[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5957 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 5957

       To reduce risks to marine mammals, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 12, 2021

Mr. Larsen of Washington (for himself, Mr. Fitzpatrick, Mr. Kilmer, Ms. 
Strickland, Mr. Grijalva, Ms. Schrier, and Ms. DelBene) introduced the 
    following bill; which was referred to the Committee on Natural 
  Resources, and in addition to the Committees on Transportation and 
  Infrastructure, and Armed Services, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
       To reduce risks to marine mammals, and for other purposes.

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

SECTION 1. VESSEL SPEED RESTRICTIONS IN MARINE MAMMAL HABITAT.

    (a) In General.--The Marine Mammal Protection Act of 1972 (16 
U.S.C. 1361 et seq.) is amended by inserting after section 120 the 
following:

``SEC. 121. VESSEL SPEED RESTRICTIONS IN MARINE MAMMAL HABITAT.

    ``(a) In General.--The Secretary shall, in coordination with the 
Marine Mammal Commission and the Commandant of the Coast Guard, and 
applying the best available scientific information--
            ``(1) designate areas of importance for marine mammals 
        known to experience vessel strikes and establish for each such 
        area seasonal or year-round mandatory vessel speed restrictions 
        to reduce vessel strikes or other vessel-related impacts, as 
        necessary, for vessels operating in such areas; and
            ``(2) implement for such species, as appropriate, dynamic 
        management area programs incorporating mandatory vessel 
        restrictions to protect marine mammals from vessel strikes or 
        other vessel-related impacts occurring outside designated areas 
        of importance.
    ``(b) Areas of Importance.--In designating areas under subsection 
(a), the Secretary--
            ``(1) shall consider including--
                    ``(A) the important feeding, breeding, calving, 
                rearing, or migratory habitat for priority species of 
                marine mammals, including all areas designated as 
                critical habitat for such species under section 4 of 
                the Endangered Species Act of 1973 (16 U.S.C. 1533) 
                except any area the Secretary determines does not 
                intersect with areas of vessel traffic such that an 
                elevated risk of mortality or injury caused by vessel 
                strikes exists; and
                    ``(B) areas of high marine mammal mortality, 
                injury, or harassment caused by vessel strikes; and
            ``(2) may consider including--
                    ``(A) any area designated as a National Marine 
                Sanctuary, Marine National Monument, National Park, or 
                National Wildlife Refuge; and
                    ``(B) areas of high marine mammal primary 
                productivity with year-round or seasonal aggregations 
                of marine mammals to which this section applies.
    ``(c) Deadline for Regulations.--Not later than 2 years after the 
date of the enactment of this section, the Secretary shall designate 
areas and vessel restrictions under subsection (a) and issue such 
regulations as are necessary to carry out this section, consistent with 
notice and comment requirements under chapter 5 of title 5, United 
States Code.
    ``(d) Modifying or Designating New Areas of Importance.--
            ``(1) In general.--The Secretary shall issue regulations to 
        modify or designate the areas of importance and vessel 
        restrictions under this section not later than 180 days after 
        the issuance of regulations to establish or to modify critical 
        habitat for marine mammals pursuant to the Endangered Species 
        Act of 1973 (16 U.S.C. 1531 et seq.).
            ``(2) Reexamination.--The Secretary shall--
                    ``(A) reexamine the areas of importance designated 
                and vessel restrictions under this section every 5 
                years following the initial issuance of the regulations 
                to determine if the best available scientific 
                information warrants modification or designation of 
                areas of importance for vessel restrictions; and
                    ``(B) not later then 14 months after any revisions 
                under subparagraph (A), publish such revisions in the 
                Federal Register after notice and opportunity for 
                public comment.
            ``(3) Petition; findings; regulations.--
                    ``(A) Initial finding.--Not later than 90 days 
                after receiving the petition of an interested person 
                under section 553(e) of title 5, United States Code, to 
                designate, modify, or add an area of importance or 
                vessel restriction under this section, the Secretary 
                shall make a finding as to whether the petition 
                presents substantial scientific information indicating 
                that the petitioned action may be warranted.
                    ``(B) Additional findings; regulations.--The 
                Secretary shall--
                            ``(i) promptly publish a finding under 
                        subparagraph (A) in the Federal Register for 
                        comment;
                            ``(ii) not later than 1 year after the 
                        close of comments under clause (i), publish in 
                        the Federal Register a finding of whether the 
                        petitioned action is warranted;
                            ``(iii) if the Secretary determines that 
                        the petitioned action is warranted, publish 
                        draft regulations designating or modifying and 
                        vessel restrictions the area of importance; and
                            ``(iv) not later than 12 months after 
                        publication of draft regulations under clause 
                        (iii), issue final regulations designating or 
                        modifying the area of importance and vessel 
                        restrictions.
    ``(e) Exceptions for Safe Maneuvering and Using Authorized 
Technology.--
            ``(1) In general.--Restrictions established under 
        subsection (a) shall not apply to a vessel operating at a speed 
        necessary to maintain safe maneuvering speed if such speed is 
        justified because the vessel is in an area where oceanographic, 
        hydrographic, or meteorological conditions severely restrict 
        the maneuverability of the vessel and the need to operate at 
        such speed is confirmed by the pilot on board or, when a vessel 
        is not carrying a pilot, the master of the vessel. If a 
        deviation from the applicable speed limit is necessary pursuant 
        to this subsection, the reasons for the deviation, the speed at 
        which the vessel is operated, the latitude and longitude of the 
        area, and the time and duration of such deviation shall be 
        entered into the logbook of the vessel. The master of the 
        vessel shall attest to the accuracy of the logbook entry by 
        signing and dating the entry.
            ``(2) Authorized technology.--
                    ``(A) In general.--Vessel restrictions established 
                under subsection (a) shall not apply to a vessel 
                operating using technology authorized by regulations 
                issued by the Secretary under subparagraph (B).
                    ``(B) Regulations.--The Secretary may issue 
                regulations authorizing a vessel to operate using 
                technology specified by the Secretary under this 
                subparagraph if the Secretary determines that such 
                operation is at least as effective as the vessel 
                restrictions established under subsection (a) in 
                reducing mortality and injury to marine mammals.
    ``(f) Applicability.--Any speed restriction established under 
subsection (a)--
            ``(1) shall apply to all vessels subject to the 
        jurisdiction of the United States, all other vessels entering 
        or departing a port or place subject to the jurisdiction of the 
        United States, and all other vessels within the Exclusive 
        Economic Zone of the United States, regardless of flag; and
            ``(2) shall not apply to--
                    ``(A) vessels owned, operated, or under contract by 
                the Department of Defense or the Department of Homeland 
                Security, or engaged with such vessels;
                    ``(B) law enforcement vessels of the Federal 
                Government or of a State or political subdivision 
                thereof, when such vessels are engaged in law 
                enforcement or search and rescue duties;
                    ``(C) pilot vessels engaged in support of pilotage 
                operations; or
                    ``(D) vessels with foreign sovereign immunity, as 
                reflected under international law.
    ``(g) Statutory Construction.--
            ``(1) In general.--Nothing in this section shall be 
        interpreted or implemented in a manner that--
                    ``(A) subject to paragraph (2), preempts or 
                modifies any obligation of any person subject to the 
                provisions of this title to act in accordance with 
                applicable State laws, except to the extent that those 
                laws are inconsistent with any provision of this title, 
                and then only to the extent of the inconsistency;
                    ``(B) affects or modifies any obligation under 
                Federal law; or
                    ``(C) preempts or supersedes the final rule titled 
                `To Implement Speed Restrictions to Reduce the Threat 
                of Ship Collisions With North Atlantic Right Whales', 
                codified at section 224.105 of title 50, Code of 
                Federal Regulations, except for actions that are more 
                protective than the Final Rule and further reduce the 
                risk of take to North Atlantic right whales.
            ``(2) Inconsistencies.--The Secretary may determine whether 
        inconsistencies referred to in paragraph (1)(A) exist, but may 
        not determine that any State law is inconsistent with any 
        provision of this title if the Secretary determines that such 
        law gives greater protection to covered marine species and 
        their habitat.
    ``(h) Priority Species.--For the purposes of this section, the term 
`priority species' means, at a minimum, all Mysticeti species, species 
within the genera Physeter and Trichechus, and the Southern Resident 
Killer Whale distinct population segment of Orcinus orca.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated--
            ``(1) to the Secretary to carry out this section, 
        $3,000,000 for each of fiscal years 2022 through 2026; and
            ``(2) to the Commandant of the Coast Guard to carry out 
        this section, $3,000,000 for each of fiscal years 2024 through 
        2026.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of such Act is amended by inserting after the item relating to section 
120 the following:

``Sec. 121. Vessel speed restrictions in marine mammal habitat.''.

SEC. 2. MONITORING OCEAN SOUNDSCAPES.

    (a) In General.--The Secretary of Commerce, acting through the 
Administrator of the National Oceanic and Atmospheric Administration 
(hereinafter in this Act referred to as the ``Administrator''), and the 
Director of the United States Fish and Wildlife Service (hereinafter in 
this Act referred to as the ``Director'') shall maintain and expand an 
Ocean Noise Reference Station Network, using and coordinating with the 
Integrated Ocean Observing System, the Office of National Marine 
Sanctuaries, and the Department of Defense, to--
            (1) provide grants to expand the deployment of Federal and 
        non-Federal observing and data management systems capable of 
        collecting measurements of underwater sound in high-priority 
        ocean and coastal locations for purposes of monitoring and 
        analyzing baselines and trends in the underwater soundscape to 
        protect and manage marine life;
            (2) continue to develop and apply standardized forms of 
        measurements to assess sounds produced by marine animals, 
        physical processes, and anthropogenic activities; and
            (3) after coordinating with the Department of Defense, 
        coordinate and make accessible to the public the datasets, 
        modeling and analysis, and user-driven products and tools, 
        resulting from observations of underwater sound funded through 
        grants authorized by this section.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator, to support integrated ocean 
observations activities carried out under this section, $1,500,000 for 
each of fiscal years 2022 through 2026.

SEC. 3. GRANTS FOR SEAPORTS TO ESTABLISH PROGRAMS TO REDUCE THE IMPACTS 
              OF VESSEL TRAFFIC AND PORT OPERATIONS ON MARINE MAMMALS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator and the Director, in 
coordination with the Secretary of Defense, shall establish a grant 
program to provide assistance to up to 10 seaports to develop and 
implement mitigation measures that will lead to a quantifiable 
reduction in threats to marine mammals from shipping activities and 
port operations.
    (b) Eligible Uses.--A grant under this section may be used to 
develop, assess, and carry out activities that quantifiably reduce 
threats and enhance the habitats of marine mammals by--
            (1) reducing underwater stressors related to marine 
        traffic;
            (2) reducing vessel strike mortality and other physical 
        disturbances;
            (3) enhancing marine mammal habitat, including the habitat 
        for prey of marine mammals; or
            (4) monitoring sound, vessel interactions with marine 
        mammals, or other types of monitoring that are consistent with 
        reducing the threats to and enhancing the habitats of marine 
        mammals.
    (c) Priority.--The Administrator and the Director shall prioritize 
assistance under this section for projects that--
            (1) assist ports with higher relative threat levels to 
        vulnerable marine mammals from vessel traffic;
            (2) reduce disturbance from vessel presence or mortality 
        risk from vessel strikes;
            (3) are in close proximity to National Marine Sanctuaries, 
        Marine National Monuments, National Parks, National Wildlife 
        Refuges, and other Federal, State, and local marine protected 
        areas; and
            (4) allow eligible entities to conduct risk assessments and 
        track progress toward threat reduction and habitat enhancement, 
        including protecting coral reefs from encroachment by commerce 
        and shipping lanes.
    (d) Outreach.--The Administrator and the Director shall conduct 
outreach to seaports to provide information on how to apply for 
assistance under this section, the benefits of the program under this 
section, and facilitation of best practices and lessons learned.
    (e) Eligible Entities.--A person shall be eligible for assistance 
under this section if the person is--
            (1) a port authority for a seaport;
            (2) a State, regional, local, or Tribal agency that has 
        jurisdiction over a maritime port authority or a seaport; or
            (3) a private entity or government entity, applying for a 
        grant awarded under this section in collaboration with another 
        entity described in paragraph (1) or (2), that owns or operates 
        a maritime terminal.
    (f) Report.--The Administrator and the Director shall jointly 
submit annually to the Committee on Natural Resources of the House of 
Representatives, and the Committee on Commerce, Science, and 
Transportation of the Senate, a report that includes the following:
            (1) The name and location of each entity receiving a grant.
            (2) The amount of each grant.
            (3) The name and location of the seaport in which the 
        activities took place.
            (4) A description of the activities carried out with the 
        grant funds.
            (5) An estimate of the impact of the project to reduce 
        threats or enhance habitat of marine mammals.
    (g) Requirements for Department of Defense Consultation.--
            (1) In general.--Prior to awarding any grants under this 
        section, the Administrator and the Director shall consult with 
        the Secretary of Defense to ensure each eligible entity and its 
        proposed activities do not raise national security concerns.
            (2) Notification.--In carrying out the requirements of 
        paragraph (1), the Administrator and the Director shall--
                    (A) provide the Secretary of Defense with a copy of 
                any grant applications being considered for funding; 
                and
                    (B) ensure such grant applications include any 
                information requested by the Secretary of Defense to 
                conduct a national security review.
            (3) Determination of potential adverse impact.--
                    (A) Requirement.--Not later than 60 days after 
                receiving the information requested pursuant to 
                paragraph (2), the Secretary of Defense shall determine 
                whether a proposed activity may have a potential 
                adverse impact with respect to national security. A 
                determination that cannot be completed in the 60-day 
                period may be extended by mutual agreement between the 
                agencies.
                    (B) No determination made.--A determination 
                required under this paragraph that has not been issued 
                within 120 days, and for which the Administrator and 
                the Director have not agreed to further extensions, 
                shall be considered complete for the purposes of this 
                subsection and the proposed activity may move forward.
                    (C) Limitation.--Neither the Administrator or the 
                Director may award any grants until the Secretary of 
                Defense has completed a determination pursuant to this 
                subsection. A proposed activity determined to have a 
                potential adverse impact to national security may not 
                proceed until modifications are made to such proposed 
                activity to resolve national security concerns.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator, for carrying out this section, 
$5,000,000 for each of fiscal years 2022 through 2026, to remain 
available until expended.

SEC. 4. NEAR REAL-TIME MONITORING AND MITIGATION PROGRAM FOR LARGE 
              WHALES.

    (a) Establishment of the Program.--The Administrator, in 
coordination with the Secretary of Defense and the heads of other 
relevant Federal departments and agencies, shall design and deploy a 
Near Real-Time Large Whale Monitoring and Mitigation Program in order 
to curtail the risk to large whales of vessel collisions, entanglement 
in commercial fishing gear, and to minimize other impacts, including 
underwater noise from development activities. Such program shall be 
capable of detecting and alerting ocean users and enforcement agencies 
of the location of large whales on a near real-time basis, informing 
sector-specific mitigation protocols that can effectively reduce take 
of large whales, and continually integrating improved technology. The 
program shall be informed by the technologies, monitoring methods, and 
mitigation protocols developed pursuant to the pilot program required 
in subsection (b).
    (b) Pilot Project.--
            (1) Establishment.--In carrying out subsection (a), the 
        Administrator shall first establish a pilot monitoring and 
        mitigation project for North Atlantic right whales for the 
        purposes of informing a cost-effective, efficient, and results-
        oriented near real-time monitoring and mitigation program for 
        large whales.
            (2) Pilot project requirements.--In designing and deploying 
        the monitoring system, the Administrator, in coordination with 
        the heads of other relevant Federal departments and agencies, 
        shall, using best available scientific information, identify 
        and ensure coverage of--
                    (A) core foraging habitats of North Atlantic right 
                whales, including--
                            (i) the ``South of the Islands'' core 
                        foraging habitat;
                            (ii) the ``Cape Cod Bay Area'' core 
                        foraging habitat;
                            (iii) the ``Great South Channel'' core 
                        foraging habitat; and
                            (iv) the Gulf of Maine; and
                    (B) important feeding, breeding, calving, rearing, 
                or migratory habitats of North Atlantic right whales 
                that co-occur with areas of high risk of mortality, 
                injury, or harassment of such whales from vessel 
                strikes, disturbance from development activities, and 
                entanglement in commercial fishing gear.
            (3) Pilot project monitoring components.--
                    (A) In general.--Not later than 3 years after the 
                date of the enactment of this Act, the Administrator, 
                in consultation with relevant Federal agencies, Tribal 
                governments, and with input from affected stakeholders, 
                shall design and deploy a real-time monitoring system 
                for North Atlantic right whales that includes near 
                real-time monitoring methods, technologies, and 
                protocols that--
                            (i) comprise sufficient detection power, 
                        spatial coverage, and survey effort to detect 
                        and localize North Atlantic right whales within 
                        core foraging habitats;
                            (ii) are capable of detecting North 
                        Atlantic right whales acoustically and 
                        visually, including during periods of poor 
                        visibility and darkness;
                            (iii) take advantage of dynamic habitat 
                        suitability models that help to discern the 
                        likelihood of North Atlantic right whale 
                        occurrence in core foraging habitat at any 
                        given time;
                            (iv) coordinate with the Integrated Ocean 
                        Observing System to leverage monitoring assets;
                            (v) integrate new near real-time monitoring 
                        methods and technologies as they become 
                        available;
                            (vi) accurately verify and rapidly 
                        communicate detection data; and
                            (vii) allow for ocean users to contribute 
                        data that is verified to be collected using 
                        comparable near real-time monitoring methods 
                        and technologies.
                    (B) National security considerations.--All 
                monitoring methods, technologies, and protocols under 
                subparagraph (A) shall be consistent with national 
                security considerations and interests.
            (4) Pilot program mitigation protocols.--The Secretary 
        shall, in consultation with the Secretary of Homeland Security, 
        Secretary of Defense, Secretary of Transportation, and 
        Secretary of the Interior, and with input from affected 
        stakeholders, develop and deploy mitigation protocols that make 
        use of the near real-time monitoring system to direct sector-
        specific mitigation measures that avoid and significantly 
        reduce risk of injury and mortality to North Atlantic right 
        whales.
            (5) Pilot program access to data.--The Administrator shall 
        provide access to data generated by the monitoring system for 
        purposes of scientific research and evaluation, and public 
        awareness and education, through the NOAA Right Whale Sighting 
        Advisory System and WhaleMap or other successive public web 
        portals, subject to review for national security 
        considerations.
            (6) Pilot program reporting.--
                    (A) Interim report.--Not later than 2 years after 
                the date of the enactment of this Act, the 
                Administrator shall submit to the Committee on Natural 
                Resources of the House of Representatives, and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate, and make available to the public, an 
                interim report that assesses the benefits and efficacy 
                of the North Atlantic right whale near real-time 
                monitoring and mitigation pilot program. The report 
                shall include--
                            (i) a description of the monitoring methods 
                        and technology in use or planned for 
                        deployment;
                            (ii) analyses of the efficacy of the 
                        methods and technology in use or planned for 
                        deployment in detecting North Atlantic right 
                        whales both individually and in combination;
                            (iii) how the monitoring system is directly 
                        informing and improving species management and 
                        mitigation in near real-time across ocean 
                        sectors whose activities pose a risk to North 
                        Atlantic right whales; and
                            (iv) a prioritized identification of gaps 
                        in technology or methods requiring future 
                        research and development.
                    (B) Final report.--Not later than 3 years after the 
                date of the enactment of this Act, the Administrator, 
                in coordination with the Secretary of Defense and the 
                heads of other relevant Federal departments and 
                agencies, shall submit to the Committee on Natural 
                Resources of the House of Representatives, and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate, and make available to the public, a final 
                report, addressing the components in subparagraph (A) 
                for the subsequent 1 year following the publication of 
                the interim report, and including the following--
                            (i) a strategic plan to expand the pilot 
                        program to provide near real-time monitoring 
                        and mitigation measures to additional large 
                        whale species, including a prioritized plan for 
                        acquisition, deployment, and maintenance of 
                        monitoring technologies, and the locations or 
                        species for which the plan would apply; and
                            (ii) a budget and description of 
                        appropriations necessary to carry out the 
                        strategic plan pursuant to the requirements of 
                        clause (i).
    (c) Additional Authority.--In carrying out this section, the 
Administrator may enter into and perform such contracts, leases, 
grants, or cooperative agreements as may be necessary to carry out the 
purposes of this section on such terms as the Administrator considers 
appropriate, consistent with Federal acquisition regulations.
    (d) Reporting.--Not later than 1 year after the deployment of the 
program described in subsection (b) (and after completion of the 
reporting requirements pursuant to subsection (b)(5)), and annually 
thereafter through 2029, the Administrator shall submit to the 
Committee on Natural Resources of the House of Representatives, and the 
Committee on Commerce, Science, and Transportation of the Senate, and 
make available to the public, a report that assess the benefits and 
efficacy of the near real-time monitoring and mitigation program.
    (e) Definitions.--In this section:
            (1) Core foraging habits.--The term ``core foraging 
        habitats'' means areas with biological and physical 
        oceanographic features that aggregate Calanus finmarchicus and 
        where North Atlantic right whales foraging aggregations have 
        been well documented.
            (2) Large whale.--The term ``large whale'' means all 
        Mysticeti species and species within the genera Physeter and 
        Orcinus.
            (3) Near real-time.--The term ``near real-time'' means that 
        visual, acoustic, or other detections of North Atlantic right 
        whales are transmitted and reported as soon as technically 
        feasible, and no longer than 24 hours, after they have 
        occurred.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator, to support development, deployment, 
application and ongoing maintenance of the monitoring system as 
required by this section, $5,000,000 for each of fiscal years 2022 
through 2026.

SEC. 5. GRANTS TO SUPPORT TECHNOLOGY THAT REDUCES UNDERWATER NOISE FROM 
              VESSELS.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act, the Administrator of the Maritime Administration 
shall establish a grant program, to be administered in consultation 
with the heads of other appropriate Federal departments and agencies, 
to provide assistance for the development and implementation of new or 
improved technologies that quantifiably reduce underwater noise from 
marine vessels.
    (b) Eligible Uses.--Grants provided under this section may be used 
to develop, assess, and implement new or improved technologies that 
materially reduce underwater noise from marine vessels.
    (c) Outreach.--The Administrator of the Maritime Administration 
shall conduct outreach to eligible entities to provide information on 
how to apply for assistance under this section, the benefits of the 
program under this section, and facilitation of best practices and 
lessons learned.
    (d) Eligible Entities.--A person shall be eligible for assistance 
under this section if the person is--
            (1) a corporation established under the laws of the United 
        States;
            (2) an individual, partnership, association, organization 
        or any other combination of individuals, provided that each 
        such individual shall be a citizen of the United States or 
        lawful permanent resident of the United States or a protected 
        individual as such term is defined in section 274B(a)(3) of the 
        Immigration and Nationality Act (9 U.S.C. 1324b(a)(3)); or
            (3) an academic or research organization.
    (e) Requirements for Department of Defense Consultation.--
            (1) In general.--Prior to awarding any grants under this 
        section, the Administrator of the Maritime Administration shall 
        consult with the Secretary of Defense to ensure each eligible 
        entity and its proposed activities do not raise national 
        security concerns.
            (2) Notification.--In carrying out the requirements of 
        paragraph (1), the Administrator of the Maritime Administration 
        shall--
                    (A) provide the Secretary of Defense with a copy of 
                any grant applications being considered for funding; 
                and
                    (B) ensure such grant applications include any 
                information requested by the Secretary of Defense to 
                conduct a national security review.
            (3) Determination of potential adverse impact.--
                    (A) Requirement.--Not later than 60 days after 
                receiving the information requested pursuant to 
                paragraph (2), the Secretary of Defense shall determine 
                whether a proposed activity may have a potential 
                adverse impact with respect to national security. A 
                determination that cannot be completed in the 60-day 
                period be extended by mutual agreement between the 
                agencies.
                    (B) No determination made.--A determination 
                required under this paragraph that has not been issued 
                within 120 days, and for which the Administrator of the 
                Maritime Administration has not agreed to further 
                extensions, shall be considered complete for the 
                purposes of this subsection and the proposed activity 
                may move forward.
                    (C) Limitation.--The Administrator of the Maritime 
                Administration may not award any grants until the 
                Secretary of Defense has completed a determination 
                pursuant to this subsection. A proposed activity 
                determined to have a potential adverse impact to 
                national security may not proceed until modifications 
                are made to such proposed activity to resolve national 
                security concerns.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator of the Maritime Administration for 
carrying out this section, $5,000,000 for each of fiscal years 2022 
through 2026, to remain available until expended.

SEC. 6. TECHNOLOGY ASSESSMENT FOR QUIETING UNITED STATES GOVERNMENT 
              VESSELS.

    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, the Administrator of the Maritime 
Administration, in consultation with the Commandant of the Coast Guard, 
the Secretary of Defense, the Secretary of Homeland Security, and the 
Administrator of the National Oceanic and Atmospheric Administration, 
shall submit to the appropriate committees of Congress and publish, a 
report that includes--
            (1) an identification of existing unclassified technologies 
        that reduce underwater noise; and
            (2) an evaluation of the effectiveness and feasibility of 
        incorporating such technologies in the design, procurement, and 
        construction of non-military vessels of the United States 
        Government.
    (b) 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, the Committee on 
        Environment and Public Works, and the Committee on Homeland 
        Security and Governmental Affairs of the Senate; and
            (2) the Committee on Armed Services, the Committee on 
        Energy and Commerce, the Committee on Homeland Security, the 
        Committee on Natural Resources, and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
                                 <all>