[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6865 Engrossed in House (EH)]

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117th CONGRESS
  2d Session
                                H. R. 6865

_______________________________________________________________________

                                 AN ACT


 
    To authorize appropriations for the Coast Guard, 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. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Don Young Coast 
Guard Authorization Act of 2022''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Shoreside infrastructure and facilities.
Sec. 104. Availability of amounts for acquisition of additional 
                            cutters.
                         TITLE II--COAST GUARD

                 Subtitle A--Military Personnel Matters

Sec. 201. Authorized strength.
Sec. 202. Continuation of officers with certain critical skills on 
                            active duty.
Sec. 203. Number and distribution of officers on active duty promotion 
                            list.
Sec. 204. Coast Guard behavioral health policy.
Sec. 205. Improving representation of women and of racial and ethnic 
                            minorities among Coast Guard active-duty 
                            members.
                    Subtitle B--Operational Matters

Sec. 206. Pilot project for enhancing Coast Guard cutter readiness 
                            through condition-based maintenance.
Sec. 207. Unmanned systems strategy.
Sec. 208. Budgeting of Coast Guard relating to certain operations.
Sec. 209. Report on San Diego maritime domain awareness.
Sec. 210. Great Lakes winter shipping.
Sec. 211. Center of expertise for Great Lakes oil spill search and 
                            response.
Sec. 212. Study on laydown of Coast Guard cutters.
                       Subtitle C--Other Matters

Sec. 213. Responses of Commandant of the Coast Guard to safety 
                            recommendations.
Sec. 214. Conveyance of Coast Guard vessels for public purposes.
Sec. 215. Acquisition life-cycle cost estimates.
Sec. 216. National Coast Guard Museum funding plan.
Sec. 217. Report on Coast Guard explosive ordnance disposal.
Sec. 218. Pribilof Island transition completion actions.
Sec. 219. Notification of communication outages.
                          TITLE III--MARITIME

                          Subtitle A--Shipping

Sec. 301. Nonoperating individual.
Sec. 302. Oceanographic research vessels.
Sec. 303. Atlantic Coast port access routes briefing.
                       Subtitle B--Vessel Safety

Sec. 304. Fishing vessel safety.
Sec. 305. Requirements for DUKW-type amphibious passenger vessels.
Sec. 306. Exoneration and limitation of liability for small passengers 
                            vessels.
Sec. 307. Automatic identification system requirements.
                    Subtitle C--Shipbuilding Program

Sec. 308. Qualified vessel.
Sec. 309. Establishing a capital construction fund.
                 TITLE IV--FEDERAL MARITIME COMMISSION

Sec. 401. Short title.
Sec. 402. Purposes.
Sec. 403. Service contracts.
Sec. 404. Shipping exchange registry.
Sec. 405. Data collection.
Sec. 406. National shipper advisory committee.
Sec. 407. Annual report and public disclosures.
Sec. 408. General prohibitions.
Sec. 409. Prohibition on unreasonably declining cargo.
Sec. 410. Detention and demurrage.
Sec. 411. Assessment of penalties.
Sec. 412. Investigations.
Sec. 413. Injunctive relief.
Sec. 414. Technical amendments.
Sec. 415. Authorization of appropriations.
Sec. 416. NAS study on supply chain industry.
Sec. 417. Temporary emergency authority.
Sec. 418. Terms and vacancies.
                         TITLE V--MISCELLANEOUS

                         Subtitle A--Navigation

Sec. 501. Restriction on changing salvors.
Sec. 502. Providing requirements for vessels anchored in established 
                            anchorage grounds.
Sec. 503. Aquatic Nuisance Species Task Force.
Sec. 504. Limitation on recovery for certain injuries incurred in 
                            aquaculture activities.
                       Subtitle B--Other Matters

Sec. 505. Information on type approval certificates.
Sec. 506. Passenger vessel security and safety requirements.
Sec. 507. Cargo waiting time reduction.
Sec. 508. Limited indemnity provisions in standby oil spill response 
                            contracts.
Sec. 509. Port Coordination Council for Point Spencer.
Sec. 510. Western Alaska oil spill planning criteria.
Sec. 511. Nonapplicability.
Sec. 512. Report on enforcement of coastwise laws.
Sec. 513. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 514. Center of Expertise for Marine Environmental Response.
Sec. 515. Prohibition on entry and operation.
Sec. 516. St. Lucie River railroad bridge.
Sec. 517. Assistance related to marine mammals.
Sec. 518. Manning and crewing requirements for certain vessels, 
                            vehicles, and structures.
 TITLE VI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE

Sec. 601. Definitions.
Sec. 602. Convicted sex offender as grounds for denial.
Sec. 603. Sexual harassment or sexual assault as grounds for suspension 
                            or revocation.
Sec. 604. Accommodation; notices.
Sec. 605. Protection against discrimination.
Sec. 606. Alcohol prohibition.
Sec. 607. Surveillance requirements.
Sec. 608. Master key control.
Sec. 609. Safety management systems.
Sec. 610. Requirement to report sexual assault and harassment.
Sec. 611. Civil actions for personal injury or death of seamen.
Sec. 612. Administration of sexual assault forensic examination kits.
             TITLE VII--TECHNICAL AND CONFORMING PROVISIONS

Sec. 701. Technical corrections.
Sec. 702. Transportation worker identification credential technical 
                            amendments.
Sec. 703. Reinstatement.
Sec. 704. Determination of budgetary effects.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Section 4902 of title 14, United States Code, is amended--
            (1) in the matter preceding paragraph (1) by striking 
        ``years 2020 and 2021'' and inserting ``years 2022 and 2023'';
            (2) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) by striking ``$8,151,620,850 for fiscal 
                        year 2020'' and inserting ``$9,282,360,000 for 
                        fiscal year 2022''; and
                            (ii) by striking ``$8,396,169,475 for 
                        fiscal year 2021'' and inserting 
                        ``$10,210,596,000 for fiscal year 2023'';
                    (B) in subparagraph (B) by striking ``$17,035,000'' 
                and inserting ``$17,723,520''; and
                    (C) in subparagraph (C) by striking ``$17,376,000'' 
                and inserting ``$18,077,990'';
            (3) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by striking ``$2,794,745,000 for fiscal 
                        year 2020'' and inserting ``$3,312,114,000 for 
                        fiscal year 2022''; and
                            (ii) by striking ``$3,312,114,000 for 
                        fiscal year 2021'' and inserting 
                        ``$3,477,600,000 for fiscal year 2023''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``$10,000,000 for fiscal 
                        year 2020'' and inserting ``$20,400,000 for 
                        fiscal year 2022''; and
                            (ii) by striking ``$20,000,000 for fiscal 
                        year 2021'' and inserting ``$20,808,000 for 
                        fiscal year 2023'';
            (4) in paragraph (3)--
                    (A) by striking ``$13,834,000 for fiscal year 
                2020'' and inserting ``$14,393,220 for fiscal year 
                2022''; and
                    (B) by striking ``$14,111,000 for fiscal year 
                2021'' and inserting ``$14,681,084 for fiscal year 
                2023''; and
            (5) in paragraph (4)--
                    (A) by striking ``$205,107,000 for fiscal year 
                2020'' and inserting ``$213,393,180 for fiscal year 
                2022''; and
                    (B) by striking ``$209,209,000 for fiscal year 
                2021'' and inserting ``$217,661,044 for fiscal year 
                2023''.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

    Section 4904 of title 14, United States Code, is amended--
            (1) in subsection (a) by striking ``fiscal years 2020 and 
        2021'' and inserting ``fiscal years 2022 and 2023''; and
            (2) in subsection (b) by striking ``fiscal years 2020 and 
        2021'' and inserting ``fiscal years 2022 and 2023''.

SEC. 103. SHORESIDE INFRASTRUCTURE AND FACILITIES.

    (a) In General.--Of the amounts authorized to be appropriated under 
section 4902(2)(A) of title 14, United States Code, for each of fiscal 
years 2022 and 2023, up to $585,000,000 shall be authorized for the 
Secretary of the department in which the Coast Guard is operating to 
fund the acquisition, construction, rebuilding, or improvement of Coast 
Guard shoreside infrastructure and facilities necessary to support 
Coast Guard operations and readiness.
    (b) Baltimore Coast Guard Yard.--Of the amounts set aside under 
subsection (a), up to $175,000,000 shall be authorized to improve 
facilities at the Coast Guard Yard in Baltimore, Maryland, including 
improvements to piers and wharves, dry dock, capital equipment 
utilities, or dredging necessary to facilitate access to such Yard.
    (c) Training Center Cape May.--Of the amounts set aside under 
subsection (a), up to $60,000,000 shall be authorized to fund Phase I, 
in fiscal year 2022, and Phase II, in fiscal year 2023, for the 
recapitalization of the barracks at the United States Coast Guard 
Training Center Cape May in Cape May, New Jersey.
    (d) Mitigation of Hazard Risks.--In carrying out projects with 
funds authorized under this section, the Coast Guard shall mitigate, to 
the greatest extent practicable, natural hazard risks identified in any 
Shore Infrastructure Vulnerability Assessment for Phase I related to 
such projects.
    (e) Fort Wadsworth, New York.--Of the amounts set aside under 
subsection (a), up to $1,200,000 shall be authorized to fund a 
construction project to--
            (1) complete repairs to the United States Coast Guard 
        Station, New York, waterfront, including repairs to the 
        concrete pier; and
            (2) replace floating piers Alpha and Bravo, the South 
        Breakwater and Ice Screen, the North Breakwater and Ice Screen, 
        and the seawall.

SEC. 104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL 
              CUTTERS.

    (a) In General.--Of the amounts authorized to be appropriated 
under--
            (1) section 4902(2)(A)(i) of title 14, United States Code, 
        as amended by section 101 of this title, for fiscal year 2022;
                    (A) $300,000,000 shall be authorized for the 
                acquisition of a twelfth National Security Cutter; and
                    (B) $210,000,000 shall be authorized for the 
                acquisition of 3 Fast Response Cutters; and
            (2) section 4902(2)(A)(ii) of title 14, United States Code, 
        as amended by section 101 of this title, for fiscal year 2023;
                    (A) $300,000,000 shall be authorized for the 
                acquisition of a twelfth National Security Cutter; and
                    (B) $210,000,000 shall be authorized for the 
                acquisition of 3 Fast Response Cutters.
    (b) Treatment of Acquired Cutter.--Any cutter acquired using 
amounts authorized under subsection (a) shall be in addition to the 
National Security Cutters and Fast Response Cutters approved under the 
existing acquisition baseline in the program of record for the National 
Security Cutter and Fast Response Cutter.
    (c) Great Lakes Icebreaker Acquisition.--Of the amounts authorized 
to be appropriated under section 4902(2)(A)(ii) of title 14, United 
States Code--
            (1) for fiscal year 2022, $350,000,000 shall be authorized 
        for the acquisition of a Great Lakes icebreaker at least as 
        capable as Coast Guard Cutter Mackinaw (WLBB-30); and
            (2) for fiscal year 2023, $20,000,000 shall be authorized 
        for the design and selection of icebreaking cutters for 
        operation in the Great Lakes, the Northeastern United States, 
        and the Arctic, as appropriate, that are at least as capable as 
        the Coast Guard 140-foot icebreaking tugs.
    (d) Drug and Migrant Interdiction.--Of the Fast Response Cutters 
authorized for acquisition under subsection (a), at least 1 shall be 
used for drug and migrant interdiction in the Caribbean Basin 
(including the Gulf of Mexico).

                         TITLE II--COAST GUARD

                 Subtitle A--Military Personnel Matters

SEC. 201. AUTHORIZED STRENGTH.

    Section 3702 of title 14, United States Code, is amended by adding 
at the end the following:
    ``(c) The Secretary may vary the authorized end strength of the 
Coast Guard Selected Reserves for a fiscal year by a number equal to 
not more than 3 percent of such end strength upon a determination by 
the Secretary that varying such authorized end strength is in the 
national interest.
    ``(d) The Commandant may increase the authorized end strength of 
the Coast Guard Selected Reserves by a number equal to not more than 2 
percent of such authorized end strength upon a determination by the 
Commandant that such increase would enhance manning and readiness in 
essential units or in critical specialties or ratings.''.

SEC. 202. CONTINUATION OF OFFICERS WITH CERTAIN CRITICAL SKILLS ON 
              ACTIVE DUTY.

    (a) In General.--Chapter 21 of title 14, United States Code, is 
amended by inserting after section 2165 the following:
``Sec. 2166. Continuation on active duty; Coast Guard officers with 
              certain critical skills
    ``(a) In General.--The Commandant may authorize an officer in a 
grade above grade O-2 to remain on active duty after the date otherwise 
provided for the retirement of such officer in section 2154 of this 
title, if the officer possesses a critical skill, or specialty, or is 
in a career field designated pursuant to subsection (b).
    ``(b) Critical Skills, Specialty, or Career Field.--The Commandant 
shall designate any critical skill, specialty, or career field eligible 
for continuation on active duty as provided in subsection (a).
    ``(c) Duration of Continuation.--An officer continued on active 
duty pursuant to this section shall, if not earlier retired, be retired 
on the first day of the month after the month in which the officer 
completes 40 years of active service.
    ``(d) Policy.--The Commandant shall carry out this section by 
prescribing policy which shall specify the criteria to be used in 
designating any critical skill, specialty, or career field for purposes 
of subsection (b).''.
    (b) Clerical Amendment.--The analysis for chapter 21 of title 14, 
United States Code, is amended by inserting after the item relating to 
section 2165 the following:

``2166. Continuation on active duty; Coast Guard officers with certain 
                            critical skills.''.

SEC. 203. NUMBER AND DISTRIBUTION OF OFFICERS ON ACTIVE DUTY PROMOTION 
              LIST.

    (a) Maximum Number of Officers.--Section 2103(a) of title 14, 
United States Code, is amended to read as follows:
    ``(a) Maximum Total Number.--
            ``(1) In general.--The total number of Coast Guard 
        commissioned officers on the active duty promotion list, 
        excluding warrant officers, shall not exceed--
                    ``(A) 7,100 in fiscal year 2022;
                    ``(B) 7,200 in fiscal year 2023;
                    ``(C) 7,300 in fiscal year 2024; and
                    ``(D) 7,400 in fiscal year 2025 and each subsequent 
                fiscal year.
            ``(2) Temporary increase.--Notwithstanding paragraph (1), 
        the Commandant may temporarily increase the total number of 
        commissioned officers permitted under such paragraph by up to 2 
        percent for no more than 60 days following the date of the 
        commissioning of a Coast Guard Academy class.
            ``(3) Notification.--Not later than 30 days after exceeding 
        the total number of commissioned officers permitted under 
        paragraph (1), and each 30 days thereafter until the total 
        number of commissioned officers no longer exceeds the number of 
        such officers permitted under paragraph (1), the Commandant 
        shall notify the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate of the number of 
        officers on the active duty promotion list on the last day of 
        the preceding 30-day period.''.
    (b) Officers Not on Active Duty Promotion List.--
            (1) In general.--Chapter 51 of title 14, United States 
        Code, is amended by adding at the end the following:
``Sec. 5113. Officers not on active duty promotion list
    ``Not later than 60 days after the date on which the President 
submits to Congress a budget pursuant to section 1105 of title 31, the 
Commandant 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 the number of Coast 
Guard officers serving at other Federal entities on a reimbursable 
basis but not on the active duty promotion list.''.
            (2) Clerical amendment.--The analysis for chapter 51 of 
        title 14, United States Code, is amended by adding at the end 
        the following:

``5113. Officers not on active duty promotion list.''.

SEC. 204. COAST GUARD BEHAVIORAL HEALTH POLICY.

    (a) Interim Behavioral Health Policy.--Not later than 60 days after 
the date of enactment of this Act, the Commandant of the Coast Guard 
shall establish an interim behavioral health policy for members of the 
Coast Guard equivalent to the policy described in section 5.28 
(relating to behavioral health) of Department of Defense Instruction 
6130.03, volume 2, ``Medical Standards for Military Service: 
Retention''.
    (b) Termination.--The interim policy established under subsection 
(a) shall remain in effect until the date on which the Commandant 
issues a permanent behavior health policy for members of the Coast 
Guard which is, to the extent practicable, equivalent to such section 
5.28.

SEC. 205. IMPROVING REPRESENTATION OF WOMEN AND OF RACIAL AND ETHNIC 
              MINORITIES AMONG COAST GUARD ACTIVE-DUTY MEMBERS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Commandant of the Coast Guard shall--
            (1) determine which recommendations in the RAND 
        representation report can practicably be implemented to promote 
        improved representation in the Coast Guard of--
                    (A) women; and
                    (B) racial and ethnic minorities; and
             (2) 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 on the actions the Commandant has taken, or 
        plans to take, to implement such recommendations.
    (b) Curriculum and Training.--The Commandant shall update, to 
reflect actions described under subsection (a)(2), the curriculum and 
training materials used at--
            (1) officer accession points, including the Coast Guard 
        Academy and the Leadership Development Center;
            (2) enlisted member accession at the United States Coast 
        Guard Training Center Cape May in Cape May, New Jersey; and
            (3) the officer, enlisted member, and civilian leadership 
        courses managed by the Leadership Development Center.
    (c) Definition.--In this section, the term ``RAND representation 
report'' means the report titled ``Improving the Representation of 
Women and Racial/Ethnic Minorities Among U.S. Coast Guard Active-Duty 
Members'' issued by the Homeland Security Operational Analysis Center 
of the RAND Corporation on August 11, 2021.

                    Subtitle B--Operational Matters

SEC. 206. PILOT PROJECT FOR ENHANCING COAST GUARD CUTTER READINESS 
              THROUGH CONDITION-BASED MAINTENANCE.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Commandant of the Coast Guard shall conduct a pilot 
project to enhance cutter readiness and reduce lost patrol days through 
the deployment of commercially developed condition-based program 
standards for cutter maintenance, in accordance with the criteria set 
forth in subsection (b).
    (b) Criteria for Condition-Based Maintenance Evaluation.--In 
conducting the pilot project under subsection (a), the Commandant 
shall--
            (1) select at least 1 legacy cutter asset and 1 class of 
        cutters under construction with respect to which the 
        application of the pilot project would enhance readiness;
            (2) use commercially developed condition-based program 
        standards similar to those applicable to privately owned and 
        operated vessels or vessels owned or operated by other Federal 
        agencies (such as those currently operating under the direction 
        of Military Sealift Command);
            (3) create and model a full ship digital twin for the 
        cutters selected under paragraph (1);
            (4) install or modify instrumentation capable of producing 
        full hull, mechanical, and electrical data necessary to analyze 
        cutter operational conditions with active maintenance alerts; 
        and
            (5) deploy artificial intelligence, prognostic-based 
        integrated maintenance planning modeled after standards 
        described in paragraph (2).
    (c) Report to Congress.--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--
            (1) an interim report not later than 6 months after the 
        date of enactment of this Act on the progress in carrying out 
        the pilot project described in subsection (a); and
            (2) a final report not later than 2 years after the date of 
        enactment of this Act on the results of the pilot project 
        described in subsection (a) that includes--
                    (A) options to integrate commercially developed 
                condition-based program standards for cutter 
                maintenance to Coast Guard cutters; and
                    (B) plans to deploy commercially developed 
                condition-based program standards for cutter 
                maintenance to Coast Guard cutters.

SEC. 207. UNMANNED SYSTEMS STRATEGY.

    (a) Submission to Congress.--Not later than 180 days after the date 
of enactment 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 detailed description of the strategy of 
the Coast Guard to implement unmanned systems across mission areas, 
including--
            (1) the steps taken to implement actions recommended in the 
        consensus study report of the National Academies of Sciences, 
        Engineering, and Medicine published on November 12, 2020, 
        titled ``Leveraging Unmanned Systems for Coast Guard Missions: 
        A Strategic Imperative'';
            (2) the strategic goals and acquisition strategies for 
        proposed uses and procurements of unmanned systems;
            (3) a strategy to sustain competition and innovation for 
        procurement of unmanned systems and services for the Coast 
        Guard, including defining opportunities for new and existing 
        technologies; and
            (4) an estimate of the timeline, costs, staff resources, 
        technology, or other resources necessary to accomplish the 
        strategy.
    (b) Pilot Project.--
            (1) Autonomous control and computer vision technology.--The 
        Commandant of the Coast Guard, acting through the Blue 
        Technology Center of Expertise, shall conduct a pilot project 
        to retrofit an existing Coast Guard small boat with--
                    (A) commercially available autonomous control and 
                computer vision technology; and
                    (B) such sensors and methods of communication as 
                are necessary to demonstrate the ability of such 
                control and technology to assist in conducting search 
                and rescue, surveillance, and interdiction missions.
            (2) Collection of data.--The pilot project under paragraph 
        (1) shall evaluate commercially available products in the field 
        and collect operational data to inform future requirements.
            (3) Briefing.--Not later than 6 months after completing the 
        pilot project required under paragraph (1), the Commandant 
        shall brief the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on commerce, 
        Science, and Transportation of the Senate on the evaluation of 
        the data derived from the project.

SEC. 208. BUDGETING OF COAST GUARD RELATING TO CERTAIN OPERATIONS.

    (a) In General.--Chapter 51 of title 14, United States Code, is 
further amended by adding at the end the following:
``Sec. 5114. Expenses of performing and executing defense readiness 
              mission activities
    ``The Commandant of the Coast Guard shall include in the annual 
budget submission of the President under section 1105(a) of title 31, a 
dedicated budget line item that adequately represents a calculation of 
the annual costs and expenditures of performing and executing all 
defense readiness mission activities, including--
            ``(1) all expenses related to the Coast Guard's 
        coordination, training, and execution of defense readiness 
        mission activities in the Coast Guard's capacity as an Armed 
        Force (as such term is defined in section 101 of title 10) in 
        support of Department of Defense national security operations 
        and activities or for any other military department or defense 
        agency (as such terms are defined in such section);
            ``(2) costs associated with Coast Guard detachments 
        assigned in support of the Coast Guard's defense readiness 
        mission; and
            ``(3) any other expenses, costs, or matters the Commandant 
        determines appropriate or otherwise of interest to Congress.''.
    (b) Clerical Amendment.--The analysis for chapter 51 of title 14, 
United States Code, is further amended by adding at the end the 
following:

``5114. Expenses of performing and executing defense readiness mission 
                            activities.''.

SEC. 209. REPORT ON SAN DIEGO MARITIME DOMAIN AWARENESS.

    Not later than 180 days after the date of enactment 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--
            (1) an overview of the maritime domain awareness in the 
        area of responsibility of the Coast Guard sector responsible 
        for San Diego, California, including--
                    (A) the average volume of known maritime traffic 
                that transited the area during fiscal years 2020 
                through 2022;
                    (B) current sensor platforms deployed by such 
                sector to monitor illicit activity occurring at sea in 
                such area;
                    (C) the number of illicit activity incidents at sea 
                in such area that the sector responded to during fiscal 
                years 2020 through 2022;
                    (D) an estimate of the volume of traffic engaged in 
                illicit activity at sea in such area and the type and 
                description of any vessels used to carry out illicit 
                activities that such sector responded to during fiscal 
                years 2020 through 2022; and
                    (E) the maritime domain awareness requirements to 
                effectively meet the mission of such sector;
            (2) a description of current actions taken by the Coast 
        Guard to partner with Federal, regional, State, and local 
        entities to meet the maritime domain awareness needs of such 
        area;
            (3) a description of any gaps in maritime domain awareness 
        within the area of responsibility of such sector resulting from 
        an inability to meet the enduring maritime domain awareness 
        requirements of the sector or adequately respond to maritime 
        disorder;
            (4) an identification of current technology and assets the 
        Coast Guard has to mitigate the gaps identified in paragraph 
        (3);
            (5) an identification of capabilities needed to mitigate 
        such gaps, including any capabilities the Coast Guard currently 
        possesses that can be deployed to the sector;
            (6) an identification of technology and assets the Coast 
        Guard does not currently possess and are needed to acquire in 
        order to address such gaps; and
            (7) an identification of any financial obstacles that 
        prevent the Coast Guard from deploying existing commercially 
        available sensor technology to address such gaps.

SEC. 210. GREAT LAKES WINTER SHIPPING.

    (a) Great Lakes Icebreaking Operations.--
            (1) Government accountability office report.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Comptroller General 
                of the United States 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 Coast Guard 
                icebreaking in the Great Lakes.
                    (B) Elements.--The report required under 
                subparagraph (A) shall--
                            (i) evaluate--
                                    (I) the economic impact related to 
                                vessel delays or cancellations 
                                associated with ice coverage on the 
                                Great Lakes;
                                    (II) the impact the standards 
                                proposed in paragraph (2) would have on 
                                Coast Guard operations in the Great 
                                Lakes if such standards were adopted;
                                    (III) the fleet mix of medium 
                                icebreakers and icebreaking tugs 
                                necessary to meet the standards 
                                proposed in paragraph (2); and
                                    (IV) the resources necessary to 
                                support the fleet described in 
                                subclause (III), including billets for 
                                crew and operating costs; and
                            (ii) make recommendations to the Commandant 
                        for improvements to the Great Lakes icebreaking 
                        program, including with respect to facilitating 
                        shipping and meeting all Coast Guard mission 
                        needs.
            (2) Proposed standards for icebreaking operations.--The 
        proposed standards, the impact of the adoption of which is 
        evaluated in subclauses (II) and (III) of paragraph (1)(B)(i), 
        are the following:
                    (A) Except as provided in subparagraph (B), the 
                ice-covered waterways in the Great Lakes shall be open 
                to navigation not less than 90 percent of the hours 
                that vessels engaged in commercial service and ferries 
                attempt to transit such ice-covered waterways.
                    (B) In a year in which the Great Lakes are not open 
                to navigation, as described in subparagraph (A), 
                because of ice of a thickness that occurs on average 
                only once every 10 years, ice-covered waterways in the 
                Great Lakes shall be open to navigation at least 70 
                percent of the hours that vessels engaged in commercial 
                service and ferries attempt to transit such ice-covered 
                waterways.
            (3) Report by commandant.--Not later than 90 days after the 
        date on which the Comptroller General submits the report under 
        paragraph (1), 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 that includes the following:
                    (A) A plan for Coast Guard implementation of any 
                recommendation made by the Comptroller General under 
                paragraph (1)(B)(ii) with which the Commandant concurs.
                    (B) With respect to any recommendation made under 
                paragraph (1)(B)(ii) with which the Commandant does not 
                concur, an explanation of the reasons why the 
                Commandant does not concur.
                    (C) A review of, and a proposed implementation plan 
                for, the results of the fleet mix analysis under 
                paragraph (1)(B)(i)(III).
                    (D) Any proposed modifications to current Coast 
                Guard standards for icebreaking operations in the Great 
                Lakes.
            (4) Pilot program.--During the 5 ice seasons following the 
        date of enactment of this Act, the Coast Guard shall conduct a 
        pilot program to determine the extent to which the current 
        Coast Guard Great Lakes icebreaking cutter fleet can meet the 
        proposed standards described in paragraph (2).
    (b) Data on Icebreaking Operations in the Great Lakes.--
            (1) In general.--The Commandant shall collect, during ice 
        season, archive, and disseminate data on icebreaking operations 
        and transits on ice-covered waterways in the Great Lakes of 
        vessels engaged in commercial service and ferries.
            (2) Elements.--Data collected, archived, and disseminated 
        under paragraph (1) shall include the following:
                    (A) Voyages by vessels engaged in commercial 
                service and ferries to transit ice-covered waterways in 
                the Great Lakes that are delayed or canceled because of 
                the nonavailability of a suitable icebreaking vessel.
                    (B) Voyages attempted by vessels engaged in 
                commercial service and ferries to transit ice-covered 
                waterways in the Great Lakes that do not reach their 
                intended destination because of the nonavailability of 
                a suitable icebreaking vessel.
                    (C) The period of time that each vessel engaged in 
                commercial service or ferry was delayed in getting 
                underway or during a transit of ice-covered waterways 
                in the Great Lakes due to the nonavailability of a 
                suitable icebreaking vessel.
                    (D) The period of time elapsed between each request 
                for icebreaking assistance by a vessel engaged in 
                commercial service or ferry and the arrival of a 
                suitable icebreaking vessel and whether such 
                icebreaking vessel was a Coast Guard or commercial 
                asset.
                    (E) The percentage of hours that Great Lakes ice-
                covered waterways were open to navigation while vessels 
                engaged in commercial service and ferries attempted to 
                transit such waterways for each ice season after the 
                date of enactment of this Act.
                    (F) Relevant communications of each vessel engaged 
                in commercial service or ferry with the Coast Guard or 
                commercial icebreaking service providers with respect 
                to subparagraphs (A) through (D).
                    (G) A description of any mitigating circumstance, 
                such as Coast Guard Great Lakes icebreaker diversions 
                to higher priority missions, that may have contributed 
                to the amount of time described in subparagraphs (C) 
                and (D) or the percentage of time described in 
                subparagraph (E).
            (3) Voluntary reporting.--Any reporting by operators of 
        commercial vessels engaged in commercial service or ferries 
        under this section shall be voluntary.
            (4) Public availability.--The Commandant shall make the 
        data collected, archived, and disseminated under this 
        subsection available to the public on a publicly accessible 
        internet website of the Coast Guard.
            (5) Consultation with industry.--With respect to the Great 
        Lakes icebreaking operations of the Coast Guard and the 
        development of the data collected, archived, and disseminated 
        under this subsection, the Commandant shall consult operators 
        of--
                    (A) vessels engaged in commercial service; and
                    (B) ferries.
    (c) Report on Common Hull Design.--Section 8105 of the William M. 
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 
2021 (Public Law 116-283) is amended by striking subsection (b) and 
inserting the following:
    ``(b) Report.--Not later than 90 days after the date of enactment 
of this subsection, 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 operational benefits and limitations of a common hull 
design for icebreaking cutters for operation in the Great Lakes, the 
Northeastern United States, and the Arctic, as appropriate, that are at 
least as capable as the Coast Guard 140-foot icebreaking tugs.''.
    (d) Definitions.--In this section:
            (1) Commercial service.--The term ``commercial service'' 
        has the meaning given such term in section 2101 of title 46, 
        United States Code.
            (2) Great lakes.--The term ``Great Lakes''--
                    (A) has the meaning given such term in section 118 
                of the Federal Water Pollution Control Act (33 U.S.C. 
                1268); and
                    (B) includes harbors adjacent to such waters.
            (3) Ice-covered waterway.--The term ``ice-covered 
        waterway'' means any portion of the Great Lakes in which 
        vessels engaged in commercial service or ferries operate that 
        is 70 percent or greater covered by ice, but does not include 
        any waters adjacent to piers or docks for which commercial 
        icebreaking services are available and adequate for the ice 
        conditions.
            (4) Open to navigation.--The term ``open to navigation'' 
        means navigable to the extent necessary to--
                    (A) meet the reasonable demands of shipping;
                    (B) minimize delays to passenger ferries;
                    (C) extricate vessels and persons from danger;
                    (D) prevent damage due to flooding; and
                    (E) conduct other Coast Guard missions, as 
                required.
            (5) Reasonable demands of shipping.--The term ``reasonable 
        demands of shipping'' means the safe movement of vessels 
        engaged in commercial service and ferries transiting ice-
        covered waterways in the Great Lakes to their intended 
        destination, regardless of type of cargo.

SEC. 211. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL SEARCH AND 
              RESPONSE.

    Section 807(d) of the Frank LoBiondo Coast Guard Authorization Act 
of 2018 (14 U.S.C. 313 note) is amended to read as follows:
    ``(d) Definition.--In this section, the term `Great Lakes' means--
            ``(1) Lake Ontario;
            ``(2) Lake Erie;
            ``(3) Lake Huron (including Lake St. Clair);
            ``(4) Lake Michigan;
            ``(5) Lake Superior; and
            ``(6) the connecting channels (including the following 
        rivers and tributaries of such rivers: Saint Mary's River, 
        Saint Clair River, Detroit River, Niagara River, Illinois 
        River, Chicago River, Fox River, Grand River, St. Joseph River, 
        St. Louis River, Menominee River, Muskegon River, Kalamazoo 
        River, and Saint Lawrence River to the Canadian border).''.

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

    Not later than 120 days after the date of enactment of this Act, 
the Secretary of Homeland Security, in consultation with the Secretary 
of Transportation, shall conduct a study on the laydown of Coast Guard 
Fast Response Cutters to assess Coast Guard mission readiness and to 
identify areas of need for asset coverage.

                       Subtitle C--Other Matters

SEC. 213. RESPONSES OF COMMANDANT OF THE COAST GUARD TO SAFETY 
              RECOMMENDATIONS.

    (a) In General.--Chapter 7 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 721. Responses to safety recommendations
    ``(a) In General.--Not later than 90 days after the submission to 
the Commandant of the Coast Guard of a recommendation by the National 
Transportation Safety Board relating to transportation safety, the 
Commandant shall submit to the Board a written response to each 
recommendation, which shall include whether the Commandant--
            ``(1) concurs with the recommendation;
            ``(2) partially concurs with the recommendation; or
            ``(3) does not concur with the recommendation.
    ``(b) Explanation of Concurrence.--A response under subsection (a) 
shall include--
            ``(1) with respect to a recommendation to which the 
        Commandant concurs, an explanation of the actions the 
        Commandant intends to take to implement such recommendation;
            ``(2) with respect to a recommendation to which the 
        Commandant partially concurs, an explanation of the actions the 
        Commandant intends to take to implement the portion of such 
        recommendation with which the Commandant partially concurs; and
            ``(3) with respect to a recommendation to which the 
        Commandant does not concur, the reasons why the Commandant does 
        not concur with such recommendation.
    ``(c) Failure To Respond.--If the Board has not received the 
written response required under subsection (a) by the end of the time 
period described in such subsection, the Board shall notify the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate that such response has not been 
received.''.
    (b) Clerical Amendment.--The analysis for chapter 7 of title 14, 
United States Code, is amended by inserting after the item relating to 
section 720 the following:

``721. Responses to safety recommendations.''.

SEC. 214. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.

    (a) Redesignation and Transfer.--
            (1) In general.--Section 914 of the Coast Guard 
        Authorization Act of 2010 (Public Law 111-281) is transferred 
        to chapter 5 of title 14, United States Code, inserted after 
        section 508, redesignated as section 509, and amended so that 
        the enumerator, section heading, typeface, and typestyle 
        conform to those appearing in other sections in title 46, 
        United States Code.
            (2) Clerical amendments.--
                    (A) Coast guard authorization act of 2010.--The 
                table of contents in section 1(b) of the Coast Guard 
                Authorization Act of 2010 (Public Law 111-281) is 
                amended by striking the item relating to section 914.
                    (B) Title 46.--The analysis for chapter 5 of title 
                14, United States Code, is amended by inserting after 
                the item relating to section 508 the following:

``509. Conveyance of Coast Guard vessels for public purposes.''.
    (b) Conveyance of Coast Guard Vessels for Public Purposes.--Section 
509 of title 14, United States Code (as transferred and redesignated 
under subsection (a)), is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--At the request of the Commandant, the 
Administrator of the General Services Administration may transfer 
ownership of a Coast Guard vessel or aircraft to an eligible entity for 
use for educational, cultural, historical, charitable, recreational, or 
other public purposes if such transfer is authorized by law.''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by inserting ``as if such a request 
                        were being processed'' after ``vessels''; and
                            (ii) by inserting ``, as in effect on the 
                        date of enactment of the Don Young Coast Guard 
                        Authorization Act of 2022'' after ``Code of 
                        Federal Regulations''; and
                    (B) in paragraph (2) by inserting ``, as in effect 
                on the date of enactment of the Don Young Coast Guard 
                Authorization Act of 2022'' after ``such title''.

SEC. 215. ACQUISITION LIFE-CYCLE COST ESTIMATES.

    Section 1132(e) of title 14, United States Code, is amended by 
striking paragraphs (2) and (3) and inserting the following:
            ``(2) Types of estimates.--For each Level 1 or Level 2 
        acquisition project or program, in addition to life-cycle cost 
        estimates developed under paragraph (1), the Commandant shall 
        require that--
                    ``(A) such life-cycle cost estimates be updated 
                before--
                            ``(i) each milestone decision is concluded; 
                        and
                            ``(ii) the project or program enters a new 
                        acquisition phase; and
                    ``(B) an independent cost estimate or independent 
                cost assessment, as appropriate, be developed to 
                validate such life-cycle cost estimates developed under 
                paragraph (1).''.

SEC. 216. NATIONAL COAST GUARD MUSEUM FUNDING PLAN.

    Section 316(c)(4) of title 14, United States Code, is amended by 
striking ``the Inspector General of the department in which the Coast 
Guard is operating'' and inserting ``a third party entity qualified to 
undertake such a certification process''.

SEC. 217. REPORT ON COAST GUARD EXPLOSIVE ORDNANCE DISPOSAL.

    (a) In General.--Not later than 1 year after the date of enactment 
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 on the viability of establishing 
an explosive ordnance disposal program (hereinafter referred to as the 
``Program'') in the Coast Guard.
    (b) Contents.--The report required under subsection (a) shall 
contain, at a minimum, an explanation of the following with respect to 
such a Program:
            (1) Where within the organizational structure of the Coast 
        Guard the Program would be located, including a discussion of 
        whether the Program should reside in--
                    (A) Maritime Safety and Security Teams;
                    (B) Maritime Security Response Teams;
                    (C) a combination of the teams described under 
                subparagraphs (A) and (B); or
                    (D) elsewhere within the Coast Guard.
            (3) The vehicles and dive craft that are Coast Guard 
        airframe and vessel transportable that would be required for 
        the transportation of explosive ordnance disposal elements.
            (4) The Coast Guard stations at which--
                    (A) portable explosives storage magazines would be 
                available for explosive ordnance disposal elements; and
                    (B) explosive ordnance disposal elements equipment 
                would be pre-positioned.
            (5) How the Program would support other elements within the 
        Department of Homeland Security, the Department of Justice, and 
        in wartime, the Department of Defense to--
                    (A) counter improvised explosive devices;
                    (B) counter unexploded ordnance;
                    (C) combat weapons of destruction;
                    (D) provide service in support of the President; 
                and
                    (E) support national security special events.
            (6) The career progression of Coast Guardsman participating 
        in the Program from--
                    (A) Seaman Recruit to Command Master Chief Petty 
                Officer;
                    (B) Chief Warrant Officer 2 to that of Chief 
                Warrant Officer 4; and
                    (C) Ensign to that of Rear Admiral.
            (7) Initial and annual budget justification estimates on a 
        single program element of the Program for--
                    (A) civilian and military pay with details on 
                military pay, including special and incentive pays such 
                as--
                            (i) officer responsibility pay;
                            (ii) officer SCUBA diving duty pay;
                            (iii) officer demolition hazardous duty 
                        pay;
                            (iv) enlisted SCUBA diving duty pay;
                            (v) enlisted demolition hazardous duty pay;
                            (vi) enlisted special duty assignment pay 
                        at level special duty-5;
                            (vii) enlisted assignment incentive pays;
                            (viii) enlistment and reenlistment bonuses;
                            (ix) officer and enlisted full civilian 
                        clothing allowances;
                            (x) an exception to the policy allowing a 
                        third hazardous duty pay for explosive ordnance 
                        disposal-qualified officers and enlisted; and
                            (xi) parachutist hazardous duty pay;
                    (B) research, development, test, and evaluation;
                    (C) procurement;
                    (D) other transaction agreements;
                    (E) operations and support; and
                    (F) overseas contingency operations.

SEC. 218. PRIBILOF ISLAND TRANSITION COMPLETION ACTIONS.

    (a) Extensions.--Section 524 of the Pribilof Island Transition 
Completion Act of 2016 (Public Law 114-120) is amended--
            (1) in subsection (b)(5) by striking ``5 years'' and 
        inserting ``6 years''; and
            (2) in subsection (c)(3) by striking ``60 days'' and 
        inserting ``120 days''.
    (b) Actual Use and Occupancy Reports.--Not later than 90 days after 
enactment of this Act, and quarterly thereafter, the Secretary of the 
department in which the Coast Guard is operating 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 describing--
            (1) the degree to which Coast Guard personnel and equipment 
        are deployed to St. Paul Island, Alaska, in actual occupancy of 
        the facilities, as required under section 524 of the Pribilof 
        Island Transition Completion Act of 2016 (Public Law 114-120); 
        and
            (2) the status of the activities described in subsections 
        (c) and (d) until such activities have been completed.
    (c) Aircraft Hanger.--The Secretary may--
            (1) enter into a lease for a hangar to house deployed Coast 
        Guard aircraft if such hanger was previously under lease by the 
        Coast Guard for purposes of housing such aircraft; and
            (2) may enter into an agreement with the lessor of such a 
        hanger in which the Secretary may carry out repairs necessary 
        to support the deployment of such aircraft and the cost such 
        repairs may be offset under the terms of the lease.
    (d) Fuel Tank.--
            (1) Determination.--Not later than 30 days after the date 
        of enactment of this Act, the Secretary shall determine whether 
        the fuel tank located on St. Paul Island, Alaska, that is owned 
        by the Coast Guard is needed for Coast Guard operations.
            (2) Transfer.--Subject to paragraph (3), if the Secretary 
        determines such tank is not needed for operations, the 
        Secretary shall, not later than 90 days after making such 
        determination, transfer such tank to the Alaska Native Village 
        Corporation for St. Paul Island, Alaska.
            (3) Fair market value exception.--The Secretary may only 
        carry out a transfer under paragraph (2) if the fair market 
        value of such tank is less than the aggregate value of any 
        lease payments for the property on which the tank is located 
        that the Coast Guard would have paid to the Alaska Native 
        Village Corporation for St. Paul Island, Alaska, had such lease 
        been extended at the same rate.
    (e) Savings Clause.--Nothing in this section shall be construed to 
limit any rights of the Alaska Native Village Corporation for St. Paul 
to receive conveyance of all or part of the lands and improvements 
related to Tract 43 under the same terms and conditions as prescribed 
in section 524 of the Pribilof Island Transition Completion Act of 2016 
(Public Law 114-120).

SEC. 219. NOTIFICATION OF COMMUNICATION OUTAGES.

    Not later than 180 days after the date of enactment 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 that--
            (1) contains a plan for the Coast Guard to notify mariners 
        of radio outages for towers owned and operated by the Coast 
        Guard in District 17;
            (2) address in such plan how the Coast Guard in District 17 
        will--
                    (A) disseminate outage updates regarding outages on 
                social media at least every 48 hours;
                    (B) provide updates on a publicly accessible 
                website at least every 48 hours;
                    (C) develop methods for notifying mariners where 
                cellular connectivity does not exist;
                    (D) generate receipt confirmation and 
                acknowledgment of outages from mariners; and
                    (E) develop and advertise a web-based 
                communications update hub on AM/FM radio for mariners; 
                and
            (3) identifies technology gaps necessary to implement the 
        plan and provide a budgetary assessment necessary to implement 
        the plan.

                          TITLE III--MARITIME

                          Subtitle A--Shipping

SEC. 301. NONOPERATING INDIVIDUAL.

    Section 8313(b) of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended 
by striking ``the date that is 2 years after the date of the enactment 
of this Act'' and inserting ``January 1, 2025''.

SEC. 302. OCEANOGRAPHIC RESEARCH VESSELS.

    (a) Report Required.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation, in consultation 
with the Secretary of the department in which the Coast Guard is 
operating, 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 detailing 
the total number of vessels known or estimated to operate or to have 
operated under section 50503 of title 46, United States Code, during 
each of the past 10 fiscal years.
    (b) Contents.--The report required by subsection (a) shall include 
the following elements:
            (1) The total number of foreign-flagged vessels known or 
        estimated to operate or to have operated as oceanographic 
        research vessels (as such term is defined in section 2101 of 
        title 46, United States Code) during each of the past 10 fiscal 
        years.
            (2) The total number of United States-flagged vessels known 
        or estimated to operate or to have operated as oceanographic 
        research vessels (as such term is defined section 2101 of title 
        46, United States Code) during each of the past 10 fiscal 
        years.

SEC. 303. ATLANTIC COAST PORT ACCESS ROUTES BRIEFING.

    Not later than 30 days after the date of enactment of this Act, and 
every 30 days thereafter until the requirements of section 70003 of 
title 46, United States Code, are fully executed with respect to the 
Atlantic Coast Port Access Route, the Secretary of the department in 
which the Coast Guard is operating shall brief the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate on 
any progress made to execute such requirements.

                       Subtitle B--Vessel Safety

SEC. 304. FISHING VESSEL SAFETY.

    (a) In General.--Chapter 45 of title 46, United States Code, is 
amended--
            (1) in section 4502(f)(2) by striking ``certain vessels 
        described in subsection (b) if requested by the owner or 
        operator; and'' and inserting ``vessels described in subsection 
        (b) if--
                    ``(A) requested by an owner or operator; or
                    ``(B) the vessel is--
                            ``(i) at least 50 feet overall in length;
                            ``(ii) built before July 1, 2013; and
                            ``(iii) 25 years of age or older; and'';
            (2) in section 4503(b) by striking ``Except as provided in 
        section 4503a, subsection (a)'' and inserting ``Subsection 
        (a)''; and
            (3) by repealing section 4503a.
    (b) Alternative Safety Compliance Agreements.--Nothing in this 
section or the amendments made by this section shall be construed to 
affect or apply to any alternative compliance and safety agreement 
entered into by the Coast Guard that is in effect on the date of 
enactment of this Act.
    (c) Conforming Amendments.--The table of sections in chapter 45 of 
title 46, United States Code, is amended by striking the item relating 
to section 4503a.

SEC. 305. REQUIREMENTS FOR DUKW-TYPE AMPHIBIOUS PASSENGER VESSELS.

    (a) Regulations Required.--Not later than 1 year after the date of 
enactment of this Act, the Commandant of the Coast Guard shall issue 
regulations for DUKW-type amphibious passenger vessels operating in 
waters subject to the jurisdiction of the United States, as defined in 
section 2.38 of title 33, Code of Federal Regulations (as in effect on 
the date of enactment of this Act).
    (b) Deadline for Compliance.--The regulations issued under 
subsection (a) shall take effect not later than 24 months after the 
date of enactment of this Act.
    (c) Requirements.--The regulations required under subsection (a) 
shall include the following:
            (1) A requirement that operators of DUKW-type amphibious 
        passenger vessels provide reserve buoyancy for such vessels 
        through passive means, including watertight 
        compartmentalization, built-in flotation, or such other means 
        as determined appropriate by the Commandant, in order to ensure 
        that such vessels remain afloat and upright in the event of 
        flooding, including when carrying a full complement of 
        passengers and crew.
            (2) A requirement that an operator of a DUKW-type 
        amphibious passenger vessel--
                    (A) review and notate the forecast of the National 
                Weather Service of the National Oceanic and Atmospheric 
                Administration in the logbook of the vessel before 
                getting underway and periodically while underway;
                    (B) proceed to the nearest harbor or safe refuge in 
                any case in which a watch or warning is issued for wind 
                speeds exceeding the wind speed equivalent used to 
                certify the stability of such DUKW-type amphibious 
                passenger vessel; and
                    (C) maintain and monitor a weather monitor radio 
                receiver at the operator station of the vessel that is 
                automatically activated by the warning alarm device of 
                the National Weather Service.
            (3) A requirement that--
                    (A) operators of DUKW-type amphibious passenger 
                vessels inform passengers that seat belts may not be 
                worn during waterborne operations;
                    (B) before the commencement of waterborne 
                operations, a crew member shall visually check that the 
                seatbelt of each passenger is unbuckled; and
                    (C) operators or crew maintain a log recording the 
                actions described in subparagraphs (A) and (B).
            (4) A requirement for annual training for operators and 
        crew of DUKW-type amphibious passengers vessels, including--
                    (A) training for personal flotation and seat belt 
                requirements, verifying the integrity of the vessel at 
                the onset of each waterborne departure, identification 
                of weather hazards, and use of National Weather Service 
                resources prior to operation; and
                    (B) training for crew to respond to emergency 
                situations, including flooding, engine compartment 
                fires, man-overboard situations, and in water emergency 
                egress procedures.
    (d) Consideration.--In issuing the regulations required under 
subsection (a), the Commandant shall consider whether personal 
flotation devices should be required for the duration of the waterborne 
transit of a DUKW-type amphibious passenger vessel.
    (e) Interim Requirements.--Beginning on the date on which the 
regulations under subsection (a) are issued, the Commandant shall 
require that operators of DUKW-type amphibious passenger vessels that 
are not in compliance with such regulations shall be subject to the 
following requirements:
            (1) Remove the canopies and any window coverings of such 
        vessels for waterborne operations, or install in such vessels a 
        canopy that does not restrict horizontal or vertical escape by 
        passengers in the event of flooding or sinking.
            (2) If a canopy and window coverings are removed from any 
        such vessel pursuant to paragraph (1), require that all 
        passengers wear a personal flotation device approved by the 
        Coast Guard before the onset of waterborne operations of such 
        vessel.
            (3) Reengineer such vessels to permanently close all 
        unnecessary access plugs and reduce all through-hull 
        penetrations to the minimum number and size necessary for 
        operation.
            (4) Install in such vessels independently powered electric 
        bilge pumps that are capable of dewatering such vessels at the 
        volume of the largest remaining penetration in order to 
        supplement an operable Higgins pump or a dewatering pump of 
        equivalent or greater capacity.
            (5) Install in such vessels not fewer than 4 independently 
        powered bilge alarms.
            (6) Conduct an in-water inspection of any such vessel after 
        each time a through-hull penetration of such vessel has been 
        removed or uncovered.
            (7) Verify through an in-water inspection the watertight 
        integrity of any such vessel at the outset of each waterborne 
        departure of such vessel.
            (8) Install underwater LED lights that activate 
        automatically in an emergency.
            (9) Otherwise comply with any other provisions of relevant 
        Coast Guard guidance or instructions in the inspection, 
        configuration, and operation of such vessels.

SEC. 306. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL PASSENGERS 
              VESSELS.

    (a) Restructuring.--Chapter 305 of title 46, United States Code, is 
amended--
            (1) by inserting the following before section 30501 the 
        following:

                 ``Subchapter I--General Provisions'';

            (2) by inserting the following before section 30503:

      ``Subchapter II--Exoneration and Limitation of Liability'';

        and
            (3) by redesignating sections 30503 through 30512 as 
        sections 30521 through 30530, respectively.
    (b) Definitions.--Section 30501 of title 46, United States Code, is 
amended to read as follows:
``Sec. 30501. Definitions
    ``In this chapter:
            ``(1) Covered small passenger vessel.--The term `covered 
        small passenger vessel'--
                    ``(A) means a small passenger vessel, as defined in 
                section 2101 that is--
                            ``(i) not a wing-in-ground craft; and
                            ``(ii) carrying--
                                    ``(I) not more than 49 passengers 
                                on an overnight domestic voyage; and
                                    ``(II) not more than 150 passengers 
                                on any voyage that is not an overnight 
                                domestic voyage; and
                    ``(B) includes any wooden vessel constructed prior 
                to March 11, 1996, carrying at least 1 passenger for 
                hire.
            ``(2) Owner.--The term `owner' includes a charterer that 
        mans, supplies, and navigates a vessel at the charterer's own 
        expense or by the charterer's own procurement.''.
    (c) Clerical Amendment.--The item relating to section 30501 in the 
analysis for chapter 305 of title 46, United States Code, is amended to 
read as follows:

``30501. Definitions.''.
    (d) Applicability.--Section 30502 of title 46, United States Code, 
is amended by inserting ``as to covered small passenger vessels, and'' 
before ``as otherwise provided''.
    (e) Provisions Requiring Notice of Claim or Limiting Time for 
Bringing Action.--Section 30526 of title 46, United States Code, as 
redesignated by subsection (a), is amended--
            (1) in subsection (a), by inserting ``and covered small 
        passenger vessels'' after ``seagoing vessels'';
            (2) in subsection (b)(1), by striking ``6 months'' and 
        inserting ``2 years''; and
            (3) in subsection (b)(2), by striking ``one year'' and 
        inserting ``2 years''.
    (f) Tables of Subchapters and Tables of Sections.--The table of 
sections for chapter 305 of title 46, United States Code, is amended--
            (1) by inserting before section 30501 the following:

                 ``subchapter i--general provisions'';

            (2) by inserting after section 30502 the following:

      ``subchapter ii--exoneration and limitation of liability'';

        and
            (3) by redesignating the items relating to sections 30503 
        through 30512 as items relating to sections 30521 through 
        30530, respectively.
    (g) Conforming Amendments.--Title 46, United States Code, is 
further amended--
            (1) in section 14305(a)(5), by striking ``section 30506'' 
        and inserting ``section 30524'';
            (2) in section 30523(a), as redesignated by subsection (a), 
        by striking ``section 30506'' and inserting ``section 30524'';
            (3) in section 30524(b), as redesignated by subsection (a), 
        by striking ``section 30505'' and inserting ``section 30523''; 
        and
            (4) in section 30525, as redesignated by subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``sections 30505 and 30506'' and inserting 
                ``sections 30523 and 30524'';
                    (B) in paragraph (1) by striking ``section 30505'' 
                and inserting ``section 30523''; and
                    (C) in paragraph (2) by striking ``section 
                30506(b)'' and inserting ``section 30524(b)''.

SEC. 307. AUTOMATIC IDENTIFICATION SYSTEM REQUIREMENTS.

    (a) Requirement for Fishing Vessels To Have Automatic 
Identification Systems.--Section 70114(a)(1) of title 46, United States 
Code, is amended--
            (1) by striking ``, while operating on the navigable waters 
        of the United States,'';
            (2) by redesignating subparagraphs (A) through (D) as 
        clauses (i) through (iv);
            (3) by inserting before clauses (i) through (iv), as 
        redesignated by paragraph (2), the following:
            ``(A) While operating on the navigable waters of the United 
        States:''; and
            (4) by adding at the end the following:
            ``(B) A vessel of the United States that is more than 65 
        feet overall in length, while engaged in fishing, fish 
        processing, or fish tendering operations on the navigable 
        waters of the United States or in the United States exclusive 
        economic zone.''.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Commerce for fiscal year 2022, 
$5,000,000, to remain available until expended, to purchase automatic 
identification systems for fishing vessels, fish processing vessels, 
fish tender vessels more than 50 feet in length, as described under 
this section and the amendments made by this section.

                    Subtitle C--Shipbuilding Program

SEC. 308. QUALIFIED VESSEL.

    (a) Eligible Vessel.--Section 53501(2) of title 46, United States 
Code, is amended--
            (1) in subparagraph (A)(iii) by striking ``and'' at the 
        end;
            (2) in subparagraph (B)(v) by striking the period at the 
        end and inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(C) a ferry, as such term is defined in section 
                2101; and
                    ``(D) a passenger vessel or small passenger vessel, 
                as such terms are defined in section 2101, that has a 
                passenger capacity of 50 passengers or greater.''.
    (b) Qualified Vessel.--Section 53501(5) of title 46, United States 
Code, is amended--
            (1) in subparagraph (A)(iii) by striking ``and'' at the 
        end;
            (2) in subparagraph (B)(v) by striking the period at the 
        end and inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(C) a ferry, as such term is defined in section 
                2101; and
                    ``(D) a passenger vessel or small passenger vessel, 
                as such terms are defined in section 2101, that has a 
                passenger capacity of 50 passengers or greater.''.

SEC. 309. ESTABLISHING A CAPITAL CONSTRUCTION FUND.

    Section 53503(b) of title 46, United States Code, is amended by 
inserting ``(including transportation on a ferry, passenger vessel, or 
small passenger vessel, as such terms are defined in section 2101, that 
has a passenger capacity of 50 passengers or greater)'' after ``short 
sea transportation''.

                 TITLE IV--FEDERAL MARITIME COMMISSION

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Ocean Shipping Reform Act of 
2022''.

SEC. 402. PURPOSES.

    Section 40101 of title 46, United States Code, is amended by 
striking paragraphs (2) through (4) and inserting the following:
            ``(2) ensure an efficient and competitive transportation 
        system for the common carriage of goods by water in the foreign 
        commerce of the United States that is, as far as possible, in 
        harmony with fair and equitable international shipping 
        practices;
            ``(3) encourage the development of a competitive and 
        efficient liner fleet of vessels of the United States capable 
        of meeting national security and commerce needs of the United 
        States;
            ``(4) support the growth and development of United States 
        exports through a competitive and efficient system for the 
        common carriage of goods by water in the foreign commerce of 
        the United States and by placing a greater reliance on the 
        marketplace; and
            ``(5) promote reciprocal trade in the common carriage of 
        goods by water in the foreign commerce of the United States.''.

SEC. 403. SERVICE CONTRACTS.

    Section 40502 of title 46, United States Code, is amended--
            (1) in subsection (c)--
                    (A) in paragraph (7) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (8) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(9) any other essential terms or minimum contract 
        requirements that the Federal Maritime Commission determines 
        necessary or appropriate.''; and
            (2) by adding at the end the following:
    ``(g) Service Contract Requirement.--With respect to service 
contracts entered into under this section, a common carrier shall 
establish, observe, and enforce just and reasonable regulations and 
practices relating to essential terms and minimum contract requirements 
the Commission determines are necessary or appropriate under subsection 
(c)(9).''.

SEC. 404. SHIPPING EXCHANGE REGISTRY.

    (a) In General.--Chapter 405 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 40504. Shipping exchange registry
    ``(a) In General.--No person may operate a shipping exchange 
involving ocean transportation in the foreign commerce of the United 
States unless the shipping exchange is registered as a national 
shipping exchange under the terms and conditions provided in this 
section and the regulations issued pursuant to this section.
    ``(b) Registration.--A person shall register a shipping exchange by 
filing with the Federal Maritime Commission an application for 
registration in such form as the Commission, by rule, may prescribe 
containing the rules of the exchange and such other information and 
documents as the Commission, by rule, may prescribe as necessary or 
appropriate in the public interest.
    ``(c) Exemption.--The Commission may exempt, conditionally or 
unconditionally, a shipping exchange from registration and licensing 
under this section if the Commission finds that the shipping exchange 
is subject to comparable, comprehensive supervision and regulation by 
the appropriate governmental authorities in the home country of the 
shipping exchange.
    ``(d) Regulations.--In issuing regulations pursuant to subsection 
(a), the Commission shall set standards necessary to carry out subtitle 
IV for registered national shipping exchanges, including the minimum 
requirements for service contracts established under section 40502, and 
issue licenses for registered national shipping exchanges.
    ``(e) Definition.--In this subsection, the term `shipping exchange' 
means a platform, digital, over-the-counter or otherwise, which 
connects shippers with common carriers (both vessel-operating and non-
vessel-operating) for the purpose of entering into underlying 
agreements or contracts for the transport of cargo, by vessel or other 
modes of transportation.''.
    (b) Applicability.--The registration requirement under section 
40504 of title 46, United States Code (as added by this section), shall 
take effect on the date on which the Federal Maritime Commission issues 
regulations required under subsection (d) of such section.
    (c) Clerical Amendment.--The analysis for chapter 405 of title 46, 
United States Code, is amended by adding at the end the following:

``40504. Shipping exchange registry.''.

SEC. 405. DATA COLLECTION.

    (a) In General.--Chapter 411 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 41110. Data collection
    ``(a) In General.--Common carriers covered under this chapter shall 
submit to the Federal Maritime Commission a calendar quarterly report 
that describes the total import and export tonnage and the total loaded 
and empty 20-foot equivalent units per vessel (making port in the 
United States, including any territory or possession of the United 
States) operated by such common carrier.
    ``(b) Prohibition on Duplication.--Data required to be reported 
under subsection (a) may not duplicate information--
            ``(1) submitted to the Corps of Engineers pursuant to 
        section 11 of the Act entitled `An Act authorizing the 
        construction, repair, and preservation of certain public works 
        on rivers and harbors, and for other purposes', approved 
        September 22, 1922 (33 U.S.C. 555), by an ocean common carrier 
        acting as a vessel operator; or
            ``(2) submitted pursuant to section 481 of the Tariff Act 
        of 1930 (19 U.S.C. 1481) to U.S. Customs and Border Protection 
        by merchandise importers.''.
    (b) Clerical Amendment.--The analysis for chapter 411 of title 46, 
United States Code, is amended by adding at the end the following:

``41110. Data collection.''.

SEC. 406. NATIONAL SHIPPER ADVISORY COMMITTEE.

    (a) National Shipper Advisory Committee.--Section 42502(c)(3) of 
title 46, United States Code, is amended by inserting ``, including 
customs brokers or freight forwarders'' after ``ocean common carriers'' 
each place such term occurs.
    (b) Analysis.--The analysis for chapter 425 of title 46, United 
States Code, is amended by inserting before the item relating to 
section 42501 the following:

``Sec.''.

SEC. 407. ANNUAL REPORT AND PUBLIC DISCLOSURES.

    (a)  Report on Foreign Laws and Practices.--Section 46106(b) of 
title 46, United States Code, is amended--
            (1) in paragraph (5) by striking ``and'' at the end;
            (2) in paragraph (6)--
                    (A) by striking ``under this part'' and inserting 
                ``under chapter 403''; and
                    (B) by striking the period and inserting a 
                semicolon; and
            (3) by adding at the end the following:
            ``(7) an identification of any anticompetitive or 
        nonreciprocal trade practices by ocean common carriers;
            ``(8) an analysis of any trade imbalance resulting from the 
        business practices of ocean common carriers, including an 
        analysis of the data collected under section 41110; and
            ``(9) an identification of any otherwise concerning 
        practices by ocean common carriers, particularly such carriers 
        that are--
                    ``(A) State-owned or State-controlled enterprises; 
                or
                    ``(B) owned or controlled by, is a subsidiary of, 
                or is otherwise related legally or financially (other 
                than a minority relationship or investment) to a 
                corporation based in a country--
                            ``(i) identified as a nonmarket economy 
                        country (as defined in section 771(18) of the 
                        Tariff Act of ( U.S.C. 1677(18))) as of the 
                        date of enactment of this paragraph;
                            ``(ii) identified by the United States 
                        Trade Representative in the most recent report 
                        required by section 182 of the Trade Act of 
                        1974 (19 U.S.C. 2242) as a priority foreign 
                        country under subsection (a)(2) of that 
                        section; or
                            ``(iii) subject to monitoring by the Trade 
                        Representative under section 306 of the Trade 
                        Act of 1974 (19 U.S.C. 2416).''.
    (b) Public Disclosure.--
            (1) In general.--Section 46106 of title 46, United States 
        Code, is amended by adding at the end the following:
    ``(d) Public Disclosures.--The Federal Maritime Commission shall 
publish, and annually update, on the website of the Commission--
            ``(1) all findings by the Commission of false 
        certifications by common carriers or marine terminal operators 
        under section 41104(a)(15); and
            ``(2) all penalties imposed or assessed against common 
        carriers or marine terminal operators, as applicable, under 
        sections 41107, 41108, and 41109, listed by each common carrier 
        or marine terminal operator.''.
            (2) Conforming and clerical amendments.--
                    (A) Conforming amendment.--The heading for section 
                46106 of title 46, United States Code, is amended by 
                inserting ``and public disclosure'' after ``report''.
                    (B) Clerical amendment.--The analysis for chapter 
                461 of title 46, United States Code, is amended by 
                striking the item related to section 46106 and 
                inserting the following:

``46106. Annual report and public disclosure.''.

SEC. 408. GENERAL PROHIBITIONS.

    Section 41102 of title 46, United States Code, is amended by adding 
by adding at the end the following:
    ``(d) Prohibition on Retaliation.--A common carrier, marine 
terminal operator, or ocean transportation intermediary, either alone 
or in conjunction with any other person, directly or indirectly, may 
not retaliate against a shipper, a shipper's agent, or a motor carrier 
by refusing, or threatening to refuse, cargo space accommodations when 
available, or resort to other unfair or unjustly discriminatory methods 
because the shipper has patronized another carrier, has filed a 
complaint, or for any other reason.
    ``(e) Certification.--A common carrier or marine terminal operator 
shall not charge any other person demurrage or detention charges under 
a tariff, marine terminal schedule, service contract, or any other 
contractual obligation unless accompanied by an accurate certification 
that such charges comply with all rules and regulations concerning 
demurrage or detention issued by the Commission. The certification 
requirement only applies to the entity that establishes the charge, and 
a common carrier or marine terminal operator that collects a charge on 
behalf of another common carrier or marine terminal operator is not 
responsible for providing the certification, except that an invoice 
from a common carrier or marine terminal operator collecting a charge 
on behalf of another must include a certification from the party that 
established the charge.''.

SEC. 409. PROHIBITION ON UNREASONABLY DECLINING CARGO.

    (a) Unreasonably Declining Cargo.--Section 41104 of title 46, 
United States Code, is amended in subsection (a)--
            (1) by striking paragraph (3) and inserting the following:
            ``(3) engage in practices that unreasonably reduce shipper 
        accessibility to equipment necessary for the loading or 
        unloading of cargo;'';
            (2) in paragraph (12) by striking ``; or'' and inserting a 
        semicolon;
            (3) in paragraph (13) by striking the period and inserting 
        a semicolon; and
            (4) by adding at the end the following:
            ``(14) fail to furnish or cause a contractor to fail to 
        furnish containers or other facilities and instrumentalities 
        needed to perform transportation services, including allocation 
        of vessel space accommodations, in consideration of reasonably 
        foreseeable import and export demands; or
            ``(15) unreasonably decline export cargo bookings if such 
        cargo can be loaded safely and timely, as determined by the 
        Commandant of the Coast Guard, and carried on a vessel 
        scheduled for the immediate destination of such cargo.''.
    (b) Rulemaking on Unreasonably Declining Cargo.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Commission shall initiate a 
        rulemaking proceeding to define the term ``unreasonably 
        decline'' for the purposes of subsection (a)(15) of section 
        41104 of title 46, United States Code (as added by subsection 
        (a)).
            (2) Contents.--The rulemaking under paragraph (1) shall 
        address the unreasonableness of ocean common carriers 
        prioritizing the shipment of empty containers while excluding, 
        limiting, or otherwise reducing the shipment of full, loaded 
        containers when such containers are readily available to be 
        shipped and the appurtenant vessel has the weight and space 
        capacity available to carry such containers if loaded in a safe 
        and timely manner.

SEC. 410. DETENTION AND DEMURRAGE.

    (a) In General.--Section 41104 of title 46, United States Code, is 
further amended by adding at the end the following:
    ``(d) Certification.--Failure of a common carrier to include a 
certification under section 41102(e) alongside any demurrage or 
detention charge shall eliminate any obligation of the charged party to 
pay the applicable charge.
    ``(e) Demurrage and Detention Practices and Charges.--
Notwithstanding any other provision of law and not later than 30 days 
of the date of enactment of this subsection, a common carrier or marine 
terminal operator, shall--
            ``(1) act in a manner consistent with any rules or 
        regulations concerning demurrage or detention issued by the 
        Commission;
            ``(2) maintain all records supporting the assessment of any 
        demurrage or detention charges for a period of 5 years and 
        provide such records to the invoiced party or to the Commission 
        on request; and
            ``(3) bear the burden of establishing the reasonableness of 
        any demurrage or detention charges which are the subject of any 
        complaint proceeding challenging a common carrier or marine 
        terminal operator demurrage or detention charges as unjust and 
        unreasonable.
    ``(f) Penalties for False or Inaccurate Certified Demurrage or 
Detention Charges.--In the event of a finding that the certification 
under section 41102(e) was inaccurate, or false after submission under 
section 41301, penalties under section 41107 shall be applied if the 
Commission determines, in a separate enforcement proceeding, such 
certification was inaccurate or false.''.
    (b) Rulemaking on Detention and Demurrage.--
            (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, the Federal Maritime Commission shall 
        initiate a rulemaking proceeding to establish rules prohibiting 
        common carriers and marine terminal operators from adopting and 
        applying unjust and unreasonable demurrage and detention rules 
        and practices.
            (2) Contents.--The rulemaking under paragraph (1) shall 
        address the issues identified in the final rule published on 
        May 18, 2020, titled ``Interpretive Rule on Demurrage and 
        Detention Under the Shipping Act'' (85 Fed. Reg. 29638), 
        including the following:
                    (A) Establishing clear and uniform definitions for 
                demurrage, detention, cargo availability for retrieval 
                and associated free time, and other terminology used in 
                the rule, including establishing a definition for cargo 
                availability for retrieval that accounts for government 
                inspections.
                    (B) Establishing that demurrage and detention rules 
                are not independent revenue sources but incentivize 
                efficiencies in the ocean transportation network, 
                including the retrieval of cargo and return of 
                equipment.
                    (C) Prohibiting the consumption of free time or 
                collection of demurrage and detention charges when 
                obstacles to the cargo retrieval or return of equipment 
                are within the scope of responsibility of the carrier 
                or their agent and beyond the control of the invoiced 
                or contracting party.
                    (D) Prohibiting the commencement or continuation of 
                free time unless cargo is available for retrieval and 
                timely notice of cargo availability has been provided.
                    (E) Prohibiting the consumption of free time or 
                collection of demurrage charges when marine terminal 
                appointments are not available during the free time 
                period.
                    (F) Prohibiting the consumption of free time or 
                collection of detention charges on containers when the 
                marine terminal required for return is not open or 
                available.
                    (G) Requiring common carriers to provide timely 
                notice of--
                            (i) cargo availability after vessel 
                        discharge;
                            (ii) container return locations; and
                            (iii) advance notice for container early 
                        return dates.
                    (H) Establishing minimum billing requirements, 
                including timeliness and supporting information that 
                shall be included in or with invoices for demurrage and 
                detention charges that will allow the invoiced party to 
                validate the charges.
                    (I) Requiring common carriers and marine terminal 
                operators to establish reasonable dispute resolution 
                policies and practices.
                    (J) Establishing the responsibilities of shippers, 
                receivers, and draymen with respect to cargo retrieval 
                and equipment return.
                    (K) Clarifying rules for the invoicing of parties 
                other than the shipper for any demurrage, detention, or 
                other similar per container charges, including 
                determining whether such parties should be billed at 
                all.
    (c) Rulemaking on Minimum Service Standards.--Not later than 90 
days after the date of enactment of this Act, the Commission shall 
initiate a rulemaking proceeding to incorporate subsections (d) through 
(f) of 41104 of title 46, United States Code, (as added by section 410) 
which shall include the following:
            (1) The obligation to adopt reasonable rules and practices 
        related to or connected with the furnishing and allocation of 
        adequate and suitable equipment, vessel space accommodations, 
        containers, and other instrumentalities necessary for the 
        receiving, loading, carriage, unloading and delivery of cargo.
            (2) The duty to perform the contract of carriage with 
        reasonable dispatch.
            (3) The requirement to carry United States export cargo if 
        such cargo can be loaded safely and timely, as determined by 
        the Commandant of the Coast Guard, and carried on a vessel 
        scheduled for such cargo's immediate destination.
            (4) The requirement of ocean common carriers to establish 
        contingency service plans to address and mitigate service 
        disruptions and inefficiencies during periods of port 
        congestion and other market disruptions.

SEC. 411. ASSESSMENT OF PENALTIES.

    (a) Assessment of Penalties.--Section 41109 of title 46, United 
States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``or, in addition to or in lieu of 
                a civil penalty, order the refund of money'' after 
                ``this part''; and
                    (B) by inserting ``or refund of money'' after 
                ``conditions, a civil penalty'';
            (2) in subsection (c) by inserting ``or refund of money'' 
        after ``civil penalty'';
            (3) in subsection (e) by inserting ``or order a refund of 
        money'' after ``civil penalty''; and
            (4) in subsection (f) by inserting ``or who is ordered to 
        refund money'' after ``civil penalty is assessed''.
    (b) Additional Penalties.--Section 41108(a) of title 46, United 
States Code, is amended by striking ``section 41104(1), (2), or (7)'' 
and inserting ``subsections (d) or (e) of section 41102 or paragraph 
(1), (2), (7), (14), or (15) of section 41104(a)''.
    (c) Conforming Amendment.--Section 41309 of title 46, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``or refund of money'' after 
                ``payment of reparation''; and
                    (B) by inserting ``or to whom the refund of money 
                was ordered'' after ``award was made''; and
            (2) in subsection (b) by inserting ``or refund of money'' 
        after ``award of reparation''.
    (d) Award of Reparations.--Section 41305(c) of title 46, United 
States Code, is amended--
            (1) by inserting ``or (c)'' after ``41102(b)''; and
            (2) by inserting ``, or if the Commission determines that a 
        violation of section 41102(e) was made willfully or knowingly'' 
        after ``of this title''.

SEC. 412. INVESTIGATIONS.

    Section 41302 of title 46, United States Code, is amended by 
striking ``or agreement'' and inserting ``, agreement, fee, or 
charge''.

SEC. 413. INJUNCTIVE RELIEF.

    Section 41307(b) to title 46, United States Code, is amended--
            (1) in paragraph (3)--
                    (A) in the heading by striking ``and third 
                parties''; and
                    (B) by striking the second sentence; and
            (2) by adding at the end the following:
            ``(5) Third party intervention.--The court may allow a 
        third party to intervene in a civil action brought under this 
        section.''.

SEC. 414. TECHNICAL AMENDMENTS.

    (a) Federal Maritime Commission.--The analysis for chapter 461 of 
title 46, United States Code, is amended by striking the first item 
relating to chapter 461.
    (b) Assessment of Penalties.--Section 41109(c) of title 46, United 
States Code, is amended by striking ``section 41104(1) or (2)'' and 
inserting ``paragraph (1) or (2) of section 41104(a)''.
    (c) National Shipper Advisory Committee.--Section 42502(c)(3) of 
title 46, United States Code is amended by striking ``Representation'' 
and all that follows through ``Members'' and inserting 
``Representation.--Members''.

SEC. 415. AUTHORIZATION OF APPROPRIATIONS.

    Section 46108 of title 46, United States Code, is amended by 
striking ``$29,086,888 for fiscal year 2020 and $29,639,538 for fiscal 
year 2021'' and inserting ``$32,603,492 for fiscal year 2022 and 
$35,863,842 for fiscal year 2023''.

SEC. 416. NAS STUDY ON SUPPLY CHAIN INDUSTRY.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of Transportation shall seek to enter into 
an agreement with the National Academy of Sciences under which the 
National Academy shall conduct a study on the United States supply 
chain that examines data constraints that impede the flow of maritime 
cargo and add to supply chain inefficiencies and that identifies data 
sharing systems that can be employed to improve the functioning of the 
United States supply chain.
    (b) Contents.--The study required under subsection (a) shall 
include--
            (1) the identification of where bottlenecks or chokepoints 
        are most prominent within the United States supply chain;
            (2) the identification of what common shipping data is 
        created with each hand-off of a container through the United 
        States supply chain and how such data is stored and shared;
            (3) the identification of critical data elements used by 
        any entity covered by subsection (c), including the key 
        elements used for various supply chain business processes;
            (4) a review of the methodology used to store, access, and 
        disseminate shipping data across the United States supply chain 
        and evaluation of the inefficiencies in such methodology;
            (5) an analysis of existing and potential impediments to 
        the free flow of information among entities covered by 
        subsection (c), including--
                    (A) identification of barriers that prevent 
                carriers, terminals, and shippers from having access to 
                commercial data; and
                    (B) any inconsistencies in--
                            (i) terminology used across data elements 
                        connected to the shipment, arrival, and 
                        unloading of a shipping container; and
                            (ii) the classification systems used across 
                        the United States supply chain, including 
                        inconsistencies in the names of entities 
                        covered by subsection (c), geographical names, 
                        and terminology;
            (6) the identification of information to be included in an 
        improved data sharing system designed to plan, execute, and 
        monitor the optimal loading and unloading of maritime cargo; 
        and
            (7) the identification of existing software and data 
        sharing platforms available to facilitate propagation of 
        information to all agents involved in the loading and unloading 
        of maritime cargo and evaluate the effectiveness of such 
        software and platforms if implemented.
    (c) Collection of Information.--In conducting the study required 
under subsection (a), the National Academy of Sciences shall collect 
information from--
            (1) vessel operating common carriers and non-vessel 
        operating common carriers;
            (2) marine terminal operators;
            (3) commercial motor vehicle operators;
            (4) railroad carriers;
            (5) chassis providers;
            (6) ocean transportation intermediaries;
            (7) custom brokers;
            (8) freight forwarders;
            (9) shippers and cargo owners;
            (10) the National Shipper Advisory Committee;
            (11) relevant government agencies, such as the Federal 
        Maritime Commission, the Surface Transportation Board, and the 
        United States Customs and Border Protection;
            (12) to the extent practicable, representatives of foreign 
        countries and maritime jurisdictions outside of the United 
        States; and
            (13) any other entity involved in the transportation of 
        ocean cargo and the unloading of cargo upon arrival at a port.
    (d) Facilitation of Data Sharing.--In carrying out the study under 
subsection (a), the National Academy of Sciences may solicit 
information from any relevant agency relating to the United States 
supply chain.
    (e) Report.--Not later than 18 months after entering into an 
arrangement with the Secretary under subsection (a), the National 
Academy of Sciences 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, and make available 
on a publicly accessible website, a report containing--
            (1) the study required under subsection (a);
            (2) the information collected under subsections (b) and 
        (c), excluding any personally identifiable information or 
        sensitive business information; and
            (3) any recommendations for--
                    (A) common data standards to be used in the United 
                States supply chain; and
                    (B) policies and protocols that would streamline 
                information sharing across the United States supply 
                chain.

SEC. 417. TEMPORARY EMERGENCY AUTHORITY.

    (a) Public Input on Information Sharing.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Federal Maritime Commission shall 
        issue a request for information seeking public comment 
        regarding--
                    (A) whether congestion of the common carriage of 
                goods has created an emergency situation of a magnitude 
                such that there exists a substantial adverse effect on 
                the competitiveness and reliability of the 
                international ocean transportation supply system;
                    (B) whether an emergency order described in 
                subsection (b) would alleviate such an emergency 
                situation; and
                    (C) the appropriate scope of such an emergency 
                order, if applicable.
            (2) Consultation.--During the public comment period under 
        paragraph (1), the Commission may consult, as the Commission 
        determines to be appropriate, with--
                    (A) other Federal departments and agencies; and
                    (B) persons with expertise relating to maritime and 
                freight operations.
    (b) Authority to Issue Emergency Order Requiring Information 
Sharing.--On making a unanimous determination described in subsection 
(c), the Commission may issue an emergency order requiring any common 
carrier or marine terminal operator to share directly with relevant 
shippers, rail carriers, or motor carriers information relating to 
cargo throughput and availability, in order to ensure the efficient 
transportation, loading, and unloading of cargo to or from--
            (1) any inland destination or point of origin;
            (2) any vessel; or
            (3) any point on a wharf or terminal.
    (c) Description of Determination.--
            (1) In general.--A determination referred to in subsection 
        (b) is a unanimous determination by the Commission that 
        congestion of common carriage of goods has created an emergency 
        situation of a magnitude such that there exists a substantial 
        adverse effect on the competitiveness and reliability of the 
        international ocean transportation supply system.
            (2) Factors for consideration.--In issuing an emergency 
        order under subsection (b), the Commission shall ensure that 
        such order includes parameters relating to temporal and 
        geographic scope, taking into consideration the likely burdens 
        on ocean carriers and marine terminal operators and the likely 
        benefits on congestion relating to the purposes described in 
        section 40101 of title 46, United States Code.
    (d) Petitions for Exception.--
            (1) In general.--A common carrier or marine terminal 
        operator subject to an emergency order issued under this 
        section may submit to the Commission a petition for exception 
        from 1 or more requirements of the emergency order, based on a 
        showing of undue hardship or other condition rendering 
        compliance with such a requirement impractical.
            (2) Determination.--Not later than 21 days after the date 
        on which a petition for exception under paragraph (1) is 
        submitted, the Commission shall determine whether to approve or 
        deny such petition by majority vote.
            (3) Inapplicability pending review.--The requirements of an 
        emergency order that is the subject of a petition for exception 
        under this subsection shall not apply to a petitioner during 
        the period for which the petition is pending.
    (e) Limitations.--
            (1) Term.--An emergency order issued under this section 
        shall remain in effect for a period of not longer than 60 days.
            (2) Renewal.--The Commission may renew an emergency order 
        issued under this section for an additional term by a unanimous 
        determination by the Commission.
    (f) Sunset.--The authority provided by this section shall terminate 
on the date that is 2 years after the date of enactment of this Act.
    (g) Definitions.--In this section:
            (1) Common carrier.--The term ``common carrier'' has the 
        meaning given such term in section 40102 of title 46, United 
        States Code.
            (2) Motor carrier.--The term ``motor carrier'' has the 
        meaning given such term in section 13102 of title 49, United 
        States Code.
            (3) Rail carrier.--The term ``rail carrier'' has the 
        meaning given such term in section 10102 of title 49, United 
        States Code.
            (4) Shipper.--The term ``shipper'' has the meaning given 
        such term in section 40102 of title 46, United States Code.

SEC. 418. TERMS AND VACANCIES.

    Section 46101(b) of title 46, United States Code, is amended by--
            (1) in paragraph (2)--
                    (A) by striking ``one year'' and inserting ``2 
                years''; and
                    (B) by striking ``2 terms'' and inserting ``3 
                terms''; and
            (2) in paragraph (3)--
                    (A) by striking ``of the individual being 
                succeeded'' and inserting ``to which such individual is 
                appointed'';
                    (B) by striking ``2 terms'' and inserting ``3 
                terms''; and
                    (C) by striking ``the predecessor of that'' and 
                inserting ``such''.

                         TITLE V--MISCELLANEOUS

                         Subtitle A--Navigation

SEC. 501. RESTRICTION ON CHANGING SALVORS.

    Section 311(c)(3) of the Federal Water Pollution Control Act (33 
U.S.C. 1321(c)(3)) is amended by adding at the end the following:
            ``(C) An owner or operator may not change salvors as part 
        of a deviation under subparagraph (B) in cases in which the 
        original salvor satisfies the Coast Guard requirements in 
        accordance with the National Contingency Plan and the 
        applicable response plan required under subsection (j).
            ``(D) In any case in which the Coast Guard authorizes a 
        deviation from the salvor as part of a deviation under 
        subparagraph (B) from the applicable response plan required 
        under subsection (j), the Commandant 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 describing the deviation 
        and the reasons for such deviation.''.

SEC. 502. PROVIDING REQUIREMENTS FOR VESSELS ANCHORED IN ESTABLISHED 
              ANCHORAGE GROUNDS.

    (a) In General.--Section 70006 of title 46, United States Code, is 
amended to read as follows:
``Sec. 70006. Anchorage grounds
    ``(a) Anchorage Grounds.--
            ``(1) Establishment.--The Secretary of the department in 
        which the Coast Guard is operating shall define and establish 
        anchorage grounds in the navigable waters of the United States 
        for vessels operating in such waters.
            ``(2) Relevant factors for establishment.--In carrying out 
        paragraph (1), the Secretary shall take into account all 
        relevant factors concerning navigational safety, protection of 
        the marine environment, proximity to undersea pipelines and 
        cables, safe and efficient use of Marine Transportation System, 
        and national security.
    ``(b) Vessel Requirements.--Vessels, of certain sizes or type 
determined by the Secretary, shall--
            ``(1) set and maintain an anchor alarm for the duration of 
        an anchorage;
            ``(2) comply with any directions or orders issued by the 
        Captain of the Port; and
            ``(3) comply with any applicable anchorage regulations.
    ``(c) Prohibitions.--A vessel may not--
            ``(1) anchor in any Federal navigation channel unless 
        authorized or directed to by the Captain of the Port;
            ``(2) anchor in near proximity, within distances determined 
        by the Coast Guard, to an undersea pipeline or cable, unless 
        authorized or directed to by the Captain of the Port; and
            ``(3) anchor or remain anchored in an anchorage ground 
        during any period in which the Captain of the Port orders 
        closure of the anchorage ground due to inclement weather, 
        navigational hazard, a threat to the environment, or other 
        safety or security concern.
    ``(d) Safety Exception.--Nothing in this section shall be construed 
to prevent a vessel from taking actions necessary to maintain the 
safety of the vessel or to prevent the loss of life or property.''.
    (b) Regulatory Review.--
            (1) Review required.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary of the department in 
        which the Coast Guard is operating shall complete a review of 
        existing anchorage regulations and identify regulations that 
        may need modification--
                    (A) in the interest of marine safety, security, and 
                environmental concerns, taking into account undersea 
                pipelines, cables, or other infrastructure; and
                    (B) to implement the amendments made by this 
                section.
            (2) Briefing.--Upon completion of the review under 
        paragraph (1), but not later than 2 years after the date of 
        enactment of this Act, the Secretary shall provide a briefing 
        to the Committee on Commerce, Science, and Transportation of 
        the Senate and the Subcommittee on Coast Guard and Maritime 
        Transportation of the Committee on Transportation and 
        Infrastructure of the House of Representatives that summarizes 
        the review.
    (c) Clerical Amendment.--The table of sections for chapter 700 of 
title 46, United States Code, is amended by striking the item relating 
to section 70006 and inserting the following:

``70006. Anchorage grounds.''.
    (d) Applicability of Regulations.--The amendments made by 
subsection (a) may not be construed to alter any existing rules, 
regulations, or final agency actions issued under section 70006 of 
title 46, United States Code, as in effect on the day before the date 
of enactment of this Act until all regulations required under 
subsection (b) take effect.

SEC. 503. AQUATIC NUISANCE SPECIES TASK FORCE.

    (a) Recreational Vessel Defined.--Section 1003 of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is 
amended--
            (1) by redesignating paragraphs (13) through (17) as 
        paragraphs (15) through (19), respectively; and
            (2) by inserting after paragraph (12) the following:
            ``(13) `State' means each of the several States, the 
        District of Columbia, American Samoa, Guam, Puerto Rico, the 
        Northern Mariana Islands, and the Virgin Islands of the United 
        States;
            ``(14) `recreational vessel' has the meaning given that 
        term in section 502 of the Federal Water Pollution Control Act 
        (33 U.S.C. 1362);''.
    (b) Observers.--Section 1201 of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4721) is amended by 
adding at the end the following:
    ``(g) Observers.--The chairpersons designated under subsection (d) 
may invite representatives of nongovernmental entities to participate 
as observers of the Task Force.''.
    (c) Aquatic Nuisance Species Task Force.--Section 1201(b) of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4721(b)) is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) by redesignating paragraph (7) as paragraph (10); and
            (3) by inserting after paragraph (6) the following:
            ``(7) the Director of the National Park Service;
            ``(8) the Director of the Bureau of Land Management;
            ``(9) the Commissioner of Reclamation; and''.
    (d) Aquatic Nuisance Species Program.--Section 1202 of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4722) is amended--
            (1) in subsection (e) by adding at the end the following:
            ``(4) Technical assistance and recommendations.--The Task 
        Force may provide technical assistance and recommendations for 
        best practices to an agency or entity engaged in vessel 
        inspections or decontaminations for the purpose of--
                    ``(A) effectively managing and controlling the 
                movement of aquatic nuisance species into, within, or 
                out of water of the United States; and
                    ``(B) inspecting recreational vessels in a manner 
                that minimizes disruptions to public access for boating 
                and recreation in non-contaminated vessels.
            ``(5) Consultation.--In carrying out paragraph (4), 
        including the development of recommendations, the Task Force 
        may consult with--
                    ``(A) State fish and wildlife management agencies;
                    ``(B) other State agencies that manage fishery 
                resources of the State or sustain fishery habitat; and
                    ``(C) relevant nongovernmental entities.''; and
            (2) in subsection (k) by adding at the end the following:
            ``(3) Not later than 90 days after the date of enactment of 
        the Don Young Coast Guard Authorization Act of 2022, the Task 
        Force shall submit a report to Congress recommending 
        legislative, programmatic, or regulatory changes to eliminate 
        remaining gaps in authorities between members of the Task Force 
        to effectively manage and control the movement of aquatic 
        nuisance species.''.
    (e) Technical Corrections and Conforming Amendments.--The 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4701 et seq.) is further amended--
            (1) in section 1002(b)(2), by inserting a comma after 
        ``funded'';
            (2) in section 1003, in paragraph (7), by striking 
        ``Canandian'' and inserting ``Canadian'';
            (3) in section 1203(a)--
                    (A) in paragraph (1)(F), by inserting ``and'' after 
                ``research,''; and
                    (B) in paragraph (3), by striking ``encourage'' and 
                inserting ``encouraged'';
            (4) in section 1204(b)(4), in the paragraph heading, by 
        striking ``Adminisrative'' and inserting ``Administrative''; 
        and
            (5) in section 1209, by striking ``subsection (a)'' and 
        inserting ``section 1202(a)''.

SEC. 504. LIMITATION ON RECOVERY FOR CERTAIN INJURIES INCURRED IN 
              AQUACULTURE ACTIVITIES.

    (a) In General.--Section 30104 of title 46, United States Code, is 
amended--
            (1) by inserting ``(a) In General.--'' before the first 
        sentence; and
            (2) by adding at the end the following:
    ``(b) Limitation on Recovery by Aquaculture Workers.--
            ``(1) In general.--For purposes of subsection (a), the term 
        `seaman' does not include an individual who--
                    ``(A) is an aquaculture worker if State workers' 
                compensation is available to such individual; and
                    ``(B) was, at the time of injury, engaged in 
                aquaculture in a place where such individual had lawful 
                access.
            ``(2) Aquaculture worker defined.--In this subsection, the 
        term `aquaculture worker' means an individual who--
                    ``(A) is employed by a commercial enterprise that 
                is involved in the controlled cultivation and harvest 
                of aquatic plants and animals, including--
                            ``(i) the cleaning, processing, or canning 
                        of fish and fish products;
                            ``(ii) the cultivation and harvesting of 
                        shellfish; and
                            ``(iii) the controlled growing and 
                        harvesting of other aquatic species;
                    ``(B) does not hold a license issued under section 
                7101(c); and
                    ``(C) is not required to hold a merchant mariner 
                credential under part F of subtitle II.''.
    (b) Applicability.--The amendments made by this section shall apply 
to an injury incurred on or after the date of enactment of this Act.

                       Subtitle B--Other Matters

SEC. 505. INFORMATION ON TYPE APPROVAL CERTIFICATES.

    (a) In General.--Title IX of the Frank LoBiondo Coast Guard 
Authorization Act of 2018 (Public Law 115-282) is amended by adding at 
the end the following:

``SEC. 904. INFORMATION ON TYPE APPROVAL CERTIFICATES.

    ``The Commandant of the Coast Guard shall, upon request by any 
State, the District of Columbia, or territory of the United States, 
provide all data possessed by the Coast Guard pertaining to challenge 
water quality characteristics, challenge water biological organism 
concentrations, post-treatment water quality characteristics, and post-
treatment biological organism concentrations data for a ballast water 
management system with a type approval certificate approved by the 
Coast Guard pursuant to subpart 162.060 of title 46, Code of Federal 
Regulations.''.
    (b) Clerical Amendment.--The table of contents for the Frank 
LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-282) is 
amended by inserting after the item relating to section 903 the 
following:

``904. Information on type approval certificates.''.

SEC. 506. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.

    Section 3507(k)(1) of title 46, United States Code, is amended--
            (1) in subparagraph (A) by striking ``at least 250'' and 
        inserting ``250 or more''; and
            (2) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) has overnight accommodations for 250 or more 
                passengers; and''.

SEC. 507. CARGO WAITING TIME REDUCTION.

    (a) Interagency Task Force.--The President shall, acting through 
the Supply Chain Disruptions Task Force established under Executive 
Order 14017 (relating to supply chains) of February 24, 2021 (86 Fed. 
Reg. 11849) (hereinafter referred to as the ``Task Force''), carry out 
the duties described in subsection (c).
    (b) Duties.--In carrying out this section, the Task Force shall--
            (1) evaluate and quantify the economic and environmental 
        impact of cargo backlogs;
            (2) evaluate and quantify the costs incurred by each 
        Federal agency represented on the Task Force, and by State and 
        local governments, due to such cargo backlogs;
            (3) evaluate the responses of each such Federal agency to 
        such cargo backlogs; and
            (4) not later than 90 days after the date of enactment of 
        this Act--
                    (A) develop a plan to--
                            (i) significantly reduce or eliminate such 
                        cargo backlog; and
                            (ii) reduce nationwide cargo processing 
                        delays, including the Port of Los Angeles and 
                        the Port of Long Beach; and
                    (B) 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 plan developed under 
                subparagraph (A).
    (c) Report of the Commandant.--No later than 90 days after the date 
of enactment 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 on cargo backlogs that includes--
            (1) an explanation of the extent to which vessels carrying 
        cargo are complying with the requirements of chapter 700 of 
        title 46, United States Code;
            (2) the status of the investigation on the cause of the oil 
        spill that occurred in October 2021 on the waters over the San 
        Pedro Shelf related to an anchor strike, including the expected 
        date on which the Marine Casualty Investigation Report with 
        respect to such spill will be released; and
            (3) with respect to such vessels, a summary of actions 
        taken or planned to be taken by the Commandant to--
                    (A) provide additional protections against oil 
                spills caused by anchor strikes; and
                    (B) address other safety concerns and environmental 
                impacts.

SEC. 508. LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL RESPONSE 
              CONTRACTS.

    (a) In General.--Subject to subsections (b) and (c), a contract for 
the containment or removal of a discharge entered into by the President 
under section 311(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1321(c)) shall contain a provision to indemnify a contractor for 
liabilities and expenses incidental to the containment or removal 
arising out of the performance of the contract that is substantially 
identical to the terms contained in subsections (d) through (h) of 
section H.4 (except for paragraph (1) of subsection (d)) of the 
contract offered by the Coast Guard in the solicitation numbered 
DTCG89-98- A-68F953, dated November 17, 1998.
    (b) Requirements.--
            (1) Source of funds.--The provision required under 
        subsection (a) shall include a provision that the obligation to 
        indemnify is limited to funds available in the Oil Spill 
        Liability Trust Fund established by section 9509(a) of the 
        Internal Revenue Code of 1986 at the time the claim for 
        indemnity is made.
            (2) Uncompensated removal.--A claim for indemnity under a 
        contract described in subsection (a) shall be made as a claim 
        for uncompensated removal costs under section 1012(a)(4) of the 
        Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)).
            (3) Limitation.--The total indemnity for a claim under a 
        contract described in subsection (a) may not be more than 
        $50,000 per incident.
    (c) Applicability of Exemptions.--Notwithstanding subsection (a), 
the United States shall not be obligated to indemnify a contractor for 
any act or omission of the contractor carried out pursuant to a 
contract entered into under this section where such act or omission is 
grossly negligent or which constitutes willful misconduct.

SEC. 509. PORT COORDINATION COUNCIL FOR POINT SPENCER.

    Section 541 of the Coast Guard Authorization Act of 2016 (Public 
Law 114-120) is amended--
            (1) in subsection (b) by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) BSNC (to serve as Council Chair).
            ``(2) The Secretary of Homeland Security.
            ``(3) An Oil Spill Response Organization that serves the 
        area in which such Port is located.
            ``(4) The State.'';
            (2) in subsection (c)(1)--
                    (A) in subparagraph (B) by adding ``and'' at the 
                end; and
                    (B) by striking subparagraphs (C) and (D) and 
                inserting the following:
                    ``(C) land use planning and development at Point 
                Spencer in support of the following activities within 
                the Bearing Sea, the Chukchi Sea, and the Arctic Ocean:
                            ``(i) Search and rescue.
                            ``(ii) Shipping safety.
                            ``(iii) Economic development.
                            ``(iv) Oil spill prevention and response.
                            ``(v) National security.
                            ``(vi) Major marine casualties.
                            ``(vii) Protection of Alaska Native 
                        archaeological and cultural resources.
                            ``(viii) Port of refuge, arctic research, 
                        and maritime law enforcement.'';
            (3) by amending subsection (c)(3) to read as follows:
            ``(3) Facilitate coordination among members of the Council 
        on the development and use of the land and coastline of Point 
        Spencer, as such development and use relate to activities of 
        the Council at the Port of Point Spencer.''; and
            (4) in subsection (e)--
                    (A) by striking ``Operations and management costs'' 
                and inserting the following:
            ``(1) Determination of costs.--Operations and management 
        costs''; and
                    (B) by adding at the end the following:
            ``(2) Funding.--To facilitate the mooring buoy system in 
        Port Clarence and to assist the Council in the development of 
        other oil spill prevention and response infrastructure, 
        including reactivating the airstrip at Point Spencer with 
        appropriate technology and safety equipment in support of 
        response operations, there is authorized to be made available 
        $5,000,000 for each of fiscal years 2023 through 2025 from the 
        interest generated from the Oil Spill Liability Trust Fund.''.

SEC. 510. WESTERN ALASKA OIL SPILL PLANNING CRITERIA.

    (a) Western Alaska Oil Spill Planning Criteria.--Section 311(j)(5) 
of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)) is 
amended by adding at the end the following:
                    ``(J)(i) Except as provided in clause (iv) 
                (including with respect to Cook Inlet), in any case in 
                which the Secretary has determined that the national 
                planning criteria established pursuant to this 
                subsection are inappropriate for a vessel operating in 
                the area of responsibility of the Western Alaska 
                Captain of the Port Zone, a response plan required 
                under this paragraph with respect to a discharge of oil 
                for the vessel shall comply with the planning criteria 
                established under clause (ii), which planning criteria 
                shall, with respect to a discharge of oil from the 
                vessel, apply in lieu of any alternative planning 
                criteria approved for vessels operating in such area.
                    ``(ii) The President shall establish planning 
                criteria for a worst case discharge of oil, and a 
                substantial threat of such a discharge, within the area 
                of responsibility of Western Alaska Captain of the Port 
                Zone, including planning criteria for the following:
                            ``(I) Oil spill response resources that are 
                        required to be located within such area.
                            ``(II) Response times for mobilization of 
                        oil spill response resources and arrival on the 
                        scene of a worst case discharge of oil, or 
                        substantial threat of such a discharge, 
                        occurring within such area.
                            ``(III) Pre-identified vessels for oil 
                        spill response that are capable of operating in 
                        the ocean environment and required to be 
                        located within such area.
                            ``(IV) Real-time continuous vessel 
                        tracking, monitoring, and engagement protocols 
                        that detect and address vessel operation 
                        anomalies.
                            ``(V) Vessel routing measures consistent 
                        with international routing measure deviation 
                        protocols.
                            ``(VI) Ensuring the availability of at 
                        least one oil spill removal organization that 
                        is classified by the Coast Guard and that--
                                    ``(aa) is capable of responding in 
                                all operating environments in such 
                                area;
                                    ``(bb) controls oil spill response 
                                resources of dedicated and nondedicated 
                                resources within such area, through 
                                ownership, contracts, agreements, or 
                                other means approved by the President, 
                                sufficient to mobilize and sustain a 
                                response to a worst case discharge of 
                                oil and to contain, recover, and 
                                temporarily store discharged oil; and
                                    ``(cc) has pre-positioned oil spill 
                                response resources in strategic 
                                locations throughout such area in a 
                                manner that ensures the ability to 
                                support response personnel, marine 
                                operations, air cargo, or other related 
                                logistics infrastructure.
                            ``(VII) Temporary storage capability using 
                        both dedicated and non-dedicated assets located 
                        within such area.
                            ``(VIII) Non-mechanical oil spill response 
                        resources, to be available under contracts, 
                        agreements, or other means approved by the 
                        President, capable of responding to both a 
                        discharge of persistent oil and a discharge of 
                        non-persistent oil, whether the discharged oil 
                        was carried by a vessel as fuel or cargo.
                            ``(IX) With respect to tank barges carrying 
                        non-persistent oil in bulk as cargo, oil spill 
                        response resources that are required to be 
                        carried on board.
                            ``(X) Ensuring that oil spill response 
                        resources required to comply with this 
                        subparagraph are separate from and in addition 
                        to resources otherwise required to be included 
                        in a response plan for purposes of compliance 
                        with salvage and marine firefighting planning 
                        requirements under this subsection.
                            ``(XI) Specifying a minimum length of time 
                        that approval of a response plan under this 
                        subparagraph is valid.
                            ``(XII) Ensuring compliance with 
                        requirements for the preparation and submission 
                        of vessel response plans established by 
                        regulations pursuant to this paragraph.
                    ``(iii) The President may approve a response plan 
                for a vessel under this subparagraph only if the owner 
                or operator of the vessel demonstrates the availability 
                of the oil spill response resources required to be 
                included in the response plan under the planning 
                criteria established under clause (ii).
                    ``(iv) Nothing in this subparagraph affects--
                            ``(I) the requirements under this 
                        subsection applicable to vessel response plans 
                        for vessels operating within the area of 
                        responsibility of the Western Alaska Captain of 
                        the Port Zone within Cook Inlet, Alaska;
                            ``(II) the requirements applicable to tank 
                        vessels operating within Prince William Sound 
                        Captain of the Port Zone that are subject to 
                        section 5005 of the Oil Pollution Act of 1990 
                        (33 U.S.C. 2735); or
                            ``(III) the authority of a Federal On-Scene 
                        Coordinator to use any available resources when 
                        responding to an oil spill.
                    ``(v) The Secretary shall review any determination 
                that the national planning criteria are inappropriate 
                for a vessel operating in the area of responsibility of 
                Western Alaska Captain of the Port Zone not less 
                frequently than once every five years.
                    ``(vi) For purposes of this subparagraph, the term 
                `Western Alaska Captain of the Port Zone' means the 
                area described in section 3.85-15 of title 33, Code of 
                Federal Regulations, as in effect on the date of 
                enactment of this subparagraph.''.
    (b) Establishment of Alaska Oil Spill Planning Criteria.--
            (1) Deadline.--Not later than 2 years after the date of 
        enactment of this Act, the President shall establish the 
        planning criteria required to be established under subparagraph 
        (J) of section 311(j)(5) of the Federal Water Pollution Control 
        Act of (33 U.S.C. 1321(j)(5)), as added by this section.
            (2) Consultation.--In establishing such planning criteria, 
        the President shall consult with the State of Alaska, owners 
        and operators of vessels subject to such planning criteria, oil 
        spill removal organizations, Alaska Native organizations, and 
        environmental nongovernmental organizations located within the 
        State of Alaska.
            (3) Vessels in cook inlet.--Unless otherwise authorized by 
        the Secretary of the department in which the Coast Guard, a 
        vessel may only operate in Cook Inlet, Alaska, under a vessel 
        response plan that meets the requirements of the national 
        planning criteria established pursuant to section 311(j)(5) of 
        the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)).
    (c) Congressional Report.--Not later than one year after the date 
of enactment of this Act, the Secretary of the department in which the 
Coast Guard is operating shall submit to Congress a report regarding 
the status of implementing the requirements of subparagraph (J) of 
section 311(j)(5) of the Federal Water Pollution Control Act (33 U.S.C. 
1321(j)(5)), as added by this section.

SEC. 511. NONAPPLICABILITY.

    Requirements under sections 3507(d), 3507(e), 3508, and 3509 of 
title 46, United States Code, shall not apply to the passenger vessel 
American Queen (U.S. Coast Guard Official Number 1030765) or any other 
passenger vessel--
            (1) on which construction identifiable with the specific 
        vessel begins prior to the date of enactment of this Act; and
            (2) to which sections 3507 and 3508 would otherwise apply 
        when such vessels are operating inside the boundary line.

SEC. 512. REPORT ON ENFORCEMENT OF COASTWISE LAWS.

    The Commandant of the Coast Guard shall submit to Congress a report 
describing any changes to the enforcement of chapters 121 and 551 of 
title 46, United States Code, as a result of the amendments to section 
4(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(1)) 
made by section 9503 of the William M. (Mac) Thornberry National 
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283).

SEC. 513. LAND CONVEYANCE, SHARPE ARMY DEPOT, LATHROP, CALIFORNIA.

    Not later than 1 year after the date of enactment of this Act, the 
Administrator of the Maritime Administration shall complete the land 
conveyance required under section 2833 of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal Year 2021 
(Public Law 116-283).

SEC. 514. CENTER OF EXPERTISE FOR MARINE ENVIRONMENTAL RESPONSE.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Commandant of the Coast Guard, in consultation with 
the Administrator of the National Oceanic and Atmospheric 
Administration, shall establish a Center of Expertise for Marine 
Environmental Response (referred to in this section as the ``Center of 
Expertise'') in accordance with section 313 of title 14, United States 
Code.
    (b) Location.--The Center of Expertise shall be located in close 
proximity to--
            (1) an area of the country with quick access to State, 
        Federal, and international waters, port and marine 
        environments, coastal and estuary environments, and the 
        intercoastal waterway;
            (2) multiple Coast Guard sea and air stations;
            (3) multiple Federal agencies that are engaged in coastal 
        and fisheries management;
            (4) one or more designated national estuaries;
            (5) State coastal and wildlife management agencies; and
            (6) an institution of higher education with adequate marine 
        science search laboratory facilities and capabilities and 
        expertise in coastal marine ecology, ecosystems, environmental 
        chemistry, fish and wildlife management, coastal mapping, water 
        resources, and marine technology development.
    (c) Functions.--The Center of Expertise shall--
            (1) monitor and assess, on an ongoing basis, the state of 
        knowledge regarding training, education, and technology 
        development for marine environmental response protocols in 
        State, Federal, and international waters, port and marine 
        environments, coastal and estuary environments, and the 
        intercoastal waterway;
            (2) identify any significant gaps in research related to 
        marine environmental response protocols, including an 
        assessment of major scientific or technological deficiencies in 
        responses to past incidents in these waterways that are 
        interconnected, and seek to fill such gaps;
            (3) conduct research, development, testing, and evaluation 
        for marine environmental response equipment, technologies, and 
        techniques to mitigate and respond to environmental incidents 
        in these waterways;
            (4) educate and train Federal, State, and local first 
        responders in--
                    (A) the incident command system structure;
                    (B) marine environmental response techniques and 
                strategies; and
                    (C) public affairs; and
            (5) work with academic and private sector response training 
        centers to develop and standardize marine environmental 
        response training and techniques.
    (d) Marine Environmental Response Defined.--In this section, the 
term ``marine environmental response'' means any response to incidents 
that--
            (1) impacts--
                    (A) the marine environment of State, Federal or 
                international waterways;
                    (B) port and marine environments;
                    (C) coastal and estuary environments; or
                    (D) the intercoastal waterway; and
            (2) promotes--
                    (A) the protection and conservation of the marine 
                environment;
                    (B) the health of fish, animal populations, and 
                endangered species; and
                    (C) the resilience of coastal ecosystems and 
                infrastructure.

SEC. 515. PROHIBITION ON ENTRY AND OPERATION.

    (a) Prohibition.--
            (1) In general.--Except as otherwise provided in this 
        section, during the period in which Executive Order 14065 (87 
        Fed. Reg. 10293, relating to blocking certain Russian property 
        or transactions), or any successor Executive Order is in 
        effect, no vessel described in subsection (b) may enter or 
        operate in the navigable waters of the United States or 
        transfer cargo in any port or place under the jurisdiction of 
        the United States.
            (2) Limitations on application.----
                    (A) In general.--The prohibition under paragraph 
                (1) shall not apply with respect to vessel described in 
                subsection (b) if the Secretary of State determines 
                that--
                            (i) the vessel is owned or operated by a 
                        Russian national or operated by the government 
                        of the Russian Federation; and
                            (ii) it is in the national security 
                        interest not to apply the prohibition to such 
                        vessel.
                    (B) Notice.--Not later than 15 days after making a 
                determination under subparagraph (A), the Secretary of 
                State shall submit to the Committee on Foreign Affairs 
                and the Committee on Transportation and Infrastructure 
                of the House of Representatives and the Committee on 
                Foreign Relations and the Committee on Commerce, 
                Science, and Transportation of the Senate written 
                notice of the determination and the basis upon which 
                the determination was made.
                    (C) Publication.--The Secretary of State shall 
                publish a notice in the Federal Register of each 
                determination made under subparagraph (A).
    (b) Vessels Described.--A vessel referred to in subsection (a) is a 
vessel owned or operated by a Russian national or operated by the 
government of the Russian Federation.
    (c) Information and Publication.--The Secretary of the department 
in which the Coast Guard is operating, with the concurrence of the 
Secretary of State, shall--
            (1) maintain timely information on the registrations of all 
        foreign vessels owned or operated by or on behalf of the 
        Government of the Russian Federation, a Russian national, or a 
        entity organized under the laws of the Russian Federation or 
        any jurisdiction within the Russian Federation; and
            (2) periodically publish in the Federal Register a list of 
        the vessels described in paragraph (1).
    (d) Notification of Governments.--
            (1) In general.--The Secretary of State shall notify each 
        government, the agents or instrumentalities of which are 
        maintaining a registration of a foreign vessel that is included 
        on a list published under subsection (c)(2), not later than 30 
        days after such publication, that all vessels registered under 
        such government's authority are subject to subsection (a).
            (2) Additional notification.--In the case of a government 
        that continues to maintain a registration for a vessel that is 
        included on such list after receiving an initial notification 
        under paragraph (1), the Secretary shall issue an additional 
        notification to such government not later than 120 days after 
        the publication of a list under subsection (c)(2).
    (e) Notification of Vessels.--Upon receiving a notice of arrival 
under section 70001(a)(5) of title 46, United States Code, from a 
vessel described in subsection (b), the Secretary of the department in 
which the Coast Guard is operating shall notify the master of such 
vessel that the vessel may not enter or operate in the navigable waters 
of the United States or transfer cargo in any port or place under the 
jurisdiction of the United States, unless--
            (1) the Secretary of State has made a determination under 
        subsection (a)(2); or
            (2) the Secretary of the department in which the Coast 
        Guard is operating allows provisional entry of the vessel, or 
        transfer of cargo from the vessel, under subsection (f).
    (f) Provisional Entry or Cargo Transfer.--Notwithstanding any other 
provision of this section, the Secretary of the department in which the 
Coast Guard is operating may allow provisional entry of, or transfer of 
cargo from, a vessel, if such entry or transfer is necessary for the 
safety of the vessel or persons aboard.

SEC. 516. ST. LUCIE RIVER RAILROAD BRIDGE.

    The Commandant of the Coast Guard shall take such actions as are 
necessary to implement any recommendations for the St. Lucie River 
railroad bridge made by the Coast Guard in the document titled 
``Waterways Analysis and Management System for Intracoastal Waterway 
Miles 925-1005 (WAMS #07301)'' published by Coast Guard Sector Miami in 
2018.

SEC. 517. ASSISTANCE RELATED TO MARINE MAMMALS.

    (a) Maritime Environmental and Technical Assistance Program.--
Section 50307(b) of title 46, United States Code, is amended--
            (1) in paragraph (1)(D) by striking ``and'' at the end;
            (2) in paragraph (2) by striking the period and insert ``; 
        and''; and
            (3) by adding at the end the following:
            ``(3) technologies that quantifiably reduce underwater 
        noise from marine vessels, including noise produced incidental 
        to the propulsion of marine vessels.''.
    (b) Assistance to Reduce Impacts of Vessel Strikes and Noise on 
Marine Mammals.--
            (1) In general.--Chapter 541 of title 46, United States 
        Code, is amended by adding at the end the following:
``Sec. 54102. Assistance to reduce impacts of vessel strikes and noise 
              on marine mammals
    ``(a) In General.--The Administrator of the Maritime 
Administration, in coordination with the Secretary of the department in 
which the Coast Guard is operating, may make grants to, or enter into 
contracts or cooperative agreements with, academic, public, private, 
and nongovernmental entities to develop and implement mitigation 
measures that will lead to a quantifiable reduction in--
            ``(1) impacts to marine mammals from vessels; and
            ``(2) underwater noise from vessels, including noise 
        produced incidental to the propulsion of vessels.
    ``(b) Eligible Use.--Assistance under this section may be used to 
develop, assess, and carry out activities that reduce threats to marine 
mammals by--
            ``(1) reducing--
                    ``(A) stressors related to vessel traffic; and
                    ``(B) vessel strike mortality, and serious injury; 
                or
            ``(2) monitoring--
                    ``(A) sound; and
                    ``(B) vessel interactions with marine mammals.
    ``(c) Priority.--The Administrator shall prioritize assistance 
under this section for projects that--
            ``(1) is based on the best available science on methods to 
        reduce threats related to vessels traffic;
            ``(2) collect data on the reduction of such threats;
            ``(3) reduce--
                    ``(A) disturbances from vessel presence;
                    ``(B) mortality risk; or
                    ``(C) serious injury from vessel strikes; or
            ``(4) conduct risk assessments, or tracks progress toward 
        threat reduction.
    ``(d) Briefing.--The Administrator shall provide to the Committee 
on Transportation and Infrastructure of the House of Representatives, 
and the Committee on Commerce, Science, and Transportation of the 
Senate, an annual briefing that includes the following:
            ``(1) The name and location of each entity receiving a 
        grant under this section.
            ``(2) The amount of each such grant.
            ``(3) A description of the activities carried out with 
        assistance provided under this section.
            ``(4) An estimate of the impact that a project carried out 
        with such assistance has on the reduction of threats to marine 
        mammals.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section $10,000,000 
for each of fiscal years 2022 through 2026, to remain available until 
expended.''.
            (2) Clerical amendment.--The analysis for chapter 541 of 
        title 46, United States Code, is amended by adding at the end 
        the following:

``54102. Assistance to reduce impacts of vessel strikes and noise on 
                            marine mammals.''.
    (c) Near Real-time Monitoring and Mitigation Program for Large 
Whales.--
            (1) In general.--Part of A of subtitle V of title 46, 
        United States Code, is amended by adding at the end the 
        following:

                ``CHAPTER 507--MONITORING AND MITIGATION

``Sec.
``50701. Near real-time monitoring and mitigation program for large 
                            whales.
``50702. Pilot project.
``Sec. 50701. Near real-time monitoring and mitigation program for 
              large whales
    ``(a) Establishment.--The Administrator of the Maritime 
Administration, in consultation with the Commandant of the Coast Guard, 
shall design and deploy a near real-time large whale monitoring and 
mitigation program (in this section referred to as the Program) 
informed by the technologies, monitoring methods, and mitigation 
protocols developed pursuant to the pilot program required under 
section 50702.
    ``(b) Purpose.--The purpose of the Program will be to reduce the 
risk to large whales of vessel collisions and to minimize other 
impacts.
    ``(c) Requirements.--In designing and deploying the Program, the 
Administrator shall--
            ``(1) prioritize species of large whales for which vessel 
        collision impacts are of particular concern;
            ``(2) prioritize areas where such vessel impacts are of 
        particular concern;
            ``(3) develop technologies capable of detecting and 
        alerting individuals and enforcement agencies of the probable 
        location of large whales on a near real-time basis, to include 
        real time data whenever possible;
            ``(4) inform sector-specific mitigation protocols to 
        effectively reduce takes of large whales; and
            ``(5) integrate technology improvements as such 
        improvements become available.
    ``(d) Authority.--The Administrator may make grants or enter into 
and contracts, leases, 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.
``Sec. 50702. Pilot project
    ``(a) Establishment.--The Administrator of the Maritime 
Administration shall carry out a pilot monitoring and mitigation 
project for North Atlantic right whales (in this section referred to as 
the `Pilot Program') for purposes of informing a cost-effective, 
efficient, and results-oriented near real-time monitoring and 
mitigation program for large whales under 50701.
    ``(b) Pilot Project Requirements.--In carrying out the pilot 
program, the Administrator, in coordination with the Commandant of the 
Coast Guard, using best available scientific information, shall 
identify and ensure coverage of--
            ``(1) core foraging habitats of North Atlantic right 
        whales, including--
                    ``(A) the South of the Islands core foraging 
                habitat;
                    ``(B) the Cape Cod Bay Area core foraging habitat;
                    ``(C) the Great South Channel core foraging 
                habitat; and
                    ``(D) the Gulf of Maine; and
            ``(2) important feeding, breeding, calving, rearing, or 
        migratory habitats of North Atlantic right whales that co-occur 
        with areas of high risk of mortality, serious injury, or other 
        impacts to such whales, including from vessels or vessel 
        strikes.
    ``(c) Pilot Project Components.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of the Don Young Coast Guard Authorization Act of 
        2022, the Administrator, in consultation with the Commandant, 
        Tribal governments, and with input from affected stakeholders, 
        shall design and deploy a near real-time monitoring system for 
        North Atlantic right whales that--
                    ``(A) comprises the best available detection and 
                survey technologies to detect North Atlantic right 
                whales within core foraging habitats;
                    ``(B) uses dynamic habitat suitability models to 
                inform the likelihood of North Atlantic right whale 
                occurrence in core foraging habitat at any given time;
                    ``(C) coordinates with the Integrated Ocean 
                Observing System and Coast Guard vessel traffic service 
                centers, and may coordinate with Regional Ocean 
                Partnerships to leverage monitoring assets;
                    ``(D) integrates historical data;
                    ``(E) integrates new near real-time monitoring 
                methods and technologies as they become available;
                    ``(F) accurately verifies and rapidly communicates 
                detection data;
                    ``(G) creates standards for allowing ocean users to 
                contribute data to the monitoring system using 
                comparable near real-time monitoring methods and 
                technologies; and
                    ``(H) communicates the risks of injury to large 
                whales to ocean users in a way that is most likely to 
                result in informed decision making regarding the 
                mitigation of those risks.
            ``(2) National security considerations.--All monitoring 
        methods, technologies, and protocols under this section shall 
        be consistent with national security considerations and 
        interests.
            ``(3) Access to data.--The Administrator shall provide 
        access to data generated by the monitoring system deployed 
        under paragraph (1) for purposes of scientific research and 
        evaluation, and public awareness and education, including 
        through the NOAA Right Whale Sighting Advisory System and 
        WhaleMap or other successive public web portals, subject to 
        review for national security considerations.
    ``(d) Mitigation Protocols.--The Administrator, in consultation 
with the Commandant, and with input from affected stakeholders, develop 
and deploy mitigation protocols that make use of the near real-time 
monitoring system deployed under subsection (c) to direct sector-
specific mitigation measures that avoid and significantly reduce risk 
of serious injury and mortality to North Atlantic right whales.
    ``(e) Reporting.--
            ``(1) Preliminary report.--Not later than 2 years after the 
        date of the enactment of the Don Young Coast Guard 
        Authorization Act of 2022, the Administrator, in consultation 
        with the Commandant, shall submit to the appropriate 
        Congressional Committees and make available to the public a 
        preliminary report which shall include--
                    ``(A) a description of the monitoring methods and 
                technology in use or planned for deployment;
                    ``(B) analyses of the efficacy of the methods and 
                technology in use or planned for deployment for 
                detecting North Atlantic right whales;
                    ``(C) how the monitoring system is directly 
                informing and improving North American right whale 
                management, health, and survival;
                    ``(D) a prioritized identification of technology or 
                research gaps;
                    ``(E) a plan to communicate the risks of injury to 
                large whales to ocean users in a way that is most 
                likely to result in informed decision making regarding 
                the mitigation of those risks; and
                    ``(F) additional information, as appropriate.
            ``(2) Final report.--Not later than 6 years after the date 
        of the enactment of the Don Young Coast Guard Authorization Act 
        of 2022, the Administrator, in consultation with the 
        Commandant, shall submit to the appropriate congressional 
        committees and make available to the public a final report, 
        addressing the components in subparagraph (A) and including--
                    ``(A) an assessment of the benefits and efficacy of 
                the near real-time monitoring and mitigation program;
                    ``(B) a strategic plan to expand the pilot program 
                to provide near real-time monitoring and mitigation 
                measures;
                            ``(i) to additional large whale species of 
                        concern for which such measures would reduce 
                        risk of serious injury or death; and
                            ``(ii) in important feeding, breeding, 
                        calving, rearing, or migratory habitats of 
                        whales that co-occur with areas of high risk of 
                        mortality or serious injury of such whales from 
                        vessel strikes or disturbance;
                    ``(C) a prioritized plan for acquisition, 
                deployment, and maintenance of monitoring technologies;
                    ``(D) the locations or species for which the plan 
                would apply; and
                    ``(E) a budget and description of funds necessary 
                to carry out the strategic plan.
    ``(f) Additional Authority.--The Administrator may make grants 
enter into contracts, leases, 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.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section $17,000,000 
for each of fiscal years 2022 through 2026.
    ``(h) Definitions.--In this section and section 50701:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the Committee 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
            ``(2) Core foraging habitats.--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.
            ``(3) Near real-time.--The term `near real-time' means 
        detected activity that is visual, acoustic, or in any other 
        form, of North Atlantic right whales that are transmitted and 
        reported as soon as technically feasible after such detected 
        activity has occurred.
            ``(4) Large whale.--The term `large whale' means all 
        Mysticeti species and species within the genera Physeter and 
        Orcinus.''.
            (2) Clerical amendment.--The table of chapters for subtitle 
        V of title 46, United States Code is amended by adding after 
        the item related to chapter 505 the following:

``507. Monitoring and Mitigation............................   50701''.

SEC. 518. MANNING AND CREWING REQUIREMENTS FOR CERTAIN VESSELS, 
              VEHICLES, AND STRUCTURES.

    (a) Authorization of Limited Exemptions From Manning and Crew 
Requirement.--Chapter 81 of title 46, United States Code, is amended by 
adding at the end the following:
``Sec. 8108. Exemptions from manning and crew requirements
    ``(a) In General.--The Secretary may provide an exemption described 
in subsection (b) to the owner or operator of a covered facility if 
each individual who is manning or crewing the covered facility is--
            ``(1) a citizen of the United States;
            ``(2) an alien lawfully admitted to the United States for 
        permanent residence; or
            ``(3) a citizen of the nation under the laws of which the 
        vessel is documented.
    ``(b) Requirements for Eligibility for Exemption.--An exemption 
under this subsection is an exemption from the regulations established 
pursuant to section 30(a)(3) of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1356(a)(3)).
    ``(c) Limitations.--An exemption under this section--
            ``(1) shall provide that the number of individuals manning 
        or crewing the covered facility who are described in paragraphs 
        (2) and (3) of subsection (a) may not exceed two and one- half 
        times the number of individuals required to man or crew the 
        covered facility under the laws of the nation under the laws of 
        which the covered facility is documented; and
            ``(2) shall be effective for not more than 12 months, but 
        may be renewed by application to and approval by the Secretary.
    ``(d) Application.--To be eligible for an exemption or a renewal of 
an exemption under this section, the owner or operator of a covered 
facility shall apply to the Secretary with an application that includes 
a sworn statement by the applicant of all information required for the 
issuance of the exemption.
    ``(e) Revocation.--
            ``(1) In general.--The Secretary--
                    ``(A) may revoke an exemption for a covered 
                facility under this section if the Secretary determines 
                that information provided in the application for the 
                exemption was false or incomplete, or is no longer true 
                or complete; and
                    ``(B) shall immediately revoke such an exemption if 
                the Secretary determines that the covered facility, in 
                the effective period of the exemption, was manned or 
                crewed in a manner not authorized by the exemption.
            ``(2) Notice required.--The Secretary shall provides notice 
        of a determination under subparagraph (A) or (B) of paragraph 
        (1) to the owner or operator of the covered facility.
    ``(f) Review of Compliance.--The Secretary shall periodically, but 
not less than once annually, inspect each covered facility that 
operates under an exemption under this section to verify the owner or 
operator of the covered facility's compliance with the exemption. 
During an inspection under this subsection, the Secretary shall require 
all crew members serving under the exemption to hold a valid 
transportation security card issued under section 70105.
    ``(g) Penalty.--In addition to revocation under subsection (e), the 
Secretary may impose on the owner or operator of a covered facility a 
civil penalty of $10,000 per day for each day the covered facility--
            ``(1) is manned or crewed in violation of an exemption 
        under this subsection; or
            ``(2) operated under an exemption under this subsection 
        that the Secretary determines was not validly obtained.
    ``(h) Notification of Secretary of State.--The Secretary shall 
notify the Secretary of State of each exemption issued under this 
section, including the effective period of the exemption.
    ``(i) Definitions.--In this section:
            ``(1) Covered facility.--The term `covered facility' means 
        any vessel, rig, platform, or other vehicle or structure, over 
        50 percent of which is owned by citizens of a foreign nation or 
        with respect to which the citizens of a foreign nation have the 
        right effectively to control, except to the extent and to the 
        degree that the President determines that the government of 
        such foreign nation or any of its political subdivisions has 
        implemented, by statute, regulation, policy, or practice, a 
        national manning requirement for equipment engaged in the 
        exploring for, developing, or producing resources, including 
        non-mineral energy resources in its offshore areas.
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of the department in which the Coast Guard is operating.''.
    (b) Annual Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        shall submit to Congress a report containing information on 
        each letter of nonapplicability of section 8109 of title 46, 
        United States Code, with respect to a covered facility that was 
        issued by the Secretary during the preceding year.
            (2) Contents.--The report under paragraph (1) shall 
        include, for each covered facility--
                    (A) the name and International Maritime 
                Organization number;
                    (B) the nation in which the covered facility is 
                documented;
                    (C) the nationality of owner or owners; and
                    (D) for any covered facility that was previously 
                issued a letter of nonapplicability in a prior year, 
                any changes in the information described in 
                subparagraphs (A) through (C).
    (c) Regulations.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall promulgate regulations that 
specify the documentary and other requirements for the issuance of an 
exemption under the amendment made by this section.
    (d) Existing Exemptions.--
            (1) Effect of amendments; termination.--Each exemption 
        under section 30(c)(2) of the Outer Continental Shelf Lands Act 
        (43 U.S.C. 1356(c)(2)) issued before the date of the enactment 
        of this Act--
                    (A) shall not be affected by the amendments made by 
                this section during the 120-day period beginning on the 
                date of the enactment of this Act; and
                    (B) shall not be effective after such period.
            (2) Notification of holders.--Not later than 60 days after 
        the date of the enactment of this Act, the Secretary shall 
        notify all persons that hold such an exemption that it will 
        expire as provided in paragraph (1).
    (e) Clerical Amendment.--The analysis for chapter 81 of the title 
46, United States Code, is amended by adding at the end the following:

``8108. Exemptions from manning and crew requirements.''.

 TITLE VI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE

SEC. 601. DEFINITIONS.

    (a) In General.--Section 2101 of title 46, United States Code, is 
amended--
            (1) by redesignating paragraphs (45) through (54) as 
        paragraphs (47) through (56), respectively; and
            (2) by inserting after paragraph (44) the following:
            ``(45) `sexual assault' means any form of abuse or contact 
        as defined in chapter 109A of title 18, or a substantially 
        similar State, local, or Tribal offense.
            ``(46) `sexual harassment' means--
                    ``(A) conduct that--
                            ``(i) involves unwelcome sexual advances, 
                        requests for sexual favors, or deliberate or 
                        repeated offensive comments or gestures of a 
                        sexual nature if any--
                                    ``(I) submission to such conduct is 
                                made either explicitly or implicitly a 
                                term or condition of employment, pay, 
                                career, benefits, or entitlements of 
                                the individual;
                                    ``(II) submission to, or rejection, 
                                of such conduct by an individual is 
                                used as a basis for decisions affecting 
                                that individual's job, pay, career, 
                                benefits, or entitlements;
                                    ``(III) such conduct has the 
                                purpose or effect of unreasonably 
                                interfering with an individual's work 
                                performance or creates an intimidating, 
                                hostile, or offensive work environment; 
                                or
                                    ``(IV) conduct may have been by an 
                                individual's supervisor, a supervisor 
                                in another area, a co-worker, or 
                                another credentialed mariner; and
                            ``(ii) is so severe or pervasive that a 
                        reasonable person would perceive, and the 
                        victim does perceive, the environment as 
                        hostile or offensive;
                    ``(B) any use or condonation associated with first-
                hand or personal knowledge, by any individual in a 
                supervisory or command position, of any form of sexual 
                behavior to control, influence, or affect the career, 
                pay, benefits, entitlements, or employment of a 
                subordinate; and
                    ``(C) any deliberate or repeated unwelcome verbal 
                comment or gesture of a sexual nature by any fellow 
                employee of the complainant.''.
    (b) Report.--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 describing any changes the 
Commandant may propose to the definitions added by the amendments in 
subsection (a).

SEC. 602. CONVICTED SEX OFFENDER AS GROUNDS FOR DENIAL.

    (a) In General.--Chapter 75 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 7511. Convicted sex offender as grounds for denial
    ``(a) Sexual Abuse.--A license, certificate of registry, or 
merchant mariner's document authorized to be issued under this part 
shall be denied to an individual who has been convicted of a sexual 
offense prohibited under chapter 109A of title 18, except for 
subsection (b) of section 2244 of title 18, or a substantially similar 
State, local, or Tribal offense.
    ``(b) Abusive Sexual Contact.--A license, certificate of registry, 
or merchant mariner's document authorized to be issued under this part 
may be denied to an individual who within 5 years before applying for 
the license, certificate, or document, has been convicted of a sexual 
offense prohibited under subsection (b) of section 2244 of title 18, or 
a substantially similar State, local, or Tribal offense.''.
    (b) Clerical Amendment.--The analysis for chapter 75 of title 46, 
United States Code, is amended by adding at the end the following:

``7511. Convicted sex offender as grounds for denial.''.

SEC. 603. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR SUSPENSION 
              OR REVOCATION.

    (a) In General.--Chapter 77 of title 46, United States Code, is 
amended by inserting after section 7704 the following:
``Sec. 7704a. Sexual harassment or sexual assault as grounds for 
              suspension or revocation
    ``(a) Sexual Harassment.--If it is shown at a hearing under this 
chapter that a holder of a license, certificate of registry, or 
merchant mariner's document issued under this part, within 5 years 
before the beginning of the suspension and revocation proceedings, is 
the subject of an official finding of sexual harassment, then the 
license, certificate of registry, or merchant mariner's document may be 
suspended or revoked.
    ``(b) Sexual Assault.--If it is shown at a hearing under this 
chapter that a holder of a license, certificate of registry, or 
merchant mariner's document issued under this part, within 10 years 
before the beginning of the suspension and revocation proceedings, is 
the subject of an official finding of sexual assault, then the license, 
certificate of registry, or merchant mariner's document shall be 
revoked.
    ``(c) Official Finding.--
            ``(1) In general.--In this section, the term `official 
        finding' means--
                    ``(A) a legal proceeding or agency finding or 
                decision that determines the individual committed 
                sexual harassment or sexual assault in violation of any 
                Federal, State, local, or Tribal law or regulation; or
                    ``(B) a determination after an investigation by the 
                Coast Guard that, by a preponderance of the evidence, 
                the individual committed sexual harassment or sexual 
                assault if the investigation affords appropriate due 
                process rights to the subject of the investigation.
            ``(2) Investigation by the coast guard.--An investigation 
        by the Coast Guard under paragraph (1)(B) shall include, at a 
        minimum, evaluation of the following materials that, upon 
        request, shall be provided to the Coast Guard:
                    ``(A) Any inquiry or determination made by the 
                employer or former employer of the individual as to 
                whether the individual committed sexual harassment or 
                sexual assault.
                    ``(B) Any investigative materials, documents, 
                records, or files in the possession of an employer or 
                former employer of the individual that are related to 
                the claim of sexual harassment or sexual assault by the 
                individual.
            ``(3) Administrative law judge review.--
                    ``(A) Coast guard investigation.--A determination 
                under paragraph (1)(B) shall be reviewed and affirmed 
                by an administrative law judge within the same 
                proceeding as any suspension or revocation of a 
                license, certificate of registry, or merchant mariner's 
                document under subsection (a) or (b).
                    ``(B) Legal proceeding.--A determination under 
                paragraph (1)(A) that an individual committed sexual 
                harassment or sexual assault is conclusive in 
                suspension and revocation proceedings.''.
    (b) Clerical Amendment.--The chapter analysis of chapter 77 of 
title 46, United States Code, is amended by inserting after the item 
relating to section 7704 the following:

``7704a. Sexual harassment or sexual assault as grounds for suspension 
                            or revocation.''.

SEC. 604. ACCOMMODATION; NOTICES.

    Section 11101 of title 46, United States Code, is amended--
            (1) in subsection (a)(3), by striking ``and'' at the end;
            (2) in subsection (a)(4), by striking the period at the end 
        and inserting ``; and'';
            (3) in subsection (a), by adding at the end the following:
            ``(5) each crew berthing area shall be equipped with 
        information regarding--
                    ``(A) vessel owner or company policies prohibiting 
                sexual assault and sexual harassment, retaliation, and 
                drug and alcohol usage; and
                    ``(B) procedures and resources to report crimes, 
                including sexual assault and sexual harassment, 
                including information--
                            ``(i) on the contact information, website 
                        address, and mobile application to the Coast 
                        Guard Investigative Services for reporting of 
                        crimes and the Coast Guard National Command 
                        Center;
                            ``(ii) on vessel owner or company 
                        procedures to report violations of company 
                        policy and access resources;
                            ``(iii) on resources provided by outside 
                        organizations such as sexual assault hotlines 
                        and counseling;
                            ``(iv) on the retention period for 
                        surveillance video recording after an incident 
                        of sexual harassment or sexual assault is 
                        reported; and
                            ``(v) additional items specified in 
                        regulations issued by, and at the discretion 
                        of, the Secretary of the department in which 
                        the Coast Guard is operating.''; and
            (4) in subsection (d), by adding at the end the following: 
        ``In each washing space in a visible location there shall be 
        information regarding procedures and resources to report crimes 
        upon the vessel, including sexual assault and sexual 
        harassment, and vessel owner or company policies prohibiting 
        sexual assault and sexual harassment, retaliation, and drug and 
        alcohol usage.''.

SEC. 605. PROTECTION AGAINST DISCRIMINATION.

    Section 2114(a)(1) of title 46, United States Code, is amended--
            (1) by redesignating subparagraphs (B) through (G) as 
        subparagraphs (C) through (H), respectively; and
            (2) by inserting after subparagraph (A) the following:
            ``(B) the seaman in good faith has reported or is about to 
        report to the vessel owner, Coast Guard or other appropriate 
        Federal agency or department sexual harassment or sexual 
        assault against the seaman or knowledge of sexual harassment or 
        sexual assault against another seaman;''.

SEC. 606. ALCOHOL PROHIBITION.

    (a) Regulations.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of the department in which 
        the Coast Guard is operating shall, taking into account the 
        safety and security of every individual on documented vessels, 
        issue such regulations as are necessary relating to alcohol 
        consumption on documented vessels, according to the following 
        requirements:
                    (A) The Secretary shall determine safe levels of 
                alcohol consumption by crewmembers aboard documented 
                vessels engaged in commercial service.
                    (B) If the Secretary determines there is no alcohol 
                policy that can be implemented to ensure a safe 
                environment for crew and passengers, the Secretary 
                shall implement a prohibition on possession and 
                consumption of alcohol by crewmembers while aboard a 
                vessel, except when possession is associated with the 
                commercial sale or gift to non-crew members aboard the 
                vessel.
                    (C) To the extent a policy establishes safe levels 
                of alcohol consumption in accordance with subparagraph 
                (A), such policy shall not supersede a vessel owner's 
                discretion to further limit or prohibit alcohol on its 
                vessels.
            (2) Immunity from civil liability.--Any crewmember who 
        reports an incident of sexual assault or sexual harassment that 
        is directly related to a violation of the regulations issued 
        under paragraph (1) is immune from civil liability for any 
        related violation of such regulations.

SEC. 607. SURVEILLANCE REQUIREMENTS.

    (a) In General.--Part B of subtitle II of title 46, United States 
Code, is amended by adding at the end the following:

       ``CHAPTER 49--OCEANGOING NON-PASSENGER COMMERCIAL VESSELS

``Sec.
``4901. Surveillance requirements.
``Sec. 4901. Surveillance requirements
    ``(a) In General.--A vessel engaged in commercial service that does 
not carry passengers, shall maintain a video surveillance system.
    ``(b) Applicability.--The requirements in this section shall apply 
to--
            ``(1) documented vessels with overnight accommodations for 
        at least 10 persons on board--
                    ``(A) is on a voyage of at least 600 miles and 
                crosses seaward of the Boundary Line; or
                    ``(B) is at least 24 meters (79 feet) in overall 
                length and required to have a load line under chapter 
                51;
            ``(2) documented vessels of at least 500 gross tons as 
        measured under section 14502, or an alternate tonnage measured 
        under section 14302 as prescribed by the Secretary under 
        section 14104 on an international voyage; and
            ``(3) vessels with overnight accommodations for at least 10 
        persons on board that are operating for no less than 72 hours 
        on waters superjacent to the Outer Continental Shelf.
    ``(c) Placement of Video and Audio Surveillance Equipment.--
            ``(1) In general.--The owner of a vessel to which this 
        section applies shall install video and audio surveillance 
        equipment aboard the vessel not later than 2 years after 
        enactment of the Don Young Coast Guard Authorization Act of 
        2022, or during the next scheduled drydock, whichever is later.
            ``(2) Locations.--Video and audio surveillance equipment 
        shall be placed in passageways on to which doors from 
        staterooms open. Such equipment shall be placed in a manner 
        ensuring the visibility of every door in each such passageway.
    ``(d) Notice of Video and Audio Surveillance.--The owner of a 
vessel to which this section applies shall provide clear and 
conspicuous signs on board the vessel notifying the crew of the 
presence of video and audio surveillance equipment.
    ``(e) Access to Video and Audio Records.--
            ``(1) In general.--The owner of a vessel to which this 
        section applies shall provide to any Federal, state, or other 
        law enforcement official performing official duties in the 
        course and scope of a criminal or marine safety investigation, 
        upon request, a copy of all records of video and audio 
        surveillance that the official believes is relevant to the 
        investigation.
            ``(2) Civil actions.--Except as proscribed by law 
        enforcement authorities or court order, the owner of a vessel 
        to which this section applies shall, upon written request, 
        provide to any individual or the individual's legal 
        representative a copy of all records of video and audio 
        surveillance--
                    ``(A) in which the individual is a subject of the 
                video and audio surveillance;
                    ``(B) the request is in conjunction with a legal 
                proceeding or investigation; and
                    ``(C) that may provide evidence of any sexual 
                harassment or sexual assault incident in a civil 
                action.
            ``(3) Limited access.--The owner of a vessel to which this 
        section applies shall ensure that access to records of video 
        and audio surveillance is limited to the purposes described in 
        this paragraph and not used as part of a labor action against a 
        crew member or employment dispute unless used in a criminal or 
        civil action.
    ``(f) Retention Requirements.--The owner of a vessel to which this 
section applies shall retain all records of audio and video 
surveillance for not less than 150 days after the footage is obtained. 
Any video and audio surveillance found to be associated with an alleged 
incident should be preserved for not less than 4 years from the date of 
the alleged incident. The Federal Bureau of Investigation and the Coast 
Guard are authorized access to all records of video and audio 
surveillance relevant to an investigation into criminal conduct.
    ``(g) Definition.--In this section, the term `owner' means the 
owner, charterer, managing operator, master, or other individual in 
charge of a vessel.
    ``(h) Exemption.--Fishing vessels, fish processing vessels, and 
fish tender vessels are exempt from this section.''.
    (b) Clerical Amendment.--The table of chapters for subtitle II of 
title 46, United States Code, is amended by adding after the item 
related to chapter 47 the following:

``49. Oceangoing Non-Passenger Commercial Vessels...........    4901''.

SEC. 608. MASTER KEY CONTROL.

    (a) In General.--Chapter 31 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 3106. Master key control system
    ``(a) In General.--The owner of a vessel subject to inspection 
under section 3301 shall--
            ``(1) ensure that such vessel is equipped with a vessel 
        master key control system, manual or electronic, which provides 
        controlled access to all copies of the vessel's master key of 
        which access shall only be available to the individuals 
        described in paragraph (2);
            ``(2) establish a list of all crew, identified by position, 
        allowed to access and use the master key and maintain such list 
        upon the vessel, within owner records and included in the 
        vessel safety management system;
            ``(3) record in a log book information on all access and 
        use of the vessel's master key, including--
                    ``(A) dates and times of access;
                    ``(B) the room or location accessed; and
                    ``(C) the name and rank of the crew member that 
                used the master key; and
            ``(4) make the list under paragraph (2) and the log book 
        under paragraph (3) available upon request to any agent of the 
        Federal Bureau of Investigation, any member of the Coast Guard, 
        and any law enforcement officer performing official duties in 
        the course and scope of an investigation.
    ``(b) Prohibited Use.--Crew not included on the list described in 
subsection (a)(2) shall not have access to or use the master key unless 
in an emergency and shall immediately notify the master and owner of 
the vessel following use of such key.
    ``(c) Requirements for Log Book.--The log book described in 
subsection (a)(3) and required to be included in a safety management 
system under section 3203(a)(6)--
            ``(1) may be electronic; and
            ``(2) shall be located in a centralized location that is 
        readily accessible to law enforcement personnel.
    ``(d) Penalty.--Any crew member who uses the master key without 
having been granted access pursuant to subsection (a)(2) shall be 
liable to the United States Government for a civil penalty of not more 
than $1,000 and may be subject to suspension or revocation under 
section 7703.
    ``(e) Exemption.--This section shall not apply to vessels subject 
to section 3507(f).''.
    (b) Clerical Amendment.--The analysis for chapter 31 of title 46, 
United States Code, is amended by adding at the end the following:

``3106. Master key control system.''.

SEC. 609. SAFETY MANAGEMENT SYSTEMS.

    Section 3203 of title 46, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (5) and (6) as 
                paragraphs (7) and (8); and
                    (B) by inserting after paragraph (4) the following:
            ``(5) with respect to sexual harassment and sexual assault, 
        procedures for, and annual training requirements for all 
        shipboard personnel on--
                    ``(A) prevention;
                    ``(B) bystander intervention;
                    ``(C) reporting;
                    ``(D) response; and
                    ``(E) investigation;
            ``(6) the log book required under section 3106;'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (3) by inserting after subsection (a) the following:
    ``(b) Procedures and Training Requirements.--In prescribing 
regulations for the procedures and training requirements described in 
subsection (a)(5), such procedures and requirements shall be consistent 
with the requirements to report sexual harassment or sexual assault 
under section 10104.''.

SEC. 610. REQUIREMENT TO REPORT SEXUAL ASSAULT AND HARASSMENT.

    Section 10104 of title 46, United States Code, is amended by 
striking subsections (a) and (b) and inserting the following:
    ``(a) Mandatory Reporting by Crew Member.--
            ``(1) In general.--A crew member of a documented vessel 
        shall report to the Secretary any complaint or incident of 
        sexual harassment or sexual assault of which the crewmember has 
        first-hand or personal knowledge.
            ``(2) Penalty.--A crew member with first-hand or personal 
        knowledge of a sexual assault or sexual harassment incident on 
        a documented vessel who knowingly fails to report in compliance 
        with paragraph (a)(1) is liable to the United States Government 
        for a civil penalty of not more than $5,000.
            ``(3) Amnesty.--A crew member who fails to make the 
        required reporting under paragraph (1) shall not be subject to 
        the penalty described in paragraph (2) if--
                    ``(A) the crew member is the victim of such sexual 
                assault or sexual harassment incident;
                    ``(B) the complaint is shared in confidence with 
                the crew member directly from the victim; or
                    ``(C) the crew member is a victim advocate as 
                defined in section 40002(a) of the Violent Crime 
                Control and Law Enforcement Act of 1994 (34 U.S.C. 
                12291(a)).
    ``(b) Mandatory Reporting by Vessel Owner.--
            ``(1) In general.--A vessel owner or managing operator of a 
        documented vessel or the employer of a seafarer on that vessel 
        shall report to the Secretary any complaint or incident of 
        harassment, sexual harassment, or sexual assault in violation 
        of employer policy or law, of which such vessel owner or 
        managing operator of a vessel engaged in commercial service, or 
        the employer of the seafarer is made aware. Such reporting 
        shall include results of any investigation into the incident, 
        if applicable, and any action taken against the offending 
        crewmember.
            ``(2) Penalty.--A vessel owner or managing operator of a 
        vessel engaged in commercial service, or the employer of a 
        seafarer on that vessel who knowingly fails to report in 
        compliance with paragraph (1) is liable to the United States 
        Government for a civil penalty of not more than $25,000.
    ``(c) Reporting Procedures.--
            ``(1) Crew member reporting.--A report required under 
        subsection (a)--
                    ``(A) with respect to a crew member, shall be made 
                as soon as practicable, but no later than 10 days after 
                the crew member develops first-hand or personal 
                knowledge of the sexual assault or sexual harassment 
                incident to the Coast Guard National Command Center by 
                the fastest telecommunication channel available; and
                    ``(B) with respect to a master, shall be made 
                immediately after the master develops first-hand or 
                personal knowledge of a sexual assault incident to the 
                Coast Guard National Command Center by the fastest 
                telecommunication channel available.
            ``(2) Vessel owner reporting.--A report required under 
        subsection (b) shall be made immediately after the vessel 
        owner, managing operator, or employer of the seafarer gains 
        knowledge of a sexual assault or sexual harassment incident by 
        the fastest telecommunication channel available, and such 
        report shall be made to the Coast Guard National Command Center 
        and to--
                    ``(A) the nearest Coast Guard Captain of the Port; 
                or
                    ``(B) the appropriate officer or agency of the 
                government of the country in whose waters the incident 
                occurs.
            ``(3) Contents.--A report required under subsections (a) 
        and (b) shall include, to the best of the reporter's 
        knowledge--
                    ``(A) the name, official position or role in 
                relation to the vessel, and contact information of the 
                individual making the report;
                    ``(B) the name and official number of the 
                documented vessel;
                    ``(C) the time and date of the incident;
                    ``(D) the geographic position or location of the 
                vessel when the incident occurred; and
                    ``(E) a brief description of the alleged sexual 
                harassment or sexual assault being reported.
            ``(4) Information collection.--After receipt of the report 
        made under this subsection, the Coast Guard will collect 
        information related to the identity of each alleged victim, 
        alleged perpetrator, and witness through means designed to 
        protect, to the extent practicable, the personal identifiable 
        information of such individuals.
    ``(d) Regulations.--The requirements of this section are effective 
as of the date of enactment of the Don Young Coast Guard Authorization 
Act of 2022. The Secretary may issue additional regulations to 
implement the requirements of this section.''.

SEC. 611. CIVIL ACTIONS FOR PERSONAL INJURY OR DEATH OF SEAMEN.

    (a) Personal Injury to or Death of Seamen.--Section 30104(a) of 
title 46, United States Code, as so designated by section 505(a)(1), is 
amended by inserting ``, including an injury resulting from sexual 
assault or sexual harassment,'' after ``in the course of employment''.
    (b) Time Limit on Bringing Maritime Action.--Section 30106 of title 
46, United States Code, is amended--
            (1) in the section heading by striking ``for personal 
        injury or death'';
            (2) by striking ``Except as otherwise'' and inserting the 
        following:
    ``(a) In General.--Except as otherwise''; and
            (3) by adding at the end the following:
    ``(b) Extension for Sexual Offense.--A civil action under 
subsection (a) arising out of a maritime tort for a claim of sexual 
harassment or sexual assault shall be brought not more than 5 years 
after the cause of action for a claim of sexual harassment or sexual 
assault arose.''.
    (c) Clerical Amendment.--The analysis for chapter 301 of title 46, 
United States Code, is amended by striking the item related to section 
30106 and inserting the following:

``30106. Time limit on bringing maritime action.''.

SEC. 612. ADMINISTRATION OF SEXUAL ASSAULT FORENSIC EXAMINATION KITS.

    (a) In General.--Chapter 5 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 564. Administration of sexual assault forensic examination kits
    ``(a) Requirement.--A Coast Guard vessel that embarks on a covered 
voyage shall be--
            ``(1) equipped with no less than 2 sexual assault and 
        forensic examination kits; and
            ``(2) staffed with at least 1 medical professional 
        qualified and trained to administer such kits.
    ``(b) Covered Voyage Defined.--In this section, the term `covered 
voyage' means a prescheduled voyage of a Coast Guard vessel that, at 
any point during such voyage--
            ``(1) would require the vessel to travel 5 consecutive days 
        or longer at 20 knots per hour to reach a land-based or afloat 
        medical facility; and
            ``(2) aeromedical evacuation will be unavailable during the 
        travel period referenced in paragraph (1).''.
    (b) Clerical Amendment.--The table of sections for chapter 5 of 
title 14, United States Code, is amended by adding at the end the 
following:

``564. Administration of sexual assault forensic examination kits.''.

             TITLE VII--TECHNICAL AND CONFORMING PROVISIONS

SEC. 701. TECHNICAL CORRECTIONS.

    (a) Section 319(b) of title 14, United States Code, is amended by 
striking ``section 331 of the FAA Modernization and Reform Act of 2012 
(49 U.S.C. 40101 note)'' and inserting ``section 44801 of title 49''.
    (b) Section 1156(c) of title 14, United States Code, is amended by 
striking ``section 331 of the FAA Modernization and Reform Act of 2012 
(49 U.S.C. 40101 note)'' and inserting ``section 44801 of title 49''.

SEC. 702. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL TECHNICAL 
              AMENDMENTS.

    (a) In General.--Section 70105 of title 46, United States Code, is 
amended--
            (1) in the section heading by striking ``security cards'' 
        and inserting ``worker identification credentials'';
            (2) by striking ``transportation security card'' each place 
        it appears and inserting ``transportation worker identification 
        credential'';
            (3) by striking ``transportation security cards'' each 
        place it appears and inserting ``transportation worker 
        identification credentials'';
            (4) by striking ``card'' each place it appears and 
        inserting ``credential''
            (5) in the heading for subsection (b) by striking ``Cards'' 
        and inserting ``Credentials'';
            (6) in subsection (g), by striking ``Assistant Secretary of 
        Homeland Security for'' and inserting ``Administrator of'';
            (7) by striking subsection (i) and redesignating 
        subsections (j) and (k) as subsections (i) and (j), 
        respectively;
            (8) by striking subsection (l) and redesignating 
        subsections (m) through (q) as subsections (k) through (o), 
        respectively;
            (9) in subsection (j), as so redesignated--
                    (A) in the subsection heading by striking 
                ``Security Card'' and inserting ``Worker Identification 
                Credential''; and
                    (B) in the heading for paragraph (2) by striking 
                ``security cards'' and inserting ``worker 
                identification credential'';
            (10) in subsection (k)(1), as so redesignated, by striking 
        ``subsection (k)(3)'' and inserting ``subsection (j)(3)''; and
            (11) in subsection (o), as so redesignated--
                    (A) in the subsection heading by striking 
                ``Security Card'' and inserting ``Worker Identification 
                Credential'';
                    (B) in paragraph (1)--
                            (i) by striking ``subsection (k)(3)'' and 
                        inserting ``subsection (j)(3)''; and
                            (ii) by striking ``This plan shall'' and 
                        inserting ``Such receipt and activation 
                        shall''; and
                    (C) in paragraph (2) by striking ``on-site 
                activation capability'' and inserting ``on-site receipt 
                and activation of transportation worker identification 
                credentials''.
    (b) Clerical Amendment.--The analysis for chapter 701 of title 46, 
United States Code, is amended by striking the item related to section 
70105 and inserting the following:

``70105. Transportation worker identification credentials.''.

SEC. 703. REINSTATEMENT.

    (a) Reinstatement.--The text of section 12(a) of the Act of June 
21, 1940 (33 U.S.C. 522(a)), popularly known as the Truman-Hobbs Act, 
is--
            (1) reinstated as it appeared on the day before the date of 
        enactment of section 8507(b) of the William M. (Mac) Thornberry 
        National Defense Authorization Act for Fiscal Year 2021 (Public 
        Law 116-283); and
            (2) redesignated as the sole text of section 12 of the Act 
        of June 21, 1940 (33 U.S.C. 522).
    (b) Effective Date.--The provision reinstated by subsection (a) 
shall be treated as if such section 8507(b) had never taken effect.
    (c) Conforming Amendment.--The provision reinstated under 
subsection (a) is amended by striking ``, except to the extent provided 
in this section''.

SEC. 704. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation for this Act'', submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives March 29, 2022.

            Attest:

                                                                 Clerk.
117th CONGRESS

  2d Session

                               H. R. 6865

_______________________________________________________________________

                                 AN ACT

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