[Congressional Record Volume 168, Number 55 (Tuesday, March 29, 2022)]
[House]
[Pages H3901-H3925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
Mr. DeFAZIO. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6865) to authorize appropriations for the Coast Guard, and
for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6865
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Don 2166
Coast Guard Authorization Act of 2022''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Shoreside infrastructure and facilities.
Sec. 104. Availability of amounts for acquisition of additional
cutters.
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
Sec. 201. Authorized strength.
Sec. 202. Continuation of officers with certain critical skills on
active duty.
Sec. 203. Number and distribution of officers on active duty promotion
list.
Sec. 204. Coast Guard behavioral health policy.
Sec. 205. Improving representation of women and of racial and ethnic
minorities among Coast Guard active-duty members.
Subtitle B--Operational Matters
Sec. 206. Pilot project for enhancing Coast Guard cutter readiness
through condition-based maintenance.
Sec. 207. Unmanned systems strategy.
Sec. 208. Budgeting of Coast Guard relating to certain operations.
Sec. 209. Report on San Diego maritime domain awareness.
Sec. 210. Great Lakes winter shipping.
Sec. 211. Center of expertise for Great Lakes oil spill search and
response.
Sec. 212. Study on laydown of Coast Guard cutters.
Subtitle C--Other Matters
Sec. 213. Responses of Commandant of the Coast Guard to safety
recommendations.
Sec. 214. Conveyance of Coast Guard vessels for public purposes.
Sec. 215. Acquisition life-cycle cost estimates.
[[Page H3902]]
Sec. 216. National Coast Guard Museum funding plan.
Sec. 217. Report on Coast Guard explosive ordnance disposal.
Sec. 218. Pribilof Island transition completion actions.
Sec. 219. Notification of communication outages.
TITLE III--MARITIME
Subtitle A--Shipping
Sec. 301. Nonoperating individual.
Sec. 302. Oceanographic research vessels.
Sec. 303. Atlantic Coast port access routes briefing.
Subtitle B--Vessel Safety
Sec. 304. Fishing vessel safety.
Sec. 305. Requirements for DUKW-type amphibious passenger vessels.
Sec. 306. Exoneration and limitation of liability for small passengers
vessels.
Sec. 307. Automatic identification system requirements.
Subtitle C--Shipbuilding Program
Sec. 308. Qualified vessel.
Sec. 309. Establishing a capital construction fund.
TITLE IV--FEDERAL MARITIME COMMISSION
Sec. 401. Short title.
Sec. 402. Purposes.
Sec. 403. Service contracts.
Sec. 404. Shipping exchange registry.
Sec. 405. Data collection.
Sec. 406. National shipper advisory committee.
Sec. 407. Annual report and public disclosures.
Sec. 408. General prohibitions.
Sec. 409. Prohibition on unreasonably declining cargo.
Sec. 410. Detention and demurrage.
Sec. 411. Assessment of penalties.
Sec. 412. Investigations.
Sec. 413. Injunctive relief.
Sec. 414. Technical amendments.
Sec. 415. Authorization of appropriations.
Sec. 416. NAS study on supply chain industry.
Sec. 417. Temporary emergency authority.
Sec. 418. Terms and vacancies.
TITLE V--MISCELLANEOUS
Subtitle A--Navigation
Sec. 501. Restriction on changing salvors.
Sec. 502. Providing requirements for vessels anchored in established
anchorage grounds.
Sec. 503. Aquatic Nuisance Species Task Force.
Sec. 504. Limitation on recovery for certain injuries incurred in
aquaculture activities.
Subtitle B--Other Matters
Sec. 505. Information on type approval certificates.
Sec. 506. Passenger vessel security and safety requirements.
Sec. 507. Cargo waiting time reduction.
Sec. 508. Limited indemnity provisions in standby oil spill response
contracts.
Sec. 509. Port Coordination Council for Point Spencer.
Sec. 510. Western Alaska oil spill planning criteria.
Sec. 511. Nonapplicability.
Sec. 512. Report on enforcement of coastwise laws.
Sec. 513. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 514. Center of Expertise for Marine Environmental Response.
Sec. 515. Prohibition on entry and operation.
Sec. 516. St. Lucie River railroad bridge.
Sec. 517. Assistance related to marine mammals.
Sec. 518. Manning and crewing requirements for certain vessels,
vehicles, and structures.
TITLE VI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 601. Definitions.
Sec. 602. Convicted sex offender as grounds for denial.
Sec. 603. Sexual harassment or sexual assault as grounds for suspension
or revocation.
Sec. 604. Accommodation; notices.
Sec. 605. Protection against discrimination.
Sec. 606. Alcohol prohibition.
Sec. 607. Surveillance requirements.
Sec. 608. Master key control.
Sec. 609. Safety management systems.
Sec. 610. Requirement to report sexual assault and harassment.
Sec. 611. Civil actions for personal injury or death of seamen.
Sec. 612. Administration of sexual assault forensic examination kits.
TITLE VII--TECHNICAL AND CONFORMING PROVISIONS
Sec. 701. Technical corrections.
Sec. 702. Transportation worker identification credential technical
amendments.
Sec. 703. Reinstatement.
Sec. 704. Determination of budgetary effects.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking
``years 2020 and 2021'' and inserting ``years 2022 and
2023'';
(2) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``$8,151,620,850 for fiscal year 2020'' and
inserting ``$9,282,360,000 for fiscal year 2022''; and
(ii) by striking ``$8,396,169,475 for fiscal year 2021''
and inserting ``$10,210,596,000 for fiscal year 2023'';
(B) in subparagraph (B) by striking ``$17,035,000'' and
inserting ``$17,723,520''; and
(C) in subparagraph (C) by striking ``$17,376,000'' and
inserting ``$18,077,990'';
(3) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``$2,794,745,000 for fiscal year 2020'' and
inserting ``$3,312,114,000 for fiscal year 2022''; and
(ii) by striking ``$3,312,114,000 for fiscal year 2021''
and inserting ``$3,477,600,000 for fiscal year 2023''; and
(B) in subparagraph (B)--
(i) by striking ``$10,000,000 for fiscal year 2020'' and
inserting ``$20,400,000 for fiscal year 2022''; and
(ii) by striking ``$20,000,000 for fiscal year 2021'' and
inserting ``$20,808,000 for fiscal year 2023'';
(4) in paragraph (3)--
(A) by striking ``$13,834,000 for fiscal year 2020'' and
inserting ``$14,393,220 for fiscal year 2022''; and
(B) by striking ``$14,111,000 for fiscal year 2021'' and
inserting ``$14,681,084 for fiscal year 2023''; and
(5) in paragraph (4)--
(A) by striking ``$205,107,000 for fiscal year 2020'' and
inserting ``$213,393,180 for fiscal year 2022''; and
(B) by striking ``$209,209,000 for fiscal year 2021'' and
inserting ``$217,661,044 for fiscal year 2023''.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.
Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a) by striking ``fiscal years 2020 and
2021'' and inserting ``fiscal years 2022 and 2023''; and
(2) in subsection (b) by striking ``fiscal years 2020 and
2021'' and inserting ``fiscal years 2022 and 2023''.
SEC. 103. SHORESIDE INFRASTRUCTURE AND FACILITIES.
(a) In General.--Of the amounts authorized to be
appropriated under section 4902(2)(A) of title 14, United
States Code, for each of fiscal years 2022 and 2023, up to
$585,000,000 shall be authorized for the Secretary of the
department in which the Coast Guard is operating to fund the
acquisition, construction, rebuilding, or improvement of
Coast Guard shoreside infrastructure and facilities necessary
to support Coast Guard operations and readiness.
(b) Baltimore Coast Guard Yard.--Of the amounts set aside
under subsection (a), up to $175,000,000 shall be authorized
to improve facilities at the Coast Guard Yard in Baltimore,
Maryland, including improvements to piers and wharves, dry
dock, capital equipment utilities, or dredging necessary to
facilitate access to such Yard.
(c) Training Center Cape May.--Of the amounts set aside
under subsection (a), up to $60,000,000 shall be authorized
to fund Phase I, in fiscal year 2022, and Phase II, in fiscal
year 2023, for the recapitalization of the barracks at the
United States Coast Guard Training Center Cape May in Cape
May, New Jersey.
(d) Mitigation of Hazard Risks.--In carrying out projects
with funds authorized under this section, the Coast Guard
shall mitigate, to the greatest extent practicable, natural
hazard risks identified in any Shore Infrastructure
Vulnerability Assessment for Phase I related to such
projects.
(e) Fort Wadsworth, New York.--Of the amounts set aside
under subsection (a), up to $1,200,000 shall be authorized to
fund a construction project to--
(1) complete repairs to the United States Coast Guard
Station, New York, waterfront, including repairs to the
concrete pier; and
(2) replace floating piers Alpha and Bravo, the South
Breakwater and Ice Screen, the North Breakwater and Ice
Screen, and the seawall.
SEC. 104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF
ADDITIONAL CUTTERS.
(a) In General.--Of the amounts authorized to be
appropriated under--
(1) section 4902(2)(A)(i) of title 14, United States Code,
as amended by section 101 of this title, for fiscal year
2022;
(A) $300,000,000 shall be authorized for the acquisition of
a twelfth National Security Cutter; and
(B) $210,000,000 shall be authorized for the acquisition of
3 Fast Response Cutters; and
(2) section 4902(2)(A)(ii) of title 14, United States Code,
as amended by section 101 of this title, for fiscal year
2023;
(A) $300,000,000 shall be authorized for the acquisition of
a twelfth National Security Cutter; and
(B) $210,000,000 shall be authorized for the acquisition of
3 Fast Response Cutters.
(b) Treatment of Acquired Cutter.--Any cutter acquired
using amounts authorized under subsection (a) shall be in
addition to the National Security Cutters and Fast Response
Cutters approved under the existing acquisition baseline in
the program of record for the National Security Cutter and
Fast Response Cutter.
(c) Great Lakes Icebreaker Acquisition.--Of the amounts
authorized to be appropriated under section 4902(2)(A)(ii) of
title 14, United States Code--
(1) for fiscal year 2022, $350,000,000 shall be authorized
for the acquisition of a Great
[[Page H3903]]
Lakes icebreaker at least as capable as Coast Guard Cutter
Mackinaw (WLBB-30); and
(2) for fiscal year 2023, $20,000,000 shall be authorized
for the design and selection of icebreaking cutters for
operation in the Great Lakes, the Northeastern United States,
and the Arctic, as appropriate, that are at least as capable
as the Coast Guard 140-foot icebreaking tugs.
(d) Drug and Migrant Interdiction.--Of the Fast Response
Cutters authorized for acquisition under subsection (a), at
least 1 shall be used for drug and migrant interdiction in
the Caribbean Basin (including the Gulf of Mexico).
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
SEC. 201. AUTHORIZED STRENGTH.
Section 3702 of title 14, United States Code, is amended by
adding at the end the following:
``(c) The Secretary may vary the authorized end strength of
the Coast Guard Selected Reserves for a fiscal year by a
number equal to not more than 3 percent of such end strength
upon a determination by the Secretary that varying such
authorized end strength is in the national interest.
``(d) The Commandant may increase the authorized end
strength of the Coast Guard Selected Reserves by a number
equal to not more than 2 percent of such authorized end
strength upon a determination by the Commandant that such
increase would enhance manning and readiness in essential
units or in critical specialties or ratings.''.
SEC. 202. CONTINUATION OF OFFICERS WITH CERTAIN CRITICAL
SKILLS ON ACTIVE DUTY.
(a) In General.--Chapter 21 of title 14, United States
Code, is amended by inserting after section 2165 the
following:
``Sec. 2166. Continuation on active duty; Coast Guard
officers with certain critical skills
``(a) In General.--The Commandant may authorize an officer
in a grade above grade O-2 to remain on active duty after the
date otherwise provided for the retirement of such officer in
section 2154 of this title, if the officer possesses a
critical skill, or specialty, or is in a career field
designated pursuant to subsection (b).
``(b) Critical Skills, Specialty, or Career Field.--The
Commandant shall designate any critical skill, specialty, or
career field eligible for continuation on active duty as
provided in subsection (a).
``(c) Duration of Continuation.--An officer continued on
active duty pursuant to this section shall, if not earlier
retired, be retired on the first day of the month after the
month in which the officer completes 40 years of active
service.
``(d) Policy.--The Commandant shall carry out this section
by prescribing policy which shall specify the criteria to be
used in designating any critical skill, specialty, or career
field for purposes of subsection (b).''.
(b) Clerical Amendment.--The analysis for chapter 21 of
title 14, United States Code, is amended by inserting after
the item relating to section 2165 the following:
``2166. Continuation on active duty; Coast Guard officers with certain
critical skills.''.
SEC. 203. NUMBER AND DISTRIBUTION OF OFFICERS ON ACTIVE DUTY
PROMOTION LIST.
(a) Maximum Number of Officers.--Section 2103(a) of title
14, United States Code, is amended to read as follows:
``(a) Maximum Total Number.--
``(1) In general.--The total number of Coast Guard
commissioned officers on the active duty promotion list,
excluding warrant officers, shall not exceed--
``(A) 7,100 in fiscal year 2022;
``(B) 7,200 in fiscal year 2023;
``(C) 7,300 in fiscal year 2024; and
``(D) 7,400 in fiscal year 2025 and each subsequent fiscal
year.
``(2) Temporary increase.--Notwithstanding paragraph (1),
the Commandant may temporarily increase the total number of
commissioned officers permitted under such paragraph by up to
2 percent for no more than 60 days following the date of the
commissioning of a Coast Guard Academy class.
``(3) Notification.--Not later than 30 days after exceeding
the total number of commissioned officers permitted under
paragraph (1), and each 30 days thereafter until the total
number of commissioned officers no longer exceeds the number
of such officers permitted under paragraph (1), the
Commandant shall notify the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate of the number of officers on the active duty promotion
list on the last day of the preceding 30-day period.''.
(b) Officers Not on Active Duty Promotion List.--
(1) In general.--Chapter 51 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 5113. Officers not on active duty promotion list
``Not later than 60 days after the date on which the
President submits to Congress a budget pursuant to section
1105 of title 31, the Commandant shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate the number of Coast Guard
officers serving at other Federal entities on a reimbursable
basis but not on the active duty promotion list.''.
(2) Clerical amendment.--The analysis for chapter 51 of
title 14, United States Code, is amended by adding at the end
the following:
``5113. Officers not on active duty promotion list.''.
SEC. 204. COAST GUARD BEHAVIORAL HEALTH POLICY.
(a) Interim Behavioral Health Policy.--Not later than 60
days after the date of enactment of this Act, the Commandant
of the Coast Guard shall establish an interim behavioral
health policy for members of the Coast Guard equivalent to
the policy described in section 5.28 (relating to behavioral
health) of Department of Defense Instruction 6130.03, volume
2, ``Medical Standards for Military Service: Retention''.
(b) Termination.--The interim policy established under
subsection (a) shall remain in effect until the date on which
the Commandant issues a permanent behavior health policy for
members of the Coast Guard which is, to the extent
practicable, equivalent to such section 5.28.
SEC. 205. IMPROVING REPRESENTATION OF WOMEN AND OF RACIAL AND
ETHNIC MINORITIES AMONG COAST GUARD ACTIVE-DUTY
MEMBERS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant of the Coast Guard
shall--
(1) determine which recommendations in the RAND
representation report can practicably be implemented to
promote improved representation in the Coast Guard of--
(A) women; and
(B) racial and ethnic minorities; and
(2) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the actions the Commandant has taken, or
plans to take, to implement such recommendations.
(b) Curriculum and Training.--The Commandant shall update,
to reflect actions described under subsection (a)(2), the
curriculum and training materials used at--
(1) officer accession points, including the Coast Guard
Academy and the Leadership Development Center;
(2) enlisted member accession at the United States Coast
Guard Training Center Cape May in Cape May, New Jersey; and
(3) the officer, enlisted member, and civilian leadership
courses managed by the Leadership Development Center.
(c) Definition.--In this section, the term ``RAND
representation report'' means the report titled ``Improving
the Representation of Women and Racial/Ethnic Minorities
Among U.S. Coast Guard Active-Duty Members'' issued by the
Homeland Security Operational Analysis Center of the RAND
Corporation on August 11, 2021.
Subtitle B--Operational Matters
SEC. 206. PILOT PROJECT FOR ENHANCING COAST GUARD CUTTER
READINESS THROUGH CONDITION-BASED MAINTENANCE.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Commandant of the Coast Guard
shall conduct a pilot project to enhance cutter readiness and
reduce lost patrol days through the deployment of
commercially developed condition-based program standards for
cutter maintenance, in accordance with the criteria set forth
in subsection (b).
(b) Criteria for Condition-Based Maintenance Evaluation.--
In conducting the pilot project under subsection (a), the
Commandant shall--
(1) select at least 1 legacy cutter asset and 1 class of
cutters under construction with respect to which the
application of the pilot project would enhance readiness;
(2) use commercially developed condition-based program
standards similar to those applicable to privately owned and
operated vessels or vessels owned or operated by other
Federal agencies (such as those currently operating under the
direction of Military Sealift Command);
(3) create and model a full ship digital twin for the
cutters selected under paragraph (1);
(4) install or modify instrumentation capable of producing
full hull, mechanical, and electrical data necessary to
analyze cutter operational conditions with active maintenance
alerts; and
(5) deploy artificial intelligence, prognostic-based
integrated maintenance planning modeled after standards
described in paragraph (2).
(c) Report to Congress.--The Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives--
(1) an interim report not later than 6 months after the
date of enactment of this Act on the progress in carrying out
the pilot project described in subsection (a); and
(2) a final report not later than 2 years after the date of
enactment of this Act on the results of the pilot project
described in subsection (a) that includes--
(A) options to integrate commercially developed condition-
based program standards for cutter maintenance to Coast Guard
cutters; and
(B) plans to deploy commercially developed condition-based
program standards for cutter maintenance to Coast Guard
cutters.
SEC. 207. UNMANNED SYSTEMS STRATEGY.
(a) Submission to Congress.--Not later than 180 days after
the date of enactment of
[[Page H3904]]
this Act, the Commandant of the Coast Guard shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a detailed
description of the strategy of the Coast Guard to implement
unmanned systems across mission areas, including--
(1) the steps taken to implement actions recommended in the
consensus study report of the National Academies of Sciences,
Engineering, and Medicine published on November 12, 2020,
titled ``Leveraging Unmanned Systems for Coast Guard
Missions: A Strategic Imperative'';
(2) the strategic goals and acquisition strategies for
proposed uses and procurements of unmanned systems;
(3) a strategy to sustain competition and innovation for
procurement of unmanned systems and services for the Coast
Guard, including defining opportunities for new and existing
technologies; and
(4) an estimate of the timeline, costs, staff resources,
technology, or other resources necessary to accomplish the
strategy.
(b) Pilot Project.--
(1) Autonomous control and computer vision technology.--The
Commandant of the Coast Guard, acting through the Blue
Technology Center of Expertise, shall conduct a pilot project
to retrofit an existing Coast Guard small boat with--
(A) commercially available autonomous control and computer
vision technology; and
(B) such sensors and methods of communication as are
necessary to demonstrate the ability of such control and
technology to assist in conducting search and rescue,
surveillance, and interdiction missions.
(2) Collection of data.--The pilot project under paragraph
(1) shall evaluate commercially available products in the
field and collect operational data to inform future
requirements.
(3) Briefing.--Not later than 6 months after completing the
pilot project required under paragraph (1), the Commandant
shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on commerce, Science, and Transportation of the
Senate on the evaluation of the data derived from the
project.
SEC. 208. BUDGETING OF COAST GUARD RELATING TO CERTAIN
OPERATIONS.
(a) In General.--Chapter 51 of title 14, United States
Code, is further amended by adding at the end the following:
``Sec. 5114. Expenses of performing and executing defense
readiness mission activities
``The Commandant of the Coast Guard shall include in the
annual budget submission of the President under section
1105(a) of title 31, a dedicated budget line item that
adequately represents a calculation of the annual costs and
expenditures of performing and executing all defense
readiness mission activities, including--
``(1) all expenses related to the Coast Guard's
coordination, training, and execution of defense readiness
mission activities in the Coast Guard's capacity as an Armed
Force (as such term is defined in section 101 of title 10) in
support of Department of Defense national security operations
and activities or for any other military department or
defense agency (as such terms are defined in such section);
``(2) costs associated with Coast Guard detachments
assigned in support of the Coast Guard's defense readiness
mission; and
``(3) any other expenses, costs, or matters the Commandant
determines appropriate or otherwise of interest to
Congress.''.
(b) Clerical Amendment.--The analysis for chapter 51 of
title 14, United States Code, is further amended by adding at
the end the following:
``5114. Expenses of performing and executing defense readiness mission
activities.''.
SEC. 209. REPORT ON SAN DIEGO MARITIME DOMAIN AWARENESS.
Not later than 180 days after the date of enactment of this
Act, the Commandant of the Coast Guard shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report containing--
(1) an overview of the maritime domain awareness in the
area of responsibility of the Coast Guard sector responsible
for San Diego, California, including--
(A) the average volume of known maritime traffic that
transited the area during fiscal years 2020 through 2022;
(B) current sensor platforms deployed by such sector to
monitor illicit activity occurring at sea in such area;
(C) the number of illicit activity incidents at sea in such
area that the sector responded to during fiscal years 2020
through 2022;
(D) an estimate of the volume of traffic engaged in illicit
activity at sea in such area and the type and description of
any vessels used to carry out illicit activities that such
sector responded to during fiscal years 2020 through 2022;
and
(E) the maritime domain awareness requirements to
effectively meet the mission of such sector;
(2) a description of current actions taken by the Coast
Guard to partner with Federal, regional, State, and local
entities to meet the maritime domain awareness needs of such
area;
(3) a description of any gaps in maritime domain awareness
within the area of responsibility of such sector resulting
from an inability to meet the enduring maritime domain
awareness requirements of the sector or adequately respond to
maritime disorder;
(4) an identification of current technology and assets the
Coast Guard has to mitigate the gaps identified in paragraph
(3);
(5) an identification of capabilities needed to mitigate
such gaps, including any capabilities the Coast Guard
currently possesses that can be deployed to the sector;
(6) an identification of technology and assets the Coast
Guard does not currently possess and are needed to acquire in
order to address such gaps; and
(7) an identification of any financial obstacles that
prevent the Coast Guard from deploying existing commercially
available sensor technology to address such gaps.
SEC. 210. GREAT LAKES WINTER SHIPPING.
(a) Great Lakes Icebreaking Operations.--
(1) Government accountability office report.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on Coast Guard icebreaking in the
Great Lakes.
(B) Elements.--The report required under subparagraph (A)
shall--
(i) evaluate--
(I) the economic impact related to vessel delays or
cancellations associated with ice coverage on the Great
Lakes;
(II) the impact the standards proposed in paragraph (2)
would have on Coast Guard operations in the Great Lakes if
such standards were adopted;
(III) the fleet mix of medium icebreakers and icebreaking
tugs necessary to meet the standards proposed in paragraph
(2); and
(IV) the resources necessary to support the fleet described
in subclause (III), including billets for crew and operating
costs; and
(ii) make recommendations to the Commandant for
improvements to the Great Lakes icebreaking program,
including with respect to facilitating shipping and meeting
all Coast Guard mission needs.
(2) Proposed standards for icebreaking operations.--The
proposed standards, the impact of the adoption of which is
evaluated in subclauses (II) and (III) of paragraph
(1)(B)(i), are the following:
(A) Except as provided in subparagraph (B), the ice-covered
waterways in the Great Lakes shall be open to navigation not
less than 90 percent of the hours that vessels engaged in
commercial service and ferries attempt to transit such ice-
covered waterways.
(B) In a year in which the Great Lakes are not open to
navigation, as described in subparagraph (A), because of ice
of a thickness that occurs on average only once every 10
years, ice-covered waterways in the Great Lakes shall be open
to navigation at least 70 percent of the hours that vessels
engaged in commercial service and ferries attempt to transit
such ice-covered waterways.
(3) Report by commandant.--Not later than 90 days after the
date on which the Comptroller General submits the report
under paragraph (1), the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that includes the
following:
(A) A plan for Coast Guard implementation of any
recommendation made by the Comptroller General under
paragraph (1)(B)(ii) with which the Commandant concurs.
(B) With respect to any recommendation made under paragraph
(1)(B)(ii) with which the Commandant does not concur, an
explanation of the reasons why the Commandant does not
concur.
(C) A review of, and a proposed implementation plan for,
the results of the fleet mix analysis under paragraph
(1)(B)(i)(III).
(D) Any proposed modifications to current Coast Guard
standards for icebreaking operations in the Great Lakes.
(4) Pilot program.--During the 5 ice seasons following the
date of enactment of this Act, the Coast Guard shall conduct
a pilot program to determine the extent to which the current
Coast Guard Great Lakes icebreaking cutter fleet can meet the
proposed standards described in paragraph (2).
(b) Data on Icebreaking Operations in the Great Lakes.--
(1) In general.--The Commandant shall collect, during ice
season, archive, and disseminate data on icebreaking
operations and transits on ice-covered waterways in the Great
Lakes of vessels engaged in commercial service and ferries.
(2) Elements.--Data collected, archived, and disseminated
under paragraph (1) shall include the following:
(A) Voyages by vessels engaged in commercial service and
ferries to transit ice-covered waterways in the Great Lakes
that are delayed or canceled because of the nonavailability
of a suitable icebreaking vessel.
(B) Voyages attempted by vessels engaged in commercial
service and ferries to transit ice-covered waterways in the
Great Lakes that do not reach their intended destination
because of the nonavailability of a suitable icebreaking
vessel.
(C) The period of time that each vessel engaged in
commercial service or ferry was delayed in getting underway
or during a transit of ice-covered waterways in the Great
[[Page H3905]]
Lakes due to the nonavailability of a suitable icebreaking
vessel.
(D) The period of time elapsed between each request for
icebreaking assistance by a vessel engaged in commercial
service or ferry and the arrival of a suitable icebreaking
vessel and whether such icebreaking vessel was a Coast Guard
or commercial asset.
(E) The percentage of hours that Great Lakes ice-covered
waterways were open to navigation while vessels engaged in
commercial service and ferries attempted to transit such
waterways for each ice season after the date of enactment of
this Act.
(F) Relevant communications of each vessel engaged in
commercial service or ferry with the Coast Guard or
commercial icebreaking service providers with respect to
subparagraphs (A) through (D).
(G) A description of any mitigating circumstance, such as
Coast Guard Great Lakes icebreaker diversions to higher
priority missions, that may have contributed to the amount of
time described in subparagraphs (C) and (D) or the percentage
of time described in subparagraph (E).
(3) Voluntary reporting.--Any reporting by operators of
commercial vessels engaged in commercial service or ferries
under this section shall be voluntary.
(4) Public availability.--The Commandant shall make the
data collected, archived, and disseminated under this
subsection available to the public on a publicly accessible
internet website of the Coast Guard.
(5) Consultation with industry.--With respect to the Great
Lakes icebreaking operations of the Coast Guard and the
development of the data collected, archived, and disseminated
under this subsection, the Commandant shall consult operators
of--
(A) vessels engaged in commercial service; and
(B) ferries.
(c) Report on Common Hull Design.--Section 8105 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283) is amended by
striking subsection (b) and inserting the following:
``(b) Report.--Not later than 90 days after the date of
enactment of this subsection, the Commandant shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the operational
benefits and limitations of a common hull design for
icebreaking cutters for operation in the Great Lakes, the
Northeastern United States, and the Arctic, as appropriate,
that are at least as capable as the Coast Guard 140-foot
icebreaking tugs.''.
(d) Definitions.--In this section:
(1) Commercial service.--The term ``commercial service''
has the meaning given such term in section 2101 of title 46,
United States Code.
(2) Great lakes.--The term ``Great Lakes''--
(A) has the meaning given such term in section 118 of the
Federal Water Pollution Control Act (33 U.S.C. 1268); and
(B) includes harbors adjacent to such waters.
(3) Ice-covered waterway.--The term ``ice-covered
waterway'' means any portion of the Great Lakes in which
vessels engaged in commercial service or ferries operate that
is 70 percent or greater covered by ice, but does not include
any waters adjacent to piers or docks for which commercial
icebreaking services are available and adequate for the ice
conditions.
(4) Open to navigation.--The term ``open to navigation''
means navigable to the extent necessary to--
(A) meet the reasonable demands of shipping;
(B) minimize delays to passenger ferries;
(C) extricate vessels and persons from danger;
(D) prevent damage due to flooding; and
(E) conduct other Coast Guard missions, as required.
(5) Reasonable demands of shipping.--The term ``reasonable
demands of shipping'' means the safe movement of vessels
engaged in commercial service and ferries transiting ice-
covered waterways in the Great Lakes to their intended
destination, regardless of type of cargo.
SEC. 211. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL
SEARCH AND RESPONSE.
Section 807(d) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (14 U.S.C. 313 note) is amended to
read as follows:
``(d) Definition.--In this section, the term `Great Lakes'
means--
``(1) Lake Ontario;
``(2) Lake Erie;
``(3) Lake Huron (including Lake St. Clair);
``(4) Lake Michigan;
``(5) Lake Superior; and
``(6) the connecting channels (including the following
rivers and tributaries of such rivers: Saint Mary's River,
Saint Clair River, Detroit River, Niagara River, Illinois
River, Chicago River, Fox River, Grand River, St. Joseph
River, St. Louis River, Menominee River, Muskegon River,
Kalamazoo River, and Saint Lawrence River to the Canadian
border).''.
SEC. 212. STUDY ON LAYDOWN OF COAST GUARD CUTTERS.
Not later than 120 days after the date of enactment of this
Act, the Secretary of Homeland Security, in consultation with
the Secretary of Transportation, shall conduct a study on the
laydown of Coast Guard Fast Response Cutters to assess Coast
Guard mission readiness and to identify areas of need for
asset coverage.
Subtitle C--Other Matters
SEC. 213. RESPONSES OF COMMANDANT OF THE COAST GUARD TO
SAFETY RECOMMENDATIONS.
(a) In General.--Chapter 7 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 721. Responses to safety recommendations
``(a) In General.--Not later than 90 days after the
submission to the Commandant of the Coast Guard of a
recommendation by the National Transportation Safety Board
relating to transportation safety, the Commandant shall
submit to the Board a written response to each
recommendation, which shall include whether the Commandant--
``(1) concurs with the recommendation;
``(2) partially concurs with the recommendation; or
``(3) does not concur with the recommendation.
``(b) Explanation of Concurrence.--A response under
subsection (a) shall include--
``(1) with respect to a recommendation to which the
Commandant concurs, an explanation of the actions the
Commandant intends to take to implement such recommendation;
``(2) with respect to a recommendation to which the
Commandant partially concurs, an explanation of the actions
the Commandant intends to take to implement the portion of
such recommendation with which the Commandant partially
concurs; and
``(3) with respect to a recommendation to which the
Commandant does not concur, the reasons why the Commandant
does not concur with such recommendation.
``(c) Failure To Respond.--If the Board has not received
the written response required under subsection (a) by the end
of the time period described in such subsection, the Board
shall notify the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate that such response has not been received.''.
(b) Clerical Amendment.--The analysis for chapter 7 of
title 14, United States Code, is amended by inserting after
the item relating to section 720 the following:
``721. Responses to safety recommendations.''.
SEC. 214. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC
PURPOSES.
(a) Redesignation and Transfer.--
(1) In general.--Section 914 of the Coast Guard
Authorization Act of 2010 (Public Law 111-281) is transferred
to chapter 5 of title 14, United States Code, inserted after
section 508, redesignated as section 509, and amended so that
the enumerator, section heading, typeface, and typestyle
conform to those appearing in other sections in title 46,
United States Code.
(2) Clerical amendments.--
(A) Coast guard authorization act of 2010.--The table of
contents in section 1(b) of the Coast Guard Authorization Act
of 2010 (Public Law 111-281) is amended by striking the item
relating to section 914.
(B) Title 46.--The analysis for chapter 5 of title 14,
United States Code, is amended by inserting after the item
relating to section 508 the following:
``509. Conveyance of Coast Guard vessels for public purposes.''.
(b) Conveyance of Coast Guard Vessels for Public
Purposes.--Section 509 of title 14, United States Code (as
transferred and redesignated under subsection (a)), is
amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--At the request of the Commandant, the
Administrator of the General Services Administration may
transfer ownership of a Coast Guard vessel or aircraft to an
eligible entity for use for educational, cultural,
historical, charitable, recreational, or other public
purposes if such transfer is authorized by law.''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``as if such a request were being
processed'' after ``vessels''; and
(ii) by inserting ``, as in effect on the date of enactment
of the Don Young Coast Guard Authorization Act of 2022''
after ``Code of Federal Regulations''; and
(B) in paragraph (2) by inserting ``, as in effect on the
date of enactment of the Don Young Coast Guard Authorization
Act of 2022'' after ``such title''.
SEC. 215. ACQUISITION LIFE-CYCLE COST ESTIMATES.
Section 1132(e) of title 14, United States Code, is amended
by striking paragraphs (2) and (3) and inserting the
following:
``(2) Types of estimates.--For each Level 1 or Level 2
acquisition project or program, in addition to life-cycle
cost estimates developed under paragraph (1), the Commandant
shall require that--
``(A) such life-cycle cost estimates be updated before--
``(i) each milestone decision is concluded; and
``(ii) the project or program enters a new acquisition
phase; and
``(B) an independent cost estimate or independent cost
assessment, as appropriate, be
[[Page H3906]]
developed to validate such life-cycle cost estimates
developed under paragraph (1).''.
SEC. 216. NATIONAL COAST GUARD MUSEUM FUNDING PLAN.
Section 316(c)(4) of title 14, United States Code, is
amended by striking ``the Inspector General of the department
in which the Coast Guard is operating'' and inserting ``a
third party entity qualified to undertake such a
certification process''.
SEC. 217. REPORT ON COAST GUARD EXPLOSIVE ORDNANCE DISPOSAL.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Commandant of the Coast Guard
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the viability of establishing an explosive
ordnance disposal program (hereinafter referred to as the
``Program'') in the Coast Guard.
(b) Contents.--The report required under subsection (a)
shall contain, at a minimum, an explanation of the following
with respect to such a Program:
(1) Where within the organizational structure of the Coast
Guard the Program would be located, including a discussion of
whether the Program should reside in--
(A) Maritime Safety and Security Teams;
(B) Maritime Security Response Teams;
(C) a combination of the teams described under
subparagraphs (A) and (B); or
(D) elsewhere within the Coast Guard.
(3) The vehicles and dive craft that are Coast Guard
airframe and vessel transportable that would be required for
the transportation of explosive ordnance disposal elements.
(4) The Coast Guard stations at which--
(A) portable explosives storage magazines would be
available for explosive ordnance disposal elements; and
(B) explosive ordnance disposal elements equipment would be
pre-positioned.
(5) How the Program would support other elements within the
Department of Homeland Security, the Department of Justice,
and in wartime, the Department of Defense to--
(A) counter improvised explosive devices;
(B) counter unexploded ordnance;
(C) combat weapons of destruction;
(D) provide service in support of the President; and
(E) support national security special events.
(6) The career progression of Coast Guardsman participating
in the Program from--
(A) Seaman Recruit to Command Master Chief Petty Officer;
(B) Chief Warrant Officer 2 to that of Chief Warrant
Officer 4; and
(C) Ensign to that of Rear Admiral.
(7) Initial and annual budget justification estimates on a
single program element of the Program for--
(A) civilian and military pay with details on military pay,
including special and incentive pays such as--
(i) officer responsibility pay;
(ii) officer SCUBA diving duty pay;
(iii) officer demolition hazardous duty pay;
(iv) enlisted SCUBA diving duty pay;
(v) enlisted demolition hazardous duty pay;
(vi) enlisted special duty assignment pay at level special
duty-5;
(vii) enlisted assignment incentive pays;
(viii) enlistment and reenlistment bonuses;
(ix) officer and enlisted full civilian clothing
allowances;
(x) an exception to the policy allowing a third hazardous
duty pay for explosive ordnance disposal-qualified officers
and enlisted; and
(xi) parachutist hazardous duty pay;
(B) research, development, test, and evaluation;
(C) procurement;
(D) other transaction agreements;
(E) operations and support; and
(F) overseas contingency operations.
SEC. 218. PRIBILOF ISLAND TRANSITION COMPLETION ACTIONS.
(a) Extensions.--Section 524 of the Pribilof Island
Transition Completion Act of 2016 (Public Law 114-120) is
amended--
(1) in subsection (b)(5) by striking ``5 years'' and
inserting ``6 years''; and
(2) in subsection (c)(3) by striking ``60 days'' and
inserting ``120 days''.
(b) Actual Use and Occupancy Reports.--Not later than 90
days after enactment of this Act, and quarterly thereafter,
the Secretary of the department in which the Coast Guard is
operating shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report describing--
(1) the degree to which Coast Guard personnel and equipment
are deployed to St. Paul Island, Alaska, in actual occupancy
of the facilities, as required under section 524 of the
Pribilof Island Transition Completion Act of 2016 (Public Law
114-120); and
(2) the status of the activities described in subsections
(c) and (d) until such activities have been completed.
(c) Aircraft Hanger.--The Secretary may--
(1) enter into a lease for a hangar to house deployed Coast
Guard aircraft if such hanger was previously under lease by
the Coast Guard for purposes of housing such aircraft; and
(2) may enter into an agreement with the lessor of such a
hanger in which the Secretary may carry out repairs necessary
to support the deployment of such aircraft and the cost such
repairs may be offset under the terms of the lease.
(d) Fuel Tank.--
(1) Determination.--Not later than 30 days after the date
of enactment of this Act, the Secretary shall determine
whether the fuel tank located on St. Paul Island, Alaska,
that is owned by the Coast Guard is needed for Coast Guard
operations.
(2) Transfer.--Subject to paragraph (3), if the Secretary
determines such tank is not needed for operations, the
Secretary shall, not later than 90 days after making such
determination, transfer such tank to the Alaska Native
Village Corporation for St. Paul Island, Alaska.
(3) Fair market value exception.--The Secretary may only
carry out a transfer under paragraph (2) if the fair market
value of such tank is less than the aggregate value of any
lease payments for the property on which the tank is located
that the Coast Guard would have paid to the Alaska Native
Village Corporation for St. Paul Island, Alaska, had such
lease been extended at the same rate.
(e) Savings Clause.--Nothing in this section shall be
construed to limit any rights of the Alaska Native Village
Corporation for St. Paul to receive conveyance of all or part
of the lands and improvements related to Tract 43 under the
same terms and conditions as prescribed in section 524 of the
Pribilof Island Transition Completion Act of 2016 (Public Law
114-120).
SEC. 219. NOTIFICATION OF COMMUNICATION OUTAGES.
Not later than 180 days after the date of enactment of this
Act, the Commandant of the Coast Guard shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report that--
(1) contains a plan for the Coast Guard to notify mariners
of radio outages for towers owned and operated by the Coast
Guard in District 17;
(2) address in such plan how the Coast Guard in District 17
will--
(A) disseminate outage updates regarding outages on social
media at least every 48 hours;
(B) provide updates on a publicly accessible website at
least every 48 hours;
(C) develop methods for notifying mariners where cellular
connectivity does not exist;
(D) generate receipt confirmation and acknowledgment of
outages from mariners; and
(E) develop and advertise a web-based communications update
hub on AM/FM radio for mariners; and
(3) identifies technology gaps necessary to implement the
plan and provide a budgetary assessment necessary to
implement the plan.
TITLE III--MARITIME
Subtitle A--Shipping
SEC. 301. NONOPERATING INDIVIDUAL.
Section 8313(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended by striking ``the date that is 2 years
after the date of the enactment of this Act'' and inserting
``January 1, 2025''.
SEC. 302. OCEANOGRAPHIC RESEARCH VESSELS.
(a) Report Required.--Not later than 180 days after the
date of enactment of this Act, the Secretary of
Transportation, in consultation with the Secretary of the
department in which the Coast Guard is operating, shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
detailing the total number of vessels known or estimated to
operate or to have operated under section 50503 of title 46,
United States Code, during each of the past 10 fiscal years.
(b) Contents.--The report required by subsection (a) shall
include the following elements:
(1) The total number of foreign-flagged vessels known or
estimated to operate or to have operated as oceanographic
research vessels (as such term is defined in section 2101 of
title 46, United States Code) during each of the past 10
fiscal years.
(2) The total number of United States-flagged vessels known
or estimated to operate or to have operated as oceanographic
research vessels (as such term is defined section 2101 of
title 46, United States Code) during each of the past 10
fiscal years.
SEC. 303. ATLANTIC COAST PORT ACCESS ROUTES BRIEFING.
Not later than 30 days after the date of enactment of this
Act, and every 30 days thereafter until the requirements of
section 70003 of title 46, United States Code, are fully
executed with respect to the Atlantic Coast Port Access
Route, the Secretary of the department in which the Coast
Guard is operating shall brief the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on any progress made to execute
such requirements.
Subtitle B--Vessel Safety
SEC. 304. FISHING VESSEL SAFETY.
(a) In General.--Chapter 45 of title 46, United States
Code, is amended--
(1) in section 4502(f)(2) by striking ``certain vessels
described in subsection (b) if requested by the owner or
operator; and'' and inserting ``vessels described in
subsection (b) if--
[[Page H3907]]
``(A) requested by an owner or operator; or
``(B) the vessel is--
``(i) at least 50 feet overall in length;
``(ii) built before July 1, 2013; and
``(iii) 25 years of age or older; and'';
(2) in section 4503(b) by striking ``Except as provided in
section 4503a, subsection (a)'' and inserting ``Subsection
(a)''; and
(3) by repealing section 4503a.
(b) Alternative Safety Compliance Agreements.--Nothing in
this section or the amendments made by this section shall be
construed to affect or apply to any alternative compliance
and safety agreement entered into by the Coast Guard that is
in effect on the date of enactment of this Act.
(c) Conforming Amendments.--The table of sections in
chapter 45 of title 46, United States Code, is amended by
striking the item relating to section 4503a.
SEC. 305. REQUIREMENTS FOR DUKW-TYPE AMPHIBIOUS PASSENGER
VESSELS.
(a) Regulations Required.--Not later than 1 year after the
date of enactment of this Act, the Commandant of the Coast
Guard shall issue regulations for DUKW-type amphibious
passenger vessels operating in waters subject to the
jurisdiction of the United States, as defined in section 2.38
of title 33, Code of Federal Regulations (as in effect on the
date of enactment of this Act).
(b) Deadline for Compliance.--The regulations issued under
subsection (a) shall take effect not later than 24 months
after the date of enactment of this Act.
(c) Requirements.--The regulations required under
subsection (a) shall include the following:
(1) A requirement that operators of DUKW-type amphibious
passenger vessels provide reserve buoyancy for such vessels
through passive means, including watertight
compartmentalization, built-in flotation, or such other means
as determined appropriate by the Commandant, in order to
ensure that such vessels remain afloat and upright in the
event of flooding, including when carrying a full complement
of passengers and crew.
(2) A requirement that an operator of a DUKW-type
amphibious passenger vessel--
(A) review and notate the forecast of the National Weather
Service of the National Oceanic and Atmospheric
Administration in the logbook of the vessel before getting
underway and periodically while underway;
(B) proceed to the nearest harbor or safe refuge in any
case in which a watch or warning is issued for wind speeds
exceeding the wind speed equivalent used to certify the
stability of such DUKW-type amphibious passenger vessel; and
(C) maintain and monitor a weather monitor radio receiver
at the operator station of the vessel that is automatically
activated by the warning alarm device of the National Weather
Service.
(3) A requirement that--
(A) operators of DUKW-type amphibious passenger vessels
inform passengers that seat belts may not be worn during
waterborne operations;
(B) before the commencement of waterborne operations, a
crew member shall visually check that the seatbelt of each
passenger is unbuckled; and
(C) operators or crew maintain a log recording the actions
described in subparagraphs (A) and (B).
(4) A requirement for annual training for operators and
crew of DUKW-type amphibious passengers vessels, including--
(A) training for personal flotation and seat belt
requirements, verifying the integrity of the vessel at the
onset of each waterborne departure, identification of weather
hazards, and use of National Weather Service resources prior
to operation; and
(B) training for crew to respond to emergency situations,
including flooding, engine compartment fires, man-overboard
situations, and in water emergency egress procedures.
(d) Consideration.--In issuing the regulations required
under subsection (a), the Commandant shall consider whether
personal flotation devices should be required for the
duration of the waterborne transit of a DUKW-type amphibious
passenger vessel.
(e) Interim Requirements.--Beginning on the date on which
the regulations under subsection (a) are issued, the
Commandant shall require that operators of DUKW-type
amphibious passenger vessels that are not in compliance with
such regulations shall be subject to the following
requirements:
(1) Remove the canopies and any window coverings of such
vessels for waterborne operations, or install in such vessels
a canopy that does not restrict horizontal or vertical escape
by passengers in the event of flooding or sinking.
(2) If a canopy and window coverings are removed from any
such vessel pursuant to paragraph (1), require that all
passengers wear a personal flotation device approved by the
Coast Guard before the onset of waterborne operations of such
vessel.
(3) Reengineer such vessels to permanently close all
unnecessary access plugs and reduce all through-hull
penetrations to the minimum number and size necessary for
operation.
(4) Install in such vessels independently powered electric
bilge pumps that are capable of dewatering such vessels at
the volume of the largest remaining penetration in order to
supplement an operable Higgins pump or a dewatering pump of
equivalent or greater capacity.
(5) Install in such vessels not fewer than 4 independently
powered bilge alarms.
(6) Conduct an in-water inspection of any such vessel after
each time a through-hull penetration of such vessel has been
removed or uncovered.
(7) Verify through an in-water inspection the watertight
integrity of any such vessel at the outset of each waterborne
departure of such vessel.
(8) Install underwater LED lights that activate
automatically in an emergency.
(9) Otherwise comply with any other provisions of relevant
Coast Guard guidance or instructions in the inspection,
configuration, and operation of such vessels.
SEC. 306. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL
PASSENGERS VESSELS.
(a) Restructuring.--Chapter 305 of title 46, United States
Code, is amended--
(1) by inserting the following before section 30501 the
following:
``Subchapter I--General Provisions'';
(2) by inserting the following before section 30503:
``Subchapter II--Exoneration and Limitation of Liability'';
and
(3) by redesignating sections 30503 through 30512 as
sections 30521 through 30530, respectively.
(b) Definitions.--Section 30501 of title 46, United States
Code, is amended to read as follows:
``Sec. 30501. Definitions
``In this chapter:
``(1) Covered small passenger vessel.--The term `covered
small passenger vessel'--
``(A) means a small passenger vessel, as defined in section
2101 that is--
``(i) not a wing-in-ground craft; and
``(ii) carrying--
``(I) not more than 49 passengers on an overnight domestic
voyage; and
``(II) not more than 150 passengers on any voyage that is
not an overnight domestic voyage; and
``(B) includes any wooden vessel constructed prior to March
11, 1996, carrying at least 1 passenger for hire.
``(2) Owner.--The term `owner' includes a charterer that
mans, supplies, and navigates a vessel at the charterer's own
expense or by the charterer's own procurement.''.
(c) Clerical Amendment.--The item relating to section 30501
in the analysis for chapter 305 of title 46, United States
Code, is amended to read as follows:
``30501. Definitions.''.
(d) Applicability.--Section 30502 of title 46, United
States Code, is amended by inserting ``as to covered small
passenger vessels, and'' before ``as otherwise provided''.
(e) Provisions Requiring Notice of Claim or Limiting Time
for Bringing Action.--Section 30526 of title 46, United
States Code, as redesignated by subsection (a), is amended--
(1) in subsection (a), by inserting ``and covered small
passenger vessels'' after ``seagoing vessels'';
(2) in subsection (b)(1), by striking ``6 months'' and
inserting ``2 years''; and
(3) in subsection (b)(2), by striking ``one year'' and
inserting ``2 years''.
(f) Tables of Subchapters and Tables of Sections.--The
table of sections for chapter 305 of title 46, United States
Code, is amended--
(1) by inserting before section 30501 the following:
``subchapter i--general provisions'';
(2) by inserting after section 30502 the following:
``subchapter ii--exoneration and limitation of liability'';
and
(3) by redesignating the items relating to sections 30503
through 30512 as items relating to sections 30521 through
30530, respectively.
(g) Conforming Amendments.--Title 46, United States Code,
is further amended--
(1) in section 14305(a)(5), by striking ``section 30506''
and inserting ``section 30524'';
(2) in section 30523(a), as redesignated by subsection (a),
by striking ``section 30506'' and inserting ``section
30524'';
(3) in section 30524(b), as redesignated by subsection (a),
by striking ``section 30505'' and inserting ``section
30523''; and
(4) in section 30525, as redesignated by subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``sections 30505 and 30506'' and inserting ``sections 30523
and 30524'';
(B) in paragraph (1) by striking ``section 30505'' and
inserting ``section 30523''; and
(C) in paragraph (2) by striking ``section 30506(b)'' and
inserting ``section 30524(b)''.
SEC. 307. AUTOMATIC IDENTIFICATION SYSTEM REQUIREMENTS.
(a) Requirement for Fishing Vessels To Have Automatic
Identification Systems.--Section 70114(a)(1) of title 46,
United States Code, is amended--
(1) by striking ``, while operating on the navigable waters
of the United States,'';
(2) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv);
(3) by inserting before clauses (i) through (iv), as
redesignated by paragraph (2), the following:
``(A) While operating on the navigable waters of the United
States:''; and
(4) by adding at the end the following:
``(B) A vessel of the United States that is more than 65
feet overall in length, while engaged in fishing, fish
processing, or fish tendering operations on the navigable
waters of the United States or in the United States exclusive
economic zone.''.
[[Page H3908]]
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Commerce for fiscal
year 2022, $5,000,000, to remain available until expended, to
purchase automatic identification systems for fishing
vessels, fish processing vessels, fish tender vessels more
than 50 feet in length, as described under this section and
the amendments made by this section.
Subtitle C--Shipbuilding Program
SEC. 308. QUALIFIED VESSEL.
(a) Eligible Vessel.--Section 53501(2) of title 46, United
States Code, is amended--
(1) in subparagraph (A)(iii) by striking ``and'' at the
end;
(2) in subparagraph (B)(v) by striking the period at the
end and inserting a semicolon; and
(3) by adding at the end the following:
``(C) a ferry, as such term is defined in section 2101; and
``(D) a passenger vessel or small passenger vessel, as such
terms are defined in section 2101, that has a passenger
capacity of 50 passengers or greater.''.
(b) Qualified Vessel.--Section 53501(5) of title 46, United
States Code, is amended--
(1) in subparagraph (A)(iii) by striking ``and'' at the
end;
(2) in subparagraph (B)(v) by striking the period at the
end and inserting a semicolon; and
(3) by adding at the end the following:
``(C) a ferry, as such term is defined in section 2101; and
``(D) a passenger vessel or small passenger vessel, as such
terms are defined in section 2101, that has a passenger
capacity of 50 passengers or greater.''.
SEC. 309. ESTABLISHING A CAPITAL CONSTRUCTION FUND.
Section 53503(b) of title 46, United States Code, is
amended by inserting ``(including transportation on a ferry,
passenger vessel, or small passenger vessel, as such terms
are defined in section 2101, that has a passenger capacity of
50 passengers or greater)'' after ``short sea
transportation''.
TITLE IV--FEDERAL MARITIME COMMISSION
SEC. 401. SHORT TITLE.
This title may be cited as the ``Ocean Shipping Reform Act
of 2022''.
SEC. 402. PURPOSES.
Section 40101 of title 46, United States Code, is amended
by striking paragraphs (2) through (4) and inserting the
following:
``(2) ensure an efficient and competitive transportation
system for the common carriage of goods by water in the
foreign commerce of the United States that is, as far as
possible, in harmony with fair and equitable international
shipping practices;
``(3) encourage the development of a competitive and
efficient liner fleet of vessels of the United States capable
of meeting national security and commerce needs of the United
States;
``(4) support the growth and development of United States
exports through a competitive and efficient system for the
common carriage of goods by water in the foreign commerce of
the United States and by placing a greater reliance on the
marketplace; and
``(5) promote reciprocal trade in the common carriage of
goods by water in the foreign commerce of the United
States.''.
SEC. 403. SERVICE CONTRACTS.
Section 40502 of title 46, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (7) by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (8) by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(9) any other essential terms or minimum contract
requirements that the Federal Maritime Commission determines
necessary or appropriate.''; and
(2) by adding at the end the following:
``(g) Service Contract Requirement.--With respect to
service contracts entered into under this section, a common
carrier shall establish, observe, and enforce just and
reasonable regulations and practices relating to essential
terms and minimum contract requirements the Commission
determines are necessary or appropriate under subsection
(c)(9).''.
SEC. 404. SHIPPING EXCHANGE REGISTRY.
(a) In General.--Chapter 405 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 40504. Shipping exchange registry
``(a) In General.--No person may operate a shipping
exchange involving ocean transportation in the foreign
commerce of the United States unless the shipping exchange is
registered as a national shipping exchange under the terms
and conditions provided in this section and the regulations
issued pursuant to this section.
``(b) Registration.--A person shall register a shipping
exchange by filing with the Federal Maritime Commission an
application for registration in such form as the Commission,
by rule, may prescribe containing the rules of the exchange
and such other information and documents as the Commission,
by rule, may prescribe as necessary or appropriate in the
public interest.
``(c) Exemption.--The Commission may exempt, conditionally
or unconditionally, a shipping exchange from registration and
licensing under this section if the Commission finds that the
shipping exchange is subject to comparable, comprehensive
supervision and regulation by the appropriate governmental
authorities in the home country of the shipping exchange.
``(d) Regulations.--In issuing regulations pursuant to
subsection (a), the Commission shall set standards necessary
to carry out subtitle IV for registered national shipping
exchanges, including the minimum requirements for service
contracts established under section 40502, and issue licenses
for registered national shipping exchanges.
``(e) Definition.--In this subsection, the term `shipping
exchange' means a platform, digital, over-the-counter or
otherwise, which connects shippers with common carriers (both
vessel-operating and non-vessel-operating) for the purpose of
entering into underlying agreements or contracts for the
transport of cargo, by vessel or other modes of
transportation.''.
(b) Applicability.--The registration requirement under
section 40504 of title 46, United States Code (as added by
this section), shall take effect on the date on which the
Federal Maritime Commission issues regulations required under
subsection (d) of such section.
(c) Clerical Amendment.--The analysis for chapter 405 of
title 46, United States Code, is amended by adding at the end
the following:
``40504. Shipping exchange registry.''.
SEC. 405. DATA COLLECTION.
(a) In General.--Chapter 411 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 41110. Data collection
``(a) In General.--Common carriers covered under this
chapter shall submit to the Federal Maritime Commission a
calendar quarterly report that describes the total import and
export tonnage and the total loaded and empty 20-foot
equivalent units per vessel (making port in the United
States, including any territory or possession of the United
States) operated by such common carrier.
``(b) Prohibition on Duplication.--Data required to be
reported under subsection (a) may not duplicate information--
``(1) submitted to the Corps of Engineers pursuant to
section 11 of the Act entitled `An Act authorizing the
construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes',
approved September 22, 1922 (33 U.S.C. 555), by an ocean
common carrier acting as a vessel operator; or
``(2) submitted pursuant to section 481 of the Tariff Act
of 1930 (19 U.S.C. 1481) to U.S. Customs and Border
Protection by merchandise importers.''.
(b) Clerical Amendment.--The analysis for chapter 411 of
title 46, United States Code, is amended by adding at the end
the following:
``41110. Data collection.''.
SEC. 406. NATIONAL SHIPPER ADVISORY COMMITTEE.
(a) National Shipper Advisory Committee.--Section
42502(c)(3) of title 46, United States Code, is amended by
inserting ``, including customs brokers or freight
forwarders'' after ``ocean common carriers'' each place such
term occurs.
(b) Analysis.--The analysis for chapter 425 of title 46,
United States Code, is amended by inserting before the item
relating to section 42501 the following:
``Sec.''.
SEC. 407. ANNUAL REPORT AND PUBLIC DISCLOSURES.
(a) Report on Foreign Laws and Practices.--Section
46106(b) of title 46, United States Code, is amended--
(1) in paragraph (5) by striking ``and'' at the end;
(2) in paragraph (6)--
(A) by striking ``under this part'' and inserting ``under
chapter 403''; and
(B) by striking the period and inserting a semicolon; and
(3) by adding at the end the following:
``(7) an identification of any anticompetitive or
nonreciprocal trade practices by ocean common carriers;
``(8) an analysis of any trade imbalance resulting from the
business practices of ocean common carriers, including an
analysis of the data collected under section 41110; and
``(9) an identification of any otherwise concerning
practices by ocean common carriers, particularly such
carriers that are--
``(A) State-owned or State-controlled enterprises; or
``(B) owned or controlled by, is a subsidiary of, or is
otherwise related legally or financially (other than a
minority relationship or investment) to a corporation based
in a country--
``(i) identified as a nonmarket economy country (as defined
in section 771(18) of the Tariff Act of ( U.S.C. 1677(18)))
as of the date of enactment of this paragraph;
``(ii) identified by the United States Trade Representative
in the most recent report required by section 182 of the
Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign
country under subsection (a)(2) of that section; or
``(iii) subject to monitoring by the Trade Representative
under section 306 of the Trade Act of 1974 (19 U.S.C.
2416).''.
(b) Public Disclosure.--
(1) In general.--Section 46106 of title 46, United States
Code, is amended by adding at the end the following:
``(d) Public Disclosures.--The Federal Maritime Commission
shall publish, and annually update, on the website of the
Commission--
``(1) all findings by the Commission of false
certifications by common carriers or marine
[[Page H3909]]
terminal operators under section 41104(a)(15); and
``(2) all penalties imposed or assessed against common
carriers or marine terminal operators, as applicable, under
sections 41107, 41108, and 41109, listed by each common
carrier or marine terminal operator.''.
(2) Conforming and clerical amendments.--
(A) Conforming amendment.--The heading for section 46106 of
title 46, United States Code, is amended by inserting ``and
public disclosure'' after ``report''.
(B) Clerical amendment.--The analysis for chapter 461 of
title 46, United States Code, is amended by striking the item
related to section 46106 and inserting the following:
``46106. Annual report and public disclosure.''.
SEC. 408. GENERAL PROHIBITIONS.
Section 41102 of title 46, United States Code, is amended
by adding by adding at the end the following:
``(d) Prohibition on Retaliation.--A common carrier, marine
terminal operator, or ocean transportation intermediary,
either alone or in conjunction with any other person,
directly or indirectly, may not retaliate against a shipper,
a shipper's agent, or a motor carrier by refusing, or
threatening to refuse, cargo space accommodations when
available, or resort to other unfair or unjustly
discriminatory methods because the shipper has patronized
another carrier, has filed a complaint, or for any other
reason.
``(e) Certification.--A common carrier or marine terminal
operator shall not charge any other person demurrage or
detention charges under a tariff, marine terminal schedule,
service contract, or any other contractual obligation unless
accompanied by an accurate certification that such charges
comply with all rules and regulations concerning demurrage or
detention issued by the Commission. The certification
requirement only applies to the entity that establishes the
charge, and a common carrier or marine terminal operator that
collects a charge on behalf of another common carrier or
marine terminal operator is not responsible for providing the
certification, except that an invoice from a common carrier
or marine terminal operator collecting a charge on behalf of
another must include a certification from the party that
established the charge.''.
SEC. 409. PROHIBITION ON UNREASONABLY DECLINING CARGO.
(a) Unreasonably Declining Cargo.--Section 41104 of title
46, United States Code, is amended in subsection (a)--
(1) by striking paragraph (3) and inserting the following:
``(3) engage in practices that unreasonably reduce shipper
accessibility to equipment necessary for the loading or
unloading of cargo;'';
(2) in paragraph (12) by striking ``; or'' and inserting a
semicolon;
(3) in paragraph (13) by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
``(14) fail to furnish or cause a contractor to fail to
furnish containers or other facilities and instrumentalities
needed to perform transportation services, including
allocation of vessel space accommodations, in consideration
of reasonably foreseeable import and export demands; or
``(15) unreasonably decline export cargo bookings if such
cargo can be loaded safely and timely, as determined by the
Commandant of the Coast Guard, and carried on a vessel
scheduled for the immediate destination of such cargo.''.
(b) Rulemaking on Unreasonably Declining Cargo.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commission shall initiate a
rulemaking proceeding to define the term ``unreasonably
decline'' for the purposes of subsection (a)(15) of section
41104 of title 46, United States Code (as added by subsection
(a)).
(2) Contents.--The rulemaking under paragraph (1) shall
address the unreasonableness of ocean common carriers
prioritizing the shipment of empty containers while
excluding, limiting, or otherwise reducing the shipment of
full, loaded containers when such containers are readily
available to be shipped and the appurtenant vessel has the
weight and space capacity available to carry such containers
if loaded in a safe and timely manner.
SEC. 410. DETENTION AND DEMURRAGE.
(a) In General.--Section 41104 of title 46, United States
Code, is further amended by adding at the end the following:
``(d) Certification.--Failure of a common carrier to
include a certification under section 41102(e) alongside any
demurrage or detention charge shall eliminate any obligation
of the charged party to pay the applicable charge.
``(e) Demurrage and Detention Practices and Charges.--
Notwithstanding any other provision of law and not later than
30 days of the date of enactment of this subsection, a common
carrier or marine terminal operator, shall--
``(1) act in a manner consistent with any rules or
regulations concerning demurrage or detention issued by the
Commission;
``(2) maintain all records supporting the assessment of any
demurrage or detention charges for a period of 5 years and
provide such records to the invoiced party or to the
Commission on request; and
``(3) bear the burden of establishing the reasonableness of
any demurrage or detention charges which are the subject of
any complaint proceeding challenging a common carrier or
marine terminal operator demurrage or detention charges as
unjust and unreasonable.
``(f) Penalties for False or Inaccurate Certified Demurrage
or Detention Charges.--In the event of a finding that the
certification under section 41102(e) was inaccurate, or false
after submission under section 41301, penalties under section
41107 shall be applied if the Commission determines, in a
separate enforcement proceeding, such certification was
inaccurate or false.''.
(b) Rulemaking on Detention and Demurrage.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Federal Maritime Commission shall
initiate a rulemaking proceeding to establish rules
prohibiting common carriers and marine terminal operators
from adopting and applying unjust and unreasonable demurrage
and detention rules and practices.
(2) Contents.--The rulemaking under paragraph (1) shall
address the issues identified in the final rule published on
May 18, 2020, titled ``Interpretive Rule on Demurrage and
Detention Under the Shipping Act'' (85 Fed. Reg. 29638),
including the following:
(A) Establishing clear and uniform definitions for
demurrage, detention, cargo availability for retrieval and
associated free time, and other terminology used in the rule,
including establishing a definition for cargo availability
for retrieval that accounts for government inspections.
(B) Establishing that demurrage and detention rules are not
independent revenue sources but incentivize efficiencies in
the ocean transportation network, including the retrieval of
cargo and return of equipment.
(C) Prohibiting the consumption of free time or collection
of demurrage and detention charges when obstacles to the
cargo retrieval or return of equipment are within the scope
of responsibility of the carrier or their agent and beyond
the control of the invoiced or contracting party.
(D) Prohibiting the commencement or continuation of free
time unless cargo is available for retrieval and timely
notice of cargo availability has been provided.
(E) Prohibiting the consumption of free time or collection
of demurrage charges when marine terminal appointments are
not available during the free time period.
(F) Prohibiting the consumption of free time or collection
of detention charges on containers when the marine terminal
required for return is not open or available.
(G) Requiring common carriers to provide timely notice of--
(i) cargo availability after vessel discharge;
(ii) container return locations; and
(iii) advance notice for container early return dates.
(H) Establishing minimum billing requirements, including
timeliness and supporting information that shall be included
in or with invoices for demurrage and detention charges that
will allow the invoiced party to validate the charges.
(I) Requiring common carriers and marine terminal operators
to establish reasonable dispute resolution policies and
practices.
(J) Establishing the responsibilities of shippers,
receivers, and draymen with respect to cargo retrieval and
equipment return.
(K) Clarifying rules for the invoicing of parties other
than the shipper for any demurrage, detention, or other
similar per container charges, including determining whether
such parties should be billed at all.
(c) Rulemaking on Minimum Service Standards.--Not later
than 90 days after the date of enactment of this Act, the
Commission shall initiate a rulemaking proceeding to
incorporate subsections (d) through (f) of 41104 of title 46,
United States Code, (as added by section 410) which shall
include the following:
(1) The obligation to adopt reasonable rules and practices
related to or connected with the furnishing and allocation of
adequate and suitable equipment, vessel space accommodations,
containers, and other instrumentalities necessary for the
receiving, loading, carriage, unloading and delivery of
cargo.
(2) The duty to perform the contract of carriage with
reasonable dispatch.
(3) The requirement to carry United States export cargo if
such cargo can be loaded safely and timely, as determined by
the Commandant of the Coast Guard, and carried on a vessel
scheduled for such cargo's immediate destination.
(4) The requirement of ocean common carriers to establish
contingency service plans to address and mitigate service
disruptions and inefficiencies during periods of port
congestion and other market disruptions.
SEC. 411. ASSESSMENT OF PENALTIES.
(a) Assessment of Penalties.--Section 41109 of title 46,
United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or, in addition to or in lieu of a civil
penalty, order the refund of money'' after ``this part''; and
(B) by inserting ``or refund of money'' after ``conditions,
a civil penalty'';
(2) in subsection (c) by inserting ``or refund of money''
after ``civil penalty'';
(3) in subsection (e) by inserting ``or order a refund of
money'' after ``civil penalty''; and
[[Page H3910]]
(4) in subsection (f) by inserting ``or who is ordered to
refund money'' after ``civil penalty is assessed''.
(b) Additional Penalties.--Section 41108(a) of title 46,
United States Code, is amended by striking ``section
41104(1), (2), or (7)'' and inserting ``subsections (d) or
(e) of section 41102 or paragraph (1), (2), (7), (14), or
(15) of section 41104(a)''.
(c) Conforming Amendment.--Section 41309 of title 46,
United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or refund of money'' after ``payment of
reparation''; and
(B) by inserting ``or to whom the refund of money was
ordered'' after ``award was made''; and
(2) in subsection (b) by inserting ``or refund of money''
after ``award of reparation''.
(d) Award of Reparations.--Section 41305(c) of title 46,
United States Code, is amended--
(1) by inserting ``or (c)'' after ``41102(b)''; and
(2) by inserting ``, or if the Commission determines that a
violation of section 41102(e) was made willfully or
knowingly'' after ``of this title''.
SEC. 412. INVESTIGATIONS.
Section 41302 of title 46, United States Code, is amended
by striking ``or agreement'' and inserting ``, agreement,
fee, or charge''.
SEC. 413. INJUNCTIVE RELIEF.
Section 41307(b) to title 46, United States Code, is
amended--
(1) in paragraph (3)--
(A) in the heading by striking ``and third parties''; and
(B) by striking the second sentence; and
(2) by adding at the end the following:
``(5) Third party intervention.--The court may allow a
third party to intervene in a civil action brought under this
section.''.
SEC. 414. TECHNICAL AMENDMENTS.
(a) Federal Maritime Commission.--The analysis for chapter
461 of title 46, United States Code, is amended by striking
the first item relating to chapter 461.
(b) Assessment of Penalties.--Section 41109(c) of title 46,
United States Code, is amended by striking ``section 41104(1)
or (2)'' and inserting ``paragraph (1) or (2) of section
41104(a)''.
(c) National Shipper Advisory Committee.--Section
42502(c)(3) of title 46, United States Code is amended by
striking ``Representation'' and all that follows through
``Members'' and inserting ``Representation.--Members''.
SEC. 415. AUTHORIZATION OF APPROPRIATIONS.
Section 46108 of title 46, United States Code, is amended
by striking ``$29,086,888 for fiscal year 2020 and
$29,639,538 for fiscal year 2021'' and inserting
``$32,603,492 for fiscal year 2022 and $35,863,842 for fiscal
year 2023''.
SEC. 416. NAS STUDY ON SUPPLY CHAIN INDUSTRY.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Transportation shall
seek to enter into an agreement with the National Academy of
Sciences under which the National Academy shall conduct a
study on the United States supply chain that examines data
constraints that impede the flow of maritime cargo and add to
supply chain inefficiencies and that identifies data sharing
systems that can be employed to improve the functioning of
the United States supply chain.
(b) Contents.--The study required under subsection (a)
shall include--
(1) the identification of where bottlenecks or chokepoints
are most prominent within the United States supply chain;
(2) the identification of what common shipping data is
created with each hand-off of a container through the United
States supply chain and how such data is stored and shared;
(3) the identification of critical data elements used by
any entity covered by subsection (c), including the key
elements used for various supply chain business processes;
(4) a review of the methodology used to store, access, and
disseminate shipping data across the United States supply
chain and evaluation of the inefficiencies in such
methodology;
(5) an analysis of existing and potential impediments to
the free flow of information among entities covered by
subsection (c), including--
(A) identification of barriers that prevent carriers,
terminals, and shippers from having access to commercial
data; and
(B) any inconsistencies in--
(i) terminology used across data elements connected to the
shipment, arrival, and unloading of a shipping container; and
(ii) the classification systems used across the United
States supply chain, including inconsistencies in the names
of entities covered by subsection (c), geographical names,
and terminology;
(6) the identification of information to be included in an
improved data sharing system designed to plan, execute, and
monitor the optimal loading and unloading of maritime cargo;
and
(7) the identification of existing software and data
sharing platforms available to facilitate propagation of
information to all agents involved in the loading and
unloading of maritime cargo and evaluate the effectiveness of
such software and platforms if implemented.
(c) Collection of Information.--In conducting the study
required under subsection (a), the National Academy of
Sciences shall collect information from--
(1) vessel operating common carriers and non-vessel
operating common carriers;
(2) marine terminal operators;
(3) commercial motor vehicle operators;
(4) railroad carriers;
(5) chassis providers;
(6) ocean transportation intermediaries;
(7) custom brokers;
(8) freight forwarders;
(9) shippers and cargo owners;
(10) the National Shipper Advisory Committee;
(11) relevant government agencies, such as the Federal
Maritime Commission, the Surface Transportation Board, and
the United States Customs and Border Protection;
(12) to the extent practicable, representatives of foreign
countries and maritime jurisdictions outside of the United
States; and
(13) any other entity involved in the transportation of
ocean cargo and the unloading of cargo upon arrival at a
port.
(d) Facilitation of Data Sharing.--In carrying out the
study under subsection (a), the National Academy of Sciences
may solicit information from any relevant agency relating to
the United States supply chain.
(e) Report.--Not later than 18 months after entering into
an arrangement with the Secretary under subsection (a), the
National Academy of Sciences shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, and make available on a
publicly accessible website, a report containing--
(1) the study required under subsection (a);
(2) the information collected under subsections (b) and
(c), excluding any personally identifiable information or
sensitive business information; and
(3) any recommendations for--
(A) common data standards to be used in the United States
supply chain; and
(B) policies and protocols that would streamline
information sharing across the United States supply chain.
SEC. 417. TEMPORARY EMERGENCY AUTHORITY.
(a) Public Input on Information Sharing.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Federal Maritime Commission shall
issue a request for information seeking public comment
regarding--
(A) whether congestion of the common carriage of goods has
created an emergency situation of a magnitude such that there
exists a substantial adverse effect on the competitiveness
and reliability of the international ocean transportation
supply system;
(B) whether an emergency order described in subsection (b)
would alleviate such an emergency situation; and
(C) the appropriate scope of such an emergency order, if
applicable.
(2) Consultation.--During the public comment period under
paragraph (1), the Commission may consult, as the Commission
determines to be appropriate, with--
(A) other Federal departments and agencies; and
(B) persons with expertise relating to maritime and freight
operations.
(b) Authority to Issue Emergency Order Requiring
Information Sharing.--On making a unanimous determination
described in subsection (c), the Commission may issue an
emergency order requiring any common carrier or marine
terminal operator to share directly with relevant shippers,
rail carriers, or motor carriers information relating to
cargo throughput and availability, in order to ensure the
efficient transportation, loading, and unloading of cargo to
or from--
(1) any inland destination or point of origin;
(2) any vessel; or
(3) any point on a wharf or terminal.
(c) Description of Determination.--
(1) In general.--A determination referred to in subsection
(b) is a unanimous determination by the Commission that
congestion of common carriage of goods has created an
emergency situation of a magnitude such that there exists a
substantial adverse effect on the competitiveness and
reliability of the international ocean transportation supply
system.
(2) Factors for consideration.--In issuing an emergency
order under subsection (b), the Commission shall ensure that
such order includes parameters relating to temporal and
geographic scope, taking into consideration the likely
burdens on ocean carriers and marine terminal operators and
the likely benefits on congestion relating to the purposes
described in section 40101 of title 46, United States Code.
(d) Petitions for Exception.--
(1) In general.--A common carrier or marine terminal
operator subject to an emergency order issued under this
section may submit to the Commission a petition for exception
from 1 or more requirements of the emergency order, based on
a showing of undue hardship or other condition rendering
compliance with such a requirement impractical.
(2) Determination.--Not later than 21 days after the date
on which a petition for exception under paragraph (1) is
submitted, the Commission shall determine whether to approve
or deny such petition by majority vote.
(3) Inapplicability pending review.--The requirements of an
emergency order that is the subject of a petition for
exception under
[[Page H3911]]
this subsection shall not apply to a petitioner during the
period for which the petition is pending.
(e) Limitations.--
(1) Term.--An emergency order issued under this section
shall remain in effect for a period of not longer than 60
days.
(2) Renewal.--The Commission may renew an emergency order
issued under this section for an additional term by a
unanimous determination by the Commission.
(f) Sunset.--The authority provided by this section shall
terminate on the date that is 2 years after the date of
enactment of this Act.
(g) Definitions.--In this section:
(1) Common carrier.--The term ``common carrier'' has the
meaning given such term in section 40102 of title 46, United
States Code.
(2) Motor carrier.--The term ``motor carrier'' has the
meaning given such term in section 13102 of title 49, United
States Code.
(3) Rail carrier.--The term ``rail carrier'' has the
meaning given such term in section 10102 of title 49, United
States Code.
(4) Shipper.--The term ``shipper'' has the meaning given
such term in section 40102 of title 46, United States Code.
SEC. 418. TERMS AND VACANCIES.
Section 46101(b) of title 46, United States Code, is
amended by--
(1) in paragraph (2)--
(A) by striking ``one year'' and inserting ``2 years''; and
(B) by striking ``2 terms'' and inserting ``3 terms''; and
(2) in paragraph (3)--
(A) by striking ``of the individual being succeeded'' and
inserting ``to which such individual is appointed'';
(B) by striking ``2 terms'' and inserting ``3 terms''; and
(C) by striking ``the predecessor of that'' and inserting
``such''.
TITLE V--MISCELLANEOUS
Subtitle A--Navigation
SEC. 501. RESTRICTION ON CHANGING SALVORS.
Section 311(c)(3) of the Federal Water Pollution Control
Act (33 U.S.C. 1321(c)(3)) is amended by adding at the end
the following:
``(C) An owner or operator may not change salvors as part
of a deviation under subparagraph (B) in cases in which the
original salvor satisfies the Coast Guard requirements in
accordance with the National Contingency Plan and the
applicable response plan required under subsection (j).
``(D) In any case in which the Coast Guard authorizes a
deviation from the salvor as part of a deviation under
subparagraph (B) from the applicable response plan required
under subsection (j), the Commandant shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report describing the
deviation and the reasons for such deviation.''.
SEC. 502. PROVIDING REQUIREMENTS FOR VESSELS ANCHORED IN
ESTABLISHED ANCHORAGE GROUNDS.
(a) In General.--Section 70006 of title 46, United States
Code, is amended to read as follows:
``Sec. 70006. Anchorage grounds
``(a) Anchorage Grounds.--
``(1) Establishment.--The Secretary of the department in
which the Coast Guard is operating shall define and establish
anchorage grounds in the navigable waters of the United
States for vessels operating in such waters.
``(2) Relevant factors for establishment.--In carrying out
paragraph (1), the Secretary shall take into account all
relevant factors concerning navigational safety, protection
of the marine environment, proximity to undersea pipelines
and cables, safe and efficient use of Marine Transportation
System, and national security.
``(b) Vessel Requirements.--Vessels, of certain sizes or
type determined by the Secretary, shall--
``(1) set and maintain an anchor alarm for the duration of
an anchorage;
``(2) comply with any directions or orders issued by the
Captain of the Port; and
``(3) comply with any applicable anchorage regulations.
``(c) Prohibitions.--A vessel may not--
``(1) anchor in any Federal navigation channel unless
authorized or directed to by the Captain of the Port;
``(2) anchor in near proximity, within distances determined
by the Coast Guard, to an undersea pipeline or cable, unless
authorized or directed to by the Captain of the Port; and
``(3) anchor or remain anchored in an anchorage ground
during any period in which the Captain of the Port orders
closure of the anchorage ground due to inclement weather,
navigational hazard, a threat to the environment, or other
safety or security concern.
``(d) Safety Exception.--Nothing in this section shall be
construed to prevent a vessel from taking actions necessary
to maintain the safety of the vessel or to prevent the loss
of life or property.''.
(b) Regulatory Review.--
(1) Review required.--Not later than 1 year after the date
of enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall complete a review of
existing anchorage regulations and identify regulations that
may need modification--
(A) in the interest of marine safety, security, and
environmental concerns, taking into account undersea
pipelines, cables, or other infrastructure; and
(B) to implement the amendments made by this section.
(2) Briefing.--Upon completion of the review under
paragraph (1), but not later than 2 years after the date of
enactment of this Act, the Secretary shall provide a briefing
to the Committee on Commerce, Science, and Transportation of
the Senate and the Subcommittee on Coast Guard and Maritime
Transportation of the Committee on Transportation and
Infrastructure of the House of Representatives that
summarizes the review.
(c) Clerical Amendment.--The table of sections for chapter
700 of title 46, United States Code, is amended by striking
the item relating to section 70006 and inserting the
following:
``70006. Anchorage grounds.''.
(d) Applicability of Regulations.--The amendments made by
subsection (a) may not be construed to alter any existing
rules, regulations, or final agency actions issued under
section 70006 of title 46, United States Code, as in effect
on the day before the date of enactment of this Act until all
regulations required under subsection (b) take effect.
SEC. 503. AQUATIC NUISANCE SPECIES TASK FORCE.
(a) Recreational Vessel Defined.--Section 1003 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4702) is amended--
(1) by redesignating paragraphs (13) through (17) as
paragraphs (15) through (19), respectively; and
(2) by inserting after paragraph (12) the following:
``(13) `State' means each of the several States, the
District of Columbia, American Samoa, Guam, Puerto Rico, the
Northern Mariana Islands, and the Virgin Islands of the
United States;
``(14) `recreational vessel' has the meaning given that
term in section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362);''.
(b) Observers.--Section 1201 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721)
is amended by adding at the end the following:
``(g) Observers.--The chairpersons designated under
subsection (d) may invite representatives of nongovernmental
entities to participate as observers of the Task Force.''.
(c) Aquatic Nuisance Species Task Force.--Section 1201(b)
of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4721(b)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (10); and
(3) by inserting after paragraph (6) the following:
``(7) the Director of the National Park Service;
``(8) the Director of the Bureau of Land Management;
``(9) the Commissioner of Reclamation; and''.
(d) Aquatic Nuisance Species Program.--Section 1202 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4722) is amended--
(1) in subsection (e) by adding at the end the following:
``(4) Technical assistance and recommendations.--The Task
Force may provide technical assistance and recommendations
for best practices to an agency or entity engaged in vessel
inspections or decontaminations for the purpose of--
``(A) effectively managing and controlling the movement of
aquatic nuisance species into, within, or out of water of the
United States; and
``(B) inspecting recreational vessels in a manner that
minimizes disruptions to public access for boating and
recreation in non-contaminated vessels.
``(5) Consultation.--In carrying out paragraph (4),
including the development of recommendations, the Task Force
may consult with--
``(A) State fish and wildlife management agencies;
``(B) other State agencies that manage fishery resources of
the State or sustain fishery habitat; and
``(C) relevant nongovernmental entities.''; and
(2) in subsection (k) by adding at the end the following:
``(3) Not later than 90 days after the date of enactment of
the Don Young Coast Guard Authorization Act of 2022, the Task
Force shall submit a report to Congress recommending
legislative, programmatic, or regulatory changes to eliminate
remaining gaps in authorities between members of the Task
Force to effectively manage and control the movement of
aquatic nuisance species.''.
(e) Technical Corrections and Conforming Amendments.--The
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4701 et seq.) is further amended--
(1) in section 1002(b)(2), by inserting a comma after
``funded'';
(2) in section 1003, in paragraph (7), by striking
``Canandian'' and inserting ``Canadian'';
(3) in section 1203(a)--
(A) in paragraph (1)(F), by inserting ``and'' after
``research,''; and
(B) in paragraph (3), by striking ``encourage'' and
inserting ``encouraged'';
(4) in section 1204(b)(4), in the paragraph heading, by
striking ``Adminisrative'' and inserting ``Administrative'';
and
(5) in section 1209, by striking ``subsection (a)'' and
inserting ``section 1202(a)''.
[[Page H3912]]
SEC. 504. LIMITATION ON RECOVERY FOR CERTAIN INJURIES
INCURRED IN AQUACULTURE ACTIVITIES.
(a) In General.--Section 30104 of title 46, United States
Code, is amended--
(1) by inserting ``(a) In General.--'' before the first
sentence; and
(2) by adding at the end the following:
``(b) Limitation on Recovery by Aquaculture Workers.--
``(1) In general.--For purposes of subsection (a), the term
`seaman' does not include an individual who--
``(A) is an aquaculture worker if State workers'
compensation is available to such individual; and
``(B) was, at the time of injury, engaged in aquaculture in
a place where such individual had lawful access.
``(2) Aquaculture worker defined.--In this subsection, the
term `aquaculture worker' means an individual who--
``(A) is employed by a commercial enterprise that is
involved in the controlled cultivation and harvest of aquatic
plants and animals, including--
``(i) the cleaning, processing, or canning of fish and fish
products;
``(ii) the cultivation and harvesting of shellfish; and
``(iii) the controlled growing and harvesting of other
aquatic species;
``(B) does not hold a license issued under section 7101(c);
and
``(C) is not required to hold a merchant mariner credential
under part F of subtitle II.''.
(b) Applicability.--The amendments made by this section
shall apply to an injury incurred on or after the date of
enactment of this Act.
Subtitle B--Other Matters
SEC. 505. INFORMATION ON TYPE APPROVAL CERTIFICATES.
(a) In General.--Title IX of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by
adding at the end the following:
``SEC. 904. INFORMATION ON TYPE APPROVAL CERTIFICATES.
``The Commandant of the Coast Guard shall, upon request by
any State, the District of Columbia, or territory of the
United States, provide all data possessed by the Coast Guard
pertaining to challenge water quality characteristics,
challenge water biological organism concentrations, post-
treatment water quality characteristics, and post-treatment
biological organism concentrations data for a ballast water
management system with a type approval certificate approved
by the Coast Guard pursuant to subpart 162.060 of title 46,
Code of Federal Regulations.''.
(b) Clerical Amendment.--The table of contents for the
Frank LoBiondo Coast Guard Authorization Act of 2018 (Public
Law 115-282) is amended by inserting after the item relating
to section 903 the following:
``904. Information on type approval certificates.''.
SEC. 506. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.
Section 3507(k)(1) of title 46, United States Code, is
amended--
(1) in subparagraph (A) by striking ``at least 250'' and
inserting ``250 or more''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) has overnight accommodations for 250 or more
passengers; and''.
SEC. 507. CARGO WAITING TIME REDUCTION.
(a) Interagency Task Force.--The President shall, acting
through the Supply Chain Disruptions Task Force established
under Executive Order 14017 (relating to supply chains) of
February 24, 2021 (86 Fed. Reg. 11849) (hereinafter referred
to as the ``Task Force''), carry out the duties described in
subsection (c).
(b) Duties.--In carrying out this section, the Task Force
shall--
(1) evaluate and quantify the economic and environmental
impact of cargo backlogs;
(2) evaluate and quantify the costs incurred by each
Federal agency represented on the Task Force, and by State
and local governments, due to such cargo backlogs;
(3) evaluate the responses of each such Federal agency to
such cargo backlogs; and
(4) not later than 90 days after the date of enactment of
this Act--
(A) develop a plan to--
(i) significantly reduce or eliminate such cargo backlog;
and
(ii) reduce nationwide cargo processing delays, including
the Port of Los Angeles and the Port of Long Beach; and
(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report containing the plan developed under
subparagraph (A).
(c) Report of the Commandant.--No later than 90 days after
the date of enactment of this Act, the Commandant of the
Coast Guard shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on cargo backlogs that includes--
(1) an explanation of the extent to which vessels carrying
cargo are complying with the requirements of chapter 700 of
title 46, United States Code;
(2) the status of the investigation on the cause of the oil
spill that occurred in October 2021 on the waters over the
San Pedro Shelf related to an anchor strike, including the
expected date on which the Marine Casualty Investigation
Report with respect to such spill will be released; and
(3) with respect to such vessels, a summary of actions
taken or planned to be taken by the Commandant to--
(A) provide additional protections against oil spills
caused by anchor strikes; and
(B) address other safety concerns and environmental
impacts.
SEC. 508. LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL
RESPONSE CONTRACTS.
(a) In General.--Subject to subsections (b) and (c), a
contract for the containment or removal of a discharge
entered into by the President under section 311(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(c)) shall
contain a provision to indemnify a contractor for liabilities
and expenses incidental to the containment or removal arising
out of the performance of the contract that is substantially
identical to the terms contained in subsections (d) through
(h) of section H.4 (except for paragraph (1) of subsection
(d)) of the contract offered by the Coast Guard in the
solicitation numbered DTCG89-98- A-68F953, dated November 17,
1998.
(b) Requirements.--
(1) Source of funds.--The provision required under
subsection (a) shall include a provision that the obligation
to indemnify is limited to funds available in the Oil Spill
Liability Trust Fund established by section 9509(a) of the
Internal Revenue Code of 1986 at the time the claim for
indemnity is made.
(2) Uncompensated removal.--A claim for indemnity under a
contract described in subsection (a) shall be made as a claim
for uncompensated removal costs under section 1012(a)(4) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)).
(3) Limitation.--The total indemnity for a claim under a
contract described in subsection (a) may not be more than
$50,000 per incident.
(c) Applicability of Exemptions.--Notwithstanding
subsection (a), the United States shall not be obligated to
indemnify a contractor for any act or omission of the
contractor carried out pursuant to a contract entered into
under this section where such act or omission is grossly
negligent or which constitutes willful misconduct.
SEC. 509. PORT COORDINATION COUNCIL FOR POINT SPENCER.
Section 541 of the Coast Guard Authorization Act of 2016
(Public Law 114-120) is amended--
(1) in subsection (b) by striking paragraphs (1) and (2)
and inserting the following:
``(1) BSNC (to serve as Council Chair).
``(2) The Secretary of Homeland Security.
``(3) An Oil Spill Response Organization that serves the
area in which such Port is located.
``(4) The State.'';
(2) in subsection (c)(1)--
(A) in subparagraph (B) by adding ``and'' at the end; and
(B) by striking subparagraphs (C) and (D) and inserting the
following:
``(C) land use planning and development at Point Spencer in
support of the following activities within the Bearing Sea,
the Chukchi Sea, and the Arctic Ocean:
``(i) Search and rescue.
``(ii) Shipping safety.
``(iii) Economic development.
``(iv) Oil spill prevention and response.
``(v) National security.
``(vi) Major marine casualties.
``(vii) Protection of Alaska Native archaeological and
cultural resources.
``(viii) Port of refuge, arctic research, and maritime law
enforcement.'';
(3) by amending subsection (c)(3) to read as follows:
``(3) Facilitate coordination among members of the Council
on the development and use of the land and coastline of Point
Spencer, as such development and use relate to activities of
the Council at the Port of Point Spencer.''; and
(4) in subsection (e)--
(A) by striking ``Operations and management costs'' and
inserting the following:
``(1) Determination of costs.--Operations and management
costs''; and
(B) by adding at the end the following:
``(2) Funding.--To facilitate the mooring buoy system in
Port Clarence and to assist the Council in the development of
other oil spill prevention and response infrastructure,
including reactivating the airstrip at Point Spencer with
appropriate technology and safety equipment in support of
response operations, there is authorized to be made available
$5,000,000 for each of fiscal years 2023 through 2025 from
the interest generated from the Oil Spill Liability Trust
Fund.''.
SEC. 510. WESTERN ALASKA OIL SPILL PLANNING CRITERIA.
(a) Western Alaska Oil Spill Planning Criteria.--Section
311(j)(5) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)(5)) is amended by adding at the end the
following:
``(J)(i) Except as provided in clause (iv) (including with
respect to Cook Inlet), in any case in which the Secretary
has determined that the national planning criteria
established pursuant to this subsection are inappropriate for
a vessel operating in the area of responsibility of the
Western Alaska Captain of the Port Zone, a response plan
required under this paragraph with respect to a discharge of
oil for the vessel shall comply with the planning criteria
established under clause (ii), which planning criteria shall,
with respect to a discharge of oil from the
[[Page H3913]]
vessel, apply in lieu of any alternative planning criteria
approved for vessels operating in such area.
``(ii) The President shall establish planning criteria for
a worst case discharge of oil, and a substantial threat of
such a discharge, within the area of responsibility of
Western Alaska Captain of the Port Zone, including planning
criteria for the following:
``(I) Oil spill response resources that are required to be
located within such area.
``(II) Response times for mobilization of oil spill
response resources and arrival on the scene of a worst case
discharge of oil, or substantial threat of such a discharge,
occurring within such area.
``(III) Pre-identified vessels for oil spill response that
are capable of operating in the ocean environment and
required to be located within such area.
``(IV) Real-time continuous vessel tracking, monitoring,
and engagement protocols that detect and address vessel
operation anomalies.
``(V) Vessel routing measures consistent with international
routing measure deviation protocols.
``(VI) Ensuring the availability of at least one oil spill
removal organization that is classified by the Coast Guard
and that--
``(aa) is capable of responding in all operating
environments in such area;
``(bb) controls oil spill response resources of dedicated
and nondedicated resources within such area, through
ownership, contracts, agreements, or other means approved by
the President, sufficient to mobilize and sustain a response
to a worst case discharge of oil and to contain, recover, and
temporarily store discharged oil; and
``(cc) has pre-positioned oil spill response resources in
strategic locations throughout such area in a manner that
ensures the ability to support response personnel, marine
operations, air cargo, or other related logistics
infrastructure.
``(VII) Temporary storage capability using both dedicated
and non-dedicated assets located within such area.
``(VIII) Non-mechanical oil spill response resources, to be
available under contracts, agreements, or other means
approved by the President, capable of responding to both a
discharge of persistent oil and a discharge of non-persistent
oil, whether the discharged oil was carried by a vessel as
fuel or cargo.
``(IX) With respect to tank barges carrying non-persistent
oil in bulk as cargo, oil spill response resources that are
required to be carried on board.
``(X) Ensuring that oil spill response resources required
to comply with this subparagraph are separate from and in
addition to resources otherwise required to be included in a
response plan for purposes of compliance with salvage and
marine firefighting planning requirements under this
subsection.
``(XI) Specifying a minimum length of time that approval of
a response plan under this subparagraph is valid.
``(XII) Ensuring compliance with requirements for the
preparation and submission of vessel response plans
established by regulations pursuant to this paragraph.
``(iii) The President may approve a response plan for a
vessel under this subparagraph only if the owner or operator
of the vessel demonstrates the availability of the oil spill
response resources required to be included in the response
plan under the planning criteria established under clause
(ii).
``(iv) Nothing in this subparagraph affects--
``(I) the requirements under this subsection applicable to
vessel response plans for vessels operating within the area
of responsibility of the Western Alaska Captain of the Port
Zone within Cook Inlet, Alaska;
``(II) the requirements applicable to tank vessels
operating within Prince William Sound Captain of the Port
Zone that are subject to section 5005 of the Oil Pollution
Act of 1990 (33 U.S.C. 2735); or
``(III) the authority of a Federal On-Scene Coordinator to
use any available resources when responding to an oil spill.
``(v) The Secretary shall review any determination that the
national planning criteria are inappropriate for a vessel
operating in the area of responsibility of Western Alaska
Captain of the Port Zone not less frequently than once every
five years.
``(vi) For purposes of this subparagraph, the term `Western
Alaska Captain of the Port Zone' means the area described in
section 3.85-15 of title 33, Code of Federal Regulations, as
in effect on the date of enactment of this subparagraph.''.
(b) Establishment of Alaska Oil Spill Planning Criteria.--
(1) Deadline.--Not later than 2 years after the date of
enactment of this Act, the President shall establish the
planning criteria required to be established under
subparagraph (J) of section 311(j)(5) of the Federal Water
Pollution Control Act of (33 U.S.C. 1321(j)(5)), as added by
this section.
(2) Consultation.--In establishing such planning criteria,
the President shall consult with the State of Alaska, owners
and operators of vessels subject to such planning criteria,
oil spill removal organizations, Alaska Native organizations,
and environmental nongovernmental organizations located
within the State of Alaska.
(3) Vessels in cook inlet.--Unless otherwise authorized by
the Secretary of the department in which the Coast Guard, a
vessel may only operate in Cook Inlet, Alaska, under a vessel
response plan that meets the requirements of the national
planning criteria established pursuant to section 311(j)(5)
of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)(5)).
(c) Congressional Report.--Not later than one year after
the date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall submit
to Congress a report regarding the status of implementing the
requirements of subparagraph (J) of section 311(j)(5) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)),
as added by this section.
SEC. 511. NONAPPLICABILITY.
Requirements under sections 3507(d), 3507(e), 3508, and
3509 of title 46, United States Code, shall not apply to the
passenger vessel American Queen (U.S. Coast Guard Official
Number 1030765) or any other passenger vessel--
(1) on which construction identifiable with the specific
vessel begins prior to the date of enactment of this Act; and
(2) to which sections 3507 and 3508 would otherwise apply
when such vessels are operating inside the boundary line.
SEC. 512. REPORT ON ENFORCEMENT OF COASTWISE LAWS.
The Commandant of the Coast Guard shall submit to Congress
a report describing any changes to the enforcement of
chapters 121 and 551 of title 46, United States Code, as a
result of the amendments to section 4(a)(1) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1333(a)(1)) made by
section 9503 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283).
SEC. 513. LAND CONVEYANCE, SHARPE ARMY DEPOT, LATHROP,
CALIFORNIA.
Not later than 1 year after the date of enactment of this
Act, the Administrator of the Maritime Administration shall
complete the land conveyance required under section 2833 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
SEC. 514. CENTER OF EXPERTISE FOR MARINE ENVIRONMENTAL
RESPONSE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Commandant of the Coast Guard, in
consultation with the Administrator of the National Oceanic
and Atmospheric Administration, shall establish a Center of
Expertise for Marine Environmental Response (referred to in
this section as the ``Center of Expertise'') in accordance
with section 313 of title 14, United States Code.
(b) Location.--The Center of Expertise shall be located in
close proximity to--
(1) an area of the country with quick access to State,
Federal, and international waters, port and marine
environments, coastal and estuary environments, and the
intercoastal waterway;
(2) multiple Coast Guard sea and air stations;
(3) multiple Federal agencies that are engaged in coastal
and fisheries management;
(4) one or more designated national estuaries;
(5) State coastal and wildlife management agencies; and
(6) an institution of higher education with adequate marine
science search laboratory facilities and capabilities and
expertise in coastal marine ecology, ecosystems,
environmental chemistry, fish and wildlife management,
coastal mapping, water resources, and marine technology
development.
(c) Functions.--The Center of Expertise shall--
(1) monitor and assess, on an ongoing basis, the state of
knowledge regarding training, education, and technology
development for marine environmental response protocols in
State, Federal, and international waters, port and marine
environments, coastal and estuary environments, and the
intercoastal waterway;
(2) identify any significant gaps in research related to
marine environmental response protocols, including an
assessment of major scientific or technological deficiencies
in responses to past incidents in these waterways that are
interconnected, and seek to fill such gaps;
(3) conduct research, development, testing, and evaluation
for marine environmental response equipment, technologies,
and techniques to mitigate and respond to environmental
incidents in these waterways;
(4) educate and train Federal, State, and local first
responders in--
(A) the incident command system structure;
(B) marine environmental response techniques and
strategies; and
(C) public affairs; and
(5) work with academic and private sector response training
centers to develop and standardize marine environmental
response training and techniques.
(d) Marine Environmental Response Defined.--In this
section, the term ``marine environmental response'' means any
response to incidents that--
(1) impacts--
(A) the marine environment of State, Federal or
international waterways;
(B) port and marine environments;
(C) coastal and estuary environments; or
(D) the intercoastal waterway; and
(2) promotes--
(A) the protection and conservation of the marine
environment;
(B) the health of fish, animal populations, and endangered
species; and
(C) the resilience of coastal ecosystems and
infrastructure.
[[Page H3914]]
SEC. 515. PROHIBITION ON ENTRY AND OPERATION.
(a) Prohibition.--
(1) In general.--Except as otherwise provided in this
section, during the period in which Executive Order 14065 (87
Fed. Reg. 10293, relating to blocking certain Russian
property or transactions), or any successor Executive Order
is in effect, no vessel described in subsection (b) may enter
or operate in the navigable waters of the United States or
transfer cargo in any port or place under the jurisdiction of
the United States.
(2) Limitations on application.----
(A) In general.--The prohibition under paragraph (1) shall
not apply with respect to vessel described in subsection (b)
if the Secretary of State determines that--
(i) the vessel is owned or operated by a Russian national
or operated by the government of the Russian Federation; and
(ii) it is in the national security interest not to apply
the prohibition to such vessel.
(B) Notice.--Not later than 15 days after making a
determination under subparagraph (A), the Secretary of State
shall submit to the Committee on Foreign Affairs and the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Foreign Relations and
the Committee on Commerce, Science, and Transportation of the
Senate written notice of the determination and the basis upon
which the determination was made.
(C) Publication.--The Secretary of State shall publish a
notice in the Federal Register of each determination made
under subparagraph (A).
(b) Vessels Described.--A vessel referred to in subsection
(a) is a vessel owned or operated by a Russian national or
operated by the government of the Russian Federation.
(c) Information and Publication.--The Secretary of the
department in which the Coast Guard is operating, with the
concurrence of the Secretary of State, shall--
(1) maintain timely information on the registrations of all
foreign vessels owned or operated by or on behalf of the
Government of the Russian Federation, a Russian national, or
a entity organized under the laws of the Russian Federation
or any jurisdiction within the Russian Federation; and
(2) periodically publish in the Federal Register a list of
the vessels described in paragraph (1).
(d) Notification of Governments.--
(1) In general.--The Secretary of State shall notify each
government, the agents or instrumentalities of which are
maintaining a registration of a foreign vessel that is
included on a list published under subsection (c)(2), not
later than 30 days after such publication, that all vessels
registered under such government's authority are subject to
subsection (a).
(2) Additional notification.--In the case of a government
that continues to maintain a registration for a vessel that
is included on such list after receiving an initial
notification under paragraph (1), the Secretary shall issue
an additional notification to such government not later than
120 days after the publication of a list under subsection
(c)(2).
(e) Notification of Vessels.--Upon receiving a notice of
arrival under section 70001(a)(5) of title 46, United States
Code, from a vessel described in subsection (b), the
Secretary of the department in which the Coast Guard is
operating shall notify the master of such vessel that the
vessel may not enter or operate in the navigable waters of
the United States or transfer cargo in any port or place
under the jurisdiction of the United States, unless--
(1) the Secretary of State has made a determination under
subsection (a)(2); or
(2) the Secretary of the department in which the Coast
Guard is operating allows provisional entry of the vessel, or
transfer of cargo from the vessel, under subsection (f).
(f) Provisional Entry or Cargo Transfer.--Notwithstanding
any other provision of this section, the Secretary of the
department in which the Coast Guard is operating may allow
provisional entry of, or transfer of cargo from, a vessel, if
such entry or transfer is necessary for the safety of the
vessel or persons aboard.
SEC. 516. ST. LUCIE RIVER RAILROAD BRIDGE.
The Commandant of the Coast Guard shall take such actions
as are necessary to implement any recommendations for the St.
Lucie River railroad bridge made by the Coast Guard in the
document titled ``Waterways Analysis and Management System
for Intracoastal Waterway Miles 925-1005 (WAMS #07301)''
published by Coast Guard Sector Miami in 2018.
SEC. 517. ASSISTANCE RELATED TO MARINE MAMMALS.
(a) Maritime Environmental and Technical Assistance
Program.--Section 50307(b) of title 46, United States Code,
is amended--
(1) in paragraph (1)(D) by striking ``and'' at the end;
(2) in paragraph (2) by striking the period and insert ``;
and''; and
(3) by adding at the end the following:
``(3) technologies that quantifiably reduce underwater
noise from marine vessels, including noise produced
incidental to the propulsion of marine vessels.''.
(b) Assistance to Reduce Impacts of Vessel Strikes and
Noise on Marine Mammals.--
(1) In general.--Chapter 541 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 54102. Assistance to reduce impacts of vessel strikes
and noise on marine mammals
``(a) In General.--The Administrator of the Maritime
Administration, in coordination with the Secretary of the
department in which the Coast Guard is operating, may make
grants to, or enter into contracts or cooperative agreements
with, academic, public, private, and nongovernmental entities
to develop and implement mitigation measures that will lead
to a quantifiable reduction in--
``(1) impacts to marine mammals from vessels; and
``(2) underwater noise from vessels, including noise
produced incidental to the propulsion of vessels.
``(b) Eligible Use.--Assistance under this section may be
used to develop, assess, and carry out activities that reduce
threats to marine mammals by--
``(1) reducing--
``(A) stressors related to vessel traffic; and
``(B) vessel strike mortality, and serious injury; or
``(2) monitoring--
``(A) sound; and
``(B) vessel interactions with marine mammals.
``(c) Priority.--The Administrator shall prioritize
assistance under this section for projects that--
``(1) is based on the best available science on methods to
reduce threats related to vessels traffic;
``(2) collect data on the reduction of such threats;
``(3) reduce--
``(A) disturbances from vessel presence;
``(B) mortality risk; or
``(C) serious injury from vessel strikes; or
``(4) conduct risk assessments, or tracks progress toward
threat reduction.
``(d) Briefing.--The Administrator shall provide to the
Committee on Transportation and Infrastructure of the House
of Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate, an annual briefing that
includes the following:
``(1) The name and location of each entity receiving a
grant under this section.
``(2) The amount of each such grant.
``(3) A description of the activities carried out with
assistance provided under this section.
``(4) An estimate of the impact that a project carried out
with such assistance has on the reduction of threats to
marine mammals.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section $10,000,000 for each of fiscal years 2022 through
2026, to remain available until expended.''.
(2) Clerical amendment.--The analysis for chapter 541 of
title 46, United States Code, is amended by adding at the end
the following:
``54102. Assistance to reduce impacts of vessel strikes and noise on
marine mammals.''.
(c) Near Real-time Monitoring and Mitigation Program for
Large Whales.--
(1) In general.--Part of A of subtitle V of title 46,
United States Code, is amended by adding at the end the
following:
``CHAPTER 507--MONITORING AND MITIGATION
``Sec.
``50701. Near real-time monitoring and mitigation program for large
whales.
``50702. Pilot project.
``Sec. 50701. Near real-time monitoring and mitigation
program for large whales
``(a) Establishment.--The Administrator of the Maritime
Administration, in consultation with the Commandant of the
Coast Guard, shall design and deploy a near real-time large
whale monitoring and mitigation program (in this section
referred to as the Program) informed by the technologies,
monitoring methods, and mitigation protocols developed
pursuant to the pilot program required under section 50702.
``(b) Purpose.--The purpose of the Program will be to
reduce the risk to large whales of vessel collisions and to
minimize other impacts.
``(c) Requirements.--In designing and deploying the
Program, the Administrator shall--
``(1) prioritize species of large whales for which vessel
collision impacts are of particular concern;
``(2) prioritize areas where such vessel impacts are of
particular concern;
``(3) develop technologies capable of detecting and
alerting individuals and enforcement agencies of the probable
location of large whales on a near real-time basis, to
include real time data whenever possible;
``(4) inform sector-specific mitigation protocols to
effectively reduce takes of large whales; and
``(5) integrate technology improvements as such
improvements become available.
``(d) Authority.--The Administrator may make grants or
enter into and contracts, leases, or cooperative agreements
as may be necessary to carry out the purposes of this section
on such terms as the Administrator considers appropriate,
consistent with Federal acquisition regulations.
``Sec. 50702. Pilot project
``(a) Establishment.--The Administrator of the Maritime
Administration shall carry out a pilot monitoring and
mitigation project for North Atlantic right whales (in this
section referred to as the `Pilot Program') for purposes of
informing a cost-effective, efficient, and results-oriented
near real-
[[Page H3915]]
time monitoring and mitigation program for large whales under
50701.
``(b) Pilot Project Requirements.--In carrying out the
pilot program, the Administrator, in coordination with the
Commandant of the Coast Guard, using best available
scientific information, shall identify and ensure coverage
of--
``(1) core foraging habitats of North Atlantic right
whales, including--
``(A) the South of the Islands core foraging habitat;
``(B) the Cape Cod Bay Area core foraging habitat;
``(C) the Great South Channel core foraging habitat; and
``(D) the Gulf of Maine; and
``(2) important feeding, breeding, calving, rearing, or
migratory habitats of North Atlantic right whales that co-
occur with areas of high risk of mortality, serious injury,
or other impacts to such whales, including from vessels or
vessel strikes.
``(c) Pilot Project Components.--
``(1) In general.--Not later than 3 years after the date of
enactment of the Don Young Coast Guard Authorization Act of
2022, the Administrator, in consultation with the Commandant,
Tribal governments, and with input from affected
stakeholders, shall design and deploy a near real-time
monitoring system for North Atlantic right whales that--
``(A) comprises the best available detection and survey
technologies to detect North Atlantic right whales within
core foraging habitats;
``(B) uses dynamic habitat suitability models to inform the
likelihood of North Atlantic right whale occurrence in core
foraging habitat at any given time;
``(C) coordinates with the Integrated Ocean Observing
System and Coast Guard vessel traffic service centers, and
may coordinate with Regional Ocean Partnerships to leverage
monitoring assets;
``(D) integrates historical data;
``(E) integrates new near real-time monitoring methods and
technologies as they become available;
``(F) accurately verifies and rapidly communicates
detection data;
``(G) creates standards for allowing ocean users to
contribute data to the monitoring system using comparable
near real-time monitoring methods and technologies; and
``(H) communicates the risks of injury to large whales to
ocean users in a way that is most likely to result in
informed decision making regarding the mitigation of those
risks.
``(2) National security considerations.--All monitoring
methods, technologies, and protocols under this section shall
be consistent with national security considerations and
interests.
``(3) Access to data.--The Administrator shall provide
access to data generated by the monitoring system deployed
under paragraph (1) for purposes of scientific research and
evaluation, and public awareness and education, including
through the NOAA Right Whale Sighting Advisory System and
WhaleMap or other successive public web portals, subject to
review for national security considerations.
``(d) Mitigation Protocols.--The Administrator, in
consultation with the Commandant, and with input from
affected stakeholders, develop and deploy mitigation
protocols that make use of the near real-time monitoring
system deployed under subsection (c) to direct sector-
specific mitigation measures that avoid and significantly
reduce risk of serious injury and mortality to North Atlantic
right whales.
``(e) Reporting.--
``(1) Preliminary report.--Not later than 2 years after the
date of the enactment of the Don Young Coast Guard
Authorization Act of 2022, the Administrator, in consultation
with the Commandant, shall submit to the appropriate
Congressional Committees and make available to the public a
preliminary report which shall include--
``(A) a description of the monitoring methods and
technology in use or planned for deployment;
``(B) analyses of the efficacy of the methods and
technology in use or planned for deployment for detecting
North Atlantic right whales;
``(C) how the monitoring system is directly informing and
improving North American right whale management, health, and
survival;
``(D) a prioritized identification of technology or
research gaps;
``(E) a plan to communicate the risks of injury to large
whales to ocean users in a way that is most likely to result
in informed decision making regarding the mitigation of those
risks; and
``(F) additional information, as appropriate.
``(2) Final report.--Not later than 6 years after the date
of the enactment of the Don Young Coast Guard Authorization
Act of 2022, the Administrator, in consultation with the
Commandant, shall submit to the appropriate congressional
committees and make available to the public a final report,
addressing the components in subparagraph (A) and including--
``(A) an assessment of the benefits and efficacy of the
near real-time monitoring and mitigation program;
``(B) a strategic plan to expand the pilot program to
provide near real-time monitoring and mitigation measures;
``(i) to additional large whale species of concern for
which such measures would reduce risk of serious injury or
death; and
``(ii) in important feeding, breeding, calving, rearing, or
migratory habitats of whales that co-occur with areas of high
risk of mortality or serious injury of such whales from
vessel strikes or disturbance;
``(C) a prioritized plan for acquisition, deployment, and
maintenance of monitoring technologies;
``(D) the locations or species for which the plan would
apply; and
``(E) a budget and description of funds necessary to carry
out the strategic plan.
``(f) Additional Authority.--The Administrator may make
grants enter into contracts, leases, or cooperative
agreements as may be necessary to carry out the purposes of
this section on such terms as the Administrator considers
appropriate, consistent with Federal acquisition regulations.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section $17,000,000 for each of fiscal years 2022 through
2026.
``(h) Definitions.--In this section and section 50701:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(2) Core foraging habitats.--The term `core foraging
habitats' means areas with biological and physical
oceanographic features that aggregate Calanus finmarchicus
and where North Atlantic right whales foraging aggregations
have been well documented.
``(3) Near real-time.--The term `near real-time' means
detected activity that is visual, acoustic, or in any other
form, of North Atlantic right whales that are transmitted and
reported as soon as technically feasible after such detected
activity has occurred.
``(4) Large whale.--The term `large whale' means all
Mysticeti species and species within the genera Physeter and
Orcinus.''.
(2) Clerical amendment.--The table of chapters for subtitle
V of title 46, United States Code is amended by adding after
the item related to chapter 505 the following:
``507. Monitoring and Mitigation...........................50701''.....
SEC. 518. MANNING AND CREWING REQUIREMENTS FOR CERTAIN
VESSELS, VEHICLES, AND STRUCTURES.
(a) Authorization of Limited Exemptions From Manning and
Crew Requirement.--Chapter 81 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 8108. Exemptions from manning and crew requirements
``(a) In General.--The Secretary may provide an exemption
described in subsection (b) to the owner or operator of a
covered facility if each individual who is manning or crewing
the covered facility is--
``(1) a citizen of the United States;
``(2) an alien lawfully admitted to the United States for
permanent residence; or
``(3) a citizen of the nation under the laws of which the
vessel is documented.
``(b) Requirements for Eligibility for Exemption.--An
exemption under this subsection is an exemption from the
regulations established pursuant to section 30(a)(3) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1356(a)(3)).
``(c) Limitations.--An exemption under this section--
``(1) shall provide that the number of individuals manning
or crewing the covered facility who are described in
paragraphs (2) and (3) of subsection (a) may not exceed two
and one- half times the number of individuals required to man
or crew the covered facility under the laws of the nation
under the laws of which the covered facility is documented;
and
``(2) shall be effective for not more than 12 months, but
may be renewed by application to and approval by the
Secretary.
``(d) Application.--To be eligible for an exemption or a
renewal of an exemption under this section, the owner or
operator of a covered facility shall apply to the Secretary
with an application that includes a sworn statement by the
applicant of all information required for the issuance of the
exemption.
``(e) Revocation.--
``(1) In general.--The Secretary--
``(A) may revoke an exemption for a covered facility under
this section if the Secretary determines that information
provided in the application for the exemption was false or
incomplete, or is no longer true or complete; and
``(B) shall immediately revoke such an exemption if the
Secretary determines that the covered facility, in the
effective period of the exemption, was manned or crewed in a
manner not authorized by the exemption.
``(2) Notice required.--The Secretary shall provides notice
of a determination under subparagraph (A) or (B) of paragraph
(1) to the owner or operator of the covered facility.
``(f) Review of Compliance.--The Secretary shall
periodically, but not less than once annually, inspect each
covered facility that operates under an exemption under this
section to verify the owner or operator of the covered
facility's compliance with the exemption. During an
inspection under this subsection, the Secretary shall require
all crew members serving under the exemption to hold a valid
transportation security card issued under section 70105.
``(g) Penalty.--In addition to revocation under subsection
(e), the Secretary may impose on the owner or operator of a
covered
[[Page H3916]]
facility a civil penalty of $10,000 per day for each day the
covered facility--
``(1) is manned or crewed in violation of an exemption
under this subsection; or
``(2) operated under an exemption under this subsection
that the Secretary determines was not validly obtained.
``(h) Notification of Secretary of State.--The Secretary
shall notify the Secretary of State of each exemption issued
under this section, including the effective period of the
exemption.
``(i) Definitions.--In this section:
``(1) Covered facility.--The term `covered facility' means
any vessel, rig, platform, or other vehicle or structure,
over 50 percent of which is owned by citizens of a foreign
nation or with respect to which the citizens of a foreign
nation have the right effectively to control, except to the
extent and to the degree that the President determines that
the government of such foreign nation or any of its political
subdivisions has implemented, by statute, regulation, policy,
or practice, a national manning requirement for equipment
engaged in the exploring for, developing, or producing
resources, including non-mineral energy resources in its
offshore areas.
``(2) Secretary.--The term `Secretary' means the Secretary
of the department in which the Coast Guard is operating.''.
(b) Annual Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report containing information on
each letter of nonapplicability of section 8109 of title 46,
United States Code, with respect to a covered facility that
was issued by the Secretary during the preceding year.
(2) Contents.--The report under paragraph (1) shall
include, for each covered facility--
(A) the name and International Maritime Organization
number;
(B) the nation in which the covered facility is documented;
(C) the nationality of owner or owners; and
(D) for any covered facility that was previously issued a
letter of nonapplicability in a prior year, any changes in
the information described in subparagraphs (A) through (C).
(c) Regulations.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall promulgate
regulations that specify the documentary and other
requirements for the issuance of an exemption under the
amendment made by this section.
(d) Existing Exemptions.--
(1) Effect of amendments; termination.--Each exemption
under section 30(c)(2) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1356(c)(2)) issued before the date of the
enactment of this Act--
(A) shall not be affected by the amendments made by this
section during the 120-day period beginning on the date of
the enactment of this Act; and
(B) shall not be effective after such period.
(2) Notification of holders.--Not later than 60 days after
the date of the enactment of this Act, the Secretary shall
notify all persons that hold such an exemption that it will
expire as provided in paragraph (1).
(e) Clerical Amendment.--The analysis for chapter 81 of the
title 46, United States Code, is amended by adding at the end
the following:
``8108. Exemptions from manning and crew requirements.''.
TITLE VI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
SEC. 601. DEFINITIONS.
(a) In General.--Section 2101 of title 46, United States
Code, is amended--
(1) by redesignating paragraphs (45) through (54) as
paragraphs (47) through (56), respectively; and
(2) by inserting after paragraph (44) the following:
``(45) `sexual assault' means any form of abuse or contact
as defined in chapter 109A of title 18, or a substantially
similar State, local, or Tribal offense.
``(46) `sexual harassment' means--
``(A) conduct that--
``(i) involves unwelcome sexual advances, requests for
sexual favors, or deliberate or repeated offensive comments
or gestures of a sexual nature if any--
``(I) submission to such conduct is made either explicitly
or implicitly a term or condition of employment, pay, career,
benefits, or entitlements of the individual;
``(II) submission to, or rejection, of such conduct by an
individual is used as a basis for decisions affecting that
individual's job, pay, career, benefits, or entitlements;
``(III) such conduct has the purpose or effect of
unreasonably interfering with an individual's work
performance or creates an intimidating, hostile, or offensive
work environment; or
``(IV) conduct may have been by an individual's supervisor,
a supervisor in another area, a co-worker, or another
credentialed mariner; and
``(ii) is so severe or pervasive that a reasonable person
would perceive, and the victim does perceive, the environment
as hostile or offensive;
``(B) any use or condonation associated with first-hand or
personal knowledge, by any individual in a supervisory or
command position, of any form of sexual behavior to control,
influence, or affect the career, pay, benefits, entitlements,
or employment of a subordinate; and
``(C) any deliberate or repeated unwelcome verbal comment
or gesture of a sexual nature by any fellow employee of the
complainant.''.
(b) Report.--The Commandant of the Coast Guard shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report describing
any changes the Commandant may propose to the definitions
added by the amendments in subsection (a).
SEC. 602. CONVICTED SEX OFFENDER AS GROUNDS FOR DENIAL.
(a) In General.--Chapter 75 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 7511. Convicted sex offender as grounds for denial
``(a) Sexual Abuse.--A license, certificate of registry, or
merchant mariner's document authorized to be issued under
this part shall be denied to an individual who has been
convicted of a sexual offense prohibited under chapter 109A
of title 18, except for subsection (b) of section 2244 of
title 18, or a substantially similar State, local, or Tribal
offense.
``(b) Abusive Sexual Contact.--A license, certificate of
registry, or merchant mariner's document authorized to be
issued under this part may be denied to an individual who
within 5 years before applying for the license, certificate,
or document, has been convicted of a sexual offense
prohibited under subsection (b) of section 2244 of title 18,
or a substantially similar State, local, or Tribal
offense.''.
(b) Clerical Amendment.--The analysis for chapter 75 of
title 46, United States Code, is amended by adding at the end
the following:
``7511. Convicted sex offender as grounds for denial.''.
SEC. 603. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR
SUSPENSION OR REVOCATION.
(a) In General.--Chapter 77 of title 46, United States
Code, is amended by inserting after section 7704 the
following:
``Sec. 7704a. Sexual harassment or sexual assault as grounds
for suspension or revocation
``(a) Sexual Harassment.--If it is shown at a hearing under
this chapter that a holder of a license, certificate of
registry, or merchant mariner's document issued under this
part, within 5 years before the beginning of the suspension
and revocation proceedings, is the subject of an official
finding of sexual harassment, then the license, certificate
of registry, or merchant mariner's document may be suspended
or revoked.
``(b) Sexual Assault.--If it is shown at a hearing under
this chapter that a holder of a license, certificate of
registry, or merchant mariner's document issued under this
part, within 10 years before the beginning of the suspension
and revocation proceedings, is the subject of an official
finding of sexual assault, then the license, certificate of
registry, or merchant mariner's document shall be revoked.
``(c) Official Finding.--
``(1) In general.--In this section, the term `official
finding' means--
``(A) a legal proceeding or agency finding or decision that
determines the individual committed sexual harassment or
sexual assault in violation of any Federal, State, local, or
Tribal law or regulation; or
``(B) a determination after an investigation by the Coast
Guard that, by a preponderance of the evidence, the
individual committed sexual harassment or sexual assault if
the investigation affords appropriate due process rights to
the subject of the investigation.
``(2) Investigation by the coast guard.--An investigation
by the Coast Guard under paragraph (1)(B) shall include, at a
minimum, evaluation of the following materials that, upon
request, shall be provided to the Coast Guard:
``(A) Any inquiry or determination made by the employer or
former employer of the individual as to whether the
individual committed sexual harassment or sexual assault.
``(B) Any investigative materials, documents, records, or
files in the possession of an employer or former employer of
the individual that are related to the claim of sexual
harassment or sexual assault by the individual.
``(3) Administrative law judge review.--
``(A) Coast guard investigation.--A determination under
paragraph (1)(B) shall be reviewed and affirmed by an
administrative law judge within the same proceeding as any
suspension or revocation of a license, certificate of
registry, or merchant mariner's document under subsection (a)
or (b).
``(B) Legal proceeding.--A determination under paragraph
(1)(A) that an individual committed sexual harassment or
sexual assault is conclusive in suspension and revocation
proceedings.''.
(b) Clerical Amendment.--The chapter analysis of chapter 77
of title 46, United States Code, is amended by inserting
after the item relating to section 7704 the following:
``7704a. Sexual harassment or sexual assault as grounds for suspension
or revocation.''.
SEC. 604. ACCOMMODATION; NOTICES.
Section 11101 of title 46, United States Code, is amended--
(1) in subsection (a)(3), by striking ``and'' at the end;
(2) in subsection (a)(4), by striking the period at the end
and inserting ``; and'';
(3) in subsection (a), by adding at the end the following:
[[Page H3917]]
``(5) each crew berthing area shall be equipped with
information regarding--
``(A) vessel owner or company policies prohibiting sexual
assault and sexual harassment, retaliation, and drug and
alcohol usage; and
``(B) procedures and resources to report crimes, including
sexual assault and sexual harassment, including information--
``(i) on the contact information, website address, and
mobile application to the Coast Guard Investigative Services
for reporting of crimes and the Coast Guard National Command
Center;
``(ii) on vessel owner or company procedures to report
violations of company policy and access resources;
``(iii) on resources provided by outside organizations such
as sexual assault hotlines and counseling;
``(iv) on the retention period for surveillance video
recording after an incident of sexual harassment or sexual
assault is reported; and
``(v) additional items specified in regulations issued by,
and at the discretion of, the Secretary of the department in
which the Coast Guard is operating.''; and
(4) in subsection (d), by adding at the end the following:
``In each washing space in a visible location there shall be
information regarding procedures and resources to report
crimes upon the vessel, including sexual assault and sexual
harassment, and vessel owner or company policies prohibiting
sexual assault and sexual harassment, retaliation, and drug
and alcohol usage.''.
SEC. 605. PROTECTION AGAINST DISCRIMINATION.
Section 2114(a)(1) of title 46, United States Code, is
amended--
(1) by redesignating subparagraphs (B) through (G) as
subparagraphs (C) through (H), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) the seaman in good faith has reported or is about to
report to the vessel owner, Coast Guard or other appropriate
Federal agency or department sexual harassment or sexual
assault against the seaman or knowledge of sexual harassment
or sexual assault against another seaman;''.
SEC. 606. ALCOHOL PROHIBITION.
(a) Regulations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall, taking into account
the safety and security of every individual on documented
vessels, issue such regulations as are necessary relating to
alcohol consumption on documented vessels, according to the
following requirements:
(A) The Secretary shall determine safe levels of alcohol
consumption by crewmembers aboard documented vessels engaged
in commercial service.
(B) If the Secretary determines there is no alcohol policy
that can be implemented to ensure a safe environment for crew
and passengers, the Secretary shall implement a prohibition
on possession and consumption of alcohol by crewmembers while
aboard a vessel, except when possession is associated with
the commercial sale or gift to non-crew members aboard the
vessel.
(C) To the extent a policy establishes safe levels of
alcohol consumption in accordance with subparagraph (A), such
policy shall not supersede a vessel owner's discretion to
further limit or prohibit alcohol on its vessels.
(2) Immunity from civil liability.--Any crewmember who
reports an incident of sexual assault or sexual harassment
that is directly related to a violation of the regulations
issued under paragraph (1) is immune from civil liability for
any related violation of such regulations.
SEC. 607. SURVEILLANCE REQUIREMENTS.
(a) In General.--Part B of subtitle II of title 46, United
States Code, is amended by adding at the end the following:
``CHAPTER 49--OCEANGOING NON-PASSENGER COMMERCIAL VESSELS
``Sec.
``4901. Surveillance requirements.
``Sec. 4901. Surveillance requirements
``(a) In General.--A vessel engaged in commercial service
that does not carry passengers, shall maintain a video
surveillance system.
``(b) Applicability.--The requirements in this section
shall apply to--
``(1) documented vessels with overnight accommodations for
at least 10 persons on board--
``(A) is on a voyage of at least 600 miles and crosses
seaward of the Boundary Line; or
``(B) is at least 24 meters (79 feet) in overall length and
required to have a load line under chapter 51;
``(2) documented vessels of at least 500 gross tons as
measured under section 14502, or an alternate tonnage
measured under section 14302 as prescribed by the Secretary
under section 14104 on an international voyage; and
``(3) vessels with overnight accommodations for at least 10
persons on board that are operating for no less than 72 hours
on waters superjacent to the Outer Continental Shelf.
``(c) Placement of Video and Audio Surveillance
Equipment.--
``(1) In general.--The owner of a vessel to which this
section applies shall install video and audio surveillance
equipment aboard the vessel not later than 2 years after
enactment of the Don Young Coast Guard Authorization Act of
2022, or during the next scheduled drydock, whichever is
later.
``(2) Locations.--Video and audio surveillance equipment
shall be placed in passageways on to which doors from
staterooms open. Such equipment shall be placed in a manner
ensuring the visibility of every door in each such
passageway.
``(d) Notice of Video and Audio Surveillance.--The owner of
a vessel to which this section applies shall provide clear
and conspicuous signs on board the vessel notifying the crew
of the presence of video and audio surveillance equipment.
``(e) Access to Video and Audio Records.--
``(1) In general.--The owner of a vessel to which this
section applies shall provide to any Federal, state, or other
law enforcement official performing official duties in the
course and scope of a criminal or marine safety
investigation, upon request, a copy of all records of video
and audio surveillance that the official believes is relevant
to the investigation.
``(2) Civil actions.--Except as proscribed by law
enforcement authorities or court order, the owner of a vessel
to which this section applies shall, upon written request,
provide to any individual or the individual's legal
representative a copy of all records of video and audio
surveillance--
``(A) in which the individual is a subject of the video and
audio surveillance;
``(B) the request is in conjunction with a legal proceeding
or investigation; and
``(C) that may provide evidence of any sexual harassment or
sexual assault incident in a civil action.
``(3) Limited access.--The owner of a vessel to which this
section applies shall ensure that access to records of video
and audio surveillance is limited to the purposes described
in this paragraph and not used as part of a labor action
against a crew member or employment dispute unless used in a
criminal or civil action.
``(f) Retention Requirements.--The owner of a vessel to
which this section applies shall retain all records of audio
and video surveillance for not less than 150 days after the
footage is obtained. Any video and audio surveillance found
to be associated with an alleged incident should be preserved
for not less than 4 years from the date of the alleged
incident. The Federal Bureau of Investigation and the Coast
Guard are authorized access to all records of video and audio
surveillance relevant to an investigation into criminal
conduct.
``(g) Definition.--In this section, the term `owner' means
the owner, charterer, managing operator, master, or other
individual in charge of a vessel.
``(h) Exemption.--Fishing vessels, fish processing vessels,
and fish tender vessels are exempt from this section.''.
(b) Clerical Amendment.--The table of chapters for subtitle
II of title 46, United States Code, is amended by adding
after the item related to chapter 47 the following:
``49. Oceangoing Non-Passenger Commercial Vessels...........4901''.....
SEC. 608. MASTER KEY CONTROL.
(a) In General.--Chapter 31 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 3106. Master key control system
``(a) In General.--The owner of a vessel subject to
inspection under section 3301 shall--
``(1) ensure that such vessel is equipped with a vessel
master key control system, manual or electronic, which
provides controlled access to all copies of the vessel's
master key of which access shall only be available to the
individuals described in paragraph (2);
``(2) establish a list of all crew, identified by position,
allowed to access and use the master key and maintain such
list upon the vessel, within owner records and included in
the vessel safety management system;
``(3) record in a log book information on all access and
use of the vessel's master key, including--
``(A) dates and times of access;
``(B) the room or location accessed; and
``(C) the name and rank of the crew member that used the
master key; and
``(4) make the list under paragraph (2) and the log book
under paragraph (3) available upon request to any agent of
the Federal Bureau of Investigation, any member of the Coast
Guard, and any law enforcement officer performing official
duties in the course and scope of an investigation.
``(b) Prohibited Use.--Crew not included on the list
described in subsection (a)(2) shall not have access to or
use the master key unless in an emergency and shall
immediately notify the master and owner of the vessel
following use of such key.
``(c) Requirements for Log Book.--The log book described in
subsection (a)(3) and required to be included in a safety
management system under section 3203(a)(6)--
``(1) may be electronic; and
``(2) shall be located in a centralized location that is
readily accessible to law enforcement personnel.
``(d) Penalty.--Any crew member who uses the master key
without having been granted access pursuant to subsection
(a)(2) shall be liable to the United States Government for a
civil penalty of not more than $1,000 and may be subject to
suspension or revocation under section 7703.
``(e) Exemption.--This section shall not apply to vessels
subject to section 3507(f).''.
(b) Clerical Amendment.--The analysis for chapter 31 of
title 46, United States Code,
[[Page H3918]]
is amended by adding at the end the following:
``3106. Master key control system.''.
SEC. 609. SAFETY MANAGEMENT SYSTEMS.
Section 3203 of title 46, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (5) and (6) as paragraphs
(7) and (8); and
(B) by inserting after paragraph (4) the following:
``(5) with respect to sexual harassment and sexual assault,
procedures for, and annual training requirements for all
shipboard personnel on--
``(A) prevention;
``(B) bystander intervention;
``(C) reporting;
``(D) response; and
``(E) investigation;
``(6) the log book required under section 3106;'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Procedures and Training Requirements.--In prescribing
regulations for the procedures and training requirements
described in subsection (a)(5), such procedures and
requirements shall be consistent with the requirements to
report sexual harassment or sexual assault under section
10104.''.
SEC. 610. REQUIREMENT TO REPORT SEXUAL ASSAULT AND
HARASSMENT.
Section 10104 of title 46, United States Code, is amended
by striking subsections (a) and (b) and inserting the
following:
``(a) Mandatory Reporting by Crew Member.--
``(1) In general.--A crew member of a documented vessel
shall report to the Secretary any complaint or incident of
sexual harassment or sexual assault of which the crewmember
has first-hand or personal knowledge.
``(2) Penalty.--A crew member with first-hand or personal
knowledge of a sexual assault or sexual harassment incident
on a documented vessel who knowingly fails to report in
compliance with paragraph (a)(1) is liable to the United
States Government for a civil penalty of not more than
$5,000.
``(3) Amnesty.--A crew member who fails to make the
required reporting under paragraph (1) shall not be subject
to the penalty described in paragraph (2) if--
``(A) the crew member is the victim of such sexual assault
or sexual harassment incident;
``(B) the complaint is shared in confidence with the crew
member directly from the victim; or
``(C) the crew member is a victim advocate as defined in
section 40002(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12291(a)).
``(b) Mandatory Reporting by Vessel Owner.--
``(1) In general.--A vessel owner or managing operator of a
documented vessel or the employer of a seafarer on that
vessel shall report to the Secretary any complaint or
incident of harassment, sexual harassment, or sexual assault
in violation of employer policy or law, of which such vessel
owner or managing operator of a vessel engaged in commercial
service, or the employer of the seafarer is made aware. Such
reporting shall include results of any investigation into the
incident, if applicable, and any action taken against the
offending crewmember.
``(2) Penalty.--A vessel owner or managing operator of a
vessel engaged in commercial service, or the employer of a
seafarer on that vessel who knowingly fails to report in
compliance with paragraph (1) is liable to the United States
Government for a civil penalty of not more than $25,000.
``(c) Reporting Procedures.--
``(1) Crew member reporting.--A report required under
subsection (a)--
``(A) with respect to a crew member, shall be made as soon
as practicable, but no later than 10 days after the crew
member develops first-hand or personal knowledge of the
sexual assault or sexual harassment incident to the Coast
Guard National Command Center by the fastest
telecommunication channel available; and
``(B) with respect to a master, shall be made immediately
after the master develops first-hand or personal knowledge of
a sexual assault incident to the Coast Guard National Command
Center by the fastest telecommunication channel available.
``(2) Vessel owner reporting.--A report required under
subsection (b) shall be made immediately after the vessel
owner, managing operator, or employer of the seafarer gains
knowledge of a sexual assault or sexual harassment incident
by the fastest telecommunication channel available, and such
report shall be made to the Coast Guard National Command
Center and to--
``(A) the nearest Coast Guard Captain of the Port; or
``(B) the appropriate officer or agency of the government
of the country in whose waters the incident occurs.
``(3) Contents.--A report required under subsections (a)
and (b) shall include, to the best of the reporter's
knowledge--
``(A) the name, official position or role in relation to
the vessel, and contact information of the individual making
the report;
``(B) the name and official number of the documented
vessel;
``(C) the time and date of the incident;
``(D) the geographic position or location of the vessel
when the incident occurred; and
``(E) a brief description of the alleged sexual harassment
or sexual assault being reported.
``(4) Information collection.--After receipt of the report
made under this subsection, the Coast Guard will collect
information related to the identity of each alleged victim,
alleged perpetrator, and witness through means designed to
protect, to the extent practicable, the personal identifiable
information of such individuals.
``(d) Regulations.--The requirements of this section are
effective as of the date of enactment of the Don Young Coast
Guard Authorization Act of 2022. The Secretary may issue
additional regulations to implement the requirements of this
section.''.
SEC. 611. CIVIL ACTIONS FOR PERSONAL INJURY OR DEATH OF
SEAMEN.
(a) Personal Injury to or Death of Seamen.--Section
30104(a) of title 46, United States Code, as so designated by
section 505(a)(1), is amended by inserting ``, including an
injury resulting from sexual assault or sexual harassment,''
after ``in the course of employment''.
(b) Time Limit on Bringing Maritime Action.--Section 30106
of title 46, United States Code, is amended--
(1) in the section heading by striking ``for personal
injury or death'';
(2) by striking ``Except as otherwise'' and inserting the
following:
``(a) In General.--Except as otherwise''; and
(3) by adding at the end the following:
``(b) Extension for Sexual Offense.--A civil action under
subsection (a) arising out of a maritime tort for a claim of
sexual harassment or sexual assault shall be brought not more
than 5 years after the cause of action for a claim of sexual
harassment or sexual assault arose.''.
(c) Clerical Amendment.--The analysis for chapter 301 of
title 46, United States Code, is amended by striking the item
related to section 30106 and inserting the following:
``30106. Time limit on bringing maritime action.''.
SEC. 612. ADMINISTRATION OF SEXUAL ASSAULT FORENSIC
EXAMINATION KITS.
(a) In General.--Chapter 5 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 564. Administration of sexual assault forensic
examination kits
``(a) Requirement.--A Coast Guard vessel that embarks on a
covered voyage shall be--
``(1) equipped with no less than 2 sexual assault and
forensic examination kits; and
``(2) staffed with at least 1 medical professional
qualified and trained to administer such kits.
``(b) Covered Voyage Defined.--In this section, the term
`covered voyage' means a prescheduled voyage of a Coast Guard
vessel that, at any point during such voyage--
``(1) would require the vessel to travel 5 consecutive days
or longer at 20 knots per hour to reach a land-based or
afloat medical facility; and
``(2) aeromedical evacuation will be unavailable during the
travel period referenced in paragraph (1).''.
(b) Clerical Amendment.--The table of sections for chapter
5 of title 14, United States Code, is amended by adding at
the end the following:
``564. Administration of sexual assault forensic examination kits.''.
TITLE VII--TECHNICAL AND CONFORMING PROVISIONS
SEC. 701. TECHNICAL CORRECTIONS.
(a) Section 319(b) of title 14, United States Code, is
amended by striking ``section 331 of the FAA Modernization
and Reform Act of 2012 (49 U.S.C. 40101 note)'' and inserting
``section 44801 of title 49''.
(b) Section 1156(c) of title 14, United States Code, is
amended by striking ``section 331 of the FAA Modernization
and Reform Act of 2012 (49 U.S.C. 40101 note)'' and inserting
``section 44801 of title 49''.
SEC. 702. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
TECHNICAL AMENDMENTS.
(a) In General.--Section 70105 of title 46, United States
Code, is amended--
(1) in the section heading by striking ``security cards''
and inserting ``worker identification credentials'';
(2) by striking ``transportation security card'' each place
it appears and inserting ``transportation worker
identification credential'';
(3) by striking ``transportation security cards'' each
place it appears and inserting ``transportation worker
identification credentials'';
(4) by striking ``card'' each place it appears and
inserting ``credential''
(5) in the heading for subsection (b) by striking ``Cards''
and inserting ``Credentials'';
(6) in subsection (g), by striking ``Assistant Secretary of
Homeland Security for'' and inserting ``Administrator of'';
(7) by striking subsection (i) and redesignating
subsections (j) and (k) as subsections (i) and (j),
respectively;
(8) by striking subsection (l) and redesignating
subsections (m) through (q) as subsections (k) through (o),
respectively;
(9) in subsection (j), as so redesignated--
(A) in the subsection heading by striking ``Security Card''
and inserting ``Worker Identification Credential''; and
(B) in the heading for paragraph (2) by striking ``security
cards'' and inserting ``worker identification credential'';
[[Page H3919]]
(10) in subsection (k)(1), as so redesignated, by striking
``subsection (k)(3)'' and inserting ``subsection (j)(3)'';
and
(11) in subsection (o), as so redesignated--
(A) in the subsection heading by striking ``Security Card''
and inserting ``Worker Identification Credential'';
(B) in paragraph (1)--
(i) by striking ``subsection (k)(3)'' and inserting
``subsection (j)(3)''; and
(ii) by striking ``This plan shall'' and inserting ``Such
receipt and activation shall''; and
(C) in paragraph (2) by striking ``on-site activation
capability'' and inserting ``on-site receipt and activation
of transportation worker identification credentials''.
(b) Clerical Amendment.--The analysis for chapter 701 of
title 46, United States Code, is amended by striking the item
related to section 70105 and inserting the following:
``70105. Transportation worker identification credentials.''.
SEC. 703. REINSTATEMENT.
(a) Reinstatement.--The text of section 12(a) of the Act of
June 21, 1940 (33 U.S.C. 522(a)), popularly known as the
Truman-Hobbs Act, is--
(1) reinstated as it appeared on the day before the date of
enactment of section 8507(b) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283); and
(2) redesignated as the sole text of section 12 of the Act
of June 21, 1940 (33 U.S.C. 522).
(b) Effective Date.--The provision reinstated by subsection
(a) shall be treated as if such section 8507(b) had never
taken effect.
(c) Conforming Amendment.--The provision reinstated under
subsection (a) is amended by striking ``, except to the
extent provided in this section''.
SEC. 704. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation for this Act'',
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Oregon (Mr. DeFazio) and the gentleman from Missouri (Mr. Graves) each
will control 20 minutes.
General Leave
Mr. DeFAZIO. Mr. Speaker, I ask unanimous consent that all members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on H.R. 6865, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oregon?
There was no objection.
Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am proud to call up and speak in support of my bill,
H.R. 6865, the Don Young Coast Guard Authorization Act of 2022.
This bipartisan legislation will authorize funding for the United
States Coast Guard for fiscal years 2022 and 2023 and address a number
of important issues concerning the maritime industry.
I would like to take a moment to express my deepest sympathies to
Congressman Don Young's wife, Anne, the rest of the family, and the
people of Alaska.
Don was larger than life. He was the dean of the House. He was
affable, cantankerous, and sometimes funny.
You know, I have stories like the Speaker mentioned today about Don
and the buck knife in his pocket, but I won't go into those now. But,
anyway, we developed a good friendship.
I feel fortunate that I had time to develop that relationship with
him, serving together on both the House Committee on Natural Resources
for 26 years and the Committee on Transportation and Infrastructure for
36 years.
His service as Chair of the Transportation and Infrastructure
Committee had an extraordinary impact. It was capped by the passage of
SAFETEA-LU, a surface transportation reauthorization that was named for
his beloved late wife.
It was a strong bipartisan bill that provided much-needed investment
infrastructure across the country, including my home State of Oregon.
Don believed in bipartisanship. We didn't always agree, but we would
often find a way to compromise, come together for the good of the
country, and he always, always stayed true to his values and the people
of Alaska.
Given Alaska's vast coastlines, the Coast Guard plays a particularly
important role in the State, and Congressman Young was always there to
support the United States Coast Guard.
That is why I am particularly happy to include several provisions
important to the Congressman that will have a dramatic impact on the
State of Alaska and this bill.
At a committee markup earlier this month, Don said, I have voted on
20 Coast Guard authorization bills in my career. I have served on the
Coast Guard subcommittee for 46 years. This is a good bill. It is
really needed. And it is really needed. And naming it for Don Young is
incredibly appropriate.
I would like to thank my ranking member, Sam Graves, and Subcommittee
Ranking Member Gibbs for their work. I particularly want to thank the
chair of the subcommittee, Congressman Carbajal, for this very
important and overdue additional investment in the Coast Guard and
addressing a number of other issues relating to the maritime industry.
This is evidence that bipartisanship can still live in Washington, D.C.
today.
It not only authorizes the Coast Guard but also reauthorizes the
Federal Maritime Commission which is the center of the supply chain
congestion that has plagued this country and the world for over a year.
It incorporates the Ocean Shipping Reform Act of 2021 which will
begin to address several unfair shipping practices that have
contributed to inflation across every sector of the American economy.
This legislation gives the Federal Maritime Commission the authority
to protect exporters, importers, and consumers from unfair practices by
expanding their oversight and enforcement capabilities.
The largest three shipping companies in the world made more money in
the last year than they made over the last decade. It is not warranted.
They are essentially running a cartel, and it is time that we took
action.
The Federal Maritime Commission, under this administration, is
finally waking up, and they are going to take action against these
cartels and the price gouging that is going on on our consumers.
It further amends title 46 to ensure shipping capacity once contracts
are signed, increases penalties for retaliation against shippers, and
encourages reciprocal trade.
H.R. 6865 increases the Federal Maritime Commission's annual
operating budget by 10 percent over 2021. It will give them the
additional resources they need to provide effective oversight and
ensure that all foreign carriers abide by fair shipping practices which
they are not doing today.
For the Coast Guard, this bill provides more than $12 billion for
fiscal year 2022, $13 billion for fiscal year 2023. These authorized
funding levels support servicemembers, fund new asset acquisitions, and
improve the Coast Guard's crumbling shoreside infrastructure.
I am particularly pleased with the improved vessel safety measures
included in the legislation, and H.R. 6865 takes a leap forward in
small passenger vessel safety by mandating commonsense requirements for
passenger amphibious vessels and others.
Chairman Carbajal recently held a hearing on a horrible tragedy in
his district which this will also have an impact in preventing in the
future.
Moreover, H.R. 6865 offers meaningful reforms to a culture of sexual
abuse within the maritime industry. I am proud to have worked with
Members from both sides of the aisle to determine what changes are
necessary to begin to address the toxic culture in the industry and
create a safe work environment for all mariners.
H.R. 6865 includes language from my other bill, the Safer Seas Act,
which will give the Coast Guard more leverage to investigate and remove
predators who sexually harass and assault. It also includes important
safety measures such as surveillance, master key control systems, and
extends the statute of limitations for cases of sexual assault and
harassment.
This groundbreaking legislation is just one step towards bringing
justice for victims and getting predators out of the industry.
In closing, let me thank once again my Ranking Member Sam Graves,
Ranking Member Gibbs, and of course, Chair Carbajal for all their
extraordinary work on this bill.
[[Page H3920]]
Mr. Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise in support of H.R. 6865, the Don Young Coast
Guard Authorization Act of 2022, an important piece of legislation that
ensures that the United States Coast Guard has the funding that they
need to carry out the service's critical mission and keep our borders
safe.
Today it is with both great sadness and great respect that we name
this year's Coast Guard Authorization Act after former Transportation
and Infrastructure Committee Chairman Don Young.
The passing of the dean of the House was a surprise to all of us and
a tremendous loss for this body. Our thoughts are with his wife, Anne;
his daughters, Joni and Dawn; and the rest of his family, as well as
his current and his former staff.
I had the pleasure of serving as a freshman member of the
Transportation Committee when Don began his chairmanship in 2001. And,
as always, he brought his typical passion and zeal to the job.
He was always working for Alaska but also constantly helping other
Members take care of their constituents.
The chairman, as many still called him, always pointed out that
Alaska missed the great infrastructure investment of the earlier
centuries that had been made in the lower 48, and he was bound and
determined to make sure that he made up for lost time.
There isn't a city or a borough or a town or village in Alaska that
can't point to at least one road, airstrip, harbor, dock, visitors
center, or health clinic that Don didn't have some role in
establishing, building, authorizing, or funding.
Recently, there has been a suggestion to name a volcano in Alaska
after Chairman Young, a rugged and enduring part of the Alaskan
landscape, always with the potential to erupt at any moment's notice,
but always warm at its core. Part of me thinks this would be a very
fitting tribute as well.
And as has been noted many times, it was fitting that he passed away
on his way home to Alaska, the State that he loved so much.
I will always think of him and smile when I walk by his official--
unofficial, I should say, unofficial but uncontested seat here on the
House floor. His passing was truly a loss for the House.
In the Transportation Committee, we will always have the almost life-
sized portrait watching over us, reminding Members of the importance of
the work and the bipartisanship it takes to get it done.
One of Don's priorities throughout his career, and also one of my
priorities, was strengthening the Coast Guard. This legislation
authorizes the purchase of a 12th National Security Cutter as well as
six additional Fast Response Cutters to ensure that our Coast Guard is
prepared for its current and future role in securing America.
During our markup of this bill earlier this month, Don remarked in
his statement that both his support for this bill, and as the chairman
pointed out, he had voted on 20 Coast Guard authorizations in his
career, and I am deeply saddened today that he is not going to be able
to cast his vote in support of yet one more.
Fittingly, H.R. 6865 also includes a provision offered by the late
dean of the House that allows the Coast Guard to keep Russian vessels
out of U.S. waters during the ongoing Russian invasion of Ukraine.
With that, Mr. Speaker, I urge support of this important legislation,
and I reserve the balance of my time.
Mr. DeFAZIO. Mr. Speaker, I yield 3 minutes to the chair of the
subcommittee, Congressman Carbajal.
Mr. CARBAJAL. Mr. Speaker, I would like to express my support for
H.R. 6865, this year's Coast Guard Authorization Act, which is named in
honor of our departed colleague, Mr. Don Young, who tirelessly
advocated for the Coast Guard and maritime issues in his many decades
of public service.
With his legacy in mind, I wish to express my thanks for the
leadership of Chairman DeFazio, Ranking Member Sam Graves, and
Subcommittee Ranking Member Bob Gibbs that created this bipartisan
agreement.
H.R. 6865 will renew and enhance support for the critical missions of
the United States Coast Guard. Every day Coasties work to protect our
national security and enforce the laws in the maritime environment.
They maintain our Nation's waterways for the sake of commerce, save
lives, and protect the oceans from pollution. These brave
servicemembers have time and time again demonstrated their
resourcefulness, but they need our support today.
The increased authorizations in today's bill signals our confidence
in the excellence of the Coast Guard and starts down the road to
providing the resources Coasties need to successfully complete their
missions.
H.R. 6865 also tackles current challenges to our Nation's supply
chain which have recently caused frustration in not only the
transportation industry, but in the average families who are being
confronted with shortages and increasing costs for basic household
goods.
H.R. 6865 reauthorizes the Federal Maritime Commission, the entity in
charge of promoting fairness and competition in ocean shipping.
And it includes the Ocean Shipping Reform Act of 2021 which would
provide the Federal Maritime Commission with the authority to directly
address international shipping's contribution to the inflation we are
experiencing.
{time} 1530
As chairman of the Coast Guard and Maritime Transportation
Subcommittee, I am proud that this bill also includes my legislation to
amend an archaic 171-year-old maritime law that prevented victims and
their families from seeking fair recourse against vessel owners who
were found to be liable for maritime incidents. This provision was
developed in response to the Conception dive boat fire in my district
in 2019, which was the largest loss of life in a U.S. marine casualty
in decades.
Finally, with this bill, we can make significant strides toward
stamping out sexual assault and sexual harassment from the maritime
industry. Provisions in H.R. 6865 strengthen transparency surrounding
companies' sexual assault and sexual harassment policies, provide
protections for mariners, and remove bad actors from the industry. Such
criminal behavior and incidents have no place in the maritime industry.
I am proud to have worked with my colleagues on this important
legislation, and I look forward to ensuring that it becomes law.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 4 minutes to the
gentleman from Ohio (Mr. Gibbs), the ranking member of the Coast Guard
and Maritime Transportation Subcommittee.
Mr. GIBBS. Mr. Speaker, I am pleased to rise today in support of H.R.
6865, the Don Young Coast Guard Authorization Act of 2022. The bill
represents this Congress' commitment to the men and women serving in
the Coast Guard and lays the groundwork for maintaining the Service's
mission capability in the future.
It also honors our colleague Don Young, who passed away last week,
and is lying in state in Statuary Hall today. Our thoughts go out to
his family and staff.
The dean of the House, the Congressman for all Alaska, the former
chairman of both the Committee on Natural Resources and Committee on
Transportation and Infrastructure, the longest serving Republican
Member of the House, the former mayor of Fort Yukon: His titles were
many, but they failed to fully capture Don's character and endless
enthusiasm for the job he loved, representing the people of Alaska in
Congress. He did that job for 49 years, and he did it well. His
legislative record is as amazing as his personal legacy of the
friendships he made over the last five decades. He was always a
stalwart Representative for Alaska and will have a lasting legacy.
It is appropriate that we are naming this Congress' Coast Guard
Authorization Act for Don. He served on the Subcommittee on Coast Guard
and Maritime Transportation since it was established in 1995 and on its
predecessor subcommittee for 20 years before that. He was the only
licensed tugboat captain in Congress, and the Coast Guard plays many
vital roles in the always vast and beautiful, but often stormy and
dangerous, waters of his home State.
The Coast Guard is one of the six United States Armed Forces, and
they
[[Page H3921]]
help secure our country's borders. As we watch the Ukraine crisis
unfold and recognize the apparent lack of readiness in the Russian
military, we should be especially aware of the need to provide our
Armed Forces with the resources they need.
This bill includes provisions to strengthen the Coast Guard's ability
to keep Russian vessels out of U.S. water, a provision Don Young
authored. Both sides of the aisle worked together to craft this
legislation, recognizing that port and coastal security, drug
interdiction, and maritime safety are important bipartisan issues to
our Nation rather than Republican or Democrat issues.
The Coast Guard plays an important and unique role in national
security and maritime safety. The Service is a critical component in
carrying out drug interdiction efforts, keeping our ports and coasts
safe, and conducting icebreaking operations. H.R. 6865 helps the Coast
Guard better perform these missions and encourages the use of cutting-
edge technology to improve operations, while also addressing ongoing
issues like how to bring the Service's crumbling IT infrastructure into
the modern era.
Despite the administration's failure to seek appropriate capital
funding levels, this bill authorizes over $9 billion for the operations
and support account and $3 billion for the procurement, construction,
and improvement account for fiscal 2022 and provides a 5 percent
increase in FY23. We had hoped that would offset earlier budget
shortfalls, but given the rise in inflation, it will be needed just to
stay even.
As others have noted, this legislation authorizes the purchase of a
twelfth National Security Cutter and six Fast Response Cutters, which
are necessary for the Coast Guard's future mission capabilities.
Vital to my district, I am also proud of the commitment made to the
Great Lakes in this bill. Working with my colleague, the gentleman from
Wisconsin (Mr. Gallagher), the bill includes an authorization of a new
dedicated icebreaker on the Lakes to keep commerce moving as much of
the year as possible.
Thank you to Chair DeFazio, Ranking Member Sam Graves, and
Subcommittee Chair Carbajal for working in a bipartisan fashion to give
the Coast Guard the resources it needs to accomplish its missions. I
urge support of this bill.
On a side note, my first year as a freshman, I was chairman of the
Subcommittee on Water Resources and Environment, and I inadvertently
overlooked Don Young in the questioning order. That was not a smart
thing for a freshman Member to do. I realized my mistake, and I
apologized to him, and we became the best of friends. He also invited
all of us to go to his king salmon barbecue here in D.C. I am really
going to miss Don Young. He was really an American patriot.
Mr. DeFAZIO. Mr. Speaker, I yield 3 minutes to the gentleman from
California (Mr. Garamendi), a senior member of the committee.
Mr. GARAMENDI. Mr. Speaker, I strongly support the Coast Guard
Authorization Act of 2022, and I would like to thank the chairman and
the ranking member, also Mr. Carbajal and the minority team for putting
together a good piece of legislation.
This bipartisan legislation authorizes the U.S. Coast Guard, our
fifth national military service branch, for fiscal years 2022 and 2023.
We know the Coast Guard is critically important. We just heard that
here. This bill also goes beyond just the Coast Guard. It deals with
the Jones Act and something I have worked on for 13 years here, which
is Make It In America and how we can do that in our maritime industry.
In this bill, there are policies and proposals that include long
overdue language to close some egregious loopholes to the Jones Act
that would allow foreign vessels to undercut American-flagged vessels
operating in America's offshore environment and the intercontinental
shelf. This amendment, H.R. 6728, which is included in this bill, would
close that loophole so that those foreign-flagged vessels are held to
the very same high standards that American vessels have to hold to in
those same offshore waters.
A lot of this comes down to the new offshore wind industry that is
flourishing in the northeast and soon will be found in many other parts
of this Nation. Do you want those to be American jobs or do you want
those to be foreign jobs? The question is pretty simple. This bill, as
amended, would make sure that those ships and crews operating offshore
would have to meet the same high standards. They would have to be
certified that they know what they are doing, that they pass the
various background checks as American mariners must.
Now, if you want a wide open thing, then just forget it, but this
bill is there to protect American workers in the offshore wind
industry, the offshore oil industry, and further beyond that to the
general Jones Act fleet.
It is a good bill. There are other things in this bill that are good.
I had the great pleasure of working with our former colleague, Don
Young, on his Oil Spill Response Enhancement Act. We worked together on
that for several years. It is included in this bill, and it would
certainly be appropriate that that stay in this bill.
We are going to have always the normal trouble with the Senate. They
just seem to not understand all that they should, but this is a great
bill. I want to compliment all who worked on it. The minority teams did
excellent work. I thank them so very much. I see the coauthor of our
amendment, the gentleman from Louisiana (Mr. Graves), who has done good
work on this bill, has taken his position to carry on.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 2 minutes to the
gentleman from Louisiana (Mr. Graves), the ranking member of the
Subcommittee on Aviation.
Mr. GRAVES of Louisiana. Mr. Speaker, first of all, I want to thank
Chairman DeFazio, Ranking Member Sam Graves, Subcommittee Chair
Carbajal, and Ranking Member Gibbs for their bipartisan efforts on this
legislation. I want to thank the gentleman from California (Mr.
Garamendi), my friend, for working with us to ensure that American
mariners are given a level playing field, and I want to thank all
Members involved for the efforts to help to bolster the Coast Guard.
Mr. Speaker, the Coast Guard is often described as a Swiss Army
knife. You take all the laws that are enforced on terrestrial grounds,
and we effectively put all of those on the Coast Guard men and women to
be carried out or enforced on America's oceans, on our seas, and our
near-shore waters. This is an incredible task. Everything from maritime
safety, maritime security, counter drug, alien interdiction and many,
many other missions.
We have got to make sure if we are going to ask them to do such a
challenging task that we give them the equipment. This bill authorizes
the twelfth National Security Cutter. It authorizes six of the Fast
Response Cutter, the Sentinel-class vessels that are going to bring
better interoperability, better offensive capabilities, faster transit
speed, the ability to operate in much more adverse conditions in regard
to sea state, many, many other things.
This also includes a provision that Don Young included that prohibits
Russian vessels from being in Alaskan waters, and I think that is very
important, especially considering what we are going through right now.
I think that is absolutely critical.
It also includes a provision that Congressman Huffman and I worked on
on a bipartisan basis to ensure that AIS, the automatic identification
system, requirements for fishing vessels of certain sizes are being
applied to prevent illegal fishing or fishing that is beyond catch
limits in our waters, so very, very important legislation being
advanced today.
I want to thank everybody for working on it and, most importantly, I
want to thank the fact that this bill is being named after Congressman
Don Young. This is much deserved. I had the chance to work for him
under John Rayfield when he was chair and absolutely very much deserve.
I support the legislation.
Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentleman from
Massachusetts (Mr. Auchincloss), a member of the committee.
Mr. AUCHINCLOSS. Mr. Speaker, I thank the chairman for working with
me to meet President Biden's goal of deploying 30 gigawatts of offshore
wind
[[Page H3922]]
energy by 2030 as we transition to a clean energy economy.
While I support funding the Coast Guard, I am deeply concerned that a
provision in this bill would prevent us from meeting this imperative.
To achieve 30 gigawatts by 2030, the United States will need five to
six wind turbine installation vessels. Currently, there are only three
in the world. This provision would prevent the use of these vessels and
halt the only means we have to install and maintain wind turbines in
the short term.
Not only would this put those 30 gigawatts of clean energy out of
reach by 2030, it would also threaten thousands of good-paying union
jobs in Massachusetts. I share the chairman's goal of staffing offshore
wind projects with American workers in the long term.
Indeed, with my colleague, the gentleman from Massachusetts (Mr.
Keating), I have secured funding to help train those workers, but there
will be no jobs and no offshore wind energy if this amendment is passed
and the development of offshore wind is stillborn. I ask for a
commitment to work in conference to ensure a seamless transition to
American workers that does not jeopardize access to wind turbine
installation vessels for current and future development of offshore
wind projects.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 2 minutes to the
gentleman from North Carolina (Mr. Rouzer), the ranking member of the
Water Resources and Environment Subcommittee.
Mr. ROUZER. Mr. Speaker, it is so fitting that today we are passing
the Coast Guard reauthorization bill, a very good bipartisan piece of
legislation, naming it in honor of our dear friend and colleague, Don
Young of Alaska, who did so much during his time here for the Coast
Guard.
A fixture in the House for 49 years, Don Young took care of the needs
of Alaskans like no other could. So it was a natural fit for him to
serve as chairman of both the Natural Resources Committee and the
Transportation and Infrastructure Committee during his time here. His
accomplishments for Alaska and throughout the course of his life are
well known and numerous.
He was certainly a throw-back to the old days on Capitol Hill. He
fought hard for his constituents, for Alaska, for America. He had the
force of a lion, but great compassion. And, boy did he know how to live
life to the fullest. He was the perfect public servant for he had two
attributes one must have to survive and serve the public well: A tough
hide but a tender heart. That is the gentleman from Alaska that I got
to know. That is the man who, with his dear wife, Anne, by his side,
told me at my birthday party last month that he wanted to get the show
on the road, go up to the stage and sing happy birthday. I simply said,
``Yes, sir,'' and what a memorable night he made it.
{time} 1545
Sometimes words cannot properly describe a man, for the emotions that
stir the heart are so powerful, words cannot possibly reflect them.
That is how it feels for me, anyway.
But let it be said many times over: Don Young was a force, a legend
in his own time. And America is better and greater because of him.
Let's pass this Coast Guard reauthorization bill in honor of our
great friend, Don Young.
Mr. DeFAZIO. Mr. Speaker, may I inquire as to the time remaining.
The SPEAKER pro tempore. The gentleman from Oregon has 5\1/2\ minutes
remaining. The gentleman from Missouri has 8\1/2\ minutes remaining.
Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentleman from
Massachusetts (Mr. Keating).
Mr. KEATING. Mr. Speaker, I associate myself with the remarks of my
colleagues regarding our late colleague Don Young, my friend, someone I
worked with on fishing issues, ferry issues, air service issues. He
will be sorely missed.
Mr. Speaker, I rise in support of H.R. 6865, which makes significant
investments in the extraordinary work of the United States Coast Guard.
I have deep concerns, though, about one provision in the bill
regarding the sole-sourced crewing of foreign vessels needed to
construct the first offshore wind projects in our country. This
language will prevent existing crews from building already planned
offshore wind projects years before the ships can be built and long
before American seamen are trained to take on these jobs.
We all support U.S. jobs, but here at home, this industry is at its
relative infancy. The requirements in this provision will prevent
participation of the existing fleet of vessels needed to begin
construction on these projects while no U.S. alternative exists.
This will cost us jobs, jeopardizing more than 3,600 jobs, largely
union jobs, from the Vineyard Wind project in my district alone and
create years of delays to the building of offshore wind projects with
an estimated 20,000 new jobs across the eastern seaboard.
Mr. Speaker, I ask the chairman to work with me to amend this
language in conference to ensure that the United States does not falter
as we take our first steps into this burgeoning industry, one that will
increase our energy independence, create American jobs, and move us
away from our reliance on fossil fuels.
Mr. DeFAZIO. Mr. Speaker, certainly, I would assure both this
gentleman and Representative Auchincloss that I will be happy to work
with the two of them as the legislation goes to the Senate.
I want to move toward employing qualified American mariners and to
have the people who work on these ships meet the same requirements as
American mariners.
Flags of convenience have destroyed the U.S. maritime industry. We
are going to rebuild it, and we are going to rebuild it with American
crews and ships. Dominion Resources is currently building an insertion
ship.
I certainly do not want to impede projects in the near term, Vineyard
Wind and others that are immediately pending, and we will work to
ensure there are no disruptions as we move toward a cleaner energy
future.
I would be happy to work with the two gentlemen and others who are
concerned.
Mr. Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 1 minute to the
gentleman from Tennessee (Mr. Burchett).
Mr. BURCHETT. Mr. Speaker, I stand here not to talk about the bill
but to talk about my friend, Don Young.
When I first got up here, I told Don that I was an avid gold panner
in Knoxville, Tennessee, yet, in my lifetime, I had never found one
flake of gold. He told me if I would come to Alaska, he said: ``Timmy,
I could put you on some gold.'' And we talked about our love of the
outdoors.
We also talked about our love of traditional country music, Mr.
Speaker. Rick Crawford had his little band over here playing one night,
and they were playing some good old country music, some Johnny
Paycheck, the music that speaks to your heart. Don and I were talking
about the current state of country music and just how horrible it was,
and if I wanted to listen to rock music, I would turn on a rock
station; if I wanted to listen to rap, I would turn on a rap station;
but, dadgummit, country music was what we wanted to hear, and these
country music people today are not country music people. I would put it
in Don's words, but I would probably be called out on an ethics charge,
Mr. Speaker, so I will not do that.
I stand here today as a friend of Don Young's and someone who will
miss him dearly. I will miss his abrupt, gruff way about himself. My
daddy was quite like that, and I grew up in that household, and I
understand completely. Don had a rough exterior, but he was a very
gentle person, and I will miss him dearly.
Mr. DeFAZIO. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 2 minutes to the
gentleman from Louisiana (Mr. Scalise), the Republican whip.
Mr. SCALISE. Mr. Speaker, I thank the gentleman from Missouri for
yielding.
What a great tribute, to be naming this Coast Guard reauthorization
bill after Don Young. While we mourn his loss today and pay tribute to
Don in Statuary Hall, his family was here, and as you are paying
tribute to a great life, the dean of the House who served 49 years in
this great Chamber from the 49th State of Alaska, you can't
[[Page H3923]]
help but think of all the Don Young stories.
Clearly, there is a tie to this bill because Don served on the Coast
Guard and Maritime Transportation Subcommittee for his entire tenure
that the committee was in existence. Don loved the Coast Guard, loved
the relationship they had in Alaska, just trying to get more
icebreakers so that we could keep up with Russians continuing to open
up their shipping lanes, but our not having the ability to get enough
Coast Guard cutters to break ice in Alaska.
Don Young was always a champion for Alaska. He was a great friend.
He was somebody who you knew where he stood all the time. And if you
stood in his way, he would make it clear that he was going to keep
moving forward.
As we look at the seat that Don Young always sat in, in a Chamber of
435 people where there are no reserved seats, everybody knows that is
where Don Young sat. When you look over there today, it is a little bit
sad, but you can only think of great memories of Don Young when you see
the black cloth draped over that seat.
We will always remember Don Young, a man who loved this country,
surely loved the Coast Guard, and epitomized what is the great State of
Alaska. No better champion they had in Congress than Don Young.
I look forward to passing this bill with overwhelming support.
Mr. DeFAZIO. Mr. Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 1 minute to the
gentleman from Arkansas (Mr. Crawford).
Mr. CRAWFORD. Mr. Speaker, I thank the gentleman from Missouri for
yielding.
I rise today to recognize the passing of my friend and colleague,
Representative Don Young.
While many accomplished and effective men and women have served here
in the House of Representatives over the years, very few have built a
legacy like Representative Young.
Over the last almost 12 years, I have had the honor of serving with
him on the Transportation and Infrastructure Committee, where he spent
untold hours fighting for stronger investment in American
infrastructure. The Don Young Coast Guard Authorization Act on the
floor today is just one of many examples of this.
Don took his job as dean of the House seriously. He regularly offered
advice to colleagues, like his warnings to me to never shave my beard.
He was eager to welcome Members and their families to Capitol Hill. My
kids loved getting a tour of his office and hearing his wild hunting
stories.
Representative Young will be remembered for his boisterous
personality and outrageous anecdotes, but above all, he will be
remembered for his passion for the people of Alaska.
I am thankful for the time I served with Representative Young, and my
prayers are with his family, friends, staff, and constituents.
Today, I encourage my colleagues to honor our friend and support H.R.
6865.
Mr. DeFAZIO. Mr. Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Mr. Speaker, may I inquire as to how much
time is remaining.
The SPEAKER pro tempore. The gentleman from Missouri has 4\1/2\
minutes remaining. The gentleman from Oregon has 2\1/2\ minutes
remaining.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 1 minute to the
gentleman from California (Mr. Calvert).
Mr. CALVERT. Mr. Speaker, I rise in support of this legislation.
Don represented Alaska in this House for nearly as long as Alaska has
been a State. Don was a ferocious advocate for the people he
represented, not the least of whom were Alaska's Native people, who
held a special place in his heart.
We are going to miss Don. He was a champion for the North Slope,
Alaska's commercial fisheries, and infrastructure, obviously. Don spent
his career fighting for his constituents to use Alaska's vast natural
resources to bring prosperity to his State.
Don knew what made our country great and how to work across the aisle
to deliver for the people of Alaska.
Don was my first committee chairman when I came here 30 years ago,
and he quickly found me and said: ``I heard you want to be on my
committee.'' I said: ``Yes, Mr. Chairman.'' ``Well, do whatever I tell
you, and you will be just fine.'' I think, at some time or another, all
of us have lived by those words.
I will miss Don. I will miss his friendship, his humor, and his
passion. My thoughts and prayers go out to his wife, Anne, and the
family.
Rest in peace, Don.
Mr. DeFAZIO. Mr. Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 30 seconds to the
gentleman from Ohio (Mr. Chabot).
Mr. CHABOT. Mr. Speaker, I had the honor to serve 26 years here in
the House with Don Young.
There is an expression some of our Texans have about not messing with
Texas. Well, with Don Young, you knew not to mess with Alaska.
We butted heads on that several times, but we remained friends. When
my family and I went to Alaska some years ago, he told us the places
not to miss. It was a family vacation. It was wonderful. We stopped by
the State fair there, and we picked up ``I'm a Young Man'' buttons--
this is one today--and ``I'm a Young Woman'' buttons for my wife and
daughter. Periodically, I would wear it here in the House, and he
always got a kick out of that.
Now, Don Young is gone, and as they said about Lincoln, he now
belongs to the ages. He will be long remembered in this place, and he
will certainly be long remembered in Alaska.
May Don rest in peace.
Mr. DeFAZIO. Mr. Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Mr. Speaker, I yield 30 seconds to the
gentleman from Texas (Mr. McCaul).
Mr. McCAUL. Mr. Speaker, what can you say about Don in 30 seconds? I
always saw him as a captain, the tugboat captain, the captain of the
ship.
Don was the captain of this ship, this great institution, the House.
Don was rough on the exterior like his State, rugged and larger than
life, but he had a heart for serving others.
I will never forget going to the White House when we signed the Tax
Cuts and Jobs Act into law. ANWR opened up. He did a little jig in
front of the White House. I think that may have been one of the days he
broke his promise of maybe having a little drink.
But I will say this: I will always cherish my last day in the House
sitting right next to him. The very last day, we were here for an hour
talking about this great institution, talking about our families, what
is important in life. Little did I know that the next day he would be
lost.
The SPEAKER pro tempore (Ms. McCollum). The time of the gentleman has
expired.
Mr. GRAVES of Missouri. Madam Speaker, I yield the gentleman an
additional 5 seconds.
Mr. McCAUL. Madam Speaker, let me say in closing, Don planned to
serve in Congress until God or the voters decided it was his time. It
is no coincidence that God called him home on his 49th year in Congress
as a Representative for the 49th State.
May God hold Don in the palms of his hands.
Mr. DeFAZIO. Madam Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Madam Speaker, may I inquire how much time is
remaining.
The SPEAKER pro tempore. The gentleman from Missouri has 2\1/2\
minutes remaining. The gentleman from Oregon has 2\1/2\ minutes
remaining.
Mr. GRAVES of Missouri. Madam Speaker, I yield 30 seconds to the
gentleman from California (Mr. Issa).
Mr. ISSA. Madam Speaker, Don Young has 50 years of stories, and I
will tell you just one in 20 seconds.
Madam Speaker, Don Young, faced with a young Member wanting to affect
bypass mail in Alaska, could have dressed me down and told me over his
dead body. Instead, he directed me to go to Alaska to see how bypass
mail was done in the post office there. He sent me to an Aleutian
Island, sent me to a few other appropriate places, and changed my view
of why we have bypass mail.
That is the Don Young I will remember.
Mr. DeFAZIO. Madam Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Madam Speaker, I yield 30 seconds to the
gentleman from Ohio (Mr. Balderson).
Mr. BALDERSON. Madam Speaker, I thank the gentleman for yielding.
[[Page H3924]]
I rise in support of the Don Young Coast Guard Authorization Act,
which ensures that the dedicated men and women of the U.S. Coast Guard
are adequately trained and equipped to fulfill their critical mission
of securing America's coastlines.
It has been an honor for me, as a 3-year Member of Congress, to serve
alongside Don Young and always sit behind him and hear him.
Mr. DeFAZIO. Madam Speaker, I reserve the balance of my time.
{time} 1600
Mr. GRAVES of Missouri. Madam Speaker, I yield 30 seconds to the
gentleman from New Jersey (Mr. Van Drew).
Mr. VAN DREW. Madam Speaker, I rise in support of the Don Young Coast
Guard Authorization Act of 2022.
Congressman Young brought a distinct candor and a character to
Congress. This body and our country are better off thanks to his
service, and he will be dearly missed. I am proud to note that this
legislation authorizes $120 million for the construction of new
barracks at the United States Coast Guard Training Center Cape May in
New Jersey.
The barracks project will expand opportunities for women to serve in
the Coast Guard as well as expand the training center's recruitment
capacity by 25 percent. The United States must project strength, and
this legislation will ensure that the United States is ready to address
the challenges presented by adversaries such as Russia and China.
Mr. DeFAZIO. Madam Speaker, I yield 30 seconds to the gentlewoman
from New York (Ms. Malliotakis).
Ms. MALLIOTAKIS. Madam Speaker, my district is home to Coast Guard
Station New York and is the largest Coast Guard station on the East
Coast. This legislation authorizes $1.2 million in needed repairs to
ensure their mission and day-to-day operations continue. I thank
everyone for this bipartisan effort.
Madam Speaker, to say that Don Young was an amazing man would be an
understatement. He was one of the first Members I met as a freshman. He
advocated to help me to get on the Committee on Transportation and
Infrastructure. I know how much he loved the Coast Guard. I know how
much he loved Alaska. And it is so fitting that we are naming this
legislation after him.
Mr. GRAVES of Missouri. Madam Speaker, I yield 30 seconds to the
gentleman from Mississippi (Mr. Guest).
Mr. GUEST. Madam Speaker, I rise today in honor of the life and
service of the late Congressman Don Young of Alaska, former dean of the
United States House of Representatives. It is fitting that this Coast
Guard reauthorization, which we are considering today, is named in his
memory.
Congressman Young made a lasting impact on this institution and his
legacy of service will endure far into the future.
Mr. DeFAZIO. Mr. Speaker, I reserve the balance of my time.
Mr. GRAVES of Missouri. Madam Speaker, may I inquire how much time is
remaining?
The SPEAKER pro tempore. The gentleman from Missouri has 30 seconds
remaining.
Mr. GRAVES of Missouri. Madam Speaker, this is obviously a fitting
tribute, but we ran out of time. A lot of people wanted to say
something about Don, and I apologize that we ran out of time.
Madam Speaker, I close by thanking the chairman of both the committee
and the subcommittee and the ranking member, for putting this bill
together. It is very much a bipartisan effort. But I particularly want
to thank the staffs on both sides of the aisle for the work that they
did, and in particular, John Rayfield, who had the opportunity to work
with Chairman Young when he was chairman of the committee as well.
Madam Speaker, I urge my colleagues to support this very important
piece of legislation, and I yield back the balance of my time.
Mr. DeFAZIO. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, it was very fitting the tributes that we heard. We all
have stories about Don, and I wish we had more time to share, but his
many decades of work will stand as a monument to his life, and this
bill, in particular, will honor his extraordinary service on the
Committee on Transportation and Infrastructure. I think it was called
Public Works when Don first came to serve here.
Madam Speaker, I urge support for this bill. As I mentioned earlier,
we are finally recognizing that the Coast Guard has been under
resourced for decades. We are beginning to deal with that problem,
their shoreside infrastructure, their assets at sea, and in particular,
the extraordinary people who serve in the United States Coast Guard.
Madam Speaker, I am proud to have named the bill for Don. I would
urge that this bill be unanimously approved by our colleagues, and I
yield back the balance of my time.
Mr. CARSON. Madam Speaker, I rise to speak in support of H.R. 6865,
the Don Young Coast Guard Reauthorization Act of 2022.
I'd like to first acknowledge the sudden passing of Don Young, the
Dean of the House, and the former Chairman of the Committee on
Transportation and Infrastructure. I extend my condolences to his wife
and family, and also to his staff. I had the pleasure of working with
him on the Carson/Young bill, to create the National Center for the
Advancement of Aviation, which is a bipartisan and a bicameral bill to
improve aviation, which is so important to both of our states, Alaska
and Indiana. It's only fitting that today's Coast Guard bill is now
named in Congressman Young's memory.
Chairman DeFazio, I commend your leadership, and your collaboration
on this Coast Guard bill, with Ranking Member Graves, Coast Guard
Subcommittee Chair Carbajal and Ranking Member Gibbs. I am pleased to
join our committee colleagues in supporting the Coast Guard
Reauthorization Act because it will increase maritime safety and
efficiency.
Chairman DeFazio, I am especially grateful to you for working with me
over several years to develop the language that will finally address
the persistent problems with unsafe vessels, and including my Duck Boat
Safety Improvement Act in today's Coast Guard Reauthorization.
My Duck Boat Safety requirements, in Title III, Section 305, will
finally implement safety regulations for amphibious passenger vessels,
particularly those known as Duck Boats. These safety recommendations
were made by federal agencies to address repeated problems associated
with Duck Boats that have resulted in many injuries and fatalities that
may have been prevented.
I became much more aware of these problems when my constituents in
Indianapolis, the Coleman family, were involved in a horrible Duck Boat
accident on July 19, 2018 in Branson, Missouri. Tia Coleman was one of
only two survivors from her family of 11, losing her husband Glenn and
her children Reece (nine years old), Evan (seven years old), and Arya
(one year old). Tia's 13-year-old nephew, Donovan, was the other
surviving family member, losing his mother Angela, his younger brother
Maxwell (two years old), his uncles Ervin (76 years old) and Butch (70
years old), and his aunt Belinda (69 years old). Boarding a Duck Boat
on Table Rock Lake started out as a fun outing for family members, but
it turned into an unspeakable tragedy when the boat capsized and sank.
Seventeen of the 31 passengers on board were killed.
The National Transportation Safety Board (NTSB) and U.S. Coast Guard
have separately investigated the incident and the last few aspects of
the investigation should be completed soon.
But Congress should not wait to act. We know from past incidents that
more can and should be done to make these vessels safer. Since 1999,
more than 40 people have died in Duck Boats accidents, the vast
majority of them from drowning when the vessel sinks. The NTSB in 2002
issued recommendations to improve the safety of these vessels in
flooding or sinking situations but little has been done to implement
those measures.
Duck Boats are hybrid vehicles that can travel on roadways and
waterways, so the safety measures must be updated for both land and
waterborne operations.
The Duck Boat Safety Improvement Act will require vessel operators to
implement common-sense boating safety measures, including:
Improving reserve buoyancy and watertight compartmentalization to
prevent sinking,
Requiring more monitoring and adherence to severe weather alerts and
warnings,
Requiring release of road safety seatbelts when Duck Boats become
waterborne,
Requiring stronger crew safety training and certification,
Removing or reconfigure canopies and window coverings for waterborne
operations,
Requiring personal flotation devices for waterborne operations,
[[Page H3925]]
Requiring installation of better bilge pumps and alarms,
Installing underwater LED lights that activate automatically in
emergencies, and
Complying with other Coast Guard boating safety requirements.
These basic safety requirements will help save lives and prevent
future tragedies.
I hope my colleagues will join me in supporting today's bill to make
commonsense corrections to the persistent safety problems facing duck
boats. If we act today, we can help ensure that no other family has to
suffer the kind of tragedy faced by my constituents on Table Rock Lake.
I urge the House to support this bill.
Mrs. LURIA. Madam Speaker, I come from a coastal district in
Virginia, and the responsibilities and duties of the Coast Guard are
integral to our everyday activities.
While I will vote to support the Don Young Coast Guard Authorization
Act for all these reasons, I must express my concerns with language
that was added to the bill in committee that makes significant
modifications to crewing aboard the important and unique vessels that
do the work lifting turbines on our growing and important offshore wind
farms including a new project in development off the coast of Virginia.
This provision assumes that the United States presently has a
sufficient number of vessels and mariners to perform this work. But as
a recent report from DoE just states, we need 3-5 of these vessels and
hundreds of skilled workers but unfortunately we currently lack them.
The proposed crewing changes--which go into effect immediately--would
block the progress Virginia and other states along the Atlantic coast
are making to produce clean energy and reduce the negative impacts of
climate change.
I'm willing to continue working with the Members of the
Transportation and Infrastructure Committee on a reliable crewing
scheme that protects our national interests while ensuring that vital
energy work can be done. This is not the right time to make this
immediate and drastic change in the law.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Oregon (Mr. DeFazio) that the House suspend the rules
and pass the bill, H.R. 6865, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROY. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
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