[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4802 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4802
To authorize appropriations for the Coast Guard, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 8, 2022
Ms. Cantwell (for herself, Mr. Wicker, and Ms. Baldwin) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
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 ``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.
Sec. 2. Definition of Commandant.
TITLE I--AUTHORIZATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Authorization for shoreside infrastructure and facilities.
Sec. 104. Authorization for acquisition of vessels.
Sec. 105. Authorization for the childcare subsidy program.
TITLE II--COAST GUARD
Subtitle A--Infrastructure and Assets
Sec. 201. Report on shoreside infrastructure and facilities needs.
Sec. 202. Fleet mix analysis and shore infrastructure investment plan.
Sec. 203. Acquisition life-cycle cost estimates.
Sec. 204. Report and briefing on resourcing strategy for Western
Pacific Region.
Sec. 205. Study and report on national security and drug trafficking
threats in the Florida Straits and
Caribbean region, including Cuba.
Sec. 206. Coast Guard Yard.
Sec. 207. Authority to enter into transactions other than contracts and
grants to procure cost-effective technology
for mission needs.
Sec. 208. Improvements to infrastructure and operations planning.
Subtitle B--Great Lakes
Sec. 211. Great Lakes winter commerce.
Sec. 212. Database on icebreaking operations in the Great Lakes.
Sec. 213. Great Lakes snowmobile acquisition plan.
Sec. 214. Great Lakes barge inspection exemption.
Sec. 215. Study on sufficiency of Coast Guard aviation assets to meet
mission demands.
Subtitle C--Arctic
Sec. 221. Establishment of the Arctic Security Cutter Program Office.
Sec. 222. Arctic activities.
Sec. 223. Study on Arctic operations and infrastructure.
Subtitle D--Maritime Cyber and Artificial Intelligence
Sec. 231. Enhancing maritime cybersecurity.
Sec. 232. Establishment of unmanned system program and autonomous
control and computer vision technology
project.
Sec. 233. Artificial intelligence strategy.
Sec. 234. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 235. Cyber data management.
Sec. 236. Data management.
Sec. 237. Study on cyber threats to the United States marine
transportation system.
Subtitle E--Aviation
Sec. 241. Space-available travel on Coast Guard aircraft: program
authorization and eligible recipients.
Sec. 242. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 243. Study on the operational availability of Coast Guard aircraft
and strategy for Coast Guard aviation.
Subtitle F--Workforce Readiness
Sec. 251. Authorized strength.
Sec. 252. Number and distribution of officers on active duty promotion
list.
Sec. 253. Continuation on active duty of officers with critical skills.
Sec. 254. Career incentive pay for marine inspectors.
Sec. 255. Expansion of the ability for selection board to recommend
officers of particular merit for promotion.
Sec. 256. Pay and allowances for certain members of the Coast Guard
during funding gap.
Sec. 257. Modification to education loan repayment program.
Sec. 258. Retirement of Vice Commandant.
Sec. 259. Report on resignation and retirement processing times and
denial.
Sec. 260. Calculation of active service.
Sec. 261. Physical disability evaluation system procedure review.
Sec. 262. Expansion of authority for multirater assessments of certain
personnel.
Sec. 263. Promotion parity.
Sec. 264. Partnership program to diversify the Coast Guard.
Sec. 265. Expansion of Coast Guard Junior Reserve Officers' Training
Corps.
Sec. 266. Improving representation of women and racial and ethnic
minorities among Coast Guard active-duty
members.
Sec. 267. Strategy to enhance diversity through recruitment and
accession.
Sec. 268. Support for Coast Guard Academy.
Sec. 269. Training for congressional affairs personnel.
Sec. 270. Strategy for retention of cuttermen.
Sec. 271. Study on extremism in the Coast Guard.
Sec. 272. Study on performance of Coast Guard Force Readiness Command.
Sec. 273. Study on frequency of weapons training for Coast Guard
personnel.
Subtitle G--Miscellaneous Provisions
Sec. 281. Budgeting of Coast Guard relating to certain operations.
Sec. 282. Coast Guard assistance to United States Secret Service.
Sec. 283. Conveyance of Coast Guard vessels for public purposes.
Sec. 284. Coast Guard intelligence activities and emergency and
extraordinary expenses.
Sec. 285. Transfer and conveyance.
Sec. 286. Transparency and oversight.
Sec. 287. Study on safety inspection program for containers and
facilities.
TITLE III--ENVIRONMENT
Sec. 301. Definition of Secretary.
Subtitle A--Marine Mammals
Sec. 311. Definitions.
Sec. 312. Assistance to ports to reduce the impacts of vessel traffic
and port operations on marine mammals.
Sec. 313. Near real-time monitoring and mitigation program for large
cetaceans.
Sec. 314. Pilot program to establish a Cetacean Desk for Puget Sound
region.
Sec. 315. Monitoring ocean soundscapes.
Subtitle B--Oil Spills
Sec. 321. Improving oil spill preparedness.
Sec. 322. Western Alaska oil spill planning criteria.
Sec. 323. Accident and incident notification relating to pipelines.
Sec. 324. Coast Guard claims processing costs.
Sec. 325. Calculation of interest on debt owed to the national
pollution fund.
Sec. 326. Per-incident limitation.
Sec. 327. Access to the Oil Spill Liability Trust Fund.
Sec. 328. Cost-reimbursable agreements.
Sec. 329. Oil spill response review.
Sec. 330. Review and report on limited indemnity provisions in standby
oil spill response contracts.
Sec. 331. Additional exceptions to regulations for towing vessels.
Subtitle C--Environmental Compliance
Sec. 341. Review of anchorage regulations.
Sec. 342. Study on impacts on shipping and commercial, Tribal, and
recreational fisheries from the development
of renewable energy on the West Coast.
Subtitle D--Environmental Issues
Sec. 351. Modifications to the Sport Fish Restoration and Boating Trust
Fund administration.
Sec. 352. Improvements to Coast Guard communication with North Pacific
maritime and fishing industry.
Sec. 353. Fishing safety training grants program.
Sec. 354. Load lines.
Subtitle E--Illegal Fishing and Forced Labor Prevention
Sec. 361. Definitions.
Chapter 1--Combating Human Trafficking Through Seafood Import
Monitoring
Sec. 362. Enhancement of Seafood Import Monitoring Program Automated
Commercial Environment Message Set.
Sec. 363. Data sharing and aggregation.
Sec. 364. Import audits.
Sec. 365. Availability of fisheries information.
Sec. 366. Authority to hold fish products.
Sec. 367. Report on Seafood Import Monitoring Program.
Sec. 368. Authorization of appropriations.
Chapter 2--Strengthening International Fisheries Management To Combat
Human Trafficking
Sec. 370. Denial of port privileges.
Sec. 371. Identification and certification criteria.
Sec. 372. Equivalent conservation measures.
Sec. 373. Capacity building in foreign fisheries.
Sec. 374. Training of United States observers.
Sec. 375. Regulations.
TITLE IV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
Sec. 401. Coast Guard child care improvements.
Sec. 402. Armed Forces access to Coast Guard child care facilities.
Sec. 403. Cadet pregnancy policy improvements.
Sec. 404. Pilot program for fertility treatments.
Sec. 405. Combat-related special compensation.
Sec. 406. Restoration of amounts improperly withheld for tax purposes
from severance payments to veterans of the
Coast Guard with combat-related injuries.
Sec. 407. Modification of basic needs allowance for members of the
Coast Guard.
Sec. 408. Study on food security.
Subtitle B--Healthcare
Sec. 421. Development of medical staffing standards for the Coast
Guard.
Sec. 422. Healthcare system review and strategic plan.
Sec. 423. Data collection and access to care.
Sec. 424. Behavioral health policy.
Sec. 425. Members asserting post-traumatic stress disorder or traumatic
brain injury.
Sec. 426. Improvements to the Physical Disability Evaluation System and
transition program.
Sec. 427. Expansion of access to counseling.
Sec. 428. Expansion of postgraduate opportunities for members of the
Coast Guard in medical and related fields.
Sec. 429. Study on Coast Guard telemedicine program.
Sec. 430. Study on Coast Guard medical facilities needs.
Subtitle C--Housing
Sec. 441. Strategy to improve quality of life at remote units.
Sec. 442. Study on Coast Guard housing access, cost, and challenges.
Subtitle D--Other Matters
Sec. 451. Report on availability of emergency supplies for Coast Guard
personnel.
TITLE V--MARITIME
Subtitle A--Vessel Safety
Sec. 501. Abandoned Seafarer Fund amendments.
Sec. 502. Receipts; international agreements for ice patrol services.
Sec. 503. Passenger vessel security and safety requirements.
Sec. 504. At-sea recovery operations pilot program.
Sec. 505. Exoneration and limitation of liability for small passenger
vessels.
Sec. 506. Moratorium on towing vessel inspection user fees.
Sec. 507. Certain historic passenger vessels.
Sec. 508. Coast Guard digital registration.
Sec. 509. Responses to safety recommendations.
Sec. 510. Comptroller General of the United States study and report on
the Coast Guard's oversight of third-party
organizations.
Subtitle B--Other Matters
Sec. 521. Definition of a stateless vessel.
Sec. 522. Report on enforcement of coastwise laws.
Sec. 523. Study on multi-level supply chain security strategy of the
Department of Homeland Security.
Sec. 524. Study to modernize the merchant mariner licensing and
documentation system.
Sec. 525. Study and report on development and maintenance of mariner
records database.
TITLE VI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 601. Definitions.
Sec. 602. Convicted sex offender as grounds for denial.
Sec. 603. Accommodation; notices.
Sec. 604. Protection against discrimination.
Sec. 605. Alcohol at sea.
Sec. 606. Sexual harassment or sexual assault as grounds for suspension
and revocation.
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.
Sec. 613. Reports to Congress.
Sec. 614. Policy on requests for permanent changes of station or unit
transfers by persons who report being the
victim of sexual assault.
Sec. 615. Sex offenses and personnel records.
Sec. 616. Study on Coast Guard oversight and investigations.
Sec. 617. Study on Special Victims' Counsel program.
TITLE VII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration
Commissioned Officer Corps
Sec. 701. Definitions.
Sec. 702. Requirement for appointments.
Sec. 703. Repeal of requirement to promote ensigns after 3 years of
service.
Sec. 704. Authority to provide awards and decorations.
Sec. 705. Retirement and separation.
Sec. 706. Licensure of health-care professionals.
Sec. 707. Improving professional mariner staffing.
Sec. 708. Legal assistance.
Sec. 709. Acquisition of aircraft for extreme weather reconnaissance.
Sec. 710. Report on professional mariner staffing models.
Subtitle B--Other Matters
Sec. 711. Conveyance of certain property of the National Oceanic and
Atmospheric Administration in Juneau,
Alaska.
TITLE VIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 801. Technical corrections.
Sec. 802. Reinstatement.
Sec. 803. Terms and vacancies.
SEC. 2. DEFINITION OF COMMANDANT.
In this Act, the term ``Commandant'' means the Commandant of the
Coast Guard.
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal years 2020 and 2021'' and inserting ``fiscal years
2022 and 2023'';
(2) in paragraph (1)--
(A) in subparagraph (A), by striking clauses (i)
and (ii) and inserting the following:
``(i) $10,000,000,000 for fiscal year 2022;
and
``(ii) $10,750,000,000 for fiscal year
2023.'';
(B) in subparagraph (B), by striking
``$17,035,000'' and inserting ``$23,456,000''; and
(C) in subparagraph (C), by striking ``, (A)(ii)
$17,376,000'' and inserting ``(A)(ii), $24,353,000'';
(3) in paragraph (2)--
(A) in subparagraph (A), by striking clauses (i)
and (ii) and inserting the following:
``(i) $2,459,100,000 for fiscal year 2022;
and
``(ii) $3,477,600,000 for fiscal year
2023.''; and
(B) in subparagraph (B), by striking clauses (i)
and (ii) and inserting the following:
``(i) $20,400,000 for fiscal year 2022; and
``(ii) $20,808,000 for fiscal year 2023.'';
(4) in paragraph (3), by striking subparagraphs (A) and (B)
and inserting the following:
``(A) $7,476,000 for fiscal year 2022; and
``(B) $14,681,084 for fiscal year 2023.''; and
(5) in paragraph (4), by striking subparagraphs (A) and (B)
and inserting the following:
``(A) $240,577,000 for fiscal year 2022; and
``(B) $252,887,000 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), in the matter preceding paragraph
(1), by striking ``fiscal years 2020 and 2021'' and inserting
``fiscal years 2022 and 2023''.
SEC. 103. AUTHORIZATION FOR SHORESIDE INFRASTRUCTURE AND FACILITIES.
(a) In General.--In addition to the amounts authorized to be
appropriated under section 4902(2)(A) of title 14, United States Code,
as amended by section 101 of this Act, for fiscal years 2023 through
2028--
(1) $3,000,000,000 is authorized to fund maintenance, new
construction, and repairs needed for Coast Guard shoreside
infrastructure;
(2) $160,000,000 is authorized to fund phase two of the
recapitalization project at Coast Guard Training Center Cape
May in Cape May, New Jersey, to improve recruitment and
training of a diverse Coast Guard workforce; and
(3) $80,000,000 is authorized for the construction of
additional new childcare development centers not constructed
using funds authorized by the Infrastructure Investment and
Jobs Act (Public Law 117-58; 135 Stat. 429).
(b) Coast Guard Yard Resilient Infrastructure and Construction
Improvement.--In addition to the amounts authorized to be appropriated
under section 4902(2)(A)(ii) of title 14, United States Code, as
amended by section 101 of this Act--
(1) $400,000,000 is authorized for fiscal years 2023
through 2028 for the Secretary of the department in which the
Coast Guard is operating for the purposes of improvements to
facilities of the Yard; and
(2) $236,000,000 is authorized for the acquisition of a new
floating drydock, to remain available until expended.
SEC. 104. AUTHORIZATION FOR ACQUISITION OF VESSELS.
In addition to the amounts authorized to be appropriated under
section 4902(2)(A)(ii) of title 14, United States Code, as amended by
section 101 of this Act, for fiscal years 2023 through 2028--
(1) $350,000,000 is authorized for the acquisition of a
Great Lakes icebreaker that is at least as capable as Coast
Guard cutter Mackinaw (WLBB-30);
(2) $172,500,000 is authorized for the program management,
design, and acquisition of 12 Pacific Northwest heavy weather
boats that are at least as capable as the Coast Guard 52-foot
motor surfboat;
(3) $841,000,000 is authorized for the third Polar Security
Cutter;
(4) $20,000,000 is authorized for initiation of activities
to support acquisition of the Arctic Security Cutter class,
including program planning and requirements development to
include the establishment of an Arctic Security Cutter Program
Office;
(5) $650,000,000 is authorized for the continued
acquisition of Offshore Patrol Cutters; and
(6) $650,000,000 is authorized for a twelfth National
Security Cutter.
SEC. 105. AUTHORIZATION FOR THE CHILDCARE SUBSIDY PROGRAM.
In addition to the amounts authorized to be appropriated under
section 4902(1)(A) of title 14, United States Code, $25,000,000 is
authorized to the Commandant for each of fiscal years 2023 and 2024 for
the childcare subsidy program.
TITLE II--COAST GUARD
Subtitle A--Infrastructure and Assets
SEC. 201. REPORT ON SHORESIDE INFRASTRUCTURE AND FACILITIES NEEDS.
Not less frequently than annually, 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--
(1) a detailed list of shoreside infrastructure needs for
all Coast Guard facilities located within each Coast Guard
District in the order of priority, including recapitalization,
maintenance needs in excess of $25,000, and other shoreside
infrastructure needs of the Coast Guard;
(2) the estimated cost of projects to fulfill such needs,
to the extent available; and
(3) a general description of the state of planning for each
such project.
SEC. 202. FLEET MIX ANALYSIS AND SHORE INFRASTRUCTURE INVESTMENT PLAN.
(a) Fleet Mix Analysis.--
(1) In general.--The Commandant shall conduct an updated
fleet mix analysis that provides for a fleet mix sufficient, as
determined by the Commandant--
(A) to carry out--
(i) the missions of the Coast Guard; and
(ii) emerging mission requirements; and
(B) to address--
(i) national security threats; and
(ii) the global deployment of the Coast
Guard to counter great power competitors.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall submit to Congress
a report on the results of the updated fleet mix analysis
required by paragraph (1).
(b) Shore Infrastructure Investment Plan.--
(1) In general.--The Commandant shall develop an updated
shore infrastructure investment plan that includes--
(A) the construction of additional facilities to
accommodate the updated fleet mix described in
subsection (a)(1);
(B) improvements necessary to ensure that existing
facilities meet requirements and remain operational for
the lifespan of such fleet mix, including necessary
improvements to information technology infrastructure;
(C) a timeline for the construction and improvement
of the facilities described in subparagraphs (A) and
(B); and
(D) a cost estimate for construction and life-cycle
support of such facilities, including for necessary
personnel.
(2) Report.--Not later than 1 year after the date on which
the report under subsection (a)(2) is submitted, the Commandant
shall submit to Congress a report on the plan required by
paragraph (1).
SEC. 203. 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--
``(A) such life-cycle cost estimates to 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, to be developed to
validate such life-cycle cost estimates.''.
SEC. 204. REPORT AND BRIEFING ON RESOURCING STRATEGY FOR WESTERN
PACIFIC REGION.
(a) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commandant, in consultation with
the Coast Guard Commander of the Pacific Area, the Commander of
United States Indo-Pacific Command, and the Under Secretary of
Commerce for Oceans and Atmosphere, 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 outlining the Coast
Guard's resourcing needs to achieve optimum operations in the
Western Pacific region.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) An assessment of the risks and associated
needs--
(i) to United States strategic maritime
interests, in particular such interests in
areas west of the International Date Line,
including risks to bilateral maritime partners
of the United States, posed by not fully
staffing and equipping Coast Guard operations
in the Western Pacific region;
(ii) to the Coast Guard mission and force
posed by not fully staffing and equipping Coast
Guard operations in the Western Pacific region;
and
(iii) to support the call of the President,
as set forth in the Indo-Pacific Strategy, to
expand Coast Guard presence and cooperation in
Southeast Asia, South Asia, and the Pacific
Islands, with a focus on advising, training,
deployment, and capacity-building.
(B) A description of the additional resources,
including shoreside resources, required to fully
implement the needs described in subparagraph (A),
including the United States commitment to bilateral
fisheries law enforcement in the Pacific Ocean.
(C) A description of the operational and personnel
assets required and a dispersal plan for available and
projected future Coast Guard cutters and aviation
forces to conduct optimum operations in the Western
Pacific region.
(D) An analysis with respect to whether a national
security cutter or fast response cutter located at a
United States military installation in a foreign
country in the Western Pacific Region would enhance
United States national security, partner country
capacity building, and prevention and effective
response to illegal, unreported, and unregulated
fishing.
(E) An assessment of the benefits and associated
costs involved in--
(i) increasing staffing of Coast Guard
personnel within the command elements of United
States Indo-Pacific Command or subordinate
commands; and
(ii) designating a Coast Guard patrol force
under the direct authority of the Commander of
the United States Indo-Pacific Command with
associated forward-based assets and personnel.
(F) An identification of any additional authority
necessary, including proposals for legislative change,
to meet the needs identified in accordance with
subparagraphs (A) through (E) and any other mission
requirement in the Western Pacific region.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(b) Briefing.--Not later than 60 days after the date on which the
Commandant submits the report under subsection (a), the Commandant, or
a designated individual, shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
briefing on the findings and conclusions of such report.
SEC. 205. STUDY AND REPORT ON NATIONAL SECURITY AND DRUG TRAFFICKING
THREATS IN THE FLORIDA STRAITS AND CARIBBEAN REGION,
INCLUDING CUBA.
(a) In General.--The Commandant shall conduct a study on national
security, drug trafficking, and other relevant threats as the
Commandant considers appropriate, in the Florida Straits and Caribbean
region, including Cuba.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) An assessment of--
(A) new technology and evasive maneuvers used by
transnational criminal organizations to evade detection
and interdiction by Coast Guard law enforcement units
and interagency partners; and
(B) capability gaps of the Coast Guard with respect
to--
(i) the detection and interdiction of
illicit drugs in the Florida Straits and
Caribbean region, including Cuba; and
(ii) the detection of national security
threats in such region.
(2) An identification of--
(A) the critical technological advancements
required for the Coast Guard to meet current and
anticipated threats in such region;
(B) the capabilities required to enhance
information sharing and coordination between the Coast
Guard and interagency partners, foreign governments,
and related civilian entities; and
(C) any significant new or developing threat to the
United States posed by illicit actors in such region.
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the results of the study under subsection (a).
SEC. 206. COAST GUARD YARD.
(a) In General.--With respect to the Coast Guard Yard, the purposes
of the authorization under section 103(b) are--
(1) to improve resilience and capacity;
(2) to maintain and expand Coast Guard organic
manufacturing capacity;
(3) to expand training and recruitment;
(4) to enhance safety;
(5) to improve environmental compliance; and
(6) to ensure that the Coast Guard Yard is prepared to meet
the growing needs of the modern Coast Guard fleet.
(b) Inclusions.--The Secretary of the department in which the Coast
Guard is operating shall ensure that the Coast Guard Yard receives
improvements that include the following:
(1) Facilities upgrades needed to improve resilience of the
shipyard, its facilities, and associated infrastructure.
(2) Acquisition of a large-capacity drydock.
(3) Improvements to piers and wharves, drydocks, and
capital equipment utilities.
(4) Environmental remediation.
(5) Construction of a new warehouse and paint facility.
(6) Acquisition of a new travel lift.
(7) Dredging necessary to facilitate access to the Coast
Guard Yard.
(c) Workforce Development Plan.--Not later than 180 days after the
date of the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives, a workforce development plan that--
(1) outlines the workforce needs of the Coast Guard Yard
with respect to civilian employees and active duty members of
the Coast Guard, including engineers, individuals engaged in
trades, cyber specialists, and other personnel necessary to
meet the evolving mission set of the Coast Guard Yard; and
(2) includes recommendations for Congress with respect to
the authorities, training, funding, and civilian and active-
duty recruitment, including the recruitment of women and
underrepresented minorities, necessary to meet workforce needs
of the Coast Guard Yard for the 10-year period beginning on the
date of submission of the plan.
SEC. 207. AUTHORITY TO ENTER INTO TRANSACTIONS OTHER THAN CONTRACTS AND
GRANTS TO PROCURE COST-EFFECTIVE TECHNOLOGY FOR MISSION
NEEDS.
(a) In General.--Subchapter III of chapter 11 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 1158. Authority to enter into transactions other than contracts
and grants to procure cost-effective, advanced technology
for mission-critical needs
``(a) In General.--Subject to subsections (b) and (c), the
Commandant may enter into transactions (other than contracts,
cooperative agreements, and grants) to develop prototypes for, and to
operate and procure, cost-effective technology for the purpose of
meeting the mission needs of the Coast Guard.
``(b) Procurement and Acquisition.--Procurement or acquisition of
technologies under subsection (a) shall be--
``(1) carried out in accordance with this title and Coast
Guard policies and guidance; and
``(2) consistent with the operational requirements of the
Coast Guard.
``(c) Limitations.--
``(1) In general.--The Commandant may not enter into a
transaction under subsection (a) with respect to a technology
that--
``(A) does not comply with the cybersecurity
standards of the Coast Guard; or
``(B) is sourced from an entity domiciled in the
People's Republic of China, unless the Commandant
determines that the prototype, operation, or
procurement of such a technology is for the purpose
of--
``(i) counter-UAS operations, surrogate
testing, or training; or
``(ii) intelligence, electronic warfare,
and information warfare operations, testing,
analysis, and training.
``(2) Waiver.--The Commandant may waive the application
under paragraph (1) on a case-by-case basis by certifying in
writing to the Secretary of Homeland Security and the
appropriate committees of Congress that the prototype,
operation, or procurement of the applicable technology is in
the national interests of the United States.
``(d) Education and Training.--The Commandant shall ensure that
management, technical, and contracting personnel of the Coast Guard
involved in the award or administration of transactions under this
section, or other innovative forms of contracting, are provided
opportunities for adequate education and training with respect to the
authority under this section.
``(e) Report.--
``(1) In general.--Not later than 5 years after the date of
the enactment of this section, the Commandant shall submit to
the appropriate committees of Congress a report that--
``(A) describes the use of the authority pursuant
to this section; and
``(B) assesses the mission and operational benefits
of such authority.
``(2) Appropriate committees of congress defined.--In this
subsection, the term `appropriate committees of Congress'
means--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(f) Regulations.--The Commandant shall prescribe regulations as
necessary to carry out this section.
``(g) Definitions of Unmanned Aircraft, Unmanned Aircraft System,
and Counter-UAS.--In this section, the terms `unmanned aircraft',
`unmanned aircraft system', and `counter-UAS' have the meanings given
such terms in section 44801 of title 49, United States Code.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
11 of title 14, United States Code, is amended by adding at the end the
following:
``1158. Authority to enter into transactions other than contracts and
grants to procure cost-effective technology
for mission needs.''.
SEC. 208. IMPROVEMENTS TO INFRASTRUCTURE AND OPERATIONS PLANNING.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall incorporate the most recent
oceanic and atmospheric data relating to the increasing rates of
extreme weather, including flooding, into planning scenarios for Coast
Guard infrastructure and mission deployments with respect to all Coast
Guard Missions.
(b) Coordination With National Oceanic and Atmospheric
Administration.--In carrying out subsection (a), the Commandant shall--
(1) coordinate with the Under Secretary of Commerce for
Oceans and Atmosphere to ensure the incorporation of the most
recent environmental and climatic data; and
(2) request technical assistance and advice from the Under
Secretary in planning scenarios, as appropriate.
(c) Briefing.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall provide to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
briefing on the manner in which the best-available science from the
National Oceanic and Atmospheric Administration has been incorporated
into at least 1 key mission area of the Coast Guard, and the lessons
learned from so doing.
Subtitle B--Great Lakes
SEC. 211. GREAT LAKES WINTER COMMERCE.
(a) In General.--Subchapter IV of chapter 5 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 564. Great Lakes icebreaking operations
``(a) GAO Report.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, 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 the Coast Guard Great Lakes
icebreaking program.
``(2) Elements.--The report required under paragraph (1)
shall include the following:
``(A) An evaluation of the economic impact of
vessel delays or cancellations associated with ice
coverage on the Great Lakes.
``(B) An evaluation of mission needs of the Coast
Guard Great Lakes icebreaking program.
``(C) An evaluation of the impact that the proposed
standards described in subsection (b) would have on--
``(i) Coast Guard operations in the Great
Lakes;
``(ii) Northeast icebreaking missions; and
``(iii) inland waterway operations.
``(D) A fleet mix analysis for meeting such
proposed standards.
``(E) A description of the resources necessary to
support the fleet mix resulting from such fleet mix
analysis, including for crew and operating costs.
``(F) Recommendations to the Commandant for
improvements to the Great Lakes icebreaking program,
including with respect to facilitating commerce and
meeting all Coast Guard mission needs.
``(b) Proposed Standards for Icebreaking Operations.--The proposed
standards described in this subsection are the following:
``(1) Except as provided in paragraph (2), the Commandant
shall keep ice-covered waterways in the Great Lakes open to
navigation during not less than 90 percent of the hours that
commercial vessels and ferries attempt to transit such ice-
covered waterways.
``(2) In a year in which the Great Lakes are not open to
navigation because of ice of a thickness that occurs on average
only once every 10 years, the Commandant shall keep ice-covered
waterways in the Great Lakes open to navigation during not less
than 70 percent of the hours that commercial vessels and
ferries attempt to transit such ice-covered waterways.
``(c) Report by Commandant.--Not later than 90 days after the date
on which the Comptroller General submits the report under subsection
(a), 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:
``(1) A plan for Coast Guard implementation of any
recommendation made by the Comptroller General under
subparagraph (F) of subsection (a)(2) the Commandant considers
appropriate.
``(2) With respect to any recommendation made under such
subparagraph that the Commandant declines to implement, a
justification for such decision.
``(3) A review of, and a proposed implementation plan for,
the results of the fleet mix analysis under subparagraph (D) of
that subsection.
``(4) Any proposed modifications to the standards for
icebreaking operations in the Great Lakes.
``(d) Definitions.--In this section:
``(1) Commercial vessel.--The term `commercial vessel'
means any privately owned cargo vessel operating in the Great
Lakes during the winter season of at least 500 tons, as
measured under section 14502 of title 46, or an alternate
tonnage measured under section 14302 of such title, as
prescribed by the Secretary under section 14104 of such title.
``(2) Great lakes.--The term `Great Lakes' means the United
States waters of Lake Superior, Lake Michigan, Lake Huron, Lake
Erie, and Lake Ontario, their connecting waterways, and their
adjacent harbors.
``(3) Ice-covered waterway.--The term `ice-covered
waterway' means any portion of the Great Lakes in which
commercial vessels 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, in no particular order
of priority--
``(A) to extricate vessels and individuals from
danger;
``(B) to prevent damage due to flooding;
``(C) to meet the reasonable demands of commerce;
``(D) to minimize delays to passenger ferries; and
``(E) to conduct other Coast Guard missions as
required.
``(5) Reasonable demands of commerce.--The term `reasonable
demands of commerce' means the safe movement of commercial
vessels and ferries transiting ice-covered waterways in the
Great Lakes, regardless of type of cargo, at a speed consistent
with the design capability of Coast Guard icebreakers operating
in the Great Lakes and appropriate to the ice capability of the
commercial vessel.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 14,
United States Code, is amended by adding at the end the following:
``564. Great Lakes icebreaking operations.''.
SEC. 212. DATABASE ON ICEBREAKING OPERATIONS IN THE GREAT LAKES.
(a) In General.--The Commandant shall establish and maintain a
database for collecting, archiving, and disseminating data on
icebreaking operations and commercial vessel and ferry transit in the
Great Lakes during ice season.
(b) Elements.--The database required under subsection (a) shall
include the following:
(1) Attempts by commercial vessels and ferries to transit
ice-covered waterways in the Great Lakes that are unsuccessful
because of inadequate icebreaking.
(2) The period of time that each commercial vessel or ferry
was unsuccessful at so transiting due to inadequate
icebreaking.
(3) The amount of time elapsed before each such commercial
vessel or ferry was successfully broken out of the ice and
whether it was accomplished by the Coast Guard or by commercial
icebreaking assets.
(4) Relevant communications of each such commercial vessel
or ferry with the Coast Guard and with commercial icebreaking
services during such period.
(5) A description of any mitigating circumstance, such as
Coast Guard icebreaker diversions to higher priority missions,
that may have contributed to the amount of time described in
paragraph (3).
(c) Voluntary Reporting.--Any reporting by operators of commercial
vessels or ferries under this section shall be voluntary.
(d) Public Availability.--The Commandant shall make the database
available to the public on a publicly accessible internet website of
the Coast Guard.
(e) Consultation With Industry.--With respect to the Great Lakes
icebreaking operations of the Coast Guard and the development of the
database required under subsection (a), the Commandant shall consult
operators of commercial vessels and ferries.
(f) Definitions.--In this section:
(1) Commercial vessel.--The term ``commercial vessel''
means any privately owned cargo vessel operating in the Great
Lakes during the winter season of at least 500 tons, as
measured under section 14502 of title 46, United States Code,
or an alternate tonnage measured under section 14302 of such
title, as prescribed by the Secretary of the department in
which the Coast Guard is operating under section 14104 of such
title.
(2) Great lakes.--The term ``Great Lakes'' means the United
States waters of Lake Superior, Lake Michigan, Lake Huron, Lake
Erie, and Lake Ontario, their connecting waterways, and their
adjacent harbors.
(3) Ice-covered waterway.--The term ``ice-covered
waterway'' means any portion of the Great Lakes in which
commercial vessels 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, in no particular order
of priority--
(A) to extricate vessels and individuals from
danger;
(B) to prevent damage due to flooding;
(C) to meet the reasonable demands of commerce;
(D) to minimize delays to passenger ferries; and
(E) to conduct other Coast Guard missions as
required.
(5) Reasonable demands of commerce.--The term ``reasonable
demands of commerce'' means the safe movement of commercial
vessels and ferries transiting ice-covered waterways in the
Great Lakes, regardless of type of cargo, at a speed consistent
with the design capability of Coast Guard icebreakers operating
in the Great Lakes and appropriate to the ice capability of the
commercial vessel.
(g) Public Report.--Not later than July 1 after the first winter in
which the Commandant is subject to the requirements of section 564 of
title 14, United States Code, the Commandant shall publish on a
publicly accessible internet website of the Coast Guard a report on the
cost to the Coast Guard of meeting the requirements of that section.
SEC. 213. GREAT LAKES SNOWMOBILE ACQUISITION PLAN.
(a) In General.--The Commandant shall develop a plan to expand
snowmobile procurement for Coast Guard units at which snowmobiles may
improve ice rescue response times while maintaining the safety of Coast
Guard personnel engaged in search and rescue. The plan must include
consideration of input from Officers in Charge, Commanding Officers,
and Commanders of impacted units.
(b) Elements.--The plan required by subsection (a) shall include--
(1) a consideration of input from officers in charge,
commanding officers, and commanders of affected Coast Guard
units;
(2) a detailed description of the estimated costs of
procuring, maintaining, and training members of the Coast Guard
at affected units to use snowmobiles; and
(3) an assessment of--
(A) the degree to which snowmobiles may improve ice
rescue response times while maintaining the safety of
Coast Guard personnel engaged in search and rescue;
(B) the operational capabilities of a snowmobile,
as compared to an airboat, and a force laydown
assessment with respect to the assets needed for
effective operations at Coast Guard units conducting
ice rescue activities; and
(C) the potential risks to members of the Coast
Guard and members of the public posed by the use of
snowmobiles by members of the Coast Guard for ice
rescue activities.
(c) Public Availability.--Not later than 1 year after the date of
the enactment of this Act, the Commandant shall finalize the plan
required by subsection (a) and make the plan available on a publicly
accessible internet website of the Coast Guard.
SEC. 214. GREAT LAKES BARGE INSPECTION EXEMPTION.
Section 3302(m) of title 46, United States Code, is amended--
(1) in the matter preceding paragraph (1), by inserting
``or a Great Lakes barge'' after ``seagoing barge''; and
(2) by striking ``section 3301(6) of this title'' and
inserting ``paragraph (6) or (13) of section 3301 of this
title''.
SEC. 215. STUDY ON SUFFICIENCY OF COAST GUARD AVIATION ASSETS TO MEET
MISSION DEMANDS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on--
(1) the force laydown of Coast Guard aviation assets; and
(2) any geographic gaps in coverage by Coast Guard assets
in areas in which the Coast Guard has search and rescue
responsibilities.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) The distance, time, and weather challenges that MH-65
and MH-60 units may face in reaching the outermost limits of
the area of operation of Coast Guard District 9 for which such
units are responsible.
(2) An assessment of the advantages that Coast Guard fixed-
wing assets, or an alternate rotary wing asset, would offer to
the outermost limits of any area of operation for purposes of
search and rescue, law enforcement, ice operations, and
logistical missions.
(3) A comparison of advantages and disadvantages of the
manner in which each of the Coast Guard fixed-wing aircraft
would operate in the outermost limits of any area of operation.
(4) A specific assessment of the coverage gaps, including
gaps in fixed-wing coverage, and potential solutions to address
such gaps in the area of operation of Coast Guard District 9,
including the eastern region of such area of operation.
Subtitle C--Arctic
SEC. 221. ESTABLISHMENT OF THE ARCTIC SECURITY CUTTER PROGRAM OFFICE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Commandant shall establish a program office
for the acquisition of the Arctic Security Cutter to expedite the
evaluation of requirements and initiate design of a vessel class
critical to the national security of the United States.
(b) Design Phase.--Not later than 270 days after the date of the
enactment of this Act, the Commandant shall initiate the design phase
of the Arctic Security Cutter vessel class.
(c) Quarterly Briefings.--Not less frequently than quarterly until
the date on which the contract for acquisition of the Arctic Security
Cutter is awarded, the Commandant shall provide a briefing to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives on the status of requirements evaluations, design of
the vessel, and schedule of the program.
SEC. 222. ARCTIC ACTIVITIES.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) Arctic.--The term ``Arctic'' has the meaning given such
term in section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111).
(b) Arctic Operational Implementation Report.--Not later than 1
year after the date of the enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall submit a report
to the appropriate committees of Congress that describes the ability
and timeline to conduct a transit of the Northern Sea Route and
periodic transits of the Northwest Passage.
SEC. 223. STUDY ON ARCTIC OPERATIONS AND INFRASTRUCTURE.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall commence a study on the Arctic operations and infrastructure of
the Coast Guard.
(b) Elements.--The study required under subsection (a) shall assess
the following:
(1) The extent of the collaboration between the Coast Guard
and the Department of Defense to assess, manage, and mitigate
security risks in the Arctic region.
(2) Actions taken by the Coast Guard to manage risks to
Coast Guard operations, infrastructure, and workforce planning
in the Arctic.
(3) The plans the Coast Guard has in place for managing and
mitigating the risks to commercial maritime operations and the
environment in the Arctic region.
(c) Report.--Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General 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 findings of the study.
Subtitle D--Maritime Cyber and Artificial Intelligence
SEC. 231. ENHANCING MARITIME CYBERSECURITY.
(a) Definitions.--In this section:
(1) Cyber incident.--The term ``cyber incident''--
(A) means an event occurring on or conducted
through a computer network that actually or imminently
jeopardizes the integrity, confidentiality, or
availability of computers, information or
communications systems or networks, physical or virtual
infrastructure controlled by computers or information
systems, or information resident thereon; and
(B) includes a vulnerability in an information
system, system security procedures, internal controls,
or implementation that could be exploited by a threat
source.
(2) Maritime operators.--The term ``maritime operators''
means the owners or operators of vessels engaged in commercial
service, the owners or operators of port facilities, and port
authorities.
(3) Significant cyber incident.--The term ``significant
cyber incident'' means a cyber incident that the Secretary of
Homeland Security determines is (or group of related cyber
incidents that together are) likely to result in demonstrable
harm to the national security interests, foreign relations, or
economy of the United States or to public confidence, civil
liberties, or public health and safety of the people of the
United States.
(4) Port facilities.--The term ``port facilities'' has the
meaning given the term ``facility'' in section 70101 of title
46.
(b) Public Availability of Cybersecurity Tools and Resources.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Commandant, in coordination with
the Administrator of the Maritime Administration, the Director
of the Cybersecurity and Infrastructure Security Agency, and
the Director of the National Institute of Standards and
Technology, shall identify and make available to the public a
list of tools and resources, including the resources of the
Coast Guard and the Cybersecurity and Infrastructure Security
Agency, designed to assist maritime operators in identifying,
detecting, protecting against, responding to, and recovering
from significant cyber incidents.
(2) Identification.--In carrying out paragraph (1), the
Commandant, the Administrator of the Maritime Administration,
the Director of the Cybersecurity and Infrastructure Security
Agency, and the Director of the National Institute of Standards
and Technology shall identify tools and resources that--
(A) comply with the cybersecurity framework for
improving critical infrastructure established by the
National Institute of Standards and Technology; or
(B) use the guidelines on maritime cyber risk
management issued by the International Maritime
Organization on July 5, 2017 (or successor guidelines).
(3) Consultation.--
(A) In general.--The Commandant, the Administrator
of the Maritime Administration, the Director of the
Cybersecurity and Infrastructure Security Agency, and
the Director of the National Institute of Standards and
Technology may consult with maritime operators, other
Federal agencies, industry stakeholders, and
cybersecurity experts to identify tools and resources
for purposes of this section.
(B) Inapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
consultation described in subparagraph (A) or to any
other action in support of the implementation of this
section.
SEC. 232. ESTABLISHMENT OF UNMANNED SYSTEM PROGRAM AND AUTONOMOUS
CONTROL AND COMPUTER VISION TECHNOLOGY PROJECT.
(a) In General.--Section 319 of title 14, United States Code, is
amended to read as follows:
``Sec. 319. Unmanned system program and autonomous control and computer
vision technology project
``(a) Unmanned System Program.--The Secretary shall establish,
under the control of the Commandant, an unmanned system program for the
use by the Coast Guard of land-based, cutter-based, and aircraft-based
unmanned systems for the purpose of increasing effectiveness and
efficiency of mission execution.
``(b) Autonomous Control and Computer Vision Technology Project.--
``(1) In general.--The Commandant shall conduct a project
to retrofit 2 or more existing Coast Guard small boats deployed
at operational units with--
``(A) commercially available autonomous control and
computer vision technology; and
``(B) such sensors and methods of communication as
are necessary to control, and technology to assist in
conducting, search and rescue, surveillance, and
interdiction missions.
``(2) Data collection.--As part of the project required by
paragraph (1), the Commandant shall collect and evaluate field-
collected operational data from the retrofit described in that
paragraph so as to inform future requirements.
``(3) Briefing.--Not later than 180 days after the date on
which the project required under paragraph (1) is completed,
the Commandant shall provide a briefing to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives on the project that includes an evaluation of
the data collected from the project.
``(c) Unmanned System Defined.--In this section, the term `unmanned
system' means--
``(1) an unmanned aircraft system (as defined in section
331 of the Federal Aviation Administration Modernization and
Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 44802 note));
``(2) an unmanned marine surface system; and
``(3) an unmanned marine subsurface system.
``(d) Cost Assessment.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall provide to Congress an
estimate of the costs associated with implementing the amendments made
by this section.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 14,
United States Code, is amended by striking the item relating to section
319 and inserting the following:
``319. Unmanned system program and autonomous control and computer
vision technology project.''.
SEC. 233. ARTIFICIAL INTELLIGENCE STRATEGY.
(a) Establishment of Activities.--
(1) In general.--The Commandant shall establish a set of
activities to coordinate the efforts of the Coast Guard to
develop and mature artificial intelligence technologies and
transition such technologies into operational use where
appropriate.
(2) Emphasis.--The set of activities established under
paragraph (1) shall--
(A) apply artificial intelligence and machine-
learning solutions to operational and mission-support
problems; and
(B) coordinate activities involving artificial
intelligence and artificial intelligence-enabled
capabilities within the Coast Guard.
(b) Designated Official.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commandant shall designate a
senior official of the Coast Guard (referred to in this section
as the ``designated official'') with the principal
responsibility for the coordination of activities relating to
the development and demonstration of artificial intelligence
and machine learning for the Coast Guard.
(2) Duties.--
(A) Strategic plan.--
(i) In general.--The designated official
shall develop a detailed strategic plan to
develop, mature, adopt, and transition
artificial intelligence technologies into
operational use where appropriate.
(ii) Elements.--The plan required by clause
(i) shall include the following:
(I) A strategic roadmap for the
identification and coordination of the
development and fielding of artificial
intelligence technologies and key
enabling capabilities.
(II) The continuous evaluation and
adaptation of relevant artificial
intelligence capabilities developed by
the Coast Guard and by other
organizations for military missions and
business operations.
(iii) Coordination.--In developing the plan
required by clause (i), the designated official
shall coordinate and engage with the Secretary
of Defense and the Joint Artificial
Intelligence Center.
(iv) Submission to commandant.--Not later
than 2 years after the date of the enactment of
this Act, the designated official shall submit
to the Commandant the plan developed under
clause (i).
(B) Governance and oversight of artificial
intelligence and machine learning policy.--The
designated official shall regularly convene appropriate
officials of the Coast Guard--
(i) to integrate the functional activities
of the Coast Guard with respect to artificial
intelligence and machine learning;
(ii) to ensure that there are efficient and
effective artificial intelligence and machine-
learning capabilities throughout the Coast
Guard; and
(iii) to develop and continuously improve
research, innovation, policy, joint processes,
and procedures to facilitate the development,
acquisition, integration, advancement,
oversight, and sustainment of artificial
intelligence and machine learning throughout
the Coast Guard.
(c) Acceleration of Development and Fielding of Artificial
Intelligence.--To the extent practicable, the Commandant, in
conjunction with the Secretary of Defense and the Joint Artificial
Intelligence Center, shall--
(1) use the flexibility of regulations, personnel,
acquisition, partnerships with industry and academia, or other
relevant policies of the Coast Guard to accelerate the
development and fielding of artificial intelligence
capabilities;
(2) ensure engagement with defense and private industries,
research universities, and unaffiliated, nonprofit research
institutions;
(3) provide technical advice and support to entities in the
Coast Guard to optimize the use of artificial intelligence and
machine-learning technologies to meet Coast Guard missions;
(4) support the development of requirements for artificial
intelligence capabilities that address the highest priority
capability gaps of the Coast Guard and technical feasibility;
(5) develop and support capabilities for technical analysis
and assessment of threat capabilities based on artificial
intelligence;
(6) identify the workforce and capabilities needed to
support the artificial intelligence capabilities and
requirements of the Coast Guard;
(7) develop classification guidance for all artificial
intelligence-related activities of the Coast Guard;
(8) work with appropriate officials to develop appropriate
ethical, legal, and other policies for the Coast Guard
governing the development and use of artificial intelligence-
enabled systems and technologies in operational situations; and
(9) ensure--
(A) that artificial intelligence programs of the
Coast Guard are consistent with this section; and
(B) appropriate coordination of artificial
intelligence activities of the Coast Guard with
interagency, industry, and international efforts
relating to artificial intelligence, including relevant
participation in standards-setting bodies.
(d) Strategic Plan.--
(1) In general.--The Commandant shall develop a strategic
plan to develop, mature, adopt, and transition artificial
intelligence technologies into operational use where
appropriate, that is informed by the plan developed by the
designated official under subsection (b)(2)(A).
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Each element described in clause (ii) of
subsection (b)(2)(A).
(B) A consideration of the identification,
adoption, and procurement of artificial intelligence
technologies for use in operational and mission support
activities.
(3) Coordination.--In developing the plan required by
paragraph (1), the Commandant shall coordinate and engage with
the Secretary of Defense, the Chief Digital and Artificial
Intelligence Office, defense and private industries, research
universities, and unaffiliated, nonprofit research
institutions.
(4) Submission to congress.--Not later than 1 year after
the date of the enactment of this Act, the Commandant shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives the plan developed under paragraph (1).
SEC. 234. REVIEW OF ARTIFICIAL INTELLIGENCE APPLICATIONS AND
ESTABLISHMENT OF PERFORMANCE METRICS.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Commandant shall--
(1) review the potential applications of artificial
intelligence and digital technology to the platforms,
processes, and operations of the Coast Guard;
(2) identify the resources necessary to improve the use of
artificial intelligence and digital technology in such
platforms, processes, and operations; and
(3) establish performance objectives and accompanying
metrics for the incorporation of artificial intelligence and
digital readiness into such platforms, processes, and
operations.
(b) Performance Objectives and Accompanying Metrics.--
(1) Skill gaps.--In carrying out subsection (a), the
Commandant shall--
(A) conduct a comprehensive review and assessment
of--
(i) skill gaps in the fields of software
development, software engineering, data
science, and artificial intelligence;
(ii) the qualifications of civilian
personnel needed for both management and
specialist tracks in such fields; and
(iii) the qualifications of military
personnel (officer and enlisted) needed for
both management and specialist tracks in such
fields; and
(B) establish recruiting, training, and talent
management performance objectives and accompanying
metrics for achieving and maintaining staffing levels
needed to fill identified gaps and meet the needs of
the Coast Guard for skilled personnel.
(2) AI modernization activities.--In carrying out
subsection (a), the Commandant, with support from the Director
of the Joint Artificial Intelligence Center, shall--
(A) assess investment by the Coast Guard in
artificial intelligence innovation, science and
technology, and research and development;
(B) assess investment by the Coast Guard in test
and evaluation of artificial intelligence capabilities;
(C) assess the integration of, and the resources
necessary to better use artificial intelligence in
wargames, exercises, and experimentation;
(D) assess the application of, and the resources
necessary to better use, artificial intelligence in
logistics and sustainment systems;
(E) assess the integration of, and the resources
necessary to better use, artificial intelligence for
administrative functions;
(F) establish performance objectives and
accompanying metrics for artificial intelligence
modernization activities of the Coast Guard; and
(G) identify the resources necessary to effectively
use artificial intelligence to carry out the missions
of the Coast Guard.
(c) Report to Congress.--Not later than 180 days after the
completion of the review required by subsection (a)(1), the Commandant
shall submit to the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Appropriations
of the House of Representatives a report on--
(1) the findings of the Commandant with respect to such
review and any action taken or proposed to be taken by the
Commandant, and the resources necessary to address such
findings;
(2) the performance objectives and accompanying metrics
established under subsections (a)(3) and (b)(1)(B); and
(3) any recommendation with respect to proposals for
legislative change necessary to successfully implement
artificial intelligence applications within the Coast Guard.
SEC. 235. CYBER DATA MANAGEMENT.
(a) In General.--The Commandant, in coordination with the Commander
of United States Cyber Command, and the Director of the Cybersecurity
and Infrastructure Security Agency, shall--
(1) develop policies, processes, and operating procedures
governing--
(A) access to and the ingestion, structure,
storage, and analysis of information and data relevant
to the Coast Guard Cyber Mission, including--
(i) intelligence data relevant to Coast
Guard missions;
(ii) internet traffic, topology, and
activity data relevant to such missions; and
(iii) cyber threat information relevant to
such missions; and
(B) data management and analytic platforms relating
to such missions; and
(2) evaluate data management platforms referred to in
paragraph (1)(B) to ensure that such platforms operate
consistently with the Coast Guard Data Strategy.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that includes--
(1) an assessment of the progress on the activities
required by subsection (a); and
(2) any recommendation with respect to funding or
additional authorities necessary, including proposals for
legislative change, to improve Coast Guard cyber data
management.
SEC. 236. DATA MANAGEMENT.
The Commandant shall develop data workflows and processes for the
leveraging of mission-relevant data by the Coast Guard to enhance
operational effectiveness and efficiency.
SEC. 237. STUDY ON CYBER THREATS TO THE UNITED STATES MARINE
TRANSPORTATION SYSTEM.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall commence a study on cyber threats to the United States marine
transportation system.
(b) Elements.--The study required by paragraph (1) shall assess the
following:
(1) The extent to which the Coast Guard, in collaboration
with other Federal agencies, sets standards for the
cybersecurity of facilities and vessels regulated under part
104, 105, or 106 of title 33 of the Code of Federal
Regulations, as in effect on the date of the enactment of this
Act.
(2) The manner in which the Coast Guard ensures
cybersecurity standards are followed by port, vessel, and
facility owners and operators.
(3) The extent to which maritime sector-specific planning
addresses cybersecurity, particularly for vessels and offshore
platforms.
(4) The manner in which the Coast Guard, other Federal
agencies, and vessel and offshore platform operators exchange
information regarding cyber risks.
(5) The extent to which the Coast Guard is developing and
deploying cybersecurity specialists in port and vessel systems
and collaborating with the private sector to increase the
expertise of the Coast Guard with respect to cybersecurity.
(6) The cyber resource and workforce needs of the Coast
Guard necessary to meet future mission demands.
(c) Report.--Not later than 1 year after commencing the study
required by subsection (a), the Comptroller General shall submit a
report on the findings of the study to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
(d) Definition of Facility.--In this section the term ``facility''
has the meaning given the term in section 70101 of title 46, United
States Code.
Subtitle E--Aviation
SEC. 241. SPACE-AVAILABLE TRAVEL ON COAST GUARD AIRCRAFT: PROGRAM
AUTHORIZATION AND ELIGIBLE RECIPIENTS.
(a) In General.--Subchapter I of chapter 5 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 509. Space-available travel on Coast Guard aircraft
``(a)(1) The Coast Guard may establish a program to provide
transportation on Coast Guard aircraft on a space-available basis to
the categories of eligible individuals described in subsection (c) (in
this section referred to as the `program').
``(2) Not later than 1 year after the date on which the program is
established, the Commandant shall develop a policy for its operation.
``(b)(1) The Commandant shall operate the program in a budget-
neutral manner.
``(2)(A) Except as provided in subparagraph (B), no additional
funds may be used, or flight hours performed, for the purpose of
providing transportation under the program.
``(B) The Commandant may make de minimis expenditures of resources
required for the administrative aspects of the program.
``(3) Eligible individuals described in subsection (c) shall not be
required to reimburse the Coast Guard for travel provided under this
section.
``(c) Subject to subsection (d), the categories of eligible
individuals described in this subsection are the following:
``(1) Members of the armed forces on active duty.
``(2) Members of the Selected Reserve who hold a valid
Uniformed Services Identification and Privilege Card.
``(3) Retired members of a regular or reserve component of
the armed forces, including retired members of reserve
components who, but for being under the eligibility age
applicable under section 12731 of title 10, would be eligible
for retired pay under chapter 1223 of title 10.
``(4) Subject to subsection (f), veterans with a permanent
service-connected disability rated as total.
``(5) Such categories of dependents of individuals
described in paragraphs (1) through (3) as the Commandant shall
specify in the policy under subsection (a)(2), under such
conditions and circumstances as the Commandant shall specify in
such policy.
``(6) Such other categories of individuals as the
Commandant, in the discretion of the Commandant, considers
appropriate.
``(d) In operating the program, the Commandant shall--
``(1) in the sole discretion of the Commandant, establish
an order of priority for transportation for categories of
eligible individuals that is based on considerations of
military necessity, humanitarian concerns, and enhancement of
morale;
``(2) give priority in consideration of transportation to
the demands of members of the armed forces in the regular
components and in the reserve components on active duty and to
the need to provide such members, and their dependents, a means
of respite from such demands; and
``(3) implement policies aimed at ensuring cost control (as
required by subsection (b)) and the safety, security, and
efficient processing of travelers, including limiting the
benefit under the program to 1 or more categories of otherwise
eligible individuals, as the Commandant considers necessary.
``(e)(1) Notwithstanding subsection (d)(1), in establishing space-
available transportation priorities under the program, the Commandant
shall provide transportation for an individual described in paragraph
(2), and a single dependent of the individual if needed to accompany
the individual, at a priority level in the same category as the
priority level for an unaccompanied dependent over the age of 18 years
traveling on environmental and morale leave.
``(2) Subject to paragraph (3), paragraph (1) applies with respect
to an individual described in subsection (c)(3) who--
``(A) resides in or is located in a Commonwealth or
possession of the United States; and
``(B) is referred by a military or civilian primary care
provider located in that Commonwealth or possession to a
specialty care provider for services to be provided outside of
that Commonwealth or possession.
``(3) If an individual described in subsection (c)(3) is a retired
member of a reserve component who is ineligible for retired pay under
chapter 1223 of title 10 by reason of being under the eligibility age
applicable under section 12731 of title 10, paragraph (1) applies to
the individual only if the individual is also enrolled in the TRICARE
program for certain members of the Retired Reserve authorized under
section 1076e of title 10.
``(4) The priority for space-available transportation required by
this subsection applies with respect to--
``(A) the travel from the Commonwealth or possession of the
United States to receive the specialty care services; and
``(B) the return travel.
``(5) In this subsection, the terms `primary care provider' and
`specialty care provider' refer to a medical or dental professional who
provides health care services under chapter 55 of title 10.
``(f)(1) Travel may not be provided under this section to a veteran
eligible for travel pursuant to paragraph (4) of subsection (c) in
priority over any member eligible for travel under paragraph (1) of
that subsection or any dependent of such a member eligible for travel
under this section.
``(2) Subsection (c)(4) may not be construed as--
``(A) affecting or in any way imposing on the Coast Guard,
any armed force, or any commercial entity with which the Coast
Guard or an armed force contracts, an obligation or expectation
that the Coast Guard or such armed force will retrofit or
alter, in any way, military aircraft or commercial aircraft, or
related equipment or facilities, used or leased by the Coast
Guard or such armed force to accommodate passengers provided
travel under such authority on account of disability; or
``(B) preempting the authority of an aircraft commander to
determine who boards the aircraft and any other matters in
connection with safe operation of the aircraft.
``(g) The authority to provide transportation under the program is
in addition to any other authority under law to provide transportation
on Coast Guard aircraft on a space-available basis.''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter 5
of title 14, United States Code, is amended by adding at the end the
following:
``509. Space-available travel on Coast Guard aircraft.''.
SEC. 242. REPORT ON COAST GUARD AIR STATION BARBERS POINT HANGAR.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Appropriations of the House of
Representatives a report on facilities requirements for constructing a
hangar at Coast Guard Air Station Barbers Point at Oahu, Hawaii.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the $45,000,000 phase one design for
the hangar at Coast Guard Air Station Barbers Point funded by
the Consolidated Appropriations Act, 2021 (Public Law 116-260;
134 Stat. 1132).
(2) An evaluation of the full facilities requirements for
such hangar to house, maintain, and operate the MH-65 and HC-
130J, including--
(A) storage and provision of fuel; and
(B) maintenance and parts storage facilities.
(3) An evaluation of facilities growth requirements for
possible future basing of the MH-60 with the C-130J at Coast
Guard Air Station Barbers Point.
(4) A description of and cost estimate for each project
phase for the construction of such hangar.
(5) A description of the plan for sheltering in the hangar
during extreme weather events aircraft of the Coast Guard and
partner agencies, such as the National Oceanic and Atmospheric
Administration.
(6) A description of the risks posed to operations at Coast
Guard Air Station Barbers Point if future project phases for
the construction of such hangar are not funded.
SEC. 243. STUDY ON THE OPERATIONAL AVAILABILITY OF COAST GUARD AIRCRAFT
AND STRATEGY FOR COAST GUARD AVIATION.
(a) Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall commence a study on the operational
availability of Coast Guard aircraft.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) An assessment of--
(i) the extent to which the fixed-wing and
rotary-wing aircraft of the Coast Guard have
met annual operational availability targets in
recent years;
(ii) the challenges the Coast Guard may
face with respect to such aircraft meeting
operational availability targets, and the
effects of such challenges on the Coast Guard's
ability to meet mission requirements; and
(iii) the status of Coast Guard efforts to
upgrade or recapitalize its fleet of such
aircraft to meet growth in future mission
demands globally, such as in the Western
Hemisphere, the Arctic region, and the Western
Pacific region.
(B) Any recommendation with respect to the
operational availability of Coast Guard aircraft.
(C) The resource and workforce requirements
necessary for Coast Guard Aviation to meet future
mission demands.
(3) Report.--On completion of the study required by
paragraph (1), the Comptroller General shall submit to the
Secretary of the department in which the Coast Guard is
operating a report on the findings of the study.
(b) Coast Guard Aviation Strategy.--
(1) In general.--Not later than 180 days after the date on
which the study under subsection (a) is completed, the
Secretary of the department in which the Coast Guard is
operating shall develop a comprehensive strategy for Coast
Guard Aviation that is informed by the relevant recommendations
and findings of the study.
(2) Elements.--The strategy required by paragraph (1) shall
include the following:
(A) With respect to aircraft of the Coast Guard, an
analysis of the current and future operations and
future resource needs.
(B) The projected number of aviation assets, the
locations at which such assets are to be stationed, the
cost of operation and maintenance of such assets, and
an assessment of the capabilities of such assets as
compared to the missions they are expected to execute,
at the completion of major procurement and
modernization plans.
(C) A procurement plan, including an estimated
timetable and the estimated appropriations necessary
for all platforms, including unmanned aircraft.
(D) A training plan for pilots and aircrew that
addresses--
(i) the use of simulators owned and
operated by the Coast Guard, and simulators
that are not owned or operated by the Coast
Guard, including any such simulators based
outside the United States; and
(ii) the costs associated with attending
training courses.
(E) Current and future requirements for cutter and
land-based deployment of aviation assets globally,
including in the Arctic, the Eastern Pacific, the
Western Pacific, the Caribbean, the Atlantic Basin, and
any other area the Commandant considers appropriate.
(F) A description of the feasibility of and
resource requirements necessary to deploy rotary-winged
assets onboard all future Arctic cutter patrols.
(G) An evaluation of current and future facilities
needs for Coast Guard aviation units.
(H) An evaluation of pilot and aircrew training and
retention needs, including aviation career incentive
pay, retention bonuses, and any other workforce tools
the Commandant considers necessary.
(3) Briefing.--Not later than 180 days after the date on
which the strategy required by paragraph (1) is completed, the
Commandant shall provide to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a briefing on the strategy.
Subtitle F--Workforce Readiness
SEC. 251. 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
Selected Reserve of the Coast Guard Reserve 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 such a variation is in the national
interest.
``(d) The Commandant may increase the authorized end strength of
the Selected Reserve of the Coast Guard Reserve by a number equal to
not more than 2 percent of such authorized end strength upon a
determination by the Commandant that such an increase would enhance
manning and readiness in essential units or in critical specialties or
ratings.''.
SEC. 252. 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 7,400.
``(2) Temporary increase.--Notwithstanding paragraph (1),
the Commandant may temporarily increase the total number of
commissioned officers permitted under that paragraph by up to 4
percent for not more than 60 days after the date of the
commissioning of a Coast Guard Academy class.
``(3) Notification.--If the Commandant increases pursuant
to paragraph (2) the total number of commissioned officers
permitted under paragraph (1), the Commandant shall notify the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives of the number of officers on
the active duty promotion list on the last day of the preceding
30-day period--
``(A) not later than 30 days after such increase;
and
``(B) every 30 days thereafter until the total
number of commissioned officers no longer exceeds the
total number of commissioned officers permitted under
paragraph (1).''.
(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(a) of title 31,
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 the number of Coast
Guard officers who are serving at other Federal agencies on a
reimbursable basis, and the number of Coast Guard officers who are
serving at other Federal agencies on a non-reimbursable basis but are
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. 253. CONTINUATION ON ACTIVE DUTY OF OFFICERS WITH CRITICAL SKILLS.
(a) In General.--Subchapter II of chapter 21 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 2166. Continuation on active duty of officers with critical
skills
``(a) In General.--The Commandant may authorize an officer in any
grade above grade O-2 to remain on active duty after the date otherwise
provided for the retirement of the 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 Skill, Specialty, or Career Field.--The Commandant
shall designate 1 or more critical skills, specialties, or career
fields for purposes of 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 that specifies 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 subchapter II of chapter
21 of title 14, United States Code, is amended by adding at the end the
following:
``2166. Continuation on active duty of officers with critical
skills.''.
SEC. 254. CAREER INCENTIVE PAY FOR MARINE INSPECTORS.
(a) Authority To Provide Assignment Pay or Special Duty Pay.--The
Secretary of the department in which the Coast Guard is operating may
provide assignment pay or special duty pay under section 352 of title
37, United States Code, to a member of the Coast Guard serving in a
prevention position and assigned as a marine inspector or marine
investigator pursuant to section 312 of title 14, United States Code.
(b) Annual Briefing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of the department in which the Coast Guard is
operating shall provide to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a briefing on any uses of the authority under
subsection (a) during the preceding year.
(2) Elements.--Each briefing required by paragraph (1)
shall include the following:
(A) The number of members of the Coast Guard
serving as marine inspectors or marine investigators
pursuant to section 312 of title 14, United States
Code, who are receiving assignment pay or special duty
pay under section 352 of title 37, United States Code.
(B) An assessment of the impact of the use of the
authority under this section on the effectiveness and
efficiency of the Coast Guard in administering the laws
and regulations for the promotion of safety of life and
property on and under the high seas and waters subject
to the jurisdiction of the United States.
(C) An assessment of the effects of assignment pay
and special duty pay on retention of marine inspectors
and investigators.
(D) If the authority provided in subsection (a) is
not exercised, a detailed justification for not
exercising such authority, including an explanation of
the efforts the Secretary of the department in which
the Coast Guard is operating is taking to ensure that
the Coast Guard workforce contains an adequate number
of qualified marine inspectors.
(c) Study.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating, in coordination with the
Director of the National Institute for Occupational Safety and
Health, shall conduct a study on the health of marine
inspectors and marine investigators who have served in such
positions for a period of not less than least 10 years.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) An evaluation of--
(i) the daily vessel inspection duties of
marine inspectors and marine investigators,
including the examination of internal cargo
tanks and voids and new construction
activities;
(ii) major incidents to which marine
inspectors and marine investigators have had to
respond, and any other significant incident,
such as a vessel casualty, that has resulted in
the exposure of marine inspectors and marine
investigators to hazardous chemicals or
substances; and
(iii) the types of hazardous chemicals or
substances to which marine inspectors and
marine investigators have been exposed relative
to the effects such chemicals or substances
have had on marine inspectors and marine
investigators.
(B) A review and analysis of the current Coast
Guard health and safety monitoring systems, and
recommendations for improving such systems,
specifically with respect to the exposure of members of
the Coast Guard to hazardous substances while carrying
out inspections and investigation duties.
(C) Any other element the Secretary of the
department in which the Coast Guard is operating
considers appropriate.
(3) Report.--On completion of the study required by
paragraph (1), the Secretary of the department in which the
Coast Guard is operating 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 findings of the study and
recommendations for actions the Commandant should take to
improve the health and exposure of marine inspectors and marine
investigators.
(d) Termination.--The authority provided by subsection (a) shall
terminate on December 31, 2027, unless the study required by subsection
(c) is completed and submitted as required by that subsection.
SEC. 255. EXPANSION OF THE ABILITY FOR SELECTION BOARD TO RECOMMEND
OFFICERS OF PARTICULAR MERIT FOR PROMOTION.
Section 2116(c)(1) of title 14, United States Code, is amended, in
the second sentence, by inserting ``three times'' after ``may not
exceed''.
SEC. 256. PAY AND ALLOWANCES FOR CERTAIN MEMBERS OF THE COAST GUARD
DURING FUNDING GAP.
(a) In General.--During a funding gap, the Secretary of the
Treasury shall make available to the Secretary of Homeland Security,
out of any amounts in the general fund of the Treasury not otherwise
appropriated, such amounts as the Secretary of Homeland Security
determines to be necessary to continue to provide, without
interruption, during the funding gap such sums as are necessary for--
(1) pay and allowances to members of the Coast Guard,
including reserve components thereof, who perform active
service;
(2) the payment of a death gratuity under sections 1475
through 1477 and 1489 of title 10, United States Code, with
respect to members of the Coast Guard;
(3) the payment or reimbursement of authorized funeral
travel and travel related to the dignified transfer of remains
and unit memorial services under section 481f of title 37,
United States Code, with respect to members of the Coast Guard;
and
(4) the temporary continuation of a basic allowance of
housing for dependents of members of the Coast Guard dying on
active duty, as authorized by section 403(l) of title 37,
United States Code.
(b) Funding Gap Defined.--In this section, the term ``funding gap''
means any period after the beginning of a fiscal year for which interim
or full-year appropriations for the personnel accounts of the Coast
Guard have not been enacted.
SEC. 257. MODIFICATION TO EDUCATION LOAN REPAYMENT PROGRAM.
(a) In General.--Section 2772 of title 14, United States Code, is
amended to read as follows:
``Sec. 2772. Education loan repayment program: members on active duty
in specified military specialties
``(a)(1) Subject to the provisions of this section, the Secretary
may repay--
``(A) any loan made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et
seq.);
``(B) any loan made under part D of such title (the William
D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.);
``(C) any loan made under part E of such title (20 U.S.C.
1087aa et seq.); or
``(D) any loan incurred for educational purposes made by a
lender that is--
``(i) an agency or instrumentality of a State;
``(ii) a financial or credit institution (including
an insurance company) that is subject to examination
and supervision by an agency of the United States or
any State;
``(iii) a pension fund approved by the Secretary
for purposes of this section; or
``(iv) a nonprofit private entity designated by a
State, regulated by such State, and approved by the
Secretary for purposes of this section.
``(2) Repayment of any such loan shall be made on the basis of each
complete year of service performed by the borrower.
``(3) The Secretary may repay loans described in paragraph (1) in
the case of any person for service performed on active duty as a member
in an officer program or military specialty specified by the Secretary.
``(b) The portion or amount of a loan that may be repaid under
subsection (a) is 33\1/3\ percent or $1,500, whichever is greater, for
each year of service.
``(c) If a portion of a loan is repaid under this section for any
year, interest on the remainder of such loan shall accrue and be paid
in the same manner as is otherwise required.
``(d) Nothing in this section shall be construed to authorize
refunding any repayment of a loan.
``(e) A person who transfers from service making the person
eligible for repayment of loans under this section (as described in
subsection (a)(3)) to service making the person eligible for repayment
of loans under section 16301 of title 10 (as described in subsection
(a)(2) or (g) of that section) during a year shall be eligible to have
repaid a portion of such loan determined by giving appropriate
fractional credit for each portion of the year so served, in accordance
with regulations of the Secretary concerned.
``(f) The Secretary shall prescribe a schedule for the allocation
of funds made available to carry out the provisions of this section and
section 16301 of title 10 during any year for which funds are not
sufficient to pay the sum of the amounts eligible for repayment under
subsection (a) and section 16301(a) of title 10.
``(g) Except a person described in subsection (e) who transfers to
service making the person eligible for repayment of loans under section
16301 of title 10, a member of the Coast Guard who fails to complete
the period of service required to qualify for loan repayment under this
section shall be subject to the repayment provisions of section 303a(e)
or 373 of title 37.
``(h) The Secretary may prescribe procedures for implementing this
section, including standards for qualified loans and authorized payees
and other terms and conditions for making loan repayments. Such
regulations may include exceptions that would allow for the payment as
a lump sum of any loan repayment due to a member under a written
agreement that existed at the time of a member's death or
disability.''.
(b) Clerical Amendment.--The analysis for subchapter III of chapter
27 of title 14, United States Code, is amended to read as follows:
``2772. Education loan repayment program: members on active duty in
specified military specialties.''.
SEC. 258. RETIREMENT OF VICE COMMANDANT.
Section 303 of title 14, United States Code, is amended--
(1) by amending subsection (a)(2) to read as follows:
``(2) A Vice Commandant who is retired while serving as
Vice Commandant, after serving not less than 2 years as Vice
Commandant, shall be retired with the grade of admiral, except
as provided in section 306(d).''; and
(2) in subsection (c), by striking ``or Vice Commandant''
and inserting ``or as an officer serving as Vice Commandant who
has served less than 2 years as Vice Commandant''.
SEC. 259. REPORT ON RESIGNATION AND RETIREMENT PROCESSING TIMES AND
DENIAL.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and annually thereafter, 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 evaluates resignation and
retirement processing timelines.
(b) Elements.--The report required by subsection (a) shall include
the following for the preceding calendar year--
(1) statistics on the number of resignations, retirements,
and other separations that occurred;
(2) the processing time for each action described in
paragraph (1);
(3) the percentage of requests for such actions that had a
command endorsement;
(4) the percentage of requests for such actions that did
not have a command endorsement; and
(5) for each denial of a request for a command endorsement
and each failure to take action on such a request, a detailed
description of the rationale for such denial or failure to take
such action.
SEC. 260. CALCULATION OF ACTIVE SERVICE.
Any service described in writing, including by electronic
communication, before the date of the enactment of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 134 Stat. 3388), by a representative of the Coast
Guard Personnel Service Center, as service that counts toward total
active service for the purpose of retirement under section 2152 of
title 14, United States Code, shall be considered by the President as
active service for purposes of applying such section with respect to
the determination of the retirement qualification for any officer to
whom a description was provided.
SEC. 261. PHYSICAL DISABILITY EVALUATION SYSTEM PROCEDURE REVIEW.
(a) Study.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall complete a study on the Coast Guard
Physical Disability Evaluation System and medical retirement
procedures.
(2) Elements.--The study required by paragraph (1) shall
review, and provide recommendations to address, the following:
(A) Coast Guard compliance with all applicable
laws, regulations, and policies relating to the
Physical Disability Evaluation System and the Medical
Evaluation Board.
(B) Coast Guard compliance with timelines set forth
in--
(i) the instruction of the Commandant
entitled ``Physical Disability Evaluation
System'' issued on May 19, 2006 (COMDTNST
M1850.2D); and
(ii) the Physical Disability Evaluation
System Transparency Initiative (ALCGPSC 030/
20).
(C) An evaluation of Coast Guard processes in place
to ensure the availability, consistency, and
effectiveness of counsel appointed by the Coast Guard
Office of the Judge Advocate General to represent
members of the Coast Guard undergoing an evaluation
under the Physical Disability Evaluation System.
(D) The extent to which the Coast Guard has and
uses processes to ensure that such counsel may perform
their functions in a manner that is impartial,
including being able to perform their functions without
undue pressure or interference by the command of the
affected member of the Coast Guard, the Personnel
Service Center, and the United States Coast Guard
Office of the Judge Advocate General.
(E) The frequency with which members of the Coast
Guard seek private counsel in lieu of counsel appointed
by the Coast Guard Office of the Judge Advocate
General, and the frequency of so doing at each member
pay grade.
(F) The timeliness of determinations, guidance, and
access to medical evaluations necessary for retirement
or rating determinations and overall well-being of the
affected member of the Coast Guard.
(G) The guidance, formal or otherwise, provided by
the Personnel Service Center and the Coast Guard Office
of the Judge Advocate General, other than the counsel
directly representing affected members of the Coast
Guard, in communication with medical personnel
examining members.
(H) The guidance, formal or otherwise, provided by
the medical professionals reviewing cases within the
Physical Disability Evaluation System to affected
members of the Coast Guard, and the extent to which
such guidance is disclosed to the commanders,
commanding officers, or other members of the Coast
Guard in the chain of command of such affected members.
(I) The feasibility of establishing a program to
allow members of the Coast Guard to select an expedited
review to ensure completion of the Medical Evaluation
Board report not later than 180 days after the date on
which such review was initiated.
(b) Report.--The Comptroller General 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 findings of the study conducted under
subsection (a) and recommendations for improving the physical
disability evaluation system process.
(c) Updated Policy Guidance.--
(1) In general.--Not later than 180 days after the date on
which the report under subsection (b) is submitted, the
Commandant shall issue updated policy guidance in response to
the findings and recommendations contained in the report.
(2) Elements.--The updated policy guidance required by
paragraph (1) shall include the following:
(A) A requirement that a member of the Coast Guard,
or the counsel of such a member, shall be informed of
the contents of, and afforded the option to be present
for, any communication between the member's command and
the Personnel Service Center, or other Coast Guard
entity, with respect to the duty status of the member.
(B) An exception to the requirement described in
subparagraph (A) that such a member or the counsel of
the member is not required to be informed of the
contents of such a communication if it is demonstrated
that there is a legitimate health and safety need for
the member to be excluded from such communications,
supported by a medical opinion that such exclusion is
necessary for the health or safety of the member,
command, or any other individual.
(C) An option to allow a member of the Coast Guard
to initiate an evaluation by a Medical Evaluation Board
if a Coast Guard healthcare provider, or other military
healthcare provider, has raised a concern about the
ability of the member to continue serving in the Coast
Guard, in accordance with existing medical and physical
disability policy.
(D) An updated policy to remove the command
endorsement requirement for retirement or separation
unless absolutely necessary for the benefit of the
United States.
SEC. 262. EXPANSION OF AUTHORITY FOR MULTIRATER ASSESSMENTS OF CERTAIN
PERSONNEL.
(a) In General.--Section 2182(a) of title 14, United States Code,
is amended by striking paragraph (2) and inserting the following:
``(2) Officers.--Each officer of the Coast Guard shall
undergo a multirater assessment before promotion to--
``(A) the grade of O-4;
``(B) the grade of O-5; and
``(C) the grade of O-6.
``(3) Enlisted members.--Each enlisted member of the Coast
Guard shall undergo a multirater assessment before advancement
to--
``(A) the grade of E-7;
``(B) the grade of E-8;
``(C) the grade of E-9; and
``(D) the grade of E-10.
``(4) Selection.--A reviewee shall not be permitted to
select the peers and subordinates who provide opinions for his
or her multirater assessment.
``(5) Post-assessment elements.--
``(A) In general.--Following an assessment of an
individual pursuant to paragraphs (1) through (3), the
individual shall be provided appropriate post-
assessment counseling and leadership coaching.
``(B) Availability of results.--The supervisor of
the individual assessed shall be provided with the
results of the multirater assessment.''.
(b) Cost Assessment.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commandant shall provide to the
appropriate committees of Congress an estimate of the costs
associated with implementing the amendment made by this
section.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of
the Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Appropriations of
the House of Representatives.
SEC. 263. PROMOTION PARITY.
(a) Information To Be Furnished.--Section 2115(a) of title 14,
United States Code, is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) in the case of an eligible officer considered for
promotion to a rank above lieutenant, any credible information
of an adverse nature, including any substantiated adverse
finding or conclusion from an officially documented
investigation or inquiry and any information placed in the
personnel service record of the officer under section 1745(a)
of the National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 10 U.S.C. 1561 note), shall be furnished to
the selection board in accordance with standards and procedures
set out in the regulations prescribed by the Secretary.''.
(b) Special Selection Review Boards.--
(1) In general.--Subchapter I of chapter 21 of title 14,
United States Code, is amended by inserting after section 2120
the following:
``Sec. 2120a. Special selection review boards
``(a) In General.--(1) If the Secretary determines that a person
recommended by a promotion board for promotion to a grade at or below
the grade of rear admiral is the subject of credible information of an
adverse nature, including any substantiated adverse finding or
conclusion described in section 2115(a)(3) of this title that was not
furnished to the promotion board during its consideration of the person
for promotion as otherwise required by such section, the Secretary
shall convene a special selection review board under this section to
review the person and recommend whether the recommendation for
promotion of the person should be sustained.
``(2) If a person and the recommendation for promotion of the
person is subject to review under this section by a special selection
review board convened under this section, the name of the person--
``(A) shall not be disseminated or publicly released on the
list of officers recommended for promotion by the promotion
board recommending the promotion of the person; and
``(B) shall not be forwarded to the President or the
Senate, as applicable, or included on a promotion list under
section 2121 of this title.
``(b) Convening.--(1) Any special selection review board convened
under this section shall be convened in accordance with the provisions
of section 2120(c) of this title.
``(2) Any special selection review board convened under this
section may review such number of persons, and recommendations for
promotion of such persons, as the Secretary shall specify in convening
such special selection review board.
``(c) Information Considered.--(1) In reviewing a person and
recommending whether the recommendation for promotion of the person
should be sustained under this section, a special selection review
board convened under this section shall be furnished and consider the
following:
``(A) The record and information concerning the person
furnished in accordance with section 2115 of this title to the
promotion board that recommended the person for promotion.
``(B) Any credible information of an adverse nature on the
person, including any substantiated adverse finding or
conclusion from an officially documented investigation or
inquiry described in section 2115(a)(3) of this title.
``(2) The furnishing of information to a special selection review
board under paragraph (1)(B) shall be governed by the standards and
procedures referred to in section 2115 of this title.
``(3)(A) Before information on a person described in paragraph
(1)(B) is furnished to a special selection review board for purposes of
this section, the Secretary shall ensure that--
``(i) such information is made available to the person; and
``(ii) subject to subparagraphs (C) and (D), the person is
afforded a reasonable opportunity to submit comments on such
information to the special selection review board before its
review of the person and the recommendation for promotion of
the person under this section.
``(B) If information on a person described in paragraph (1)(B) is
not made available to the person as otherwise required by subparagraph
(A)(i) due to the classification status of such information, the person
shall, to the maximum extent practicable, be furnished a summary of
such information appropriate to the person's authorization for access
to classified information.
``(C)(i) An opportunity to submit comments on information is not
required for a person under subparagraph (A)(ii) if--
``(I) such information was made available to the person in
connection with the furnishing of such information under
section 2115(a) of this title to the promotion board that
recommended the promotion of the person subject to review under
this section; and
``(II) the person submitted comments on such information to
that promotion board.
``(ii) The comments on information of a person described in clause
(i)(II) shall be furnished to the special selection review board.
``(D) A person may waive either or both of the following:
``(i) The right to submit comments to a special selection
review board under subparagraph (A)(ii).
``(ii) The furnishing of comments to a special selection
review board under subparagraph (C)(ii).
``(d) Consideration.--(1) In considering the record and information
on a person under this section, the special selection review board
shall compare such record and information with an appropriate sampling
of the records of those officers who were recommended for promotion by
the promotion board that recommended the person for promotion, and an
appropriate sampling of the records of those officers who were
considered by and not recommended for promotion by that promotion
board.
``(2) Records and information shall be presented to a special
selection review board for purposes of paragraph (1) in a manner that
does not indicate or disclose the person or persons for whom the
special selection review board was convened.
``(3) In considering whether the recommendation for promotion of a
person should be sustained under this section, a special selection
review board shall, to the greatest extent practicable, apply standards
used by the promotion board that recommended the person for promotion.
``(4) The recommendation for promotion of a person may be sustained
under this section only if the special selection review board
determines that the person--
``(A) ranks on an order of merit created by the special
selection review board as better qualified for promotion than
the sample officer highest on the order of merit list who was
considered by and not recommended for promotion by the
promotion board concerned; and
``(B) is comparable in qualification for promotion to those
sample officers who were recommended for promotion by that
promotion board.
``(5) A recommendation for promotion of a person may be sustained
under this section only by a vote of a majority of the members of the
special selection review board.
``(6) If a special selection review board does not sustain a
recommendation for promotion of a person under this section, the person
shall be considered to have failed of selection for promotion.
``(e) Reports.--(1) Each special selection review board convened
under this section shall submit to the Secretary a written report,
signed by each member of the board, containing the name of each person
whose recommendation for promotion it recommends for sustainment and
certifying that the board has carefully considered the record and
information of each person whose name was referred to it.
``(2) The provisions of sections 2117(a) of this title apply to the
report and proceedings of a special selection review board convened
under this section in the same manner as they apply to the report and
proceedings of a promotion board convened under section 2106 of this
title.
``(f) Appointment of Persons.--(1) If the report of a special
selection review board convened under this section recommends the
sustainment of the recommendation for promotion to the next higher
grade of a person whose name was referred to it for review under this
section, and the President approves the report, the person shall, as
soon as practicable, be appointed to that grade in accordance with
section 2121 of this title.
``(2) A person who is appointed to the next higher grade as
described in paragraph (1) shall, upon that appointment, have the same
date of rank, the same effective date for the pay and allowances of
that grade, and the same position on the active-duty list as the person
would have had pursuant to the original recommendation for promotion of
the promotion board concerned.
``(g) Regulations.--The Secretary shall prescribe regulations to
carry out this section.
``(h) Promotion Board Defined.--In this section, the term
`promotion board' means a selection board convened by the Secretary
under section 2106 of this title.''.
(2) Clerical amendment.--The analysis for subchapter I of
chapter 21 of title 14, United States Code, is amended by
inserting after the item relating to section 2120 the
following:
``2120a. Special selection review boards''.
(c) Availability of Information.--Section 2118 of title 14, United
States Code, is amended by adding at the end the following:
``(e) If the Secretary makes a recommendation under this section
that the name of an officer be removed from a report of a selection
board and the recommendation is accompanied by information that was not
presented to that selection board, that information shall be made
available to that officer. The officer shall then be afforded a
reasonable opportunity to submit comments on that information to the
officials making the recommendation and the officials reviewing the
recommendation. If an eligible officer cannot be given access to such
information because of its classification status, the officer shall, to
the maximum extent practicable, be provided with an appropriate summary
of the information.''.
(d) Delay of Promotion.--Section 2121(f) of title 14, United States
Code, is amended to read as follows:
``(f)(1) The promotion of an officer may be delayed without
prejudice if any of the following applies:
``(A) The officer is under investigation or proceedings of
a court-martial or a board of officers are pending against the
officer.
``(B) A criminal proceeding in a Federal or State court is
pending against the officer.
``(C) The Secretary determines that credible information of
an adverse nature, including a substantiated adverse finding or
conclusion described in section 2115(a)(3), with respect to the
officer will result in the convening of a special selection
review board under section 2120a of this title to review the
officer and recommend whether the recommendation for promotion
of the officer should be sustained.
``(2)(A) Subject to subparagraph (B), a promotion may be delayed
under this subsection until, as applicable--
``(i) the completion of the investigation or proceedings
described in subparagraph (A);
``(ii) a final decision in the proceeding described in
subparagraph (B) is issued; or
``(iii) the special selection review board convened under
section 2120a of this title issues recommendations with respect
to the officer.
``(B) Unless the Secretary determines that a further delay
is necessary in the public interest, a promotion may not be
delayed under this subsection for more than one year after the
date the officer would otherwise have been promoted.
``(3) An officer whose promotion is delayed under this subsection
and who is subsequently promoted shall be given the date of rank and
position on the active duty promotion list in the grade to which
promoted that he would have held had his promotion not been so
delayed.''.
SEC. 264. PARTNERSHIP PROGRAM TO DIVERSIFY THE COAST GUARD.
(a) Establishment.--The Commandant shall establish a program for
the purpose of increasing the number of underrepresented minorities in
the enlisted ranks of the Coast Guard.
(b) Partnerships.--In carrying out the program established under
subsection (a), the Commandant shall--
(1) seek to enter into 1 or more partnerships with eligible
entities--
(A) to increase the visibility of Coast Guard
careers;
(B) to promote curriculum development--
(i) to enable acceptance into the Coast
Guard; and
(ii) to improve success on relevant exams,
such as the Armed Services Vocational Aptitude
Battery; and
(C) to provide mentoring for students entering and
beginning Coast Guard careers; and
(2) enter into a partnership with an existing Junior
Reserve Officers' Training Corps for the purpose of promoting
Coast Guard careers.
(c) Eligible Institution Defined.--In this section, the term
``eligible institution'' means--
(1) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001));
(2) an institution that provides a level of educational
attainment that is less than a bachelor's degree;
(3) a part B institution (as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061));
(4) a Tribal College or University (as defined in section
316(b) of that Act (20 U.S.C. 1059c(b)));
(5) a Hispanic-serving institution (as defined in section
502 of that Act (20 U.S.C. 1101a));
(6) an Alaska Native-serving institution or a Native
Hawaiian-serving institution (as defined in section 317(b) of
that Act (20 U.S.C. 1059d(b)));
(7) a Predominantly Black institution (as defined in
section 371(c) of that Act (20 U.S.C. 1071q(c)));
(8) an Asian American and Native American Pacific Islander-
serving institution (as defined in such section); and
(9) a Native American-serving nontribal institution (as
defined in such section).
SEC. 265. EXPANSION OF COAST GUARD JUNIOR RESERVE OFFICERS' TRAINING
CORPS.
(a) In General.--Section 320 of title 14, United States Code, is
amended--
(1) by redesignating subsection (c) as subsection (d);
(2) in subsection (b), by striking ``subsection (c)'' and
inserting ``subsection (d)''; and
(3) by inserting after subsection (b) the following:
``(c) Scope.--Beginning on December 31, 2025, the Secretary of the
department in which the Coast Guard is operating shall maintain at all
times a Junior Reserve Officers' Training Corps program with not fewer
than 1 such program established in each Coast Guard district.''.
(b) Cost Assessment.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall provide to Congress an estimate of the
costs associated with implementing the amendments made by this section.
SEC. 266. IMPROVING REPRESENTATION OF WOMEN AND RACIAL AND ETHNIC
MINORITIES AMONG COAST GUARD ACTIVE-DUTY MEMBERS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, in consultation with the Advisory Board on Women
at the Coast Guard Academy established under section 1904 of title 14,
United States Code, and the minority outreach team program established
by section 1905 of such title, the Commandant shall--
(1) determine which recommendations in the RAND
representation report may 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 Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the actions the Commandant has
taken, or plans to take, to implement such recommendations.
(b) Curriculum and Training.--In the case of any action the
Commandant plans to take to implement recommendations described in
subsection (a)(1) that relate to modification or development of
curriculum and training, such modified curriculum and trainings shall
be provided at officer and accession points and at leadership courses
managed by the Coast Guard Leadership Development Center.
(c) Definition of RAND Representation Report.--In this section, the
term ``RAND representation report'' means the report of the Homeland
Security Operational Analysis Center of the RAND Corporation entitled
``Improving the Representation of Women and Racial/Ethnic Minorities
Among U.S. Coast Guard Active-Duty Members'' issued on August 11, 2021.
SEC. 267. STRATEGY TO ENHANCE DIVERSITY THROUGH RECRUITMENT AND
ACCESSION.
(a) In General.--The Commandant shall develop a 10-year strategy to
enhance Coast Guard diversity through recruitment and accession--
(1) at educational institutions at the high school and
higher education levels; and
(2) for the officer and enlisted ranks.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the strategy
developed under subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of existing Coast Guard
recruitment and accession programs at educational
institutions at the high school and higher education
levels.
(B) An explanation of the manner in which the
strategy supports the Coast Guard's overall diversity
and inclusion action plan.
(C) A description of the manner in which existing
programs and partnerships will be modified or expanded
to enhance diversity in recruiting and accession at the
high school and higher education levels.
SEC. 268. SUPPORT FOR COAST GUARD ACADEMY.
(a) In General.--Subchapter II of chapter 9 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 953. Support for Coast Guard Academy
``(a) Authority.--
``(1) Contracts and cooperative agreements.--(A) The
Commandant may enter contract and cooperative agreements with 1
or more qualified organizations for the purpose of supporting
the athletic programs of the Coast Guard Academy.
``(B) Notwithstanding section 2304(k) of title 10, the
Commandant may enter into such contracts and cooperative
agreements on a sole source basis pursuant to section
2304(c)(5) of title 10.
``(C) Notwithstanding chapter 63 of title 31, a cooperative
agreement under this section may be used to acquire property or
services for the direct benefit or use of the Coast Guard
Academy.
``(2) Financial controls.--(A) Before entering into a
contract or cooperative agreement under paragraph (1), the
Commandant shall ensure that the contract or agreement includes
appropriate financial controls to account for the resources of
the Coast Guard Academy and the qualified organization
concerned in accordance with accepted accounting principles.
``(B) Any such contract or cooperative agreement shall
contain a provision that allows the Commandant to review, as
the Commandant considers necessary, the financial accounts of
the qualified organization to determine whether the operations
of the qualified organization--
``(i) are consistent with the terms of the contract
or cooperative agreement; and
``(ii) would compromise the integrity or appearance
of integrity of any program of the Department of
Homeland Security.
``(3) Leases.--For the purpose of supporting the athletic
programs of the Coast Guard Academy, the Commandant may,
consistent with section 504(a)(13), rent or lease real property
located at the Coast Guard Academy to a qualified organization,
except that proceeds from such a lease shall be retained and
expended in accordance with subsection (f).
``(b) Support Services.--
``(1) Authority.--To the extent required by a contract or
cooperative agreement under subsection (a), the Commandant may
provide support services to a qualified organization while the
qualified organization conducts its support activities at the
Coast Guard Academy only if the Commandant determines that the
provision of such services is essential for the support of the
athletic programs of the Coast Guard Academy.
``(2) No liability of the united states.--Support services
may only be provided without any liability of the United States
to a qualified organization.
``(3) Support services defined.--In this subsection, the
term `support services' includes utilities, office furnishings
and equipment, communications services, records staging and
archiving, audio and video support, and security systems, in
conjunction with the leasing or licensing of property.
``(c) Transfers From Nonappropriated Fund Operation.--(1) Except as
provided in paragraph (2), the Commandant may, subject to the
acceptance of the qualified organization concerned, transfer to the
qualified organization all title to and ownership of the assets and
liabilities of the Coast Guard nonappropriated fund instrumentality,
the function of which includes providing support for the athletic
programs of the Coast Guard Academy, including bank accounts and
financial reserves in the accounts of such fund instrumentality,
equipment, supplies, and other personal property.
``(2) The Commandant may not transfer under paragraph (1) any
interest in real property.
``(d) Acceptance of Support From Qualified Organization.--
``(1) In general.--Notwithstanding section 1342 of title
31, the Commandant may accept from a qualified organization
funds, supplies, and services for the support of the athletic
programs of the Coast Guard Academy.
``(2) Employees of qualified organization.--For purposes of
this section, employees or personnel of the qualified
organization may not be considered to be employees of the
United States.
``(3) Funds received from ncaa.--The Commandant may accept
funds from the National Collegiate Athletic Association to
support the athletic programs of the Coast Guard Academy.
``(4) Limitation.--The Commandant shall ensure that
contributions under this subsection and expenditure of funds
pursuant to subsection (f)--
``(A) do not reflect unfavorably on the ability of
the Coast Guard, any employee of the Coast Guard, or
any member of the armed forces (as defined in section
101(a) of title 10) to carry out any responsibility or
duty in a fair and objective manner; or
``(B) compromise the integrity or appearance of
integrity of any program of the Coast Guard, or any
individual involved in such a program.
``(e) Trademarks and Service Marks.--
``(1) Licensing, marketing, and sponsorship agreements.--An
agreement under subsection (a) may, consistent with section
2260 of title 10 (other than subsection (d) of such section),
authorize a qualified organization to enter into licensing,
marketing, and sponsorship agreements relating to trademarks
and service marks identifying the Coast Guard Academy, subject
to the approval of the Commandant.
``(2) Limitations.--A licensing, marketing, or sponsorship
agreement may not be entered into under paragraph (1) if--
``(A) such agreement would reflect unfavorably on
the ability of the Coast Guard, any employee of the
Coast Guard, or any member of the armed forces to carry
out any responsibility or duty in a fair and objective
manner; or
``(B) the Commandant determines that the use of the
trademark or service mark would compromise the
integrity or appearance of integrity of any program of
the Coast Guard or any individual involved in such a
program.
``(f) Retention and Use of Funds.--Funds received by the Commandant
under this section may be retained for use to support the athletic
programs of the Coast Guard Academy and shall remain available until
expended.
``(g) Service on Qualified Organization Board of Directors.--A
qualified organization is a designated entity for which authorization
under sections 1033(a) and 1589(a) of title 10, may be provided.
``(h) Conditions.--The authority provided in this section with
respect to a qualified organization is available only so long as the
qualified organization continues--
``(1) to qualify as a nonprofit organization under section
501(c)(3) of the Internal Revenue Code of 1986 and operates in
accordance with this section, the law of the State of
Connecticut, and the constitution and bylaws of the qualified
organization; and
``(2) to operate exclusively to support the athletic
programs of the Coast Guard Academy.
``(i) Qualified Organization Defined.--In this section, the term
`qualified organization' means an organization--
``(1) described in subsection (c)(3) of section 501 of the
Internal Revenue Code of 1986 and exempt from taxation under
subsection (a) of that section; and
``(2) established by the Coast Guard Academy Alumni
Association solely for the purpose of supporting Coast Guard
athletics.
``Sec. 954. Mixed-funded athletic and recreational extracurricular
programs: authority to manage appropriated funds in same
manner as nonappropriated funds
``(a) Authority.--In the case of a Coast Guard Academy mixed-funded
athletic or recreational extracurricular program, the Commandant may
designate funds appropriated to the Coast Guard and available for that
program to be treated as nonappropriated funds and expended for that
program in accordance with laws applicable to the expenditure of
nonappropriated funds. Appropriated funds so designated shall be
considered to be nonappropriated funds for all purposes and shall
remain available until expended.
``(b) Covered Programs.--In this section, the term `Coast Guard
Academy mixed-funded athletic or recreational extracurricular program'
means an athletic or recreational extracurricular program of the Coast
Guard Academy to which each of the following applies:
``(1) The program is not considered a morale, welfare, or
recreation program.
``(2) The program is supported through appropriated funds.
``(3) The program is supported by a nonappropriated fund
instrumentality.
``(4) The program is not a private organization and is not
operated by a private organization.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
9 title 14 United States Code, is amended by adding at the end the
following:
``953. Support for Coast Guard Academy.
``954. Mixed-funded athletic and recreational extracurricular programs:
authority to manage appropriated funds in
same manner as nonappropriated funds.''.
SEC. 269. TRAINING FOR CONGRESSIONAL AFFAIRS PERSONNEL.
(a) In General.--Section 315 of title 14, United States Code, is
amended to read as follows:
``Sec. 315. Training for congressional affairs personnel
``(a) In General.--The Commandant shall develop a training course,
which shall be administered in person, on the workings of Congress for
any member of the Coast Guard selected for a position as a fellow,
liaison, counsel, administrative staff for the Coast Guard Office of
Congressional and Governmental Affairs, or any Coast Guard district or
area governmental affairs officer.
``(b) Course Subject Matter.--
``(1) In general.--The training course required by this
section shall provide an overview and introduction to Congress
and the Federal legislative process, including--
``(A) the congressional budget process;
``(B) the congressional appropriations process;
``(C) the congressional authorization process;
``(D) the Senate advice and consent process for
Presidential nominees;
``(E) the Senate advice and consent process for
treaty ratification;
``(F) the roles of Members of Congress and
congressional staff in the legislative process;
``(G) the concept and underlying purposes of
congressional oversight within the governance framework
of separation of powers;
``(H) the roles of Coast Guard fellows, liaisons,
counsels, governmental affairs officers, the Coast
Guard Office of Program Review, the Coast Guard
Headquarters program offices, and any other entity the
Commandant considers relevant; and
``(I) the roles and responsibilities of Coast Guard
public affairs and external communications personnel
with respect to Members of Congress and their staff
necessary to enhance communication between Coast Guard
units, sectors, and districts and Member offices and
committees of jurisdiction so as to ensure visibility
of Coast Guard activities.
``(2) Detail within coast guard office of budget and
programs.--
``(A) In general.--At the written request of the
receiving congressional office, the training course
required by this section shall include a multi-day
detail within the Coast Guard Office of Budget and
Programs to ensure adequate exposure to Coast Guard
policy, oversight, and requests from Congress.
``(B) Nonconsecutive detail permitted.--A detail
under this paragraph is not required to be consecutive
with the balance of the training.
``(c) Completion of Required Training.--A member of the Coast Guard
selected for a position described in subsection (a) shall complete the
training required by this section before the date on which such member
reports for duty for such position.''.
SEC. 270. STRATEGY FOR RETENTION OF CUTTERMEN.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall publish a strategy to
improve incentives to attract and retain a diverse workforce serving on
Coast Guard cutters.
(b) Elements.--The strategy required by subsection (a) shall
include the following:
(1) Policies to improve flexibility in the afloat career
path, including a policy that enables members of the Coast
Guard serving on Coast Guard cutters to transition between
operations afloat and operations ashore assignments without
detriment to their career progression.
(2) A review of current officer requirements for afloat
positions at each pay grade, and an assessment as to whether
such requirements are appropriate or present undue limitations.
(3) Strategies to improve crew comfort afloat, such as
berthing modifications to accommodate mixed-gender crew and
gender-nonconforming crew.
(4) Actionable steps to improve access to highspeed
internet capable of video conference for the purposes of
medical, educational, and personal use by members of the Coast
Guard serving on Coast Guard cutters.
(5) An assessment of the effectiveness of bonuses to
attract members to serve at sea and retain talented members of
the Coast Guard serving on Coast Guard cutters to serve as
leaders in senior enlisted positions, department head
positions, and command positions.
(6) Policies to ensure that high-performing members of the
Coast Guard serving on Coast Guard cutters are competitive for
special assignments, postgraduate education, senior service
schools, and other career-enhancing positions.
SEC. 271. STUDY ON EXTREMISM IN THE COAST GUARD.
(a) Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall commence a study on the presence of
extremism within the workforce of the Coast Guard.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) An assessment of--
(i) the extent to which extremist
ideologies, including ideologies that
encourage, or could lead to, violence, exists
within the workforce of the Coast Guard;
(ii) the unique challenges the Coast Guard
faces in addressing such ideologies within the
workforce of the Coast Guard; and
(iii) the manner in which such ideologies
are introduced into the workforce of the Coast
Guard.
(B) Recommendations on ways to address and
eradicate any such ideologies within the workforce of
the Coast Guard.
(b) Report.--Not later than 1 year after commencing the study
required by subsection (a), the Comptroller General 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 findings of the study, including a
description of the recommendations under paragraph (2) of that
subsection.
(c) Briefing.--Not later than 90 days after the date on which the
report is submitted under subsection (b), the Commandant shall provide
a briefing to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives regarding the recommendations described in
the report.
SEC. 272. STUDY ON PERFORMANCE OF COAST GUARD FORCE READINESS COMMAND.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall commence a study on the performance of the Coast Guard Force
Readiness Command.
(b) Elements.--The study required by subsection (a) shall include
an assessment of the following:
(1) The actions the Force Readiness Command has taken to
develop and implement training for the Coast Guard workforce.
(2) The extent to which the Force Readiness Command--
(A) has assessed performance, policy, and training
compliance across Force Readiness Command headquarters
and field units, and the results of any such
assessment; and
(B) is modifying and expanding Coast Guard training
to match the future demands of the Coast Guard with
respect to growth in workforce numbers, modernization
of assets and infrastructure, and increased global
mission demands relating to the Arctic and Western
Pacific regions and cyberspace.
(c) Report.--Not later than 1 year after the study required by
subsection (a) commences, the Comptroller General 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 findings of the study.
SEC. 273. STUDY ON FREQUENCY OF WEAPONS TRAINING FOR COAST GUARD
PERSONNEL.
(a) In General.--The Commandant shall conduct a study to assess
whether current weapons training required for Coast Guard law
enforcement and other relevant personnel is sufficient.
(b) Elements.--The study required by subsection (a) shall--
(1) assess whether there is a need to improve weapons
training for Coast Guard law enforcement and other relevant
personnel; and
(2) identify--
(A) the frequency of such training most likely to
ensure adequate weapons training, proficiency, and
safety among such personnel;
(B) Coast Guard law enforcement and other
applicable personnel who should be prioritized to
receive such improved training; and
(C) any challenge posed by a transition to
improving such training and offering such training more
frequently, and the resources necessary to address such
a challenge.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the findings of the study conducted under subsection (a).
Subtitle G--Miscellaneous Provisions
SEC. 281. BUDGETING OF COAST GUARD RELATING TO CERTAIN OPERATIONS.
(a) In General.--Chapter 51 of title 14, United States Code, as
amended by section 252(b), is further amended by adding at the end the
following:
``Sec. 5114. Expenses of performing and executing defense readiness
missions and other activities unrelated to Coast Guard
missions
``The Commandant 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 related expenses, costs, or matters the
Commandant considers appropriate or otherwise of interest to
Congress.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 14,
United States Code, as amended by section 252(b), is further amended by
adding at the end the following:
``5114. Expenses of performing and executing defense readiness missions
or other activities unrelated to Coast
Guard missions.''.
SEC. 282. COAST GUARD ASSISTANCE TO UNITED STATES SECRET SERVICE.
Section 6 of the Presidential Protection Assistance Act of 1976
(18 U.S.C. 3056 note) is amended--
(1) by striking ``Executive departments'' and inserting the
following:
``(a) Except as provided in subsection (b), Executive
departments'';
(2) by striking ``Director; except that the Department of
Defense and the Coast Guard shall provide such assistance'' and
inserting the following: ``Director.
``(b)(1) Subject to paragraph (2), the Department of Defense and
the Coast Guard shall provide assistance described in subsection (a)'';
and
(3) by adding at the end the following:
``(2)(A) For fiscal year 2022, and each fiscal year thereafter, the
total cost of assistance described in subsection (a) provided by the
Coast Guard on a nonreimbursable basis shall not exceed $15,000,000.
``(B) The Coast Guard may provide assistance described in
subsection (a) during a fiscal year in addition to the amount specified
in subparagraph (A) on a reimbursable basis.''.
SEC. 283. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.
(a) Transfer.--Section 914 of the Coast Guard Authorization Act of
2010 (14 U.S.C. 501 note; Public Law 111-281) is--
(1) transferred to subchapter I of chapter 5 of title 14,
United States Code;
(2) added at the end so as to follow section 508 of such
title;
(3) redesignated as section 509 of such title; and
(4) amended so that the enumerator, the section heading,
typeface, and typestyle conform to those appearing in other
sections of title 14, United States Code.
(b) Clerical Amendments.--
(1) 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.
(2) Title 14.--The analysis for subchapter I of chapter 5
of title 14, United States Code, is amended by adding at the
end the following:
``509. Conveyance of Coast Guard vessels for public purposes.''.
(c) Conveyance of Coast Guard Vessels for Public Purposes.--Section
509 of title 14, United States Code, as transferred and redesignated by
subsection (a), is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--On request by the Commandant, the Administrator
of the General Services Administration may transfer ownership of a
Coast Guard vessel or aircraft to an eligible entity 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 the request were
being processed'' after ``vessels''; and
(ii) by inserting ``, as in effect on the
date of the enactment of the Coast Guard
Authorization Act of 2022'' after ``Code of
Federal Regulations'';
(B) in paragraph (2) by inserting ``, as in effect
on the date of the enactment of the Coast Guard
Authorization Act of 2022'' after ``such title''; and
(C) in paragraph (3), by striking ``of the Coast
Guard''.
SEC. 284. COAST GUARD INTELLIGENCE ACTIVITIES AND EMERGENCY AND
EXTRAORDINARY EXPENSES.
(a) In General.--Subject to the limitations of subsection (b) and
with sums made available to the Director of the Coast Guard
Counterintelligence Service, the Commandant may expend funds for human
intelligence and counterintelligence activities of any confidential,
emergency, or extraordinary nature that cannot be anticipated or
classified. The Commandant shall certify that such expenditure was made
for an object of a confidential, emergency, or extraordinary nature and
such a certification is final and conclusive upon the accounting
officers of the United States. A written certification by the
Commandant is sufficient voucher for the expenditure.
(b) Limitations.--
(1) Maximum annual amount.--For each fiscal year, the
Commandant may not obligate or expend funds under subsection
(a) in an amount that exceeds 5 percent of the funds made
available to the Director of the Coast Guard
Counterintelligence Service for such fiscal year until--
(A) the Commandant has notified the appropriate
committees of Congress of the intent to obligate or
expend the funds in excess of such amount; and
(B) 15 days have elapsed since the date of the
notification in accordance with subparagraph (A).
(2) Requirements for expenditures in excess of $25,000.--
The Commandant may not obligate or expend funds under
subsection (a) for an expenditure in excess of $25,000 until--
(A) the Commandant has notified the appropriate
committees of Congress of the intent to obligate or
expend the funds; and
(B) 15 days have elapsed since the date of the
notification in accordance with subparagraph (A).
(c) Waiver.--Notwithstanding subsection (b), the Commandant may
waive a requirement under such subsection if the Commandant determines
that such a waiver is necessary due to extraordinary circumstances that
affect the national security of the United States. If the Commandant
issues a waiver under this subsection, the Commandant shall submit to
the appropriate committees of Congress, by not later than 48 hours
after issuing the waiver, written notice of and justification for the
waiver.
(d) Reports.--
(1) In general.--Not less frequently than semiannually, the
Commandant shall--
(A) submit to the appropriate committees of
Congress a report on all expenditures during the
preceding semiannual period under subsection (a); and
(B) provide a briefing to the appropriate
committees of Congress on the report submitted under
subparagraph (A).
(2) Contents.--Each report submitted under paragraph (1)(A)
shall include, for each individual expenditure covered by such
report in an amount in excess of $25,000, the following:
(A) A detailed description of the purpose of such
expenditure.
(B) The amount of such expenditure.
(C) An identification of the approving authority
for such expenditure.
(D) A justification of why other authorities
available to the Coast Guard could not be used for such
expenditure.
(E) Any other additional information as the
Commandant considers appropriate.
(e) Special Rule.--The authority of this section shall be executed
in a manner that does not contravene, and is consistent with, the
responsibility and authority of the Director of National Intelligence
as described in sections 3023 and 3024 of title 50, United States Code.
(f) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Transportation and Infrastructure of
the House of Representatives.
SEC. 285. TRANSFER AND CONVEYANCE.
(a) In General.--
(1) Requirement.--The Commandant shall, without
consideration, transfer in accordance with subsection (b) and
convey in accordance with subsection (c) a parcel of the real
property described in paragraph (2), including any improvements
thereon, to free the Coast Guard of liability for any
unforeseen environmental or remediation of substances unknown
that may exist on, or emanate from, such parcel.
(2) Property.--The property described in this paragraph is
real property at Dauphin Island, Alabama, located at 100
Agassiz Street, and consisting of a total of approximately
35.63 acres. The exact acreage and legal description of the
parcel of such property to be transferred or conveyed in
accordance with subsection (b) or (c), respectively, shall be
determined by a survey satisfactory to the Commandant.
(b) To the Secretary of Health and Human Services.--The Commandant
shall transfer, as described in subsection (a), to the Secretary of
Health and Human Services (in this section referred to as the
``Secretary''), for use by the Food and Drug Administration, custody
and control of a portion, consisting of approximately 4 acres, of the
parcel of real property described in such subsection, to be identified
by agreement between the Commandant and the Secretary.
(c) To the State of Alabama.--The Commandant shall convey, as
described in subsection (a), to the Marine Environmental Sciences
Consortium, a unit of the government of the State of Alabama, located
at Dauphin Island, Alabama, all rights, title, and interest of the
United States in and to such portion of the parcel described in such
subsection that is not transferred to the Secretary under subsection
(b).
(d) Payments and Costs of Transfer and Conveyance.--
(1) Payments.--
(A) In general.--The Secretary shall pay costs to
be incurred by the Coast Guard, or reimburse the Coast
Guard for such costs incurred by the Coast Guard, to
carry out the transfer and conveyance required by this
section, including survey costs, appraisal costs, costs
for environmental documentation related to the transfer
and conveyance, and any other necessary administrative
costs related to the transfer and conveyance.
(B) Funds.--Notwithstanding section 780 of division
B of the Further Consolidated Appropriations Act, 2020
(Public Law 116-94), any amounts that are made
available to the Secretary under such section and not
obligated on the date of enactment of this Act shall be
available to the Secretary for the purpose described in
subparagraph (A).
(2) Treatment of amounts received.--Amounts received by the
Commandant as reimbursement under paragraph (1) shall be
credited to the Coast Guard Housing Fund established under
section 2946 of title 14, United States Code, or the account
that was used to pay the costs incurred by the Coast Guard in
carrying out the transfer or conveyance under this section, as
determined by the Commandant, and shall be made available until
expended. Amounts so credited shall be merged with amounts in
such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
SEC. 286. TRANSPARENCY AND OVERSIGHT.
(a) Notification.--
(1) In general.--Subject to subsection (b), the Secretary
of the department in which the Coast Guard is operating, or the
designee of the Secretary, shall notify the appropriate
committees of Congress and the Coast Guard Office of
Congressional and Governmental Affairs not later than 3 full
business days before--
(A) making or awarding a grant allocation or grant
in excess of $1,000,000;
(B) making or awarding a contract, other
transaction agreement, or task or delivery order on a
Coast Guard multiple award contract, or issuing a
letter of intent totaling more than $4,000,000;
(C) awarding a task or delivery order requiring an
obligation of funds in an amount greater than
$10,000,000 from multi-year Coast Guard funds;
(D) making a sole-source grant award; or
(E) announcing publicly the intention to make or
award an item described in subparagraph (A), (B), (C),
or (D), including a contract covered by the Federal
Acquisition Regulation.
(2) Element.--A notification under this subsection shall
include--
(A) the amount of the award;
(B) the fiscal year for which the funds for the
award were appropriated;
(C) the type of contract;
(D) an identification of the entity awarded the
contract, such as the name and location of the entity;
and
(E) the account from which the funds are to be
drawn.
(b) Exception.--If the Secretary of the department in which the
Coast Guard is operating determines that compliance with subsection (a)
would pose a substantial risk to human life, health, or safety, the
Secretary--
(1) may make an award or issue a letter described in that
subsection without the notification required under that
subsection; and
(2) shall notify the appropriate committees of Congress not
later than 5 full business days after such an award is made or
letter issued.
(c) Applicability.--Subsection (a) shall not apply to funds that
are not available for obligation.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate; and
(2) the Committee on Transportation and Infrastructure and
the Committee on Appropriations of the House of
Representatives.
SEC. 287. STUDY ON SAFETY INSPECTION PROGRAM FOR CONTAINERS AND
FACILITIES.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commandant, in consultation with the
Commissioner of U.S. Customs and Border Protection, shall complete a
study on the safety inspection program for containers (as defined in
section 80501 of title 46, United States Code) and designated
waterfront facilities receiving containers.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) An evaluation and review of such safety inspection
program.
(2) A determination of--
(A) the number of container inspections conducted
annually by the Coast Guard during the preceding 10-
year period, as compared to the number of containers
moved through United States ports annually during such
period; and
(B) the number of qualified Coast Guard container
and facility inspectors, and an assessment as to
whether, during the preceding 10-year period, there
have been a sufficient number of such inspectors to
carry out the mission of the Coast Guard.
(3) An evaluation of the training programs available to
such inspectors and the adequacy of such training programs
during the preceding 10-year period.
(4) An assessment as to whether such training programs
adequately prepare future leaders for leadership positions in
the Coast Guard.
(5) An identification of areas of improvement for such
program in the interest of commerce and national security, and
the costs associated with such improvements.
(c) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the findings of the study required by
subsection (a), including the personnel and resource requirements
necessary for such program.
TITLE III--ENVIRONMENT
SEC. 301. DEFINITION OF SECRETARY.
Except as otherwise specifically provided, in this title, the term
``Secretary'' means the Secretary of the department in which the Coast
Guard is operating.
Subtitle A--Marine Mammals
SEC. 311. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Natural Resources
of the House of Representatives.
(2) Core foraging habitats.--The term ``core foraging
habitats'' means areas--
(A) with biological and physical oceanographic
features that aggregate Calanus finmarchicus; and
(B) where North Atlantic right whales foraging
aggregations have been well documented.
(3) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given that term in section 107 of title
46, United States Code.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) Large cetacean.--The term ``large cetacean'' means all
endangered or threatened species within--
(A) the suborder Mysticeti;
(B) the genera Physeter; or
(C) the genera Orcinus.
(6) Near real-time.--The term ``near real-time'', with
respect to monitoring of whales, means that visual, acoustic,
or other detections of whales are transmitted and reported as
soon as technically feasible after such detections have
occurred.
(7) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code.
(8) Puget sound region.--The term ``Puget Sound region''
means the Vessel Traffic Service Puget Sound area described in
section 161.55 of title 33, Code of Federal Regulations (as of
the date of the enactment of this Act).
(9) Tribal government.--The term ``Tribal government''
means the recognized governing body of any Indian or Alaska
Native Tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of the enactment of this Act
pursuant to section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).
(10) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Oceans and Atmosphere.
SEC. 312. ASSISTANCE TO PORTS TO REDUCE THE IMPACTS OF VESSEL TRAFFIC
AND PORT OPERATIONS ON MARINE MAMMALS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary, in consultation with the
Director of the United States Fish and Wildlife Service, the Secretary,
the Secretary of Defense, and the Administrator of the Maritime
Administration, shall establish a grant program to provide assistance
to eligible entities to develop and implement mitigation measures that
will lead to a quantifiable reduction in threats to marine mammals from
shipping activities and port operations.
(b) Eligible Entities.--An entity is an eligible entity for
purposes of assistance awarded under subsection (a) if the entity is--
(1) a port authority for a port;
(2) a State, regional, local, or Tribal government, or an
Alaska Native or Native Hawaiian entity that has jurisdiction
over a maritime port authority or a port;
(3) an academic institution, research institution, or
nonprofit organization working in partnership with a port; or
(4) a consortium of entities described in paragraphs (1),
(2), and (3).
(c) Eligible Uses.--Assistance awarded under subsection (a) may be
used to develop, assess, and carry out activities that reduce threats
to marine mammals by--
(1) reducing underwater stressors related to marine
traffic;
(2) reducing mortality and serious injury from vessel
strikes and other physical disturbances;
(3) monitoring sound;
(4) reducing vessel interactions with marine mammals;
(5) conducting other types of monitoring that are
consistent with reducing the threats to, and enhancing the
habitats of, marine mammals; or
(6) supporting State agencies and Tribal governments in
developing the capacity to receive assistance under this
section through education, training, information sharing, and
collaboration to participate in the grant program under this
section.
(d) Priority.--The Under Secretary shall prioritize assistance
under subsection (a) for projects that--
(1) are based on the best available science with respect to
methods to reduce threats to marine mammals;
(2) collect data on the reduction of such threats and the
effects of such methods;
(3) assist ports that pose a higher relative threat to
marine mammals listed as threatened or endangered under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(4) are in close proximity to areas in which threatened or
endangered cetaceans are known to experience other stressors;
or
(5) allow eligible entities to conduct risk assessments and
to track progress toward threat reduction.
(e) Outreach.--The Under Secretary, in coordination with the
Secretary, the Administrator of the Maritime Administration, and the
Director of the United States Fish and Wildlife Service, as
appropriate, shall conduct coordinated outreach to ports to provide
information with respect to--
(1) how to apply for assistance under subsection (a);
(2) the benefits of such assistance; and
(3) facilitation of best practices and lessons, including
the best practices and lessons learned from activities carried
out using such assistance.
(f) Report Required.--Not less frequently than annually, the Under
Secretary shall make available to the public on a publicly accessible
internet website of the National Oceanic and Atmospheric Administration
a report that includes the following information:
(1) The name and location of each entity to which
assistance was awarded under subsection (a) during the year
preceding submission of the report.
(2) The amount of each such award.
(3) A description of the activities carried out with each
such award.
(4) An estimate of the likely impact of such activities on
the reduction of threats to marine mammals.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Under Secretary to carry out this section $10,000,000 for
each of fiscal years 2023 through 2028.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) shall
remain available until expended.
(h) Savings Clause.--An activity may not be carried out under this
section if the Secretary of Defense, in consultation with the Under
Secretary, determines that the activity would negatively impact the
defense readiness or the national security of the United States.
SEC. 313. NEAR REAL-TIME MONITORING AND MITIGATION PROGRAM FOR LARGE
CETACEANS.
(a) Establishment.--The Under Secretary for Commerce for Oceans and
Atmosphere, in coordination with the heads of other relevant Federal
agencies, shall design and deploy a cost-effective, efficient, and
results-oriented near real-time monitoring and mitigation program for
endangered or threatened cetaceans (referred to in this section as the
``Program'').
(b) Purpose.--The purpose of the Program shall be to reduce the
risk to large cetaceans posed by vessel collisions, and to minimize
other impacts on large cetaceans, through the use of near real-time
location monitoring and location information.
(c) Requirements.--The Program shall--
(1) prioritize species of large cetaceans for which impacts
from vessel collisions are of particular concern;
(2) prioritize areas where such impacts are of particular
concern;
(3) be capable of detecting and alerting ocean users and
enforcement agencies of the probable location of large
cetaceans on an actionable real-time basis, including through
real-time data whenever possible;
(4) inform sector-specific mitigation protocols to
effectively reduce takes (as defined in section 216.3 of title
50, Code of Federal Regulations, or successor regulations) of
large cetaceans;
(5) integrate technology improvements; and
(6) be informed by technologies, monitoring methods, and
mitigation protocols developed under the pilot project required
by subsection (d).
(d) Pilot Project.--
(1) Establishment.--In carrying out the Program, the Under
Secretary shall first establish a pilot monitoring and
mitigation project for North Atlantic right whales (referred to
in this section as the ``pilot project'') for the purposes of
informing the Program.
(2) Requirements.--In designing and deploying the pilot
project, the Under Secretary, in coordination with the heads of
other relevant Federal agencies, shall, using the best
available scientific information, identify and ensure coverage
of--
(A) core foraging habitats; and
(B) important feeding, breeding, calving, rearing,
or migratory habitats of North Atlantic right whales
that co-occur with areas of high risk of mortality or
serious injury of such whales from vessels, vessel
strikes, or disturbance.
(3) Components.--Not later than 3 years after the date of
the enactment of this Act, the Under Secretary, in consultation
with relevant Federal agencies and 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 power,
spatial coverage, and survey effort to detect and
localize North Atlantic right whales within core
foraging habitats;
(B) is capable of detecting North Atlantic right
whales, including visually and acoustically;
(C) uses dynamic habitat suitability models to
inform the likelihood of North Atlantic right whale
occurrence in core foraging habitat at any given time;
(D) coordinates with the Integrated Ocean Observing
System of the National Oceanic and Atmospheric
Administration and Regional Ocean Partnerships to
leverage monitoring assets;
(E) integrates historical data;
(F) integrates new near real-time monitoring
methods and technologies as such methods and
technologies become available;
(G) accurately verifies and rapidly communicates
detection data to appropriate ocean users;
(H) creates standards for contributing, and allows
ocean users to contribute, data to the monitoring
system using comparable near real-time monitoring
methods and technologies;
(I) communicates the risks of injury to large
cetaceans to ocean users in a manner that is most
likely to result in informed decision-making regarding
the mitigation of those risks; and
(J) minimizes additional stressors to large
cetaceans as a result of the information available to
ocean users.
(4) Reports.--
(A) Preliminary report.--
(i) In general.--Not later than 2 years
after the date of the enactment of this Act,
the Under Secretary shall submit to the
Committee on Commerce, Science, and
Transportation of the Senate and the Committee
on Natural Resources of the House of
Representatives, and make available to the
public, a preliminary report on the pilot
project.
(ii) Elements.--The report required by
clause (i) shall include the following:
(I) A description of the monitoring
methods and technology in use or
planned for deployment under the pilot
project.
(II) An analysis of the efficacy of
the methods and technology in use or
planned for deployment for detecting
North Atlantic right whales.
(III) An assessment of the manner
in which the monitoring system designed
and deployed under paragraph (3) is
directly informing and improving the
management, health, and survival of
North Atlantic right whales.
(IV) A prioritized identification
of technology or research gaps.
(V) A plan to communicate the risks
of injury to large cetaceans to ocean
users in a manner that is most likely
to result in informed decision making
regarding the mitigation of such risks.
(VI) Any other information on the
potential benefits and efficacy of the
pilot project the Under Secretary
considers appropriate.
(B) Final report.--
(i) In general.--Not later than 6 years
after the date of the enactment of this Act,
the Under Secretary, in coordination with the
heads of other relevant Federal agencies, shall
submit to the Committee on Commerce, Science,
and Transportation of the Senate and the
Committee on Natural Resources of the House of
Representatives, and make available to the
public, a final report on the pilot project.
(ii) Elements.--The report required by
clause (i) shall--
(I) address the elements under
subparagraph (A)(ii); and
(II) include--
(aa) an assessment of the
benefits and efficacy of the
pilot project;
(bb) a strategic plan to
expand the pilot project to
provide near real-time
monitoring and mitigation
measures--
(AA) to additional
large cetaceans of
concern for which such
measures would reduce
risk of serious injury
or death; and
(BB) in important
feeding, breeding,
calving, rearing, or
migratory habitats of
large cetaceans that
co-occur with areas of
high risk of mortality
or serious injury from
vessel strikes or
disturbance;
(cc) a budget and
description of funds necessary
to carry out such strategic
plan;
(dd) a prioritized plan for
acquisition, deployment, and
maintenance of monitoring
technologies; and
(ee) the locations or
species to which such plan
would apply.
(e) Mitigation Protocols.--The Under Secretary, in consultation
with the Secretary, the Secretary of Defense, the Secretary of
Transportation, and the Secretary of the Interior, and with input from
affected stakeholders, shall develop and deploy mitigation protocols
that make use of the monitoring system designed and deployed under
subsection (d)(3) to direct sector-specific mitigation measures that
avoid and significantly reduce risk of serious injury and mortality to
North Atlantic right whales.
(f) Access to Data.--The Under Secretary shall provide access to
data generated by the monitoring system designed and deployed under
subsection (d)(3) for purposes of scientific research and evaluation
and public awareness and education, including through the Right Whale
Sighting Advisory System of the National Oceanic and Atmospheric
Administration and WhaleMap or other successor public internet website
portals, subject to review for national security considerations.
(g) Additional Authority.--The Under Secretary may enter into and
perform such contracts, leases, grants, or cooperative agreements as
may be necessary to carry out the purposes of this section on such
terms as the Under Secretary considers appropriate, consistent with the
Federal Acquisition Regulation.
(h) Savings Clause.--An activity may not be carried out under this
section if the Secretary of Defense, in consultation with the Under
Secretary, determines that the activity would negatively impact the
defense readiness or the national security of the United States.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Under Secretary to support development, deployment,
application, and ongoing maintenance of the Program $5,000,000 for each
of fiscal years 2023 through 2027.
SEC. 314. PILOT PROGRAM TO ESTABLISH A CETACEAN DESK FOR PUGET SOUND
REGION.
(a) Establishment.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary, with the concurrence
of the Under Secretary, shall establish a pilot program to
establish a Cetacean Desk, which shall be--
(A) located and manned within the Puget Sound
Vessel Traffic Service; and
(B) designed--
(i) to improve coordination with the
maritime industry to reduce the risk of vessel
impacts to large cetaceans, including impacts
from vessel strikes, disturbances, and other
sources; and
(ii) to monitor the presence and location
of large cetaceans during the months during
which such large cetaceans are present in Puget
Sound, the Strait of Juan de Fuca, and the
United States portion of the Salish Sea.
(2) Duration and staffing.--The pilot program required by
paragraph (1)--
(A) shall--
(i) be for a duration of 4 years; and
(ii) require not more than 1 full-time
equivalent position, who shall also contribute
to other necessary Puget Sound Vessel Traffic
Service duties and responsibilities as needed;
and
(B) may be supported by other existing Federal
employees, as appropriate.
(b) Engagement With Vessel Operators.--
(1) In general.--Under the pilot program required by
subsection (a), the Secretary shall require personnel of the
Cetacean Desk to engage with vessel operators in areas where
large cetaceans have been seen or could reasonably be present
to ensure compliance with applicable laws, regulations, and
voluntary guidance, to reduce the impact of vessel traffic on
large cetaceans.
(2) Contents.--In engaging with vessel operators as
required by paragraph (1), personnel of the Cetacean Desk shall
communicate where and when sightings of large cetaceans have
occurred.
(c) Memorandum of Understanding.--The Secretary and the Under
Secretary may enter into a memorandum of understanding to facilitate
real-time sharing of data relating to large cetaceans between the Quiet
Sound program of the State of Washington, the National Oceanic and
Atmospheric Administration, and the Puget Sound Vessel Traffic Service,
and other relevant entities, as appropriate.
(d) Data.--The Under Secretary shall leverage existing data
collection methods, the pilot project required by section 313, and
public data to ensure accurate and timely information on the sighting
of large cetaceans.
(e) Consultations.--
(1) In general.--In carrying out the pilot program required
by subsection (a), the Secretary shall consult with Tribal
governments, the State of Washington, institutions of higher
education, the maritime industry, ports in the Puget Sound
region, and nongovernmental organizations.
(2) Coordination with canada.--When appropriate, the
Secretary shall coordinate with the Government of Canada,
consistent with policies and agreements relating to management
of vessel traffic in Puget Sound.
(f) Puget Sound Vessel Traffic Service Local Variance and Policy.--
The Secretary, with the concurrence of the Under Secretary and in
consultation with the Captain of the Port for the Puget Sound region--
(1) shall implement local variances, as authorized by
subsection (c) of section 70001 of title 46, United States
Code, to reduce the impact of vessel traffic on large
cetaceans; and
(2) may enter into cooperative agreements, in accordance
with subsection (d) of that section, with Federal, State, and
local officials to reduce the likelihood of vessel interactions
with protected large cetaceans, which may include--
(A) communicating marine mammal protection guidance
to vessels;
(B) training on requirements imposed by local,
State, Tribal, and Federal laws and regulations and
guidelines concerning--
(i) vessel buffer zones;
(ii) vessel speed;
(iii) seasonal no-go zones for vessels;
(iv) protected areas, including areas
designated as critical habitat, as applicable
to marine operations; and
(v) any other activities to reduce the
direct and indirect impact of vessel traffic on
large cetaceans;
(C) training to understand, utilize, and
communicate large cetacean location data; and
(D) training to understand and communicate basic
large cetacean detection, identification, and behavior,
including--
(i) cues of the presence of large cetaceans
such as spouts, water disturbances, breaches,
or presence of prey;
(ii) important feeding, breeding, calving,
and rearing habitats that co-occur with areas
of high risk of vessel strikes;
(iii) seasonal large cetacean migration
routes that co-occur with areas of high risk of
vessel strikes; and
(iv) areas designated as critical habitat
for large cetaceans.
(g) Report Required.--Not later than 1 year after the date of the
enactment of this Act, and every 2 years thereafter for the duration of
the pilot program under this section, the Commandant, in coordination
with the Under Secretary and the Administrator of the Maritime
Administration, shall submit to the appropriate congressional
committees a report that--
(1) evaluates the functionality, utility, reliability,
responsiveness, and operational status of the Cetacean Desk
established under the pilot program required by subsection (a),
including a quantification of reductions in vessel strikes to
large cetaceans as a result of the pilot program;
(2) assesses the efficacy of communication between the
Cetacean Desk and the maritime industry and provides
recommendations for improvements;
(3) evaluates the integration and interoperability of
existing data collection methods, as well as public data, into
the Cetacean Desk operations;
(4) assesses the efficacy of collaboration and stakeholder
engagement with Tribal governments, the State of Washington,
institutions of higher education, the maritime industry, ports
in the Puget Sound region, and nongovernmental organizations;
and
(5) evaluates the progress, performance, and implementation
of guidance and training procedures for Puget Sound Vessel
Traffic Service personnel, as required by subsection (f).
SEC. 315. MONITORING OCEAN SOUNDSCAPES.
(a) In General.--The Under Secretary shall maintain and expand an
ocean soundscape development program--
(1) to award grants to expand the deployment of Federal and
non-Federal observing and data management systems capable of
collecting measurements of underwater sound for purposes of
monitoring and analyzing baselines and trends in the underwater
soundscape to protect and manage marine life;
(2) to continue to develop and apply standardized forms of
measurements to assess sounds produced by marine animals,
physical processes, and anthropogenic activities; and
(3) after coordinating with the Secretary of Defense, to
coordinate and make accessible to the public the datasets,
modeling and analysis, and user-driven products and tools
resulting from observations of underwater sound funded through
grants awarded under paragraph (1).
(b) Coordination.--The program described in subsection (a) shall--
(1) include the Ocean Noise Reference Station Network of
the National Oceanic and Atmospheric Administration and the
National Park Service;
(2) use and coordinate with the Integrated Ocean Observing
System; and
(3) coordinate with the Regional Ocean Partnerships and the
Director of the United States Fish and Wildlife Service, as
appropriate.
(c) Priority.--In awarding grants under subsection (a), the Under
Secretary shall consider the geographic diversity of the recipients of
such grants.
(d) Savings Clause.--An activity may not be carried out under this
section if the Secretary of Defense, in consultation with the Under
Secretary, determines that the activity would negatively impact the
defense readiness or the national security of the United States.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $1,500,000 for each of fiscal years 2023 through 2028 to
carry out this section.
Subtitle B--Oil Spills
SEC. 321. IMPROVING OIL SPILL PREPAREDNESS.
The Under Secretary of Commerce for Oceans and Atmosphere shall
include in the Automated Data Inquiry for Oil Spills database (or a
successor database) used by National Oceanic and Atmospheric
Administration oil weathering models new data, including peer-reviewed
data, on properties of crude and refined oils, including data on
diluted bitumen, as such data becomes publicly available.
SEC. 322. WESTERN ALASKA OIL SPILL PLANNING CRITERIA.
(a) Alaska Oil Spill Planning Criteria Program.--
(1) In general.--Chapter 3 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 323. Western Alaska Oil Spill Planning Criteria Program
``(a) Establishment.--There is established within the Coast Guard a
Western Alaska Oil Spill Planning Criteria Program (referred to in this
section as the `Program') to develop and administer the Western Alaska
oil spill planning criteria.
``(b) Program Manager.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Commandant shall select a
permanent civilian career employee through a competitive search
process for a term not less than 5 years to serve as the
Western Alaska Oil Spill Criteria Program Manager (referred to
in this section as the `Program Manager')--
``(A) the primary duty of whom shall be to
administer the Program; and
``(B) who shall not be subject to frequent or
routine reassignment.
``(2) Conflicts of interest.--The individual selected to
serve as the Program Manager shall not have conflicts of
interest relating to entities regulated by the Coast Guard.
``(3) Duties.--
``(A) Development of guidance.--The Program Manager
shall develop guidance for--
``(i) approval, drills, and testing
relating to the Western Alaska oil spill
planning criteria; and
``(ii) gathering input concerning such
planning criteria from Federal agencies, State,
local, and Tribal governments, and relevant
industry and nongovernmental entities.
``(B) Assessments.--Not less frequently than once
every 5 years, the Program Manager shall--
``(i) assess whether such existing planning
criteria adequately meet the needs of vessels
operating in the geographic area; and
``(ii) identify methods for advancing
response capability so as to achieve, with
respect to a vessel, compliance with national
planning criteria.
``(C) Onsite verifications.--The Program Manager
shall address the relatively small number and limited
nature of verifications of response capabilities for
vessel response plans by increasing, within the
Seventeenth Coast Guard District, the quantity and
frequency of onsite verifications of the providers
identified in vessel response plans.
``(c) Training.--The Commandant shall enhance the knowledge and
proficiency of Coast Guard personnel with respect to the Program by--
``(1) developing formalized training on the Program that,
at a minimum--
``(A) provides in-depth analysis of--
``(i) the national planning criteria
described in part 155 of title 33, Code of
Federal Regulations (or successor regulations);
``(ii) alternative planning criteria;
``(iii) Western Alaska oil spill planning
criteria;
``(iv) Captain of the Port and Federal On-
Scene Coordinator authorities related to
activation of a vessel response plan;
``(v) the responsibilities of vessel owners
and operators in preparing a vessel response
plan for submission; and
``(vi) responsibilities of the Area
Committee, including risk analysis, response
capability, and development of alternative
planning criteria;
``(B) explains the approval processes of vessel
response plans that involve alternative planning
criteria or Western Alaska oil spill planning criteria;
and
``(C) provides instruction on the processes
involved in carrying out the actions described in
paragraphs (9)(D) and (9)(F) of section 311(j) of the
Federal Water Pollution Control Act (33 U.S.C.
1321(j)), including instruction on carrying out such
actions--
``(i) in any geographic area in the United
States; and
``(ii) specifically in the Seventeenth
Coast Guard District; and
``(2) providing such training to all Coast Guard personnel
involved in the Program.
``(d) Definitions.--In this section:
``(1) Alternative planning criteria.--The term `alternative
planning criteria' means criteria submitted under section
155.1065 or 155.5067 of title 33, Code of Federal Regulations
(or successor regulations), for vessel response plans.
``(2) Tribal.--The term `Tribal' means of or pertaining to
an Indian Tribe or a Tribal organization (as those terms are
defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)).
``(3) Vessel response plan.--The term `vessel response
plan' means a plan required to be submitted by the owner or
operator of a tank vessel or a nontank vessel under regulations
issued by the President under section 311(j)(5) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(j)(5)).
``(4) Western alaska oil spill planning criteria.--The term
`Western Alaska oil spill planning criteria' means the criteria
required under paragraph (9) of section 311(j) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(j)).''.
(2) Clerical amendment.--The analysis for chapter 3 of
title 14, United States Code, is amended by adding at the end
the following:
``323. Western Alaska Oil Spill Planning Criteria Program.''.
(b) Western Alaska Oil Spill Planning Criteria.--
(1) Amendment.--Section 311(j) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)) is amended by adding
at the end the following:
``(9) Alternative planning criteria program.--
``(A) Definitions.--In this paragraph:
``(i) Alternative planning criteria.--The
term `alternative planning criteria' means
criteria submitted under section 155.1065 or
155.5067 of title 33, Code of Federal
Regulations (or successor regulations), for
vessel response plans.
``(ii) Prince william sound captain of the
port zone.--The term `Prince William Sound
Captain of the Port Zone' means the area
described in section 3.85-15(b) of title 33,
Code of Federal Regulations (or successor
regulations).
``(iii) Secretary.--The term `Secretary'
means the Secretary of the Department in which
the Coast Guard is operating.
``(iv) Tribal.--The term `Tribal' means of
or pertaining to an Indian Tribe or a Tribal
organization (as those terms are defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)).
``(v) Vessel response plan.--The term
`vessel response plan' means a plan required to
be submitted by the owner or operator of a tank
vessel or a nontank vessel under regulations
issued by the President under paragraph (5).
``(vi) Western alaska captain of the port
zone.--The term `Western Alaska Captain of the
Port Zone' means the area described in section
3.85-15(a) of title 33, Code of Federal
Regulations (as in effect on the date of
enactment of this paragraph).
``(B) Requirement.--Except as provided in
subparagraph (I), for any part of the area of
responsibility of the Western Alaska Captain of the
Port Zone or the Prince William Sound Captain of the
Port Zone in which the Secretary has determined that
the national planning criteria established pursuant to
this subsection are inappropriate for a vessel
operating in that area, a response plan required under
paragraph (5) with respect to a discharge of oil for
such a vessel shall comply with the planning criteria
established under subparagraph (D)(i).
``(C) Relation to national planning criteria.--The
planning criteria established under subparagraph (D)(i)
shall, with respect to a discharge of oil from a vessel
described in subparagraph (B), apply in lieu of any
alternative planning criteria accepted for vessels
operating in that area prior to the date on which the
planning criteria under subparagraph (D)(i) are
established.
``(D) Establishment of planning criteria.--The
President, acting through the Commandant in
consultation with the Western Alaska Oil Spill Criteria
Program Manager established under section 323 of title
14, United States Code, shall establish--
``(i) Alaska oil spill planning criteria
for a worst case discharge of oil, and a
substantial threat of such a discharge, within
any part of the area of responsibility of the
Western Alaska Captain of the Port Zone or
Prince William Sound Captain of the Port Zone
in which the Secretary has determined that the
national planning criteria established pursuant
to this subsection are inappropriate for a
vessel operating in that area; and
``(ii) standardized submission, review,
approval, and compliance verification processes
for the planning criteria established under
clause (i), including the quantity and
frequency of drills and on-site verifications
of vessel response plans accepted pursuant to
those planning criteria.
``(E) Inclusions.--
``(i) In general.--The Western Alaska oil
spill planning criteria established under
subparagraph (D)(i) shall include planning
criteria for the following:
``(I) Mechanical oil spill response
resources that are required to be
located within that 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 that area.
``(III) Pre-identified vessels for
oil spill response that are capable of
operating in the ocean environment.
``(IV) Ensuring the availability of
at least 1 oil spill removal
organization that is classified by the
Coast Guard and that--
``(aa) is capable of
responding in all operating
environments in that area;
``(bb) controls oil spill
response resources of dedicated
and nondedicated resources
within that area, through
ownership, contracts,
agreements, or other means
approved by the President,
sufficient--
``(AA) to mobilize
and sustain a response
to a worst case
discharge of oil; and
``(BB) to contain,
recover, and
temporarily store
discharged oil;
``(cc) has pre-positioned
oil spill response resources in
strategic locations throughout
that area in a manner that
ensures the ability to support
response personnel, marine
operations, air cargo, or other
related logistics
infrastructure;
``(dd) has temporary
storage capability using both
dedicated and non-dedicated
assets located within that
area;
``(ee) has non-mechanical
oil spill response resources,
to be available under
contracts, agreements, or other
means approved by the
President, capable of
responding to a discharge of
persistent oil and a discharge
of nonpersistent oil, whether
the discharged oil was carried
by a vessel as fuel or cargo;
and
``(ff) considers
availability of wildlife
response resources for primary,
secondary, and tertiary
responses to support carcass
collection, sampling,
deterrence, rescue, and
rehabilitation of birds, sea
turtles, marine mammals,
fishery resources, and other
wildlife.
``(V) With respect to tank barges
carrying nonpersistent oil in bulk as
cargo, oil spill response resources
that are required to be carried on
board.
``(VI) Specifying a minimum length
of time that approval of a response
plan under this paragraph is valid.
``(VII) Managing wildlife
protection and rehabilitation,
including identified wildlife
protection and rehabilitation resources
in that area.
``(ii) Additional considerations.--The
Commandant may consider criteria regarding--
``(I) vessel routing measures
consistent with international routing
measure deviation protocols; and
``(II) maintenance of real-time
continuous vessel tracking, monitoring,
and engagement protocols with the
ability to detect and address vessel
operation anomalies.
``(F) Requirement for approval.--The President may
approve a response plan for a vessel under this
paragraph 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
subparagraph (D)(i).
``(G) Periodic audits.--The Secretary shall conduct
periodic audits to ensure compliance of vessel response
plans and oil spill removal organizations within the
Western Alaska Captain of the Port Zone and the Prince
William Sound Captain of the Port Zone with the
planning criteria under subparagraph (D)(i).
``(H) Review of determination.--Not less frequently
than once every 5 years, the Secretary shall review
each determination of the Secretary under subparagraph
(B) that the national planning criteria are
inappropriate for a vessel operating in the area of
responsibility of the Western Alaska Captain of the
Port Zone and the Prince William Sound Captain of the
Port Zone.
``(I) Savings provisions.--Nothing in this
paragraph 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;
``(ii) the requirements under this
subsection applicable to vessel response plans
for vessels operating within the area of
responsibility of the Prince William Sound
Captain of the Port Zone under 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.''.
(2) Establishment of alaska oil spill planning criteria.--
(A) Deadline.--Not later than 2 years after the
date of the enactment of this Act, the President shall
establish the planning criteria required to be
established under paragraph (9)(D)(i) of section 311(j)
of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)).
(B) Consultation.--In establishing the planning
criteria described in subparagraph (B), the President
shall consult with the Federal, State, local, and
Tribal agencies, and the owners and operators, that
would be subject to those planning criteria, oil spill
removal organizations, Alaska Native organizations, and
environmental nongovernmental organizations located
within the State of Alaska.
(C) Government-to-government consultation.--The
Secretary shall conduct government-to-government
consultation with federally recognized Indian Tribes,
as requested and appropriate for activities authorized
by this section.
(D) Congressional report.--Not later than 2 years
after the date of the enactment of this Act, the
Secretary shall submit to Congress a report describing
the status of implementation of paragraph (9) of
section 311(j) of the Federal Water Pollution Control
Act (33 U.S.C. 1321(j)).
SEC. 323. ACCIDENT AND INCIDENT NOTIFICATION RELATING TO PIPELINES.
(a) Repeal.--Subsection (c) of section 9 of the Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011 (49 U.S.C. 60117
note; Public Law 112-90) is repealed.
(b) Application.--Section 9 of the Pipeline Safety, Regulatory
Certainty, and Job Creation Act of 2011 (49 U.S.C. 60117 note; Public
Law 112-90) shall be applied and administered as if the subsection
repealed by subsection (a) had never been enacted.
SEC. 324. COAST GUARD CLAIMS PROCESSING COSTS.
Section 1012(a)(4) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(4)) is amended by striking ``damages;'' and inserting
``damages, including, in the case of a spill of national significance
that results in extraordinary Coast Guard claims processing activities,
the administrative and personnel costs of the Coast Guard to process
those claims (including the costs of commercial claims processing,
expert services, training, and technical services), subject to the
condition that the Coast Guard shall submit to Congress a report
describing the spill of national significance not later than 30 days
after the date on which the Coast Guard determines it necessary to
process those claims;''.
SEC. 325. CALCULATION OF INTEREST ON DEBT OWED TO THE NATIONAL
POLLUTION FUND.
Section 1005(b)(4) of the Oil Pollution Act of 1990 (33 U.S.C.
2705(b)(4)) is amended--
(1) by striking ``The interest paid'' and inserting the
following:
``(A) In general.--The interest paid for claims,
other than Federal Government cost recovery claims,'';
and
(2) by adding at the end the following:
``(B) Federal cost recovery claims.--The interest
paid for Federal Government cost recovery claims under
this section shall be calculated in accordance with
section 3717 of title 31, United States Code.''.
SEC. 326. PER-INCIDENT LIMITATION.
Subparagraph (A) of section 9509(c)(2) of the Internal Revenue Code
of 1986 is amended--
(1) in clause (i), by striking ``$1,000,000,000'' and
inserting ``$1,500,000,000'';
(2) in clause (ii), by striking ``$500,000,000'' and
inserting ``$750,000,000''; and
(3) in the heading, by striking ``$1,000,000,000'' and
inserting ``$1,500,000,000''.
SEC. 327. ACCESS TO THE OIL SPILL LIABILITY TRUST FUND.
Section 6002 of the Oil Pollution Act of 1990 (33 U.S.C. 2752) is
amended by striking subsection (b) and inserting the following:
``(b) Exceptions.--
``(1) In general.--Subsection (a) shall not apply to--
``(A) section 1006(f), 1012(a)(4), or 5006; or
``(B) an amount, which may not exceed $50,000,000
in any fiscal year, made available by the President
from the Fund--
``(i) to carry out section 311(c) of the
Federal Water Pollution Control Act (33 U.S.C.
1321(c)); and
``(ii) to initiate the assessment of
natural resources damages required under
section 1006.
``(2) Fund advances.--
``(A) In general.--To the extent that the amount
described in subparagraph (B) of paragraph (1) is not
adequate to carry out the activities described in that
subparagraph, the Coast Guard may obtain 1 or more
advances from the Fund as may be necessary, up to a
maximum of $100,000,000 for each advance, with the
total amount of advances not to exceed the amounts
available under section 9509(c)(2) of the Internal
Revenue Code of 1986.
``(B) Notification to congress.--Not later than 30
days after the date on which the Coast Guard obtains an
advance under subparagraph (A), the Coast Guard shall
notify Congress of--
``(i) the amount advanced; and
``(ii) the facts and circumstances that
necessitated the advance.
``(C) Repayment.--Amounts advanced under this
paragraph shall be repaid to the Fund when, and to the
extent that, removal costs are recovered by the Coast
Guard from responsible parties for the discharge or
substantial threat of discharge.
``(3) Availability.--Amounts to which this subsection
applies shall remain available until expended.''.
SEC. 328. COST-REIMBURSABLE AGREEMENTS.
Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is
amended--
(1) in subsection (a)(1)(B), by striking ``by a Governor or
designated State official'' and inserting ``by a State, a
political subdivision of a State, or an Indian tribe, pursuant
to a cost-reimbursable agreement'';
(2) by striking subsections (d) and (e) and inserting the
following:
``(d) Cost-Reimbursable Agreement.--
``(1) In general.--In carrying out section 311(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(c)), the
President may enter into cost-reimbursable agreements with a
State, a political subdivision of a State, or an Indian tribe
to obligate the Fund for the payment of removal costs
consistent with the National Contingency Plan.
``(2) Inapplicability.--Neither section 1535 of title 31,
United States Code, nor chapter 63 of that title shall apply to
a cost-reimbursable agreement entered into under this
subsection.''; and
(3) by redesignating subsections (f), (h), (i), (j), (k),
and (l) as subsections (e), (f), (g), (h), (i), and (j),
respectively.
SEC. 329. OIL SPILL RESPONSE REVIEW.
(a) In General.--Subject to the availability of appropriations, the
Commandant shall develop and carry out a program--
(1) to increase collection and improve the quality of
incident data on oil spill location and response capability by
periodically evaluating the data, documentation, and analysis
of--
(A) Coast Guard-approved vessel response plans,
including vessel response plan audits and assessments;
(B) oil spill response drills conducted under
section 311(j)(7) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)(7)) that occur within
the Marine Transportation System; and
(C) responses to oil spill incidents that require
mobilization of contracted response resources;
(2) to update, not less frequently than annually,
information contained in the Coast Guard Response Resource
Inventory and other Coast Guard tools used to document the
availability and status of oil spill response equipment, so as
to ensure that such information remains current; and
(3) subject to section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act''), to make
data collected under paragraph (1) available to the public.
(b) Policy.--Not later than 1 year after the date of the enactment
of this Act, the Commandant shall issue a policy--
(1) to establish processes to maintain the program under
subsection (a) and support Coast Guard oil spill prevention and
response activities, including by incorporating oil spill
incident data from after-action oil spill reports and data
ascertained from vessel response plan exercises and audits
into--
(A) review and approval process standards and
metrics;
(B) Alternative Planning Criteria (APC) review
processes;
(C) Area Contingency Plan (ACP) development; and
(D) risk assessments developed under section 70001
of title 46, United States Code, including lessons
learned from reportable marine casualties;
(2) to standardize and develop tools, training, and other
relevant guidance that may be shared with vessel owners and
operators to assist with accurately calculating and measuring
the performance and viability of proposed alternatives to
national planning criteria requirements and Area Contingency
Plans under the jurisdiction of the Coast Guard;
(3) to improve training of Coast Guard personnel to ensure
continuity of planning activities under this section, including
by identifying ways in which civilian staffing may improve the
continuity of operations; and
(4) to increase Federal Government engagement with State,
local, and Tribal governments and stakeholders so as to
strengthen coordination and efficiency of oil spill responses.
(c) Periodic Updates.--Not less frequently than every 5 years, the
Commandant shall update the processes established under subsection
(b)(1) to incorporate relevant analyses of--
(1) incident data on oil spill location and response
quality;
(2) oil spill risk assessments;
(3) oil spill response effectiveness and the affects of
such response on the environment;
(4) oil spill response drills conducted under section
311(j)(7) of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)(7));
(5) marine casualties reported to the Coast Guard; and
(6) near miss incidents documented by a Vessel Traffic
Service Center (as such terms are defined in sections 70001(m)
of title 46, United States Code).
(d) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for 5 years,
the Commandant shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a briefing on the status of ongoing and planned
efforts to improve the effectiveness and oversight of the
vessel response program.
(2) Public availability.--The Commandant shall publish the
report required by subparagraph (A) on a publicly accessible
internet website of the Coast Guard.
SEC. 330. REVIEW AND REPORT ON LIMITED INDEMNITY PROVISIONS IN STANDBY
OIL SPILL RESPONSE CONTRACTS.
(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 the effects of removing limited indemnity
provisions from Coast Guard oil spill response contracts entered into
by the President (or a delegate) under section 311(c) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(c)).
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the adequacy of contracts described in
that subsection in meeting the needs of the United States to
carry out oil spill clean-ups under the National Contingency
Plan (as defined in section 311(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(a))) during the period
beginning in 1990 and ending in 2014 with respect to those
contracts that included limited indemnity provisions for oil
spill response organizations.
(2) A review of the costs incurred by the Coast Guard, the
Oil Spill Liability Trust Fund established by section 9509(a)
of the Internal Revenue Code of 1986, and the Federal
Government to cover the indemnity provisions provided to oil
spill response organizations during the period described in
paragraph (1).
(3) An assessment of the adequacy of contracts described in
that subsection in meeting the needs of the United States to
carry out oil spill clean-ups under the National Contingency
Plan (as so defined) after limited indemnity provisions for oil
spill response organizations were removed from those contracts
in 2014.
(4) An assessment of the impact that the removal of limited
indemnity provisions described in paragraph (3) has had on the
ability of oil spill response organizations to enter into
contracts described in that subsection.
(5) An assessment of the ability of the Oil Spill Liability
Trust Fund established by section 9509(a) of the Internal
Revenue Code of 1986, to cover limited indemnity provided to a
contractor for liabilities and expenses incidental to the
containment or removal of oil arising out of the performance of
a contract that is substantially identical to the terms
contained in subsections (d)(2) through (h) of section H.4 of
the contract offered by the Coast Guard in the solicitation
numbered DTCG89-98-A-68F953 and dated November 17, 1998.
SEC. 331. ADDITIONAL EXCEPTIONS TO REGULATIONS FOR TOWING VESSELS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall review existing Coast Guard
policies with respect to exceptions to the applicability of subchapter
M of chapter I of title 46, Code of Federal Regulations (or successor
regulations), for--
(1) an oil spill response vessel, or a vessel of
opportunity, while such vessel is--
(A) towing boom for oil spill response; or
(B) participating in an oil response exercise; and
(2) a fishing vessel while that vessel is operating as a
vessel of opportunity.
(b) Policy.--Not later than 180 days after the conclusion of the
review required by subsection (a), the Secretary shall revise or issue
any necessary policy to clarify the applicability of subchapter M of
chapter I of title 46, Code of Federal Regulations (or successor
regulations) to the vessels described in subsection (a). Such a policy
shall ensure safe and effective operation of such vessels.
(c) Definitions.--In this section:
(1) Fishing vessel; oil spill response vessel.--The terms
``fishing vessel'' and ``oil spill response vessel'' have the
meanings given such terms in section 2101 of title 46, United
States Code.
(2) Vessel of opportunity.--The term ``vessel of
opportunity'' means a vessel engaged in spill response
activities that is normally and substantially involved in
activities other than spill response and not a vessel carrying
oil as a primary cargo.
Subtitle C--Environmental Compliance
SEC. 341. REVIEW OF ANCHORAGE REGULATIONS.
(a) Regulatory Review.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete a review of
existing anchorage regulations or other rules and identify regulations
or rules that may need modification in the interest of marine safety,
security, and environmental concerns, taking into account undersea
pipelines, cables, or other infrastructure.
(b) 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 Committee on
Transportation and Infrastructure of the House of Representatives that
summarizes the review.
SEC. 342. STUDY ON IMPACTS ON SHIPPING AND COMMERCIAL, TRIBAL, AND
RECREATIONAL FISHERIES FROM THE DEVELOPMENT OF RENEWABLE
ENERGY ON THE WEST COAST.
(a) Definitions.--In this section:
(1) Covered waters.--The term ``covered waters'' means
Federal or State waters off of the Canadian border and out to
the furthest extent of the exclusive economic zone.
(2) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given that term in section 107 of title
46, United States Code.
(b) Study.--Not later than 180 days after the date of enactment of
this Act, the Secretary, the Secretary of the Interior, and the Under
Secretary of Commerce for Oceans and Atmosphere, shall enter into an
agreement with the National Academy of Sciences under which the
National Academy of Sciences shall carry out a study to--
(1) identify, document, and analyze--
(A) historic and current, as of the date of the
study, Tribal, commercial, and recreational fishing
grounds, as well as areas where fish stocks are likely
to shift in the future in all covered waters;
(B) usual and accustomed fishing areas in all
covered waters;
(C) historic, current, and potential future
shipping lanes, based on projected growth in shipping
traffic in all covered waters; and
(D) key data needed to properly site renewable
energy sites on the West Coast;
(2) analyze--
(A) methods used to manage fishing, shipping, and
other maritime activities; and
(B) how those activities could be impacted by the
placement of renewable energy infrastructure and the
associated construction, maintenance, and operation
such infrastructure; and
(3) provide recommendations on appropriate areas for
renewable energy sites and outline a comprehensive approach to
include all impacted coastal communities, particularly Tribal
governments and fisheries communities, in the decision-making
process.
(c) Submission.--Not later than 1 year after commencing the study
under subsection (b), the Secretary shall--
(1) submit the study to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives, including all recommendations provided under
subsection (b)(3); and
(2) make the study publicly available.
Subtitle D--Environmental Issues
SEC. 351. MODIFICATIONS TO THE SPORT FISH RESTORATION AND BOATING TRUST
FUND ADMINISTRATION.
(a) Dingell-Johnson Sport Fish Restoration Act Amendments.--
(1) Available amounts.--Section 4(b)(1)(B)(i) of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c(b)(1)(B)(i)) is amended by striking subclause (I) and
inserting the following:
``(I) the product obtained by
multiplying--
``(aa) $12,786,434; and
``(bb) the change, relative
to the preceding fiscal year,
in the Consumer Price Index for
All Urban Consumers published
by the Department of Labor;
and''.
(2) Authorized expenses.--Section 9(a) of the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C. 777h(a)) is
amended--
(A) in paragraph (7), by striking ``full-time'';
and
(B) in paragraph (9), by striking ``on a full-time
basis''.
(b) Pittman-Robertson Wildlife Restoration Act Amendments.--
(1) Available amounts.--Section 4(a)(1)(B)(i) of the
Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669c(a)(1)(B)(i)) is amended by striking subclause (I) and
inserting the following:
``(I) the product obtained by
multiplying--
``(aa) $12,786,434; and
``(bb) the change, relative
to the preceding fiscal year,
in the Consumer Price Index for
All Urban Consumers published
by the Department of Labor;
and''.
(2) Authorized expenses.--Section 9(a) of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669h(a)) is
amended--
(A) in paragraph (7), by striking ``full-time'';
and
(B) in paragraph (9), by striking ``on a full-time
basis''.
SEC. 352. IMPROVEMENTS TO COAST GUARD COMMUNICATION WITH NORTH PACIFIC
MARITIME AND FISHING INDUSTRY.
(a) Rescue 21 System in Alaska.--
(1) Upgrades.--The Commandant shall ensure the timely
upgrade of the Rescue 21 system in Alaska so as to achieve, not
later than August 30, 2023, 98 percent operational availability
of remote fixed facility sites.
(2) Plan to reduce outages.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Commandant shall
develop an operations and maintenance plan for the
Rescue 21 system in Alaska that anticipates maintenance
needs so as to reduce Rescue 21 system outages to the
maximum extent practicable.
(B) Public availability.--The plan required by
subparagraph (A) shall be made available to the public
on a publicly accessible internet website.
(3) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Commandant shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
(A) contains a plan for the Coast Guard to notify
mariners of radio outages for towers owned and operated
by the Seventeenth Coast Guard District;
(B) addresses in such plan how the Seventeenth
Coast Guard will--
(i) disseminate updates regarding outages
on social media not less frequently than every
48 hours;
(ii) provide updates on a publicly
accessible website not less frequently than
every 48 hours;
(iii) develop methods for notifying
mariners in areas in which cellular
connectivity does not exist; and
(iv) develop and advertise a web-based
communications update hub on AM/FM radio for
mariners; and
(C) identifies technology gaps necessary to
implement the plan and provides a budgetary assessment
necessary to implement the plan.
(4) Contingency plan.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Commandant
shall, in collaboration with relevant Federal and State
entities (including the North Pacific Fishery
Management Council, the National Oceanic and
Atmospheric Administration Weather Service, the
National Oceanic and Atmospheric Administration
Fisheries Service, agencies of the State of Alaska,
local radio stations, and stakeholders), establish a
contingency plan to ensure that notifications of an
outage of the Rescue 21 system in Alaska are broadly
disseminated in advance of such outage.
(B) Elements.--The plan required by subparagraph
(A) shall require Coast Guard--
(i) to disseminate updates regarding
outages on social media not less frequently
than every 48 hours during an outage;
(ii) to provide updates on a publicly
accessible website not less frequently than
every 48 hours during an outage;
(iii) to notify mariners in areas in which
cellular connectivity does not exist;
(iv) to develop and advertise a web-based
communications update hub on AM/FM radio for
mariners; and
(v) to identify technology gaps necessary
to implement the plan and provides a budgetary
assessment necessary to implement the plan.
(b) Improvements to Communication With the Fishing Industry and
Related Stakeholders.--
(1) In general.--The Commandant, in coordination with the
National Commercial Fishing Safety Advisory Committee
established by section 15102 of title 46, United States Code,
shall develop a publicly accessible internet website that
contains all information related to fishing industry
activities, including vessel safety, inspections, enforcement,
hazards, training, regulations (including proposed
regulations), Rescue 21 system outages and similar outages, and
any other fishing-related activities.
(2) Automatic communications.--The Commandant shall provide
methods for regular and automatic email communications with
stakeholders who elect, through the internet website developed
under paragraph (1), to receive such communications.
(c) Advance Notification of Military or Other Exercises.--In
consultation with the Secretary of Defense, the Secretary of State, and
commercial fishing industry participants, the Commandant shall develop
and publish on a publicly available internet website a plan for
notifying United States mariners and the operators of United States
fishing vessels in advance of--
(1) military exercises in the exclusive economic zone of
the United States (as defined in section 3 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1802)); or
(2) other military activities that will impact recreational
or commercial activities.
SEC. 353. FISHING SAFETY TRAINING GRANTS PROGRAM.
Section 4502(i)(4) of title 46, United States Code, is amended by
striking ``2018 through 2021'' and inserting ``2023 through 2025''.
SEC. 354. LOAD LINES.
(a) Definition of Covered Fishing Vessel.--In this section, the
term ``covered fishing vessel'' means a vessel that operates
exclusively in one, or both, of the Thirteenth and Seventeenth Coast
Guard Districts and that--
(1) was constructed, under construction, or under contract
to be constructed as a fish tender vessel before January 1,
1980;
(2) was converted for use as a fish tender vessel before
January 1, 2022, and--
(A) the vessel has a current stability letter
issued in accordance with regulations prescribed under
chapter 51 of title 46, United States Code; and
(B) the hull and internal structure of the vessel
has been verified as suitable for intended service as
examined by a marine surveyor of an organization
accepted by the Secretary 2 times in the 5 years
preceding the date of the determination under this
subsection, with no interval of more than 3 years
between such examinations; or
(3) operates part-time as a fish tender vessel for a period
of less than 180 days.
(b) Application to Certain Vessels.--During the period beginning on
the date of enactment of this Act and ending on the date that is 3
years after the date on which the report required under subsection (c)
is submitted, the load line requirements of chapter 51 of title 46,
United States Code, shall not apply to covered fishing vessels.
(c) GAO Report.--
(1) In general.--Not later than 12 months 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) a report on the safety and seaworthiness of
vessels referenced in section 5102(b)(5) of title 46,
United States Code; and
(B) recommendations for exempting certain vessels
from the load line requirements under chapter 51 of
title 46 of such Code.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) An assessment of stability requirements of
vessels referenced in section 5102(b)(5) of title 46,
United States Code.
(B) An analysis of vessel casualties, mishaps, or
other safety information relevant to load line
requirements when a vessel is operating part-time as a
fish tender vessel.
(C) An assessment of any other safety information
as the Comptroller General determines appropriate.
(D) A list of all vessels that, as of the date of
the report--
(i) are covered under section 5102(b)(5) of
title 46, United States Code;
(ii) are acting as part-time fish tender
vessels; and
(iii) are subject to any captain of the
port zone subject to the oversight of the
Commandant.
(3) Consultation.--In preparing the report required under
paragraph (1), the Comptroller General shall consider
consultation with, at a minimum, the maritime industry,
including--
(A) relevant Federal, State, and tribal maritime
associations and groups; and
(B) relevant federally funded research
institutions, nongovernmental organizations, and
academia.
(d) Applicability.--Nothing in this section shall limit any
authority available, as of the date of enactment of this Act, to the
captain of a port with respect to safety measures or any other
authority as necessary for the safety of covered fishing vessels.
Subtitle E--Illegal Fishing and Forced Labor Prevention
SEC. 361. DEFINITIONS.
In this subtitle:
(1) Forced labor.--The term ``forced labor'' means any
labor or service provided for or obtained by any means
described in section 1589(a) of title 18, United States Code.
(2) Human trafficking.--The term ``human trafficking'' has
the meaning given the term ``severe forms of trafficking in
persons'' in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102).
(3) Illegal, unreported, or unregulated fishing.--The term
``illegal, unreported, or unregulated fishing'' has the meaning
given such term in the implementing regulations or any
subsequent regulations issued pursuant to section 609(e) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(e)).
(4) Oppressive child labor.--The term ``oppressive child
labor'' has the meaning given such term in section 3 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(5) Seafood.--The term ``seafood'' means all marine animal
and plant life meant for consumption as food other than marine
mammals and birds, including fish, shellfish, shellfish
products, and processed fish.
(6) Seafood import monitoring program.--The term ``Seafood
Import Monitoring Program'' means the Seafood Traceability
Program established in subpart Q of part 300 of title 50, Code
of Federal Regulations (or any successor regulation).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
CHAPTER 1--COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT
MONITORING
SEC. 362. ENHANCEMENT OF SEAFOOD IMPORT MONITORING PROGRAM AUTOMATED
COMMERCIAL ENVIRONMENT MESSAGE SET.
The Secretary, in coordination with the Commissioner of U.S.
Customs and Border Protection, shall, not later than 6 months after the
date of enactment of this Act, develop a strategy to improve the
quality and verifiability of already collected Seafood Import
Monitoring Program Message Set data elements in the Automated
Commercial Environment system. Such strategy shall prioritize the use
of enumerated data types, such as checkboxes, dropdown menus, or radio
buttons, and any additional elements the Administrator of the National
Oceanic and Atmospheric Administration finds appropriate.
SEC. 363. DATA SHARING AND AGGREGATION.
(a) Interagency Working Group on Illegal, Unreported, or
Unregulated Fishing.--Section 3551(c) of the Maritime SAFE Act (16
U.S.C. 8031(c)) is amended--
(1) by redesignating paragraphs (4) through (13) as
paragraphs (5) through (14), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) maximizing the utility of the import data collected
by the members of the Working Group by harmonizing data
standards and entry fields;''.
(b) Prohibition on Aggregated Catch Data for Certain Species.--
Beginning not later than 1 year after the date of enactment of this
Act, for the purposes of compliance with respect to Northern red
snapper under the Seafood Import Monitoring Program, the Secretary may
not allow an aggregated harvest report of such species, regardless of
vessel size.
SEC. 364. IMPORT AUDITS.
(a) Audit Procedures.--The Secretary shall, not later than 1 year
after the date of enactment of this Act, implement procedures to audit
information and supporting records of sufficient numbers of imports of
seafood and seafood products subject to the Seafood Import Monitoring
Program to support statistically robust conclusions that the samples
audited are representative of all seafood imports with respect to a
given year.
(b) Expansion of Marine Forensics Laboratory.--The Secretary shall,
not later than 1 year after the date of enactment of this Act, begin
the process of expanding the National Oceanic and Atmospheric
Administration's Marine Forensics Laboratory, including by establishing
sufficient capacity for the development and deployment of rapid, and
follow-up, analysis of field-based tests focused on identifying Seafood
Import Monitoring Program species, and prioritizing such species at
high risk of illegal, unreported, or unregulated fishing and seafood
fraud.
(c) Annual Revision.--In developing the procedures required in
subsection (a), the Secretary shall use predictive analytics to inform
whether to revise such procedures to prioritize for audit those imports
originating from nations--
(1) identified pursuant to section 609(a) or 610(a) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(a) or 1826k(a)) that have not yet received a subsequent
positive certification pursuant to section 609(d) or 610(c) of
such Act, respectively;
(2) identified by an appropriate regional fishery
management organization as being the flag state or landing
location of vessels identified by other nations or regional
fisheries management organizations as engaging in illegal,
unreported, or unregulated fishing;
(3) identified as having human trafficking or forced labor
in any part of the seafood supply chain, including on vessels
flagged in such nation, and including feed for cultured
production, in the most recent Trafficking in Persons Report
issued by the Department of State in accordance with the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et
seq.);
(4) identified as producing goods that contain seafood
using forced labor or oppressive child labor in the most recent
List of Goods Produced by Child Labor or Forced Labor in
accordance with the Trafficking Victims Protection Act (22
U.S.C. 7101 et seq.); and
(5) identified as at risk for human trafficking, including
forced labor, in their seafood catching and processing
industries by the report required under section 3563 of the
Maritime SAFE Act (Public Law 116-92).
SEC. 365. AVAILABILITY OF FISHERIES INFORMATION.
Section 402(b)(1) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881a(b)(1)) is amended--
(1) in subparagraph (G), by striking ``or'' after the
semicolon;
(2) in subparagraph (H), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(I) to Federal agencies, to the extent necessary
and appropriate, to administer Federal programs
established to combat illegal, unreported, or
unregulated fishing (as defined in section 361 of the
Coast Guard Authorization Act of 2022) or forced labor
(as defined in section 361 of the Coast Guard
Authorization Act of 2022).''.
SEC. 366. AUTHORITY TO HOLD FISH PRODUCTS.
Section 311(b)(1) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861(b)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following a new subparagraph:
``(D) detain, for a period of not more than 14 days, any
shipment of fish or fish product imported into, landed on,
introduced into, exported from, or transported within the
jurisdiction of the United States, or, if such fish or fish
product is determined to be perishable, sell and retain the
proceeds therefrom for a period of not more than 21 days.''.
SEC. 367. REPORT ON SEAFOOD IMPORT MONITORING PROGRAM.
(a) Report to Congress and Public Availability of Reports.--The
Secretary shall, not later than 120 days after the end of each fiscal
year, submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Natural Resources of the House of
Representatives a report that summarizes the National Marine Fisheries
Service's efforts to prevent the importation of seafood harvested
through illegal, unreported, or unregulated fishing, particularly with
respect to seafood harvested, produced, processed, or manufactured by
forced labor. Each such report shall be made publicly available on the
website of the National Oceanic and Atmospheric Administration.
(b) Contents.--Each report submitted under subsection (a) shall
include--
(1) the volume and value of seafood species subject to the
Seafood Import Monitoring Program, reported by 10-digit
Harmonized Tariff Schedule of the United States codes, imported
during the previous fiscal year;
(2) the enforcement activities and priorities of the
National Marine Fisheries Service with respect to implementing
the requirements under the Seafood Import Monitoring Program;
(3) the percentage of import shipments subject to the
Seafood Import Monitoring Program selected for inspection or
the information or records supporting entry selected for audit,
as described in section 300.324(d) of title 50, Code of Federal
Regulations;
(4) the number and types of instances of noncompliance with
the requirements of the Seafood Import Monitoring Program;
(5) the number and types of instances of violations of
State or Federal law discovered through the Seafood Import
Monitoring Program;
(6) the seafood species with respect to which violations
described in paragraphs (4) and (5) were most prevalent;
(7) the location of catch or harvest with respect to which
violations described in paragraphs (4) and (5) were most
prevalent;
(8) the additional tools, such as high performance
computing and associated costs, that the Secretary needs to
improve the efficacy of the Seafood Import Monitoring Program;
and
(9) such other information as the Secretary considers
appropriate with respect to monitoring and enforcing compliance
with the Seafood Import Monitoring Program.
SEC. 368. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Commissioner of U.S.
Customs and Border Protection to carry out enforcement actions pursuant
to section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) $20,000,000
for each of fiscal years 2023 through 2027.
CHAPTER 2--STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT
HUMAN TRAFFICKING
SEC. 370. DENIAL OF PORT PRIVILEGES.
Section 101(a)(2) of the High Seas Driftnet Fisheries Enforcement
Act (16 U.S.C. 1826a(a)(2)) is amended to read as follows:
``(2) Denial of port privileges.--The Secretary of Homeland
Security shall, in accordance with international law--
``(A) withhold or revoke the clearance required by
section 60105 of title 46, United States Code, for any
large-scale driftnet fishing vessel of a nation that
receives a negative certification under section 609(d)
or 610(c) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826j(d) or 1826k(c)), or
fishing vessels of a nation that has been listed
pursuant to section 609(b) or section 610(a) of such
Act (16 U.S.C. 1826j(b) or 1826k(a)) in 2 or more
consecutive reports for the same type of fisheries
activity, as described under section 607 of such Act
(16 U.S.C. 1826h), until a positive certification has
been received;
``(B) withhold or revoke the clearance required by
section 60105 of title 46, United States Code, for
fishing vessels of a nation that has been listed
pursuant to section 609(a) or 610(a) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(a) or 1826k(a)) in 2 or more consecutive reports
as described under section 607 of such Act (16 U.S.C.
1826h); and
``(C) deny entry of that vessel to any place in the
United States and to the navigable waters of the United
States, except for the purposes of inspecting such
vessel, conducting an investigation, or taking other
appropriate enforcement action.''.
SEC. 371. IDENTIFICATION AND CERTIFICATION CRITERIA.
(a) Denial of Port Privileges.--Section 609(a) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a)) is
amended--
(1) by striking paragraph (2) and inserting the following:
``(2) For actions of a nation.--The Secretary shall
identify, and list in such report, a nation engaging in or
endorsing illegal, unreported, or unregulated fishing. In
determining which nations to list in such report, the Secretary
shall consider the following:
``(A) Any nation that is violating, or has violated
at any point during the 3 years preceding the date of
the determination, conservation and management
measures, including catch and other data reporting
obligations and requirements, required under an
international fishery management agreement to which the
United States is a party.
``(B) Any nation that is failing, or has failed in
the 3-year period preceding the date of the
determination, to effectively address or regulate
illegal, unreported, or unregulated fishing within its
fleets in any areas where its vessels are fishing.
``(C) Any nation that fails to discharge duties
incumbent upon it under international law or practice
as a flag, port, or coastal state to take action to
prevent, deter, and eliminate illegal, unreported, or
unregulated fishing.
``(D) Any nation that has been identified as
producing for export to the United States seafood-
related goods through forced labor or oppressive child
labor (as those terms are defined in section 361 of the
Coast Guard Authorization Act of 2022) in the most
recent List of Goods Produced by Child Labor or Forced
Labor in accordance with the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7101 et seq.).''; and
(2) by adding at the end the following:
``(4) Timing.--The Secretary shall make an identification
under paragraph (1) or (2) at any time that the Secretary has
sufficient information to make such identification.''.
(b) Illegal, Unreported, or Unregulated Certification
Determination.--Section 609 of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826j) is amended--
(1) in subsection (d), by striking paragraph (3) and
inserting the following:
``(3) Effect of certification determination.--
``(A) Effect of negative certification.--The
provisions of subsection (a) and paragraphs (3) and (4)
of subsection (b) of section 101 of the High Seas
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a)
and (b)(3) and (4)) shall apply to any nation that,
after being identified and notified under subsection
(b) has failed to take the appropriate corrective
actions for which the Secretary has issued a negative
certification under this subsection.
``(B) Effect of positive certification.--The
provisions of subsection (a) and paragraphs (3) and (4)
of subsection (b) of section 101 of the High Seas
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a)
and (b)(3) and (4)) shall not apply to any nation
identified under subsection (a) for which the Secretary
has issued a positive certification under this
subsection.'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following:
``(e) Recordkeeping Requirements.--The Secretary shall ensure that
seafood or seafood products authorized for entry under this section are
imported consistent with the reporting and the recordkeeping
requirements of the Seafood Import Monitoring Program described in part
300.324(b) of title 50, Code of Federal Regulations (or any successor
regulation).''.
SEC. 372. EQUIVALENT CONSERVATION MEASURES.
(a) Identification.--Section 610(a) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)) is amended to
read as follows:
``(a) Identification.--
``(1) In general.--The Secretary shall identify and list in
the report under section 607--
``(A) a nation if--
``(i) any fishing vessel of that nation is
engaged, or has been engaged during the 3 years
preceding the date of the determination, in
fishing activities or practices on the high
seas or within the exclusive economic zone of
any nation, that have resulted in bycatch of a
protected living marine resource; and
``(ii) the vessel's flag state has not
adopted, implemented, and enforced a regulatory
program governing such fishing designed to end
or reduce such bycatch that is comparable in
effectiveness to the regulatory program of the
United States, taking into account differing
conditions; and
``(B) a nation if--
``(i) any fishing vessel of that nation is
engaged, or has engaged during the 3 years
preceding the date of the determination, in
fishing activities on the high seas or within
the exclusive economic zone of another nation
that target or incidentally catch sharks; and
``(ii) the vessel's flag state has not
adopted, implemented, and enforced a regulatory
program to provide for the conservation of
sharks, including measures to prohibit removal
of any of the fins of a shark, including the
tail, before landing the shark in port, that is
comparable to that of the United States.
``(2) Timing.--The Secretary shall make an identification
under paragraph (1) at any time that the Secretary has
sufficient information to make such identification.''.
(b) Consultation and Negotiation.--Section 610(b) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(b)) is
amended to read as follows:
``(b) Consultation and Negotiation.--The Secretary of State, acting
in conjunction with the Secretary, shall--
``(1) notify, as soon as practicable, the President and
nations that are engaged in, or that have any fishing vessels
engaged in, fishing activities or practices described in
subsection (a), about the provisions of this Act;
``(2) initiate discussions as soon as practicable with all
foreign nations that are engaged in, or a fishing vessel of
which has engaged in, fishing activities described in
subsection (a), for the purpose of entering into bilateral and
multilateral treaties with such nations to protect such species
and to address any underlying failings or gaps that may have
contributed to identification under this Act;
``(3) seek agreements calling for international
restrictions on fishing activities or practices described in
subsection (a) through the United Nations, the Committee on
Fisheries of the Food and Agriculture Organization of the
United Nations, and appropriate international fishery
management bodies; and
``(4) initiate the amendment of any existing international
treaty for the protection and conservation of such species to
which the United States is a party in order to make such treaty
consistent with the purposes and policies of this section.''.
(c) Conservation Certification Procedure.--Section 610(c) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826k(c)) is amended--
(1) in paragraph (2), by inserting ``the public and'' after
``comment by'';
(2) in paragraph (4)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) ensure that any such fish or fish products
authorized for entry under this section are imported
consistent with the reporting and the recordkeeping
requirements of the Seafood Import Monitoring Program
established in subpart Q of part 300 of title 50, Code
of Federal Regulations (or any successor
regulation).''; and
(3) in paragraph (5), by striking ``(except to the extent
that such provisions apply to sport fishing equipment or fish
or fish products not caught by the vessels engaged in illegal,
unreported, or unregulated fishing)''.
(d) Definition of Protected Living Marine Resource.--Section 610(e)
of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826k(e)) is amended by striking paragraph (1) and inserting the
following:
``(1) except as provided in paragraph (2), means nontarget
fish, sea turtles, or marine mammals that are protected under
United States law or international agreement, including--
``(A) the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.);
``(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
``(C) the Shark Finning Prohibition Act (16 U.S.C.
1822 note); and
``(D) the Convention on International Trade in
Endangered Species of Wild Fauna and Flora, done at
Washington March 3, 1973 (27 UST 1087; TIAS 8249);
but''.
SEC. 373. CAPACITY BUILDING IN FOREIGN FISHERIES.
(a) In General.--The Secretary of Commerce, in consultation with
the heads of other Federal agencies, as appropriate, shall develop and
carry out with partner governments and civil society--
(1) multi-year international environmental cooperation
agreements and projects; and
(2) multi-year capacity-building projects for implementing
measures to address illegal, unreported, or unregulated
fishing, fraud, forced labor, bycatch, and other conservation
measures.
(b) Capacity Building.--Section 3543(d) of the Maritime SAFE Act
(16 U.S.C. 8013(d)) is amended--
(1) in the matter preceding paragraph (1), by striking ``as
appropriate,''; and
(2) in paragraph (3), by striking ``as appropriate'' and
inserting ``for all priority regions identified by the Working
Group''.
(c) Reports.--Section 3553 of the Maritime SAFE Act (16 U.S.C.
8033) is amended--
(1) in paragraph (7), by striking ``and'' after the
semicolon;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) the status of work with global enforcement
partners.''.
SEC. 374. TRAINING OF UNITED STATES OBSERVERS.
Section 403(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881b(b)) is amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) ensure that each observer has received training to
identify indicators of forced labor (as defined in section 361
of the Coast Guard Authorization Act of 2022) and human
trafficking (as defined in section 361 of the Coast Guard
Authorization Act of 2022) and refer this information to
appropriate authorities; and''.
SEC. 375. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall promulgate such regulations as may be necessary to
carry out this title.
TITLE IV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
SEC. 401. COAST GUARD CHILD CARE IMPROVEMENTS.
(a) Family Discount for Child Development Services.--Section
2922(b)(2) of title 14, United States Code, is amended by adding at the
end the following:
``(D) In the case of an active duty member with two or more
children attending a Coast Guard child development center, the
Commandant may modify the fees to be charged for attendance for
the second and any subsequent child of such member by an amount
that is 15 percent less than the amount of the fee otherwise
chargeable for the attendance of the first such child enrolled
at the center, or another fee as the Commandant determines
appropriate, consistent with multiple children.''.
(b) Child Development Center Standards and Inspections.--Section
2923(a) of title 14, United States Code, is amended to read as follows:
``(a) Standards.--The Commandant shall require each Coast Guard
child development center to meet standards of operation--
``(1) that the Commandant considers appropriate to ensure
the health, safety, and welfare of the children and employees
at the center; and
``(2) necessary for accreditation by an appropriate
national early childhood programs accrediting entity.''.
(c) Child Care Subsidy Program.--
(1) Authorization.--
(A) In general.--Subchapter II of chapter 29 of
title 14, United States Code, is amended by inserting
at the end the following:
``Sec. 2927. Child care subsidy program
``(a) Authority.--The Commandant may operate a child care subsidy
program to provide financial assistance to eligible providers that
provide child care services or youth program services to members of the
Coast Guard and any other individual the Commandant considers
appropriate, if--
``(1) providing such financial assistance--
``(A) is in the best interests of the Coast Guard;
and
``(B) enables supplementation or expansion of the
provision of Coast Guard child care services, while not
supplanting or replacing Coast Guard child care
services; and
``(2) the Commandant ensures, to the extent practicable,
that the eligible provider is able to comply, and does comply,
with the regulations, policies, and standards applicable to
Coast Guard child care services.
``(b) Eligible Providers.--A provider of child care services or
youth program services is eligible for financial assistance under this
section if the provider--
``(1) is licensed to provide such services under applicable
State and local law;
``(2) is registered in an au pair program of the Department
of State;
``(3) is a family home daycare; or
``(4) is a provider of family child care services that--
``(A) otherwise provides federally funded or
federally sponsored child development services;
``(B) provides such services in a child development
center owned and operated by a private, not-for-profit
organization;
``(C) provides a before-school or after-school
child care program in a public school facility;
``(D) conducts an otherwise federally funded or
federally sponsored school-age child care or youth
services program;
``(E) conducts a school-age child care or youth
services program operated by a not-for-profit
organization;
``(F) provides in-home child care, such as a nanny
or an au pair; or
``(G) is a provider of another category of child
care services or youth program services the Commandant
considers appropriate for meeting the needs of members
or civilian employees of the Coast Guard.
``(c) Funding.--To provide financial assistance under this
subsection, the Commandant may use any funds appropriated for the Coast
Guard for operation and maintenance.''.
(B) Clerical amendment.--The analysis for chapter
29 of title 14, United States Code, is amended by
inserting after the item relating to section 2926 the
following:
``2927. Child care subsidy program.''.
(2) Expansion of child care subsidy program.--
(A) In general.--The Commandant shall--
(i) evaluate potential eligible uses for
the child care subsidy program established
under section 2927 of title 14, United States
Code (referred to in this paragraph as the
``program''); and
(ii) expand the eligible uses of funds for
the program to accommodate the child care needs
of members of the Coast Guard (including such
members with nonstandard work hours and surge
or other deployment cycles), including by
providing funds directly to such members
instead of care providers.
(B) Considerations.--In evaluating potential
eligible uses under subparagraph (A), the Commandant
shall consider au pairs, nanny services, nanny shares,
in-home child care services, care services such as
supplemental care for children with disabilities, and
any other child care delivery method the Commandant
considers appropriate.
(C) Requirements.--In establishing expanded
eligible uses of funds for the program, the Commandant
shall ensure that such uses--
(i) are in the best interests of the Coast
Guard;
(ii) provide flexibility for members of the
Coast Guard, including such members and
employees with nonstandard work hours; and
(iii) ensure a safe environment for
dependents of such members and employees.
(D) Publication.--Not later than 18 months after
the date of the enactment of this Act, the Commandant
shall publish an updated Commandant Instruction Manual
(referred to in this paragraph as the ``manual'') that
describes the expanded eligible uses of the program.
(E) Report.--
(i) In general.--Not later than 18 months
after the date of the enactment of this Act,
the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives
a report outlining the expansion of the
program.
(ii) Elements.--The report required by
clause (i) shall include the following:
(I) An analysis of the
considerations described in
subparagraph (B).
(II) A description of the analysis
used to identify eligible uses that
were evaluated and incorporated into
the manual under subparagraph (D).
(III) A full analysis and
justification with respect to the forms
of care that were ultimately not
included in the manual.
(IV) Any recommendation with
respect to funding or additional
authorities necessary, including
proposals for legislative change, to
meet the current and anticipated future
child care subsidy demands of the Coast
Guard.
SEC. 402. ARMED FORCES ACCESS TO COAST GUARD CHILD CARE FACILITIES.
Section 2922(a) of title 14, United States Code, is amended to read
as follows:
``(a)(1) The Commandant may make child development services
available, in such priority as the Commandant considers to be
appropriate and consistent with readiness and resources and in the best
interests of dependents of members and civilian employees of the Coast
Guard, for--
``(A) members and civilian employees of the Coast Guard;
``(B) surviving dependents of members of the Coast Guard
who have died on active duty, if such dependents were
beneficiaries of a Coast Guard child development service at the
time of the death of such members;
``(C) members of the armed forces (as defined in section
101 of title 10, United States Code); and
``(D) Federal civilian employees.
``(2) Child development service benefits provided under the
authority of this section shall be in addition to benefits provided
under other laws.''.
SEC. 403. CADET PREGNANCY POLICY IMPROVEMENTS.
(a) Regulations Required.--Not later than 18 months after the date
of the enactment of this Act, the Secretary of the department in which
the Coast Guard is operating, in consultation with the Secretary of
Defense, shall prescribe regulations that--
(1) preserve parental guardianship rights of cadets who
become pregnant or father a child while attending the Coast
Guard Academy; and
(2) maintain military and academic requirements for
graduation and commissioning.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
briefing on the development of the regulations required by subsection
(a).
SEC. 404. PILOT PROGRAM FOR FERTILITY TREATMENTS.
(a) Findings.--Congress makes the following findings:
(1) Members of the Coast Guard face unique challenges in
addressing infertility issues.
(2) Frequent deployments, dislocation, transfers, and
operational tempo impart unique stresses to members of the
Coast Guard and their families. The same stressors often
disrupt or make fertility treatments impractical or cost
prohibitive.
(3) Only 6 military treatment facilities in the United
States offer fertility treatments to members of the Armed
Forces.
(b) Authorization.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall establish a
pilot program for all qualified members of the Coast Guard for
the purpose of expanding access to fertility treatment centers.
(2) Inclusions.--The pilot program required by paragraph
(1) may expand access and availability of fertility-related
medical care and treatments, as determined by the Commandant.
(3) Consideration of methods to expand access.--As part of
the pilot program under this section, the Commandant shall
consider methods to expand access to fertility treatments for
members of the Coast Guard, including by--
(A) examining support to improve access to
fertility services traditionally considered
nonessential and not covered by the TRICARE program (as
defined under section 1072(7) of title 10, United
States Code), such as medications, reproductive
counseling, and other treatments;
(B) exploring ways to increase access to military
treatment facilities that offer assistive reproductive
technology services, consistent with--
(i) the Department of Defense Joint Travel
Regulations issued on June 1, 2022; and
(ii) the Coast Guard Supplement to the
Joint Travel Regulations issued on June 28,
2019;
(C) developing a process to allow assignment or
reassignment of members of the Coast Guard requesting
fertility treatments to a location conducive to
receiving treatments;
(D) in a case in which use of military treatment
facilities is not available or practicable, entering
into partnerships with private-sector fertility
treatment providers; and
(E) providing flexible working hours, duty
schedules, and administrative leave to allow for
necessary treatments, appointments, and other services
associated with receipt of fertility treatments and
associated care.
(c) Duration.--The duration of the pilot program under subsection
(a) shall be not less than 5 years beginning on the date on which the
pilot program is established.
(d) Discharge on District Basis.--The Commandant--
(1) may carry out the pilot program on a district basis;
and
(2) shall include remote and urban units in the pilot
program.
SEC. 405. COMBAT-RELATED SPECIAL COMPENSATION.
(a) Report and Briefing.--Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter until the date
that is 5 years after the date on which the initial report is submitted
under this subsection, the Commandant shall submit a report and provide
an in-person briefing to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the implementation of
section 221 of the Coast Guard Authorization Act of 2015 (Public Law
114-120; 10 U.S.C. 1413a note).
(b) Elements.--Each report and briefing required by subsection (a)
shall include the following:
(1) A description of methods to educate members and
retirees on the combat-related special compensation program.
(2) Statistics regarding enrollment in such program for
members of the Coast Guard and Coast Guard retirees.
(3) A summary of each of the following:
(A) Activities carried out relating to the
education of members of the Coast Guard participating
in the Transition Assistance Program with respect to
the combat-related special compensation program.
(B) Activities carried out relating to the
education of members of the Coast Guard who are engaged
in missions in which they are susceptible to injuries
that may result in qualification for combat-related
special compensation, including flight school, the
National Motor Lifeboat School, deployable special
forces, and other training programs as the Commandant
considers appropriate.
(C) Activities carried out relating to training
physicians and physician assistants employed by the
Coast Guard, or otherwise stationed in Coast Guard
clinics, sickbays, or other locations at which medical
care is provided to members of the Coast Guard, for the
purpose of ensuring, during medical examinations,
appropriate counseling and documentation of symptoms,
injuries, and the associated incident that resulted in
such injuries.
(D) Activities relating to the notification of
heath service officers with respect to the combat-
related special compensation program.
(4) The written guidance provided to members of the Coast
Guard regarding necessary recordkeeping to ensure eligibility
for benefits under such program.
(5) Any other matter relating to combat-related special
compensation the Commandant considers appropriate.
(c) Disability Due to Chemical or Hazardous Material Exposure.--
Section 221(a)(2) of the Coast Guard Reauthorization Act of 2015
(Public Law 114-120; 10 U.S.C. 1413a note) is amended, in the matter
preceding subparagraph (A)--
(1) by striking ``and hazardous'' and inserting ``,
hazardous''; and
(2) by inserting ``, or a duty in which chemical or other
hazardous material exposure has occurred (such as during marine
inspections or pollution response activities)'' after
``surfman)''.
SEC. 406. RESTORATION OF AMOUNTS IMPROPERLY WITHHELD FOR TAX PURPOSES
FROM SEVERANCE PAYMENTS TO VETERANS OF THE COAST GUARD
WITH COMBAT-RELATED INJURIES.
(a) Application to Members of the Coast Guard When the Coast Guard
Is Not Operating as a Service in the Department of the Navy.--The
Combat-Injured Veterans Tax Fairness Act of 2016 (Public Law 114-292;
10 U.S.C. 1212 note) is amended--
(1) in section 3--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by inserting ``(and the Secretary of Homeland
Security, with respect to the Coast Guard when
it is not operating as a service in the
Department of the Navy, and the Secretary of
Transportation, with respect to the Coast Guard
during the period in which it was operating as
a service in the Department of Transportation),
in coordination with the Secretary of the
Treasury,'' after ``the Secretary of Defense'';
(ii) in paragraph (1)(A)--
(I) in clause (i), by striking
``the Secretary'' and inserting ``the
Secretary of Defense (or the Secretary
of Homeland Security or the Secretary
of Transportation, with respect to the
Coast Guard, as applicable)'';
(II) in clause (ii), by striking
``the Secretary'' and inserting ``the
Secretary of Defense (or the Secretary
of Homeland Security or the Secretary
of Transportation, with respect to the
Coast Guard, as applicable)''; and
(III) in clause (iv), striking
``the Secretary'' and inserting ``the
Secretary of Defense (or the Secretary
of Homeland Security or the Secretary
of Transportation, with respect to the
Coast Guard, as applicable)''; and
(iii) in paragraph (2), by amending
subparagraph (B) to read as follows:
``(B) instructions for--
``(i) filing amended tax returns to recover
the amounts improperly withheld for tax
purposes; and
``(ii) requesting standard refund amounts
described in subsection (b).'';
(B) by redesignating subsection (b) as subsection
(c); and
(C) by inserting after subsection (a) the
following:
``(b) Standard Refund Amounts Described.--The standard refund
amounts described in this subsection are--
``(1) $1,750 for tax years 1991 through 2005;
``(2) $2,400 for tax years 2006 through 2010; and
``(3) $3,200 for tax years 2011 through 2016.'';
(2) in section 4--
(A) in the section heading, by inserting ``and the
secretary of the department in which the coast guard is
operating'' after ``secretary of defense'';
(B) by inserting ``(and the Secretary of the
Department in which the Coast Guard is operating when
it is not operating as a service in the Department of
the Navy), in coordination with the Secretary of the
Treasury,'' after ``The Secretary of Defense''; and
(C) by striking ``made by the Secretary'' and
inserting ``made by the Secretary of Defense (and the
Secretary of the Department in which the Coast Guard is
operating with respect to the Coast Guard)''; and
(3) in section 5--
(A) in subsection (a)--
(i) by inserting ``(and the Secretary of
the Department in which the Coast Guard is
operating, with respect to the Coast Guard when
it is not operating as a service in the
Department of the Navy, and the Secretary of
Transportation, with respect to the Coast Guard
during the period in which it was operating as
a service in the Department of
Transportation)'' after ``the Secretary of
Defense''; and
(ii) by striking ``the Secretary to'' and
inserting ``the Secretary of Defense (or the
Secretary of Homeland Security or the Secretary
of Transportation, with respect to the Coast
Guard, as applicable) to''; and
(B) in subsection (b)--
(i) in paragraph (2), by striking ``the
Secretary'' and inserting ``the Secretary of
Defense (or the Secretary of Homeland Security
or the Secretary of Transportation, with
respect to the Coast Guard, as applicable)'';
and
(ii) in paragraph (3), by striking ``the
Secretary'' and inserting ``the Secretary of
Defense (or the Secretary of Homeland Security,
with respect to the Coast Guard when it is not
operating as a service in the Department of the
Navy)''.
(b) Deadlines.--
(1) Identification of amounts improperly withheld and
reporting.--The Secretary of Homeland Security and the
Secretary of Transportation, in coordination with the Secretary
of the Treasury, shall carry out the requirements under--
(A) section 3(a) of the Combat-Injured Veterans Tax
Fairness Act of 2016 (Public Law 114-292; 10 U.S.C.
1212 note), as amended by subsection (a)(1)(A), not
later than 1 year after the date of the enactment of
this Act; and
(B) section 5 of that Act, as amended by subsection
(a)(3), not later than 1 year after the date of the
enactment of this Act.
(2) Ensuring amounts are not improperly withheld.--The
Secretary of Homeland Security shall carry out the requirements
under section 4 of the Combat-Injured Veterans Tax Fairness Act
of 2016 (Public Law 114-292; 10 U.S.C. 1212 note), as amended
by subsection (a)(2), beginning on the date of the enactment of
this Act.
SEC. 407. MODIFICATION OF BASIC NEEDS ALLOWANCE FOR MEMBERS OF THE
COAST GUARD.
(a) In General.--Section 402b of title 37, United States Code, is
amended--
(1) by redesignating subsections (h) through (k) as
subsections (i) through (l), respectively; and
(2) by inserting after subsection (g) the following:
``(h) Special Rule for Members of Coast Guard.--
``(1) In general.--In the case of a member of the Coast
Guard, the Secretary concerned shall--
``(A) determine under subsection (f) whether the
member is eligible under subsection (b) for the
allowance under subsection (a); and
``(B) if the Secretary concerned determines a
member is eligible for the allowance, pay the allowance
to the member unless the member elects not to receive
the allowance.
``(2) Attestation of income.--A member of the Coast Guard
is not required to submit an application under subsection (e)
to receive the allowance under subsection (a), but not less
frequently than biennially, the member shall submit to the
Secretary concerned an attestation that the gross household
income of the member does not exceed the amount described in
subsection (b)(2).
``(3) Electronic process.--The Secretary concerned shall
establish an electronic process pursuant to which a member of
the Coast Guard may--
``(A) elect under paragraph (1)(B) not to receive
the allowance; or
``(B) submit an attestation under paragraph (2).''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (e)--
(A) in paragraphs (1) and (2), by striking ``A
member'' both places it appears and inserting ``Except
as provided by subsection (h), a member''; and
(B) in paragraph (4)(B)--
(i) by striking ``that the member'' and
inserting the following: ``that--
``(i) the member'';
(ii) by striking the period at the end and
inserting ``; or''; and
(iii) by adding at the end the following:
``(ii) in the case of a member of the Coast
Guard, that the member may receive the
allowance as provided by subsection (h).''; and
(2) in subsection (g)(2), by striking ``A member'' and
inserting ``Except as provided by subsection (h), a member''.
SEC. 408. STUDY ON FOOD SECURITY.
(a) Study.--
(1) In general.--The Commandant shall conduct a study on
food insecurity among members of the Coast Guard.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) An analysis of the impact of food deserts on
members of the Coast Guard, and their dependents, who
live in areas with high costs of living, including
areas with high-density populations and rural areas.
(B) A comparison of--
(i) the current method used by the
Commandant to determine which areas are
considered to be high cost-of-living areas;
(ii) local-level indicators used by the
Bureau of Labor Statistics to determine cost of
living that indicate buying power and consumer
spending in specific geographic areas; and
(iii) indicators of cost of living used by
the Department of Agriculture in market basket
analyses, and other measures of local and
regional food costs.
(C) An assessment of the accuracy of the method and
indicators described in subparagraph (B) in quantifying
high cost of living in low-data and remote areas.
(D) An assessment of the manner in which data
accuracy and availability affect the accuracy of cost-
of-living allowance calculations and other benefits, as
the Commandant considers appropriate.
(E) Recommendations--
(i) to improve access to high-quality,
affordable food within a reasonable distance of
Coast Guard units located in areas identified
as food deserts;
(ii) to reduce transit costs for members of
the Coast Guard and their dependents who are
required to travel to access high-quality,
affordable food; and
(iii) for improving the accuracy of such
calculations.
(F) The estimated costs of implementing each
recommendation made under subparagraph (E).
(b) Plan.--
(1) In general.--The Commandant shall develop a detailed
plan to implement the recommendations of the study conducted
under subsection (a).
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall provide to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a briefing on the plan required
by paragraph (1), including the cost of implementation,
proposals for legislative change, and any other result of the
study the Commandant considers appropriate.
(c) Food Desert Defined.--In this section, the term ``food desert''
means an area, as determined by the Commandant, in which it is
difficult to obtain affordable, high-quality fresh food in the
immediate area in which members of the Coast Guard serve and reside.
Subtitle B--Healthcare
SEC. 421. DEVELOPMENT OF MEDICAL STAFFING STANDARDS FOR THE COAST
GUARD.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commandant, in consultation with the Defense
Health Agency and any healthcare expert the Commandant considers
appropriate, shall develop medical staffing standards for the Coast
Guard consistent with the recommendations of the Comptroller General of
the United States set forth in the report entitled ``Coast Guard Health
Care: Improvements Needed for Determining Staffing Needs and Monitoring
Access to Care'' published in February 2022.
(b) Inclusions.--The standards required by subsection (a) shall
address and take into consideration the following:
(1) Current and future operations of healthcare personnel
in support of Department of Homeland Security missions,
including surge deployments for incident response.
(2) Staffing standards for specialized providers, such as
flight surgeons, dentists, behavioral health specialists, and
physical therapists.
(3) Staffing levels of medical, dental, and behavioral
health providers for the Coast Guard who are--
(A) members of the Coast Guard;
(B) assigned to the Coast Guard from the Public
Health Service;
(C) Federal civilian employees; or
(D) contractors hired by the Coast Guard to fill
vacancies.
(4) Staffing levels at medical facilities for Coast Guard
units in remote locations.
(5) Any discrepancy between medical staffing standards of
the Department of Defense and medical staffing standards of the
Coast Guard.
(c) Review.--Not later than 90 days after the staffing standards
required by subsection (a) are completed, the Commandant shall submit
the standards to the Comptroller General, who shall review the
standards and provide recommendations to the Commandant.
(d) Report to Congress.--Not later than 180 days after developing
such standards, 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 standards developed under subsection (a) that includes a
plan and a description of the resources and budgetary needs required to
implement the standards.
(e) Modification, Implementation, and Periodic Updates.--The
Commandant shall--
(1) modify such standards as necessary based on the
recommendations provided under subsection (c);
(2) implement the standards; and
(3) review and update the standards not less frequently
than every 4 years.
SEC. 422. HEALTHCARE SYSTEM REVIEW AND STRATEGIC PLAN.
(a) In General.--Not later than 270 days after the completion of
the studies conducted by the Comptroller General of the United States
under sections 8259 and 8260 of the William M. (Mac) Thornberry
National Defense Authorization Act of Fiscal Year 2021 (Public Law 116-
283; 134 Stat. 4679), the Commandant shall--
(1) conduct a comprehensive review of the Coast Guard
healthcare system; and
(2) develop a strategic plan for improvements to, and
modernization of, such system to ensure access to high-quality,
timely healthcare for members of the Coast Guard, their
dependents, and applicable Coast Guard retirees.
(b) Plan.--
(1) In general.--The strategic plan developed under
subsection (a) shall seek--
(A) to maximize the medical readiness of members of
the Coast Guard;
(B) to optimize delivery of healthcare benefits;
(C) to ensure high-quality training of Coast Guard
medical personnel; and
(D) to prepare for the future needs of the Coast
Guard.
(2) Elements.--The plan shall address, at a minimum, the
following:
(A) Improving access to healthcare for members of
the Coast Guard, their dependents, and applicable Coast
Guard retirees.
(B) Quality of care.
(C) The experience and satisfaction of members of
the Coast Guard and their dependents with the Coast
Guard healthcare system.
(D) The readiness of members of the Coast Guard and
medical personnel.
(c) Advisory Committee.--
(1) Establishment.--The Commandant shall establish an
advisory committee to conduct a comprehensive review of the
Coast Guard healthcare system (referred to in this section as
the ``Advisory Committee'').
(2) Membership.--
(A) Composition.--The Advisory Committee shall be
composed of members selected by the Commandant,
including--
(i) 1 or more members of the uniformed
services (as defined in section 101 of title
10, United States Code) or Federal employees
with expertise in--
(I) the medical, dental, pharmacy,
behavioral health, or reproductive
health fields; or
(II) any other field the Commandant
considers appropriate;
(ii) a representative of the Defense Health
Agency; and
(iii) a medical representative from each
Coast Guard district.
(3) Chairperson.--The chairperson of the Advisory Committee
shall be the Director of the Health, Safety, and Work Life
Directorate of the Coast Guard.
(4) Staff.--The Advisory Committee shall be staffed by
employees of the Coast Guard.
(5) Report to commandant.--Not later than 1 year after the
Advisory Committee is established, the Advisory Committee shall
submit to the Commandant a report that--
(A) taking into consideration the medical staffing
standards developed under section 421, assesses the
recommended medical staffing standards set forth in the
Comptroller General study required by section 8260 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 134 Stat. 4679), and compares such standards to
the medical staffing standards of the Department of
Defense and the private sector;
(B) addresses improvements needed to ensure
continuity of care for members of the Coast Guard,
including by evaluating the feasibility of having a
dedicated primary care manager for each such member
while the member is stationed at a duty station;
(C) evaluates the effects of increased surge
deployments of medical personnel on staffing needs at
Coast Guard clinics;
(D) identifies ways to improve access to care for
members of the Coast Guard and their dependents who are
stationed in remote areas, including methods to expand
access to providers in the available network;
(E) identifies ways the Coast Guard may better use
Department of Defense Medical Health System resources
for members of the Coast Guard, their dependents, and
applicable retirees;
(F) identifies barriers to participation in the
Coast Guard healthcare system and ways the Coast Guard
may better use patient feedback to improve quality of
care at Coast Guard-owned facilities, military
treatment facilities, and specialist referrals;
(G) includes recommendations to improve the Coast
Guard healthcare system; and
(H) any other matter the Commandant or the Advisory
Committee considers appropriate.
(d) Report to Congress.--Not later than 2 years after the date of
the enactment of this Act, the Commandant shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives--
(1) the strategic plan for the Coast Guard medical system
required by subsection (a);
(2) the report of the Advisory Committee submitted to the
Commandant under subsection (c); and
(3) a description of the manner in which the Commandant
plans to implement the recommendations of the Advisory
Committee.
SEC. 423. DATA COLLECTION AND ACCESS TO CARE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commandant, in consultation with the Defense
Health Agency and any healthcare expert the Commandant considers
appropriate, shall develop a policy to require the collection of data
regarding access by members of the Coast Guard and their dependents to
medical, dental, and behavioral healthcare as recommended by the
Comptroller General of the United States in the report entitled ``Coast
Guard Health Care: Improvements Needed for Determining Staffing Needs
and Monitoring Access to Care'' published in February 2022.
(b) Elements.--The policy required by subsection (a) shall address
the following:
(1) Methods to collect data on access to care for--
(A) routine annual physical health assessments;
(B) flight physicals for aviators or prospective
aviators;
(C) sick call;
(D) injuries;
(E) dental health; and
(F) behavioral health conditions.
(2) Collection of data on access to care for referrals.
(3) Collection of data on access to care for members of the
Coast Guard stationed at remote units, aboard Coast Guard
cutters, and on deployments.
(4) Use of the electronic health record system to improve
data collection on access to care.
(5) Use of data for addressing the standards of care,
including time between requests for appointments and actual
appointments, including appointments made with referral
services.
(c) Review by Comptroller General.--
(1) Submission.--Not later than 15 days after the policy is
developed under subsection (a), the Commandant shall submit the
policy to the Comptroller General of the United States.
(2) Review.--Not later than 180 days after receiving the
policy, the Comptroller General shall review the policy and
provide recommendations to the Commandant.
(3) Modification.--Not later than 60 days after receiving
the recommendations of the Comptroller General, the Commandant
shall modify the policy as necessary based on such
recommendations.
(d) Publication and Report to Congress.--Not later than 90 days
after the policy is modified under subsection (c)(3), the Commandant
shall--
(1) publish the policy on a publicly accessible internet
website of the Coast Guard; and
(2) 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 policy and the manner in which
the Commandant plans to address access-to-care deficiencies.
(e) Periodic Updates.--Not less frequently than every 5 years, the
Commandant shall review and update the policy.
SEC. 424. BEHAVIORAL HEALTH POLICY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) members of the Coast Guard--
(A) are exposed to high-risk and often stressful
duties; and
(B) should be encouraged to seek appropriate
medical treatment and professional guidance; and
(2) after treatment for behavioral health conditions, many
members of the Coast Guard should be allowed to resume service
in the Coast Guard if they--
(A) are able to do so without persistent duty
modifications; and
(B) do not pose a risk to themselves or other
members of the Coast Guard.
(b) Interim Behavioral Health Policy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall establish an
interim behavioral health policy for members of the Coast Guard
that is in parity with section 5.28 (relating to behavioral
health) of Department of Defense Instruction 6130.03, volume 2,
``Medical Standards for Military Service: Retention''.
(2) Termination.--The interim policy established under
paragraph (1) shall remain in effect until the date on which
the Commandant issues a permanent behavioral health policy for
members of the Coast Guard.
(c) Permanent Policy.--In developing a permanent policy with
respect to retention and behavioral health, the Commandant shall ensure
that, to the extent practicable, the policy of the Coast Guard is in
parity with section 5.28 (relating to behavioral health) of Department
of Defense Instruction 6130.03, volume 2, ``Medical Standards for
Military Service: Retention''.
SEC. 425. MEMBERS ASSERTING POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC
BRAIN INJURY.
(a) In General.--Subchapter I of chapter 25 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 2515. Members asserting post-traumatic stress disorder or
traumatic brain injury
``(a) Medical Examination Required.--(1) The Secretary shall ensure
that a member of the Coast Guard who has performed Coast Guard
operations or has been sexually assaulted during the preceding 2-year
period, and who is diagnosed by an appropriate licensed or certified
healthcare professional as experiencing post-traumatic stress disorder
or traumatic brain injury or who otherwise alleges, based on the
service of the member or based on such sexual assault, the influence of
such a condition, receives a medical examination to evaluate a
diagnosis of post-traumatic stress disorder or traumatic brain injury.
``(2) A member described in paragraph (1) shall not be
administratively separated under conditions other than honorable,
including an administrative separation in lieu of court-martial, until
the results of the medical examination have been reviewed by
appropriate authorities responsible for evaluating, reviewing, and
approving the separation case, as determined by the Secretary.
``(3)(A) In a case involving post-traumatic stress disorder, the
medical examination shall be--
``(i) performed by--
``(I) a board-certified or board-eligible
psychiatrist; or
``(II) a licensed doctorate-level psychologist; or
``(ii) performed under the close supervision of--
``(I) a board-certified or board-eligible
psychiatrist; or
``(II) a licensed doctorate-level psychologist, a
doctorate-level mental health provider, a psychiatry
resident, or a clinical or counseling psychologist who
has completed a 1-year internship or residency.
``(B) In a case involving traumatic brain injury, the medical
examination shall be performed by a physiatrist, psychiatrist,
neurosurgeon, or neurologist.
``(b) Purpose of Medical Examination.--The medical examination
required by subsection (a) shall assess whether the effects of mental
or neurocognitive disorders, including post-traumatic stress disorder
and traumatic brain injury, constitute matters in extenuation that
relate to the basis for administrative separation under conditions
other than honorable or the overall characterization of the service of
the member as other than honorable.
``(c) Inapplicability to Proceedings Under Uniform Code of Military
Justice.--The medical examination and procedures required by this
section do not apply to courts-martial or other proceedings conducted
pursuant to the Uniform Code of Military Justice.
``(d) Coast Guard Operations Defined.--In this section, the term
`Coast Guard operations' has the meaning given that term in section
888(a) of the Homeland Security Act of 2002 (6 U.S.C. 468(a)).''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter
25 of title 14, United States Code, is amended by adding at the end the
following:
``2515. Members asserting post-traumatic stress disorder or traumatic
brain injury.''.
SEC. 426. IMPROVEMENTS TO THE PHYSICAL DISABILITY EVALUATION SYSTEM AND
TRANSITION PROGRAM.
(a) Temporary Policy.--Not later than 60 days after the date of the
enactment of this Act, the Commandant shall develop a temporary policy
that--
(1) improves timeliness, communication, and outcomes for
members of the Coast Guard undergoing the Physical Disability
Evaluation System, or a related formal or informal process;
(2) affords maximum career transition benefits to members
of the Coast Guard determined by a Medical Evaluation Board to
be unfit for retention in the Coast Guard; and
(3) maximizes the potential separation and career
transition benefits for members of the Coast Guard undergoing
the Physical Disability Evaluation System, or a related formal
or informal process.
(b) Elements.--The policy required by subsection (a) shall include
the following:
(1) A requirement that any member of the Coast Guard who is
undergoing the Physical Disability Evaluation System, or a
related formal or informal process, shall be placed in a duty
status that allows the member the opportunity to attend
necessary medical appointments and other activities relating to
the Physical Disability Evaluation System, including completion
of any application of the Department of Veterans Affairs and
career transition planning.
(2) In the case of a Medical Evaluation Board report that
is not completed within 120 days after the date on which an
evaluation by the Medical Evaluation Board was initiated, the
option for such a member to enter permissive duty status.
(3) A requirement that the date of initiation of an
evaluation by a Medical Evaluation Board shall include the date
on which any verbal or written affirmation is made to the
member, command, or medical staff that the evaluation by the
Medical Evaluation Board has been initiated.
(4) An option for such member to seek an internship under
the SkillBridge program established under section 1143(e) of
title 10, United States Code, and outside employment aimed at
improving the transition of the member to civilian life, only
if such an internship or employment does not interfere with
necessary medical appointments required for the member's
physical disability evaluation.
(5) A requirement that not less than 21 days notice shall
be provided to such a member for any such medical appointment,
to the maximum extent practicable, to ensure that the
appointment timeline is in the best interests of the immediate
health of the member.
(6) A requirement that the Coast Guard shall provide such a
member with a written separation date upon the completion of a
Medical Evaluation Board report that finds the member unfit to
continue active duty.
(7) To provide certainty to such a member with respect to a
separation date, a policy that ensures--
(A) that accountability measures are in place with
respect to Coast Guard delays throughout the Physical
Disability Evaluation System, including--
(i) placement of the member in an excess
leave status after 270 days have elapsed since
the date of initiation of an evaluation by a
Medical Evaluation Board by any competent
authority; and
(ii) a calculation of the costs to retain
the member on active duty, including the pay,
allowances, and other associated benefits of
the member, for the period beginning on the
date that is 90 days after date of initiation
of an evaluation by a Medical Evaluation Board
by any competent authority and ending on the
date on which the member is separated from the
Coast Guard; and
(B) the availability of administrative solutions to
any such delay.
(8) With respect to a member of the Coast Guard on
temporary limited duty status, an option to remain in the
member's current billet, to the maximum extent practicable, or
to be transferred to a different active-duty billet, so as to
minimize any negative impact on the member's career trajectory.
(9) A requirement that each respective command shall report
to the Coast Guard Personnel Service Center any delay of more
than 21 days between each stage of the Physical Disability
Evaluation System for any such member, including between stages
of the processes, the Medical Evaluation Board, the Informal
Physical Evaluation Board, and the Formal Physical Evaluation
Board.
(10) A requirement that, not later than 7 days after
receipt of a report of a delay described in paragraph (9), the
Personnel Service Center shall take corrective action, which
shall ensure that the Coast Guard exercises maximum discretion
to continue the Physical Disability Evaluation System of such a
member in a timely manner, unless such delay is caused by the
member.
(11) A requirement that--
(A) a member of the Coast Guard shall be allowed to
make a request for a reasonable delay in the Physical
Disability Evaluation System to obtain additional input
and consultation from a medical or legal professional;
and
(B) any such request for delay shall be approved by
the Commandant based on a showing of good cause by the
member.
(c) Report on Temporary Policy.--Not later than 60 days after the
date of the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a copy of the policy developed under subsection (a).
(d) Permanent Policy.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall publish a Commandant
Instruction making the policy developed under subsection (a) a
permanent policy of the Coast Guard.
(e) Briefing.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall provide the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
briefing on, and a copy of, the permanent policy.
(f) Annual Report on Costs.--
(1) In general.--Not less frequently than annually, 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, for the preceding fiscal year--
(A) details the total aggregate service-wide costs
described in subsection (b)(7)(A)(ii) for members of
the Coast Guard whose Physical Disability Evaluation
System process has exceeded 90 days; and
(B) includes for each such member--
(i) an accounting of such costs; and
(ii) the number of days that elapsed
between the initiation and completion of the
Physical Disability Evaluation System process.
(2) Personally identifiable information.--A report under
paragraph (1) shall not include the personally identifiable
information of any member of the Coast Guard.
SEC. 427. EXPANSION OF ACCESS TO COUNSELING.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commandant shall hire, train, and deploy not
fewer than an additional 5 behavioral health specialists.
(b) Requirement.--Through the hiring process required by subsection
(a), the Commandant shall ensure that at least 35 percent of behavioral
health specialists employed by the Coast Guard have experience in
behavioral healthcare for the purpose of supporting members of the
Coast Guard with fertility, infertility, pregnancy, miscarriage, child
loss, postpartum depression, and related counseling needs.
(c) Accessibility.--The support provided by the behavioral health
specialists described in subsection (a)--
(1) may include care delivered via telemedicine; and
(2) shall be made widely available to members of the Coast
Guard.
(d) Authorization of Appropriations.--Of the amounts authorized to
be appropriated under section 4902(1)(A) of title 14, United States
Code, as amended by section 101 of this Act, $2,000,000 shall be made
available to the Commandant for each of fiscal years 2023 and 2024 to
carry out this section.
SEC. 428. EXPANSION OF POSTGRADUATE OPPORTUNITIES FOR MEMBERS OF THE
COAST GUARD IN MEDICAL AND RELATED FIELDS.
(a) In General.--The Commandant shall expand opportunities for
members of the Coast Guard to secure postgraduate degrees in medical
and related professional disciplines for the purpose of supporting
Coast Guard clinics and operations.
(b) Military Training Student Loads.--Section 4904(b)(3) of title
14, United States Code, is amended by striking ``350'' and inserting
``385''.
SEC. 429. STUDY ON COAST GUARD TELEMEDICINE PROGRAM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall commence a study on the Coast Guard telemedicine program.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) An assessment of--
(A) the current capabilities and limitations of the
Coast Guard telemedicine program;
(B) the degree of integration of such program with
existing electronic health records;
(C) the capability and accessibility of such
program, as compared to the capability and
accessibility of the telemedicine programs of the
Department of Defense and commercial medical providers;
(D) the manner in which the Coast Guard
telemedicine program may be expanded to provide better
clinical and behavioral medical services to members of
the Coast Guard, including such members stationed at
remote units or onboard Coast Guard cutters at sea; and
(E) the costs savings associated with the provision
of--
(i) care through telemedicine; and
(ii) preventative care.
(2) An identification of barriers to full use or expansion
of such program.
(3) A description of the resources necessary to expand such
program to its full capability.
(c) Report.--Not later than 1 year after commencing the study
required by subsection (a), the Comptroller General 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 findings of the study.
SEC. 430. STUDY ON COAST GUARD MEDICAL FACILITIES NEEDS.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall commence a study on Coast Guard medical facilities needs.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) A current list of Coast Guard medical facilities,
including clinics, sickbays, and shipboard facilities.
(2) A summary of capital needs for Coast Guard medical
facilities, including construction and repair.
(3) A summary of equipment upgrade backlogs of Coast Guard
medical facilities.
(4) An assessment of improvements to Coast Guard medical
facilities, including improvements to IT infrastructure,
required to enable the Coast Guard to fully use telemedicine
and implement other modernization initiatives.
(5) An evaluation of the process used by the Coast Guard to
identify, monitor, and construct Coast Guard medical
facilities.
(6) A description of the resources necessary to fully
address all Coast Guard medical facilities needs.
(c) Report.--Not later than 1 year after commencing the study
required by subsection (a), the Comptroller General 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 findings of the study.
Subtitle C--Housing
SEC. 441. STRATEGY TO IMPROVE QUALITY OF LIFE AT REMOTE UNITS.
(a) In General.--Not more than 180 days after the date of the
enactment of this Act, the Commandant shall develop a strategy to
improve the quality of life for members of the Coast Guard and their
dependents who are stationed in remote units.
(b) Elements.--The strategy required by subsection (a) shall
address the following:
(1) Methods to improve the availability or affordability of
housing options for members of the Coast Guard and their
dependents through--
(A) Coast Guard-owned housing;
(B) Coast Guard-facilitated housing; or
(C) basic allowance for housing adjustments to
rates that are more competitive for members of the
Coast Guard seeking privately owned or privately rented
housing.
(2) Methods to improve access by members of the Coast Guard
and their dependents to--
(A) medical, dental, and pediatric care;
(B) healthcare specific to women; and
(C) behavioral healthcare.
(3) Methods to increase access to child care services,
including recommendations for increasing child care capacity
and opportunities for care within the Coast Guard and in the
private sector.
(4) Methods to improve non-Coast Guard network internet
access at remote units--
(A) to improve communications between families and
members of the Coast Guard on active duty; and
(B) for other purposes such as education and
training.
(5) Methods to support spouses and dependents who face
challenges specific to remote locations.
(6) Any other matter the Commandant considers appropriate.
(c) Briefing.--Not later than 180 days after the strategy required
by subsection (a) is completed, the Commandant shall provide to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a briefing on the strategy.
(d) Remote Unit Defined.--In this section, the term ``remote unit''
means a unit located in an area in which members of the Coast Guard and
their dependents are eligible for TRICARE Prime Remote.
SEC. 442. STUDY ON COAST GUARD HOUSING ACCESS, COST, AND CHALLENGES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall commence a study on housing access, cost, and associated
challenges facing members of the Coast Guard.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) An assessment of--
(A) the extent to which--
(i) the Commandant has evaluated the
sufficiency, availability, and affordability of
housing options for members of the Coast Guard
and their dependents; and
(ii) the Coast Guard owns and leases
housing for members of the Coast Guard and
their dependents;
(B) the methods used by the Commandant to manage
housing data, and the manner in which the Commandant
uses such data--
(i) to inform Coast Guard housing policy;
and
(ii) to guide investments in Coast Guard-
owned housing capacity and other investments in
housing, such as long-term leases and other
options; and
(C) the process used by the Commandant to gather
and provide information used to calculate housing
allowances for members of the Coast Guard and their
dependents, including whether the Commandant has
established best practices to manage low-data areas.
(2) An assessment as to whether it is advantageous for the
Coast Guard to continue to use the Department of Defense basic
allowance for housing system.
(3) Recommendations for actions the Commandant should take
to improve the availability and affordability of housing for
members of the Coast Guard and their dependents who are
stationed in--
(A) remote units located in areas in which members
of the Coast Guard and their dependents are eligible
for TRICARE Prime Remote; or
(B) units located in areas with a high number of
vacation rental properties.
(c) Report.--Not later than 1 year after commencing the study
required by subsection (a), the Comptroller General 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 findings of the study.
(d) Strategy.--Not later than 180 days after the submission of the
report required by subsection (c), the Commandant shall publish a Coast
Guard housing strategy that addresses the findings set forth in the
report, which shall, at a minimum--
(1) address housing inventory shortages and affordability;
and
(2) include a Coast Guard-owned housing infrastructure
investment prioritization plan.
Subtitle D--Other Matters
SEC. 451. REPORT ON AVAILABILITY OF EMERGENCY SUPPLIES FOR COAST GUARD
PERSONNEL.
(a) In General.--Not later than 180 days after the date of the
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 the availability of
appropriate emergency supplies at Coast Guard units.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the extent to which--
(A) the Commandant ensures that Coast Guard units
assess risks and plan accordingly to obtain and
maintain appropriate emergency supplies; and
(B) Coast Guard units have emergency food and water
supplies available according to local emergency
preparedness needs.
(2) A description of any challenge the Commandant faces in
planning for and maintaining adequate emergency supplies for
Coast Guard personnel.
(c) Publication.--Not later than 90 days after the date of
submission of the report required by subsection (a), the Commandant
shall publish a strategy and recommendations in response to the report
that includes--
(1) a plan for improving emergency preparedness and
emergency supplies for Coast Guard units; and
(2) a process for periodic review and engagement with Coast
Guard units to ensure emerging emergency response supply needs
are achieved and maintained.
TITLE V--MARITIME
Subtitle A--Vessel Safety
SEC. 501. ABANDONED SEAFARER FUND AMENDMENTS.
Section 11113 of title 46, United States Code, is amended--
(1) in the matter preceding subparagraph (A) of subsection
(a)(2), by striking ``may be appropriated'' and inserting
``shall be available without further appropriations, and shall
remain available until expended,''; and
(2) in subsection (c)--
(A) in the matter preceding subparagraph (A) of
paragraph (1), by inserting ``plus a surcharge of 25
percent of such total amount'', after ``seafarer''; and
(B) by striking paragraph (4).
SEC. 502. RECEIPTS; INTERNATIONAL AGREEMENTS FOR ICE PATROL SERVICES.
Section 80301(c) of title 46, United States Code, is amended by
striking the period at the end and inserting ``and shall be available
until expended for the purpose of the Coast Guard international ice
patrol program.''.
SEC. 503. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.
Notwithstanding any other provision of law, requirements
authorized under sections 3509 of title 46, United States Code, shall
not apply to any passenger vessel, as defined in section 2101 of such
title, that--
(1) carries in excess of 250 passengers; and
(2) is, or was, in operation in the internal waters of the
United States on voyages inside the Boundary Line, as defined
in section 103 of such title, on or before July 27, 2030.
SEC. 504. AT-SEA RECOVERY OPERATIONS PILOT PROGRAM.
(a) In General.--The Secretary shall conduct a pilot program to
evaluate the potential use of remotely controlled or autonomous
operation and monitoring of certain vessels for the purposes of--
(1) better understanding the complexities of such at-sea
operations and potential risks to navigation safety, vessel
security, maritime workers, the public, and the environment;
(2) gathering observational and performance data from
monitoring the use of remotely controlled or autonomous
vessels; and
(3) assessing and evaluating regulatory requirements
necessary to guide the development of future occurrences of
such operations and activities.
(b) Duration and Effective Date.--The duration of the pilot program
established under this section shall be not more than 5 years beginning
on the date on which the pilot program is established, which shall be
not later than 180 days after the date of enactment of this Act.
(c) Authorized Activities.--The activities authorized under this
section include--
(1) remote over-the-horizon monitoring operations related
to the active at-sea recovery of spaceflight components on an
unmanned vessel or platform;
(2) procedures for the unaccompanied operation and
monitoring of an unmanned spaceflight recovery vessel or
platform; and
(3) unmanned vessel transits and testing operations without
a physical tow line related to space launch and recovery
operations, except within 12 nautical miles of a port.
(d) Interim Authority.--In recognition of potential risks to
navigation safety, vessel security, maritime workers, the public, and
the environment, and the unique circumstances requiring the use of
remotely operated or autonomous vessels, the Secretary, in the pilot
program established under subsection (a), may--
(1) allow remotely controlled or autonomous vessel
operations to proceed consistent to the extent practicable
under titles 33 and 46 of the United States Code, including
navigation and manning laws and regulations;
(2) modify or waive applicable regulations and guidance as
the Secretary considers appropriate to--
(A) allow remote and autonomous vessel at-sea
operations and activities to occur while ensuring
navigation safety; and
(B) ensure the reliable, safe, and secure operation
of remotely controlled or autonomous vessels; and
(3) require each remotely operated or autonomous vessel to
be at all times under the supervision of 1 or more
individuals--
(A) holding a merchant mariner credential which is
suitable to the satisfaction of the Coast Guard; and
(B) who shall practice due regard for the safety of
navigation of the autonomous vessel, to include
collision avoidance.
(e) Rule of Construction.--Nothing in this section shall be
construed to authorize the Secretary to--
(1) permit foreign vessels to participate in the pilot
program established under subsection (a);
(2) waive or modify applicable laws and regulations under
titles 33 and 46 of the United States Code, except to the
extent authorized under subsection (d)(2); or
(3) waive or modify any regulations arising under
international conventions.
(f) Savings Provision.--Nothing in this section may be construed to
authorize the employment in the coastwise trade of a vessel or platform
that does not meet the requirements of sections 12112, 55102, 55103,
and 55111 of title 46, United States Code.
(g) Briefings.--The Secretary or the designee of the Secretary
shall brief the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives on the program established under
subsection (a) on a quarterly basis.
(h) Report.--Not later than 180 days after the expiration of the
pilot program established under subsection (a), the Secretary 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 final report regarding an assessment of the
execution of the pilot program and implications for maintaining
navigation safety, the safety of maritime workers, and the preservation
of the environment.
(i) GAO Report.--
(1) In general.--Not later than 18 months after the date of
enactment of this section, 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 the state of autonomous and remote
technologies in the operation of shipboard equipment and the
safe and secure navigation of vessels in Federal waters of the
United States.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) An assessment of commercially available
autonomous and remote technologies in the operation of
shipboard equipment and the safe and secure navigation
of vessels during the 10 years immediately preceding
the date of the report.
(B) An analysis of the safety, physical security,
cybersecurity, and collision avoidance risks and
benefits associated with autonomous and remote
technologies in the operation of shipboard equipment
and the safe and secure navigation of vessels,
including environmental considerations.
(C) An assessment of the impact of such autonomous
and remote technologies, and all associated
technologies, on labor, including--
(i) roles for credentialed and
noncredentialed workers regarding such
autonomous, remote, and associated
technologies; and
(ii) training and workforce development
needs associated with such technologies.
(D) An assessment and evaluation of regulatory
requirements necessary to guide the development of
future autonomous, remote, and associated technologies
in the operation of shipboard equipment and safe and
secure navigation of vessels.
(E) An assessment of the extent to which such
technologies are being used in other countries and how
such countries have regulated such technologies.
(F) Recommendations regarding authorization,
infrastructure, and other requirements necessary for
the implementation of such technologies in the United
States.
(3) Consultation.--The report required under paragraph (1)
shall include, at a minimum, consultation with the maritime
industry including--
(A) vessel operators, including commercial
carriers, entities engaged in exploring for,
developing, or producing resources, including non-
mineral energy resources in its offshore areas, and
supporting entities in the maritime industry;
(B) shipboard personnel impacted by any change to
autonomous vessel operations, in order to assess the
various benefits and risks associated with the
implementation of autonomous, remote, and associated
technologies in the operation of shipboard equipment
and safe and secure navigation of vessels and the
impact such technologies would have on maritime jobs
and maritime manpower; and
(C) relevant federally funded research
institutions, non-governmental organizations, and
academia.
(j) Definitions.--In this section:
(1) Merchant mariner credential.--The term ``merchant
mariner credential'' means a merchant mariner license,
certificate, or document that the Secretary is authorized to
issue pursuant to title 46, United States Code.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
SEC. 505. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL PASSENGER
VESSELS.
(a) Restructuring.--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 before section 30503 the following:
``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) Applicability.--Section 30502 of title 46, United States Code,
is amended--
(1) by striking ``Except as otherwise provided'' and
inserting the following: ``(a) In General.--Except as to
covered small passenger vessels and as otherwise provided'';
(2) by striking ``section 30503'' and inserting ``section
30521''; and
(3) by adding at the end the following:
``(b) Application.--Notwithstanding subsection (a), the
requirements of section 30526 of this title shall apply to covered
small passenger vessels.''.
(d) 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''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``6 months'' and
inserting ``2 years''; and
(B) in paragraph (2), by striking ``one year'' and
inserting ``2 years''.
(e) Chapter Analysis.--The analysis for chapter 305 of title 46,
United States Code, is amended--
(1) by inserting before the item relating to section 30501
the following:
``subchapter i--general provisions'';
(2) by inserting after the item relating to section 30502
the following:
``subchapter ii--exoneration and limitation of liability'';
(3) by striking the item relating to section 30501 and
inserting the following:
``30501. Definitions.'';
and
(4) by redesignating the items relating to sections 30503
through 30512 as items relating to sections 30521 through
30530, respectively.
(f) 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. 506. MORATORIUM ON TOWING VESSEL INSPECTION USER FEES.
Notwithstanding section 9701 of title 31, United States Code, and
section 2110 of title 46 of such Code, the Secretary of the department
in which the Coast Guard is operating may not charge an inspection fee
for a towing vessel that has a certificate of inspection issued under
subchapter M of chapter I of title 46, Code of Federal Regulations (or
any successor regulation), and that uses the Towing Safety Management
System option for compliance with such subchapter, until--
(1) the completion of the review required under section 815
of the Frank LoBiondo Coast Guard Authorization Act of 2018 (14
U.S.C. 946 note; Public Law 115-282); and
(2) the promulgation of regulations to establish specific
inspection fees for such vessels.
SEC. 507. CERTAIN HISTORIC PASSENGER VESSELS.
(a) Report on Covered Historic Vessels.--
(1) 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 evaluating the practicability of the
application of section 3306(n)(3)(v) of title 46, United States
Code, to covered historic vessels.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) An assessment of the compliance, as of the date
on which the report is submitted in accordance with
paragraph (1), of covered historic vessels with section
3306(n)(3)(v) of title 46, United States Code.
(B) An assessment of the safety record of covered
historic vessels.
(C) An assessment of the risk, if any, that
modifying the requirements under section 3306(n)(3)(v)
of title 46, United States Code, would have on the
safety of passengers and crew of covered historic
vessels.
(D) An evaluation of the economic practicability of
the compliance of covered historic vessels with such
section 3306(n)(3)(v) and whether that compliance would
meaningfully improve safety of passengers and crew in a
manner that is both feasible and economically
practicable.
(E) Any recommendations to improve safety in
addition to, or in lieu of, such section 3306(n)(3)(v).
(F) Any other recommendations as the Comptroller
General determines are appropriate with respect to the
applicability of such section 3306(n)(3)(v) to covered
historic vessels.
(G) An assessment to determine if covered historic
vessels could be provided an exemption to such section
3306(n)(3)(v) and what changes to legislative or
rulemaking requirements, including modifications to
section 177.500(q) of title 46, Code of Federal
Regulations (as in effect on the date of enactment of
this Act), are necessary to provide the Commandant the
authority to make such exemption or to otherwise
provide for such exemption.
(b) Consultation.--In completing the report required under
subsection (a)(1), the Comptroller General may consult with--
(1) the National Transportation Safety Board;
(2) the Coast Guard; and
(3) the maritime industry, including relevant federally
funded research institutions, nongovernmental organizations,
and academia.
(c) Extension for Covered Historic Vessels.--The captain of a port
may waive the requirements of section 3306(n)(3)(v) of title 46, United
States Code, with respect to covered historic vessels for not more than
2 years after the date of submission of the report required by
subsection (a) to Congress in accordance with such subsection.
(d) Savings Clause.--Nothing in this section shall limit any
authority available, as of the date of enactment of this Act, to the
captain of a port with respect to safety measures or any other
authority as necessary for the safety of covered historic vessels.
(e) Notice to Passengers.--A covered historic vessel that receives
a waiver under subsection (c) shall, beginning on the date on which the
requirements under section 3306(n)(3)(v) of title 46, United States
Code, take effect, provide a prominently displayed notice on its
website, ticket counter, and each ticket for passengers that the vessel
is exempt from meeting the Coast Guard safety compliance standards
concerning egress as provided for under such section 3306(n)(3)(v).
(f) Definition of Covered Historic Vessels.--In this section, the
term ``covered historic vessels'' means the following:
(1) American Eagle (Official Number 229913).
(2) Angelique (Official Number 623562).
(3) Heritage (Official Number 649561).
(4) J & E Riggin (Official Number 226422).
(5) Ladona (Official Number 222228).
(6) Lewis R. French (Official Number 015801).
(7) Mary Day (Official Number 288714).
(8) Stephen Taber (Official Number 115409).
(9) Victory Chimes (Official Number 136784).
(10) Grace Bailey (Official Number 085754).
(11) Mercantile (Official Number 214388).
(12) Mistress (Official Number 509004).
SEC. 508. COAST GUARD DIGITAL REGISTRATION.
Section 12304(a) of title 46, United States Code, is amended--
(1) by striking ``shall be pocketsized,''; and
(2) by striking ``, and may be valid'' and inserting ``and
may be in hard copy or digital form. The certificate shall be
valid''.
SEC. 509. RESPONSES 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 a recommendation and supporting justification by the
National Transportation Safety Board relating to transportation safety,
the Commandant shall submit to the National Transportation Safety Board
a written response to the 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 with which the
Commandant concurs, an explanation of the actions the
Commandant intends to take to implement such recommendation;
``(2) with respect to a recommendation with 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 with which the
Commandant does not concur, the reasons the Commandant does not
concur.
``(c) Failure To Respond.--If the National Transportation Safety
Board has not received the written response required under subsection
(a) by the end of the time period described in that subsection, the
National Transportation Safety Board shall notify the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
that such response has not been received.''.
(b) Clerical Amendment.--The analysis for chapter 7 of title 14,
United States Code, is amended by adding at the end the following:
``721. Responses to safety recommendations.''.
SEC. 510. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON
THE COAST GUARD'S OVERSIGHT OF THIRD-PARTY ORGANIZATIONS.
(a) In General.--The Comptroller General of the United States shall
initiate a review, not later than 1 year after the date of enactment of
this Act that assesses the Coast Guard's oversight of third-party
organizations.
(b) Elements.--The study required under subsection (a) shall
analyze the following:
(1) Coast Guard utilization of third-party organizations in
its prevention mission, and the extent the Coast Guard plans to
increase such use to enhance prevention mission performance,
including resource utilization and specialized expertise.
(2) The extent the Coast Guard has assessed the potential
risks and benefits of using third-party organizations to
support prevention mission activities.
(3) The extent the Coast Guard provides oversight of third-
party organizations authorized to support prevention mission
activities.
(c) Report.--The Comptroller General shall submit the results from
this study not later than 1 year after initiating the review to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives.
Subtitle B--Other Matters
SEC. 521. DEFINITION OF A STATELESS VESSEL.
Section 70502(d)(1) of title 46, United States Code, is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) a vessel aboard which no individual, on
request of an officer of the United States authorized
to enforce applicable provisions of United States law,
claims to be the master or is identified as the
individual in charge and that has no other claim of
nationality or registry under paragraph (1) or (2) of
subsection (e).''.
SEC. 522. REPORT ON ENFORCEMENT OF COASTWISE LAWS.
Not later than 1 year of the date of enactment of this Act, the
Commandant 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. 523. STUDY ON MULTI-LEVEL SUPPLY CHAIN SECURITY STRATEGY OF THE
DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall
initiate a study that assesses the efforts of the Department of
Homeland Security with respect to securing vessels and maritime cargo
bound for the United States from national security related risks and
threats.
(b) Elements.--The study required under subsection (a) shall assess
the following:
(1) Programs that comprise the maritime strategy of the
Department of Homeland Security for securing vessels and
maritime cargo bound for the United States, and the extent that
such programs cover the critical components of the global
supply chain.
(2) The extent to which the components of the Department of
Homeland Security responsible for maritime security issues have
implemented leading practices in collaboration.
(3) The extent to which the Department of Homeland Security
has assessed the effectiveness of its maritime security
strategy.
(c) Report.--Not later than 1 year after initiating the study under
subsection (a), the Comptroller General of the United States shall
submit the results from the study to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
SEC. 524. STUDY TO MODERNIZE THE MERCHANT MARINER LICENSING AND
DOCUMENTATION SYSTEM.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Commandant shall submit to the Committee on Commerce,
Science, and Transportation and the Committee on Appropriations of the
Senate, and the Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives, a report
on the financial, human, and information technology infrastructure
resources needed to establish an electronic merchant mariner licensing
and documentation system.
(b) Legislative and Regulatory Suggestions.--The report described
in paragraph (1) shall include recommendations for such legislative or
administrative actions as the Commandant determines necessary to
establish the electronic merchant mariner licensing and documentation
system described in subsection (a) as soon as possible.
SEC. 525. STUDY AND REPORT ON DEVELOPMENT AND MAINTENANCE OF MARINER
RECORDS DATABASE.
(a) Study.--
(1) In general.--The Secretary, in coordination with the
Commandant and the Administrator of the Maritime Administration
and the Commander of the United States Transportation Command,
shall conduct a study on the potential benefits and feasibility
of developing and maintaining a Coast Guard database that--
(A) contains records with respect to each
credentialed mariner, including credential validity,
drug and alcohol testing results, and information on
any final adjudicated agency action involving a
credentialed mariner or regarding any involvement in a
marine casualty; and
(B) maintains such records in a manner such that
data can be readily accessed by the Federal Government
for the purpose of assessing workforce needs and for
the purpose of the economic and national security of
the United States.
(2) Elements.--The study required under paragraph (1)
shall--
(A) include an assessment of the resources,
including information technology, and authorities
necessary to develop and maintain the database
described in such paragraph; and
(B) specifically address the protection of the
privacy interests of any individuals whose information
may be contained within the database, which shall
include limiting access to the database or having
access to the database be monitored by, or accessed
through, a member of the Coast Guard.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary 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 results of the study under subsection (a), including
findings, conclusions, and recommendations.
(c) Definitions.--In this section:
(1) Credentialed mariner.--The term ``credentialed
mariner'' means an individual with a merchant mariner license,
certificate, or document that the Secretary is authorized to
issue pursuant to title 46, United States Code.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Department in which the Coast Guard is operating.
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 offense under a State, local, or Tribal law.
``(46) `sexual harassment' means any of the following:
``(A) Conduct towards an individual (which may have
been by the individual's supervisor, a supervisor in
another area, a coworker, or another credentialed
mariner) that--
``(i) involves unwelcome sexual advances,
requests for sexual favors, or deliberate or
repeated offensive comments or gestures of a
sexual nature, when--
``(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) any submission to, or
rejection of, such conduct by the
individual is used as a basis for
decisions affecting the individual's
job, pay, career, benefits, or
entitlements; or
``(III) such conduct has the
purpose or effect of unreasonably
interfering with the individual's work
performance or creates an intimidating,
hostile, or offensive working
environment; and
``(ii) is so severe or pervasive that a
reasonable person would perceive, and the
individual does perceive, the environment as
hostile or offensive.
``(B) Any use or condonation by any person in a
supervisory or command position of any form of sexual
behavior to control, influence, or affect the career,
pay, or job of an individual who is a subordinate to
the person.
``(C) Any intentional or repeated unwelcome verbal
comment or gesture of a sexual nature towards or about
an individual by the individual's supervisor, a
supervisor in another area, a coworker, or another
credentialed mariner.''.
(b) Report.--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 any changes the Commandant may propose to the
definitions added by the amendments in subsection (a).
(c) Conforming Amendments.--
(1) Section 2113(3) of title 46, United States Code, is
amended by striking ``section 2101(51)(A)'' and inserting
``section 2101(53)(A)''.
(2) Section 4105 of title 46, United States Code, is
amended--
(A) in subsections (b)(1) and (c), by striking
``section 2101(51)'' each place it appears and
inserting ``section 2101(53)''; and
(B) in subsection (d), by striking ``section
2101(51)(A)'' and inserting ``section 2101(53)(A)''.
(3) Section 1131(a)(1)(E) of title 49, United States Code,
is amended by striking ``section 2101(46)'' and inserting
``116''.
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
offense under a State, local, or Tribal law.
``(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 offense under a State, local, or Tribal law.''.
(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. ACCOMMODATION; NOTICES.
Section 11101 of title 46, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) 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, sexual harassment, retaliation, and
drug and alcohol use; and
``(B) procedures and resources to report
allegations of sexual assault and sexual harassment,
including information--
``(i) on the contact information, website
address, and mobile application of the Coast
Guard Investigative Services and the Coast
Guard National Command Center, in order to
report allegations of sexual assault or sexual
harassment;
``(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) on additional items specified in
regulations issued by, and at the discretion
of, the Secretary.''; and
(2) in subsection (d), by adding at the end the following:
``In each washing place in a visible location, there shall be
information regarding procedures and resources to report
alleged sexual assault and sexual harassment upon the vessel,
and vessel owner or company policies prohibiting sexual assault
and sexual harassment, retaliation, and drug and alcohol
use.''.
SEC. 604. PROTECTION AGAINST DISCRIMINATION.
Section 2114(a) of title 46, United States Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (B) through (G)
as subparagraphs (C) through (H), respectively; and
(B) 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;''; and
(2) in paragraphs (2) and (3), by striking ``paragraph
(1)(B)'' each place it appears and inserting ``paragraph
(1)(C)''.
SEC. 605. ALCOHOL AT SEA.
(a) In General.--The Commandant shall seek to enter into an
agreement with the National Academy of Sciences not later than 1 year
after the date of the enactment of this Act under which the National
Academy of Sciences shall prepare an assessment to determine safe
levels of alcohol consumption and possession by crew members aboard
vessels of the United States engaged in commercial service, except when
such possession is associated with the commercial sale to individuals
aboard the vessel who are not crew members.
(b) Assessment.--The assessment under this section shall--
(1) take into account the safety and security of every
individual on the vessel;
(2) take into account reported incidences of sexual
harassment or sexual assault, as defined in section 2101 of
title 46, United States Code; and
(3) provide any appropriate recommendations for any changes
to laws, including regulations, or employer policies.
(c) Submission.--Upon completion of the assessment under this
section, the National Academy of Sciences shall submit the assessment
to the Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Transportation and Infrastructure of the House
of Representatives, the Commandant, and the Secretary of the department
in which the Coast Guard is operating.
(d) Regulations.--
(1) The Commandant--
(A) shall review the findings and recommendations
of the assessment under this section by not later than
180 days after receiving the assessment under
subsection (c); and
(B) taking into account the safety and security of
every individual on vessels of the United States
engaged in commercial service, may issue regulations
relating to alcohol consumption on such vessels.
(e) Report Required.--If, by the date that is 2 years after the
receipt of the assessment under subsection (c), the Commandant does not
issue regulations under subsection (d), the Commandant shall provide a
report by such date to the appropriate committees of Congress--
(1) regarding the rationale for not issuing such
regulations; and
(2) providing other recommendations as necessary to ensure
safety at sea.
SEC. 606. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR SUSPENSION
AND 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 and 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 10 years
before the beginning of the suspension and revocation proceedings, is
the subject of a substantiated claim of sexual harassment, then the
license, certificate of registry, or merchant mariner's document shall
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 20 years
before the beginning of the suspension and revocation proceedings, is
the subject of a substantiated claim of sexual assault, then the
license, certificate of registry, or merchant mariner's document shall
be revoked.
``(c) Substantiated Claim.--
``(1) In general.--In this section, the term `substantiated
claim' means--
``(A) a legal proceeding or agency action in any
administrative proceeding that determines the
individual committed sexual harassment or sexual
assault in violation of any Federal, State, local, or
Tribal law or regulation and for which all appeals have
been exhausted, as applicable; or
``(B) a determination after an investigation by the
Coast Guard that it is more likely than not that the
individual committed sexual harassment or sexual
assault as defined in section 2101, if the
determination 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
evaluation of the following materials that shall be provided to
the Coast Guard:
``(A) Any inquiry or determination made by the
employer of the individual as to whether the individual
committed sexual harassment or sexual assault.
``(B) Upon request from the Coast Guard, 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) Additional review.--A license, certificate of
registry, or merchant mariner's document shall not be suspended
or revoked under subsection (a) or (b), unless the
substantiated claim is reviewed and affirmed, in accordance
with the applicable definition in section 2101, by an
administrative law judge at the same suspension or revocation
hearing under this chapter described in subsection (a) or (b),
as applicable.''.
(b) Clerical Amendment.--The analysis for 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. 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 NONPASSENGER COMMERCIAL VESSELS
``Sec. 4901. Surveillance requirements
``(a) Applicability.--
``(1) In general.--The requirements in this section shall
apply to vessels engaged in commercial service that do not
carry passengers and are any of the following:
``(A) A documented vessel with overnight
accommodations for at least 10 persons on board that--
``(i) is on a voyage of at least 600 miles
and crosses seaward of the boundary line; or
``(ii) is at least 24 meters (79 feet) in
overall length and required to have a load line
under chapter 51.
``(B) A documented vessel on an international
voyage that is of--
``(i) at least 500 gross tons as measured
under section 14502; or
``(ii) an alternate tonnage measured under
section 14302 as prescribed by the Secretary
under section 14104.
``(C) A vessel 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 (as defined in section 2(a) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)).
``(2) Exception.--Notwithstanding paragraph (1), the
requirements in this section shall not apply to any fishing
vessel, fish processing vessel, or fish tender vessel.
``(b) Requirement for Maintenance of Video Surveillance System.--
Each vessel to which this section applies shall maintain a video
surveillance system in accordance with this section.
``(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 the
date of enactment of the 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 onto 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) if 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 section 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 4 years after the footage is obtained.
Any video and audio surveillance found to be associated with an alleged
incident of sexual harassment or sexual assault shall be retained by
such owner for not less than 10 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) Personnel Training.--A vessel owner, managing operator, or
employer of a seafarer (in this subsection referred to as the
`company') shall provide training for all individuals employed by the
company for the purpose of responding to incidents of sexual assault or
sexual harassment, including--
``(1) such training to ensure the individuals--
``(A) retain audio and visual records and other
evidence objectively; and
``(B) act impartially without influence from the
company or others; and
``(2) training on applicable Federal, State, Tribal, and
local laws and regulations regarding sexual assault and sexual
harassment investigations and reporting requirements.
``(h) Definition of Owner.--In this section, the term `owner' means
the owner, charterer, managing operator, master, or other individual in
charge of a vessel.''.
(b) Clerical Amendment.--The analysis of subtitle II at the
beginning of title 46, United States Code, is amended by adding after
the item relating to chapter 47 the following:
``Chapter 49--Oceangoing Nonpassenger Commercial Vessels''.
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)(A) establish a list of all crew members, identified
by position, allowed to access and use the master key; and
``(B) maintain such list upon the vessel within owner
records and include such list in the vessel safety management
system under section 3203(a)(6);
``(3) record in a log book, which may be electronic and
shall be included in the safety management system under section
3203(a)(6), 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.--A crew member 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 access to or use of such key.
``(c) Penalty.--Any crew member who violates subsection (b) 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.''.
(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), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) with respect to sexual harassment and sexual assault,
procedures and annual training requirements for all responsible
persons and vessels to which this chapter applies on--
``(A) prevention;
``(B) bystander intervention;
``(C) reporting;
``(D) response; and
``(E) investigation;
``(6) the list required under section 3106(a)(2) and the
log book required under section 3106(a)(3);'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), 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.
``(c) Audits.--
``(1) In general.--Upon discovery of a failure of a
responsible person or vessel to comply with a requirement under
section 10104 during an audit of a safety management system or
from other sources of information acquired by the Coast Guard
(including an audit or systematic review under section
10104(g)), the Secretary shall audit the safety management
system of a vessel under this section to determine if there is
a failure to comply with any other requirement under section
10104.
``(2) Certificates.--
``(A) Suspension.--During an audit of a safety
management system of a vessel required under paragraph
(1), the Secretary may suspend the Safety Management
Certificate issued for the vessel under section 3205
and issue a separate Safety Management Certificate for
the vessel to be in effect for a 3-month period
beginning on the date of the issuance of such separate
certificate.
``(B) Revocation.--At the conclusion of an audit of
a safety management system required under paragraph
(1), the Secretary shall revoke the Safety Management
Certificate issued for the vessel under section 3205 if
the Secretary determines--
``(i) that the holder of the Safety
Management Certificate knowingly, or
repeatedly, failed to comply with section
10104; or
``(ii) other failure of the safety
management system resulted in the failure to
comply with such section.
``(3) Documents of compliance.--
``(A) In general.--Following an audit of the safety
management system of a vessel required under paragraph
(1), the Secretary may audit the safety management
system of the responsible person for the vessel.
``(B) Suspension.--During an audit under
subparagraph (A), the Secretary may suspend the
Document of Compliance issued to the responsible person
under section 3205 and issue a separate Document of
Compliance to such person to be in effect for a 3-month
period beginning on the date of the issuance of such
separate document.
``(C) Revocation.--At the conclusion of an
assessment or an audit of a safety management system
under subparagraph (A), the Secretary shall revoke the
Document of Compliance issued to the responsible person
if the Secretary determines--
``(i) that the holder of the Document of
Compliance knowingly, or repeatedly, failed to
comply with section 10104; or
``(ii) that other failure of the safety
management system resulted in the failure to
comply with such section.''.
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 Members.--
``(1) In general.--A crew member of a documented vessel
shall report to the Commandant in accordance with subsection
(c) any complaint or incident of sexual harassment or sexual
assault of which the crew member has firsthand or personal
knowledge.
``(2) Penalty.--Except as provided in paragraph (3), a crew
member with firsthand or personal knowledge of a sexual assault
or sexual harassment incident on a documented 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.
``(3) Amnesty.--A crew member who knowingly fails to make
the required reporting under paragraph (1) shall not be subject
to the penalty described in paragraph (2) if the complaint is
shared in confidence with the crew member directly from the
individual who experienced the sexual harassment or sexual
assault or the crew member is a victim advocate as defined in
section 40002(a) of the Violence Against Women Act of 1994 (34
U.S.C. 12291(a)).
``(b) Mandatory Reporting by Vessel Owner, Master, Managing
Operator, or Employer.--
``(1) In general.--A vessel owner, master, or managing
operator of a documented vessel or the employer of a seafarer
on that vessel shall report to the Commandant in accordance
with subsection (c) any complaint or incident of sexual
harassment or sexual assault involving a crew member in
violation of employer policy or law of which such vessel owner
or managing operator is made aware. Such reporting shall
include results of any investigation into the incident, if
applicable, and any action taken against the offending crew
member.
``(2) Penalty.--A vessel owner, master, or managing
operator of a documented vessel 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 $50,000.
``(c) Reporting Procedures.--
``(1) Timing.--
``(A) Reports by crew members.--A report required
under subsection (a) shall be made as soon as
practicable, but not later than 10 days after the
individual develops firsthand or personal knowledge of
the sexual assault or sexual harassment incident, to
the Commandant by the fastest telecommunications
channel available.
``(B) Reports by vessel owners, masters, managing
operators, or employers.--A report required under
subsection (b) shall be made immediately after the
vessel owner, master, managing operator, or employer of
the seafarer gains knowledge of a sexual assault or
sexual harassment incident by the fastest
telecommunications channel available. Such report shall
be made to the Commandant and the appropriate officer
or agency of the government of the country in whose
waters the incident occurs.
``(2) Contents.--A report required under subsection (a) or
(b) shall include, to the best of the knowledge of the
individual making the report--
``(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.
``(3) Receiving reports and collection of information.--
``(A) Receiving reports.--With respect to reports
submitted under this subsection to the Coast Guard, the
Commandant--
``(i) may establish additional reporting
procedures, including procedures for receiving
reports through--
``(I) a telephone number that is
continuously manned at all times; and
``(II) an email address that is
continuously monitored; and
``(ii) shall use procedures that include
preserving evidence in such reports and
providing emergency service referrals.
``(B) Collection of information.--After receiving a
report under this subsection, the Commandant shall
collect information related to the identity of each
alleged victim, alleged perpetrator, and witness
identified in the report through a means designed to
protect, to the extent practicable, the personal
identifiable information of such individuals.
``(d) Subpoena Authority.--
``(1) In general.--The Commandant may compel the testimony
of witnesses and the production of any evidence by subpoena to
determine compliance with this section.
``(2) Jurisdictional limits.--The jurisdictional limits of
a subpoena issued under this section are the same as, and are
enforceable in the same manner as, subpoenas issued under
chapter 63 of this title.
``(e) Company After-Action Summary.--A vessel owner, master,
managing operator, or employer of a seafarer that makes a report under
subsection (b), or becomes aware of a report made under subsection (a)
that involves an individual employed by the owner, master, operator, or
employer at the time of the sexual assault or sexual harassment
incident, shall--
``(1) submit to the Commandant a document with detailed
information to describe the actions taken by the vessel owner,
master, managing operator, or employer of a seafarer after it
became aware of the sexual assault or sexual harassment
incident; and
``(2) make such submission not later than 10 days after the
vessel owner, master, managing operator, or employer of a
seafarer made the report under subsection (b), or became aware
of a report made under subsection (a) that involves an
individual employed by the owner, master, operator, or employer
at the time of the sexual assault or sexual harassment
incident.
``(f) Required Company Records.--A vessel owner, master, managing
operator, or employer of a seafarer shall--
``(1) submit to the Commandant copies of all records,
including documents, files, recordings, statements, reports,
investigatory materials, findings, and any other materials
requested by the Commandant related to the claim of sexual
assault or sexual harassment; and
``(2) make such submission not later than 14 days after--
``(A) the vessel owner, master, managing operator,
or employer of a seafarer submitted a report under
subsection (b); or
``(B) the vessel owner, master, managing operator,
or employer of a seafarer acquired knowledge of a
report made under subsection (a) that involved
individuals employed by the vessel owner, master,
managing operator, or employer of a seafarer.
``(g) Investigatory Audit.--The Commandant shall periodically
perform an audit or other systematic review of the submissions made
under this section to determine if there were any failures to comply
with the requirements of this section.
``(h) Civil Penalty.--A vessel owner, master, managing operator, or
employer of a seafarer that fails to comply with subsection (e) or (f)
is liable to the United States Government for a civil penalty of
$50,000 for each day a failure continues.
``(i) Applicability; Regulations.--
``(1) Effective date.--The requirements of this section
take effect on the date of enactment of the Coast Guard
Authorization Act of 2022.
``(2) Regulations.--The Commandant may issue regulations to
implement the requirements of this section.
``(3) Reports.--Any report required to be made to the
Commandant under this section shall be made to the Coast Guard
National Command Center, until regulations establishing other
reporting procedures are issued.''.
SEC. 611. CIVIL ACTIONS FOR PERSONAL INJURY OR DEATH OF SEAMEN.
(a) Personal Injury to or Death of Seamen.--Section 30104 of title
46, United States Code, is amended by inserting ``, including an injury
resulting from sexual assault or sexual harassment (as such terms are
defined in section 2101),'' 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, as such terms are defined in section
2101, shall be brought not later 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 relating 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.--Subchapter IV of 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) Sexual Assault Forensic Exam Procedure.--
``(1) In general.--Before embarking on any prescheduled
voyage, a Coast Guard vessel shall have in place a written
operating procedure that ensures that an embarked victim of
sexual assault shall have access to a sexual assault forensic
examination--
``(A) as soon as possible after the victim requests
an examination; and
``(B) that is treated with the same level of
urgency as emergency medical care.
``(2) Requirements.--The written operating procedure
required by paragraph (1), shall, at a minimum, account for--
``(A) the health, safety, and privacy of a victim
of sexual assault;
``(B) the proximity of ashore or afloat medical
facilities, including coordination as necessary with
the Department of Defense, including other military
departments (as defined in section 101 of title 10,
United States Code);
``(C) the availability of aeromedical evacuation;
``(D) the operational capabilities of the vessel
concerned;
``(E) the qualifications of medical personnel
onboard;
``(F) coordination with law enforcement and the
preservation of evidence;
``(G) the means of accessing a sexual assault
forensic examination and medical care with a restricted
report of sexual assault;
``(H) the availability of nonprescription pregnancy
prophylactics; and
``(I) other unique military considerations.''.
(b) Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall seek to enter into an
agreement with the National Academy of Sciences under which the
National Academy of Sciences shall conduct a study to assess
the feasibility of the development of a self-administered
sexual assault forensic examination for use by victims of
sexual assault onboard a vessel at sea.
(2) Elements.--The study under paragraph (1) shall--
(A) take into account--
(i) the safety and security of the alleged
victim of sexual assault;
(ii) the ability to properly identify,
document, and preserve any evidence relevant to
the allegation of sexual assault; and
(iii) the applicable criminal procedural
laws relating to authenticity, relevance,
preservation of evidence, chain of custody, and
any other matter relating to evidentiary
admissibility; and
(B) provide any appropriate recommendation for
changes to existing laws, regulations, or employer
policies.
(3) Report.--Upon completion of the study under paragraph
(1), the National Academy of Sciences shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Secretary of the
department in which the Coast Guard is operating a report on
the findings of the study.
(c) Clerical Amendment.--The analysis for subchapter IV of 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.''.
SEC. 613. REPORTS TO CONGRESS.
(a) In General.--Chapter 101 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 10105. Reports to Congress
``Not later than 1 year after the date of enactment of the Coast
Guard Authorization Act of 2022, and on an annual basis thereafter, 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 to include--
``(1) the number of reports received under section 10104;
``(2) the number of penalties issued under such section;
``(3) the number of open investigations under such section,
completed investigations under such section, and the outcomes
of such open or completed investigations;
``(4) the number of assessments or audits conducted under
section 3203 and the outcome of those assessments or audits;
``(5) a statistical analysis of compliance with the safety
management system criteria under section 3203;
``(6) the number of credentials denied or revoked due to
sexual harassment, sexual assault, or related offenses; and
``(7) recommendations to support efforts of the Coast Guard
to improve investigations and oversight of sexual harassment
and sexual assault in the maritime sector, including funding
requirements and legislative change proposals necessary to
ensure compliance with title VI of the Coast Guard
Authorization Act of 2022 and the amendments made by such
title.''.
(b) Clerical Amendment.--The analysis for chapter 101 of title 46,
United States Code, is amended by adding at the end the following:
``10105. Reports to Congress.''.
SEC. 614. POLICY ON REQUESTS FOR PERMANENT CHANGES OF STATION OR UNIT
TRANSFERS BY PERSONS WHO REPORT BEING THE VICTIM OF
SEXUAL ASSAULT.
Not later than 30 days after the date of the enactment of this Act,
the Commandant, in consultation with the Director of the Health,
Safety, and Work Life Directorate, shall issue an interim update to
Coast Guard policy guidance to allow a member of the Coast Guard who
has reported being the victim of a sexual assault or any other offense
covered by section 920, 920c, or 930 of title 10, United States Code
(article 120, 120c, or 130 of the Uniform Code of Military Justice) to
request an immediate change of station or a unit transfer. The final
policy shall be updated not later than 1 year after the date of the
enactment of this Act.
SEC. 615. SEX OFFENSES AND PERSONNEL RECORDS.
Not later than 180 days after the date of the enactment of this
Act, the Commandant shall issue final regulations or policy guidance
required to fully implement section 1745 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C.
1561 note).
SEC. 616. STUDY ON COAST GUARD OVERSIGHT AND INVESTIGATIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall commence a study to assess the oversight over Coast Guard
activities, including investigations, personnel management,
whistleblower protection, and other activities carried out by the
Department of Homeland Security Office of Inspector General.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) An analysis of the ability of the Department of
Homeland Security Office of Inspector General to ensure timely,
thorough, complete, and appropriate oversight over the Coast
Guard, including oversight over both civilian and military
activities.
(2) An assessment of--
(A) the best practices with respect to such
oversight; and
(B) the ability of the Department of Homeland
Security Office of Inspector General and the Commandant
to identify and achieve such best practices.
(3) An analysis of the methods, standards, and processes
employed by the Department of Defense Office of Inspector
General and the Inspectors General of the Armed Forces (as
defined in section 101 of title 10, United States Code), other
than the Coast Guard, to conduct oversight and investigation
activities.
(4) An analysis of the methods, standards, and processes of
the Department of Homeland Security Office of Inspector General
with respect to oversight over the civilian and military
activities of the Coast Guard, as compared to the methods,
standards, and processes described in paragraph (3).
(5) An assessment of the extent to which the Coast Guard
Investigative Service completes investigations or other
disciplinary measures after referral of complaints from the
Department of Homeland Security Office of Inspector General.
(6) A description of the staffing, expertise, training, and
other resources of the Department of Homeland Security Office
of Inspector General, and an assessment as to whether such
staffing, expertise, training, and other resources meet the
requirements necessary for meaningful, timely, and effective
oversight over the activities of the Coast Guard.
(c) Report.--Not later than 1 year after commencing the study
required by subsection (a), the Comptroller General 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 findings of the study, including
recommendations with respect to oversight over Coast Guard activities.
SEC. 617. STUDY ON SPECIAL VICTIMS' COUNSEL PROGRAM.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall enter into an agreement with a federally
funded research and development center for the conduct of a study on--
(1) the Special Victims' Counsel program of the Coast
Guard;
(2) Coast Guard investigations of sexual assault offenses
for cases in which the subject of the investigation is no
longer under jeopardy for the alleged misconduct for reasons
including the death of the accused, a lapse in the statute of
limitations for the alleged offense, and a fully adjudicated
criminal trial of the alleged offense in which all appeals have
been exhausted; and
(3) legal support and representation provided to members of
the Coast Guard who are victims of sexual assault, including in
instances in which the accused is a member of the Army, Navy,
Air Force, Marine Corps, or Space Force.
(b) Elements.--The study required by subsection (a) shall assess
the following:
(1) The Special Victims' Counsel program of the Coast
Guard, including training, effectiveness, capacity to handle
the number of cases referred, and experience with cases
involving members of the Coast Guard and members of another
Armed Force (as defined in section 101 of title 10, United
States Code).
(2) The experience of Special Victims' Counsels in
representing members of the Coast Guard during a court-martial.
(3) Policies concerning the availability and detailing of
Special Victims' Counsels for sexual assault allegations, in
particular such allegations in which the accused is a member of
another Armed Force (as defined in section 101 of title 10,
United States Code), and the impact that the cross-service
relationship had on--
(A) the competence and sufficiency of services
provided to the alleged victim; and
(B) the interaction between--
(i) the investigating agency and the
Special Victims' Counsels; and
(ii) the prosecuting entity and the Special
Victims' Counsels.
(4) Training provided to, or made available for, Special
Victims' Counsels and paralegals with respect to Department of
Defense processes for conducting sexual assault investigations
and Special Victims' Counsel representation of sexual assault
victims.
(5) The ability of Special Victims' Counsels to operate
independently without undue influence from third parties,
including the command of the accused, the command of the
victim, the Judge Advocate General of the Coast Guard, and the
Deputy Judge Advocate General of the Coast Guard.
(6) The skill level and experience of Special Victims'
Counsels, as compared to special victims' counsels available to
members of the Army, Navy, Air Force, Marine Corps, and Space
Force.
(7) Policies regarding access to an alternate Special
Victims' Counsel, if requested by the member of the Coast Guard
concerned, and potential improvements for such policies.
(c) Report.--Not later than 180 days after entering into an
agreement under subsection (a), the federally funded research and
development center 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--
(1) the findings of the study required by that subsection;
(2) recommendations to improve the coordination, training,
and experience of Special Victims' Counsels of the Coast Guard
so as to improve outcomes for members of the Coast Guard who
have reported sexual assault; and
(3) any other recommendation the federally funded research
and development center considers appropriate.
TITLE VII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration
Commissioned Officer Corps
SEC. 701. DEFINITIONS.
Section 212(b) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C.
3002(b)) is amended by adding at the end the following:
``(8) Under secretary.--The term `Under Secretary' means
the Under Secretary of Commerce for Oceans and Atmosphere.''.
SEC. 702. REQUIREMENT FOR APPOINTMENTS.
Section 221(c) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C.
3021(c)) is amended by striking ``may not be given'' and inserting the
following: ``may--
``(1) be given only to an individual who is a citizen of
the United States; and
``(2) not be given''.
SEC. 703. REPEAL OF REQUIREMENT TO PROMOTE ENSIGNS AFTER 3 YEARS OF
SERVICE.
(a) In General.--Section 223 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33
U.S.C. 3023) is amended to read as follows:
``SEC. 223. SEPARATION OF ENSIGNS FOUND NOT FULLY QUALIFIED.
``If an officer in the permanent grade of ensign is at any time
found not fully qualified, the officer's commission shall be revoked
and the officer shall be separated from the commissioned service.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by striking the item relating to section 223 and inserting
the following:
``Sec. 223. Separation of ensigns found not fully qualified.''.
SEC. 704. AUTHORITY TO PROVIDE AWARDS AND DECORATIONS.
(a) In General.--Subtitle A of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3001
et seq.) is amended by adding at the end the following:
``SEC. 220. AWARDS AND DECORATIONS.
``The Under Secretary may provide ribbons, medals, badges,
trophies, and similar devices to members of the commissioned officer
corps of the Administration and to members of other uniformed services
for service and achievement in support of the missions of the
Administration.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by inserting after the item relating to section 219 the
following:
``Sec. 220. Awards and decorations.''.
SEC. 705. RETIREMENT AND SEPARATION.
(a) Involuntary Retirement or Separation.--Section 241(a)(1) of the
National Oceanic and Atmospheric Administration Commissioned Officer
Corps Act of 2002 (33 U.S.C. 3041(a)(1)) is amended to read as follows:
``(1) an officer in the permanent grade of captain or
commander may--
``(A) except as provided by subparagraph (B), be
transferred to the retired list; or
``(B) if the officer is not qualified for
retirement, be separated from service; and''.
(b) Retirement for Age.--Section 243(a) of that Act (33 U.S.C.
3043(a)) is amended by striking ``be retired'' and inserting ``be
retired or separated (as specified in section 1251(e) of title 10,
United States Code)''.
(c) Retirement or Separation Based on Years of Creditable
Service.--Section 261(a) of that Act (33 U.S.C. 3071(a)) is amended--
(1) by redesignating paragraphs (17) through (26) as
paragraphs (18) through (27), respectively; and
(2) by inserting after paragraph (16) the following:
``(17) Section 1251(e), relating to retirement or
separation based on years of creditable service.''.
SEC. 706. LICENSURE OF HEALTH-CARE PROFESSIONALS.
Section 263 of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3073) is amended--
(1) by striking ``The Secretary'' and inserting ``(a) In
General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Licensure of Health-Care Professionals.--
``(1) In general.--Notwithstanding any other provision of
law regarding the licensure of health-care providers, a health-
care professional described in paragraph (2) may practice the
health profession or professions of the health-care
professional at any location in any State, the District of
Columbia, or a Commonwealth, territory, or possession of the
United States, or in any other area within or beyond the
jurisdiction of the United States, regardless of where the
health-care professional or the patient of the health-care
professional is located, if the practice is within the scope of
the authorized Federal duties of the health-care professional.
``(2) Health-care professional described.--A health-care
professional described in this paragraph is a health-care
professional--
``(A) who is--
``(i) a member of the commissioned officer
corps of the Administration;
``(ii) a civilian employee of the
Administration;
``(iii) an officer or employee of the
Public Health Service who is assigned or
detailed to the Administration; or
``(iv) any other health-care professional
credentialed and privileged at a Federal
health-care institution or location specially
designated by the Secretary; and
``(B) who--
``(i) has a current license to practice
medicine, osteopathic medicine, dentistry, or
another health profession; and
``(ii) is performing authorized duties for
the Administration.
``(3) Definitions.--In this subsection:
``(A) Health-care professional.--The term `health-
care professional' has the meaning given that term in
section 1094(e) of title 10, United States Code, except
that such section shall be applied and administered by
substituting `Secretary of Commerce' for `Secretary of
Defense' each place it appears.
``(B) License.--The term `license' has the meaning
given that term in such section.''.
SEC. 707. IMPROVING PROFESSIONAL MARINER STAFFING.
(a) In General.--Subtitle E of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3071
et seq.) is amended by adding at the end the following:
``SEC. 269B. SHORE LEAVE FOR PROFESSIONAL MARINERS.
``(a) In General.--The Under Secretary may prescribe regulations
relating to shore leave for professional mariners without regard to the
requirements of section 6305 of title 5, United States Code.
``(b) Requirements.--The regulations prescribed under subsection
(a) shall--
``(1) require that a professional mariner serving aboard an
ocean-going vessel be granted a leave of absence of four days
per pay period; and
``(2) provide that a professional mariner serving in a
temporary promotion position aboard a vessel may be paid the
difference between the mariner's temporary and permanent rates
of pay for leave accrued while serving in the temporary
promotion position.
``(c) Professional Mariner Defined.--In this section, the term
`professional mariner' means an individual employed on a vessel of the
Administration who has the necessary expertise to serve in the
engineering, deck, steward, electronic technician, or survey
department.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Act entitled ``An Act to reauthorize the Hydrographic Services
Improvement Act of 1998, and for other purposes'' (Public Law 107-372)
is amended by inserting after the item relating to section 269A the
following:
``Sec. 269B. Shore leave for professional mariners.''.
SEC. 708. LEGAL ASSISTANCE.
Section 1044(a)(3) of title 10, United States Code, is amended by
inserting ``or the commissioned officer corps of the National Oceanic
and Atmospheric Administration'' after ``Public Health Service''.
SEC. 709. ACQUISITION OF AIRCRAFT FOR EXTREME WEATHER RECONNAISSANCE.
(a) Increased Fleet Capacity.--
(1) In general.--The Under Secretary of Commerce for Oceans
and Atmosphere shall acquire adequate aircraft platforms with
the necessary observation and modification requirements--
(A) to meet agency-wide air reconnaissance and
research mission requirements, particularly with
respect to hurricanes and tropical cyclones, and also
for atmospheric chemistry, climate, air quality for
public health, full-season fire weather research and
operations, full-season atmospheric river air
reconnaissance observations, and other mission areas;
and
(B) to ensure data and information collected by the
aircraft are made available to all users for research
and operations purposes.
(2) Contracts.--In carrying out paragraph (1), the Under
Secretary shall negotiate and enter into 1 or more contracts or
other agreements, to the extent practicable and necessary, with
1 or more governmental, commercial, or nongovernmental
entities.
(3) Derivation of funds.--For each of fiscal years 2023
through 2026, amounts to support the implementation of
paragraphs (1) and (2) shall be derived--
(A) from amounts appropriated to the Office of
Marine and Aviation Operations of the National Oceanic
and Atmospheric Administration and available for the
purpose of atmospheric river reconnaissance; and
(B) if amounts described in subparagraph (A) are
insufficient to support the implementation of
paragraphs (1) and (2), from amounts appropriated to
that Office and available for purposes other than
atmospheric river reconnaissance.
(b) Acquisition of Aircraft To Replace the WP-3D Aircraft.--
(1) In general.--Not later than September 30, 2023, the
Under Secretary shall enter into a contract for the acquisition
of 6 aircraft to replace the WP-3D aircraft that provides for--
(A) the first newly acquired aircraft to be fully
operational before the retirement of the last WP-3D
aircraft operated by the National Oceanic and
Atmospheric Administration; and
(B) the second newly acquired aircraft to be fully
operational not later than 1 year after the first such
aircraft is required to be fully operational under
subparagraph (A).
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Under Secretary $1,800,000,000,
without fiscal year limitation, for the acquisition of the
aircraft under paragraph (1).
SEC. 710. REPORT ON PROFESSIONAL MARINER STAFFING MODELS.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the committees specified in subsection (c) a report on
staffing issues relating to professional mariners within the Office of
Marine and Aviation Operations of the National Oceanic and Atmospheric
Administration.
(b) Elements.--The report required by subsection (a) shall include
consideration of--
(1) the challenges the Office of Marine and Aviation
Operations faces in recruiting and retaining qualified
professional mariners;
(2) workforce planning efforts to address those challenges;
and
(3) other models or approaches that exist, or are under
consideration, to provide incentives for the retention of
qualified professional mariners.
(c) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Commerce, Science, and Transportation
of the Senate; and
(2) the Committee on Transportation and Infrastructure and
the Committee on Natural Resources of the House of
Representatives.
(d) Professional Mariner Defined.--In this section, the term
``professional mariner'' means an individual employed on a vessel of
the National Oceanic and Atmospheric Administration who has the
necessary expertise to serve in the engineering, deck, steward, or
survey department.
Subtitle B--Other Matters
SEC. 711. CONVEYANCE OF CERTAIN PROPERTY OF THE NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION IN JUNEAU, ALASKA.
(a) Definitions.--In this section:
(1) City.--The term ``City'' means the City and Borough of
Juneau, Alaska.
(2) Master plan.--The term ``Master Plan'' means the Juneau
Small Cruise Ship Infrastructure Master Plan released by the
Docks and Harbors Board and Port of Juneau for the City and
dated March 2021.
(3) Property.--The term ``Property'' means the parcel of
real property consisting of approximately 2.4 acres, including
tidelands, owned by the United States and under administrative
custody and control of the National Oceanic and Atmospheric
Administration and located at 250 Egan Drive, Juneau, Alaska,
including any improvements thereon that are not authorized or
required by another provision of law to be conveyed to a
specific individual or entity.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Under Secretary of Commerce for
Oceans and Atmosphere and the Administrator of the National
Oceanic and Atmospheric Administration.
(b) Conveyance Authorized.--
(1) In general.--The Secretary may convey, at fair market
value, all right, title, and interest of the United States in
and to the Property, subject to subsection (c) and the
requirements of this section.
(2) Termination of authority.--The authority provided by
paragraph (1) shall terminate on the date that is 3 years after
the date of the enactment of this Act.
(c) Right of First Refusal.--The City shall have the right of first
refusal with respect to the purchase, at fair market value, of the
Property.
(d) Survey.--The exact acreage and legal description of the
Property shall be determined by a survey satisfactory to the Secretary.
(e) Condition; Quitclaim Deed.--If the Property is conveyed under
this section, the Property shall be conveyed--
(1) in an ``as is, where is'' condition; and
(2) via a quitclaim deed.
(f) Fair Market Value.--
(1) In general.--The fair market value of the Property
shall be--
(A) determined by an appraisal that--
(i) is conducted by an independent
appraiser selected by the Secretary; and
(ii) meets the requirements of paragraph
(2); and
(B) adjusted, at the Secretary's discretion, based
on the factors described in paragraph (3).
(2) Appraisal requirements.--An appraisal conducted under
paragraph (1)(A) shall be conducted in accordance with
nationally recognized appraisal standards, including--
(A) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(3) Factors.--The factors described in this paragraph are--
(A) matters of equity and fairness;
(B) actions taken by the City regarding the
Property, if the City exercises its right of first
refusal under subsection (c), including--
(i) comprehensive waterfront planning, site
development, and other redevelopment activities
supported by the City in proximity to the
Property in furtherance of the Master Plan;
(ii) in-kind contributions made to
facilitate and support use of the Property by
governmental agencies; and
(iii) any maintenance expenses, capital
improvement, or emergency expenditures made
necessary to ensure public safety and access to
and from the Property; and
(C) such other factors as the Secretary considers
appropriate.
(g) Costs of Conveyance.--If the City exercises its right of first
refusal under subsection (c), all reasonable and necessary costs,
including real estate transaction and environmental documentation
costs, associated with the conveyance of the Property to the City under
this section may be shared equitably by the Secretary and the City, as
determined by the Secretary, including with the City providing in-kind
contributions for any or all of such costs.
(h) Proceeds.--Notwithstanding section 3302 of title 31, United
States Code, or any other provision of law, any proceeds from a
conveyance of the Property under this section shall--
(1) be deposited in an account or accounts of the National
Oceanic and Atmospheric Administration that exists as of the
date of the enactment of this Act;
(2) used to cover costs associated with the conveyance,
related relocation efforts, and other facility and
infrastructure projects in Alaska; and
(3) remain available until expended, without further
appropriation.
(i) Memorandum of Agreement.--If the City exercises its right of
first refusal under subsection (c), before finalizing a conveyance to
the City under this section, the Secretary and the City shall enter
into a memorandum of agreement to establish the terms under which the
Secretary shall have future access to, and use of, the Property to
accommodate the reasonable expectations of the Secretary for future
operational and logistical needs in southeast Alaska.
(j) Reservation or Easement for Access and Use.--The conveyance
authorized under this section shall be subject to a reservation
providing, or an easement granting, the Secretary, at no cost to the
United States, a right to access and use the Property that--
(1) is compatible with the Master Plan; and
(2) authorizes future operational access and use by other
Federal, State, and local government agencies that have
customarily used the Property.
(k) Liability.--
(1) After conveyance.--An individual or entity to which a
conveyance is made under this section shall hold the United
States harmless from any liability with respect to activities
carried out on or after the date and time of the conveyance of
the Property.
(2) Before conveyance.--The United States shall remain
responsible for any liability the United States incurred with
respect to activities the United States carried out on the
Property before the date and time of the conveyance of the
Property.
(l) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with a conveyance
under this section as the Secretary considers appropriate and
reasonable to protect the interests of the United States.
(m) Environmental Compliance.--Nothing in this section may be
construed to affect or limit the application of or obligation to comply
with any applicable environmental law, including--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(2) section 120(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)).
(n) Conveyance Not a Major Federal Action.--A conveyance under this
section shall not be considered a major Federal action for purposes of
section 102(2) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)).
TITLE VIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
SEC. 801. 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. 802. 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
the enactment of section 8507(b) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 4754); 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. 803. TERMS AND VACANCIES.
Section 46101(b) of title 46, United States Code, is amended--
(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''.
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