[Congressional Record Volume 168, Number 162 (Tuesday, October 11, 2022)]
[Senate]
[Pages S6475-S6516]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6443. Mr. REED (for Ms. Cantwell (for herself and Mr. Wicker))
submitted an amendment intended to be proposed to amendment SA 5499
proposed by Mr. Reed (for himself and Mr. Inhofe) to the bill H.R.
7900, to authorize appropriations for fiscal year 2023 for military
activities of the Department of Defense and for military construction,
and for defense activities of
[[Page S6476]]
the Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end, add the following:
DIVISION E--COAST GUARD AUTHORIZATION ACT OF 2022
SEC. 5001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Coast
Guard Authorization Act of 2022''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION E--COAST GUARD AUTHORIZATION ACT OF 2022
Sec. 5001. Short title; table of contents.
Sec. 5002. Definition of Commandant.
TITLE LI--AUTHORIZATIONS
Sec. 5101. Authorization of appropriations.
Sec. 5102. Authorized levels of military strength and training.
Sec. 5103. Authorization for shoreside infrastructure and facilities.
Sec. 5104. Authorization for acquisition of vessels.
Sec. 5105. Authorization for the child care subsidy program.
TITLE LII--COAST GUARD
Subtitle A--Infrastructure and Assets
Sec. 5201. Report on shoreside infrastructure and facilities needs.
Sec. 5202. Fleet mix analysis and shore infrastructure investment plan.
Sec. 5203. Acquisition life-cycle cost estimates.
Sec. 5204. Report and briefing on resourcing strategy for Western
Pacific region.
Sec. 5205. Study and report on national security and drug trafficking
threats in the Florida Straits and Caribbean region,
including Cuba.
Sec. 5206. Coast Guard Yard.
Sec. 5207. Authority to enter into transactions other than contracts
and grants to procure cost-effective technology for
mission needs.
Sec. 5208. Improvements to infrastructure and operations planning.
Sec. 5209. Aqua alert notification system pilot program.
Subtitle B--Great Lakes
Sec. 5211. Great Lakes winter commerce.
Sec. 5212. Database on icebreaking operations in the Great Lakes.
Sec. 5213. Great Lakes snowmobile acquisition plan.
Sec. 5214. Great Lakes barge inspection exemption.
Sec. 5215. Study on sufficiency of Coast Guard aviation assets to meet
mission demands.
Subtitle C--Arctic
Sec. 5221. Establishment of the Arctic Security Cutter Program Office.
Sec. 5222. Arctic activities.
Sec. 5223. Study on Arctic operations and infrastructure.
Subtitle D--Maritime Cyber and Artificial Intelligence
Sec. 5231. Enhancing maritime cybersecurity.
Sec. 5232. Establishment of unmanned system program and autonomous
control and computer vision technology project.
Sec. 5233. Artificial intelligence strategy.
Sec. 5234. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 5235. Cyber data management.
Sec. 5236. Data management.
Sec. 5237. Study on cyber threats to the United States marine
transportation system.
Subtitle E--Aviation
Sec. 5241. Space-available travel on Coast Guard aircraft: program
authorization and eligible recipients.
Sec. 5242. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 5243. Study on the operational availability of Coast Guard
aircraft and strategy for Coast Guard Aviation.
Subtitle F--Workforce Readiness
Sec. 5251. Authorized strength.
Sec. 5252. Number and distribution of officers on active duty promotion
list.
Sec. 5253. Continuation on active duty of officers with critical
skills.
Sec. 5254. Career incentive pay for marine inspectors.
Sec. 5255. Expansion of the ability for selection board to recommend
officers of particular merit for promotion.
Sec. 5256. Modification to education loan repayment program.
Sec. 5257. Retirement of Vice Commandant.
Sec. 5258. Report on resignation and retirement processing times and
denial.
Sec. 5259. Physical disability evaluation system procedure review.
Sec. 5260. Expansion of authority for multirater assessments of certain
personnel.
Sec. 5261. Promotion parity.
Sec. 5262. Partnership program to diversify the Coast Guard.
Sec. 5263. Expansion of Coast Guard Junior Reserve Officers' Training
Corps.
Sec. 5264. Improving representation of women and racial and ethnic
minorities among Coast Guard active-duty members.
Sec. 5265. Strategy to enhance diversity through recruitment and
accession.
Sec. 5266. Support for Coast Guard Academy.
Sec. 5267. Training for congressional affairs personnel.
Sec. 5268. Strategy for retention of cuttermen.
Sec. 5269. Study on performance of Coast Guard Force Readiness Command.
Sec. 5270. Study on frequency of weapons training for Coast Guard
personnel.
Subtitle G--Miscellaneous Provisions
Sec. 5281. Budgeting of Coast Guard relating to certain operations.
Sec. 5282. Coast Guard assistance to United States Secret Service.
Sec. 5283. Conveyance of Coast Guard vessels for public purposes.
Sec. 5284. Authorization relating to certain intelligence and counter
intelligence activities of the Coast Guard.
Sec. 5285. Transfer and conveyance.
Sec. 5286. Transparency and oversight.
Sec. 5287. Study on safety inspection program for containers and
facilities.
Sec. 5288. Study on maritime law enforcement workload requirements.
Sec. 5289. Feasibility study on construction of Coast Guard station at
Port Mansfield.
Sec. 5290. Modification of prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 5291. Operational data sharing capability.
Sec. 5292. Procurement of tethered aerostat radar system for Coast
Guard Station South Padre Island.
Sec. 5293. Assessment of Iran sanctions relief on Coast Guard
operations under the Joint Comprehensive Plan of Action.
Sec. 5294. Report on shipyards of Finland and Sweden.
Sec. 5295. Prohibition on construction contracts with entities
associated with the Chinese Communist Party.
Sec. 5296. Review of drug interdiction equipment and standards; testing
for fentanyl during interdiction operations.
Sec. 5297. Public availability of information on monthly migrant
interdictions.
TITLE LIII--ENVIRONMENT
Sec. 5301. Definition of Secretary.
Subtitle A--Marine Mammals
Sec. 5311. Definitions.
Sec. 5312. Assistance to ports to reduce the impacts of vessel traffic
and port operations on marine mammals.
Sec. 5313. Near real-time monitoring and mitigation program for large
cetaceans.
Sec. 5314. Pilot program to establish a Cetacean Desk for Puget Sound
region.
Sec. 5315. Monitoring ocean soundscapes.
Subtitle B--Oil Spills
Sec. 5321. Improving oil spill preparedness.
Sec. 5322. Western Alaska oil spill planning criteria.
Sec. 5323. Accident and incident notification relating to pipelines.
Sec. 5324. Coast Guard claims processing costs.
Sec. 5325. Calculation of interest on debt owed to the national
pollution fund.
Sec. 5326. Per-incident limitation.
Sec. 5327. Access to the Oil Spill Liability Trust Fund.
Sec. 5328. Cost-reimbursable agreements.
Sec. 5329. Oil spill response review.
Sec. 5330. Review and report on limited indemnity provisions in standby
oil spill response contracts.
Sec. 5331. Additional exceptions to regulations for towing vessels.
Subtitle C--Environmental Compliance
Sec. 5341. Review of anchorage regulations.
Sec. 5342. 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. 5351. Modifications to the Sport Fish Restoration and Boating
Trust Fund administration.
Sec. 5352. Improvements to Coast Guard communication with North Pacific
maritime and fishing industry.
Sec. 5353. Fishing safety training grants program.
Sec. 5354. Load lines.
Sec. 5355. Actions by National Marine Fisheries Service to increase
energy production.
Subtitle E--Illegal Fishing and Forced Labor Prevention
Sec. 5361. Definitions.
[[Page S6477]]
Chapter 1--Combating Human Trafficking Through Seafood Import
Monitoring
Sec. 5362. Enhancement of Seafood Import Monitoring Program Automated
Commercial Environment Message Set.
Sec. 5363. Data sharing and aggregation.
Sec. 5364. Import audits.
Sec. 5365. Availability of fisheries information.
Sec. 5366. Report on Seafood Import Monitoring Program.
Sec. 5367. Authorization of appropriations.
Chapter 2--Strengthening International Fisheries Management to Combat
Human Trafficking
Sec. 5370. Denial of port privileges.
Sec. 5371. Identification and certification criteria.
Sec. 5372. Equivalent conservation measures.
Sec. 5373. Capacity building in foreign fisheries.
Sec. 5374. Training of United States Observers.
Sec. 5375. Regulations.
Sec. 5376. Use of Devices Broadcasting on AIS for Purposes of Marking
Fishing Gear.
TITLE LIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
Sec. 5401. Coast Guard child care improvements.
Sec. 5402. Armed Forces access to Coast Guard child care facilities.
Sec. 5403. Cadet pregnancy policy improvements.
Sec. 5404. Combat-related special compensation.
Sec. 5405. Study on food security.
Subtitle B--Healthcare
Sec. 5421. Development of medical staffing standards for the Coast
Guard.
Sec. 5422. Healthcare system review and strategic plan.
Sec. 5423. Data collection and access to care.
Sec. 5424. Behavioral health policy.
Sec. 5425. Members asserting post-traumatic stress disorder or
traumatic brain injury.
Sec. 5426. Improvements to the Physical Disability Evaluation System
and transition program.
Sec. 5427. Expansion of access to counseling.
Sec. 5428. Expansion of postgraduate opportunities for members of the
Coast Guard in medical and related fields.
Sec. 5429. Study on Coast Guard telemedicine program.
Sec. 5430. Study on Coast Guard medical facilities needs.
Subtitle C--Housing
Sec. 5441. Strategy to improve quality of life at remote units.
Sec. 5442. Study on Coast Guard housing access, cost, and challenges.
Sec. 5443. Audit of certain military housing conditions of enlisted
members of the Coast Guard in Key West, Florida.
Sec. 5444. Study on Coast Guard housing authorities and privatized
housing.
Subtitle D--Other Matters
Sec. 5451. Report on availability of emergency supplies for Coast Guard
personnel.
TITLE LV--MARITIME
Subtitle A--Vessel Safety
Sec. 5501. Abandoned Seafarers Fund amendments.
Sec. 5502. Receipts; international agreements for ice patrol services.
Sec. 5503. Passenger vessel security and safety requirements.
Sec. 5504. At-sea recovery operations pilot program.
Sec. 5505. Exoneration and limitation of liability for small passenger
vessels.
Sec. 5506. Moratorium on towing vessel inspection user fees.
Sec. 5507. Certain historic passenger vessels.
Sec. 5508. Coast Guard digital registration.
Sec. 5509. Responses to safety recommendations.
Sec. 5510. Comptroller General of the United States study and report on
the Coast Guard's oversight of third party organizations.
Sec. 5511. Articulated tug-barge manning.
Sec. 5512. Alternate safety compliance program exception for certain
vessels.
Subtitle B--Other Matters
Sec. 5521. Definition of a stateless vessel.
Sec. 5522. Report on enforcement of coastwise laws.
Sec. 5523. Study on multi-level supply chain security strategy of the
department of homeland security.
Sec. 5524. Study to modernize the merchant mariner licensing and
documentation system.
Sec. 5525. Study and report on development and maintenance of mariner
records database.
Sec. 5526. Assessment regarding application process for merchant
mariner credentials.
Sec. 5527. Military to Mariners Act of 2022.
Sec. 5528. Floating dry docks.
TITLE LVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 5601. Definitions.
Sec. 5602. Convicted sex offender as grounds for denial.
Sec. 5603. Accommodation; notices.
Sec. 5604. Protection against discrimination.
Sec. 5605. Alcohol at sea.
Sec. 5606. Sexual harassment or sexual assault as grounds for
suspension and revocation.
Sec. 5607. Surveillance requirements.
Sec. 5608. Master key control.
Sec. 5609. Safety management systems.
Sec. 5610. Requirement to report sexual assault and harassment.
Sec. 5611. Access to care and sexual assault forensic examinations.
Sec. 5612. Reports to Congress.
Sec. 5613. Policy on requests for permanent changes of station or unit
transfers by persons who report being the victim of
sexual assault.
Sec. 5614. Sex offenses and personnel records.
Sec. 5615. Study on Coast Guard oversight and investigations.
Sec. 5616. Study on Special Victims' Counsel program.
TITLE LVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration
Commissioned Officer Corps
Sec. 5701. Definitions.
Sec. 5702. Requirement for appointments.
Sec. 5703. Repeal of requirement to promote ensigns after 3 years of
service.
Sec. 5704. Authority to provide awards and decorations.
Sec. 5705. Retirement and separation.
Sec. 5706. Improving professional mariner staffing.
Sec. 5707. Legal assistance.
Sec. 5708. Acquisition of aircraft for extreme weather reconnaissance.
Sec. 5709. Report on professional mariner staffing models.
Subtitle B--Other Matters
Sec. 5711. Conveyance of certain property of the National Oceanic and
Atmospheric Administration in Juneau, Alaska.
TITLE LVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 5801. Technical correction.
Sec. 5802. Reinstatement.
Sec. 5803. Terms and vacancies.
TITLE LIX--RULE OF CONSTRUCTION
Sec. 5901. Rule of construction.
SEC. 5002. DEFINITION OF COMMANDANT.
In this division, the term ``Commandant'' means the
Commandant of the Coast Guard.
TITLE LI--AUTHORIZATIONS
SEC. 5101. 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. 5102. 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. 5103. 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 5101 of this division, for
the period of 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
[[Page S6478]]
and training of a diverse Coast Guard workforce; and
(3) $80,000,000 is authorized for the construction of
additional new child care 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 5101 of
this division--
(1) $400,000,000 is authorized for the period of 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. 5104. 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 5101 of this division, for the period
of 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. 5105. AUTHORIZATION FOR THE CHILD CARE 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 child care subsidy
program.
TITLE LII--COAST GUARD
Subtitle A--Infrastructure and Assets
SEC. 5201. 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,
dredging, 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. 5202. 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. 5203. 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. 5204. 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. 5205. 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
[[Page S6479]]
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. 5206. COAST GUARD YARD.
(a) In General.--With respect to the Coast Guard Yard, the
purposes of the authorization under section 5103(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. 5207. 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 III 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. 5208. 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.
SEC. 5209. AQUA ALERT NOTIFICATION SYSTEM PILOT PROGRAM.
(a) In General.--Not later than 2 years after the date of
the enactment of this Act, the Commandant shall, subject to
the availability of appropriations, establish a pilot program
to improve the issuance of alerts to facilitate cooperation
with the public to render aid to distressed individuals under
section 521 of title 14, United States Code.
(b) Pilot Program Contents.--The pilot program established
under subsection (a) shall, to the maximum extent possible--
(1) include a voluntary opt-in program under which members
of the public, as appropriate, and the entities described in
subsection (c), may receive notifications on cellular devices
regarding Coast Guard activities to render aid to distressed
individuals under section 521 of title 14, United States
Code;
(2) cover areas located within the area of responsibility
of 3 different Coast Guard sectors in diverse geographic
regions; and
(3) provide that the dissemination of an alert shall be
limited to the geographic areas most likely to facilitate the
rendering of aid to distressed individuals.
(c) Consultation.--In developing the pilot program under
subsection (a), the Commandant shall consult--
(1) the head of any relevant Federal agency;
(2) the government of any relevant State;
(3) any Tribal Government;
(4) the government of any relevant territory or possession
of the United States; and
(5) any relevant political subdivision of an entity
described in paragraph (2), (3), or (4).
(d) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, and annually thereafter through
2026, 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 implementation of this
section.
(2) Public availability.--The Commandant shall make the
report submitted under paragraph (1) available to the public.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Commandant to carry out this
section $3,000,000 for each of fiscal years 2023 through
2026, to remain available until expended.
[[Page S6480]]
Subtitle B--Great Lakes
SEC. 5211. 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. 5212. 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. 5213. 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
[[Page S6481]]
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. 5214. 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. 5215. 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 and Coast
Guard District 8 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 and Coast Guard District 8, including the eastern
region of such area of operation with regard to Coast Guard
District 9 and the southern region of such area of operation
with regard to Coast Guard District 8.
Subtitle C--Arctic
SEC. 5221. 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. 5222. 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. 5223. 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. 5231. ENHANCING MARITIME CYBERSECURITY.
(a) Definitions.--In this section:
(1) Cyber incident.--The term ``cyber incident'' has the
meaning given the term ``incident'' in section 2209(a) of the
Homeland Security Act of 2002 (6 U.S.C. 659(a)).
(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) 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,
mitigating, responding to, and recovering from 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.--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.
SEC. 5232. 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--
[[Page S6482]]
``(1) an unmanned aircraft system (as defined in section
44801 of title 49, United States Code);
``(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. 5233. 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) 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
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) Interim 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 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. 5234. 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 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. 5235. CYBER DATA MANAGEMENT.
(a) In General.--The Commandant and the Director of the
Cybersecurity and Infrastructure Security Agency, shall--
(1) develop policies, processes, and operating procedures
governing--
[[Page S6483]]
(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 and the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Transportation and
Infrastructure and the Committee on Homeland Security 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. 5236. 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. 5237. 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 parts
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. 5241. 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. 5242. 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
[[Page S6484]]
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. 5243. 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 current and future mission
demands specific to each rotary-wing and fixed-wing airframe
type in the current inventory of the Coast Guard.
(3) Report.--On completion of the study required by
paragraph (1), the Comptroller General shall submit to the
Commandant 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
Commandant 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--
(i) an analysis of--
(I) the current and future operations and future resource
needs; and
(II) the manner in which such future needs are integrated
with the Future Vertical Lift initiatives of the Department
of Defense; and
(ii) an estimated timeline with respect to when such future
needs will arise.
(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 deploying, and the
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. 5251. 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. 5252. 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. 5253. 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.''.
[[Page S6485]]
SEC. 5254. 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. 5255. 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. 5256. 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 by
striking the item relating to section 2772 and inserting the
following:
``2772. Education loan repayment program: members on active duty in
specified military specialties.''.
SEC. 5257. 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. 5258. 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.
[[Page S6486]]
SEC. 5259. 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. 5260. 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. 5261. 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
[[Page S6487]]
(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 section 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. 5262. 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)));
[[Page S6488]]
(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. 5263. 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. 5264. 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 training 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. 5265. 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. 5266. 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 3201(e) of title 10, the
Commandant may enter into such contracts and cooperative
agreements on a sole source basis pursuant to section 3204(a)
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.
[[Page S6489]]
``(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 of 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. 5267. 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.''.
(b) Clerical Amendment.--The analysis for chapter 3 of
title 14, United States Code, is amended by striking the item
relating to section 315 and inserting the following:
``315. Training for congressional affairs personnel.''.
SEC. 5268. 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 all crewmembers.
(4) Actionable steps to improve access to high-speed
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. 5269. 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. 5270. 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. 5281. BUDGETING OF COAST GUARD RELATING TO CERTAIN
OPERATIONS.
(a) In General.--Chapter 51 of title 14, United States
Code, as amended by section
[[Page S6490]]
5252(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
``Not later than 1 year after the date of the enactment of
this section, and every February 1 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 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 5252(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. 5282. 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. 5283. 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 509 of such
title, as added by section 5241 of this Act;
(3) redesignated as section 510 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, as amended by section 5241
of this Act, is amended by adding at the end the following:
``510. Conveyance of Coast Guard vessels for public purposes.''.
(c) Conveyance of Coast Guard Vessels for Public
Purposes.--Section 510 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. 5284. AUTHORIZATION RELATING TO CERTAIN INTELLIGENCE AND
COUNTER INTELLIGENCE ACTIVITIES OF THE COAST
GUARD.
(a) Authorization.--Consistent with the policies,
procedures, and coordination required pursuant to section 811
of the Counterintelligence and Security Enhancements Act of
1994 (50 U.S.C. 3381) and section 902 of the
Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3382),
the Commandant may expend amounts made available for the
intelligence and counterintelligence activities of the Coast
Guard to conduct such an activity without regard to any other
provision of law or regulation relating to the expenditure of
Government funds, if the object of the activity is of a
confidential, extraordinary, or emergency nature.
(b) Quarterly Report.--At the beginning of each fiscal
quarter, the Commandant shall submit to the appropriate
committees of Congress a report that includes, for each
individual expenditure during the preceding fiscal quarter
under subsection (a), the following:
(1) A detailed description of the purpose of such
expenditure.
(2) The amount of such expenditure.
(3) An identification of the approving authority for such
expenditure.
(4) A justification as to why other authorities available
to the Coast Guard could not be used for such expenditure.
(5) Any other matter the Commandant considers appropriate.
(c) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation
and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Transportation and Infrastructure and
the Permanent Select Committee on Intelligence of the House
of Representatives.
(d) Sunset.--This section shall cease to have effect on the
date that is 3 years after the date of the enactment of this
Act.
SEC. 5285. 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. 5286. 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--
[[Page S6491]]
(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. 5287. 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 and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Homeland Security 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.
SEC. 5288. STUDY ON MARITIME LAW ENFORCEMENT WORKLOAD
REQUIREMENTS.
(a) Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commandant shall commence a
study that assesses the maritime law enforcement workload
requirements of the Coast Guard.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) For each of the 10 years immediately preceding the date
of the enactment of this Act, an analysis of--
(i) the total number of migrant interdictions, and Coast
Guard sectors in which such interdictions occurred;
(ii) the total number of drug interdictions, the amount and
type of drugs interdicted, and the Coast Guard sectors in
which such interdictions occurred;
(iii) the physical assets used for drug interdictions,
migrant interdictions, and other law enforcement purposes;
and
(iv) the total number of Coast Guard personnel who carried
out drug interdictions, migrant interdictions, and other law
enforcement activities.
(B) An assessment of--
(i) migrant and drug interdictions and other law
enforcement activities along the maritime boundaries of the
United States, including the maritime boundaries of the
northern and southern continental United States and Alaska;
(ii) Federal policies and procedures related to immigration
and asylum, and the associated impact of such policies and
procedures on the activities described in clause (i),
including--
(I) public health exclusion policies, such as expulsion
pursuant to sections 362 and 365 of the Public Health Service
Act (42 U.S.C. 265 and 268); and
(II) administrative asylum processing policies, such as the
remain in Mexico policy and the migrant protection protocols;
(iii) increases or decreases in physical terrestrial
infrastructure in and around the international borders of the
United States, and the associated impact of such increases or
decreases on the activities described in clause (i); and
(iv) increases or decreases in physical Coast Guard assets
in the areas described in clause (i), the proximity of such
assets to such areas, and the associated impact of such
increases or decreases on the activities described in clause
(i).
(b) Report.--Not later than 1 year after commencing the
study required by subsection (a), the Commandant shall submit
to the Committee on Commerce, Science, and Transportation and
the Committee on the Judiciary of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on the Judiciary of the House of Representatives a
report on the findings of the study.
(c) Briefing.--Not later than 90 days after the date on
which the report required by subsection (b) is submitted, the
Commandant shall provide a briefing on the report to the
Committee on Commerce, Science, and Transportation and the
Committee on the Judiciary of the Senate and the Committee on
Transportation and Infrastructure and the Committee on the
Judiciary of the House of Representatives.
SEC. 5289. FEASIBILITY STUDY ON CONSTRUCTION OF COAST GUARD
STATION AT PORT MANSFIELD.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall commence a
feasibility study on construction of a Coast Guard station at
Port Mansfield, Texas.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) An assessment of the resources and workforce
requirements necessary for a new Coast Guard station at Port
Mansfield.
(B) An identification of the enhancements to the missions
and capabilities of the Coast Guard that a new Coast Guard
station at Port Mansfield would provide.
(C) An estimate of the life-cycle costs of such a facility,
including the construction, maintenance costs, and staffing
costs.
(D) A cost-benefit analysis of the enhancements and
capabilities provided, as compared to the costs of
construction, maintenance, and staffing.
(b) Report.--Not later than 180 days after commencing the
study required by 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 on
the findings of the study.
SEC. 5290. MODIFICATION OF PROHIBITION ON OPERATION OR
PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT
SYSTEMS.
Section 8414 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 14 U.S.C. 1156 note) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Exemption.--The Commandant is exempt from the
restriction under subsection (a) if the operation or
procurement is for the purposes of--
``(1) counter-UAS system surrogate testing and training; or
``(2) intelligence, electronic warfare, and information
warfare operations, testing, analysis, and training.'';
(2) by amending subsection (c) to read as follows:
``(c) Waiver.--The Commandant may waive the restriction
under subsection (a) on a case-by-case basis by certifying in
writing not later than 15 days after exercising such waiver
to the Department of Homeland Security, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure of the House
of Representatives that the operation or procurement of a
covered unmanned aircraft system is required in the national
interest of the United States.'';
(3) in subsection (d)--
(A) by amending paragraph (1) to read as follows:
``(1) Covered foreign country.--The term `covered foreign
country' means any of the following:
``(A) The People's Republic of China.
``(B) The Russian Federation.
``(C) The Islamic Republic of Iran.
``(D) The Democratic People's Republic of Korea.''; and
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
[[Page S6492]]
(C) by inserting after paragraph (1) the following:
``(2) Covered unmanned aircraft system.--The term `covered
unmanned aircraft system' means--
``(A) an unmanned aircraft system described in paragraph
(1) of subsection (a); and
``(B) a system described in paragraph (2) of that
subsection.''; and
(D) in paragraph (4), as redesignated, by inserting ``, and
any related services and equipment'' after ``United States
Code''; and
(4) by adding at the end the following:
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Commandant $2,700,000 to replace covered unmanned
aircraft systems.
``(2) Replacement.--Not later than 90 days after the date
of the enactment of this Act, the Commandant shall replace
covered unmanned aircraft systems of the Coast Guard with
unmanned aircraft systems manufactured in the United States
or an allied country (as that term is defined in section
2350f(d)(1) of title 10, United States Code).''.
SEC. 5291. OPERATIONAL DATA SHARING CAPABILITY.
(a) In General.--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 (referred to in this
section as the ``Secretary'') shall, consistent with the
ongoing Integrated Multi-Domain Enterprise joint effort by
the Department of Homeland Security and the Department of
Defense, establish a secure, centralized capability to allow
real-time, or near real-time, data and information sharing
between U.S. Customs and Border Protection and the Coast
Guard for purposes of maritime boundary domain awareness and
enforcement activities along the maritime boundaries of the
United States, including the maritime boundaries in the
northern and southern continental United States and Alaska.
(b) Priority.--In establishing the capability under
subsection (a), the Secretary shall prioritize enforcement
areas experiencing the highest levels of enforcement
activity.
(c) Requirements.--The capability established under
subsection (a) shall be sufficient for the secure sharing of
data, information, and surveillance necessary for operational
missions, including data from governmental assets,
irrespective of whether an asset belongs to the Coast Guard,
U.S. Customs and Border Protection, or any other partner
agency, located in and around mission operation areas.
(d) Elements.--The Commissioner of U.S. Customs and Border
Protection and the Commandant shall jointly--
(1) assess and delineate the types and quality of data
sharing needed to meet the respective operational missions of
U.S. Customs and Border Protection and the Coast Guard,
including video surveillance, seismic sensors, infrared
detection, space-based remote sensing, and any other data or
information necessary;
(2) develop appropriate requirements and processes for the
credentialing of personnel of U.S. Customs and Border
Protection and personnel of the Coast Guard to access and use
the capability established under subsection (a); and
(3) establish a cost-sharing agreement for the long-term
operation and maintenance of the capability and the assets
that provide data to the capability.
(e) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation and the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Transportation and
Infrastructure and the Committee on Homeland Security of the
House of Representatives a report on the establishment of the
capability under this section.
(f) Rule of Construction.--Nothing in this section may be
construed to authorize the Coast Guard, U.S. Customs and
Border Protection, or any other partner agency to acquire,
share, or transfer personal information relating to an
individual in violation of any Federal or State law or
regulation.
SEC. 5292. PROCUREMENT OF TETHERED AEROSTAT RADAR SYSTEM FOR
COAST GUARD STATION SOUTH PADRE ISLAND.
Subject to the availability of appropriations, the
Secretary of the department in which the Coast Guard is
operating shall procure not fewer than 1 tethered aerostat
radar system, or similar technology, for use by the Coast
Guard and other partner agencies, including U.S. Customs and
Border Protection, at and around Coast Guard Station South
Padre Island.
SEC. 5293. ASSESSMENT OF IRAN SANCTIONS RELIEF ON COAST GUARD
OPERATIONS UNDER THE JOINT COMPREHENSIVE PLAN
OF ACTION.
Not later than 1 year after the date of the enactment of
this Act, the Commandant, in consultation with the Director
of the Defense Intelligence Agency and the Commander of
United States Central Command, 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, in an unclassified setting
with a classified component if necessary, on--
(1) the extent to which the Commandant assesses Iran would
use sanctions relief received by Iran under the Joint
Comprehensive Plan of Action to bolster Iran's support for
Iranian forces or Iranian-linked groups across the Middle
East in a manner that may impact Coast Guard personnel and
operations in the Middle East; and
(2) the Coast Guard requirements for deterring and
countering increased malign behavior from such groups with
respect to activities under the jurisdiction of the Coast
Guard.
SEC. 5294. REPORT ON SHIPYARDS OF FINLAND AND SWEDEN.
Not later than 2 years after the date of the enactment of
this Act, the Commandant, in consultation with the
Comptroller General of the United States, shall submit to
Congress a report that analyzes the shipyards of Finland and
Sweden to assess future opportunities for technical
assistance related to engineering to aid the Coast Guard in
fulfilling its future mission needs.
SEC. 5295. PROHIBITION ON CONSTRUCTION CONTRACTS WITH
ENTITIES ASSOCIATED WITH THE CHINESE COMMUNIST
PARTY.
(a) In General.--The Commandant may not award any contract
for new construction until the date on which the Commandant
provides to Congress a certification that the other party has
not, during the 10-year period preceding the planned date of
award, directly or indirectly held an economic interest in an
entity that is--
(1) owned or controlled by the People's Republic of China;
and
(2) part of the defense industry of the Chinese Communist
Party.
(b) Inapplicability to Taiwan.--Subsection (a) shall not
apply with respect to an economic interest in an entity owned
or controlled by Taiwan.
SEC. 5296. REVIEW OF DRUG INTERDICTION EQUIPMENT AND
STANDARDS; TESTING FOR FENTANYL DURING
INTERDICTION OPERATIONS.
(a) Review.--
(1) In general.--The Commandant, in consultation with the
Administrator of the Drug Enforcement Administration and the
Secretary of Health and Human Services, shall--
(A) conduct a review of--
(i) the equipment, testing kits, and rescue medications
used to conduct Coast Guard drug interdiction operations; and
(ii) the safety and training standards, policies, and
procedures with respect to such operations; and
(B) determine whether the Coast Guard is using the latest
equipment and technology and up-to-date training and
standards for recognizing, handling, testing, and securing
illegal drugs, fentanyl and other synthetic opioids, and
precursor chemicals during such operations.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Commandant shall submit to the
appropriate committees of Congress a report on the results of
the review conducted under paragraph (1).
(3) 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.
(b) Requirement.--If, as a result of the review required by
subsection (a), the Commandant determines that the Coast
Guard is not using the latest equipment and technology and
up-to-date training and standards for recognizing, handling,
testing, and securing illegal drugs, fentanyl and other
synthetic opioids, and precursor chemicals during drug
interdiction operations, the Commandant shall ensure that the
Coast Guard acquires and uses such equipment and technology,
carries out such training, and implements such standards.
(c) Testing for Fentanyl.--The Commandant shall ensure that
Coast Guard drug interdiction operations include the testing
of substances encountered during such operations for
fentanyl, as appropriate.
SEC. 5297. PUBLIC AVAILABILITY OF INFORMATION ON MONTHLY
MIGRANT INTERDICTIONS.
Not later than the 15th day of each month, the Commandant
shall make available to the public on an internet website of
the Coast Guard the number of migrant interdictions carried
out by the Coast Guard during the preceding month.
TITLE LIII--ENVIRONMENT
SEC. 5301. 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. 5311. 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
[[Page S6493]]
(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 processed, transmitted, and
reported as close to the time of detection as is technically
feasible.
(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. 5312. 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 vessel traffic, including 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.
(5) An estimate of the likely impact of such activities,
including the cost of such activities, on port operations.
(g) Funding.--From funds otherwise appropriated to the
Under Secretary, $10,000,000 is authorized to carry out this
section for each of fiscal years 2023 through 2028.
(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. 5313. NEAR REAL-TIME MONITORING AND MITIGATION PROGRAM
FOR LARGE CETACEANS.
(a) Establishment.--The Under Secretary, 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 habitats described in paragraph
(2);
(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
habitats described in paragraph (2) 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
[[Page S6494]]
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) Funding.--From funds otherwise appropriated to the
Under Secretary, $5,000,000 for each of fiscal years 2023
through 2027 is authorized to support the development,
deployment, application, and ongoing maintenance of the
Program.
SEC. 5314. 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 Program 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;
[[Page S6495]]
(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.
SEC. 5315. 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) Funding.--From funds otherwise appropriated to the
Under Secretary, $1,500,000 is authorized for each of fiscal
years 2023 through 2028 to carry out this section.
Subtitle B--Oil Spills
SEC. 5321. 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. 5322. 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 of 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
[[Page S6496]]
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--
``(i) 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;
and
``(ii) may, as required to develop standards that
adequately reflect the needs and capabilities of various
locations within the Western Alaska Captain of the Port Zone,
develop subregions in which the Alaska oil spill planning
criteria referred to in clause (i)(I) may differ from such
criteria for other subregions in the Western Alaska Captain
of the Port Zone, provided that any such criteria for a
subregion is not less stringent than the criteria required
for a worst case discharge of oil, and a substantial threat
of such a discharge, within any part of the applicable
subregion.
``(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) Vessels in cook inlet.--Unless otherwise authorized
by the Secretary, a vessel may only operate in Cook Inlet,
Alaska, under a vessel response plan that meets the
requirements of the national planning criteria established
pursuant to paragraph (5).
``(J) 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, within Cook Inlet, Alaska;
``(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, and with oil spill removal organizations, Alaska
Native organizations, and environmental nongovernmental
organizations located within the State of Alaska.
(C) 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. 5323. 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. 5324. 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. 5325. 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. 5326. 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. 5327. 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--
[[Page S6497]]
``(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. 5328. 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. 5329. 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;
(D) risk assessments developed under section 70001 of title
46, United States Code, including lessons learned from
reportable marine casualties;
(E) mitigating the impact of military personnel rotations
in Coast Guard field units on knowledge and awareness of
vessel response plan requirements, including knowledge
relating to the evaluation of proposed alternatives to
national planning requirements; and
(F) evaluating the consequences of reporting inaccurate
data in vessel response plans submitted to the Commandant
pursuant to part 300 of title 40, Code of Federal
Regulations, and submitted for storage in the Marine
Information for Safety and Law Enforcement database pursuant
to section 300.300 of that title (or any successor
regulation);
(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 effects 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 section 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. 5330. 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 cleanups 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 2009 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 cleanups 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. 5331. 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
[[Page S6498]]
(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. 5341. 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,
which review shall include--
(1) identifying any such regulations or rules that may need
modification or repeal in the interest of marine safety,
security, environmental, and economic concerns, taking into
account undersea pipelines, cables, or other infrastructure;
and
(2) completing a cost-benefit analysis for any modification
or repeal identified under paragraph (1).
(b) Briefing.--Upon completion of the review under
subsection (a), 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. 5342. 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 along the
west coast of the United States.
(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
Academies of Science, Engineering, and Medicine 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 types of data needed to properly site renewable
energy sites on the West Coast with regard to assessing and
mitigating conflicts;
(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 of such
infrastructure; and
(3) review the current decision-making process for offshore
wind in covered waters and outline a comprehensive approach
to include all impacted coastal communities, particularly
Tribal governments and fisheries communities, in the
decision-making process for offshore wind in covered waters.
(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 and the Committee on Energy and Natural
Resources of the Senate and the Committee on Transportation
and Infrastructure, the Committee on Natural Resources, and
the Committee on Energy and Commerce of the House of
Representatives, including the review and outline provided
under subsection (b)(3); and
(2) make the study publicly available.
Subtitle D--Environmental Issues
SEC. 5351. MODIFICATIONS TO THE SPORT FISH RESTORATION AND
BOATING TRUST FUND ADMINISTRATION.
(a) Dingell-Johnson Sport Fish Restoration Act
Amendments.--
(1) Available amounts.--Clause (i) of section 4(b)(1)(B) of
the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c(b)(1)(B)) is amended to read as follows:
``(i) for the fiscal year that includes November 15, 2021,
the product obtained by multiplying--
``(I) $12,786,434; and
``(II) 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.--Clause (i) of section 4(a)(1)(B) of
the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669c(a)(1)(B)) is amended to read as follows:
``(i) for the fiscal year that includes November 15, 2021,
the product obtained by multiplying--
``(I) $12,786,434; and
``(II) 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. 5352. 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, 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), shall 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 the 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 that need to be addressed
in order to implement the plan, and to provide 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 Coast Guard-related information relating to the
[[Page S6499]]
fishing industry, including safety information, inspection
and enforcement requirements, hazards, training, regulations
(including proposed regulations), Rescue 21 system outages
and similar outages, and any information regarding fishing-
related activities under the jurisdiction of the Coast Guard.
(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. 5353. 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. 5354. 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.
SEC. 5355. ACTIONS BY NATIONAL MARINE FISHERIES SERVICE TO
INCREASE ENERGY PRODUCTION.
(a) In General.--The National Marine Fisheries Service
shall, immediately upon the enactment of this Act, take
action to address the outstanding backlog of letters of
authorization for the Gulf of Mexico.
(b) Sense of Congress.--It is the sense of Congress that
the National Marine Fisheries Service should--
(1) take immediate action to issue a rule that allows the
Service to approve outstanding and future applications for
letters of authorization consistent with the Service's
permitting activities; and
(2) on or after the effective date of the rule, prioritize
the consideration of applications in a manner that is
consistent with applicable Federal law.
Subtitle E--Illegal Fishing and Forced Labor Prevention
SEC. 5361. 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. 5362. 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. 5363. 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. 5364. 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 covered by the Seafood
Import Monitoring Program 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
[[Page S6500]]
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 of
2000 (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. 5365. 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 5361 of the Coast Guard Authorization Act
of 2022) or forced labor (as defined in section 5361 of the
Coast Guard Authorization Act of 2022), which shall not
include an authorization for such agencies to release data to
the public unless such release is related to enforcement.''.
SEC. 5366. 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 and the Committee on
Finance of the Senate and the Committee on Natural Resources
and the Committee on Financial Services 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. 5367. 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. 5370. 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--
``(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. 5371. 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 to which legally obligated 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 5361 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 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.''.
SEC. 5372. 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--
[[Page S6501]]
``(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 consultation 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; and
``(3) 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''; and
(2) 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. 5373. 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 coastal and marine resource related
international 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. 5374. 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
5361 of the Coast Guard Authorization Act of 2022) and human
trafficking (as defined in section 5361 of the Coast Guard
Authorization Act of 2022) and refer this information to
appropriate authorities; and''.
SEC. 5375. 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.
SEC. 5376. USE OF DEVICES BROADCASTING ON AIS FOR PURPOSES OF
MARKING FISHING GEAR.
The Secretary of the department in which the Coast Guard is
operating shall, within the Eleventh Coast Guard District.
Thirteenth Coast Guard District, Fourteenth Coast Guard
District, and Seventeenth Coast Guard District, suspend
enforcement of individuals using automatic identification
systems devices to mark fishing equipment during the period
beginning on the date of enactment of this Act and ending on
the earlier of--
(1) the date that is 2 years after such date of enactment;
and
(2) the date the Federal Communications Commission
promulgates a final rule to authorize a device used to mark
fishing equipment to operate in radio frequencies assigned
for Automatic Identification System stations.
TITLE LIV--SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A--Support for Coast Guard Members and Families
SEC. 5401. 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 adding 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, members of the Coast
Guard with dependents who are participating in the child care
subsidy program, 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) Authorization.--There are authorized to be
appropriated such sums as necessary to carry out this
section.
``(d) Direct Payment.--
``(1) In general.--In carrying out a child care subsidy
program under subsection (a),
[[Page S6502]]
subject to paragraph (3), the Commandant shall provide
financial assistance under the program to an eligible member
or individual the Commandant considers appropriate by direct
payment to such eligible member or individual through monthly
pay, direct deposit, or other direct form of payment.
``(2) Policy.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall establish a
policy to provide direct payment as described in paragraph
(1).
``(3) Eligible provider funding continuation.--With the
approval of an eligible member or an individual the
Commandant considers appropriate, which shall include the
written consent of such member or individual, the Commandant
may continue to provide financial assistance under the child
care subsidy program directly to an eligible provider on
behalf of such member or individual.
``(4) Rule of construction.--Nothing in this subsection may
be construed to affect any preexisting reimbursement
arrangement between the Coast Guard and a qualified
provider.''.
(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 or
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 eligible members and
individuals the Commandant considers appropriate, including
such members and individuals with nonstandard work hours; and
(iii) ensure a safe environment for dependents of such
members and individuals.
(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. 5402. 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. 5403. 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. 5404. 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 specialized 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. 5405. 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 the local or regional cost of food.
(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
[[Page S6503]]
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 the calculations
referred to in subparagraph (D).
(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, even with a vehicle or an otherwise-
available mode of transportation, 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. 5421. 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;
(3) review and update the standards not less frequently
than every 4 years.
SEC. 5422. 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 Coast
Guard medical personnel.
(c) Review Committee.--
(1) Establishment.--The Commandant shall establish a review
committee to conduct a comprehensive analysis of the Coast
Guard healthcare system (referred to in this section as the
``Review Committee'').
(2) Membership.--
(A) Composition.--The Review 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, or behavioral 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 Review Committee
shall be the Director of the Health, Safety, and Work Life
Directorate of the Coast Guard.
(4) Staff.--The Review Committee shall be staffed by
employees of the Coast Guard.
(5) Report to commandant.--Not later than 1 year after the
Review Committee is established, the Review Committee shall
submit to the Commandant a report that--
(A) takes into consideration the medical staffing standards
developed under section 5421, 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 Military Health System resources for
members of the Coast Guard, their dependents, and applicable
Coast Guard 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 Review Committee
considers appropriate.
(6) Termination.--The Review Committee shall terminate on
the date that is 30 days after the date on which the Review
Committee submits the report required by paragraph (5).
(7) Inapplicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Review Committee.
(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 Review Committee submitted to the
Commandant under subsection (c)(5); and
(3) a description of the manner in which the Commandant
plans to implement the recommendations of the Review
Committee.
SEC. 5423. 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 health care 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:
[[Page S6504]]
(1) Methods to collect data on access to care for--
(A) routine annual physical health assessments;
(B) flight physicals for aviators and 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. 5424. 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. 5425. 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. 5426. 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
[[Page S6505]]
(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 the 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 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, 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. 5427. 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 needs
for perinatal mental health care and counseling services for
miscarriage, child loss, and postpartum depression.
(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 5101 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. 5428. 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. 5429. 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. 5430. 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. 5441. 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; and
(B) behavioral health care that is covered under the
TRICARE program (as defined in section 1072 of title 10,
United States Code).
(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
[[Page S6506]]
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. 5442. 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.
SEC. 5443. AUDIT OF CERTAIN MILITARY HOUSING CONDITIONS OF
ENLISTED MEMBERS OF THE COAST GUARD IN KEY
WEST, FLORIDA.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Commandant, in coordination
with the Secretary of the Navy, shall commence the conduct of
an audit to assess--
(1) the conditions of housing units of enlisted members of
the Coast Guard located at Naval Air Station Key West Sigsbee
Park Annex;
(2) the percentage of those units that are considered
unsafe or unhealthy housing units for enlisted members of the
Coast Guard and their families;
(3) the process used by enlisted members of the Coast Guard
and their families to report housing concerns;
(4) the extent to which enlisted members of the Coast Guard
and their families who experience unsafe or unhealthy housing
units incur relocation, per diem, or similar expenses as a
direct result of displacement that are not covered by a
landlord, insurance, or claims process and the feasibility of
providing reimbursement for uncovered expenses; and
(5) what is needed to provide appropriate and safe living
quarters for enlisted members of the Coast Guard and their
families in Key West, Florida.
(b) Report.--Not later than 90 days after the commencement
of the audit under subsection (a), the Commandant shall
submit to the appropriate committees of Congress a report on
the results of the audit.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Transportation and Infrastructure and
the Committee on Homeland Security of the House of
Representatives.
(2) Privatized military housing.--The term ``privatized
military housing'' means military housing provided under
subchapter IV of chapter 169 of title 10, United States Code.
(3) Unsafe or unhealthy housing unit.--The term ``unsafe or
unhealthy housing unit'' means a unit of privatized military
housing in which is present, at levels exceeding national
standards or guidelines, at least one of the following
hazards:
(A) Physiological hazards, including the following:
(i) Dampness or microbial growth.
(ii) Lead-based paint.
(iii) Asbestos or manmade fibers.
(iv) Ionizing radiation.
(v) Biocides.
(vi) Carbon monoxide.
(vii) Volatile organic compounds.
(viii) Infectious agents.
(ix) Fine particulate matter.
(B) Psychological hazards, including the following:
(i) Ease of access by unlawful intruders.
(ii) Lighting issues.
(iii) Poor ventilation.
(iv) Safety hazards.
(v) Other hazards similar to the hazards specified in
clauses (i) through (iv).
SEC. 5444. STUDY ON COAST GUARD HOUSING AUTHORITIES AND
PRIVATIZED HOUSING.
(a) Study.--
(1) 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--
(A) to evaluate the authorities of the Coast Guard relating
to construction, operation, and maintenance of housing
provided to members of the Coast Guard and their dependents;
and
(B) to assess other options to meet Coast Guard housing
needs in rural and urban housing markets, including public-
private partnerships, long-term lease agreements, privately
owned housing, and any other housing option the Comptroller
General identifies.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) A review of authorities, regulations, and policies
available to the Secretary of the department in which the
Coast Guard is operating (referred to in this section as the
``Secretary'') with respect to construction, maintenance, and
operation of housing for members of the Coast Guard and their
dependents, including unaccompanied member housing, that
considers--
(i) housing that is owned and operated by the Coast Guard;
(ii) long-term leasing or extended-rental housing;
(iii) public-private partnerships or other privatized
housing options for which the Secretary may enter into 1 or
more contracts with a private entity to build, maintain, and
operate privatized housing for members of the Coast Guard and
their dependents;
(iv) on-installation and off-installation housing options,
and the availability of, and authorities relating to, such
options; and
(v) housing availability near Coast Guard units, readiness
needs, and safety.
(B) A review of the housing-related authorities,
regulations, and policies available to the Secretary of
Defense, and an identification of the differences between
such authorities afforded to the Secretary of Defense and the
housing-related authorities, regulations, and policies
afforded to the Secretary.
(C) A description of lessons learned or recommendations for
the Coast Guard based on the use by the Department of Defense
of privatized housing, including the recommendations set
forth in the report of the Government Accountability Office
entitled ``Privatized Military Housing: Update on DOD's
Efforts to Address Oversight Challenges'' (GAO-22-105866),
issued in March 2022.
(D) An assessment of the extent to which the Secretary has
used the authorities provided in subchapter IV of chapter 169
of title 10, United States Code.
(E) An analysis of immediate and long-term costs associated
with housing owned and operated by the Coast Guard, as
compared to opportunities for long-term leases, private
housing, and other public-private partnerships in urban and
remote locations.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit
to the appropriate committees of Congress a report on the
results of the study conducted under subsection (a).
(c) Briefing.--Not later than 180 days after the date on
which the report required by subsection (b) is submitted, the
Commandant or the Secretary shall provide a briefing to the
appropriate committees of Congress on--
(1) the actions the Commandant has, or has not, taken with
respect to the results of the study;
(2) a plan for addressing areas identified in the report
that present opportunities for improving the housing options
available to members of the Coast Guard and their dependents;
and
(3) the need for, or potential manner of use of, any
authorities the Coast Guard does not have with respect to
housing, as compared to the Department of Defense.
(d) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives.
[[Page S6507]]
Subtitle D--Other Matters
SEC. 5451. 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 LV--MARITIME
Subtitle A--Vessel Safety
SEC. 5501. ABANDONED SEAFARERS FUND AMENDMENTS.
Section 11113(c) of title 46, United States Code, is
amended--
(1) in the matter preceding subparagraph (A) of paragraph
(1), by inserting ``plus a surcharge of 25 percent of such
total amount'' after ``seafarer''; and
(2) by striking paragraph (4).
SEC. 5502. 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. 5503. 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. 5504. 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 monitoring 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.
[[Page S6508]]
(2) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
SEC. 5505. 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. 5506. 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. 5507. 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)(A)(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)(A)(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)(A)(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)(A)(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)(A)(v).
(F) Any other recommendations as the Comptroller General
determines are appropriate with respect to the applicability
of such section 3306(n)(3)(A)(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)(A)(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)(A)(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)(A)(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)(A)(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. 5508. 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. 5509. 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
[[Page S6509]]
``(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. 5510. 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.
SEC. 5511. ARTICULATED TUG-BARGE MANNING.
(a) In General.--Notwithstanding the watch setting
requirements set forth in section 8104 of title 46, United
States Code, the Secretary of the department in which the
Coast Guard is operating shall authorize an Officer in
Charge, Marine Inspection to issue an amended certificate of
inspection that does not require engine room watch setting to
inspected towing vessels certificated prior to July 19, 2022,
forming part of an articulated tug-barge unit, provided that
such vessels are equipped with engineering control and
monitoring systems of a type accepted for no engine room
watch setting under a previously approved Minimum Safe
Manning Document or certificate of inspection for articulated
tug-barge units.
(b) Definitions.--In this section:
(1) Certificate of inspection.--The term ``certificate of
inspection'' means a certificate of inspection under
subchapter M of chapter I of title 46, Code of Federal
Regulations.
(2) Inspected towing vessel.--The term ``inspected towing
vessel'' means a vessel issued a Certificate of Inspection.
SEC. 5512. ALTERNATE SAFETY COMPLIANCE PROGRAM EXCEPTION FOR
CERTAIN VESSELS.
Section 4503a of title 46, United States Code, is amended--
(1) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Subsection (a) shall not apply to a vessel that--
``(1) is 79 feet or less in length as listed on the
vessel's certificate of documentation or certificate of
number; and
``(2)(A) successfully completes a dockside examination by
the Secretary every 2 years in accordance with section
4502(f)(2) of this title; and
``(B) visibly displays a current decal demonstrating
examination compliance in the pilothouse or equivalent
space.''.
Subtitle B--Other Matters
SEC. 5521. 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. 5522. REPORT ON ENFORCEMENT OF COASTWISE LAWS.
Not later than 1 year after 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. 5523. 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.
(4) The effectiveness of the maritime security strategy of
the Department of Homeland Security.
(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 and the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Transportation and
Infrastructure and the Committee on Homeland Security of the
House of Representatives.
SEC. 5524. 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 subsection (a) 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.
(c) GAO Report.--
(1) In general.--By not later than 180 days after the date
of enactment of this Act, the Comptroller General of the
United States, in consultation with the Commandant, shall
prepare and submit a report to Congress that evaluates the
current processes, as of the date of enactment of this Act,
of the National Maritime Center for processing and approving
merchant mariner credentials.
(2) Contents of evaluation.--The evaluation conducted under
paragraph (1) shall include--
(A) an analysis of the effectiveness of the current
merchant mariner credentialing process, as of the date of
enactment of this Act;
(B) an analysis of the backlogs relating to the merchant
mariner credentialing process and the reasons for such
backlogs; and
(C) recommendations for improving and expediting the
merchant mariner credentialing process.
(3) Definition of merchant mariner credential.--In this
subsection, the term ``merchant mariner credential'' means a
merchant mariner license, certificate, or document that the
Secretary of the department in which the Coast Guard is
operating is authorized to issue pursuant to title 46, United
States Code.
SEC. 5525. 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
[[Page S6510]]
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.
SEC. 5526. ASSESSMENT REGARDING APPLICATION PROCESS FOR
MERCHANT MARINER CREDENTIALS.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall conduct an assessment to
determine the resources, including personnel and computing
resources, required to--
(1) reduce the amount of time necessary to process merchant
mariner credentialing applications to not more than 2 weeks
after the date of receipt; and
(2) develop and maintain an electronic merchant mariner
credentialing application.
(b) Briefing Required.--Not later than 180 days after the
date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating 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 with the results of the assessment required
under subsection (a).
(c) Definition.--In this section, the term ``merchant
mariner credentialing application'' means a credentialing
application for a merchant mariner license, certificate, or
document that the Secretary is authorized to issue pursuant
to title 46, United States Code.
SEC. 5527. MILITARY TO MARINERS ACT OF 2022.
(a) Short Title.--This section may be cited as the
``Military to Mariners Act of 2022''.
(b) Findings; Sense of Congress.--
(1) Findings.--Congress makes the following findings:
(A) The United States Uniformed Services are composed of
the world's most highly trained and professional
servicemembers.
(B) A robust Merchant Marine and ensuring United States
mariners can compete in the global workforce are vital to
economic and national security.
(C) Attracting additional trained and credentialed
mariners, particularly from active duty servicemembers and
military veterans, will support United States national
security requirements and provide meaningful, well-paying
jobs to United States veterans.
(D) There is a need to ensure that the Federal Government
has a robust, state of the art, and efficient merchant
mariner credentialing system to support economic and national
security.
(2) Sense of congress.--It is the sense of Congress that--
(A) veterans and members of the Uniformed Services who
pursue credentialing to join the United States Merchant
Marine should receive vigorous support; and
(B) it is incumbent upon the regulatory bodies of the
United States to streamline regulations to facilitate
transition of veterans and members of the Uniformed Services
into the United States Merchant Marine to maintain a strong
maritime presence in the United States and worldwide.
(c) Modification of Sea Service Requirements for Merchant
Mariner Credentials for Veterans and Members of the Uniformed
Services.--
(1) Definitions.--In this subsection:
(A) Merchant mariner credential.--The term ``merchant
mariner credential'' has the meaning given the term in
section 7510 of title 46, United States Code.
(B) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
(C) Uniformed services.--The term ``Uniformed Services''
has the meaning given the term ``uniformed services'' in
section 2101 of title 5, United States Code.
(2) Review and regulations.--Notwithstanding any other
provision of law, not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) review and examine--
(i) the requirements and procedures for veterans and
members of the Uniformed Services to receive a merchant
mariner credential;
(ii) the classifications of sea service acquired through
training and service as a member of the Uniformed Services
and level of equivalence to sea service on merchant vessels;
(iii) the amount of sea service, including percent of the
total time onboard for purposes of equivalent underway
service, that will be accepted as required experience for all
endorsements for applicants for a merchant mariner credential
who are veterans or members of the Uniformed Services;
(B) provide the availability for a fully internet-based
application process for a merchant mariner credential, to the
maximum extent practicable; and
(C) issue new regulations to--
(i) reduce paperwork, delay, and other burdens for
applicants for a merchant mariner credential who are veterans
and members of the Uniformed Services, and, if determined to
be appropriate, increase the acceptable percentages of time
equivalent to sea service for such applicants; and
(ii) reduce burdens and create a means of alternative
compliance to demonstrate instructor competency for Standards
of Training, Certification and Watchkeeping for Seafarers
courses.
(3) Consultation.--In carrying out paragraph (2), the
Secretary shall consult with the National Merchant Marine
Personnel Advisory Committee taking into account the present
and future needs of the United States Merchant Marine labor
workforce.
(4) Report.--Not later than 180 days after the date of
enactment of this Act, the Committee on the Marine
Transportation System shall submit to the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Armed Services of the Senate, the Committee on
Energy and Commerce of the House of Representatives, and the
Committee on Armed Services of the House of Representatives,
a report that contains an update on the activities carried
out to implement--
(A) the July 2020 report by the Committee on the Marine
Transportation System to the White House Office of Trade and
Manufacturing Policy on the implementation of Executive Order
13860 (84 Fed. Reg. 8407; relating to supporting the
transition of active duty servicemembers and military
veterans into the Merchant Marine); and
(B) section 3511 of the National Defense Authorization Act
of 2020 (Public Law 116-92; 133 Stat. 1978).
(d) Assessment of Skillbridge for Employment as a Merchant
Mariner.--The Secretary of the department in which the Coast
Guard is operating, in collaboration with the Secretary of
Defense, shall assess the use of the SkillBridge program of
the Department of Defense as a means for transitioning active
duty sea service personnel toward employment as a merchant
mariner.
SEC. 5528. FLOATING DRY DOCKS.
Section 55122(a) of title 46, United States Code, is
amended--
(1) in paragraph (1)(C)--
(A) by striking ``(C)'' and inserting ``(C)(i)'';
(B) by striking ``2015; and'' and inserting ``2015; or'';
and
(C) by adding at the end the following:
``(ii) had a letter of intent for purchase by such shipyard
or affiliate signed prior to such date of enactment; and'';
and
(2) in paragraph (2), by inserting ``or occurs between
Honolulu, Hawaii, and Pearl Harbor, Hawaii'' before the
period at the end.
TITLE LVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
SEC. 5601. 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.
[[Page S6511]]
``(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. 5602. 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--
``(1) chapter 109A of title 18, except for subsection (b)
of section 2244 of title 18; or
``(2) 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. 5603. 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. 5604. 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. 5605. 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.--The Commandant--
(1) 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
(2) 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. 5606. 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) 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. 5607. 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
[[Page S6512]]
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) Limited Access to Video and Audio Records.--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.
``(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. 5608. 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. 5609. 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. 5610. 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 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 (b) any complaint or incident of sexual
harassment or sexual assault involving a crew member in
violation
[[Page S6513]]
of employer policy or law of which such vessel owner, master,
managing operator, or employer of the seafarer is made aware.
Such reporting shall include results of any investigation
into the incident, if applicable, and any action taken
against the offending 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.
``(b) Reporting Procedures.--
``(1) Timing of reports by vessel owners, masters, managing
operators, or employers.--A report required under subsection
(a) 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)
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.
``(c) 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.
``(d) Company After-action Summary.--A vessel owner,
master, managing operator, or employer of a seafarer that
makes a report under subsection (a) 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 (a).
``(e) 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.
``(f) Civil Penalty.--A vessel owner, master, managing
operator, or employer of a seafarer that fails to comply with
subsection (e) is liable to the United States Government for
a civil penalty of $50,000 for each day a failure continues.
``(g) 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. 5611. ACCESS TO CARE AND SEXUAL ASSAULT FORENSIC
EXAMINATIONS.
(a) In General.--Subchapter IV of chapter 5 of title 14,
United States Code, as amended by section 5211, is further
amended by adding at the end the following:
``Sec. 565. Access to care and sexual assault forensic
examinations
``(a) 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--
``(1) as soon as possible after the victim requests an
examination; and
``(2) that is treated with the same level of urgency as
emergency medical care.
``(b) Requirements.--The written operating procedure
required by subsection (a), shall, at a minimum, account
for--
``(1) the health, safety, and privacy of a victim of sexual
assault;
``(2) 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);
``(3) the availability of aeromedical evacuation;
``(4) the operational capabilities of the vessel concerned;
``(5) the qualifications of medical personnel onboard;
``(6) coordination with law enforcement and the
preservation of evidence;
``(7) the means of accessing a sexual assault forensic
examination and medical care with a restricted report of
sexual assault;
``(8) the availability of nonprescription pregnancy
prophylactics; and
``(9) 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, as amended by
section 5211, is further amended by adding at the end the
following:
``565. Access to care and sexual assault forensic examinations.''.
SEC. 5612. 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 LVI 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. 5613. 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
[[Page S6514]]
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. 5614. 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. 5615. STUDY ON COAST GUARD OVERSIGHT AND INVESTIGATIONS.
(a) In General.--Not later than 2 years 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 generals 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.
(d) Other Reviews.--The study required by subsection (a)
may rely upon recently completed or ongoing reviews by the
Comptroller General or other entities, as applicable.
SEC. 5616. 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 LVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration
Commissioned Officer Corps
SEC. 5701. 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. 5702. 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. 5703. 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. 5704. 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. 5705. 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''.
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(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. 5706. 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. 5707. 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. 5708. 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. 5709. 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. 5711. 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
[[Page S6516]]
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 LVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
SEC. 5801. TECHNICAL CORRECTION.
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''.
SEC. 5802. 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. 5803. 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''.
TITLE LIX--RULE OF CONSTRUCTION
SEC. 5901. RULE OF CONSTRUCTION.
Nothing in this divisions may be construed--
(1) to satisfy any requirement for government-to-government
consultation with Tribal governments; or
(2) to affect or modify any treaty or other right of any
Tribal government.
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