include a timeline and technical milestones for the 
implementation of such a demonstration program; 
(C) outline resource requirements needed to undertake such 
a demonstration program; 
(D) describe specific operational circumstances under which 
the craft may be used, including distance from United States 
land, altitude, number of individuals, amount of cargo, and 
speed and weight of vessel; 
(E) describe the operations under which Federal Aviation 
Administration statutes, regulations, circulars, or orders apply; 
and 
(F) describe the certifications, permits, or authorizations 
required to perform any operations. 
(b) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Commandant, along with the Administrator 
of the Federal Aviation Administration with regard to any regu-
latory or safety matter regarding airspace, air space authorization,
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or aviation, shall brief the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee on 
Commerce, Science and Transportation of the Senate on the plan 
developed under subsection (a), including— 
(1) any regulatory changes needed regarding inspections 
and manning, to allow such craft to operate between onshore 
facilities and offshore energy facilities when such craft is oper-
ating as a vessel; 
(2) any regulatory changes that would be necessary to 
address potential impacts to air traffic control, the National 
Airspace System, and other aircraft operations, and to ensure 
safe operations on or near helidecks and platforms located 
on offshore energy facilities when such craft are operating 
as aircraft; and 
(3) any other statutory or regulatory changes related to 
authority of the Federal Aviation Administration over oper-
ations of the craft. 
SEC. 8432. NORTHERN MICHIGAN OIL SPILL RESPONSE PLANNING. 
Notwithstanding any other provision of law, not later than 
180 days after the date of the enactment of this Act, the Secretary 
of the department in which the Coast Guard is operating, in con-
sultation with the Administrator of the Environmental Protection 
Agency and the Administrator of the Pipeline and Hazardous Mate-
rials Safety Administration, shall update the Northern Michigan 
Area Contingency Plan to include a worst-case discharge from a 
pipeline in adverse weather conditions. 
SEC. 8433. DOCUMENTATION OF LNG TANKERS. 
(a) ‘‘Safari Voyager’’.— 
(1) IN
GENERAL.—Notwithstanding sections 12112 and 
12132 of title 46, United States Code, the Secretary of the 
department in which the Coast Guard is operating shall issue 
a certificate of documentation with a coastwise endorsement 
for the vessel Safari Voyager (International Maritime Organiza-
tion number 8963753). 
(2) REVOCATION OF EFFECTIVENESS OF CERTIFICATE.—A cer-
tificate of documentation issued under paragraph (1) is revoked 
on the date of the sale of the vessel or the entity that owns 
the vessel. 
(b) ‘‘Pacific Provider’’.— 
(1) IN
GENERAL.—Notwithstanding sections 12112 and 
12132 of title 46, United States Code, the Secretary of the 
department in which the Coast Guard is operating may issue 
a certificate of documentation with a coastwise endorsement 
for the vessel Pacific Provider (United States official number 
597967). 
(2) REVOCATION OF EFFECTIVENESS OF CERTIFICATE.—A cer-
tificate of documentation issued under paragraph (1) is revoked 
on the date of the sale of the vessel or the entity that owns 
the vessel. 
(c) AMERICA’S CUP ACT OF 2011.—Section 7(b) of the America’s 
Cup Act of 2011 (Public Law 112–61) is amended— 
(1) in paragraph (3)— 
(A) by striking ‘‘of the vessel on the date of enactment 
of this Act’’; and 
(B) by inserting before the period the following: ‘‘, 
unless prior to any such sale the vessel has been operated
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in a coastwise trade for not less than 1 year after the 
date of enactment of the Elijah E. Cummings Coast Guard 
Authorization Act of 2020 and prior to sale of vessel’’; 
(2) by redesignating paragraphs (2) and (3) as paragraphs 
(4) and (5), respectively; and 
(3) by inserting after paragraph (1) the following: 
‘‘(2) LIMITATION
ON
OWNERSHIP.—The Secretary of the 
department in which the Coast Guard is operating may only 
issue a certificate of documentation with a coastwise endorse-
ment to a vessel designated in paragraph (1) if the owner 
of the vessel is an individual or individuals who are citizens 
of the United States, or is an entity deemed to be such a 
citizen under section 50501 of title 46, United States Code. 
‘‘(3) LIMITATION ON REPAIR AND MODIFICATION.— 
‘‘(A) REQUIREMENT.—Any qualified work shall be per-
formed at a shipyard facility located in the United States. 
‘‘(B) EXCEPTIONS.—The requirement in subparagraph 
(A) does not apply to any qualified work— 
‘‘(i) for which the owner or operator enters into 
a binding agreement no later than 1 year after the 
date of enactment of the Elijah E. Cummings Coast 
Guard Authorization Act of 2020; or 
‘‘(ii) necessary for the safe towage of the vessel 
from outside the United States to a shipyard facility 
in the United States for completion of the qualified 
work. 
‘‘(C) DEFINITION.—In this paragraph, qualified work 
means repair and modification necessary for the issuance 
of a certificate of inspection issued as a result of the waiver 
for which a coastwise endorsement is issued under para-
graph (1).’’. 
SEC. 8434. REPLACEMENT VESSEL. 
Notwithstanding section 208(g)(5) of the American Fisheries 
Act (Public Law 105–277; 16 U.S.C. 1851 note), a vessel eligible 
under section 208(e)(21) of such Act that is replaced under section 
208(g) of such Act shall be subject to a sideboard restriction catch 
limit of zero metric tons in the Bering Sea and Aleutian Islands 
and in the Gulf of Alaska unless that vessel is also a replacement 
vessel under section 679.4(o)(4) of title 50, Code of Federal Regula-
tions, in which case such vessel shall not be eligible to be a catcher/ 
processor under section 206(b)(2) of such Act. 
SEC. 8435. EDUCATIONAL VESSEL. 
(a) IN GENERAL.—Notwithstanding section 12112(a)(2) of title 
46, United States Code, the Secretary of the department in which 
the Coast Guard is operating may issue a certificate of documenta-
tion with a coastwise endorsement for the vessel Oliver Hazard 
Perry (IMO number 8775560; United States official number 
1257224). 
(b) TERMINATION OF EFFECTIVENESS OF ENDORSEMENT.—The 
coastwise endorsement authorized under subsection (a) for the 
vessel Oliver Hazard Perry (IMO number 8775560; United States 
official number 1257224) shall expire on the first date on which 
any of the following occurs: 
(1) The vessel is sold to a person, including an entity, 
that is not related by ownership or control to the person,
H. R. 6395—1349 
including an entity, that owned the vessel on the date of the 
enactment of this Act. 
(2) The vessel is rebuilt and not rebuilt in the United 
States (as defined in section 12101(a) of title 46, United States 
Code). 
(3) The vessel is no longer operating in primary service 
as a sailing school vessel. 
SEC. 8436. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED 
STATES FOR CERTAIN PURPOSES. 
The Coalbank Slough in Coos Bay, Oregon, is deemed to not 
be navigable waters of the United States for all purposes of sub-
chapter J of Chapter I of title 33, Code of Federal Regulations. 
SEC. 8437. ANCHORAGES. 
(a) IN GENERAL.—The Secretary of the department in which 
the Coast Guard is operating shall suspend the establishment of 
new anchorage grounds on the Hudson River between Yonkers, 
New York, and Kingston, New York, under section 7 of the Rivers 
and Harbors Appropriations Act of 1915 (33 U.S.C. 471) or chapter 
700 of title 46, United States Code. 
(b) RESTRICTION.—The Commandant may not establish or 
expand any anchorage grounds outside of the reach on the Hudson 
River described in subsection (a) without first providing notice 
to the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate not later than 180 days prior to 
the establishment or expansion of any such anchorage grounds. 
(c) SAVINGS CLAUSE.—Nothing in this section— 
(1) prevents the master or pilot of a vessel operating on 
the reach of the Hudson River described in subsection (a) 
from taking actions necessary to maintain the safety of the 
vessel or to prevent the loss of life or property; or 
(2) shall be construed as limiting the authority of the 
Secretary of the department in which the Coast Guard is oper-
ating to exercise authority over the movement of a vessel under 
section 70002 of title 46, United States Code, or any other 
applicable laws or regulations governing the safe navigation 
of a vessel. 
(d) STUDY.—The Commandant of the Coast Guard, in consulta-
tion with the Hudson River Safety, Navigation, and Operations 
Committee, shall conduct a study of the Hudson River north of 
Tarrytown, New York to examine— 
(1) the nature of vessel traffic including vessel types, sizes, 
cargoes, and frequency of transits; 
(2) the risks and benefits of historic practices for commer-
cial vessels anchoring; and 
(3) the risks and benefits of establishing anchorage grounds 
on the Hudson River. 
(e) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Commandant of the Coast Guard shall submit 
to the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing the findings, 
conclusions, and recommendations from the study required under 
subsection (d).