[House Report 117-282]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2nd Session } { 117-282
======================================================================
COAST GUARD AUTHORIZATION ACT OF 2022
_______
March 29, 2022.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 6865]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 6865) to authorize appropriations
for the Coast Guard, and for other purposes, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose of Legislation........................................... 37
Background and Need for Legislation.............................. 37
Hearings......................................................... 44
Legislative History and Consideration............................ 45
Committee Votes.................................................. 45
Committee Oversight Findings..................................... 46
New Budget Authority and Tax Expenditures........................ 46
Congressional Budget Office Cost Estimate........................ 47
Performance Goals and Objectives................................. 47
Duplication of Federal Programs.................................. 47
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 47
Federal Mandates Statement....................................... 47
Preemption Clarification......................................... 47
Advisory Committee Statement..................................... 47
Applicability to Legislative Branch.............................. 48
Section-by-Section Analysis of the Legislation................... 48
Changes in Existing Law Made by the Bill, as Reported............ 58
The amendment is as follows:
Strike out all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Coast Guard
Authorization Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Shoreside infrastructure and facilities.
Sec. 104. Availability of amounts for acquisition of additional
cutters.
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
Sec. 201. Authorized strength.
Sec. 202. Continuation of officers with certain critical skills on
active duty.
Sec. 203. Number and distribution of officers on active duty promotion
list.
Sec. 204. Coast Guard behavioral health policy.
Sec. 205. Improving representation of women and of racial and ethnic
minorities among Coast Guard active-duty members.
Subtitle B--Operational Matters
Sec. 206. Pilot project for enhancing Coast Guard cutter readiness
through condition-based maintenance.
Sec. 207. Unmanned systems strategy.
Sec. 208. Budgeting of Coast Guard relating to certain operations.
Sec. 209. Report on San Diego maritime domain awareness.
Sec. 210. Great Lakes winter shipping.
Sec. 211. Center of expertise for Great Lakes oil spill search and
response.
Sec. 212. Study on laydown of Coast Guard cutters.
Subtitle C--Other Matters
Sec. 213. Responses of Commandant of the Coast Guard to safety
recommendations.
Sec. 214. Conveyance of Coast Guard vessels for public purposes.
Sec. 215. Acquisition life-cycle cost estimates.
Sec. 216. National Coast Guard Museum funding plan.
Sec. 217. Report on Coast Guard explosive ordnance disposal.
Sec. 218. Pribilof Island transition completion actions.
Sec. 219. Notification of communication outages.
TITLE III--MARITIME
Subtitle A--Shipping
Sec. 301. Nonoperating individual.
Sec. 302. Oceanographic research vessels.
Sec. 303. Atlantic Coast port access routes briefing.
Subtitle B--Vessel Safety
Sec. 304. Fishing vessel safety.
Sec. 305. Requirements for DUKW-type amphibious passenger vessels.
Sec. 306. Exoneration and limitation of liability for small passengers
vessels.
Sec. 307. Automatic identification system requirements.
Subtitle C--Shipbuilding Program
Sec. 308. Loans for retrofitting to qualify as a vessel of the United
States.
Sec. 309. Qualified vessel.
Sec. 310. Establishing a capital construction fund.
TITLE IV--MISCELLANEOUS
Subtitle A--Navigation
Sec. 401. Restriction on changing salvors.
Sec. 402. Towing vessel inspection fees.
Sec. 403. Providing requirements for vessels anchored in established
anchorage grounds.
Sec. 404. Aquatic Nuisance Species Task Force.
Sec. 405. Limitation on recovery for certain injuries incurred in
aquaculture activities.
Subtitle B--Other Matters
Sec. 406. Information on type approval certificates.
Sec. 407. Passenger vessel security and safety requirements.
Sec. 408. Cargo waiting time reduction.
Sec. 409. Limited indemnity provisions in standby oil spill response
contracts.
Sec. 410. Port Coordination Council for Point Spencer.
Sec. 411. Alaska oil spill planning criteria.
Sec. 412. Nonapplicability.
Sec. 413. Report on enforcement of coastwise laws.
Sec. 414. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 415. Center of Expertise for Marine Environmental Response.
Sec. 416. Prohibition on entry and operation.
Sec. 417. St. Lucie River railroad bridge.
Sec. 418. Assistance related to marine mammals.
Sec. 419. Manning and crewing requirements for certain vessels,
vehicles, and structures.
TITLE V--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 501. Definitions.
Sec. 502. Convicted sex offender as grounds for denial.
Sec. 503. Sexual harassment or sexual assault as grounds for suspension
or revocation.
Sec. 504. Accommodation; notices.
Sec. 505. Protection against discrimination.
Sec. 506. Alcohol prohibition.
Sec. 507. Surveillance requirements.
Sec. 508. Master key control.
Sec. 509. Safety management systems.
Sec. 510. Requirement to report sexual assault and harassment.
Sec. 511. Civil actions for personal injury or death of seamen.
Sec. 512. Administration of sexual assault forensic examination kits.
TITLE VI--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 601. Technical corrections.
Sec. 602. Transportation worker identification credential technical
amendments.
Sec. 603. Reinstatement.
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 Station, New York, waterfront,
including repairs to the concrete pier; and
(2) replace floating piers Alpha and Bravo, the South
Breakwater and Ice Screen, the North Breakwater and Ice Screen,
and the seawall.
SEC. 104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL
CUTTERS.
(a) In General.--Of the amounts authorized to be appropriated under--
(1) section 4902(2)(A)(i) of title 14, United States Code, as
amended by section 101 of this title, for fiscal year 2022;
(A) $300,000,000 shall be authorized for the
acquisition of a twelfth National Security Cutter; and
(B) $210,000,000 shall be authorized for the
acquisition of 3 Fast Response Cutters; and
(2) section 4902(2)(A)(ii) of title 14, United States Code,
as amended by section 101 of this title, for fiscal year 2023;
(A) $300,000,000 shall be authorized for the
acquisition of a twelfth National Security Cutter; and
(B) $210,000,000 shall be authorized for the
acquisition of 3 Fast Response Cutters.
(b) Treatment of Acquired Cutter.--Any cutter acquired using amounts
authorized under subsection (a) shall be in addition to the National
Security Cutters and Fast Response Cutters approved under the existing
acquisition baseline in the program of record for the National Security
Cutter and Fast Response Cutter.
(c) Great Lakes Icebreaker Acquisition.--Of the amounts authorized to
be appropriated under section 4902(2)(A)(ii) of title 14, United States
Code--
(1) for fiscal year 2022, $350,000,000 shall be authorized
for the acquisition of a Great Lakes icebreaker at least as
capable as Coast Guard Cutter Mackinaw (WLBB-30); and
(2) for fiscal year 2023, $20,000,000 shall be authorized for
the design and selection of icebreaking cutters for operation
in the Great Lakes, the Northeastern United States, and the
Arctic, as appropriate, that are at least as capable as the
Coast Guard 140-foot icebreaking tugs.
(d) Drug and Migrant Interdiction.--Of the Fast Response Cutters
authorized for acquisition under subsection (a), at least 1 shall be
used for drug and migrant interdiction in the Caribbean Basin
(including the Gulf of Mexico).
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
SEC. 201. AUTHORIZED STRENGTH.
Section 3702 of title 14, United States Code, is amended by adding at
the end the following:
``(c) The Secretary may vary the authorized end strength of the Coast
Guard Selected Reserves for a fiscal year by a number equal to not more
than 3 percent of such end strength upon a determination by the
Secretary that varying such authorized end strength is in the national
interest.
``(d) The Commandant may increase the authorized end strength of the
Coast Guard Selected Reserves by a number equal to not more than 2
percent of such authorized end strength upon a determination by the
Commandant that such increase would enhance manning and readiness in
essential units or in critical specialties or ratings.''.
SEC. 202. CONTINUATION OF OFFICERS WITH CERTAIN CRITICAL SKILLS ON
ACTIVE DUTY.
(a) In General.--Chapter 21 of title 14, United States Code, is
amended by inserting after section 2165 the following:
``Sec. 2166. Continuation on active duty; Coast Guard officers with
certain critical skills
``(a) In General.--The Commandant may authorize an officer in a grade
above grade O-2 to remain on active duty after the date otherwise
provided for the retirement of such officer in section 2154 of this
title, if the officer possesses a critical skill, or specialty, or is
in a career field designated pursuant to subsection (b).
``(b) Critical Skills, Specialty, or Career Field.--The Commandant
shall designate any critical skill, specialty, or career field eligible
for continuation on active duty as provided in subsection (a).
``(c) Duration of Continuation.--An officer continued on active duty
pursuant to this section shall, if not earlier retired, be retired on
the first day of the month after the month in which the officer
completes 40 years of active service.
``(d) Policy.--The Commandant shall carry out this section by
prescribing policy which shall specify the criteria to be used in
designating any critical skill, specialty, or career field for purposes
of subsection (b).''.
(b) Clerical Amendment.--The analysis for chapter 21 of title 14,
United States Code, is amended by inserting after the item relating to
section 2165 the following:
``2166. Continuation on active duty; Coast Guard officers with certain
critical skills.''.
SEC. 203. NUMBER AND DISTRIBUTION OF OFFICERS ON ACTIVE DUTY PROMOTION
LIST.
(a) Maximum Number of Officers.--Section 2103(a) of title 14, United
States Code, is amended to read as follows:
``(a) Maximum Total Number.--
``(1) In general.--The total number of Coast Guard
commissioned officers on the active duty promotion list,
excluding warrant officers, shall not exceed--
``(A) 7,100 in fiscal year 2022;
``(B) 7,200 in fiscal year 2023;
``(C) 7,300 in fiscal year 2024; and
``(D) 7,400 in fiscal year 2025 and each subsequent
fiscal year.
``(2) Temporary increase.--Notwithstanding paragraph (1), the
Commandant may temporarily increase the total number of
commissioned officers permitted under such paragraph by up to 2
percent for no more than 60 days following the date of the
commissioning of a Coast Guard Academy class.
``(3) Notification.--Not later than 30 days after exceeding
the total number of commissioned officers permitted under
paragraph (1), and each 30 days thereafter until the total
number of commissioned officers no longer exceeds the number of
such officers permitted under paragraph (1), the Commandant
shall notify the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate of the number of
officers on the active duty promotion list on the last day of
the preceding 30-day period.''.
(b) Officers Not on Active Duty Promotion List.--
(1) In general.--Chapter 51 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 5113. Officers not on active duty promotion list
``Not later than 60 days after the date on which the President
submits to Congress a budget pursuant to section 1105 of title 31, the
Commandant shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate the number of Coast
Guard officers serving at other Federal entities on a reimbursable
basis but not on the active duty promotion list.''.
(2) Clerical amendment.--The analysis for chapter 51 of title
14, United States Code, is amended by adding at the end the
following:
``5113. Officers not on active duty promotion list.''.
SEC. 204. COAST GUARD BEHAVIORAL HEALTH POLICY.
(a) Interim Behavioral Health Policy.--Not later than 60 days after
the date of enactment of this Act, the Commandant of the Coast Guard
shall establish an interim behavioral health policy for members of the
Coast Guard equivalent to the policy described in section 5.28
(relating to behavioral health) of Department of Defense Instruction
6130.03, volume 2, ``Medical Standards for Military Service:
Retention''.
(b) Termination.--The interim policy established under subsection (a)
shall remain in effect until the date on which the Commandant issues a
permanent behavior health policy for members of the Coast Guard which
is, to the extent practicable, equivalent to such section 5.28.
SEC. 205. IMPROVING REPRESENTATION OF WOMEN AND OF RACIAL AND ETHNIC
MINORITIES AMONG COAST GUARD ACTIVE-DUTY MEMBERS.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Commandant of the Coast Guard shall--
(1) determine which recommendations in the RAND
representation report can practicably be implemented to promote
improved representation in the Coast Guard of--
(A) women; and
(B) racial and ethnic minorities; and
(2) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the actions the Commandant has taken, or
plans to take, to implement such recommendations.
(b) Curriculum and Training.--The Commandant shall update, to reflect
actions described under subsection (a)(2), the curriculum and training
materials used at--
(1) officer accession points, including the Coast Guard
Academy and the Leadership Development Center;
(2) enlisted member accession at the United States Coast
Guard Training Center Cape May in Cape May, New Jersey; and
(3) the officer, enlisted member, and civilian leadership
courses managed by the Leadership Development Center.
(c) Definition.--In this section, the term ``RAND representation
report'' means the report titled ``Improving the Representation of
Women and Racial/Ethnic Minorities Among U.S. Coast Guard Active-Duty
Members'' issued by the Homeland Security Operational Analysis Center
of the RAND Corporation on August 11, 2021.
Subtitle B--Operational Matters
SEC. 206. PILOT PROJECT FOR ENHANCING COAST GUARD CUTTER READINESS
THROUGH CONDITION-BASED MAINTENANCE.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Commandant of the Coast Guard shall conduct a pilot
project to enhance cutter readiness and reduce lost patrol days through
the deployment of commercially developed condition-based program
standards for cutter maintenance, in accordance with the criteria set
forth in subsection (b).
(b) Criteria for Condition-Based Maintenance Evaluation.--In
conducting the pilot project under subsection (a), the Commandant
shall--
(1) select at least 1 legacy cutter asset and 1 class of
cutters under construction with respect to which the
application of the pilot project would enhance readiness;
(2) use commercially developed condition-based program
standards similar to those applicable to privately owned and
operated vessels or vessels owned or operated by other Federal
agencies (such as those currently operating under the direction
of Military Sealift Command);
(3) create and model a full ship digital twin for the cutters
selected under paragraph (1);
(4) install or modify instrumentation capable of producing
full hull, mechanical, and electrical data necessary to analyze
cutter operational conditions with active maintenance alerts;
and
(5) deploy artificial intelligence, prognostic-based
integrated maintenance planning modeled after standards
described in paragraph (2).
(c) Report to Congress.--The Commandant shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives--
(1) an interim report not later than 6 months after the date
of enactment of this Act on the progress in carrying out the
pilot project described in subsection (a); and
(2) a final report not later than 2 years after the date of
enactment of this Act on the results of the pilot project
described in subsection (a) that includes--
(A) options to integrate commercially developed
condition-based program standards for cutter
maintenance to Coast Guard cutters; and
(B) plans to deploy commercially developed condition-
based program standards for cutter maintenance to Coast
Guard cutters.
SEC. 207. UNMANNED SYSTEMS STRATEGY.
(a) Submission to Congress.--Not later than 180 days after the date
of enactment of this Act, the Commandant of the Coast Guard shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a detailed description of the strategy of
the Coast Guard to implement unmanned systems across mission areas,
including--
(1) the steps taken to implement actions recommended in the
consensus study report of the National Academies of Sciences,
Engineering, and Medicine published on November 12, 2020,
titled ``Leveraging Unmanned Systems for Coast Guard Missions:
A Strategic Imperative'';
(2) the strategic goals and acquisition strategies for
proposed uses and procurements of unmanned systems;
(3) a strategy to sustain competition and innovation for
procurement of unmanned systems and services for the Coast
Guard, including defining opportunities for new and existing
technologies; and
(4) an estimate of the timeline, costs, staff resources,
technology, or other resources necessary to accomplish the
strategy.
(b) Pilot Project.--
(1) Autonomous control and computer vision technology.--The
Commandant of the Coast Guard, acting through the Blue
Technology Center of Expertise, shall conduct a pilot project
to retrofit an existing Coast Guard small boat with--
(A) commercially available autonomous control and
computer vision technology; and
(B) such sensors and methods of communication as are
necessary to demonstrate the ability of such control
and technology to assist in conducting search and
rescue, surveillance, and interdiction missions.
(2) Collection of data.--The pilot project under paragraph
(1) shall evaluate commercially available products in the field
and collect operational data to inform future requirements.
(3) Briefing.--Not later than 6 months after completing the
pilot project required under paragraph (1), the Commandant
shall brief the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on commerce,
Science, and Transportation of the Senate on the evaluation of
the data derived from the project.
SEC. 208. BUDGETING OF COAST GUARD RELATING TO CERTAIN OPERATIONS.
(a) In General.--Chapter 51 of title 14, United States Code, is
further amended by adding at the end the following:
``Sec. 5114. Expenses of performing and executing defense readiness
mission activities
``The Commandant of the Coast Guard shall include in the annual
budget submission of the President under section 1105(a) of title 31, a
dedicated budget line item that adequately represents a calculation of
the annual costs and expenditures of performing and executing all
defense readiness mission activities, including--
``(1) all expenses related to the Coast Guard's coordination,
training, and execution of defense readiness mission activities
in the Coast Guard's capacity as an Armed Force (as such term
is defined in section 101 of title 10) in support of Department
of Defense national security operations and activities or for
any other military department or defense agency (as such terms
are defined in such section);
``(2) costs associated with Coast Guard detachments assigned
in support of the Coast Guard's defense readiness mission; and
``(3) any other expenses, costs, or matters the Commandant
determines appropriate or otherwise of interest to Congress.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 14,
United States Code, is further amended by adding at the end the
following:
``5114. Expenses of performing and executing defense readiness mission
activities.''.
SEC. 209. REPORT ON SAN DIEGO MARITIME DOMAIN AWARENESS.
Not later than 180 days after the date of enactment of this Act, the
Commandant of the Coast Guard shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report containing--
(1) an overview of the maritime domain awareness in the area
of responsibility of the Coast Guard sector responsible for San
Diego, California, including--
(A) the average volume of known maritime traffic that
transited the area during fiscal years 2020 through
2022;
(B) current sensor platforms deployed by such sector
to monitor illicit activity occurring at sea in such
area;
(C) the number of illicit activity incidents at sea
in such area that the sector responded to during fiscal
years 2020 through 2022;
(D) an estimate of the volume of traffic engaged in
illicit activity at sea in such area and the type and
description of any vessels used to carry out illicit
activities that such sector responded to during fiscal
years 2020 through 2022; and
(E) the maritime domain awareness requirements to
effectively meet the mission of such sector;
(2) a description of current actions taken by the Coast Guard
to partner with Federal, regional, State, and local entities to
meet the maritime domain awareness needs of such area;
(3) a description of any gaps in maritime domain awareness
within the area of responsibility of such sector resulting from
an inability to meet the enduring maritime domain awareness
requirements of the sector or adequately respond to maritime
disorder;
(4) an identification of current technology and assets the
Coast Guard has to mitigate the gaps identified in paragraph
(3);
(5) an identification of capabilities needed to mitigate such
gaps, including any capabilities the Coast Guard currently
possesses that can be deployed to the sector;
(6) an identification of technology and assets the Coast
Guard does not currently possess and are needed to acquire in
order to address such gaps; and
(7) an identification of any financial obstacles that prevent
the Coast Guard from deploying existing commercially available
sensor technology to address such gaps.
SEC. 210. GREAT LAKES WINTER SHIPPING.
(a) Great Lakes Icebreaking Operations.--
(1) Government accountability office report.--
(A) In general.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General of
the United States shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives a report on Coast Guard
icebreaking in the Great Lakes.
(B) Elements.--The report required under subparagraph
(A) shall--
(i) evaluate--
(I) the economic impact related to
vessel delays or cancellations
associated with ice coverage on the
Great Lakes;
(II) the impact the standards
proposed in paragraph (2) would have on
Coast Guard operations in the Great
Lakes if such standards were adopted;
(III) the fleet mix of medium
icebreakers and icebreaking tugs
necessary to meet the standards
proposed in paragraph (2); and
(IV) the resources necessary to
support the fleet described in
subclause (III), including billets for
crew and operating costs; and
(ii) make recommendations to the Commandant
for improvements to the Great Lakes icebreaking
program, including with respect to facilitating
shipping and meeting all Coast Guard mission
needs.
(2) Proposed standards for icebreaking operations.--The
proposed standards, the impact of the adoption of which is
evaluated in subclauses (II) and (III) of paragraph (1)(B)(i),
are the following:
(A) Except as provided in subparagraph (B), the ice-
covered waterways in the Great Lakes shall be open to
navigation not less than 90 percent of the hours that
vessels engaged in commercial service and ferries
attempt to transit such ice-covered waterways.
(B) In a year in which the Great Lakes are not open
to navigation, as described in subparagraph (A),
because of ice of a thickness that occurs on average
only once every 10 years, ice-covered waterways in the
Great Lakes shall be open to navigation at least 70
percent of the hours that vessels engaged in commercial
service and ferries attempt to transit such ice-covered
waterways.
(3) Report by commandant.--Not later than 90 days after the
date on which the Comptroller General submits the report under
paragraph (1), the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes the following:
(A) A plan for Coast Guard implementation of any
recommendation made by the Comptroller General under
paragraph (1)(B)(ii) with which the Commandant concurs.
(B) With respect to any recommendation made under
paragraph (1)(B)(ii) with which the Commandant does not
concur, an explanation of the reasons why the
Commandant does not concur.
(C) A review of, and a proposed implementation plan
for, the results of the fleet mix analysis under
paragraph (1)(B)(i)(III).
(D) Any proposed modifications to current Coast Guard
standards for icebreaking operations in the Great
Lakes.
(4) Pilot program.--During the 5 ice seasons following the
date of enactment of this Act, the Coast Guard shall conduct a
pilot program to determine the extent to which the current
Coast Guard Great Lakes icebreaking cutter fleet can meet the
proposed standards described in paragraph (2).
(b) Data on Icebreaking Operations in the Great Lakes.--
(1) In general.--The Commandant shall collect, during ice
season, archive, and disseminate data on icebreaking operations
and transits on ice-covered waterways in the Great Lakes of
vessels engaged in commercial service and ferries.
(2) Elements.--Data collected, archived, and disseminated
under paragraph (1) shall include the following:
(A) Voyages by vessels engaged in commercial service
and ferries to transit ice-covered waterways in the
Great Lakes that are delayed or canceled because of the
nonavailability of a suitable icebreaking vessel.
(B) Voyages attempted by vessels engaged in
commercial service and ferries to transit ice-covered
waterways in the Great Lakes that do not reach their
intended destination because of the nonavailability of
a suitable icebreaking vessel.
(C) The period of time that each vessel engaged in
commercial service or ferry was delayed in getting
underway or during a transit of ice-covered waterways
in the Great Lakes due to the nonavailability of a
suitable icebreaking vessel.
(D) The period of time elapsed between each request
for icebreaking assistance by a vessel engaged in
commercial service or ferry and the arrival of a
suitable icebreaking vessel and whether such
icebreaking vessel was a Coast Guard or commercial
asset.
(E) The percentage of hours that Great Lakes ice-
covered waterways were open to navigation while vessels
engaged in commercial service and ferries attempted to
transit such waterways for each ice season after the
date of enactment of this Act.
(F) Relevant communications of each vessel engaged in
commercial service or ferry with the Coast Guard or
commercial icebreaking service providers with respect
to subparagraphs (A) through (D).
(G) A description of any mitigating circumstance,
such as Coast Guard Great Lakes icebreaker diversions
to higher priority missions, that may have contributed
to the amount of time described in subparagraphs (C)
and (D) or the percentage of time described in
subparagraph (E).
(3) Voluntary reporting.--Any reporting by operators of
commercial vessels engaged in commercial service or ferries
under this section shall be voluntary.
(4) Public availability.--The Commandant shall make the data
collected, archived, and disseminated under this subsection
available to the public on a publicly accessible internet
website of the Coast Guard.
(5) Consultation with industry.--With respect to the Great
Lakes icebreaking operations of the Coast Guard and the
development of the data collected, archived, and disseminated
under this subsection, the Commandant shall consult operators
of--
(A) vessels engaged in commercial service; and
(B) ferries.
(c) Report on Common Hull Design.--Section 8105 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is amended by striking subsection (b) and
inserting the following:
``(b) Report.--Not later than 90 days after the date of enactment of
this subsection, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report on the operational benefits and limitations of a common hull
design for icebreaking cutters for operation in the Great Lakes, the
Northeastern United States, and the Arctic, as appropriate, that are at
least as capable as the Coast Guard 140-foot icebreaking tugs.''.
(d) Definitions.--In this section:
(1) Commercial service.--The term ``commercial service'' has
the meaning given such term in section 2101 of title 46, United
States Code.
(2) Great lakes.--The term ``Great Lakes''--
(A) has the meaning given such term in section 118 of
the Federal Water Pollution Control Act (33 U.S.C.
1268); and
(B) includes harbors adjacent to such waters.
(3) Ice-covered waterway.--The term ``ice-covered waterway''
means any portion of the Great Lakes in which vessels engaged
in commercial service or ferries operate that is 70 percent or
greater covered by ice, but does not include any waters
adjacent to piers or docks for which commercial icebreaking
services are available and adequate for the ice conditions.
(4) Open to navigation.--The term ``open to navigation''
means navigable to the extent necessary to--
(A) meet the reasonable demands of shipping;
(B) minimize delays to passenger ferries;
(C) extricate vessels and persons from danger;
(D) prevent damage due to flooding; and
(E) conduct other Coast Guard missions, as required.
(5) Reasonable demands of shipping.--The term ``reasonable
demands of shipping'' means the safe movement of vessels
engaged in commercial service and ferries transiting ice-
covered waterways in the Great Lakes to their intended
destination, regardless of type of cargo.
SEC. 211. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL SEARCH AND
RESPONSE.
Section 807(d) of the Frank LoBiondo Coast Guard Authorization Act of
2018 (14 U.S.C. 313 note) is amended to read as follows:
``(d) Definition.--In this section, the term `Great Lakes' means--
``(1) Lake Ontario;
``(2) Lake Erie;
``(3) Lake Huron (including Lake St. Clair);
``(4) Lake Michigan;
``(5) Lake Superior; and
``(6) the connecting channels (including the following rivers
and tributaries of such rivers: Saint Mary's River, Saint Clair
River, Detroit River, Niagara River, Illinois River, Chicago
River, Fox River, Grand River, St. Joseph River, St. Louis
River, Menominee River, Muskegon River, Kalamazoo River, and
Saint Lawrence River to the Canadian border).''.
SEC. 212. STUDY ON LAYDOWN OF COAST GUARD CUTTERS.
Not later than 120 days after the date of enactment of this Act, the
Secretary of Homeland Security, in consultation with the Secretary of
Transportation, shall conduct a study on the laydown of Coast Guard
Fast Response Cutters to assess Coast Guard mission readiness and to
identify areas of need for asset coverage.
Subtitle C--Other Matters
SEC. 213. RESPONSES OF COMMANDANT OF THE COAST GUARD TO SAFETY
RECOMMENDATIONS.
(a) In General.--Chapter 7 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 721. Responses to safety recommendations
``(a) In General.--Not later than 90 days after the submission to the
Commandant of the Coast Guard of a recommendation by the National
Transportation Safety Board relating to transportation safety, the
Commandant shall submit to the Board a written response to each
recommendation, which shall include whether the Commandant--
``(1) concurs with the recommendation;
``(2) partially concurs with the recommendation; or
``(3) does not concur with the recommendation.
``(b) Explanation of Concurrence.--A response under subsection (a)
shall include--
``(1) with respect to a recommendation to which the
Commandant concurs, an explanation of the actions the
Commandant intends to take to implement such recommendation;
``(2) with respect to a recommendation to which the
Commandant partially concurs, an explanation of the actions the
Commandant intends to take to implement the portion of such
recommendation with which the Commandant partially concurs; and
``(3) with respect to a recommendation to which the
Commandant does not concur, the reasons why the Commandant does
not concur with such recommendation.
``(c) Failure To Respond.--If the Board has not received the written
response required under subsection (a) by the end of the time period
described in such subsection, the Board shall notify the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
that such response has not been received.''.
(b) Clerical Amendment.--The analysis for chapter 7 of title 14,
United States Code, is amended by inserting after the item relating to
section 720 the following:
``721. Responses to safety recommendations.''.
SEC. 214. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.
(a) Redesignation and Transfer.--
(1) In general.--Section 914 of the Coast Guard Authorization
Act of 2010 (Public Law 111-281) is transferred to chapter 5 of
title 14, United States Code, inserted after section 508,
redesignated as section 509, and amended so that the
enumerator, section heading, typeface, and typestyle conform to
those appearing in other sections in title 46, United States
Code.
(2) Clerical amendments.--
(A) Coast guard authorization act of 2010.--The table
of contents in section 1(b) of the Coast Guard
Authorization Act of 2010 (Public Law 111-281) is
amended by striking the item relating to section 914.
(B) Title 46.--The analysis for chapter 5 of title
14, United States Code, is amended by inserting after
the item relating to section 508 the following:
``509. Conveyance of Coast Guard vessels for public purposes.''.
(b) Conveyance of Coast Guard Vessels for Public Purposes.--Section
509 of title 14, United States Code (as transferred and redesignated
under subsection (a)), is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--At the request of the Commandant, the
Administrator of the General Services Administration may transfer
ownership of a Coast Guard vessel or aircraft to an eligible entity for
use for educational, cultural, historical, charitable, recreational, or
other public purposes if such transfer is authorized by law.''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``as if such a request were
being processed'' after ``vessels''; and
(ii) by inserting ``, as in effect on the
date of enactment of the Coast Guard
Authorization Act of 2021'' after ``Code of
Federal Regulations''; and
(B) in paragraph (2) by inserting ``, as in effect on
the date of enactment of the Coast Guard Authorization
Act of 2021'' after ``such title''.
SEC. 215. ACQUISITION LIFE-CYCLE COST ESTIMATES.
Section 1132(e) of title 14, United States Code, is amended by
striking paragraphs (2) and (3) and inserting the following:
``(2) Types of estimates.--For each Level 1 or Level 2
acquisition project or program, in addition to life-cycle cost
estimates developed under paragraph (1), the Commandant shall
require that--
``(A) such life-cycle cost estimates be updated
before--
``(i) each milestone decision is concluded;
and
``(ii) the project or program enters a new
acquisition phase; and
``(B) an independent cost estimate or independent
cost assessment, as appropriate, be developed to
validate such life-cycle cost estimates developed under
paragraph (1).''.
SEC. 216. NATIONAL COAST GUARD MUSEUM FUNDING PLAN.
Section 316(c)(4) of title 14, United States Code, is amended by
striking ``the Inspector General of the department in which the Coast
Guard is operating'' and inserting ``a third party entity qualified to
undertake such a certification process''.
SEC. 217. REPORT ON COAST GUARD EXPLOSIVE ORDNANCE DISPOSAL.
(a) In General.--Not later than 1 year after the date of enactment of
this Act, the Commandant of the Coast Guard shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the viability of establishing
an explosive ordnance disposal program (hereinafter referred to as the
``Program'') in the Coast Guard.
(b) Contents.--The report required under subsection (a) shall
contain, at a minimum, an explanation of the following with respect to
such a Program:
(1) Where within the organizational structure of the Coast
Guard the Program would be located, including a discussion of
whether the Program should reside in--
(A) Maritime Safety and Security Teams;
(B) Maritime Security Response Teams;
(C) a combination of the teams described under
subparagraphs (A) and (B); or
(D) elsewhere within the Coast Guard.
(3) The vehicles and dive craft that are Coast Guard airframe
and vessel transportable that would be required for the
transportation of explosive ordnance disposal elements.
(4) The Coast Guard stations at which--
(A) portable explosives storage magazines would be
available for explosive ordnance disposal elements; and
(B) explosive ordnance disposal elements equipment
would be pre-positioned.
(5) How the Program would support other elements within the
Department of Homeland Security, the Department of Justice, and
in wartime, the Department of Defense to--
(A) counter improvised explosive devices;
(B) counter unexploded ordnance;
(C) combat weapons of destruction;
(D) provide service in support of the President; and
(E) support national security special events.
(6) The career progression of Coast Guardsman participating
in the Program from--
(A) Seaman Recruit to Command Master Chief Petty
Officer;
(B) Chief Warrant Officer 2 to that of Chief Warrant
Officer 4; and
(C) Ensign to that of Rear Admiral.
(7) Initial and annual budget justification estimates on a
single program element of the Program for--
(A) civilian and military pay with details on
military pay, including special and incentive pays such
as--
(i) officer responsibility pay;
(ii) officer SCUBA diving duty pay;
(iii) officer demolition hazardous duty pay;
(iv) enlisted SCUBA diving duty pay;
(v) enlisted demolition hazardous duty pay;
(vi) enlisted special duty assignment pay at
level special duty-5;
(vii) enlisted assignment incentive pays;
(viii) enlistment and reenlistment bonuses;
(ix) officer and enlisted full civilian
clothing allowances;
(x) an exception to the policy allowing a
third hazardous duty pay for explosive ordnance
disposal-qualified officers and enlisted; and
(xi) parachutist hazardous duty pay;
(B) research, development, test, and evaluation;
(C) procurement;
(D) other transaction agreements;
(E) operations and support; and
(F) overseas contingency operations.
SEC. 218. PRIBILOF ISLAND TRANSITION COMPLETION ACTIONS.
(a) Extensions.--Section 524 of the Pribilof Island Transition
Completion Act of 2016 (Public Law 114-120) is amended--
(1) in subsection (b)(5) by striking ``5 years'' and
inserting ``6 years''; and
(2) in subsection (c)(3) by striking ``60 days'' and
inserting ``120 days''.
(b) Actual Use and Occupancy Reports.--Not later than 90 days after
enactment of this Act, and quarterly thereafter, the Secretary of the
department in which the Coast Guard is operating shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing--
(1) the degree to which Coast Guard personnel and equipment
are deployed to St. Paul Island, Alaska, in actual occupancy of
the facilities, as required under section 524 of the Pribilof
Island Transition Completion Act of 2016 (Public Law 114-120);
and
(2) the status of the activities described in subsections (c)
and (d) until such activities have been completed.
(c) Aircraft Hanger.--The Secretary may--
(1) enter into a lease for a hangar to house deployed Coast
Guard aircraft if such hanger was previously under lease by the
Coast Guard for purposes of housing such aircraft; and
(2) may enter into an agreement with the lessor of such a
hanger in which the Secretary may carry out repairs necessary
to support the deployment of such aircraft and the cost such
repairs may be offset under the terms of the lease.
(d) Fuel Tank.--
(1) Determination.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall determine whether
the fuel tank located on St. Paul Island, Alaska, that is owned
by the Coast Guard is needed for Coast Guard operations.
(2) Transfer.--Subject to paragraph (3), if the Secretary
determines such tank is not needed for operations, the
Secretary shall, not later than 90 days after making such
determination, transfer such tank to the Alaska Native Village
Corporation for St. Paul Island, Alaska.
(3) Fair market value exception.--The Secretary may only
carry out a transfer under paragraph (2) if the fair market
value of such tank is less than the aggregate value of any
lease payments for the property on which the tank is located
that the Coast Guard would have paid to the Alaska Native
Village Corporation for St. Paul Island, Alaska, had such lease
been extended at the same rate.
(e) Savings Clause.--Nothing in this section shall be construed to
limit any rights of the Alaska Native Village Corporation for St. Paul
to receive conveyance of all or part of the lands and improvements
related to Tract 43 under the same terms and conditions as prescribed
in section 524 of the Pribilof Island Transition Completion Act of 2016
(Public Law 114-120).
SEC. 219. NOTIFICATION OF COMMUNICATION OUTAGES.
Not later than 180 days after the date of enactment of this Act, the
Commandant of the Coast Guard shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report that--
(1) contains a plan for the Coast Guard to notify mariners of
radio outages for towers owned and operated by the Coast Guard
in District 17;
(2) address in such plan how the Coast Guard in District 17
will--
(A) disseminate outage updates regarding outages on
social media at least every 48 hours;
(B) provide updates on a publicly accessible website
at least every 48 hours;
(C) develop methods for notifying mariners where
cellular connectivity does not exist;
(D) generate receipt confirmation and acknowledgment
of outages from mariners; and
(E) develop and advertise a web-based communications
update hub on AM/FM radio for mariners; and
(3) identifies technology gaps necessary to implement the
plan and provide a budgetary assessment necessary to implement
the plan.
TITLE III--MARITIME
Subtitle A--Shipping
SEC. 301. NONOPERATING INDIVIDUAL.
Section 8313(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended
by striking ``the date that is 2 years after the date of the enactment
of this Act'' and inserting ``January 1, 2025''.
SEC. 302. OCEANOGRAPHIC RESEARCH VESSELS.
(a) Report Required.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of the department in which the Coast Guard is
operating, shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report detailing
the total number of vessels known or estimated to operate or to have
operated under section 50503 of title 46, United States Code, during
each of the past 10 fiscal years.
(b) Contents.--The report required by subsection (a) shall include
the following elements:
(1) The total number of foreign-flagged vessels known or
estimated to operate or to have operated as oceanographic
research vessels (as such term is defined in section 2101 of
title 46, United States Code) during each of the past 10 fiscal
years.
(2) The total number of United States-flagged vessels known
or estimated to operate or to have operated as oceanographic
research vessels (as such term is defined section 2101 of title
46, United States Code) during each of the past 10 fiscal
years.
SEC. 303. ATLANTIC COAST PORT ACCESS ROUTES BRIEFING.
Not later than 30 days after the date of enactment of this Act, and
every 30 days thereafter until the requirements of section 70003 of
title 46, United States Code, are fully executed with respect to the
Atlantic Coast Port Access Route, the Secretary of the department in
which the Coast Guard is operating shall brief the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
any progress made to execute such requirements.
Subtitle B--Vessel Safety
SEC. 304. FISHING VESSEL SAFETY.
(a) In General.--Chapter 45 of title 46, United States Code, is
amended--
(1) in section 4502(f)(2) by striking ``certain vessels
described in subsection (b) if requested by the owner or
operator; and'' and inserting ``vessels described in subsection
(b) if--
``(A) requested by an owner or operator; or
``(B) the vessel is--
``(i) at least 50 feet overall in length;
``(ii) built before July 1, 2013; and
``(iii) 25 years of age or older; and'';
(2) in section 4503(b) by striking ``Except as provided in
section 4503a, subsection (a)'' and inserting ``Subsection
(a)''; and
(3) by repealing section 4503a.
(b) Alternative Safety Compliance Agreements.--Nothing in this
section or the amendments made by this section shall be construed to
affect or apply to any alternative compliance and safety agreement
entered into by the Coast Guard that is in effect on the date of
enactment of this Act.
(c) Conforming Amendments.--The table of sections in chapter 45 of
title 46, United States Code, is amended by striking the item relating
to section 4503a.
SEC. 305. REQUIREMENTS FOR DUKW-TYPE AMPHIBIOUS PASSENGER VESSELS.
(a) Regulations Required.--Not later than 1 year after the date of
enactment of this Act, the Commandant of the Coast Guard shall issue
regulations for DUKW-type amphibious passenger vessels operating in
waters subject to the jurisdiction of the United States, as defined in
section 2.38 of title 33, Code of Federal Regulations (as in effect on
the date of enactment of this Act).
(b) Deadline for Compliance.--The regulations issued under subsection
(a) shall take effect not later than 24 months after the date of
enactment of this Act.
(c) Requirements.--The regulations required under subsection (a)
shall include the following:
(1) A requirement that operators of DUKW-type amphibious
passenger vessels provide reserve buoyancy for such vessels
through passive means, including watertight
compartmentalization, built-in flotation, or such other means
as determined appropriate by the Commandant, in order to ensure
that such vessels remain afloat and upright in the event of
flooding, including when carrying a full complement of
passengers and crew.
(2) A requirement that an operator of a DUKW-type amphibious
passenger vessel--
(A) review and notate the forecast of the National
Weather Service of the National Oceanic and Atmospheric
Administration in the logbook of the vessel before
getting underway and periodically while underway;
(B) proceed to the nearest harbor or safe refuge in
any case in which a watch or warning is issued for wind
speeds exceeding the wind speed equivalent used to
certify the stability of such DUKW-type amphibious
passenger vessel; and
(C) maintain and monitor a weather monitor radio
receiver at the operator station of the vessel that is
automatically activated by the warning alarm device of
the National Weather Service.
(3) A requirement that--
(A) operators of DUKW-type amphibious passenger
vessels inform passengers that seat belts may not be
worn during waterborne operations;
(B) before the commencement of waterborne operations,
a crew member shall visually check that the seatbelt of
each passenger is unbuckled; and
(C) operators or crew maintain a log recording the
actions described in subparagraphs (A) and (B).
(4) A requirement for annual training for operators and crew
of DUKW-type amphibious passengers vessels, including--
(A) training for personal flotation and seat belt
requirements, verifying the integrity of the vessel at
the onset of each waterborne departure, identification
of weather hazards, and use of National Weather Service
resources prior to operation; and
(B) training for crew to respond to emergency
situations, including flooding, engine compartment
fires, man-overboard situations, and in water emergency
egress procedures.
(d) Consideration.--In issuing the regulations required under
subsection (a), the Commandant shall consider whether personal
flotation devices should be required for the duration of the waterborne
transit of a DUKW-type amphibious passenger vessel.
(e) Interim Requirements.--Beginning on the date on which the
regulations under subsection (a) are issued, the Commandant shall
require that operators of DUKW-type amphibious passenger vessels that
are not in compliance with such regulations shall be subject to the
following requirements:
(1) Remove the canopies and any window coverings of such
vessels for waterborne operations, or install in such vessels a
canopy that does not restrict horizontal or vertical escape by
passengers in the event of flooding or sinking.
(2) If a canopy and window coverings are removed from any
such vessel pursuant to paragraph (1), require that all
passengers wear a personal flotation device approved by the
Coast Guard before the onset of waterborne operations of such
vessel.
(3) Reengineer such vessels to permanently close all
unnecessary access plugs and reduce all through-hull
penetrations to the minimum number and size necessary for
operation.
(4) Install in such vessels independently powered electric
bilge pumps that are capable of dewatering such vessels at the
volume of the largest remaining penetration in order to
supplement an operable Higgins pump or a dewatering pump of
equivalent or greater capacity.
(5) Install in such vessels not fewer than 4 independently
powered bilge alarms.
(6) Conduct an in-water inspection of any such vessel after
each time a through-hull penetration of such vessel has been
removed or uncovered.
(7) Verify through an in-water inspection the watertight
integrity of any such vessel at the outset of each waterborne
departure of such vessel.
(8) Install underwater LED lights that activate automatically
in an emergency.
(9) Otherwise comply with any other provisions of relevant
Coast Guard guidance or instructions in the inspection,
configuration, and operation of such vessels.
SEC. 306. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL PASSENGERS
VESSELS.
(a) Restructuring.--Chapter 305 of title 46, United States Code, is
amended--
(1) by inserting the following before section 30501 the
following:
``Subchapter I--General Provisions'';
(2) by inserting the following before section 30503:
``Subchapter II--Exoneration and Limitation of Liability'';
and
(3) by redesignating sections 30503 through 30512 as sections
30521 through 30530, respectively.
(b) Definitions.--Section 30501 of title 46, United States Code, is
amended to read as follows:
``Sec. 30501. Definitions
``In this chapter:
``(1) Covered small passenger vessel.--The term `covered
small passenger vessel'--
``(A) means a small passenger vessel, as defined in
section 2101 that is--
``(i) not a wing-in-ground craft; and
``(ii) carrying--
``(I) not more than 49 passengers on
an overnight domestic voyage; and
``(II) not more than 150 passengers
on any voyage that is not an overnight
domestic voyage; and
``(B) includes any wooden vessel constructed prior to
March 11, 1996, carrying at least 1 passenger for hire.
``(2) Owner.--The term `owner' includes a charterer that
mans, supplies, and navigates a vessel at the charterer's own
expense or by the charterer's own procurement.''.
(c) Clerical Amendment.--The item relating to section 30501 in the
analysis for chapter 305 of title 46, United States Code, is amended to
read as follows:
``30501. Definitions.''.
(d) Applicability.--Section 30502 of title 46, United States Code, is
amended by inserting ``as to covered small passenger vessels, and''
before ``as otherwise provided''.
(e) Provisions Requiring Notice of Claim or Limiting Time for
Bringing Action.--Section 30526 of title 46, United States Code, as
redesignated by subsection (a), is amended--
(1) in subsection (a), by inserting ``and covered small
passenger vessels'' after ``seagoing vessels'';
(2) in subsection (b)(1), by striking ``6 months'' and
inserting ``2 years''; and
(3) in subsection (b)(2), by striking ``one year'' and
inserting ``2 years''.
(f) Tables of Subchapters and Tables of Sections.--The table of
sections for chapter 305 of title 46, United States Code, is amended--
(1) by inserting before section 30501 the following:
``subchapter i--general provisions'';
(2) by inserting after section 30502 the following:
``subchapter ii--exoneration and limitation of liability'';
and
(3) by redesignating the items relating to sections 30503
through 30512 as items relating to sections 30521 through
30530, respectively.
(g) Conforming Amendments.--Title 46, United States Code, is further
amended--
(1) in section 14305(a)(5), by striking ``section 30506'' and
inserting ``section 30524'';
(2) in section 30523(a), as redesignated by subsection (a),
by striking ``section 30506'' and inserting ``section 30524'';
(3) in section 30524(b), as redesignated by subsection (a),
by striking ``section 30505'' and inserting ``section 30523'';
and
(4) in section 30525, as redesignated by subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``sections 30505 and 30506'' and inserting
``sections 30523 and 30524'';
(B) in paragraph (1) by striking ``section 30505''
and inserting ``section 30523''; and
(C) in paragraph (2) by striking ``section 30506(b)''
and inserting ``section 30524(b)''.
SEC. 307. AUTOMATIC IDENTIFICATION SYSTEM REQUIREMENTS.
(a) Requirement for Fishing Vessels To Have Automatic Identification
Systems.--Section 70114(a)(1) of title 46, United States Code, is
amended--
(1) by striking ``, while operating on the navigable waters
of the United States,'';
(2) by redesignating subparagraphs (A) through (D) as clauses
(i) through (iv);
(3) by inserting before clauses (i) through (iv), as
redesignated by paragraph (2), the following:
``(A) While operating on the navigable waters of the United
States:''; and
(4) by adding at the end the following:
``(B) A vessel of the United States that is more than 65 feet
overall in length, while engaged in fishing, fish processing,
or fish tendering operations on the navigable waters of the
United States or in the United States exclusive economic
zone.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Commerce for fiscal year 2022,
$5,000,000, to remain available until expended, to purchase automatic
identification systems for fishing vessels, fish processing vessels,
fish tender vessels more than 50 feet in length, as described under
this section and the amendments made by this section.
Subtitle C--Shipbuilding Program
SEC. 308. LOANS FOR RETROFITTING TO QUALIFY AS A VESSEL OF THE UNITED
STATES.
Section 53706(a) of title 46, United States Code, is amended by
adding at the end the following:
``(8) Financing (including reimbursement of an obligor for
expenditures previously made for) the reconstruction,
reconditioning, retrofitting, repair, or similar work in a
shipyard located in the United States--
``(A) required for the vessel to be a vessel of the
United States;
``(B) required for the vessel to be issued a
coastwise endorsement under chapter 121;
``(C) to convert a civilian vessel of the United
States to a more useful military configuration;
``(D) for any vessel under contract to the Federal
Government; or
``(E) for any vessel participating in--
``(i) the Maritime Security Program or the
Emergency Preparedness Program under chapter
531;
``(ii) the Cable Security Fleet under chapter
532;
``(iii) the Tanker Security Fleet under
chapter 534; or
``(iv) the National Defense Reserve Fleet
under section 57100.''.
SEC. 309. 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. 310. 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--MISCELLANEOUS
Subtitle A--Navigation
SEC. 401. 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. 402. TOWING VESSEL INSPECTION FEES.
Notwithstanding section 9701 of title 31, United States Code, and
section 2110 of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may not charge an
inspection fee for towing vessels required to have a Certificate of
Inspection under subchapter M of title 46, Code of Federal Regulations,
until--
(1) the completion of the review required under section 815
of the Frank LoBiondo Coast Guard Authorization Act of 2018
(Public Law 115-282); and
(2) the promulgation of regulations to establish specific
inspection fees for such vessels.
SEC. 403. 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. 404. 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 Coast Guard Authorization Act of 2022, the Task Force shall
submit a report to Congress recommending legislative,
programmatic, or regulatory changes to eliminate remaining gaps
in authorities between members of the Task Force to effectively
manage and control the movement of aquatic nuisance species.''.
(e) Technical Corrections and Conforming Amendments.--The
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4701 et seq.) is further amended--
(1) in section 1002(b)(2), by inserting a comma after
``funded'';
(2) in section 1003, in paragraph (7), by striking
``Canandian'' and inserting ``Canadian'';
(3) in section 1203(a)--
(A) in paragraph (1)(F), by inserting ``and'' after
``research,''; and
(B) in paragraph (3), by striking ``encourage'' and
inserting ``encouraged'';
(4) in section 1204(b)(4), in the paragraph heading, by
striking ``Adminisrative'' and inserting ``Administrative'';
and
(5) in section 1209, by striking ``subsection (a)'' and
inserting ``section 1202(a)''.
SEC. 405. 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. 406. 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. 407. 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. 408. 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. 409. 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. 410. 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.'';
(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 on the Bering
Sea, the Chukchi Sea, and the Arctic Ocean, in support
of--
``(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; and
``(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. 411. ALASKA OIL SPILL PLANNING CRITERIA.
(a) 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), 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 Coast Guard Sector Anchorage, a response plan
required under this paragraph with respect to a discharge of
oil for the vessel shall comply with the planning criteria
established under clause (ii), which planning criteria shall,
with respect to a discharge of oil from the vessel, supercede
the national planning criteria and 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 Coast Guard
Sector Anchorage, including planning criteria for the
following:
``(I) Mechanical 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) Dedicated vessels for oil spill response that
are capable of operating in the ocean environment and
required to be located within such area.
``(IV) 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) provides vessel routing measures
consistent with international routing measure
deviation protocols;
``(cc) maintains real-time continuous vessel
tracking, monitoring, and engagement protocols
with the ability to detect and address vessel
operation anomalies;
``(dd) has the capability to manage wildlife
protection and rehabilitation;
``(ee) controls oil spill response resources
of dedicated and nondedicated resource
providers 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
``(ff) has pre-positioned all of its 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.
``(V) Temporary storage capability using both
dedicated and non-dedicated assets located within such
area.
``(VI) 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.
``(VII) With respect to tank barges carrying non-
persistent oil in bulk as cargo to be delivered to
communities within such area, oil spill response
resources that is required to be carried on board.
``(VIII) Ensuring that oil spill response resources
otherwise required to be included in a response plan
for purposes of compliance with salvage and marine
firefighting requirements are not used to meet the
requirements of this subparagraph.
``(IX) Specifying a minimum length of time that
approval of a response plan under this subparagraph is
valid.
``(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) vessels operating within the area of
responsibility of the Coast Guard sector responsible
for Anchorage, Alaska, with primary operations
occurring within Cook Inlet, Alaska; or
``(II) the requirements applicable to tank vessels
subject to section 5005 of the Oil Pollution Act of
1990 (33 U.S.C. 2735).''.
(b) Establishment of Alaska Oil Spill Planning Criteria.--
(1) Deadline.--Not later than 180 days 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 non-governmental organizations located within the
State of Alaska.
(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. 412. 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. 413. 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. 414. 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. 415. CENTER OF EXPERTISE FOR MARINE ENVIRONMENTAL RESPONSE.
(a) In General.--Not later than 1 year after the date of enactment of
this Act, the Commandant of the Coast Guard, in consultation with the
Administrator of the National Oceanic and Atmospheric Administration,
shall establish a Center of Expertise for Marine Environmental Response
(referred to in this section as the ``Center of Expertise'') in
accordance with section 313 of title 14, United States Code.
(b) Location.--The Center of Expertise shall be located in close
proximity to--
(1) an area of the country with quick access to State,
Federal, and international waters, port and marine
environments, coastal and estuary environments, and the
intercoastal waterway;
(2) multiple Coast Guard sea and air stations;
(3) multiple Federal agencies that are engaged in coastal and
fisheries management;
(4) one or more designated national estuaries;
(5) State coastal and wildlife management agencies; and
(6) an institution of higher education with adequate marine
science search laboratory facilities and capabilities and
expertise in coastal marine ecology, ecosystems, environmental
chemistry, fish and wildlife management, coastal mapping, water
resources, and marine technology development.
(c) Functions.--The Center of Expertise shall--
(1) monitor and assess, on an ongoing basis, the state of
knowledge regarding training, education, and technology
development for marine environmental response protocols in
State, Federal, and international waters, port and marine
environments, coastal and estuary environments, and the
intercoastal waterway;
(2) identify any significant gaps in research related to
marine environmental response protocols, including an
assessment of major scientific or technological deficiencies in
responses to past incidents in these waterways that are
interconnected, and seek to fill such gaps;
(3) conduct research, development, testing, and evaluation
for marine environmental response equipment, technologies, and
techniques to mitigate and respond to environmental incidents
in these waterways;
(4) educate and train Federal, State, and local first
responders in--
(A) the incident command system structure;
(B) marine environmental response techniques and
strategies; and
(C) public affairs; and
(5) work with academic and private sector response training
centers to develop and standardize marine environmental
response training and techniques.
(d) Marine Environmental Response Defined.--In this section, the term
``marine environmental response'' means any response to incidents
that--
(1) impacts--
(A) the marine environment of State, Federal or
international waterways;
(B) port and marine environments;
(C) coastal and estuary environments; or
(D) the intercoastal waterway; and
(2) promotes--
(A) the protection and conservation of the marine
environment;
(B) the health of fish, animal populations, and
endangered species; and
(C) the resilience of coastal ecosystems and
infrastructure.
SEC. 416. 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. 417. 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. 418. ASSISTANCE RELATED TO MARINE MAMMALS.
(a) Maritime Environmental and Technical Assistance Program.--Section
50307(b) of title 46, United States Code, is amended--
(1) in paragraph (1)(D) by striking ``and'' at the end;
(2) in paragraph (2) by striking the period and insert ``;
and''; and
(3) by adding at the end the following:
``(3) technologies that quantifiably reduce underwater noise
from marine vessels, including noise produced incidental to the
propulsion of marine vessels.''.
(b) Assistance to Reduce Impacts of Vessel Strikes and Noise on
Marine Mammals.--
(1) In general.--Chapter 541 of title 46, United States Code,
is amended by adding at the end the following:
``Sec. 54102. Assistance to reduce impacts of vessel strikes and noise
on marine mammals
``(a) In General.--The Administrator of the Maritime Administration,
in coordination with the Secretary of the department in which the Coast
Guard is operating, may make grants to, or enter into contracts or
cooperative agreements with, academic, public, private, and
nongovernmental entities to develop and implement mitigation measures
that will lead to a quantifiable reduction in--
``(1) impacts to marine mammals from vessels; and
``(2) underwater noise from vessels, including noise produced
incidental to the propulsion of vessels.
``(b) Eligible Use.--Assistance under this section may be used to
develop, assess, and carry out activities that reduce threats to marine
mammals by--
``(1) reducing--
``(A) stressors related to vessel traffic; and
``(B) vessel strike mortality, and serious injury; or
``(2) monitoring--
``(A) sound; and
``(B) vessel interactions with marine mammals.
``(c) Priority.--The Administrator shall prioritize assistance under
this section for projects that--
``(1) is based on the best available science on methods to
reduce threats related to vessels traffic;
``(2) collect data on the reduction of such threats;
``(3) reduce--
``(A) disturbances from vessel presence;
``(B) mortality risk; or
``(C) serious injury from vessel strikes; or
``(4) conduct risk assessments, or tracks progress toward
threat reduction.
``(d) Briefing.--The Administrator shall provide to the Committee on
Transportation and Infrastructure of the House of Representatives, and
the Committee on Commerce, Science, and Transportation of the Senate,
an annual briefing that includes the following:
``(1) The name and location of each entity receiving a grant
under this section.
``(2) The amount of each such grant.
``(3) A description of the activities carried out with
assistance provided under this section.
``(4) An estimate of the impact that a project carried out
with such assistance has on the reduction of threats to marine
mammals.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section $10,000,000
for each of fiscal years 2022 through 2026, to remain available until
expended.''.
(2) Clerical amendment.--The analysis for chapter 541 of
title 46, United States Code, is amended by adding at the end
the following:
``54102. Assistance to reduce impacts of vessel strikes and noise on
marine mammals.''.
(c) Near Real-time Monitoring and Mitigation Program for Large
Whales.--
(1) In general.--Part of A of subtitle V of title 46, United
States Code, is amended by adding at the end the following:
``CHAPTER 507--MONITORING AND MITIGATION
``Sec.
``50701. Near real-time monitoring and mitigation program for large
whales.
``50702. Pilot project.
``Sec. 50701. Near real-time monitoring and mitigation program for
large whales
``(a) Establishment.--The Administrator of the Maritime
Administration, in consultation with the Commandant of the Coast Guard,
shall design and deploy a near real-time large whale monitoring and
mitigation program (in this section referred to as the Program)
informed by the technologies, monitoring methods, and mitigation
protocols developed pursuant to the pilot program required under
section 50702.
``(b) Purpose.--The purpose of the Program will be to reduce the risk
to large whales of vessel collisions and to minimize other impacts.
``(c) Requirements.--In designing and deploying the Program, the
Administrator shall--
``(1) prioritize species of large whales for which vessel
collision impacts are of particular concern;
``(2) prioritize areas where such vessel impacts are of
particular concern;
``(3) develop technologies capable of detecting and alerting
individuals and enforcement agencies of the probable location
of large whales on a near real-time basis, to include real time
data whenever possible;
``(4) inform sector-specific mitigation protocols to
effectively reduce takes of large whales; and
``(5) integrate technology improvements as such improvements
become available.
``(d) Authority.--The Administrator may make grants or enter into and
contracts, leases, or cooperative agreements as may be necessary to
carry out the purposes of this section on such terms as the
Administrator considers appropriate, consistent with Federal
acquisition regulations.
``Sec. 50702. Pilot project
``(a) Establishment.--The Administrator of the Maritime
Administration shall carry out a pilot monitoring and mitigation
project for North Atlantic right whales (in this section referred to as
the `Pilot Program') for purposes of informing a cost-effective,
efficient, and results-oriented near real-time monitoring and
mitigation program for large whales under 50701.
``(b) Pilot Project Requirements.--In carrying out the pilot program,
the Administrator, in coordination with the Commandant of the Coast
Guard, using best available scientific information, shall identify and
ensure coverage of--
``(1) core foraging habitats of North Atlantic right whales,
including--
``(A) the South of the Islands core foraging habitat;
``(B) the Cape Cod Bay Area core foraging habitat;
``(C) the Great South Channel core foraging habitat;
and
``(D) the Gulf of Maine; and
``(2) important feeding, breeding, calving, rearing, or
migratory habitats of North Atlantic right whales that co-occur
with areas of high risk of mortality, serious injury, or other
impacts to such whales, including from vessels or vessel
strikes.
``(c) Pilot Project Components.--
``(1) In general.--Not later than 3 years after the date of
enactment of the 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 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 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. 419. 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 302(a)(3) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1356(a)(3)).
``(c) Limitations.--An exemption under this section--
``(1) shall provide that the number of individuals manning or
crewing the covered facility who are described in paragraphs
(2) and (3) of subsection (a) may not exceed two and one- half
times the number of individuals required to man or crew the
covered facility under the laws of the nation under the laws of
which the covered facility is documented; and
``(2) shall be effective for not more than 12 months, but may
be renewed by application to and approval by the Secretary.
``(d) Application.--To be eligible for an exemption or a renewal of
an exemption under this section, the owner or operator of a covered
facility shall apply to the Secretary with an application that includes
a sworn statement by the applicant of all information required for the
issuance of the exemption.
``(e) Revocation.--
``(1) In general.--The Secretary--
``(A) may revoke an exemption for a covered facility
under this section if the Secretary determines that
information provided in the application for the
exemption was false or incomplete, or is no longer true
or complete; and
``(B) shall immediately revoke such an exemption if
the Secretary determines that the covered facility, in
the effective period of the exemption, was manned or
crewed in a manner not authorized by the exemption.
``(2) Notice required.--The Secretary shall provides notice
of a determination under subparagraph (A) or (B) of paragraph
(1) to the owner or operator of the covered facility.
``(f) Review of Compliance.--The Secretary shall periodically, but
not less than once annually, inspect each covered facility that
operates under an exemption under this section to verify the owner or
operator of the covered facility's compliance with the exemption.
During an inspection under this subsection, the Secretary shall require
all crew members serving under the exemption to hold a valid
transportation security card issued under section 70105.
``(g) Penalty.--In addition to revocation under subsection (e), the
Secretary may impose on the owner or operator of a covered facility a
civil penalty of $10,000 per day for each day the covered facility--
``(1) is manned or crewed in violation of an exemption under
this subsection; or
``(2) operated under an exemption under this subsection that
the Secretary determines was not validly obtained.
``(h) Notification of Secretary of State.--The Secretary shall notify
the Secretary of State of each exemption issued under this section,
including the effective period of the exemption.
``(i) Definitions.--In this section:
``(1) Covered facility.--The term `covered facility' means
any vessel, rig, platform, or other vehicle or structure, over
50 percent of which is owned by citizens of a foreign nation or
with respect to which the citizens of a foreign nation have the
right effectively to control, except to the extent and to the
degree that the President determines that the government of
such foreign nation or any of its political subdivisions has
implemented, by statute, regulation, policy, or practice, a
national manning requirement for equipment engaged in the
exploring for, developing, or producing resources, including
non-mineral energy resources in its offshore areas.
``(2) Secretary.--The term `Secretary' means the Secretary of
the department in which the Coast Guard is operating.''.
(b) Annual Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report containing information on
each letter of nonapplicability of section 8109 of title 46,
United States Code, with respect to a covered facility that was
issued by the Secretary during the preceding year.
(2) Contents.--The report under paragraph (1) shall include,
for each covered facility--
(A) the name and International Maritime Organization
number;
(B) the nation in which the covered facility is
documented;
(C) the nationality of owner or owners; and
(D) for any covered facility that was previously
issued a letter of nonapplicability in a prior year,
any changes in the information described in
subparagraphs (A) through (C).
(c) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall promulgate regulations that
specify the documentary and other requirements for the issuance of an
exemption under the amendment made by this section.
(d) Existing Exemptions.--
(1) Effect of amendments; termination.--Each exemption under
section 30(c)(2) of the Outer Continental Shelf Lands Act (43
U.S.C. 1356(c)(2)) issued before the date of the enactment of
this Act--
(A) shall not be affected by the amendments made by
this section during the 120-day period beginning on the
date of the enactment of this Act; and
(B) shall not be effective after such period.
(2) Notification of holders.--Not later than 60 days after
the date of the enactment of this Act, the Secretary shall
notify all persons that hold such an exemption that it will
expire as provided in paragraph (1).
(e) Clerical Amendment.--The analysis for chapter 81 of the title 46,
United States Code, is amended by adding at the end the following:
``8108. Exemptions from manning and crew requirements.''.
TITLE V--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
SEC. 501. 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. 502. 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. 503. 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. 504. ACCOMMODATION; NOTICES.
Section 11101 of title 46, United States Code, is amended--
(1) in subsection (a)(3), by striking ``and'' at the end;
(2) in subsection (a)(4), by striking the period at the end
and inserting ``; and'';
(3) in subsection (a), by adding at the end the following:
``(5) each crew berthing area shall be equipped with
information regarding--
``(A) vessel owner or company policies prohibiting
sexual assault and sexual harassment, retaliation, and
drug and alcohol usage; and
``(B) procedures and resources to report crimes,
including sexual assault and sexual harassment,
including information--
``(i) on the contact information, website
address, and mobile application to the Coast
Guard Investigative Services for reporting of
crimes and the Coast Guard National Command
Center;
``(ii) on vessel owner or company procedures
to report violations of company policy and
access resources;
``(iii) on resources provided by outside
organizations such as sexual assault hotlines
and counseling;
``(iv) on the retention period for
surveillance video recording after an incident
of sexual harassment or sexual assault is
reported; and
``(v) additional items specified in
regulations issued by, and at the discretion
of, the Secretary of the department in which
the Coast Guard is operating.''; and
(4) in subsection (d), by adding at the end the following:
``In each washing space in a visible location there shall be
information regarding procedures and resources to report crimes
upon the vessel, including sexual assault and sexual
harassment, and vessel owner or company policies prohibiting
sexual assault and sexual harassment, retaliation, and drug and
alcohol usage.''.
SEC. 505. 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. 506. 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.
(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. 507. 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 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. 508. 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, located in a centralized location
that is readily accessible to law enforcement personnel,
information on all access and use of the vessel's 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)--
``(1) may be--
``(A) electronic; and
``(B) included in the vessel safety management
system; and
``(2) shall include--
``(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.
``(d) Penalty.--Any crew member who uses the master key without
having been granted access pursuant to subsection (a)(2) shall be
liable to the United States Government for a civil penalty of not more
than $1,000 and may be subject to suspension or revocation under
section 7703.
``(e) Exemption.--This section shall not apply to vessels subject to
section 3507(f).''.
(b) Clerical Amendment.--The analysis for chapter 31 of title 46,
United States Code, is amended by adding at the end the following:
``3106. Master key control system.''.
SEC. 509. 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. 510. 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 the complaint is shared
in confidence with the crew member directly from the assaulted
individual or 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) A report required under subsection (a) shall be made as
soon as practicable, but no later than 10 days after the
individual 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.
``(2) 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--
``(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) 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) 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 Coast Guard Authorization Act of 2022. The
Secretary may issue additional regulations to implement the
requirements of this section.''.
SEC. 511. 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 405(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. 512. 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 VI--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
SEC. 601. 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. 602. 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) by striking subsection (i) and redesignating subsections
(j) and (k) as subsections (i) and (j), respectively;
(7) by striking subsection (l) and redesignating subsections
(m) through (q) as subsections (k) through (o), respectively;
(8) 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'';
(9) in subsection (k)(1), as so redesignated, by striking
``subsection (k)(3)'' and inserting ``subsection (j)(3)''; and
(10) 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. 603. 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''.
Purpose of Legislation
The purpose of H.R. 6865, as amended, is to authorize $12.8
billion in discretionary funding for the United States Coast
Guard (hereinafter Coast Guard or Service) in fiscal year 2022
and $13.9 billion in fiscal year 2023, setting aside $585
million for improvements to Coast Guard shoreside
infrastructure and facilities. The bill also authorizes $510
million for the acquisition of a twelfth National Security
Cutter and three Fast Response Cutters, $350 million for the
acquisition of a Great Lakes icebreaker in fiscal year 2022,
and $20 million in fiscal year 2023 for icebreaking cutters for
operation in the Great Lakes, Northeastern United States, and
the Arctic. The bill reauthorizes the end-of-year strength of
44,500 active-duty personnel and gradually increases the number
of commissioned officers on the active-duty promotion list to
7,400 by fiscal year 2025. Further, H.R. 6865, as amended,
allows the Secretary of Homeland Security to increase the
authorized end strength of the Coast Guard Selected Reserves by
up to 3 percent and the Commandant by up to 2 percent of the
existing end strength per fiscal year. Finally, the bill makes
reforms to Coast Guard authorities and laws governing shipping
and navigation.
Background and Need for Legislation
Coast Guard
The Coast Guard was established on January 28, 1915,
through the consolidation of the Revenue Cutter Service
(established in 1790) and the Lifesaving Service (established
in 1848). The Coast Guard later assumed the duties of three
other agencies: the Lighthouse Service (established in 1789),
the Steamboat Inspection Service (established in 1838), and the
Bureau of Navigation (established in 1884).
Under Section 102 of Title 14, United States Code, the
Coast Guard has primary responsibility to enforce or assist in
the enforcement of all applicable federal laws in, under, and
over the high seas and waters subject to the jurisdiction of
the United States; to ensure safety of life and property at
sea; to protect the marine environment; to carry out
icebreaking activities; and to ensure the safety and security
of vessels, ports, waterways, and related facilities.
As one of the six Armed Services, the Coast Guard also
maintains defense readiness and may be called upon to operate
as a specialized service in the Navy upon the declaration of
war or when the President directs. The Coast Guard is composed
of approximately 40,000 active-duty military members, 6,200
reservists, and 8,700 civilian employees. The Coast Guard, or
its predecessors, have defended the nation in every war since
1790.
In fiscal year 2020, the Coast Guard responded to over
16,800 search and rescue cases, saving nearly 4,300 lives.
Additionally, the Coast Guard conducted over 7,900 boardings of
vessels entering American ports, screened nearly 103,000
commercial vessels entering American ports for potential
security threats, maintained over 45,000 aids to navigation,
and detained 456 suspected smugglers carrying 318,340 pounds of
cocaine.\1\
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\1\United States Coast Guard. Fiscal Year 2020 Annual Performance
Report. https://www.uscg.mil/Portals/0/documents/budget/
FY_2020_USCG_APR_Final-V3-dtd-3-16-2021.pdf?ver=2021-03-15-113137-970.
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H.R. 6865, as amended, authorizes the Coast Guard for the
next two years at fiscally responsible levels to continue
carrying out these missions, with the aid of additional afloat
assets, and targeted funding to improve the Coast Guard's
crumbling shoreside infrastructure and facilities.
Pursuant to section 8101 of the Elijah E. Cummings Coast
Guard Authorization Act of 2020 (Public Law 116-283), Coast
Guard operational activities were authorized at $8.39 billion
for fiscal year 2021. H.R. 6865, as amended, authorizes an 11
percent increase for Coast Guard operational activities at
$9.28 billion in fiscal year 2022 and $10.21 billion in fiscal
year 2023.
Investments in the Coast Guard
The Coast Guard has endured chronic underfunding for many
years. As the Commandant of the Coast Guard, Admiral Karl
Schultz, remarked, ``Every mission begins and ends at a Coast
Guard facility.''\2\ Yet, every day the men and women of the
Coast Guard are forced to work out of crumbling facilities. The
Coast Guard's sole accession point for its enlisted workforce,
Training Center Cape May in Cape May, New Jersey, houses
recruits in antiquated barracks facing rapid deterioration. The
impacts from extreme weather events have only exacerbated the
vulnerability of Coast Guard mission critical infrastructure.
The Coast Guard has an estimated $3 billion backlog in deferred
or overdue maintenance, repair, and recapitalization work for
its housing and shoreside infrastructure. The Government
Accountability Office (GAO) found that nearly 45 percent of the
Service's shore infrastructure assets are beyond their 65-year
service life.\3\ Given the sheer number of structures past
their projected service life and their location in salt air,
high wind, and marine environments, facilities have fallen into
disrepair and are in critical condition, pose public health
hazards, or have been condemned altogether. The Coast Guard
owns or leases more than 20,000 shore facilities, such as
piers, docks, boat stations, air stations, and housing units at
more than 2,700 locations. Without adequate funding, excessive
deterioration of these facilities jeopardizes Coast Guard
mission readiness and operational capability. Admiral Schultz
noted, ``Every day we continue to operate with antiquated
infrastructure, it gets harder to protect our modern maritime
economy, harder to save those in peril, harder to attract
talented men and women into our ranks and, ultimately, harder
to defend the nation.''\4\ H.R. 6865, as amended, begins to
chip away at the excessive $3 billion infrastructure backlog by
authorizing $350 million for each fiscal year (2022 and 2023)
to improve Coast Guard shoreside infrastructure, the minimum
amount estimated to be necessary to mitigate further increases
in the maintenance and construction backlog.
---------------------------------------------------------------------------
\2\Mike Gooding, ``USCG Commandant says infrastructure `antiquated'
and `crumbling','' 13NewsNow, February 20, 2020, available at https://
www.13newsnow.com/article/news/national/military-news/uscg-commandant-
says-infrastructure-antiquated-and-crumbling/291-80c90197-1e82-4ecd-
92f7-c6a9b07f954a.
\3\GAO. Coast Guard Shore Infrastructure. Applying Leading
Practices Could Help Better Manage Project Backlogs of At Least $2.6
Billion. GAO-19-82. https://www.gao.gov/assets/gao-19-82.pdf.
\4\Supra note 2.
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Additionally, H.R. 6865, as amended, dedicates $175 million
to repair the facilities at the Coast Guard Yard (hereafter,
the Yard) in Baltimore, Maryland. For over a century, Coast
Guard vessels have been built, repaired, and renovated in the
Yard. As one of only five remaining public shipyards in the
United States, the Yard provides a unique capability to support
the Coast Guard and the National Fleet, including the National
Oceanic and Atmospheric Administration, the Navy, the Army, and
other government agencies. It is an essential component of the
core industrial base and fleet support operations of the Coast
Guard with a primary mission of renovating, maintaining, and
repairing Coast Guard vessels. Nearly all of the waterfront and
utility infrastructure was built during World War II, as a
result, the Yard is currently experiencing rapid and widespread
failure of critical infrastructure. Moreover, the Coast Guard's
recapitalization of its surface fleet makes the Yard incapable
of organically servicing every class of cutters now in the
Coast Guard fleet, warranting investment to its infrastructure.
H.R. 6865, as amended, also calls for the Coast Guard to
begin including a dedicated line item in its budget submission
for expenditures related to supporting defense missions and
activities. The Coast Guard receives significantly less funding
than that of its sister services and currently, the Committee,
as the oversight authority, has no visibility into the extent
of expenses the Coast Guard incurs through supporting the
Department of Defense's (hereafter, DoD) national security
operations and activities. Its statutory designation as an
Armed Force compels the Coast Guard to exercise defense
readiness, but the Service also has law enforcement, marine
safety, environmental stewardship, and port security functions
to perform. An appropriate accounting is necessary to give the
Committee a lens into the monetary contributions the Coast
Guard makes to DoD missions.
Acknowledging that the Coast Guard's greatest assets are
its people, H.R. 6865, as amended, includes legislation to
allow the Commandant to retain officers above grade O-2 who
possess a critical skill or specialty needed for the Service.
This grants the Coast Guard the same authority as the DoD so
that members providing a critical and unique skill to the
Service are not forced into retirement. Further, it adds 500
more commissioned officers to the active-duty promotion list
over the next three years. As the Coast Guard prepares for
expanded mission activities in the polar regions and the cyber
domain, and edges closer to replacing its legacy fleet, the
Committee finds that an increase in officer billets is
necessary. The Committee also believes the health, including
mental health, of each member of the Coast Guard is paramount,
not only for national security objectives, but also because the
Committee has a sincere interest in taking care of the nation's
military servicemembers. Coast Guard members perform high risk,
stressful duties in the face of perilous, and often,
demoralizing conditions. When the pressure becomes
exceptionally overwhelming, they risk behavioral or mental
health conditions that could jeopardize their continued service
on active duty with the threat of a medical separation. The
Committee recognizes that individuals who receive treatment for
behavioral health conditions experience improved concentration,
enhanced creativity, reduced absenteeism, increased
productivity, and better overall performance. It is the
Committee's position that after treatment, many members of the
Coast Guard should be allowed to resume service in the Coast
Guard if they are able to do so without persistent duty
modifications and do not pose a risk to themselves or other
members of the Coast Guard. Included in H.R. 6865, as amended,
is a provision to address this concern so that the Coast Guard
implements a behavioral health policy that is on par with
comparable DoD policy. This provision was originally proposed
by the late Congressman Don Young.
The Committee recognizes that the Coast Guard has struggled
with diversifying its workforce despite well intentioned
efforts. Historically, the Service has included low proportions
of people from underrepresented groups (women and members of
racial and ethnic minority groups) compared to the country's
overall population numbers for these same groups. A study
conducted by the RAND Corporation revealed that representation
from these groups declines as rank increases, ``ultimately
resulting in a less diverse senior leadership.''\5\ For
instance, although women make up 33 percent of the O-1 officer
rank, they are just 11 percent of the O-6 rank, and 14 percent
of flag officers (rank of Rear Admiral and above). Furthermore,
the study identified that black officers had higher rates of
separation than white officers due to not being selected for
promotion. This bill mandates implementation of the
recommendations made in the RAND report titled ``Improving the
Representation of Women and Racial/Ethnic Minorities Among U.S.
Coast Guard Active-Duty Members'' with which the Commandant
concurs.\6\ The Committee believes recommendations such as
developing a long-term strategic plan for outreach to, and the
deliberate career development of, underrepresented minority
groups could go a long way in achieving a more diverse Coast
Guard in the future.
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\5\RAND Corporation. Improving the Representation of Women and
Racial/Ethnic Minorities Among U.S. Coast Guard Active-Duty Members.
RR-A362-2. https://www.rand.org/pubs/research_reports/RRA362-2.html.
\6\Id.
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Maritime Transportation
The maritime transportation system (hereinafter, MTS) is a
key contributor to commerce and essential to the economic
health and prosperity of the United States. The past two years
demonstrated the fragility of not only the U.S. supply chain,
but the supply chain worldwide. Modernizing the operations of
the MTS is more important than ever in the wake of the global
COVID-19 pandemic and its associated supply chain crisis, and
following calls to decarbonize the shipping industry within the
next 30 years. The Committee is committed to supporting the MTS
and growing our shipbuilding industry. In this regard, the bill
expands eligibility for the Federal Ship Financing Program
(Title XI) to include any retrofitting, repair, or similar work
in shipyards located in the United States for U.S. flagged
vessels. It also broadens eligibility for the Capital
Construction Fund to include passenger ferries so that they can
start benefiting from this special tax-exempt domestic
shipbuilding program.
H.R. 6865, as amended, further supports U.S. maritime
industry by ensuring that all vessels operating in the United
States' territorial waters are manned by either U.S. crew or
crew of the nation of which the vessel is flagged. As the
nation aspires to reduce its dependence on fossil fuels and
invest in more renewable forms of energy, such as wind or
solar, the Committee is keenly interested in protecting
American workers involved in the installation and maintenance
of offshore infrastructure. The Biden Administration seeks to
deploy 30 gigawatts of offshore wind energy by 2030.\7\ This
initiative necessitates increasing offshore wind supply vessels
to manage and work the offshore wind projects. The Outer
Continental Shelf Lands Act (43 U.S.C. 1301, et seq.) requires
vessels operating in the Outer Continental Shelf to be manned
by U.S. citizens or permanent resident aliens, or if the vessel
is foreign owned, by U.S. citizens or permanent resident aliens
or by crew allowed under the flag state's national manning
plan. However, it is the Committee's position that such an
exemption poses a risk to energy independence and national and
economic security and harms our merchant marine workforce. By
requiring that foreign flagged vessels operating in U.S. waters
be manned by U.S. crew or crew of the flag nation, H.R. 6865,
as amended, will level the playing field for American mariners
in U.S. waters.
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\7\The White House, Office of the Press Secretary. FACT SHEET:
Biden Administration Jumpstarts Offshore Wind Energy Projects to Create
Jobs. March 29, 2021. https://www.whitehouse.gov/briefing-room/
statements-releases/2021/03/29/fact-sheet-biden-administration-
jumpstarts-offshore-wind-energy-projects-to-create-jobs/.
---------------------------------------------------------------------------
The Committee closely monitored the oil spill on the
California coastline near Long Beach in the fall of 2021. The
San Pedro Bay Pipeline, a 17-mile long and 16-inch thick
pipeline that begins at Elly Platform, released an estimated
24,696 gallons of crude oil into the Pacific Ocean.\8\ Oil
spills are notoriously detrimental to the environment, animal
habitats, marine life, and to the health, safety, and economy
of the local communities impacted by the spill. Cleanup efforts
for this oil spill resulted in a total of 9,000 gallons of oil
recovered on water, 478,000 pounds of oil/sand debris recovered
onshore, 110 cumulative miles of shoreline cleaned, and 24
oiled birds cleaned and released to their natural habitat. An
initial assessment determined the spill originated from a 13-
inch crack discovered in the pipeline by a remotely operated
vehicle. Although still under investigation, the crack is
believed to have been caused by a vessel anchor strike during a
heavy weather event that impacted the San Pedro Shelf
approximately 10 months earlier.\9\ Committed to safeguarding
our shorelines from another oil spill catastrophe, the
Committee revised the vessel anchoring laws in H.R. 6865, as
amended, so that vessels are proscribed from anchoring within a
specified distance to an undersea pipeline or cable unless
permitted by the Captain of the Port and must maintain anchor
alarms that will notify the vessel operator if its anchor
starts drifting.
---------------------------------------------------------------------------
\8\California Department of Fish and Wildlife. Pipeline P00547.
https://wildlife.ca.gov/OSPR/NRDA/Pipeline-P00547.
\9\Information obtained from the United States Coast Guard.
---------------------------------------------------------------------------
Vessel Safety
Recent maritime casualties have led to calls for reform to
the small passenger vessel safety regime. On September 2, 2019,
34 lives were lost when the small passenger vessel MV
CONCEPTION dive boat caught fire and eventually sank off the
coast of Santa Cruz Island, California. An investigation and
report provided by the National Transportation Safety Board
(hereafter, NTSB) could not identify the exact cause of the
ignition source for the fire but attributed the maritime
disaster to the failure to implement a number of safety
precautions, the implementation of any one of which could have
prevented or mitigated loss of life.\10\ It was one of the
deadliest maritime incidents in modern history. The NTSB issued
several safety recommendations related to small passenger
vessels, and at the direction of the Elijah E. Cummings Coast
Guard Authorization Act of 2020, the Coast Guard promulgated
interim regulations on fire safety for such vessels. Families
of the victims attempting to recover for their loss found such
claims were subject to the Limitation of Liability Act of 1851
(46 U.S.C. 30501, et seq.) which limits recovery of damages
from liable vessel owners to the value of the vessel post-
accident. In this case, dive boat CONCEPTION was valued at a
total loss after the fire, leaving the families with no
potential recompense from the owners. To ensure future victims
have an avenue for recovery in similar incidents, H.R. 6865, as
amended, eliminates the exemption from the Limitation of
Liability Act for certain small passenger vessels.
---------------------------------------------------------------------------
\10\NTSB. Fire Aboard Small Passenger Vessel Conception. October
20, 2020. https://www.ntsb.gov/investigations/Pages/DCA19MM047.aspx.
---------------------------------------------------------------------------
Furthermore, H.R. 6865, as amended, instructs the Coast
Guard to implement safety requirements for DUKW-type amphibious
passenger vessels to prevent future accidents like the 2018
sinking of the Stretch Duck 7 in Table Rock Lake, Branson,
Missouri where 17 lives were lost, including four children. All
victims drowned after a violent windstorm capsized the 33-foot
long, modified WWII vessel causing it to sink. Although the
National Weather Service had issued a severe thunderstorm
warning for the area, the vessel embarked on the waterborne
portion of a two-part tour. Within five minutes of entering the
water the storm intensified, generating waves reportedly as
much as five feet high and wind gusts recorded at 73 mph.
Passengers scrambled to don life jackets and escape over the
side of the vessel, but found themselves trapped by the large
canopy that hung overhead. Just four minutes after the storm
began, the vessel sank. Two other DUKW boat casualty incidents
in the U.S., the Miss Majestic in 1999 and DUKW 34 in 2010
claimed the lives of 15 passengers. Both were of similar design
to the Stretch Duck 7 and both sank very rapidly after taking
on water. DUKW boats are specifically designed to operate on
land and water. This design, however, makes them inherently
hazardous as they are at a greater risk of sinking and sinking
more rapidly than other more modern small passenger vessels.
Studies conducted by the National Academy of Sciences
(hereafter, NAS) and NTSB assessed the overall safety of DUKW
boats and provided recommendations to enhance the safe
operation of these amphibious passenger vessels in water.\11\
Both reports recognized the dangers of canopies installed on
these vessels and the lack of reserve buoyancy, both of which
were major contributors to the fatalities in all three DUKW
boat incidents. H.R. 6865, as amended, compels promulgation of
regulations based on the safety recommendations prescribed by
NAS and NTSB, such as installation of mechanisms to ensure the
vessels remain afloat and upright in the event of flooding,
notation in the vessel's logbook of the National Weather
Service forecast before entering the water, and removal or
modification of canopies so that it does not restrict egress by
passengers in the event of flooding.
---------------------------------------------------------------------------
\11\See National Academies of Science, Engineering and Medicine.
Options for Improving the Safety of DUKW Type Amphibious Vessels.
https://www.nap.edu/catalog/26447/options-for-improving-the-safety-of-
dukw-type-amphibious-vessels; NTSB. Sinking of Amphibious Passenger
Vessel Stretch Duck. https://www.ntsb.gov/investigations/Pages/
DCA18MM028.aspx.
---------------------------------------------------------------------------
Sexual Assault
In October 2021, Midshipman X, a member of the U.S.
Merchant Marine Academy (USMMA) Class of 2022, shocked the
maritime industry after publishing a blog post on the Maritime
Legal Aid & Advocacy website of her first-hand detailed account
of being forcibly raped aboard a Maersk vessel during Sea Year
in 2019.\12\ In conjunction with other allegations and cases in
which the USMMA settled sexual assault claims, this raised
concerns about the need for systemic maritime industry
mechanisms for reporting and investigating claims of sexual
assault and sexual harassment, as well as mechanisms for
punishing offenders.
---------------------------------------------------------------------------
\12\Maritime Legal Aid & Advocacy. I Was a 19-Year-Old Virgin When
I Was Raped by a 60+ Year-Old 1st Engineer Aboard a Maersk Ship During
Sea Year. I Know Several Other Current USMMA Students Who Were Also
Raped During Sea Year. https://www.maritimelegalaid.com/blog/i-was-
raped-aboard-a-maersk-ship-during-sea-year
---------------------------------------------------------------------------
The Sea Year program is an educational partnership between
the USMMA and several U.S. flag ocean carriers. Cadets spend
approximately 135 days at sea during their sophomore year and
265 days during their junior year. According to the USMMA, the
program is essential to learning self-reliance, self-
discipline, and self-confidence. However, the program has come
under scrutiny in the past and was suspended in 2016 following
several incidents of sexual assault and sexual harassment
(SASH). When the program was reinstated in 2017, the Department
of Transportation instituted various reforms including a zero-
tolerance policy for SASH, new policies on shipboard behavior,
better reporting opportunities, and a certification process for
the participating operators.
When Midshipmen X's story became public, the Committee
recognized that directives solely focused on the safety of
cadets during Sea Year were insufficient to address industry-
wide SASH issues. The Committee heard directly from victims and
advocacy groups and found each account of sexual abuse
disturbing and disheartening. Every mariner deserves to feel
safe while at sea. H.R. 6865, as amended, bans individuals
convicted of sexual assault from receiving a merchant mariner
credential and revokes the credentials of those convicted of
sexual assault in the previous ten years. H.R. 6865, as
amended, also requires vessels to have a master key control
system. The bill also requires the installation of surveillance
cameras on passageways showing stateroom doors and grants law
enforcement and victims of SASH access to the video footage.
H.R. 6865, as amended, also incorporates new reporting mandates
for crew members and vessel owners so that the Coast Guard is
alerted to a SASH incident on a U.S.-flagged vessel and may use
the information to potentially take action on a mariner's
credential where a pattern of sexual abuse is established.
Given the role alcohol may play in incidents of SASH, H.R.
6865, as amended, also directs the Coast Guard to issue
regulations on minimum safe alcohol consumption levels while
out at sea. The bill allows owners and operators to set more
stringent standards.
Finally, the bill establishes requirements for Coast Guard
cutters to maintain sexual assault forensic examination (SAFE)
kits when underway on a pre-scheduled voyage that will not have
access to advanced medical care for a period of at least five
consecutive days. The Committee's concern is that victims of a
sexual assault while out at sea may elect, but not have access
to this vital evidentiary preservation kit due to the inherent
limitations of being underway. SAFE kits have a prescriptive
window of time when they can be performed to be viable. Outside
that window they lose efficacy, and any potential evidentiary
benefits should law enforcement authorities decide to
prosecute. The Committee learned that at least some Coast Guard
cutters will encounter voyages where access to medical
evacuation (for which victims of sexual assault qualify in the
Coast Guard) or a land-based medical facility is unavailable
for five to seven days.\13\
---------------------------------------------------------------------------
\13\Information obtained from the United States Coast Guard.
---------------------------------------------------------------------------
Hearings
For the purposes of rule XIII, clause 3(c)(6)(A) of the
117th Congress, the following hearings were used to develop or
consider H.R. 6865:
On July 21, 2021, the Subcommittee on Coast Guard and
Maritime Transportation held a hearing titled ``Review of
Fiscal Year 2022 Budget for the Coast Guard and Maritime
Transportation Programs.'' The Subcommittee received testimony
from ADM Karl L. Schultz, Commandant, U.S. Coast Guard,
Department of Homeland Security; Hon. Daniel B. Maffei,
Chairman, Federal Maritime Commission; Jason M. Vanderhaden,
Master Chief Petty Officer, U.S. Coast Guard, Department of
Homeland Security; and Ms. Lucinda Lessley, Acting
Administrator, Maritime Administration. This hearing provided
Members an opportunity to examine the President's fiscal year
2022 budget requests for the Coast Guard and Maritime
Transportation Programs.
On October 20, 2021, the Subcommittee on Coast Guard and
Maritime Transportation held a hearing titled ``Achieving
Mission Balance: Positioning the Coast Guard for the Future.''
The Subcommittee received testimony from Vice Adm. Scott A.
Buschman, Deputy Commandant for Operations, U.S. Coast Guard,
Department of Homeland Security. This hearing examined how the
U.S. Coast Guard allocates hours and resources among its
multiple statutory missions, as well as how the Coast Guard
measures mission performance.
On November 16, 2021, the Subcommittee on Coast Guard and
Maritime Transportation held a hearing titled ``Rebuilding
Coast Guard Infrastructure to Sustain and Enhance Mission
Capability.'' The Subcommittee received testimony from the U.S.
Coast Guard and the U.S. Government Accountability Office
(GAO). The hearing examined the need to invest in and provide
oversight of shoreside infrastructure, information technology
(IT), and data infrastructure support for the U.S. Coast Guard
to carry out its missions efficiently and without interruptions
resulting from chronic underfunding and obsolescence of the
Service's physical and technology assets, technological change,
data gaps, or natural/environmental hazards.
Legislative History and Consideration
H.R. 6865 was introduced on February 28, 2022, by Mr.
DeFazio of Oregon, Mr. Graves of Missouri, Mr. Carbajal of
California, and Mr. Gibbs of Ohio and referred to the Committee
on Transportation and Infrastructure. Within the Committee,
H.R. 6865 was referred to the Subcommittee on Coast Guard and
Maritime Transportation.
The Chair discharged the Subcommittee on Coast Guard and
Maritime Transportation from further consideration of H.R. 6865
on March 2, 2022.
The Committee considered H.R. 6865 on March 2, 2022, and
ordered the measure to be reported to the House with a
favorable recommendation, amended, by voice vote.
The following amendments were offered:
A manager's amendment offered by Mr. DeFazio (#1); was
AGREED TO by voice vote.
An amendment offered by Mr. Gibbs (#2); At the end of
subtitle B of title IV, add Sec.__. ``Responsible Party''; was
WITHDRAWN.
An amendment offered by Mr. Van Drew (#3); At the end of
subtitle A of title III, add Sec.__. ``Implementation of
Designation''; was NOT AGREED TO by voice vote.
An amendment offered by Mr. Larsen (#4); At the end of
title IV, add Sec. 413. ``Assistance Related to Marine
Mammals''; was AGREED TO by voice vote.
An amendment offered by Mr. Perry (#5); At the end of
subtitle A of title III, add Sec.__. ``Exemption from Coastwise
Laws for Vessels Transporting Liquefied Natural Gas''; was NOT
AGREED TO by voice vote.
An amendment offered by Mr. Graves of Louisiana (#6); At
the end of title IV, add Sec.__. ``Manning and Crewing
Requirements for Certain Vessels, Vehicles, and Structures'';
was AGREED TO by a record vote of 59 yeas and 2 nays (Roll Call
Vote No. 86).
An amendment offered by Mr. Perry (#7); At the end of title
IV, add Sec.__. ``Prohibition on Use of Funds for Electric
Vehicles and Infrastructure''; was NOT AGREED TO by voice vote.
An amendment offered by Mr. Graves of Louisiana (#8); At
the end of subtitle B of title III, add Sec.__. ``Risk-Based
Inspections''; was WITHDRAWN.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
Committee on Transportation and Infrastructure Roll Call Vote No. 86
On: Agreeing to Amendment #6 offered by Mr. Graves of
Louisiana
Agreed to: 59 yeas and 2 nays.
------------------------------------------------------------------------
Minority
Majority Members Vote Members Vote
------------------------------------------------------------------------
Mr. DeFazio.................. Yea Mr. Graves of Yea
MO.
Ms. Norton................... Yea Mr. Young...... Yea
Ms. Johnson of TX............ Yea Mr. Crawford... Yea
Mr. Larsen of WA............. ........... Mr. Gibbs...... Yea
Mrs. Napolitano.............. Yea Mr. Webster.... Yea
Mr. Cohen.................... Yea Mr. Massie..... Nay
Mr. Sires.................... Yea Mr. Perry...... ...........
Mr. Garamendi................ Yea Mr. Rodney Yea
Davis of IL.
Mr. Johnson of GA............ Yea Mr. Katko...... ...........
Mr. Carson................... Yea Mr. Babin...... Yea
Ms. Titus.................... Yea Mr. Graves of Yea
LA.
Mr. Maloney of NY............ Yea Mr. Rouzer..... Yea
Mr. Huffman.................. Yea Mr. Bost....... Yea
Ms. Brownley................. Yea Mr. Weber of TX Yea
Ms. Wilson of FL............. Yea Mr. LaMalfa.... Yea
Mr. Payne.................... Yea Mr. Westerman.. Yea
Mr. Lowenthal................ Yea Mr. Mast....... ...........
Mr. DeSaulnier............... Yea Mr. Gallagher.. ...........
Mr. Lynch.................... Yea Mr. Fitzpatrick Yea
Mr. Carbajal................. Yea Miss Gonzalez- Yea
Colon.
Mr. Brown.................... ........... Mr. Balderson.. Yea
Mr. Malinowski............... Yea Mr. Stauber.... Yea
Mr. Stanton.................. Yea Mr. Burchett... Yea
Mr. Allred................... Yea Mr. Johnson of Yea
SD.
Ms. Davids of KS............. Yea Mr. Van Drew... Yea
Mr. Garcia of IL............. Yea Mr. Guest...... Yea
Mr. Delgado.................. Yea Mr. Nehls...... ...........
Mr. Pappas................... Yea Ms. Mace....... Yea
Mr. Lamb..................... Yea Ms. Malliotakis Yea
Mr. Moulton.................. Yea Ms. Van Duyne.. Yea
Mr. Auchincloss.............. Nay Mr. Gimenez.... ...........
Ms. Bourdeaux................ Yea Mrs. Steel..... Yea
Mr. Kahele................... Yea
Ms. Strickland............... Yea
Ms. Williams of GA........... Yea
Ms. Newman................... Yea
Mr. Carter of LA............. Yea
------------------------------------------------------------------------
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
reauthorize the Coast Guard in support of its missions.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 6865 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
Federal Mandates Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 6865 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. Short title; Table of Contents
This section provides that the act may be cited as the
``Coast Guard Authorization Act of 2022.''
Title I--Authorizations
Section 101. Authorizations of appropriations
This section amends Section 4902 of title 14, United States
Code, to authorize appropriations of $12.8 billion for fiscal
year 2022 and $13.9 billion for fiscal year 2023 for the Coast
Guard.
Section 102. Authorized levels of military strength and training
This section amends Section 4904 of title 14, United States
Code, to reauthorize the same levels of military strength and
training of 44,500 for fiscal years 2022 and 2023.
Section 103. Shoreside infrastructure and facilities
Of the amounts authorized under section 101, this section
authorizes $585 million to the Coast Guard for both fiscal year
2022 and 2023 to fund the acquisition, construction,
rebuilding, or improvement of Coast Guard shoreside
infrastructure facilities, including $175 million to improve
facilities at the Coast Guard Yard in Baltimore, Maryland, $60
million for the recapitalization of the barracks at the United
States Coast Guard Training Center Cape May in Cape May, New
Jersey, and $1.2 million for repairs to the Coast Guard
Station, New York, waterfront.
Section 104. Availability of amounts for acquisition of additional
cutters
Of the amounts authorized under section 101, this section
authorizes $300 million to the Coast Guard for both fiscal year
2022 and 2023 for the acquisition of a 12th National Security
Cutter and $210 million for the acquisition of three Fast
Response Cutters (at least one of which will be used for drug
and migrant interdiction in the Caribbean Basin and the Gulf of
Mexico). This section also authorizes $350 million for fiscal
year 2022 for the acquisition of a Great Lakes cutter, and an
additional $20 million for fiscal year 2023 for icebreaking
cutters for operation in the Northeast, Arctic, and Great
Lakes.
Title II--Coast Guard
Subtitle A--Military Personnel Matters
Section 201. Authorized strength
This section amends Section 3702 of title 14, United States
Code, to allow the Secretary to increase the authorized end
strength of the Coast Guard Selected Reserves to not more than
three percent of the current end strength per fiscal year. This
section also allows the Commandant to increase the end strength
of the Reserves to not more than two percent of the authorized
end strength upon finding that the increase is necessary to
enhance manning and readiness in essential units, critical
specialties, or ratings.
Section 202. Continuation of officers with certain critical skills on
active duty
This section amends Chapter 21 of title 14, United States
Code, to allow the Commandant to designate any officer above
grade O-2 to remain on active duty (after date of retirement)
if the officer possesses a critical skill or specialty for the
service.
Section 203. Number and distribution of officers on active-duty
promotion list
This section gradually increases the number of commissioned
officers on the active-duty promotion list to 7,400 by fiscal
year 2025 and institutes a reporting requirement if the number
allotted is exceeded. This section also institutes a reporting
requirement for the number of officers serving at other federal
entities on a reimbursable basis that are not included on the
active-duty promotion list.
Section 204. Coast Guard behavioral health policy
This section directs the Coast Guard to implement a
behavioral health policy that is in parity with the Department
of Defense.
Section 205. Improving representation of women and of racial and ethnic
minorities among Coast Guard active-duty members
This section directs the Coast Guard to identify
recommendations in the Coast Guard-commissioned RAND report
entitled ``Improving the Representation of Women and Racial/
Ethnic Minorities Among U.S. Coast Guard Active-Duty Members''
and submit a report to Congress on actions taken to implement
such recommendations. This section also requires the Coast
Guard to update its curriculum and training materials to
reflect the implementation of such recommendations.
Subtitle B--Operational Matters
Section 206. Pilot project for enhancing Coast Guard vessel readiness
through condition-based maintenance
This section directs the Coast Guard to conduct a pilot
project to enhance vessel readiness using commercially
developed condition-based program standards (e.g., install
instrumentation that produces active maintenance alerts, deploy
artificial intelligence) and submit an interim report on the
progress of the pilot project within six months of enactment of
this Act.
Section 207. Unmanned systems strategy
This section directs the Coast Guard to submit a report to
Congress detailing its strategy on implementing unmanned
systems across the Service. This section also directs the Coast
Guard's Blue Technology Center of Expertise to conduct a pilot
project on retrofitting an existing Coast Guard small boat with
commercially available autonomous control and computer vision
technology.
Section 208. Budgeting of Coast Guard relating to certain operations
This section amends Chapter 51 of title 14, United States
Code, to mandate the inclusion of a description of all expenses
incurred during the performance and execution of Department of
Defense readiness mission activities in the Coast Guard's
annual budget submission.
Section 209. Report on San Diego maritime domain awareness
This section directs the Coast Guard to submit a report to
Congress giving an overview of the maritime domain awareness in
the Coast Guard sector responsible for San Diego, California,
with the aim of estimating the volume of traffic engaged in
illicit maritime activity during fiscal years 2020-2022 to
assess the needs of Coast Guard Sector San Diego.
Section 210. Great Lakes winter shipping
This section mandates a two-stage report analyzing the
current capabilities of the Great Lakes icebreaking program,
including recommendations and an implementation plan to improve
operations. The section provides for a pilot program to include
data collected on commercial voyages, failed voyages due to
lack of icebreaking, time periods of icebreaking assistance,
and the percentage of hours that Great Lakes ice-covered
waterways are accessible.
Section 211. Center of expertise for Great Lakes oil spill search and
response
This section amends Section 807 of the Coast Guard
Authorization Act of 2018 (14 U.S.C. 313) to include the St.
Lawrence River and other river systems in the scope of the
functions of the Center of Expertise for Great Lakes Oil Spill
Preparedness and Response.
Section 212. Study on laydown of Coast Guard cutters
This section requires the Secretary of Homeland Security to
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
Section 213. Responses of Commandant of the Coast Guard to safety
recommendations
This section requires the Coast Guard to respond, in
writing, to each National Transportation Safety Board (NTSB)
recommendation with one of three potential answers: concur,
partially concur, or does not concur.
Section 214. Conveyance of Coast Guard vessels for public purposes
This section codifies Section 914 of the Coast Guard
Authorization Act of 2010 regarding the conveyance of Coast
Guard vessels and amends the section to authorize the
Administrator of the General Services Administration to
facilitate the transfer of assets directly from the Coast Guard
to an eligible entity for public purposes upon the Commandant's
request.
Section 215. Acquisition life-cycle cost estimates
This section amends Section 1132 of title 14, United States
Code, to modify the process of conducting life-cycle
acquisition project or program cost estimates and assessments.
Section 216. National Coast Guard Museum funding plan
This section amends section 316 of title 14, United States
Code, to remove the Department of Homeland Security Inspector
General from conducting the certification of the National Coast
Guard Museum funding plan and allow a third party to undertake
the review.
Section 217. Report on Coast Guard explosive ordinance disposal
This section requires the Coast Guard to submit a report to
Congress on the viability of establishing an explosive ordnance
disposal program in the Coast Guard, considering where such a
program would fit within the organizational structure of the
Coast Guard, what vehicles and dive craft would be required for
the transportation of explosive ordnance disposal elements, how
the program would support the Department of Homeland Security,
Department of Justice, and Department of Defense, and initial
and annual budget justification estimates.
Section 218. Pribilof Island transition completion actions
This section extends the timeline specified under section
524 of the Pribilof Island Transition Completion Act of 2016
(Public Law 114-120), and requires the Secretary of the
department in which the Coast Guard is operating to submit a
report to Congress detailing the personnel and equipment
deployed to St. Paul Island, Alaska, as required by section 524
of the Act, the status of an aircraft hangar leasing agreement
and associated costs of repairing the hangar to support a Coast
Guard aircraft, and plans for the fuel tank currently located
on St. Paul Island, Alaska.
Section 219. Notification of communication outages
This section requires the Coast Guard to submit a report to
Congress detailing a plan to notify mariners of radio outages
for towers owned and operated by the Coast Guard in District 17
and identifying technology gaps necessary to implement such
plan.
Title III--Maritime
Subtitle A--Shipping
Section 301. Nonoperating individual
This section amends section 8313 of the National Defense
Authorization Act of 2021 by extending the moratorium on
enforcement of section 8701 of title 46, United States Code,
with respect to persons on board merchant vessels who are not
passengers, but also are not necessary for the navigation or
safety of the vessel, to January 1, 2025.
Section 302. Oceanographic research vessels
This section requires the Secretary of Transportation to
submit a report on the number of oceanographic research vessels
that have operated in U.S. waters over the past ten years.
Section 303. Atlantic coast port access routes briefing
This section requires the Coast Guard to provide monthly
briefings to Congress on the progress made to execute the
requirements in section 70003 of title 46, United States Code,
with respect to the Atlantic Coast Port Access Route until such
requirements are complete.
Subtitle B--Vessel Safety
Section 304. Fishing vessel safety
This section amends chapter 45 of title 46, United States
Code, by allowing dockside exams for older fishing vessels as
frequently as every two years and repealing the never-
implemented Alternative Safety Compliance Program for such
vessels.
Section 305. Requirements for DUKW-type amphibious passenger vessels
This section requires the Coast Guard to implement
regulations recommended in the National Academies of Sciences,
Engineering, and Medicine report on Options for Improving the
Safety of DUKW Type Amphibious Vessels and the NTSB Safety
Recommendation Reports on the Amphibious Passenger Vessel
incidents in Table Rock, Missouri, Hot Springs, Arkansas, and
Seattle, Washington, related to the safety of DUKW-type
amphibious passenger vessels, popularly marketed as Duck boats.
Section 306. Exoneration and limitation of liability for small
passenger vessels
This section amends chapter 305 of title 46, United States
Code, to exempt certain small passenger vessels from the
Limitation of Liability Act and allow individuals injured on
small passenger vessels to recover financial damages greater
than the value of the vessel.
Section 307. Automatic identification system requirements
This section amends section 70114 of title 46, United
States Code, to require fishing vessels over 65 feet in length
be equipped with and operate an automatic identification system
(AIS) and authorizes $5 million to the Secretary of Commerce
for fiscal year 2022 to purchase AIS for fishing vessels more
than 50 feet in length.
Subtitle C--Shipbuilding Program
Section 308. Loans for retrofitting to qualify as a vessel of the
United States
This section amends section 53706 of title 46, United
States Code, to expand eligibility for a loan guarantee to
include retrofitting, repair, or similar work in shipyards in
the United States for worked required to allow the vessel to
become a vessel of the United States, be issued a coastwise
endorsement, or to convert civilian U.S. flagged vessels to a
more useful military configuration.
Section 309. Qualified vessel
This section amends section 53501 of title 46, United
States Code, to include certain passenger ferries, passenger
vessels, and small passenger vessels with 50 or more passengers
under the definition of qualified vessel and eligible vessel
under the Capital Construction Fund.
Section 310. Establishing a capital construction fund
This section amends section 53503 of title 46, United
States Code, to allow short sea transportation on certain
passenger ferries, passenger vessels, and small passenger
vessels with 50 or more passengers as an allowable use under
which to establish a capital construction fund.
Title IV--Miscellaneous
Subtitle A--Navigation
Section 401. Restriction on changing salvors
This section amends section 311 of the Federal Water
Pollution Act (33 U.S.C. 1321) by prohibiting the vessel owner/
operator from changing salvors designated in vessel response
plans as long as those salvors satisfy the Coast Guard
requirements in accordance with the National Contingency Plan.
This section further requires that the Coast Guard submit a
report to Congress should the Coast Guard authorize a deviation
from the salvor designated in the vessel response plan.
Section 402. Towing vessel inspection fees
The section prohibits the Secretary of the department in
which the Coast Guard is operating from charging an inspection
fee for towing vessels required to have a Certificate of
Inspection until review and promulgation of regulations
established under section 815 of the Frank LoBiondo Coast Guard
Authorization Act of 2018 take effect.
Section 403. Providing requirements for vessels anchored in established
anchorage grounds
This section amends section 70006 of title 46, United
States Code, to clarify existing Coast Guard authority to
establish anchorage grounds for vessels in navigable waters
taking into account navigational safety, protection of the
marine environment, undersea pipelines and cables, and national
security matters. This section also includes new requirements
for vessels to maintain anchor alarms and comply with
directions and orders from the Captain of Port.
Section 404. Aquatic Nuisance Species Task Force
This section adds the Directors of the National Park
Service and the Bureau of Land Management, and the Commissioner
of Reclamation to the Aquatic Nuisance Species Task Force and
allows the Task Force to provide technical assistance to
agencies involved in vessel inspections or decontamination.
This section also Institutes a 90-day deadline for the Task
Force to submit recommendations for legislative or regulatory
changes to eliminate gaps in authorities between members of the
Task Force to manage and control the movement of aquatic
nuisance species into or out of United States' territorial
waters.
Section 405. Limitation on recovery for certain injuries incurred in
aquaculture activities
This section amends section 30104 of title 46, United
States Code, to limit recovery for injuries sustained by an
aquaculture worker if state workers' compensation is available
to such individual; and to limit recovery to individuals who,
at the time of injury, were engaged in aquaculture activities
in a place where the individual had lawful access.
Subtitle B--Other Matters
Section 406. Information on type approval certificates
This section creates a new section under Title IX of the
Frank LoBiondo Coast Guard Authorization Act of 2018 which
directs the Coast Guard to make available to states, upon
request, information pertaining to Ballast Water Management
Systems with an approved ``Type Approval Certificate'' by the
Coast Guard pursuant to 46 CFR Subpart 162.060 et seq,
including the third-party data that was reviewed and forms the
basis for the type approval.
Section 407. Passenger vessel security and safety requirements
This section amends section 3507 of title 46, United States
Code, to clarify that vessels with overnight accommodations for
250 or more passengers are subject to the safety requirements
under such section.
Section 408. Cargo waiting time reduction
This section directs the existing Supply Chain Disruptions
task force to evaluate and quantify the economic and
environmental impact of cargo backlogs. This section also
requires the Coast Guard to report to Congress on the status of
vessel compliance with chapter 700 of title 46, United States
Code, and the status of the investigation into the cause of the
oil spill that occurred in October 2021 in the waters over the
San Pedro Shelf.
Section 409. Limited indemnity provisions in standby oil spill response
contracts
This section indemnifies an oil spill response contractor
up to $50,000 for liabilities and expenses incidental to the
containment or removal of oil arising out of the performance of
the contract unless the contractor is negligent or commits
misconduct.
Section 410. Port Coordination Council for Point Spencer
This section amends Section 541 of Public Law 114-120 to
provide for additional members and duties of the Port
Coordination Council for Point Spencer. It also authorizes $5
million for each of fiscal years 2023-2025 for oil spill
prevention and response infrastructure at Point Spencer.
Section 411. Alaska oil spill planning criteria
This section amends section 311 of the Federal Water
Pollution Control Act (33 U.S.C. 1321) to require the President
to establish alternate planning criteria to address oil spill
response within the area of responsibility of Coast Guard
Sector Anchorage.
Section 412. Nonapplicability
This section exempts the passenger vessel American Queen
(U.S. Coast Guard Official Number 1030765) and any other
passenger vessel that began construction before the date of
enactment of this Act from the requirements under sections
2507(d), 3507(e), 3508, and 3509 of title 46, United States
Code, when the vessel is operating inside the boundary line.
Section 413. Report on enforcement of coastwise laws
This section directs the Coast Guard to submit 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 made by section 9503 of the William M. (Mac)
Thornberry National Defense Authorization Act 2021 (Public Law
116-283).
Section 414. Land conveyance, Sharpe Army Depot, Lathrop, California
This section directs the Administrator of the Maritime
Administration to complete the land conveyance required under
section 2833 of the William M. (Mac) Thornberry National
Defense Authorization Act 2021 (Public Law 116-283).
Section 415. Center of Expertise for Marine Environmental Response
This section directs the Coast Guard to establish a Center
of Expertise for Marine Environmental Response.
Section 416. Prohibition on entry and operation.
This section prohibits vessels owned or operated by a
Russian national or operated by the Russian Government from
entering, operating, or transferring cargo in the navigable
waters, ports, or places of jurisdiction of the United States
while Executive Order 14065 (Blocking Property of Certain
Persons and Prohibiting Certain Transactions with Respect to
Continued Russia Efforts to Undermine the Sovereignty and
Territorial integrity of Ukraine) is in effect. This section
also prescribes specific noticing requirements and publication
in the Federal Register of a list of registered foreign vessels
subject to the prohibition.
Section 417. St. Lucie River railroad bridge.
This section directs the Coast Guard to implement
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 925 005
(WAMS #07301).''
Section 418. Assistance related to marine mammals
This section amends section 50307 of title 46, United
States Code, to add vessel noise reduction technology as
eligible under the Maritime Environmental and Technical
Assistance program and adds section 54102 to Chapter 541 of
title 46, United States Code, to establish a grant program to
mitigate vessel hazards such as impacts and noise on marine
mammals. This section also adds Chapter 507 to Subtitle V, Part
A of title 46, United States Code, to direct the Maritime
Administration to deploy a real-time monitoring program for
large whales as informed by a pilot project focusing on the
North Atlantic Right Whale.
Section 419. Manning and crewing requirements for certain vessels,
vehicles, and structures
This section establishes section 8109, ``Exemptions from
manning and crew requirements'' to Chapter 81 of title 46,
United States Code, to allow foreign flagged vessels to operate
in the Outer Continental Shelf if manned by either United
States crew, or crew of the nation of which the vessel is
flagged.
Title V--Sexual Assault and Sexual Harassment Prevention and Response
Section 501. Definitions
This section amends section 2101 of title 46, United States
Code, to define the terms ``sexual harassment'' and ``sexual
assault''.
Section 502. Convicted sex offender as grounds for denial
This section clarifies the ability of the Coast Guard to
deny a license, certificate of registry, or merchant mariner's
document to an individual who has been convicted of sexual
assault or sexual harassment (SASH) within the previous five
years.
Section 503. Sexual harassment or sexual assault as grounds for
suspension or revocation
This section requires the Coast Guard to revoke a license,
certificate of registry, or merchant mariner's document to an
individual who has been convicted of sexual assault within the
previous ten years, and it clarifies the ability of the Coast
Guard to revoke or suspend such credentials to an individual
who has been convicted of sexual harassment within the last
five years.
Section 504. Accommodations; notices
This section amends section 11101 of title 46, United
States Code, to require U.S. vessels to include information in
each crew sleeping area and bathroom on the SASH and drug and
alcohol policies of the vessels' owner and operator and
directions on how to report SASH and drug and alcohol
incidents.
Section 505. Protection against discrimination
This section amends section 2114 of title 46, United States
Code, to protect victims and witnesses who report or intend to
report SASH incidents from discrimination.
Section 506. Alcohol prohibition
This section directs the Coast Guard to promulgate
regulations related to crew consumption and possession of
alcohol. It also includes an amnesty provision so that the
violation of the alcohol policy does not impede the reporting
of SASH incidents.
Section 507. Surveillance requirements
This section mandates that non-passenger carrying, ocean-
going, commercial vessels install a video surveillance system
with audio capability in areas adjacent to bedrooms and limit
access of footage to law enforcement officials and victims of
SASH.
Section 508. Master key control
This section requires that vessel owners, with the
exception of cruise vessels subject to section 3507 of title
46, United States Code, implement a master key control system
to limit access to the vessel's master key, maintain a logbook
capturing all access and use of the vessel's master key, and
make the logbook available to law enforcement officials upon
request.
Section 509. Safety management systems
This section amends section 3203 of title 46 to require
company SASH policies be included in the vessel's safety
management system.
Section 510. Requirement to report sexual assault and harassment
This section amends 10104 of title 46, United States Code,
to create new reporting mandates and procedures for crew and
vessel owners to report SASH incidents to the Coast Guard and
outlines the reporting procedure.
Section 511. Civil actions for personal injury or death of seamen
This section amends sections 30104 and 30106 of title 46.
United States Code, to extend the current statute of
limitations for civil cases under title 46 to five years for
instances of SASH and clarifies that a private right of action
for maritime SASH claims exists.
Section 512. Administration of sexual assault forensic examination kits
This section adds section 563, ``Administration of sexual
assault forensic examination kits'' to Chapter 5 of title 14,
United States Code, to require that Coast Guard vessels that
are scheduled to be without access to a land-based or afloat
medical facility be equipped with at least two sexual assault
and forensic examination kits and at least one medical
professional qualified and trained to administer such kits.
Title VI--Technical, Conforming and Clarifying Amendments
Section 601. Technical corrections
This section amends section 319(b) of title 14, United
States Code, 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''. This section also amends section
1156(c) of title 14, United States Code, 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''.
Section 602. Transportation worker identification credential technical
amendments
This section amends section 70105 of title 46, United
States Code, by changing ``security cards'' to ``worker
identification credentials''.
Section 603. Reinstatement
This section reinstates 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, as it appeared on the day before the
enactment of section 8507(b) of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) and
redesignates it as the sole text of section 12 of the Act of
June 21, 1940 (33 U.S.C. 522).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 14, UNITED STATES CODE
* * * * * * *
SUBTITLE I--ESTABLISHMENT, POWERS, DUTIES, AND ADMINISTRATION
* * * * * * *
CHAPTER 3--COMPOSITION AND ORGANIZATION
* * * * * * *
Sec. 316. National Coast Guard Museum
(a) Establishment.--The Commandant may establish, accept,
operate, maintain and support the Museum, on lands which will
be federally owned and administered by the Coast Guard, and are
located in New London, Connecticut.
(b) Use of Funds.--
(1) The Secretary shall not expend any funds
appropriated to the Coast Guard on the construction of
any museum established under this section.
(2) Subject to the availability of appropriations,
the Secretary may expend funds appropriated to the
Coast Guard on the engineering and design of a Museum.
(3) The priority for the use of funds appropriated to
the Coast Guard shall be to preserve, protect, and
display historic Coast Guard artifacts, including the
design, fabrication, and installation of exhibits or
displays in which such artifacts are included.
(c) Funding Plan.--Not later than 2 years after the date of
the enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020 and at least 90 days before the date
on which the Commandant accepts the Museum under subsection
(f), 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 plan for constructing, operating, and
maintaining such Museum, including--
(1) estimated planning, engineering, design,
construction, operation, and maintenance costs;
(2) the extent to which appropriated,
nonappropriated, and non-Federal funds will be used for
such purposes, including the extent to which there is
any shortfall in funding for engineering, design, or
construction;
(3) an explanation of any environmental remediation
issues related to the land associated with the Museum;
and
(4) a certification by [the Inspector General of the
department in which the Coast Guard is operating] a
third party entity qualified to undertake such a
certification process that the estimates provided
pursuant to paragraphs (1) and (2) are reasonable and
realistic.
(d) Construction.--
(1) The Association may construct the Museum
described in subsection (a).
(2) The Museum shall be designed and constructed in
compliance with the International Building Code 2018,
and construction performed on Federal land under this
section shall be exempt from State and local
requirements for building or demolition permits.
(e) Agreements.--Under such terms and conditions as the
Commandant considers appropriate, notwithstanding section 504,
and until the Commandant accepts the Museum under subsection
(f), the Commandant may--
(1) license Federal land to the Association for the
purpose of constructing the Museum described in
subsection (a); and
(2)(A) at a nominal charge, lease the Museum from the
Association for activities and operations related to
the Museum; and
(B) authorize the Association to generate revenue
from the use of the Museum.
(f) Acceptance.--Not earlier than 90 days after the
Commandant submits the plan under subsection (c), the
Commandant shall accept the Museum from the Association and all
right, title, and interest in and to the Museum shall vest in
the United States when--
(1) the Association demonstrates, in a manner
acceptable to the Commandant, that the Museum meets the
design and construction requirements of subsection (d);
and
(2) all financial obligations of the Association
incident to the National Coast Guard Museum have been
satisfied.
(g) Services.--The Commandant may solicit from the
Association and accept services from nonprofit entities,
including services related to activities for construction of
the Museum.
(h) Authority.--The Commandant may not establish a Museum
except as set forth in this section.
(i) Definitions.--In this section:
(1) Museum.--The term ``Museum'' means the National
Coast Guard Museum.
(2) Association.--The term ``Association'' means the
National Coast Guard Museum Association.
* * * * * * *
Sec. 319. Land-based unmanned aircraft system program
(a) In General.--Subject to the availability of
appropriations, the Secretary shall establish a land-based
unmanned aircraft system program under the control of the
Commandant.
(b) Unmanned Aircraft System Defined.--In this section, the
term ``unmanned aircraft system'' has the meaning given that
term in [section 331 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 40101 note)] section 44801 of title 49.
(c) Funding for Certain Enhanced Capabilities.--In each of
fiscal years 2020 and 2021, the Commandant may provide
additional funding of $5,000,000 for additional long-range
maritime patrol aircraft, acquired through full and open
competition.
* * * * * * *
CHAPTER 5--FUNCTIONS AND POWERS
Sec.
* * * * * * *
CHAPTER 5--FUNCTIONS AND POWERS
SUBCHAPTER I--GENERAL POWERS
* * * * * * *
509. Conveyance of Coast Guard vessels for public purposes.
* * * * * * *
SUBCHAPTER IV--MISCELLANEOUS
* * * * * * *
564. Administration of sexual assault forensic examination kits.
* * * * * * *
SUBCHAPTER I--GENERAL POWERS
* * * * * * *
Sec. 509. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.
(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.
(b) Conditions of Conveyance.--The General Services
Administration may not convey a vessel or aircraft to an
eligible entity as authorized by law unless the eligible entity
agrees--
(1) to provide the documentation needed by the
General Services Administration to process a request
for aircraft or vessels as if such a request were being
processed under section 102.37.225 of title 41, Code of
Federal Regulations, as in effect on the date of
enactment of the Coast Guard Authorization Act of 2021;
(2) to comply with the special terms, conditions, and
restrictions imposed on aircraft and vessels under
section 102.37.460 of such title, as in effect on the
date of enactment of the Coast Guard Authorization Act
of 2021;
(3) to make the vessel available to the United States
Government if it is needed for use by the Commandant of
the Coast Guard in time of war or a national emergency;
and
(4) to hold the United States Government harmless for
any claims arising from exposure to hazardous
materials, including asbestos and polychlorinated
biphenyls, that occurs after conveyance of the vessel,
except for claims arising from use of the vessel by the
United States Government under paragraph (3).
(c) Other Obligations Unaffected.--Nothing in this section
amends or affects any obligation of the Coast Guard or any
other person under the Toxic Substances Control Act (15 U.S.C.
2601 et seq.) or any other law regarding use or disposal of
hazardous materials including asbestos and polychlorinated
biphenyls.
(d) Eligible Entity Defined.--In this section, the term
``eligible entity'' means a State or local government,
nonprofit corporation, educational agency, community
development organization, or other entity that agrees to comply
with the conditions established under this section.
* * * * * * *
SUBCHAPTER IV--MISCELLANEOUS
* * * * * * *
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).
CHAPTER 7--COOPERATION
Sec.
* * * * * * *
721. Responses to safety recommendations.
* * * * * * *
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.
* * * * * * *
CHAPTER 11--ACQUISITIONS
* * * * * * *
SUBCHAPTER II--IMPROVED ACQUISITION PROCESS AND PROCEDURES
* * * * * * *
Sec. 1132. Acquisition
(a) In General.--The Commandant may not establish a Level 1
or Level 2 acquisition project or program until the
Commandant--
(1) clearly defines the operational requirements for
the project or program;
(2) establishes the feasibility of alternatives;
(3) develops an acquisition project or program
baseline;
(4) produces a life-cycle cost estimate; and
(5) assesses the relative merits of alternatives to
determine a preferred solution in accordance with the
requirements of this section.
(b) Submission Required Before Proceeding.--Any Coast Guard
Level 1 or Level 2 acquisition project or program may not begin
to obtain any capability or asset or proceed beyond that phase
of its development that entails approving the supporting
acquisition until the Commandant submits to the appropriate
congressional committees the following:
(1) The key performance parameters, the key system
attributes, and the operational performance attributes
of the capability or asset to be acquired under the
proposed acquisition project or program.
(2) A detailed list of the systems or other
capabilities with which the capability or asset to be
acquired is intended to be interoperable, including an
explanation of the attributes of interoperability.
(3) The anticipated acquisition project or program
baseline and acquisition unit cost for the capability
or asset to be acquired under the project or program.
(4) A detailed schedule for the acquisition process
showing when all capability and asset acquisitions are
to be completed and when all acquired capabilities and
assets are to be initially and fully deployed.
(c) Analysis of Alternatives.--
(1) In general.--The Coast Guard may not acquire an
experimental or technically immature capability or
asset or implement a Level 1 or Level 2 acquisition
project or program, unless it has prepared an analysis
of alternatives for the capability or asset to be
acquired in the concept and technology development
phase of the acquisition process for the capability or
asset.
(2) Requirements.--The analysis of alternatives shall
be prepared by a federally funded research and
development center, a qualified entity of the
Department of Defense, or a similar independent third-
party entity that has appropriate acquisition expertise
and has no financial interest in any part of the
acquisition project or program that is the subject of
the analysis. At a minimum, the analysis of
alternatives shall include--
(A) an assessment of the technical maturity
of the capability or asset, and technical and
other risks;
(B) an examination of capability,
interoperability, and other advantages and
disadvantages;
(C) an evaluation of whether different
combinations or quantities of specific assets
or capabilities could meet the Coast Guard's
overall performance needs;
(D) a discussion of key assumptions and
variables, and sensitivity to change in such
assumptions and variables;
(E) when an alternative is an existing
capability, asset, or prototype, an evaluation
of relevant safety and performance records and
costs;
(F) a calculation of life-cycle costs
including--
(i) an examination of likely research
and development costs and the levels of
uncertainty associated with such
estimated costs;
(ii) an examination of likely
production and deployment costs and the
levels of uncertainty associated with
such estimated costs;
(iii) an examination of likely
operating and support costs and the
levels of uncertainty associated with
such estimated costs;
(iv) if they are likely to be
significant, an examination of likely
disposal costs and the levels of
uncertainty associated with such
estimated costs; and
(v) such additional measures as the
Commandant or the Secretary of the
department in which the Coast Guard is
operating determines to be necessary
for appropriate evaluation of the
capability or asset; and
(G) the business case for each viable
alternative.
(d) Test and Evaluation Master Plan.--
(1) In general.--For any Level 1 or Level 2
acquisition project or program the Chief Acquisition
Officer must approve a test and evaluation master plan
specific to the acquisition project or program for the
capability, asset, or subsystems of the capability or
asset and intended to minimize technical, cost, and
schedule risk as early as practicable in the
development of the project or program.
(2) Test and evaluation strategy.--The master plan
shall--
(A) set forth an integrated test and
evaluation strategy that will verify that
capability-level or asset-level and subsystem-
level design and development, including
performance and supportability, have been
sufficiently proven before the capability,
asset, or subsystem of the capability or asset
is approved for production; and
(B) require that adequate developmental tests
and evaluations and operational tests and
evaluations established under subparagraph (A)
are performed to inform production decisions.
(3) Other components of the master plan.--At a
minimum, the master plan shall identify--
(A) the key performance parameters to be
resolved through the integrated test and
evaluation strategy;
(B) the performance data to be used to
determine whether the key performance
parameters have been resolved;
(C) critical operational issues to be
assessed in addition to the key performance
parameters;
(D) the results during test and evaluation
that will be required to demonstrate that a
capability, asset, or subsystem meets
performance requirements;
(E) specific development test and evaluation
phases and the scope of each phase;
(F) modeling and simulation activities to be
performed, if any, and the scope of such
activities;
(G) early operational assessments to be
performed, if any, and the scope of such
assessments;
(H) operational test and evaluation phases;
(I) an estimate of the resources, including
funds, that will be required for all test,
evaluation, assessment, modeling, and
simulation activities; and
(J) the Government entity or independent
entity that will perform the test, evaluation,
assessment, modeling, and simulation
activities.
(4) Update.--The Chief Acquisition Officer must
approve an updated master plan whenever there is a
revision to project or program test and evaluation
strategy, scope, or phasing.
(5) Limitation.--The Coast Guard may not--
(A) proceed beyond that phase of the
acquisition process that entails approving the
supporting acquisition of a capability or asset
before the master plan is approved by the Chief
Acquisition Officer; or
(B) award any production contract for a
capability, asset, or subsystem for which a
master plan is required under this subsection
before the master plan is approved by the Chief
Acquisition Officer.
(e) Life-Cycle Cost Estimates.--
(1) In general.--The Commandant shall implement
mechanisms to ensure the development and regular
updating of life-cycle cost estimates for each
acquisition with a total acquisition cost that equals
or exceeds $10,000,000 and an expected service life of
10 or more years, and to ensure that these estimates
are considered in decisions to develop or produce new
or enhanced capabilities and assets.
[(2) Types of estimates.--In addition to life-cycle
cost estimates that may be developed by acquisition
program offices, the Commandant shall require that an
independent life-cycle cost estimate be developed for
each Level 1 or Level 2 acquisition project or program.
[(3) Required updates.--For each Level 1 or Level 2
acquisition project or program the Commandant shall
require that life-cycle cost estimates shall be updated
before each milestone decision is concluded and the
project or program enters a new acquisition phase.]
(2) Types of estimates.--For each Level 1 or Level 2
acquisition project or program, in addition to life-
cycle cost estimates developed under paragraph (1), the
Commandant shall require that--
(A) such life-cycle cost estimates be updated
before--
(i) each milestone decision is concluded; and
(ii) the project or program enters a new
acquisition phase; and
(B) an independent cost estimate or
independent cost assessment, as appropriate, be
developed to validate such life-cycle cost
estimates developed under paragraph (1).
* * * * * * *
SUBCHAPTER III--PROCUREMENT
* * * * * * *
Sec. 1156. Limitation on unmanned aircraft systems
(a) In General.--During any fiscal year for which funds are
appropriated for the design or construction of an Offshore
Patrol Cutter, the Commandant--
(1) may not award a contract for design of an
unmanned aircraft system for use by the Coast Guard;
and
(2) may lease, acquire, or acquire the services of an
unmanned aircraft system only if such system--
(A) has been part of a program of record of,
procured by, or used by a Federal entity (or
funds for research, development, test, and
evaluation have been received from a Federal
entity with regard to such system) before the
date on which the Commandant leases, acquires,
or acquires the services of the system; and
(B) is leased, acquired, or utilized by the
Commandant through an agreement with a Federal
entity, unless such an agreement is not
practicable or would be less cost-effective
than an independent contract action by the
Coast Guard.
(b) Small Unmanned Aircraft Exemption.--Subsection (a)(2)
does not apply to small unmanned aircraft.
(c) Definitions.--In this section, the terms ``small unmanned
aircraft'' and ``unmanned aircraft system'' have the meanings
given those terms in [section 331 of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 40101 note)] section 44801 of
title 49.
* * * * * * *
SUBTITLE II--PERSONNEL
* * * * * * *
CHAPTER 21--PERSONNEL; OFFICERS
Sec.
* * * * * * *
SUBCHAPTER II--DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS;
SEPARATION FOR CAUSE
* * * * * * *
2166. Continuation on active duty; Coast Guard officers with certain
critical skills.
* * * * * * *
SUBCHAPTER I--APPOINTMENT AND PROMOTION
* * * * * * *
Sec. 2103. Number and distribution of commissioned officers on active
duty promotion list
[(a) Maximum Total Number.--The total number of Coast Guard
commissioned officers on the active duty promotion list,
excluding warrant officers, shall not exceed 6,900; except that
the Commandant may temporarily increase that number by up to 2
percent for no more than 60 days following the date of the
commissioning of a Coast Guard Academy class.]
(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) Distribution Percentages by Grade.--
(1) Required.--The total number of commissioned
officers authorized by this section shall be
distributed in grade in the following percentages:
0.375 percent for rear admiral; 0.375 percent for rear
admiral (lower half); 6.0 percent for captain; 15.0
percent for commander; and 22.0 percent for lieutenant
commander.
(2) Discretionary.--The Secretary shall prescribe the
percentages applicable to the grades of lieutenant,
lieutenant (junior grade), and ensign.
(3) Authority of secretary to reduce percentage.--The
Secretary--
(A) may reduce, as the needs of the Coast
Guard require, any of the percentages set forth
in paragraph (1); and
(B) shall apply that total percentage
reduction to any other lower grade or
combination of lower grades.
(c) Computations.--
(1) In general.--The Secretary shall compute, at
least once each year, the total number of commissioned
officers authorized to serve in each grade by applying
the grade distribution percentages established by or
under this section to the total number of commissioned
officers listed on the current active duty promotion
list.
(2) Rounding fractions.--Subject to subsection (a),
in making the computations under paragraph (1), any
fraction shall be rounded to the nearest whole number.
(3) Treatment of officers serving outside coast
guard.--The number of commissioned officers on the
active duty promotion list below the rank of vice
admiral serving with other Federal departments or
agencies on a reimbursable basis or excluded under
section 324(d) of title 49 shall not be counted against
the total number of commissioned officers authorized to
serve in each grade.
(d) Use of Numbers; Temporary Increases.--The numbers
resulting from computations under subsection (c) shall be, for
all purposes, the authorized number in each grade; except that
the authorized number for a grade is temporarily increased
during the period between one computation and the next by the
number of officers originally appointed in that grade during
that period and the number of officers of that grade for whom
vacancies exist in the next higher grade but whose promotion
has been delayed for any reason.
(e) Officers Serving Coast Guard Academy and Reserve.--The
number of officers authorized to be serving on active duty in
each grade of the permanent commissioned teaching staff of the
Coast Guard Academy and of the Reserve serving in connection
with organizing, administering, recruiting, instructing, or
training the reserve components shall be prescribed by the
Secretary.
* * * * * * *
SUBCHAPTER II--DISCHARGES; RETIREMENTS; REVOCATION OF COMMISSIONS;
SEPARATION FOR CAUSE
* * * * * * *
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).
* * * * * * *
SUBTITLE III--COAST GUARD RESERVE AND AUXILIARY
* * * * * * *
CHAPTER 37--COAST GUARD RESERVE
* * * * * * *
SUBCHAPTER I--ADMINISTRATION
* * * * * * *
Sec. 3702. Authorized strength
(a) The President shall prescribe the authorized strength of
the Coast Guard Reserve if not otherwise prescribed by law.
(b) Subject to the authorized strength of the Coast Guard
Reserve, the Secretary shall determine, at least annually, the
authorized strength in numbers in each grade necessary to
provide for mobilization requirements. Without the consent of
the member concerned, a member of the Reserve may not be
reduced in grade because of the Secretary's determination.
(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.
* * * * * * *
SUBTITLE IV--COAST GUARD AUTHORIZATIONS AND REPORTS TO CONGRESS
* * * * * * *
CHAPTER 49--AUTHORIZATIONS
* * * * * * *
Sec. 4902. Authorizations of appropriations
Funds are authorized to be appropriated for fiscal [years
2020 and 2021] years 2022 and 2023 for necessary expenses of
the Coast Guard as follows:
(1)(A) For the operation and maintenance of the Coast
Guard, not otherwise provided for--
(i) [$8,151,620,850 for fiscal year 2020]
$9,282,360,000 for fiscal year 2022; and
(ii) [$8,396,169,475 for fiscal year 2021]
$10,210,596,000 for fiscal year 2023.
(B) Of the amount authorized under subparagraph
(A)(i), [$17,035,000] $17,723,520 shall be for
environmental compliance and restoration.
(C) Of the amount authorized under subparagraph,
(A)(ii) [$17,376,000] $18,077,990 shall be for
environmental compliance and restoration.
(2)(A) For the procurement, construction, renovation,
and improvement of aids to navigation, shore
facilities, vessels, aircraft, and systems, including
equipment related thereto, and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment--
(i) [$2,794,745,000 for fiscal year 2020]
$3,312,114,000 for fiscal year 2022; and
(ii) [$3,312,114,000 for fiscal year 2021]
$3,477,600,000 for fiscal year 2023.
(B) Of the amounts authorized under subparagraph (A),
the following amounts shall be for the alteration of
bridges:
(i) [$10,000,000 for fiscal year 2020]
$20,400,000 for fiscal year 2022; and
(ii) [$20,000,000 for fiscal year 2021]
$20,808,000 for fiscal year 2023.
(3) To the Commandant for research, development,
test, and evaluation of technologies, materials, and
human factors directly related to improving the
performance of the Coast Guard's mission with respect
to search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of
laws and treaties, ice operations, oceanographic
research, and defense readiness, and for maintenance,
rehabilitation, lease, and operation of facilities and
equipment--
(A) [$13,834,000 for fiscal year 2020]
$14,393,220 for fiscal year 2022; and
(B) [$14,111,000 for fiscal year 2021]
$14,681,084 for fiscal year 2023.
(4) For the Coast Guard's Medicare-eligible retiree
health care fund contribution to the Department of
Defense--
(A) [$205,107,000 for fiscal year 2020]
$213,393,180 for fiscal year 2022; and
(B) [$209,209,000 for fiscal year 2021]
$217,661,044 for fiscal year 2023.
* * * * * * *
Sec. 4904. Authorized levels of military strength and training
(a) Active Duty Strength.--The Coast Guard is authorized an
end-of-year strength for active duty personnel of 44,500 for
each of [fiscal years 2020 and 2021] fiscal years 2022 and
2023.
(b) Military Training Student Loads.--The Coast Guard is
authorized average military training student loads for each of
[fiscal years 2020 and 2021] fiscal years 2022 and 2023 as
follows:
(1) For recruit and special training, 2,500 student
years.
(2) For flight training, 165 student years.
(3) For professional training in military and
civilian institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.
* * * * * * *
CHAPTER 51--REPORTS
Sec.
* * * * * * *
5113. Officers not on active duty promotion list.
5114. Expenses of performing and executing defense readiness mission
activities.
* * * * * * *
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.
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.
* * * * * * *
----------
WILLIAM M. (MAC) THORNBERRY NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 2021
* * * * * * *
DIVISION G--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020
* * * * * * *
TITLE LVXXXI--AUTHORIZATIONS
* * * * * * *
SEC. 8105. PROCUREMENT AUTHORITY FOR POLAR SECURITY CUTTERS.
(a) Funding.--Of the amounts authorized to be appropriated
by--
(1) section 4902(2)(A)(i) of title 14, United States
Code, as amended by section 8101 of this division,
$135,000,000 for fiscal year 2020; and
(2) section 4902(2)(A)(ii) of title 14, United States
Code, as amended by section 8101 of this division,
$610,000,000 for fiscal year 2021,is authorized for
construction of a Polar Security Cutter.
[(b) Prohibition on Contracts or Use of Funds for Development
of Common Hull Design.--Notwithstanding any other provision of
law, the Secretary of the department in which the Coast Guard
is operating may not enter into any contract for, and no funds
shall be obligated or expended on, the development of a common
hull design for medium Polar Security Cutters and Great Lakes
icebreakers.]
(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.
* * * * * * *
TITLE LVXXXIII--MARITIME
* * * * * * *
Subtitle B--Shipping
* * * * * * *
SEC. 8313. NON-OPERATING INDIVIDUAL.
(a) In General.--The Secretary of the department in which the
Coast Guard is operating shall not enforce section 8701 of
title 46, United States Code, with respect to the following:
(1) A vessel with respect to individuals, other than
crew members required by the Certificate of Inspection
or to ensure the safe navigation of the vessel and not
a member of the steward's department, engaged on board
for the sole purpose of carrying out spill response
activities, salvage, marine firefighting, or commercial
diving business or functions from or on any vessel,
including marine firefighters, spill response
personnel, salvage personnel, and commercial divers and
diving support personnel.
(2) An offshore supply vessel, an industrial vessel
(as such term is defined in section 90.10-16 of title
46, Code of Federal Regulations), or other similarly
engaged vessel with respect to persons engaged in the
business of the ship on board the vessel--
(A) for--
(i) supporting or executing the
industrial business or function of the
vessel;
(ii) brief periods to conduct surveys
or investigations, assess crew
competence, conduct vessel trials,
provide extraordinary security
resources, or similar tasks not
traditionally performed by the vessel
crew; or
(iii) performing maintenance tasks on
equipment under warranty, or on
equipment not owned by the vessel
owner, or maintenance beyond the
capability of the vessel crew to
perform; and
(B) not the master or crew members required
by the certificate of inspection and not a
member of the steward's department.
(b) Sunset.--The prohibition in subsection (a) shall
terminate on [the date that is 2 years after the date of the
enactment of this Act] January 1, 2025.
(c) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Commandant shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report detailing recommendations to
ensure that personnel working on a vessel who perform
work or operate equipment on such vessel not related to
the operation of the vessel itself undergo a background
check and the appropriate training necessary to ensure
personnel safety and the safety of the vessel's crew.
(2) Contents.--The report required under paragraph
(1) shall include, at a minimum, a discussion of--
(A) options and recommendations for ensuring
that the individuals covered by subsection (a)
are appropriately screened to mitigate security
and safety risks, including to detect substance
abuse;
(B) communication and collaboration between
the Coast Guard, the department in which the
Coast Guard is operating, and relevant
stakeholders regarding the development of
processes and requirements for conducting
background checks and ensuring such individuals
receive basic safety familiarization and basic
safety training approved by the Coast Guard;
(C) any identified legislative changes
necessary to implement effective training and
screening requirements for individuals covered
by subsection (a); and
(D) the timeline and milestones for
implementing such requirements.
* * * * * * *
----------
FRANK LOBIONDO COAST GUARD AUTHORIZATION ACT OF 2018
* * * * * * *
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
* * * * * * *
TITLE IX--VESSEL INCIDENTAL DISCHARGE ACT
* * * * * * *
Sec. 904. Information on type approval certificates.
* * * * * * *
TITLE VIII--MISCELLANEOUS
* * * * * * *
SEC. 807. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL SEARCH AND
RESPONSE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Commandant of the Coast Guard shall
establish a Center of Expertise for Great Lakes Oil Spill
Preparedness and Response (referred to in this section as the
``Center of Expertise'') in accordance with section 313 of
title 14, United States Code, as amended by this Act.
(b) Location.--The Center of Expertise shall be located in
close proximity to--
(1) critical crude oil transportation infrastructure
on and connecting the Great Lakes, such as submerged
pipelines and high-traffic navigation locks; and
(2) an institution of higher education with adequate
aquatic research laboratory facilities and capabilities
and expertise in Great Lakes aquatic ecology,
environmental chemistry, fish and wildlife, and water
resources.
(c) Functions.--The Center of Expertise shall--
(1) monitor and assess, on an ongoing basis, the
current state of knowledge regarding freshwater oil
spill response technologies and the behavior and
effects of oil spills in the Great Lakes;
(2) identify any significant gaps in Great Lakes oil
spill research, including an assessment of major
scientific or technological deficiencies in responses
to past spills in the Great Lakes and other freshwater
bodies, and seek to fill those gaps;
(3) conduct research, development, testing, and
evaluation for freshwater oil spill response equipment,
technologies, and techniques to mitigate and respond to
oil spills in the Great Lakes;
(4) educate and train Federal, State, and local first
responders located in Coast Guard District 9 in--
(A) the incident command system structure;
(B) Great Lakes oil spill response techniques
and strategies; and
(C) public affairs; and
(5) work with academic and private sector response
training centers to develop and standardize maritime
oil spill response training and techniques for use on
the Great Lakes.
[(d) Definition.--In this section, the term ``Great Lakes''
means Lake Superior, Lake Michigan, Lake Huron, Lake Erie, and
Lake Ontario.]
(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).
* * * * * * *
TITLE IX--VESSEL INCIDENTAL DISCHARGE ACT
* * * * * * *
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.
* * * * * * *
----------
COAST GUARD AUTHORIZATION ACT OF 2010
SECTION 1. SHORT TITLE; TABLE OF CONTENTS
(a) Short Title.--This Act may be cited as the ``Coast Guard
Authorization Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE IX--MISCELLANEOUS PROVISIONS
* * * * * * *
[Sec. 914. Conveyance of Coast Guard vessels for public purposes.]
* * * * * * *
TITLE IX--MISCELLANEOUS PROVISIONS
* * * * * * *
[SEC. 914. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.
[(a) In General.--Whenever the transfer of ownership of a
Coast Guard vessel or aircraft to an eligible entity for use
for educational, cultural, historical, charitable,
recreational, or other public purposes is authorized by law or
declared excess by the Commandant, the Coast Guard shall
transfer the vessel or aircraft to the General Services
Administration for conveyance to the eligible entity.
[(b) Conditions of Conveyance.--The General Services
Administration may not convey a vessel or aircraft to an
eligible entity as authorized by law unless the eligible entity
agrees--
[(1) to provide the documentation needed by the
General Services Administration to process a request
for aircraft or vessels under section 102.37.225 of
title 41, Code of Federal Regulations;
[(2) to comply with the special terms, conditions,
and restrictions imposed on aircraft and vessels under
section 102.37.460 of such title;
[(3) to make the vessel available to the United
States Government if it is needed for use by the
Commandant of the Coast Guard in time of war or a
national emergency; and
[(4) to hold the United States Government harmless
for any claims arising from exposure to hazardous
materials, including asbestos and polychlorinated
biphenyls, that occurs after conveyance of the vessel,
except for claims arising from use of the vessel by the
United States Government under paragraph (3).
[(c) Other Obligations Unaffected.--Nothing in this section
amends or affects any obligation of the Coast Guard or any
other person under the Toxic Substances Control Act (15 U.S.C.
2601 et seq.) or any other law regarding use or disposal of
hazardous materials including asbestos and polychlorinated
biphenyls.
[(d) Eligible Entity Defined.--In this section, the term
``eligible entity'' means a State or local government,
nonprofit corporation, educational agency, community
development organization, or other entity that agrees to comply
with the conditions established under this section.]
* * * * * * *
----------
PRIBILOF ISLAND TRANSITION COMPLETION ACT OF 2016
* * * * * * *
TITLE V--CONVEYANCES
* * * * * * *
Subtitle B--Pribilof Islands
* * * * * * *
SEC. 524. TRANSFER, USE, AND DISPOSAL OF TRACT 43.
(a) Transfer.--Not later than 30 days after the date of the
enactment of the Pribilof Islands Transition Completion
Amendments Act of 2016, the Secretary of Commerce shall--
(1) terminate the license; and
(2) transfer tract 43 to the Secretary of the
department in which the Coast Guard is operating.
(b) Determination, Transfer, and Conveyance.--
(1) In general.--Not later than the end of the 90-day
period beginning on the date of the transfer required
under subsection (a)(2), the Secretary 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
determination of--
(A) lands and improvements in tract 43 that
are not necessary to carry out Coast Guard
communications and search and rescue
activities; and
(B) the smallest practicable tract enclosing
lands and improvements in tract 43 that are
necessary to carry out such communications and
activities.
(2) Surveys, maps, descriptions, and plan.--
(A) Lands and improvements not necessary to
coast guard activities.--The determination
under paragraph (1)(A) shall include a metes-
and-bounds survey, map, and legal description
of the lands and improvements to which the
determination applies. Such survey, map, and
legal description shall have the same force and
effect as if included in this section, except
that the Secretary may correct clerical and
typographical errors in the survey, map, and
legal description.
(B) Lands and improvements necessary to coast
guard activities.--The determination under
paragraph (1)(B) shall include with respect to
the lands and improvements to which the
determination applies--
(i) a metes-and-bounds survey, map,
and legal description of such lands and
improvements, which shall have the same
force and effect as if included in this
section, except that the Secretary may
correct clerical and typographical
errors in the survey, map, and legal
description;
(ii) a description of Coast Guard
actual use and occupancy of such lands
and improvements intended to occur
within 3 years after the date of the
enactment of the Pribilof Islands
Transition Completion Amendments Act of
2016; and
(iii) a plan to maintain existing
facilities in useable condition, or
demolish or replace those facilities,
including a cost estimate for carrying
out such plan.
(3) Conveyance.--In partial settlement of land claims
under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), and not later than 60 days after
the submission of the determination under paragraph
(1)(A), the Secretary shall convey to the Alaska Native
Village Corporation for St. Paul Island all right,
title, and interest of the United States in and to the
land and improvements depicted on the metes-and-bounds
survey, map, and legal description of the lands and
improvements to which the determination under paragraph
(1)(A) applies.
(4) Failure to provide determination.--If a
determination under paragraph (1) is not provided
within the period specified in that paragraph, in
partial settlement of land claims under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)
the Secretary shall, by not later than 30 days after
the end of that period, convey all right, title, and
interest of the United States in and to tract 43 to the
Alaska Native Village Corporation for St. Paul Island.
(5) Failure to implement use and occupancy.--If the
use and occupancy described in paragraph (2)(B)(ii)
have not been fully implemented within [5 years] 6
years after the date of enactment of the Pribilof
Islands Transition Completion Amendments Act of 2016,
in partial settlement of land claims under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)
the Secretary shall convey to the Alaska Native Village
Corporation for St. Paul Island all right, title, and
interest of the United States in and to such portions
of the lands and improvements to which the
determination under paragraph (1)(B) applies and for
which such implementation has not occurred.
(c) Further Determination and Conveyance.--
(1) In general.--Not later than 5 years after the
date of the enactment of the Pribilof Islands
Transition Completion Amendments Act of 2016, and not
less than once every 5 years thereafter, the Secretary
shall--
(A) review the determination made under
subsection (b)(1)(B); and
(B) determine if the lands and improvements
to which the determination applies are in
excess of the smallest practicable tract
enclosing the lands and improvements needed to
carry out Coast Guard missions.
(2) Report of determination.--When a determination is
made under paragraph (1), the Secretary shall report
the determination to--
(A) the Committee on Transportation and
Infrastructure of the House of Representatives;
(B) the Committee on Commerce, Science, and
Transportation of the Senate; and
(C) the Alaska Native Village Corporation for
St. Paul Island.
(3) Election to receive.--Not later than [60 days]
120 days after the date it receives a determination
under paragraph (1), the Alaska Native Village
Corporation for St. Paul Island shall notify the
Secretary in writing whether the Alaska Native Village
Corporation elects to receive all right, title, and
interest of the United States in and to any lands and
improvements or a portion of any lands and improvements
determined to be in excess of those needed to carry out
Coast Guard missions in partial settlement of land
claims under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.).
(4) Conveyance.--If such Alaska Native Village
Corporation provides notice under paragraph (3) that
the Alaska Native Village Corporation elects to receive
all right, title, and interest of the United States in
and to any lands and improvements or a portion of any
lands and improvements, in partial settlement of land
claims under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.) the Secretary shall convey all
right, title, and interest of the United States in and
to the lands and improvements or portion thereof to
such Alaska Native Village Corporation.
(5) Other disposal.--If such Alaska Native Village
Corporation does not provide notice under paragraph (3)
that the Alaska Native Village Corporation elects to
receive all right, title, and interest of the United
States in and to any lands and improvements or a
portion of any lands and improvements, the Secretary
may dispose of the lands and improvements in accordance
with other applicable law.
(d) CERCLA Not Affected.--No transfer or conveyance of
property under this section shall be construed to affect or
limit the application of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)).
(e) Reports.--
(1) Remediation of contaminated soil.--Not later than
2 years after the date of the enactment of the Pribilof
Islands Transition Completion Amendments Act of 2016
and not less than once every 2 years thereafter, the
Secretary 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--
(A) efforts taken to remediate contaminated
soils on tract 43 and tract 39; and
(B) a schedule for the completion of
remediation of contaminated soils on tract 43
and tract 39.
(2) Number of coast guard personnel who carried out
coast guard missions.--On the 15th day of each April
and October, 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 notice detailing the number of Coast Guard
personnel who carried out Coast Guard missions on tract
43 during the previous six months and what Coast Guard
missions were carried out by such personnel.
(f) Redundant Capability.--
(1) Rule of construction.--Except as provided in
paragraph (2), section 681 of title 14, United States
Code, shall not be construed to prohibit any conveyance
of lands or improvements under this subtitle or any
actions that involve the dismantling or disposal of
infrastructure that supported the former LORAN system
that are associated with the conveyance of lands or
improvements under this subtitle.
(2) Redundant capability.--If, within the 5-year
period beginning on the date of the enactment of the
Pribilof Islands Transition Completion Amendments Act
of 2016, the Secretary determines that communication
equipment, including towers, antennae, and
transmitters, on property conveyed in accordance with
this subtitle is subsequently required to provide a
positioning, navigation, and timing system to provide
redundant capability in the event GPS signals are
disrupted, the Secretary may--
(A) operate, maintain, keep, locate, inspect,
repair, and replace such equipment; and
(B) in carrying out the activities described
in subparagraph (A), enter, at any time, a
facility without notice, to the extent that it
is not possible to provide advance notice, for
as long as such equipment is needed to provide
such capability.
(g) Federal Use.--In addition to entry under subsection
(f)(2)(B), the Secretary may enter property conveyed in
accordance with this subtitle for purposes of environmental
compliance and remediation after providing advance notice to
the property owner to the extent that it is possible to provide
such notice.
(h) High Frequency Communications.--
(1) Restriction.--Except as provided in paragraph
(2), on property contained within the boundaries of
tract 43 as in effect on the date of enactment of the
Pribilof Islands Transition Completion Amendments Act
of 2016, no person may operate or maintain--
(A) radio frequency transmitting equipment
that produces a signal that exceeds 5
microvolts per meter field intensity, other
than such equipment that was in use on the site
before the date of the enactment of such Act;
or
(B) electric welding equipment, electric
generating equipment, a diathermy machine,
electric motors of any kind having greater than
5 horsepower, or any other machinery, engine,
or equipment that causes any electromagnetic
interference.
(2) Exception.--A person may engage in operations or
maintenance otherwise prohibited by paragraph (1) with
the concurrence of the Secretary.
(i) Definitions.--For purposes of this section:
(1) License.--The term ``license'' means the
agreement dated January 9, 2006, entitled ``License
Agreement Between The Department of Homeland Security,
United States Coast Guard, and The Department of
Commerce, National Oceanic and Atmospheric
Administration''.
(2) Tract 39.--The term ``tract 39'' means T. 35 S.,
R. 131 W., Seward Meridian, Alaska, Tract 39, the plat
of which was Officially Filed on May 14, 1986,
containing 0.90 acres.
(3) Tract 43.--The term ``tract 43'' means T. 35 S.,
R. 131 W., Seward Meridian, Alaska, Tract 43, the plat
of which was Officially Filed on May 14, 1986,
containing 84.88 acres, and any improvements on such
tract.
(4) Secretary.--The term ``Secretary'' means the
Secretary of the department in which the Coast Guard is
operating.
* * * * * * *
----------
TITLE 46, UNITED STATES CODE
* * * * * * *
SUBTITLE II--VESSELS AND SEAMEN
* * * * * * *
Part B--Inspection and Regulation of Vessels
General.......................................................3101
* * * * * * *
4901Oceangoing Non-Passenger Commercial Vessels.......................
* * * * * * *
PART A--GENERAL PROVISIONS
* * * * * * *
CHAPTER 21--GENERAL
* * * * * * *
Sec. 2101. General definitions
In this subtitle--
(1) ``associated equipment''--
(A) means--
(i) a system, accessory, component,
or appurtenance of a recreational
vessel; or
(ii) a marine safety article intended
for use on board a recreational vessel;
but
(B) with the exception of emergency locator
beacons for recreational vessels operating
beyond 3 nautical miles from the baselines from
which the territorial sea of the United States
is measured or beyond 3 nautical miles from the
coastline of the Great Lakes, does not include
radio equipment.
(2) ``Coast Guard'' means the organization
established and continued under section 1 of title 14.
(3) ``Commandant'' means the Commandant of the Coast
Guard.
(4) ``commercial service'' includes any type of trade
or business involving the transportation of goods or
individuals, except service performed by a combatant
vessel.
(5) ``consideration'' means an economic benefit,
inducement, right, or profit including pecuniary
payment accruing to an individual, person, or entity,
but not including a voluntary sharing of the actual
expenses of the voyage, by monetary contribution or
donation of fuel, food, beverage, or other supplies.
(6) ``crude oil'' means a liquid hydrocarbon mixture
occurring naturally in the earth, whether or not
treated to render it suitable for transportation, and
includes crude oil from which certain distillate
fractions may have been removed, and crude oil to which
certain distillate fractions may have been added.
(7) ``crude oil tanker'' means a tanker engaged in
the trade of carrying crude oil.
(8) ``dangerous drug'' means a narcotic drug, a
controlled substance, or a controlled substance analog
(as defined in section 102 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C.
802)).
(9) ``discharge'', when referring to a substance
discharged from a vessel, includes spilling, leaking,
pumping, pouring, emitting, emptying, or dumping,
however caused.
(10) ``ferry'' means a vessel that is used on a
regular schedule--
(A) to provide transportation only between
places that are not more than 300 miles apart;
and
(B) to transport only--
(i) passengers; or
(ii) vehicles, or railroad cars, that
are being used, or have been used, in
transporting passengers or goods.
(11) ``fish'' means finfish, mollusks, crustaceans,
and all other forms of marine animal and plant life,
except marine mammals and birds.
(12) ``fishing vessel'' means a vessel that
commercially engages in the catching, taking, or
harvesting of fish or an activity that can reasonably
be expected to result in the catching, taking, or
harvesting of fish.
(13) ``fish processing vessel'' means a vessel that
commercially prepares fish or fish products other than
by gutting, decapitating, gilling, skinning, shucking,
icing, freezing, or brine chilling.
(14) ``fish tender vessel'' means a vessel that
commercially supplies, stores, refrigerates, or
transports fish, fish products, or materials directly
related to fishing or the preparation of fish to or
from a fishing, fish processing, or fish tender vessel
or a fish processing facility.
(15) ``freight vessel'' means a motor vessel of more
than 15 gross tons as measured under section 14502 of
this title, or an alternate tonnage measured under
section 14302 of this title as prescribed by the
Secretary under section 14104 of this title that
carries freight for hire, except an oceanographic
research vessel or an offshore supply vessel.
(16) ``Great Lakes barge'' means a non-self-propelled
vessel of at least 3,500 gross tons as measured under
section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title operating on the Great Lakes.
(17) ``hazardous material'' means a liquid material
or substance that is--
(A) flammable or combustible;
(B) designated a hazardous substance under
section 311(b) of the Federal Water Pollution
Control Act (33 U.S.C. 1321); or
(C) designated a hazardous material under
section 5103(a) of title 49.
(18) ``major conversion'' means a conversion of a
vessel that--
(A) substantially changes the dimensions or
carrying capacity of the vessel;
(B) changes the type of the vessel;
(C) substantially prolongs the life of the
vessel; or
(D) otherwise so changes the vessel that it
is essentially a new vessel, as decided by the
Secretary.
(19) ``marine environment'' means--
(A) the navigable waters of the United States
and the land and resources in and under those
waters;
(B) the waters and fishery resources of an
area over which the United States asserts
exclusive fishery management authority;
(C) the seabed and subsoil of the outer
Continental Shelf of the United States, the
resources of the Shelf, and the waters
superjacent to the Shelf; and
(D) the recreational, economic, and scenic
values of the waters and resources referred to
in subclauses (A)-(C) of this clause.
(20) ``mobile offshore drilling unit'' means a vessel
capable of engaging in drilling operations for the
exploration or exploitation of subsea resources.
(21) ``motor vessel'' means a vessel propelled by
machinery other than steam.
(22) ``nautical school vessel'' means a vessel
operated by or in connection with a nautical school or
an educational institution under section 558 of title
40.
(23) ``navigable waters of the United States''
includes all waters of the territorial sea of the
United States as described in Presidential Proclamation
No. 5928 of December 27, 1988.
(24) ``oceanographic research vessel'' means a vessel
that the Secretary finds is being employed only in
instruction in oceanography or limnology, or both, or
only in oceanographic or limnological research,
including studies about the sea such as seismic,
gravity meter, and magnetic exploration and other
marine geophysical or geological surveys, atmospheric
research, and biological research.
(25) ``offshore supply vessel'' means a motor vessel
that regularly carries goods, supplies, individuals in
addition to the crew, or equipment in support of
exploration, exploitation, or production of offshore
mineral or energy resources.
(26) ``oil'' includes oil of any type or in any form,
including petroleum, fuel oil, sludge, oil refuse, and
oil mixed with wastes except dredged spoil.
(27) ``oil spill response vessel'' means a vessel
that is designated in its certificate of inspection as
such a vessel, or that is adapted to respond to a
discharge of oil or a hazardous material.
(28) ``overall in length'' means--
(A) for a foreign vessel or a vessel engaged
on a foreign voyage, the greater of--
(i) 96 percent of the length on a
waterline at 85 percent of the least
molded depth measured from the top of
the keel (or on a vessel designed with
a rake of keel, on a waterline parallel
to the designed waterline); or
(ii) the length from the fore side of
the stem to the axis of the rudder
stock on that waterline; and
(B) for any other vessel, the horizontal
distance of the hull between the foremost part
of the stem and the aftermost part of the
stern, excluding fittings and attachments.
(29) ``passenger''--
(A) means an individual carried on the vessel
except--
(i) the owner or an individual
representative of the owner or, in the
case of a vessel under charter, an
individual charterer or individual
representative of the charterer;
(ii) the master; or
(iii) a member of the crew engaged in
the business of the vessel who has not
contributed consideration for carriage
and who is paid for on board services;
(B) on an offshore supply vessel, means an
individual carried on the vessel except--
(i) an individual included in clause
(i), (ii), or (iii) of subparagraph (A)
of this paragraph;
(ii) an employee of the owner, or of
a subcontractor to the owner, engaged
in the business of the owner;
(iii) an employee of the charterer,
or of a subcontractor to the charterer,
engaged in the business of the
charterer; or
(iv) an individual employed in a
phase of exploration, exploitation, or
production of offshore mineral or
energy resources served by the vessel;
(C) on a fishing vessel, fish processing
vessel, or fish tender vessel, means an
individual carried on the vessel except--
(i) an individual included in clause
(i), (ii), or (iii) of subparagraph (A)
of this paragraph;
(ii) a managing operator;
(iii) an employee of the owner, or of
a subcontractor to the owner, engaged
in the business of the owner;
(iv) an employee of the charterer, or
of a subcontractor to the charterer,
engaged in the business of the
charterer; or
(v) an observer or sea sampler on
board the vessel pursuant to a
requirement of State or Federal law; or
(D) on a sailing school vessel, means an
individual carried on the vessel except--
(i) an individual included in clause
(i), (ii), or (iii) of subparagraph (A)
of this paragraph;
(ii) an employee of the owner of the
vessel engaged in the business of the
owner, except when the vessel is
operating under a demise charter;
(iii) an employee of the demise
charterer of the vessel engaged in the
business of the demise charterer; or
(iv) a sailing school instructor or
sailing school student.
(30) ``passenger for hire'' means a passenger for
whom consideration is contributed as a condition of
carriage on the vessel, whether directly or indirectly
flowing to the owner, charterer, operator, agent, or
any other person having an interest in the vessel.
(31) ``passenger vessel'' means a vessel of at least
100 gross tons as measured under section 14502 of this
title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary
under section 14104 of this title--
(A) carrying more than 12 passengers,
including at least one passenger for hire;
(B) that is chartered and carrying more than
12 passengers;
(C) that is a submersible vessel carrying at
least one passenger for hire; or
(D) that is a ferry carrying a passenger.
(32) ``product carrier'' means a tanker engaged in
the trade of carrying oil except crude oil.
(33) ``public vessel'' means a vessel that--
(A) is owned, or demise chartered, and
operated by the United States Government or a
government of a foreign country; and
(B) is not engaged in commercial service.
(34) ``recreational vessel'' means a vessel--
(A) being manufactured or operated primarily
for pleasure; or
(B) leased, rented, or chartered to another
for the latter's pleasure.
(35) ``recreational vessel manufacturer'' means a
person engaged in the manufacturing, construction,
assembly, or importation of recreational vessels,
components, or associated equipment.
(36) ``riding gang member'' means an individual who--
(A) has not been issued a merchant mariner
document under chapter 73;
(B) does not perform--
(i) watchstanding, automated engine
room duty watch, or personnel safety
functions; or
(ii) cargo handling functions,
including any activity relating to the
loading or unloading of cargo, the
operation of cargo-related equipment
(whether or not integral to the
vessel), and the handling of mooring
lines on the dock when the vessel is
made fast or let go;
(C) does not serve as part of the crew
complement required under section 8101;
(D) is not a member of the steward's
department; and
(E) is not a citizen or temporary or
permanent resident of a country designated by
the United States as a sponsor of terrorism or
any other country that the Secretary, in
consultation with the Secretary of State and
the heads of other appropriate United States
agencies, determines to be a security threat to
the United States.
(37) ``sailing instruction'' means teaching,
research, and practical experience in operating vessels
propelled primarily by sail and may include--
(A) any subject related to that operation and
to the sea, including seamanship, navigation,
oceanography, other nautical and marine
sciences, and maritime history and literature;
and
(B) only when in conjunction with a subject
referred to in subclause (A) of this clause,
instruction in mathematics and language arts
skills to sailing school students having
learning disabilities.
(38) ``sailing school instructor'' means an
individual who is on board a sailing school vessel to
provide sailing instruction, but does not include an
operator or crewmember who is among those required to
be on board the vessel to meet a requirement
established under part F of this subtitle.
(39) ``sailing school student'' means an individual
who is on board a sailing school vessel to receive
sailing instruction.
(40) ``sailing school vessel'' means a vessel--
(A) that is less than 500 gross tons as
measured under section 14502 of this title, or
an alternate tonnage measured under section
14302 of this title as prescribed by the
Secretary under section 14104 of this title;
(B) carrying more than 6 individuals who are
sailing school instructors or sailing school
students;
(C) principally equipped for propulsion by
sail, even if the vessel has an auxiliary means
of propulsion; and
(D) owned or demise chartered, and operated
by an organization described in section
501(c)(3) of the Internal Revenue Code of 1986
(26 U.S.C. 501(c)(3)) and exempt from tax under
section 501(a) of that Code, or by a State or
political subdivision of a State, during times
that the vessel is operated by the
organization, State, or political subdivision
only for sailing instruction.
(41)(A) Subject to subparagraph (B), ``scientific
personnel'' means individuals on board an oceanographic
research vessel only to engage in scientific research,
or to instruct or receive instruction in oceanography
or limnology.
(B)(i) Such term includes an individual who is on
board an oceanographic research vessel only to--
(I) engage in scientific research;
(II) instruct in oceanography or limnology;
or
(III) receive instruction in oceanography or
limnology.
(ii) For purposes of clause (i), the age of an
individual may not be considered in determining whether
the individual is described in such clause.
(42) ``seagoing barge'' means a non-self-propelled
vessel of at least 100 gross tons as measured under
section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title making voyages beyond the Boundary Line.
(43) ``seagoing motor vessel'' means a motor vessel
of at least 300 gross tons as measured under section
14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title making
voyages beyond the Boundary Line.
(44) ``Secretary'' means the Secretary of the
department in which the Coast Guard is operating.
(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.
[(45)] (47) ``small passenger vessel'' means a wing-
in-ground craft, regardless of tonnage, carrying at
least one passenger for hire, and a vessel of less than
100 gross tons as measured under section 14502 of this
title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary
under section 14104 of this title--
(A) carrying more than 6 passengers,
including at least one passenger for hire;
(B) that is chartered with the crew provided
or specified by the owner or the owner's
representative and carrying more than 6
passengers;
(C) that is chartered with no crew provided
or specified by the owner or the owner's
representative and carrying more than 12
passengers;
(D) that is a submersible vessel carrying at
least one passenger for hire; or
(E) that is a ferry carrying more than 6
passengers.
[(46)] (48) ``steam vessel'' means a vessel propelled
in whole or in part by steam, except a recreational
vessel of not more than 40 feet in length.
[(47)] (49) ``submersible vessel'' means a vessel
that is capable of operating below the surface of the
water.
[(48)] (50) ``tanker'' means a self-propelled tank
vessel constructed or adapted primarily to carry oil or
hazardous material in bulk in the cargo spaces.
[(49)] (51) ``tank vessel'' means a vessel that is
constructed or adapted to carry, or that carries, oil
or hazardous material in bulk as cargo or cargo
residue, and that--
(A) is a vessel of the United States;
(B) operates on the navigable waters of the
United States; or
(C) transfers oil or hazardous material in a
port or place subject to the jurisdiction of
the United States.
[(50)] (52) ``towing vessel'' means a commercial
vessel engaged in or intending to engage in the service
of pulling, pushing, or hauling along side, or any
combination of pulling, pushing, or hauling along side.
[(51)] (53) ``uninspected passenger vessel'' means an
uninspected vessel--
(A) of at least 100 gross tons as measured
under section 14502 of this title, or an
alternate tonnage measured under section 14302
of this title as prescribed by the Secretary
under section 14104 of this title--
(i) carrying not more than 12
passengers, including at least one
passenger for hire; or
(ii) that is chartered with the crew
provided or specified by the owner or
the owner's representative and carrying
not more than 12 passengers; and
(B) of less than 100 gross tons as measured
under section 14502 of this title, or an
alternate tonnage measured under section 14302
of this title as prescribed by the Secretary
under section 14104 of this title--
(i) carrying not more than 6
passengers, including at least one
passenger for hire; or
(ii) that is chartered with the crew
provided or specified by the owner or
the owner's representative and carrying
not more than 6 passengers.
[(52)] (54) ``uninspected vessel'' means a vessel not
subject to inspection under section 3301 of this title
that is not a recreational vessel.
[(53)] (55) ``vessel of war'' means a vessel--
(A) belonging to the armed forces of a
country;
(B) bearing the external marks distinguishing
vessels of war of that country;
(C) under the command of an officer
commissioned by the government of that country
and whose name appears in the appropriate
service list or its equivalent; and
(D) staffed by a crew under regular armed
forces discipline.
[(54)] (56) ``wing-in-ground craft'' means a vessel
that is capable of operating completely above the
surface of the water on a dynamic air cushion created
by aerodynamic lift due to the ground effect between
the vessel and the water's surface.
* * * * * * *
Sec. 2114. Protection of seamen against discrimination
(a)(1) A person may not discharge or in any manner
discriminate against a seaman because--
(A) the seaman in good faith has reported or is about
to report to the Coast Guard or other appropriate
Federal agency or department that the seaman believes
that a violation of a maritime safety law or regulation
prescribed under that law or regulation has occurred;
(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;
[(B)] (C) the seaman has refused to perform duties
ordered by the seaman's employer because the seaman has
a reasonable apprehension or expectation that
performing such duties would result in serious injury
to the seaman, other seamen, or the public;
[(C)] (D) the seaman testified in a proceeding
brought to enforce a maritime safety law or regulation
prescribed under that law;
[(D)] (E) the seaman notified, or attempted to
notify, the vessel owner or the Secretary of a work-
related personal injury or work-related illness of a
seaman;
[(E)] (F) the seaman cooperated with a safety
investigation by the Secretary or the National
Transportation Safety Board;
[(F)] (G) the seaman furnished information to the
Secretary, the National Transportation Safety Board, or
any other public official as to the facts relating to
any marine casualty resulting in injury or death to an
individual or damage to property occurring in
connection with vessel transportation; or
[(G)] (H) the seaman accurately reported hours of
duty under this part.
(2) The circumstances causing a seaman's apprehension of
serious injury under paragraph (1)(B) must be of such a nature
that a reasonable person, under similar circumstances, would
conclude that there is a real danger of an injury or serious
impairment of health resulting from the performance of duties
as ordered by the seaman's employer.
(3) To qualify for protection against the seaman's employer
under paragraph (1)(B), the employee must have sought from the
employer, and been unable to obtain, correction of the unsafe
condition.
(b) A seaman alleging discharge or discrimination in
violation of subsection (a) of this section, or another person
at the seaman's request, may file a complaint with respect to
such allegation in the same manner as a complaint may be filed
under subsection (b) of section 31105 of title 49. Such
complaint shall be subject to the procedures, requirements, and
rights described in that section, including with respect to the
right to file an objection, the right of a person to file for a
petition for review under subsection (c) of that section, and
the requirement to bring a civil action under subsection (d) of
that section.
* * * * * * *
PART B--INSPECTION AND REGULATION OF VESSELS
* * * * * * *
CHAPTER 31--GENERAL
Sec.
3101. Authority to suspend inspection.
* * * * * * *
3106. Master key control system.
* * * * * * *
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, located in a centralized
location that is readily accessible to law enforcement
personnel, information on all access and use of the
vessel's 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)--
(1) may be--
(A) electronic; and
(B) included in the vessel safety management
system; and
(2) shall include--
(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.
(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).
CHAPTER 32--MANAGEMENT OF VESSELS
* * * * * * *
Sec. 3203. Safety management system
(a) In General.--The Secretary shall prescribe regulations
which establish a safety management system for responsible
persons and vessels to which this chapter applies (including,
for purposes of this section, all covered small passenger
vessels, as defined in section 3306(n)(5)), including--
(1) a safety and environmental protection policy;
(2) instructions and procedures to ensure safe
operation of those vessels and protection of the
environment in compliance with international and United
States law;
(3) defined levels of authority and lines of
communications between, and among, personnel on shore
and on the vessel;
(4) procedures for reporting accidents and
nonconformities with this chapter;
(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;
[(5)] (7) procedures for preparing for and responding
to emergency situations; and
[(6)] (8) procedures for internal audits and
management reviews of the system.
(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.
[(b)] (c) Compliance With Code.--Regulations prescribed under
this section shall be consistent with the International Safety
Management Code with respect to vessels to which this chapter
applies under section 3202(a) of this title.
[(c)] (d) In prescribing regulations for passenger vessels
and small passenger vessels, the Secretary shall consider--
(1) the characteristics, methods of operation, and
nature of the service of these vessels; and
(2) with respect to vessels that are ferries, the
sizes of the ferry systems within which the vessels
operate.
* * * * * * *
CHAPTER 35--CARRIAGE OF PASSENGERS
* * * * * * *
Sec. 3507. Passenger vessel security and safety requirements
(a) Vessel Design, Equipment, Construction, and Retrofitting
Requirements.--
(1) In general.--Each vessel to which this subsection
applies shall comply with the following design and
construction standards:
(A) The vessel shall be equipped with ship
rails that are located not less than 42 inches
above the cabin deck.
(B) Each passenger stateroom and crew cabin
shall be equipped with entry doors that include
peep holes or other means of visual
identification.
(C) For any vessel the keel of which is laid
after the date of enactment of the Cruise
Vessel Security and Safety Act of 2010, each
passenger stateroom and crew cabin shall be
equipped with--
(i) security latches; and
(ii) time-sensitive key technology.
(D) The vessel shall integrate technology
that can be used for capturing images of
passengers or detecting passengers who have
fallen overboard, to the extent that such
technology is available.
(E) The vessel shall be equipped with a
sufficient number of operable acoustic hailing
or other such warning devices to provide
communication capability around the entire
vessel when operating in high risk areas (as
defined by the United States Coast Guard).
(2) Fire safety codes.--In administering the
requirements of paragraph (1)(C), the Secretary shall
take into consideration fire safety and other
applicable emergency requirements established by the
U.S. Coast Guard and under international law, as
appropriate.
(b) Video Recording.--
(1) Requirement to maintain surveillance.--
(A) In general.--The owner of a vessel to
which this section applies shall maintain a
video surveillance system to assist in
documenting crimes on the vessel and in
providing evidence for the prosecution of such
crimes.
(B) Placement of video surveillance
equipment.--
(i) In general.--Not later than 18
months after the date of the enactment
of the Elijah E. Cummings Coast Guard
Authorization Act of 2020, the
Commandant in consultation with other
relevant Federal agencies or entities
as determined by the Commandant, shall
establish guidance for performance of
the risk assessment described in
paragraph (2) regarding the appropriate
placement of video surveillance
equipment in passenger and crew common
areas where there is no reasonable
expectation of privacy.
(ii) Risk assessment.--Not later than
1 year after the Commandant establishes
the guidance described in paragraph
(1), the owner shall conduct the risk
assessment required under paragraph (1)
and shall--
(I) evaluate the placement of
video surveillance equipment to
deter, prevent, and record a
sexual assault aboard the
vessel considering factors such
as: ship layout and design,
itinerary, crew complement,
number of passengers, passenger
demographics, and historical
data on the type and location
of prior sexual assault
incident allegations;
(II) incorporate to the
maximum extent practicable the
video surveillance guidance
established by the Commandant
regarding the appropriate
placement of video surveillance
equipment;
(III) arrange for the risk
assessment to be conducted by
an independent third party with
expertise in the use and
placement of camera
surveillance to deter, prevent
and record criminal behavior;
and
(IV) the independent third
party referred to in paragraph
(C) shall be a company that has
been accepted by a
classification society that is
a member of the International
Association of Classification
Societies (hereinafter referred
to as ``IACS'') or another
classification society
recognized by the Secretary as
meeting acceptable standards
for such a society pursuant to
section 3316(b).
(C) Surveillance plan.--Not later than 180
days after completion of the risk assessment
conducted under subparagraph (B)(ii), the owner
of a vessel shall develop a plan to install
video surveillance equipment in places
determined to be appropriate in accordance with
the results of the risk assessment conducted
under subparagraph (B)(ii), except in areas
where a person has a reasonable expectation of
privacy. Such plan shall be evaluated and
approved by an independent third party with
expertise in the use and placement of camera
surveillance to deter, prevent and record
criminal behavior that has been accepted as set
forth in paragraph (2)(D).
(D) Installation.--The owner of a vessel to
which this section applies shall, consistent
with the surveillance plan approved under
subparagraph (C), install appropriate video
surveillance equipment aboard the vessel not
later than 2 years after approval of the plan,
or during the next scheduled drydock, whichever
is later.
(E) Attestation.--At the time of initial
installation under subparagraph (D), the vessel
owner shall obtain written attestations from--
(i) an IACS classification society
that the video surveillance equipment
is installed in accordance with the
surveillance plan required under
subparagraph (C); and
(ii) the company security officer
that the surveillance equipment and
associated systems are operational,
which attestation shall be obtained
each year thereafter.
(F) Updates.--The vessel owner shall ensure
the risk assessment described in subparagraph
(B)(ii) and installation plan in subparagraph
(C) are updated not later than 5 years after
the initial installation conducted under
subparagraph (D), and every 5 years thereafter.
The updated assessment and plan shall be
approved by an independent third party with
expertise in the use and placement of camera
surveillance to deter, prevent, and record
criminal behavior that has been accepted by an
IACS classification society. The vessel owner
shall implement the updated installation plan
not later than 180 days after approval.
(G) Availability.--Each risk assessment,
installation plan and attestation shall be
protected from disclosure under the Freedom of
Information Act, section 552 of title 5 but
shall be available to the Coast Guard--
(i) upon request, and
(ii) at the time of the certificate
of compliance or certificate of
inspection examination.
(H) Definitions.--For purposes of this
section a ``ship security officer'' is an
individual that, with the master's approval,
has full responsibility for vessel security
consistent with the International Ship and Port
Facility Security Code.
(2) Notice of video surveillance.--The owner of a
vessel to which this section applies shall provide
clear and conspicuous signs on board the vessel
notifying the public of the presence of video
surveillance equipment.
(3) Access to video records.--
(A) Law enforcement.--The owner of a vessel
to which this section applies shall provide to
any law enforcement official performing
official duties in the course and scope of an
investigation, upon request, a copy of all
records of video surveillance that the official
believes may provide evidence of a crime
reported to law enforcement officials.
(B) 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
surveillance--
(i) in which the individual is a
subject of the video surveillance; and
(ii) that may provide evidence of any
sexual assault incident in a civil
action.
(C) Limited access.--The owner of a vessel to
which this section applies shall ensure that
access to records of video surveillance is
limited to the purposes described in this
paragraph.
(4) Retention requirements.--The owner of a vessel to
which this section applies shall retain all records of
video surveillance for not less than 20 days after the
footage is obtained. The vessel owner shall include a
statement in the security guide required by subsection
(c)(1)(A) that the vessel owner is required by law to
retain video surveillance footage for the period
specified in this paragraph. If an incident described
in subsection (g)(3)(A)(i) is alleged and reported to
law enforcement, all records of video surveillance from
the voyage that the Federal Bureau of Investigation
determines are relevant shall--
(A) be provided to the Federal Bureau of
Investigation; and
(B) be preserved by the vessel owner for not
less than 4 years from the date of the alleged
incident.
(c) Safety Information.--
(1) Criminal Activity Prevention and Response
Guide.--The owner of a vessel to which this section
applies (or the owner's designee) shall--
(A) have available for each passenger a guide
(referred to in this subsection as the
``security guide''), written in commonly
understood English, which--
(i) provides a description of medical
and security personnel designated on
board to prevent and respond to
criminal and medical situations with 24
hour contact instructions;
(ii) describes the jurisdictional
authority applicable, and the law
enforcement processes available, with
respect to the reporting of homicide,
suspicious death, a missing United
States national, kidnapping, assault
with serious bodily injury, any offense
to which section 2241, 2242, 2243, or
2244(a) or (c) of title 18 applies,
firing or tampering with the vessel, or
theft of money or property in excess of
$10,000, together with contact
information for the appropriate law
enforcement authorities for missing
persons or reportable crimes which
arise--
(I) in the territorial waters
of the United States;
(II) on the high seas; or
(III) in any country to be
visited on the voyage;
(B) provide a copy of the security guide to
the Federal Bureau of Investigation for
comment; and
(C) publicize the security guide on the
website of the vessel owner.
(2) Embassy and consulate locations.--The owner of a
vessel to which this section applies shall provide in
each passenger stateroom, and post in a location
readily accessible to all crew and in other places
specified by the Secretary, information regarding the
locations of the United States embassy and each
consulate of the United States for each country the
vessel will visit during the course of the voyage.
(d) Sexual Assault.--The owner of a vessel to which this
section applies shall--
(1) maintain on the vessel adequate, in-date supplies
of anti-retroviral medications and other medications
designed to prevent sexually transmitted diseases after
a sexual assault;
(2) maintain on the vessel equipment and materials
for performing a medical examination in sexual assault
cases to evaluate the patient for trauma, provide
medical care, and preserve relevant medical evidence;
(3) make available on the vessel at all times medical
staff who have undergone a credentialing process to
verify that he or she--
(A) possesses a current physician's or
registered nurse's license and--
(i) has at least 3 years of post-
graduate or post-registration clinical
practice in general and emergency
medicine; or
(ii) holds board certification in
emergency medicine, family practice
medicine, or internal medicine;
(B) is able to provide assistance in the
event of an alleged sexual assault, has
received training in conducting forensic sexual
assault examination, and is able to promptly
perform such an examination upon request and
provide proper medical treatment of a victim,
including administration of anti-retroviral
medications and other medications that may
prevent the transmission of human
immunodeficiency virus and other sexually
transmitted diseases; and
(C) meets guidelines established by the
American College of Emergency Physicians
relating to the treatment and care of victims
of sexual assault;
(4) prepare, provide to the patient, and maintain
written documentation of the findings of such
examination that is signed by the patient; and
(5) provide the patient free and immediate access
to--
(A) contact information for local law
enforcement, the Federal Bureau of
Investigation, the United States Coast Guard,
the nearest United States consulate or embassy,
and the National Sexual Assault Hotline program
or other third party victim advocacy hotline
service; and
(B) a private telephone line and Internet-
accessible computer terminal by which the
individual may confidentially access law
enforcement officials, an attorney, and the
information and support services available
through the National Sexual Assault Hotline
program or other third party victim advocacy
hotline service.
(e) Confidentiality of Sexual Assault Examination and Support
Information.--The master or other individual in charge of a
vessel to which this section applies shall--
(1) treat all information concerning an examination
under subsection (d) confidential, so that no medical
information may be released to the cruise line or other
owner of the vessel or any legal representative thereof
without the prior knowledge and approval in writing of
the patient, or, if the patient is unable to provide
written authorization, the patient's next-of-kin,
except that nothing in this paragraph prohibits the
release of--
(A) information, other than medical findings,
necessary for the owner or master of the vessel
to comply with the provisions of subsection (g)
or other applicable incident reporting laws;
(B) information to secure the safety of
passengers or crew on board the vessel; or
(C) any information to law enforcement
officials performing official duties in the
course and scope of an investigation; and
(2) treat any information derived from, or obtained
in connection with, post-assault counseling or other
supportive services as confidential, so no such
information may be released to the cruise line or any
legal representative thereof without the prior
knowledge and approval in writing of the patient, or,
if the patient is unable to provide written
authorization, the patient's next-of-kin.
(f) Crew Access to Passenger Staterooms.--The owner of a
vessel to which this section applies shall--
(1) establish and implement procedures and
restrictions concerning--
(A) which crewmembers have access to
passenger staterooms; and
(B) the periods during which they have that
access; and
(2) ensure that the procedures and restrictions are
fully and properly implemented and periodically
reviewed.
(g) Log Book and Reporting Requirements.--
(1) In general.--The owner of a vessel to which this
section applies shall--
(A) record in a log book, either
electronically or otherwise, in a centralized
location readily accessible to law enforcement
personnel, a report on--
(i) all complaints of crimes
described in paragraph (3)(A)(i),
(ii) all complaints of theft of
property valued in excess of $1,000,
and
(iii) all complaints of other crimes,
committed on any voyage that embarks or
disembarks passengers in the United States; and
(B) make such log book available upon request
to any agent of the Federal Bureau of
Investigation, any member of the United States
Coast Guard, and any law enforcement officer
performing official duties in the course and
scope of an investigation.
(2) Details required.--The information recorded under
paragraph (1) shall include, at a minimum--
(A) the vessel operator;
(B) the name of the cruise line;
(C) the flag under which the vessel was
operating at the time the reported incident
occurred;
(D) the age and gender of the victim and the
accused assailant;
(E) the nature of the alleged crime or
complaint, as applicable, including whether the
alleged perpetrator was a passenger or a
crewmember;
(F) the vessel's position at the time of the
incident, if known, or the position of the
vessel at the time of the initial report;
(G) the time, date, and method of the initial
report and the law enforcement authority to
which the initial report was made;
(H) the time and date the incident occurred,
if known;
(I) the total number of passengers and the
total number of crew members on the voyage; and
(J) the case number or other identifier
provided by the law enforcement authority to
which the initial report was made.
(3) Requirement to report crimes and other
information.--
(A) In general.--The owner of a vessel to
which this section applies (or the owner's
designee)--
(i) shall contact the nearest Federal
Bureau of Investigation Field Office or
Legal Attache by telephone as soon as
possible after the occurrence on board
the vessel of an incident involving
homicide, suspicious death, a missing
United States national, kidnapping,
assault with serious bodily injury, any
offense to which section 2241, 2242,
2243, or 2244(a) or (c) of title 18
applies, firing or tampering with the
vessel, or theft of money or property
in excess of $10,000 to report the
incident;
(ii) shall furnish a written report
of each incident specified in clause
(i) to the Internet website maintained
by the Secretary of Transportation
under paragraph (4)(A);
(iii) may report any serious incident
that does not meet the reporting
requirements of clause (i) and that
does not require immediate attention by
the Federal Bureau of Investigation via
the Internet website maintained by the
Secretary of Transportation under
paragraph (4)(A); and
(iv) may report any other criminal
incident involving passengers or
crewmembers, or both, to the proper
State or local government law
enforcement authority.
(B) Incidents to which subparagraph (A)
applies.--Subparagraph (A) applies to an
incident involving criminal activity if--
(i) the vessel, regardless of
registry, is owned, in whole or in
part, by a United States person,
regardless of the nationality of the
victim or perpetrator, and the incident
occurs when the vessel is within the
admiralty and maritime jurisdiction of
the United States and outside the
jurisdiction of any State;
(ii) the incident concerns an offense
by or against a United States national
committed outside the jurisdiction of
any nation;
(iii) the incident occurs in the
Territorial Sea of the United States,
regardless of the nationality of the
vessel, the victim, or the perpetrator;
or
(iv) the incident concerns a victim
or perpetrator who is a United States
national on a vessel during a voyage
that departed from or will arrive at a
United States port.
(4) Availability of incident data via internet.--
(A) Website.--
(i) In general.--The Secretary of
Transportation shall maintain a
statistical compilation of all
incidents on board a cruise vessel
specified in paragraph (3)(A)(i) on an
Internet website that provides a
numerical accounting of the missing
persons and alleged crimes reported
under that paragraph without regard to
the investigative status of the
incident.
(ii) Updates and other
requirements.--The compilation under
clause (i) shall--
(I) be updated not less
frequently than quarterly;
(II) be able to be sorted by
cruise line;
(III) identify each cruise
line by name;
(IV) identify each crime or
alleged crime committed or
allegedly committed by a
passenger or crewmember;
(V) identify the number of
individuals alleged overboard;
and
(VI) include the approximate
number of passengers and crew
carried by each cruise line
during each quarterly reporting
period.
(iii) User-friendly format.--The
Secretary of Transportation shall
ensure that the compilation, data, and
any other information provided on the
Internet website maintained under this
subparagraph are in a user-friendly
format. The Secretary shall, to the
greatest extent practicable, use
existing commercial off the shelf
technology to transfer and establish
the website, and shall not
independently develop software, or
acquire new hardware in operating the
site.
(B) Access to website.--Each cruise line
taking on or discharging passengers in the
United States shall include a link on its
Internet website to the website maintained by
the Secretary of Transportation under
subparagraph (A).
(h) Enforcement.--
(1) Penalties.--
(A) Civil penalty.--Any person that violates
this section or a regulation under this section
shall be liable for a civil penalty of not more
than $25,000 for each day during which the
violation continues, except that the maximum
penalty for a continuing violation is $50,000.
(B) Criminal penalty.--Any person that
willfully violates this section or a regulation
under this section shall be fined not more than
$250,000 or imprisoned not more than 1 year, or
both.
(2) Denial of entry.--The Secretary may deny entry
into the United States to a vessel to which this
section applies if the owner of the vessel--
(A) commits an act or omission for which a
penalty may be imposed under this subsection;
or
(B) fails to pay a penalty imposed on the
owner under this subsection.
(i) Procedures.--The Secretary shall maintain guidelines,
training curricula, and inspection and certification procedures
necessary to carry out the requirements of this section.
(j) Regulations.--The Secretary and the Commandant shall each
issue such regulations as are necessary to implement this
section.
(k) Application.--
(1) In general.--This section and section 3508 apply
to a passenger vessel (as defined in section 2101(31))
that--
(A) is authorized to carry [at least 250] 250
or more passengers;
[(B) has onboard sleeping facilities for each
passenger; and]
(B) has overnight accommodations for 250 or
more passengers; and
(C) is on a voyage that embarks or disembarks
passengers in the United States.
(2) Federal and state vessels.--This section and
section 3508 do not apply to a vessel of the United
States operated by the Federal Government or a vessel
owned and operated by a State.
(l) Definition.--In this section and section 3508, the term
``owner'' means the owner, charterer, managing operator,
master, or other individual in charge of a vessel.
* * * * * * *
CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS
Sec.
4501. Application.
* * * * * * *
[4503a. Alternate safety compliance program.]
* * * * * * *
Sec. 4502. Safety standards
(a) The Secretary shall prescribe regulations which require
that each vessel to which this chapter applies shall be
equipped with--
(1) readily accessible fire extinguishers capable of
promptly and effectively extinguishing a flammable or
combustible liquid fuel fire;
(2) at least one readily accessible life preserver or
other lifesaving device for each individual on board;
(3) an efficient flame arrestor, backfire trap, or
other similar device on the carburetors of each inboard
engine which uses gasoline as fuel;
(4) the means to properly and efficiently ventilate
enclosed spaces, including engine and fuel tank
compartments, so as to remove explosive or flammable
gases;
(5) visual distress signals;
(6) other equipment required to minimize the risk of
injury to the crew during vessel operations, if the
Secretary determines that a risk of serious injury
exists that can be eliminated or mitigated by that
equipment; and
(7) a placard as required by regulations prescribed
under section 10603(b) of this title.
(b)(1) In addition to the requirements of subsection (a) of
this section, the Secretary shall prescribe regulations
requiring the installation, maintenance, and use of the
equipment in paragraph (2) of this subsection for vessels to
which this chapter applies that--
(A) operate beyond 3 nautical miles from the baseline
from which the territorial sea of the United States is
measured or beyond 3 nautical miles from the coastline
of the Great Lakes;
(B) operate with more than 16 individuals on board;
or
(C) in the case of a fish tender vessel, engage in
the Aleutian trade.
(2) The equipment to be required is as follows:
(A) alerting and locating equipment, including
emergency position indicating radio beacons;
(B) subject to paragraph (3), a survival craft that
ensures that no part of an individual is immersed in
water sufficient to accommodate all individuals on
board;
(C) at least one readily accessible immersion suit
for each individual on board that vessel when operating
on the waters described in section 3102 of this title;
(D) marine radio communications equipment sufficient
to effectively communicate with land-based search and
rescue facilities;
(E) navigation equipment, including compasses,
nautical charts, and publications;
(F) first aid equipment and medical supplies
sufficient for the size and area of operation of the
vessel; and
(G) ground tackle sufficient for the vessel.
(3) Except for a nonapplicable vessel, an auxiliary craft
shall satisfy the equipment requirement under paragraph (2)(B)
if such craft is--
(A) necessary for normal fishing operations;
(B) readily accessible during an emergency; and
(C) capable, in accordance with the Coast Guard
capacity rating, when applicable, of safely holding all
individuals on board the vessel to which the craft
functions as an auxiliary.
(c)(1) In addition to the requirements described in
subsections (a) and (b) of this section, the Secretary may
prescribe regulations establishing the standards in paragraph
(2) of this subsection for vessels to which this chapter
applies that--
(A)(i) were built after December 31, 1988, or undergo
a major conversion completed after that date; and
(ii) operate with more than 16 individuals on board;
or
(B) in the case of a fish tender vessel, engage in
the Aleutian trade.
(2) The standards shall be minimum safety standards,
including standards relating to--
(A) navigation equipment, including radars and
fathometers;
(B) lifesaving equipment, immersion suits, signaling
devices, bilge pumps, bilge alarms, life rails, and
grab rails;
(C) fire protection and firefighting equipment,
including fire alarms and portable and semiportable
fire extinguishing equipment;
(D) use and installation of insulation material;
(E) storage methods for flammable or combustible
material; and
(F) fuel, ventilation, and electrical systems.
(d)(1) The Secretary shall prescribe regulations for the
operating stability of a vessel to which this chapter applies--
(A) that was built after December 31, 1989; or
(B) the physical characteristics of which are
substantially altered after December 31, 1989, in a
manner that affects the vessel's operating stability.
(2) The Secretary may accept, as evidence of compliance with
this subsection, a certification of compliance issued by the
person providing insurance for the vessel or by another
qualified person approved by the Secretary.
(e) In prescribing regulations under this chapter, the
Secretary--
(1) shall consider the specialized nature and
economics of the operations and the character, design,
and construction of the vessel; and
(2) may not require the alteration of a vessel or
associated equipment that was constructed or
manufactured before the effective date of the
regulation.
(f) To ensure compliance with the requirements of this
chapter, the Secretary--
(1) shall require the individual in charge of a
vessel described in subsection (b) to keep a record of
equipment maintenance, and required instruction and
drills;
(2) shall examine at dockside a vessel described in
subsection (b) at least once every 5 years, but may
require an exam at dockside every 2 years for [certain
vessels described in subsection (b) if requested by the
owner or operator; and] vessels described in subsection
(b) if--
(A) requested by an owner or operator; or
(B) the vessel is--
(i) at least 50 feet overall in
length;
(ii) built before July 1, 2013; and
(iii) 25 years of age or older; and
(3) shall issue a certificate of compliance to a
vessel meeting the requirements of this chapter and
satisfying the requirements in paragraph (2).
(g)(1) The individual in charge of a vessel described in
subsection (b) must pass a training program approved by the
Secretary that meets the requirements in paragraph (2) of this
subsection and hold a valid certificate issued under that
program.
(2) The training program shall--
(A) be based on professional knowledge and skill
obtained through sea service and hands-on training,
including training in seamanship, stability, collision
prevention, navigation, fire fighting and prevention,
damage control, personal survival, emergency medical
care, emergency drills, and weather;
(B) require an individual to demonstrate ability to
communicate in an emergency situation and understand
information found in navigation publications;
(C) recognize and give credit for recent past
experience in fishing vessel operation; and
(D) provide for issuance of a certificate to an
individual that has successfully completed the program.
(3) The Secretary shall prescribe regulations implementing
this subsection. The regulations shall require that individuals
who are issued a certificate under paragraph (2)(D) must
complete refresher training at least once every 5 years as a
condition of maintaining the validity of the certificate.
(4) The Secretary shall establish an electronic database
listing the names of individuals who have participated in and
received a certificate confirming successful completion of a
training program approved by the Secretary under this section.
(h) A vessel to which this chapter applies shall be
constructed in a manner that provides a level of safety
equivalent to the minimum safety standards the Secretary may
establish for recreational vessels under section 4302, if--
(1) subsection (b) of this section applies to the
vessel;
(2) the vessel is less than 50 feet overall in
length; and
(3) the vessel is built after January 1, 2010.
(i)(1) The Secretary of Health and Human Services shall
establish a Fishing Safety Training Grants Program to provide
funding to municipalities, port authorities, other appropriate
public entities, not-for-profit organizations, and other
qualified persons that provide commercial fishing safety
training--
(A) to conduct fishing vessel safety training for
vessel operators and crewmembers that--
(i) in the case of vessel operators, meets
the requirements of subsection (g); and
(ii) in the case of crewmembers, meets the
requirements of subsection (g)(2)(A), such
requirements of subsection (g)(2)(B) as are
appropriate for crewmembers, and the
requirements of subsections (g)(2)(D), (g)(3),
and (g)(4); and
(B) for purchase of safety equipment and training
aids for use in those fishing vessel safety training
programs.
(2) The Secretary of Health and Human Services, in
consultation with and based on criteria established by the
Commandant of the Coast Guard shall award grants under this
subsection on a competitive basis.
(3) The Federal share of the cost of any activity carried out
with a grant under this subsection shall not exceed 75 percent.
(4) There is authorized to be appropriated $3,000,000 for
each of fiscal years 2018 through 2021 for grants under this
subsection.
(j)(1) The Secretary of Health and Human Services shall
establish a Fishing Safety Research Grant Program to provide
funding to individuals in academia, members of non-profit
organizations and businesses involved in fishing and maritime
matters, and other persons with expertise in fishing safety, to
conduct research on methods of improving the safety of the
commercial fishing industry, including vessel design, emergency
and survival equipment, enhancement of vessel monitoring
systems, communications devices, de-icing technology, and
severe weather detection.
(2) The Secretary of Health and Human Services, in
consultation with and based on criteria established by the
Commandant of the Coast Guard, shall award grants under this
subsection on a competitive basis.
(3) The Federal share of the cost of any activity carried out
with a grant under this subsection shall not exceed 75 percent.
(4) There is authorized to be appropriated $3,000,000 for
each of fiscal years 2018 through 2021 for activities under
this subsection.
(k) For the purposes of this section, the term ``auxiliary
craft'' means a vessel that is carried onboard a fishing vessel
and is normally used to support fishing operations.
Sec. 4503. Fishing, fish tender, and fish processing vessel
certification
(a) A vessel to which this subsection applies may not be
operated unless the vessel--
(1) meets all survey and classification requirements
prescribed by the American Bureau of Shipping or
another similarly qualified organization approved by
the Secretary; and
(2) has on board a certificate issued by the American
Bureau of Shipping or that other organization
evidencing compliance with this subsection.
(b) [Except as provided in section 4503a, subsection (a)]
Subsection (a) applies to a fish processing vessel to which
this chapter applies that--
(1) is built after July 27, 1990; or
(2) undergoes a major conversion completed after that
date.
(c)(1) Except as provided in paragraph (2), subsection (a)
applies to a vessel to which section 4502(b) of this title
applies that is at least 50 feet overall in length and is built
after July 1, 2013.
(2) Subsection (a) does not apply to a fishing vessel or fish
tender vessel to which section 4502(b) of this title applies,
if the vessel--
(A) is at least 50 feet overall in length, and not
more than 180 feet overall in length as listed on the
vessel's certificate of documentation or certificate of
number; and
(B)(i) is built after the date of the enactment of
the Coast Guard Authorization Act of 2016; and
(ii) complies with--
(I) the requirements described in subsection
(d); or
(II) the alternative requirements established
by the Secretary under subsection (e).
(d) The requirements referred to in subsection
(c)(2)(B)(ii)(I) are the following:
(1) The vessel is designed by an individual licensed
by a State as a naval architect or marine engineer, and
the design incorporates standards equivalent to those
prescribed by a classification society to which the
Secretary has delegated authority under section 3316 or
another qualified organization approved by the
Secretary for purposes of this paragraph.
(2) Construction of the vessel is overseen and
certified as being in accordance with its design by a
marine surveyor of an organization accepted by the
Secretary.
(3) The vessel--
(A) completes a stability test performed by a
qualified individual;
(B) has written stability and loading
instructions from a qualified individual that
are provided to the owner or operator; and
(C) has an assigned loading mark.
(4) The vessel is not substantially altered without
the review and approval of an individual licensed by a
State as a naval architect or marine engineer before
the beginning of such substantial alteration.
(5) The vessel undergoes a condition survey at least
twice in 5 years, not to exceed 3 years between
surveys, to the satisfaction of a marine surveyor of an
organization accepted by the Secretary.
(6) The vessel undergoes an out-of-water survey at
least once every 5 years to the satisfaction of a
certified marine surveyor of an organization accepted
by the Secretary.
(7) Once every 5 years and at the time of a
substantial alteration to such vessel, compliance of
the vessel with the requirements of paragraph (3) is
reviewed and updated as necessary.
(8) For the life of the vessel, the owner of the
vessel maintains records to demonstrate compliance with
this subsection and makes such records readily
available for inspection by an official authorized to
enforce this chapter.
(e)(1) Not later than 10 years after the date of the
enactment of the Coast Guard Authorization Act of 2016, the
Secretary 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 provides an analysis of the adequacy of
the requirements under subsection (d) in maintaining the safety
of the fishing vessels and fish tender vessels which are
described in subsection (c)(2) and which comply with the
requirements of subsection (d).
(2) If the report required under this subsection includes a
determination that the safety requirements under subsection (d)
are not adequate or that additional safety measures are
necessary, then the Secretary may establish an alternative
safety compliance program for fishing vessels or fish tender
vessels (or both) which are described in subsection (c)(2) and
which comply with the requirements of subsection (d).
(3) The alternative safety compliance program established
under this subsection shall include requirements for--
(A) vessel construction;
(B) a vessel stability test;
(C) vessel stability and loading instructions;
(D) an assigned vessel loading mark;
(E) a vessel condition survey at least twice in 5
years, not to exceed 3 years between surveys;
(F) an out-of-water vessel survey at least once every
5 years;
(G) maintenance of records to demonstrate compliance
with the program, and the availability of such records
for inspection; and
(H) such other aspects of vessel safety as the
Secretary considers appropriate.
(f)(1) For purposes of this section and section 4503a, the
term ``built'' means, with respect to a vessel, that the
vessel's construction has reached any of the following stages:
(A) The vessel's keel is laid.
(B) Construction identifiable with the vessel has
begun and assembly of that vessel has commenced
comprising of at least 50 metric tons or one percent of
the estimated mass of all structural material,
whichever is less.
(2) In the case of a vessel greater than 79 feet overall in
length, for purposes of paragraph (1)(A) a keel is deemed to be
laid when a marine surveyor affirms that a structure adequate
for serving as a keel for such vessel is in place and
identified for use in the construction of such vessel.
[Sec. 4503a. Alternate safety compliance program
[(a) Subject to subsection (c), beginning on the date that is
3 years after the date that the Secretary prescribes an
alternate safety compliance program, a fishing vessel, fish
processing vessel, or fish tender vessel to which section
4502(b) of this title applies shall comply with such an
alternate safety compliance program, if the vessel--
[(1) is at least 50 feet overall in length;
[(2) is built before July 1, 2013; and
[(3) is 25 years of age or older.
[(b) A fishing vessel, fish processing vessel, or fish tender
vessel built before July 1, 2013, that undergoes a major
conversion completed after the later of July 1, 2013, or the
date the Secretary prescribes an alternate safety compliance
program under subsection (a), shall comply with such an
alternate safety compliance program.
[(c) For purposes of subsection (a), a separate alternate
safety compliance program may be developed for a specific
region or specific fishery.
[(d) Notwithstanding subsection (a), vessels owned by a
person that owns more than 30 vessels subject to that
subsection are not required to meet the alternate safety
compliance requirements of that subsection until January 1,
2030, if that owner enters into a compliance agreement with the
Secretary that provides for a fixed schedule for all of the
vessels owned by that person to meet requirements of that
subsection by that date and the vessel owner is meeting that
schedule.
[(e) A fishing vessel, fish processing vessel, or fish tender
vessel to which section 4502(b) of this title applies that was
classed before July 1, 2012 is not eligible to participate in
an alternative safety compliance program prescribed under
subsection (a) and, shall--
[(1) remain subject to the requirements of a
classification society approved by the Secretary; and
[(2) have on board a certificate from that society.
[(f) For the purposes of this section, the term ``built'' has
the meaning given that term in section 4503(f).]
* * * * * * *
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 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.
* * * * * * *
PART E--MERCHANT SEAMEN LICENSES, CERTIFICATES, AND DOCUMENTS
* * * * * * *
CHAPTER 75--GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
DOCUMENTATION
Sec.
7501. Duplicates.
* * * * * * *
7511. Convicted sex offender as grounds for denial.
* * * * * * *
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.
* * * * * * *
CHAPTER 77--SUSPENSION AND REVOCATION
Sec.
7701. General.
* * * * * * *
7704a. Sexual harassment or sexual assault as grounds for suspension or
revocation.
* * * * * * *
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.
* * * * * * *
PART F--MANNING OF VESSELS
* * * * * * *
CHAPTER 81--GENERAL
Sec.
8101. Complement of inspected vessels.
* * * * * * *
8108. Exemptions from manning and crew requirements.
* * * * * * *
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 302(a)(3) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1356(a)(3)).
(c) Limitations.--An exemption under this section--
(1) shall provide that the number of individuals
manning or crewing the covered facility who are
described in paragraphs (2) and (3) of subsection (a)
may not exceed two and one- half times the number of
individuals required to man or crew the covered
facility under the laws of the nation under the laws of
which the covered facility is documented; and
(2) shall be effective for not more than 12 months,
but may be renewed by application to and approval by
the Secretary.
(d) Application.--To be eligible for an exemption or a
renewal of an exemption under this section, the owner or
operator of a covered facility shall apply to the Secretary
with an application that includes a sworn statement by the
applicant of all information required for the issuance of the
exemption.
(e) Revocation.--
(1) In general.--The Secretary--
(A) may revoke an exemption for a covered
facility under this section if the Secretary
determines that information provided in the
application for the exemption was false or
incomplete, or is no longer true or complete;
and
(B) shall immediately revoke such an
exemption if the Secretary determines that the
covered facility, in the effective period of
the exemption, was manned or crewed in a manner
not authorized by the exemption.
(2) Notice required.--The Secretary shall provides
notice of a determination under subparagraph (A) or (B)
of paragraph (1) to the owner or operator of the
covered facility.
(f) Review of Compliance.--The Secretary shall periodically,
but not less than once annually, inspect each covered facility
that operates under an exemption under this section to verify
the owner or operator of the covered facility's compliance with
the exemption. During an inspection under this subsection, the
Secretary shall require all crew members serving under the
exemption to hold a valid transportation security card issued
under section 70105.
(g) Penalty.--In addition to revocation under subsection (e),
the Secretary may impose on the owner or operator of a covered
facility a civil penalty of $10,000 per day for each day the
covered facility--
(1) is manned or crewed in violation of an exemption
under this subsection; or
(2) operated under an exemption under this subsection
that the Secretary determines was not validly obtained.
(h) Notification of Secretary of State.--The Secretary shall
notify the Secretary of State of each exemption issued under
this section, including the effective period of the exemption.
(i) Definitions.--In this section:
(1) Covered facility.--The term ``covered facility''
means any vessel, rig, platform, or other vehicle or
structure, over 50 percent of which is owned by
citizens of a foreign nation or with respect to which
the citizens of a foreign nation have the right
effectively to control, except to the extent and to the
degree that the President determines that the
government of such foreign nation or any of its
political subdivisions has implemented, by statute,
regulation, policy, or practice, a national manning
requirement for equipment engaged in the exploring for,
developing, or producing resources, including non-
mineral energy resources in its offshore areas.
(2) Secretary.--The term ``Secretary'' means the
Secretary of the department in which the Coast Guard is
operating.
* * * * * * *
PART G--MERCHANT SEAMEN PROTECTION AND RELIEF
* * * * * * *
CHAPTER 101--GENERAL
* * * * * * *
Sec. 10104. Requirement to report sexual offenses
[(a) A master or other individual in charge of a documented
vessel shall report to the Secretary a complaint of a sexual
offense prohibited under chapter 109A of title 18, United
States Code.
[(b) A master or other individual in charge of a documented
vessel who knowingly fails to report in compliance with this
section is liable to the United States Government for a civil
penalty of not more than $5,000.]
(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
the complaint is shared in confidence with the crew
member directly from the assaulted individual or 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) A report required under subsection (a) shall be
made as soon as practicable, but no later than 10 days
after the individual 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.
(2) 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--
(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) 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) 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 Coast Guard
Authorization Act of 2022. The Secretary may issue additional
regulations to implement the requirements of this section.
* * * * * * *
CHAPTER 111--PROTECTION AND RELIEF
* * * * * * *
Sec. 11101. Accommodations for seamen
(a) On a merchant vessel of the United States the
construction of which began after March 4, 1915 (except a
yacht, pilot vessel, or vessel of less than 100 gross tons as
measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title)--
(1) each place appropriated to the crew of the vessel
shall have a space of at least 120 cubic feet and at
least 16 square feet, measured on the floor or deck of
that place, for each seaman or apprentice lodged in the
vessel;
(2) each seaman shall have a separate berth and not
more than one berth shall be placed one above another;
(3) the place or berth shall be securely constructed,
properly lighted, drained, heated, and ventilated,
properly protected from weather and sea, and, as far as
practicable, properly shut off and protected from the
effluvium of cargo or bilge water; [and]
(4) crew space shall be kept free from goods or
stores that are not the personal property of the crew
occupying the place in use during the voyage[.]; and
(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.
(b) In addition to the requirements of subsection (a) of this
section, a merchant vessel of the United States that in the
ordinary course of trade makes a voyage of more than 3 days'
duration between ports and carries a crew of at least 12 seamen
shall have a hospital compartment, suitably separated from
other spaces. The compartment shall have at least one bunk for
each 12 seamen constituting the crew (but not more than 6 bunks
may be required).
(c) A steam vessel of the United States operating on the
Mississippi River or its tributaries shall provide, under the
direction and approval of the Secretary, an appropriate place
for the crew that shall conform to the requirements of this
section, as far as they apply to the steam vessel, by providing
a properly heated sleeping room in the engineroom of the steam
vessel properly protected from the cold, wind, and rain by
means of suitable awnings or screens on either side of the
guards or sides and forward, reaching from the boiler deck to
the lower or main deck.
(d) A merchant vessel of the United States, the construction
of which began after March 4, 1915, having more than 10 seamen
on deck, shall have at least one lighted, clean, and properly
heated and ventilated washing place. There shall be provided at
least one washing outfit for each 2 seamen of the watch. A
separate washing place shall be provided for the fireroom and
engineroom seamen, if their number is more than 10, that shall
be large enough to accommodate at least one-sixth of them at
the same time, and have a hot and cold water supply and a
sufficient number of washbasins, sinks, and shower baths. 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.
(e) Forecastles shall be fumigated at intervals provided by
regulations prescribed by the Secretary of Health and Human
Services, with the approval of the Secretary, and shall have at
least 2 exits, one of which may be used in emergencies.
(f) The owner, charterer, managing operator, agent, master,
or licensed individual of a vessel not complying with this
section is liable to the United States Government for a civil
penalty of at least $50 but not more than $500.
* * * * * * *
PART J--MEASUREMENT OF VESSELS
* * * * * * *
CHAPTER 143--CONVENTION MEASUREMENT
* * * * * * *
Sec. 14305. Optional regulatory measurement
(a) On request of the owner of a vessel measured under this
chapter that is of United States registry or nationality, or a
vessel operated under the authority of the United States, the
Secretary also shall measure the vessel under chapter 145 of
this title. The tonnages determined under that chapter shall be
used in applying--
(1) parts A, B, C, E, F, and G of this subtitle and
section 12116 of this title;
(2) section 3(d)(3) of the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 903(d)(3));
(3) section 4 of the Bridge to Bridge Radiotelephone
Act (33 U.S.C. 1203(a));
(4) section 4(a)(3) of the Ports and Waterways Safety
Act (33 U.S.C. 1223(a)(3));
(5) [section 30506] section 30524 of this title;
(6) sections 12118 and 12132 of this title;
(7) section 12139(b) of this title;
(8) sections 351, 352, 355, and 356 of the Ship Radio
Act (47 U.S.C. 351, 352, 354, and 354a);
(9) section 403 of the Commercial Fishing Industry
Vessel Act (46 U.S.C. 3302 note);
(10) the Officers' Competency Certificates
Convention, 1936, and section 8304 of this title;
(11) the International Convention for the Safety of
Life at Sea as provided by IMCO Resolution A.494 (XII)
of November 19, 1981;
(12) the International Convention on Standards of
Training, Certification, and Watchkeeping for
Seafarers, 1978, as provided by IMO Resolution A.540
(XIII) of November 17, 1983;
(13) the International Convention for the Prevention
of Pollution from Ships, 1973, as modified by the
Protocol of 1978 Relating to the International
Convention for the Prevention of Pollution from Ships,
1973, as provided by IMO Resolution A.541 (XIII) of
November 17, 1983;
(14) provisions of law establishing the threshold
tonnage levels at which evidence of financial
responsibility must be demonstrated; or
(15) unless otherwise provided by law, any other law
of the United States in effect before July 19, 1994,
and not listed by the Secretary under section 14302(c)
of this title.
(b) As long as the owner of a vessel has a request in effect
under subsection (a) of this section, the tonnages determined
under that request shall be used in applying the other
provisions of law described in subsection (a) to that vessel.
* * * * * * *
SUBTITLE III--MARITIME LIABILITY
* * * * * * *
CHAPTER 301--GENERAL LIABILITY PROVISIONS
Sec.
30101. Extension of jurisdiction to cases of damage or injury on land.
* * * * * * *
[30106. Time limit on bringing maritime action for personal injury or
death.]
30106. Time limit on bringing maritime action.
* * * * * * *
Sec. 30104. Personal injury to or death of seamen
(a) In General._A seaman injured in the course of
employment, including an injury resulting from sexual assault
or sexual harassment, or, if the seaman dies from the injury,
the personal representative of the seaman may elect to bring a
civil action at law, with the right of trial by jury, against
the employer. Laws of the United States regulating recovery for
personal injury to, or death of, a railway employee apply to an
action under this section.
(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.
* * * * * * *
Sec. 30106. Time limit on bringing maritime action [for personal injury
or death]
[Except as otherwise] (a) In General._Except as otherwise
provided by law, a civil action for damages for personal injury
or death arising out of a maritime tort must be brought within
3 years after the cause of action arose.
(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.
* * * * * * *
CHAPTER 305--EXONERATION AND LIMITATION OF LIABILITY
Sec.
SUBCHAPTER I--General provisions
[30501. Definition.]
30501. Definitions.
* * * * * * *
SUBCHAPTER II--Exoneration and limitation of liability
[30503] 30521. Declaration of nature and value of goods.
[30504] 30522. Loss by fire.
[30505] 30523. General limit of liability.
[30506] 30524. Limit of liability for personal injury or death.
[30507] 30525. Apportionment of losses.
[30508] 30526. Provisions requiring notice of claim or limiting time for
bringing action.
[30509] 30527. Provisions limiting liability for personal injury or
death.
[30510] 30528. Vicarious liability for medical malpractice with regard
to crew.
[30511] 30529. Action by owner for limitation.
[30512] 30530. Liability as master, officer, or seaman not affected.
Subchapter I--General Provisions
[Sec. 30501. Definition
[In this chapter, 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.]
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.
Sec. 30502. Application
Except as to covered small passenger vessels, and as
otherwise provided, this chapter (except section 30503) applies
to seagoing vessels and vessels used on lakes or rivers or in
inland navigation, including canal boats, barges, and lighters.
Subchapter II--Exoneration and Limitation of Liability
Sec. [30503.] 30521. Declaration of nature and value of goods
(a) In General.--If a shipper of an item named in subsection
(b), contained in a parcel, package, or trunk, loads the item
as freight or baggage on a vessel, without at the time of
loading giving to the person receiving the item a written
notice of the true character and value of the item and having
that information entered on the bill of lading, the owner and
master of the vessel are not liable as carriers. The owner and
master are not liable beyond the value entered on the bill of
lading.
(b) Items.--The items referred to in subsection (a) are
precious metals, gold or silver plated articles, precious
stones, jewelry, trinkets, watches, clocks, glass, china,
coins, bills, securities, printings, engravings, pictures,
stamps, maps, papers, silks, furs, lace, and similar items of
high value and small size.
Sec. [30504.] 30522. Loss by fire
The owner of a vessel is not liable for loss or damage to
merchandise on the vessel caused by a fire on the vessel unless
the fire resulted from the design or neglect of the owner.
Sec. [30505.] 30523. General limit of liability
(a) In General.--Except as provided in [section 30506]
section 30524 of this title, the liability of the owner of a
vessel for any claim, debt, or liability described in
subsection (b) shall not exceed the value of the vessel and
pending freight. If the vessel has more than one owner, the
proportionate share of the liability of any one owner shall not
exceed that owner's proportionate interest in the vessel and
pending freight.
(b) Claims Subject to Limitation.--Unless otherwise excluded
by law, claims, debts, and liabilities subject to limitation
under subsection (a) are those arising from any embezzlement,
loss, or destruction of any property, goods, or merchandise
shipped or put on board the vessel, any loss, damage, or injury
by collision, or any act, matter, or thing, loss, damage, or
forfeiture, done, occasioned, or incurred, without the privity
or knowledge of the owner.
(c) Wages.--Subsection (a) does not apply to a claim for
wages.
Sec. [30506.] 30524. Limit of liability for personal injury or death
(a) Application.--This section applies only to seagoing
vessels, but does not apply to pleasure yachts, tugs, towboats,
towing vessels, tank vessels, fishing vessels, fish tender
vessels, canal boats, scows, car floats, barges, lighters, or
nondescript vessels.
(b) Minimum Liability.--If the amount of the vessel owner's
liability determined under [section 30505] section 30523 of
this title is insufficient to pay all losses in full, and the
portion available to pay claims for personal injury or death is
less than $420 times the tonnage of the vessel, that portion
shall be increased to $420 times the tonnage of the vessel.
That portion may be used only to pay claims for personal injury
or death.
(c) Calculation of Tonnage.--Under subsection (b), the
tonnage of a self-propelled vessel is the gross tonnage without
deduction for engine room, and the tonnage of a sailing vessel
is the tonnage for documentation. However, space for the use of
seamen is excluded.
(d) Claims Arising on Distinct Occasions.--Separate limits of
liability apply to claims for personal injury or death arising
on distinct occasions.
(e) Privity or Knowledge.--In a claim for personal injury or
death, the privity or knowledge of the master or the owner's
superintendent or managing agent, at or before the beginning of
each voyage, is imputed to the owner.
Sec. [30507.] 30525. Apportionment of losses
If the amounts determined under [sections 30505 and 30506]
sections 30523 and 30524 of this title are insufficient to pay
all claims--
(1) all claimants shall be paid in proportion to
their respective losses out of the amount determined
under [section 30505] section 30523 of this title; and
(2) personal injury and death claimants, if any,
shall be paid an additional amount in proportion to
their respective losses out of the additional amount
determined under [section 30506(b)] section 30524(b) of
this title.
Sec. [30508.] 30526. Provisions requiring notice of claim or limiting
time for bringing action
(a) Application.--This section applies only to seagoing
vessels and covered small passenger vessels, but does not apply
to pleasure yachts, tugs, towboats, towing vessels, tank
vessels, fishing vessels, fish tender vessels, canal boats,
scows, car floats, barges, lighters, or nondescript vessels.
(b) Minimum Time Limits.--The owner, master, manager, or
agent of a vessel transporting passengers or property between
ports in the United States, or between a port in the United
States and a port in a foreign country, may not limit by
regulation, contract, or otherwise the period for--
(1) giving notice of, or filing a claim for, personal
injury or death to less than [6 months] 2 years after
the date of the injury or death; or
(2) bringing a civil action for personal injury or
death to less than [one year] 2 years after the date of
the injury or death.
(c) Effect of Failure To Give Notice.--When notice of a claim
for personal injury or death is required by a contract, the
failure to give the notice is not a bar to recovery if--
(1) the court finds that the owner, master, or agent
of the vessel had knowledge of the injury or death and
the owner has not been prejudiced by the failure;
(2) the court finds there was a satisfactory reason
why the notice could not have been given; or
(3) the owner of the vessel fails to object to the
failure to give the notice.
(d) Tolling of Period To Give Notice.--If a claimant is a
minor or mental incompetent, or if a claim is for wrongful
death, any period provided by a contract for giving notice of
the claim is tolled until the earlier of--
(1) the date a legal representative is appointed for
the minor, incompetent, or decedent's estate; or
(2) 3 years after the injury or death.
Sec. [30509.] 30527. Provisions limiting liability for personal injury
or death
(a) Prohibition.--
(1) In general.--The owner, master, manager, or agent
of a vessel transporting passengers between ports in
the United States, or between a port in the United
States and a port in a foreign country, may not include
in a regulation or contract a provision limiting--
(A) the liability of the owner, master, or
agent for personal injury or death caused by
the negligence or fault of the owner or the
owner's employees or agents; or
(B) the right of a claimant for personal
injury or death to a trial by court of
competent jurisdiction.
(2) Voidness.--A provision described in paragraph (1)
is void.
(b) Emotional Distress, Mental Suffering, and Psychological
Injury.--
(1) In general.--Subsection (a) does not prohibit a
provision in a contract or in ticket conditions of
carriage with a passenger that relieves an owner,
master, manager, agent, operator, or crewmember of a
vessel from liability for infliction of emotional
distress, mental suffering, or psychological injury so
long as the provision does not limit such liability
when the emotional distress, mental suffering, or
psychological injury is--
(A) the result of physical injury to the
claimant caused by the negligence or fault of a
crewmember or the owner, master, manager,
agent, or operator;
(B) the result of the claimant having been at
actual risk of physical injury, and the risk
was caused by the negligence or fault of a
crewmember or the owner, master, manager,
agent, or operator; or
(C) intentionally inflicted by a crewmember
or the owner, master, manager, agent, or
operator.
(2) Sexual offenses.--This subsection does not limit
the liability of a crewmember or the owner, master,
manager, agent, or operator of a vessel in a case
involving sexual harassment, sexual assault, or rape.
Sec. [30510.] 30528. Vicarious liability for medical malpractice with
regard to crew
In a civil action by any person in which the owner or
operator of a vessel or employer of a crewmember is claimed to
have vicarious liability for medical malpractice with regard to
a crewmember occurring at a shoreside facility, and to the
extent the damages resulted from the conduct of any shoreside
doctor, hospital, medical facility, or other health care
provider, the owner, operator, or employer is entitled to rely
on any statutory limitations of liability applicable to the
doctor, hospital, medical facility, or other health care
provider in the State of the United States in which the
shoreside medical care was provided.
Sec. [30511.] 30529. Action by owner for limitation
(a) In General.--The owner of a vessel may bring a civil
action in a district court of the United States for limitation
of liability under this chapter. The action must be brought
within 6 months after a claimant gives the owner written notice
of a claim.
(b) Creation of Fund.--When the action is brought, the owner
(at the owner's option) shall--
(1) deposit with the court, for the benefit of
claimants--
(A) an amount equal to the value of the
owner's interest in the vessel and pending
freight, or approved security; and
(B) an amount, or approved security, that the
court may fix from time to time as necessary to
carry out this chapter; or
(2) transfer to a trustee appointed by the court, for
the benefit of claimants--
(A) the owner's interest in the vessel and
pending freight; and
(B) an amount, or approved security, that the
court may fix from time to time as necessary to
carry out this chapter.
(c) Cessation of Other Actions.--When an action has been
brought under this section and the owner has complied with
subsection (b), all claims and proceedings against the owner
related to the matter in question shall cease.
Sec. [30512.] 30530. Liability as master, officer, or seaman not
affected
This chapter does not affect the liability of an individual
as a master, officer, or seaman, even though the individual is
also an owner of the vessel.
* * * * * * *
SUBTITLE V--MERCHANT MARINE
Part A--General
Chapter Sec.
Policy, Studies, and Reports.................................50101
* * * * * * *
50701onitoring and Mitigation.........................................
* * * * * * *
PART A--GENERAL
* * * * * * *
CHAPTER 503--ADMINISTRATIVE
* * * * * * *
Sec. 50307. Maritime environmental and technical assistance program
(a) In General.--The Secretary of Transportation, acting
through the Maritime Administrator, shall engage in the study,
research, development, assessment, and deployment of emerging
marine technologies and practices related to the maritime
transportation system through the use of public vessels under
the control of the Maritime Administration or private vessels
under United States registry, and through partnerships and
cooperative efforts with academic, public, private, and
nongovernmental entities and facilities.
(b) Components.--Under this section, the Secretary of
Transportation shall identify, study, evaluate, test,
demonstrate, or improve emerging marine technologies and
practices to improve--
(1) environmental performance to meet United States
Federal and international standards and guidelines,
including--
(A) reducing air emissions, water emissions,
or other ship discharges;
(B) increasing fuel economy or the use of
alternative fuels and alternative energy
(including the use of shore power); or
(C) controlling aquatic invasive species; or
(D) reducing propeller cavitation; [and]
(2) the efficiency and safety of domestic maritime
industries[.]; and
(3) technologies that quantifiably reduce underwater
noise from marine vessels, including noise produced
incidental to the propulsion of marine vessels.
(c) Coordination.--Coordination under subsection (b)(2) may
include--
(1) activities that are associated with the
development or approval of validation and testing
regimes; and
(2) certification or validation of emerging
technologies or practices that demonstrate significant
environmental or other benefits to domestic maritime
industries.
(d) Assistance.--The Secretary of Transportation may accept
gifts, or enter into cooperative agreements, contracts, or
other agreements with academic, public, private, and
nongovernmental entities and facilities to carry out the
activities authorized under subsection (a).
(e) Uses.--The results of activities conducted under
subsection (b)(1) shall be used to inform--
(1) the policy decisions of the United States related
to domestic regulations; and
(2) the position of the United States on matters
before the International Maritime Organization.
(f) Limitations on the Use of Funds.--Not more than three
percent of the funds appropriated to carry out this section may
be used for administrative purposes.
* * * * * * *
CHAPTER 507--MONITORING AND MITIGATION
Sec.
50701. Near real-time monitoring and mitigation program for large
whales.
50702. Pilot project.
Sec. 50701. Near real-time monitoring and mitigation program for large
whales
(a) Establishment.--The Administrator of the Maritime
Administration, in consultation with the Commandant of the
Coast Guard, shall design and deploy a near real-time large
whale monitoring and mitigation program (in this section
referred to as the Program) informed by the technologies,
monitoring methods, and mitigation protocols developed pursuant
to the pilot program required under section 50702.
(b) Purpose.--The purpose of the Program will be to reduce
the risk to large whales of vessel collisions and to minimize
other impacts.
(c) Requirements.--In designing and deploying the Program,
the Administrator shall--
(1) prioritize species of large whales for which
vessel collision impacts are of particular concern;
(2) prioritize areas where such vessel impacts are of
particular concern;
(3) develop technologies capable of detecting and
alerting individuals and enforcement agencies of the
probable location of large whales on a near real-time
basis, to include real time data whenever possible;
(4) inform sector-specific mitigation protocols to
effectively reduce takes of large whales; and
(5) integrate technology improvements as such
improvements become available.
(d) Authority.--The Administrator may make grants or enter
into and contracts, leases, or cooperative agreements as may be
necessary to carry out the purposes of this section on such
terms as the Administrator considers appropriate, consistent
with Federal acquisition regulations.
Sec. 50702. Pilot project
(a) Establishment.--The Administrator of the Maritime
Administration shall carry out a pilot monitoring and
mitigation project for North Atlantic right whales (in this
section referred to as the ``Pilot Program'') for purposes of
informing a cost-effective, efficient, and results-oriented
near real-time monitoring and mitigation program for large
whales under 50701.
(b) Pilot Project Requirements.--In carrying out the pilot
program, the Administrator, in coordination with the Commandant
of the Coast Guard, using best available scientific
information, shall identify and ensure coverage of--
(1) core foraging habitats of North Atlantic right
whales, including--
(A) the South of the Islands core foraging
habitat;
(B) the Cape Cod Bay Area core foraging
habitat;
(C) the Great South Channel core foraging
habitat; and
(D) the Gulf of Maine; and
(2) important feeding, breeding, calving, rearing, or
migratory habitats of North Atlantic right whales that
co-occur with areas of high risk of mortality, serious
injury, or other impacts to such whales, including from
vessels or vessel strikes.
(c) Pilot Project Components.--
(1) In general.--Not later than 3 years after the
date of enactment of the 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 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 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.
* * * * * * *
PART C--FINANCIAL ASSISTANCE PROGRAMS
* * * * * * *
CHAPTER 535--CAPITAL CONSTRUCTION FUNDS
* * * * * * *
Sec. 53501. Definitions
In this chapter:
(1) Agreement vessel.--The term ``agreement vessel''
means--
(A) an eligible vessel or a qualified vessel
that is subject to an agreement under this
chapter; and
(B) a barge or container that is part of the
complement of a vessel described in
subparagraph (A) if provided for in the
agreement.
(2) Eligible vessel.--The term ``eligible vessel''
means--
(A) a vessel--
(i) constructed in the United States
(and, if reconstructed, reconstructed
in the United States), constructed
outside the United States but
documented under the laws of the United
States on April 15, 1970, or
constructed outside the United States
for use in the United States foreign
trade pursuant to a contract made
before April 15, 1970;
(ii) documented under the laws of the
United States; and
(iii) operated in the foreign or
domestic trade of the United States or
in the fisheries of the United States;
[and]
(B) a commercial fishing vessel--
(i) constructed in the United States
and, if reconstructed, reconstructed in
the United States;
(ii) of at least 2 net tons but less
than 5 net tons;
(iii) owned by a citizen of the
United States;
(iv) having its home port in the
United States; and
(v) operated in the commercial
fisheries of the United States[.];
(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.
(3) Joint regulations.--The term ``joint
regulations'' means regulations prescribed jointly by
the Secretary and the Secretary of the Treasury under
section 53502(b) of this title.
(4) Noncontiguous trade.--The term ``noncontiguous
trade'' means--
(A) trade between--
(i) one of the contiguous 48 States;
and
(ii) Alaska, Hawaii, Puerto Rico, or
an insular territory or possession of
the United States; and
(B) trade between--
(i) a place in Alaska, Hawaii, Puerto
Rico, or an insular territory or
possession of the United States; and
(ii) another place in Alaska, Hawaii,
Puerto Rico, or an insular territory or
possession of the United States.
(5) Qualified vessel.--The term ``qualified vessel''
means--
(A) a vessel--
(i) constructed in the United States
(and, if reconstructed, reconstructed
in the United States), constructed
outside the United States but
documented under the laws of the United
States on April 15, 1970, or
constructed outside the United States
for use in the United States foreign
trade pursuant to a contract made
before April 15, 1970;
(ii) documented under the laws of the
United States; and
(iii) agreed, between the Secretary
and the person maintaining the capital
construction fund established under
section 53503 of this title, to be
operated in the United States foreign,
Great Lakes, noncontiguous domestic, or
short sea transportation trade or in
the fisheries of the United States;
[and]
(B) a commercial fishing vessel--
(i) constructed in the United States
and, if reconstructed, reconstructed in
the United States;
(ii) of at least 2 net tons but less
than 5 net tons;
(iii) owned by a citizen of the
United States;
(iv) having its home port in the
United States; and
(v) operated in the commercial
fisheries of the United States[.];
(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.
(6) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Commerce with respect to
an eligible vessel or a qualified vessel
operated or to be operated in the fisheries of
the United States; and
(B) the Secretary of Transportation with
respect to other vessels.
(7) Short sea transportation trade.--The term ``short
sea transportation trade'' means the carriage by vessel
of cargo--
(A) that is--
(i) contained in intermodal cargo
containers and loaded by crane on the
vessel; or
(ii) loaded on the vessel by means of
wheeled technology; and
(B) that is--
(i) loaded at a port in the United
States and unloaded either at another
port in the United States or at a port
in Canada located in the Great Lakes
Saint Lawrence Seaway System; or
(ii) loaded at a port in Canada
located in the Great Lakes Saint
Lawrence Seaway System and unloaded at
a port in the United States.
(8) United states foreign trade.--The term ``United
States foreign trade'' includes those areas in domestic
trade in which a vessel built with a construction-
differential subsidy is allowed to operate under the
first sentence of section 506 of the Merchant Marine
Act, 1936.
(9) Vessel.--The term ``vessel'' includes--
(A) cargo handling equipment that the
Secretary determines is intended for use
primarily on the vessel; and
(B) an ocean-going towing vessel, an ocean-
going barge, or a comparable towing vessel or
barge operated on the Great Lakes.
* * * * * * *
Sec. 53503. Establishing a capital construction fund
(a) In General.--A citizen of the United States owning or
leasing an eligible vessel may make an agreement with the
Secretary under this chapter to establish a capital
construction fund for the vessel.
(b) Allowable Purpose.--The purpose of the agreement shall be
to provide replacement vessels, additional vessels, or
reconstructed vessels, built in the United States and
documented under the laws of the United States, for operation
in the United States foreign, Great Lakes, noncontiguous
domestic, or short sea transportation (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) trade or in the fisheries
of the United States.
* * * * * * *
CHAPTER 537--LOANS AND GUARANTEES
* * * * * * *
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 53706. Eligible purposes of obligations
(a) In General.--To be eligible for a guarantee under this
chapter, an obligation must aid in any of the following:
(1)(A) Financing (including reimbursement of an
obligor for expenditures previously made for) the
construction, reconstruction, or reconditioning of a
vessel designed principally for research, or for
commercial use--
(i) in the coastwise or intercoastal trade;
(ii) on the Great Lakes, or on bays, sounds,
rivers, harbors, or inland lakes of the United
States;
(iii) in foreign trade as defined in section
109(b) of this title;
(iv) as an ocean thermal energy conversion
facility or plantship; or
(v) as a floating drydock in the
construction, reconstruction, reconditioning,
or repair of vessels.
(B) A guarantee under subparagraph (A) may not be
made more than one year after delivery of the vessel
(or redelivery if the vessel was reconstructed or
reconditioned) unless the proceeds of the obligation
are used to finance the construction, reconstruction,
or reconditioning of a vessel or of facilities or
equipment related to marine operations.
(2) Financing (including reimbursement of an obligor
for expenditures previously made for) the construction,
reconstruction, reconditioning, or purchase of a vessel
owned by citizens of the United States and designed
principally for research, or for commercial use in the
fishing industry.
(3) Financing the purchase, reconstruction, or
reconditioning of a vessel or fishery facility--
(A) for which an obligation was guaranteed
under this chapter; and
(B) that, under subchapter II of this
chapter--
(i) is a vessel or fishery facility
for which an obligation was accelerated
and paid;
(ii) was acquired by the Federal Ship
Financing Fund or successor account
under section 53717 of this title; or
(iii) was sold at foreclosure begun
or intervened in by the Secretary or
Administrator.
(4) Financing any part of the repayment to the United
States Government of any amount of a construction-
differential subsidy paid for a vessel.
(5) Refinancing an existing obligation (regardless of
whether guaranteed under this chapter) issued for a
purpose described in paragraphs (1)-(4), including a
short-term obligation incurred to obtain temporary
funds with the intention of refinancing.
(6) Financing or refinancing (including reimbursement
of an obligor for expenditures previously made for) the
construction, reconstruction, reconditioning, or
purchase of a fishery facility.
(7) Financing or refinancing--
(A) the purchase of individual fishing quotas
in accordance with section 303(d)(4) of the
Magnuson-Stevens Fishery Conservation and
Management Act (including the reimbursement of
obligors for expenditures previously made for
such a purchase);
(B) activities that assist in the transition
to reduced fishing capacity; or
(C) technologies or upgrades designed to
improve collection and reporting of fishery-
dependent data, to reduce bycatch, to improve
selectivity or reduce adverse impacts of
fishing gear, or to improve safety.
(8) Financing (including reimbursement of an obligor
for expenditures previously made for) the
reconstruction, reconditioning, retrofitting, repair,
or similar work in a shipyard located in the United
States--
(A) required for the vessel to be a vessel of
the United States;
(B) required for the vessel to be issued a
coastwise endorsement under chapter 121;
(C) to convert a civilian vessel of the
United States to a more useful military
configuration;
(D) for any vessel under contract to the
Federal Government; or
(E) for any vessel participating in--
(i) the Maritime Security Program or
the Emergency Preparedness Program
under chapter 531;
(ii) the Cable Security Fleet under
chapter 532;
(iii) the Tanker Security Fleet under
chapter 534; or
(iv) the National Defense Reserve
Fleet under section 57100.
(b) Non-Vessels Treated as Vessels.--An obligation guaranteed
under subsection (a)(6) or (7) shall be treated, for purposes
of this chapter, in the same manner and to the same extent as
an obligation that aids in financing the construction,
reconstruction, reconditioning, or purchase of a vessel, except
with respect to provisions that by their nature can only be
applied to vessels.
(c) Priorities for Certain Vessels.--
(1) Vessels.--In guaranteeing or making a commitment
to guarantee an obligation under this chapter, the
Administrator shall give priority to--
(A) a vessel that is otherwise eligible for a
guarantee and is constructed with assistance
under subtitle D of the Maritime Security Act
of 2003 (46 U.S.C. 53101 note);
(B) after applying subparagraph (A), a vessel
that is otherwise eligible for a guarantee and
that the Secretary of Defense determines--
(i) is suitable for service as a
naval auxiliary in time of war or
national emergency; and
(ii) meets a shortfall in sealift
capacity or capability; and
(C) after applying subparagraphs (A) and (B),
Vessels of National Interest.
(2) Time for determination.--The Secretary of Defense
shall determine whether a vessel satisfies paragraph
(1)(B) not later than 30 days after receipt of a
request from the Administrator for such a
determination.
* * * * * * *
CHAPTER 541--MISCELLANEOUS
Sec
54101. Assistance for small shipyards.
54102. Assistance to reduce impacts of vessel strikes and noise on
marine mammals.
* * * * * * *
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.
* * * * * * *
SUBTITLE VII--SECURITY AND DRUG ENFORCEMENT
* * * * * * *
CHAPTER 700--PORTS AND WATERWAYS SAFETY
SUBCHAPTER I--VESSEL OPERATIONS
Sec.
70001. Vessel traffic services.
* * * * * * *
[70006. Establishment by the Secretary of the department in which the
Coast Guard is operating of anchorage grounds and regulations
generally.]
70006. Anchorage grounds.
* * * * * * *
SUBCHAPTER I--VESSEL OPERATIONS
* * * * * * *
[Sec. 70006. Establishment by Secretary of the department in which the
Coast Guard is operating of anchorage grounds and
regulations generally
[(a) In General.--The Secretary of Homeland Security is
authorized, empowered, and directed to define and establish
anchorage grounds for vessels in all harbors, rivers, bays, and
other navigable waters of the United States whenever it is
manifest to the said Secretary that the maritime or commercial
interests of the United States require such anchorage grounds
for safe navigation and the establishment of such anchorage
grounds shall have been recommended by the Chief of Engineers,
and to adopt suitable rules and regulations in relation
thereto; and such rules and regulations shall be enforced by
the Coast Guard under the direction of the Secretary of
Transportation: Provided, That at ports or places where there
is no Coast Guard vessel available such rules and regulations
may be enforced by the Chief of Engineers under the direction
of the Secretary of Homeland Security. In the event of the
violation of any such rules and regulations by the owner,
master, or person in charge of any vessel, such owner, master,
or person in charge of such vessel shall be liable to a penalty
of up to $10,000. Each day during which a violation continues
shall constitute a separate violation. The said vessel may be
holden for the payment of such penalty, and may be seized and
proceeded against summarily by libel for the recovery of the
same in any United States district court for the district
within which such vessel may be and in the name of the officer
designated by the Secretary of Homeland Security.
[(b) Definition.--As used in this section ``navigable waters
of the United States'' includes all waters of the territorial
sea of the United States as described in Presidential
Proclamation No. 5928 of December 27, 1988.]
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.
* * * * * * *
CHAPTER 701--PORT SECURITY
SUBCHAPTER I--GENERAL
Sec.
70101. Definitions.
* * * * * * *
[70105. Transportation security cards.]
70105. Transportation worker identification credentials.
* * * * * * *
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 70105. Transportation [security cards] worker identification
credentials
(a) Prohibition.--(1) The Secretary shall prescribe
regulations to prevent an individual from entering an area of a
vessel or facility that is designated as a secure area by the
Secretary for purposes of a security plan for the vessel or
facility that is approved by the Secretary under section 70103
of this title unless the individual--
(A) holds a [transportation security card]
transportation worker identification credential issued
under this section and is authorized to be in the area
in accordance with the plan; or
(B) is accompanied by another individual who holds a
[transportation security card] transportation worker
identification credential issued under this section and
is authorized to be in the area in accordance with the
plan.
(2) A person shall not admit an individual into such a secure
area unless the entry of the individual into the area is in
compliance with paragraph (1).
(b) Issuance of [Cards] Credentials.--(1) The Secretary shall
issue a biometric [transportation security card] transportation
worker identification credential to an individual specified in
paragraph (2), unless the Secretary determines under subsection
(c) that the individual poses a security risk warranting denial
of the [card] credential.
(2) This subsection applies to--
(A) an individual allowed unescorted access to a
secure area designated in a vessel or facility security
plan approved under section 70103 of this title;
(B) an individual issued a license, certificate of
registry, or merchant mariners document under part E of
subtitle II of this title allowed unescorted access to
a secure area designated in a vessel security plan
approved under section 70103 of this title;
(C) a vessel pilot;
(D) an individual engaged on a towing vessel that
pushes, pulls, or hauls alongside a tank vessel allowed
unescorted access to a secure area designated in a
vessel security plan approved under section 70103 of
this title;
(E) an individual with access to security sensitive
information as determined by the Secretary;
(F) other individuals engaged in port security
activities as determined by the Secretary;
(G) a member of the Armed Forces who--
(i) is undergoing separation, discharge, or
release from the Armed Forces under honorable
conditions;
(ii) applies for a [transportation security
card] transportation worker identification
credential; and
(iii) is otherwise eligible for such a [card]
credential; and
(H) other individuals as determined appropriate by
the Secretary including individuals employed at a port
not otherwise covered by this subsection.
(3) The Secretary may extend for up to one year the
expiration of a biometric [transportation security card]
transportation worker identification credential required by
this section to align the expiration with the expiration of a
license, certificate of registry, or merchant mariner document
required under chapter 71 or 73.
(c) Determination of Terrorism Security Risk.--
(1) Disqualifications.--
(A) Permanent disqualifying criminal
offenses.--Except as provided under paragraph
(2), an individual is permanently disqualified
from being issued a biometric [transportation
security card] transportation worker
identification credential under subsection (b)
if the individual has been convicted, or found
not guilty by reason of insanity, in a civilian
or military jurisdiction of any of the
following felonies:
(i) Espionage or conspiracy to commit
espionage.
(ii) Sedition or conspiracy to commit
sedition.
(iii) Treason or conspiracy to commit
treason.
(iv) A Federal crime of terrorism (as
defined in section 2332b(g) of title
18), a crime under a comparable State
law, or conspiracy to commit such
crime.
(v) A crime involving a
transportation security incident.
(vi) Improper transportation of a
hazardous material in violation of
section 5104(b) of title 49, or a
comparable State law.
(vii) Unlawful possession, use, sale,
distribution, manufacture, purchase,
receipt, transfer, shipment,
transportation, delivery, import,
export, or storage of, or dealing in,
an explosive or explosive device. In
this clause, an explosive or explosive
device includes--
(I) an explosive (as defined
in sections 232(5) and 844(j)
of title 18);
(II) explosive materials (as
defined in subsections (c)
through (f) of section 841 of
title 18); and
(III) a destructive device
(as defined in 921(a)(4) of
title 18 or section 5845(f) of
the Internal Revenue Code of
1986).
(viii) Murder.
(ix) Making any threat, or
maliciously conveying false information
knowing the same to be false,
concerning the deliverance, placement,
or detonation of an explosive or other
lethal device in or against a place of
public use, a State or other government
facility, a public transportation
system, or an infrastructure facility.
(x) A violation of chapter 96 of
title 18, popularly known as the
Racketeer Influenced and Corrupt
Organizations Act, or a comparable
State law, if one of the predicate acts
found by a jury or admitted by the
defendant consists of one of the crimes
listed in this subparagraph.
(xi) Attempt to commit any of the
crimes listed in clauses (i) through
(iv).
(xii) Conspiracy or attempt to commit
any of the crimes described in clauses
(v) through (x).
(B) Interim disqualifying criminal
offenses.--Except as provided under paragraph
(2), an individual is disqualified from being
issued a biometric [transportation security
card] transportation worker identification
credential under subsection (b) if the
individual has been convicted, or found not
guilty by reason of insanity, during the 7-year
period ending on the date on which the
individual applies for such [card] credential,
or was released from incarceration during the
5-year period ending on the date on which the
individual applies for such [card] credential,
of any of the following felonies:
(i) Unlawful possession, use, sale,
manufacture, purchase, distribution,
receipt, transfer, shipment,
transportation, delivery, import,
export, or storage of, or dealing in, a
firearm or other weapon. In this
clause, a firearm or other weapon
includes--
(I) firearms (as defined in
section 921(a)(3) of title 18
or section 5845(a) of the
Internal Revenue Code of 1986);
and
(II) items contained on the
U.S. Munitions Import List
under section 447.21 of title
27, Code of Federal
Regulations.
(ii) Extortion.
(iii) Dishonesty, fraud, or
misrepresentation, including identity
fraud and money laundering if the money
laundering is related to a crime
described in this subparagraph or
subparagraph (A). In this clause,
welfare fraud and passing bad checks do
not constitute dishonesty, fraud, or
misrepresentation.
(iv) Bribery.
(v) Smuggling.
(vi) Immigration violations.
(vii) Distribution of, possession
with intent to distribute, or
importation of a controlled substance.
(viii) Arson.
(ix) Kidnaping or hostage taking.
(x) Rape or aggravated sexual abuse.
(xi) Assault with intent to kill.
(xii) Robbery.
(xiii) Conspiracy or attempt to
commit any of the crimes listed in this
subparagraph.
(xiv) Fraudulent entry into a seaport
in violation of section 1036 of title
18, or a comparable State law.
(xv) A violation of the chapter 96 of
title 18 (popularly known as the
Racketeer Influenced and Corrupt
Organizations Act) or a comparable
State law, other than any of the
violations listed in subparagraph
(A)(x).
(C) Under want, warrant, or indictment.--An
applicant who is wanted, or under indictment,
in any civilian or military jurisdiction for a
felony listed in paragraph (1)(A), is
disqualified from being issued a biometric
[transportation security card] transportation
worker identification credential under
subsection (b) until the want or warrant is
released or the indictment is dismissed.
(D) Other potential disqualifications.--
Except as provided under subparagraphs (A)
through (C), an individual may not be denied a
[transportation security card] transportation
worker identification credential under
subsection (b) unless the Secretary determines
that individual--
(i) has been convicted within the
preceding 7-year period of a felony or
found not guilty by reason of insanity
of a felony--
(I) that the Secretary
believes could cause the
individual to be a terrorism
security risk to the United
States; or
(II) for causing a severe
transportation security
incident;
(ii) has been released from
incarceration within the preceding 5-
year period for committing a felony
described in clause (i);
(iii) may be denied admission to the
United States or removed from the
United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et
seq.); or
(iv) otherwise poses a terrorism
security risk to the United States.
(E) Modification of listed offenses.--The
Secretary may, by rulemaking, add to or modify
the list of disqualifying crimes described in
paragraph (1)(B).
(2) The Secretary shall prescribe regulations that
establish a waiver process for issuing a
[transportation security card] transportation worker
identification credential to an individual found to be
otherwise ineligible for such a [card] credential under
subparagraph (A), (B), or (D) of paragraph (1). In
deciding to issue a [card] credential to such an
individual, the Secretary shall--
(A) give consideration to the circumstances
of any disqualifying act or offense,
restitution made by the individual, Federal and
State mitigation remedies, and other factors
from which it may be concluded that the
individual does not pose a terrorism risk
warranting denial of the [card] credential; and
(B) issue a waiver to an individual without
regard to whether that individual would
otherwise be disqualified if the individual's
employer establishes alternate security
arrangements acceptable to the Secretary.
(3) Denial of waiver review.--
(A) In general.--The Secretary shall
establish a review process before an
administrative law judge for individuals denied
a waiver under paragraph (2).
(B) Scope of review.--In conducting a review
under the process established pursuant to
subparagraph (A), the administrative law judge
shall be governed by the standards of section
706 of title 5. The substantial evidence
standard in section 706(2)(E) of title 5 shall
apply whether or not there has been an agency
hearing. The judge shall review all facts on
the record of the agency.
(C) Classified evidence.--The Secretary, in
consultation with the Director of National
Intelligence, shall issue regulations to
establish procedures by which the Secretary, as
part of a review conducted under this
paragraph, may provide to the individual
adversely affected by the determination an
unclassified summary of classified evidence
upon which the denial of a waiver by the
Secretary was based.
(D) Review of classified evidence by
administrative law judge.--
(i) Review.--As part of a review
conducted under this section, if the
decision of the Secretary was based on
classified information (as defined in
section 1(a) of the Classified
Information Procedures Act (18 U.S.C.
App.)), such information may be
submitted by the Secretary to the
reviewing administrative law judge,
pursuant to appropriate security
procedures, and shall be reviewed by
the administrative law judge ex parte
and in camera.
(ii) Security clearances.--Pursuant
to existing procedures and
requirements, the Secretary, in
coordination (as necessary) with the
heads of other affected departments or
agencies, shall ensure that
administrative law judges reviewing
negative waiver decisions of the
Secretary under this paragraph possess
security clearances appropriate for
such review.
(iii) Unclassified summaries of
classified evidence.--As part of a
review conducted under this paragraph
and upon the request of the individual
adversely affected by the decision of
the Secretary not to grant a waiver,
the Secretary shall provide to the
individual and reviewing administrative
law judge, consistent with the
procedures established under clause
(i), an unclassified summary of any
classified information upon which the
decision of the Secretary was based.
(E) New evidence.--The Secretary shall
establish a process under which an individual
may submit a new request for a waiver,
notwithstanding confirmation by the
administrative law judge of the Secretary's
initial denial of the waiver, if the request is
supported by substantial evidence that was not
available to the Secretary at the time the
initial waiver request was denied.
(4) The Secretary shall establish an appeals process
under this section for individuals found to be
ineligible for a [transportation security card]
transportation worker identification credential that
includes notice and an opportunity for a hearing.
(5) Upon application, the Secretary may issue a
[transportation security card] transportation worker
identification credential to an individual if the
Secretary has previously determined, under section
5103a of title 49, that the individual does not pose a
security risk.
(d) Background Records Check.--(1) On request of the
Secretary, the Attorney General shall--
(A) conduct a background records check regarding the
individual; and
(B) upon completing the background records check,
notify the Secretary of the completion and results of
the background records check.
(2) A background records check regarding an individual under
this subsection shall consist of the following:
(A) A check of the relevant criminal history
databases.
(B) In the case of an alien, a check of the relevant
databases to determine the status of the alien under
the immigration laws of the United States.
(C) As appropriate, a check of the relevant
international databases or other appropriate means.
(D) Review of any other national security-related
information or database identified by the Attorney
General for purposes of such a background records
check.
(e) Restrictions on Use and Maintenance of Information.--(1)
Information obtained by the Attorney General or the Secretary
under this section may not be made available to the public,
including the individual's employer.
(2) Any information constituting grounds for denial of a
[transportation security card] transportation worker
identification credential under this section shall be
maintained confidentially by the Secretary and may be used only
for making determinations under this section. The Secretary may
share any such information with other Federal law enforcement
agencies. An individual's employer may only be informed of
whether or not the individual has been issued the [card]
credential under this section.
(f) Definition.--In this section, the term ``alien'' has the
meaning given the term in section 101(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(3)).
(g) Applications for Merchant Mariners' Documents.--The
Assistant Secretary of Homeland Security for the Transportation
Security Administration and the Commandant of the Coast Guard
shall--
(1) develop and, no later than 2 years after the date
of enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020, implement a joint
application for merchant mariner's documents under
chapter 73 and for a [transportation security card]
transportation worker identification credential issued
under this section; and
(2) upon receipt of a joint application developed
under paragraph (1) concurrently process an application
from an individual for merchant mariner's documents
under chapter 73 and an application from such
individual for a [transportation security card]
transportation worker identification credential under
this section.
(h) Fees.--The Secretary shall ensure that the fees charged
each individual applying for a [transportation security card]
transportation worker identification credential under this
section who has passed a background check under section
5103a(d) of title 49, United States Code, and who has a current
hazardous materials endorsement in accordance with section 1572
of title 49, Code of Federal Regulations, and each individual
with a current merchant mariners' document who has passed a
criminal background check under section 7302(d)--
(1) are for costs associated with the issuance,
production, and management of the [transportation
security card] transportation worker identification
credential, as determined by the Secretary; and
(2) do not include costs associated with performing a
background check for that individual, except for any
incremental costs in the event that the scope of such
background checks diverge.
[(i) Implementation Schedule.--In implementing the
transportation security card program under this section, the
Secretary shall--
[(1) establish a priority for each United States port
based on risk, including vulnerabilities assessed under
section 70102; and
[(2) implement the program, based upon such risk and
other factors as determined by the Secretary, at all
facilities regulated under this chapter at--
[(A) the 10 United States ports that the
Secretary designates top priority not later
than July 1, 2007;
[(B) the 40 United States ports that are next
in order of priority to the ports described in
subparagraph (A) not later than January 1,
2008; and
[(C) all other United States ports not later
than January 1, 2009.]
[(j)] (i) Priority Processing for Separating Service
Members.--(1) The Secretary and the Secretary of Defense shall
enter into a memorandum of understanding regarding the
submission and processing of applications for [transportation
security cards] transportation worker identification
credentials under subsection (b)(2)(G).
(2) Not later than 30 days after the submission of such an
application by an individual who is eligible to submit such an
application, the Secretary shall process and approve or deny
the application unless an appeal or waiver applies or further
application documentation is necessary.
[(k)] (j) Deployment of Transportation [Security Card] Worker
Identification Credential Readers.--
(1) Pilot program.--
(A) In general.--The Secretary shall conduct
a pilot program to test the business processes,
technology, and operational impacts required to
deploy [transportation security card]
transportation worker identification credential
readers at secure areas of the marine
transportation system.
(B) Geographic locations.--The pilot program
shall take place at not fewer than 5 distinct
geographic locations, to include vessels and
facilities in a variety of environmental
settings.
(C) Commencement.--The pilot program shall
commence not later than 180 days after the date
of the enactment of the SAFE Port Act.
(2) Correlation with transportation [security cards]
worker identification credentials.--
(A) In general.--The pilot program described
in paragraph (1) shall be conducted
concurrently with the issuance of the
[transportation security cards] transportation
worker identification credentials described in
subsection (b) to ensure [card] credential and
[card] credential reader interoperability.
(B) Fee.--An individual charged a fee for a
[transportation security card] transportation
worker identification credential issued under
this section may not be charged an additional
fee if the Secretary determines different
[transportation security cards] transportation
worker identification credentials are needed
based on the results of the pilot program
described in paragraph (1) or for other reasons
related to the technology requirements for the
[transportation security card] transportation
worker identification credential program.
(3) Regulations.--Not later than 2 years after the
commencement of the pilot program under paragraph
(1)(C), the Secretary, after a notice and comment
period that includes at least 1 public hearing, shall
promulgate final regulations that require the
deployment of [transportation security card]
transportation worker identification credential readers
that are consistent with the findings of the pilot
program and build upon the regulations prescribed under
subsection (a).
(4) Report.--Not later than 120 days before the
promulgation of regulations under paragraph (3), the
Secretary shall submit a comprehensive report to the
appropriate congressional committees (as defined in
section 2(1) of SAFE Port Act) that includes--
(A) the findings of the pilot program with
respect to technical and operational impacts of
implementing a [transportation security card]
transportation worker identification credential
reader system;
(B) any actions that may be necessary to
ensure that all vessels and facilities to which
this section applies are able to comply with
such regulations; and
(C) an analysis of the viability of equipment
under the extreme weather conditions of the
marine environment.
[(l) Progress Reports.--Not later than 6 months after the
date of the enactment of the SAFE Port Act, and every 6 months
thereafter until the requirements under this section are fully
implemented, the Secretary shall submit a report on progress
being made in implementing such requirements to the appropriate
congressional committees (as defined in section 2(1) of the
SAFE Port Act).]
[(m)] (k) Limitation.--The Secretary may not require the
placement of an electronic reader for [transportation security
cards] transportation worker identification credentials on a
vessel unless--
(1) the vessel has more individuals on the crew that
are required to have a [transportation security card]
transportation worker identification credential than
the number the Secretary determines, by regulation
issued under [subsection (k)(3)] subsection (j)(3),
warrants such a reader; or
(2) the Secretary determines that the vessel is at
risk of a severe transportation security incident.
[(n)] (l) The Secretary may use a secondary authentication
system to verify the identification of individuals using
[transportation security cards] transportation worker
identification credentials when the individual's fingerprints
are not able to be taken or read.
[(o)] (m) Escorting.--The Secretary shall coordinate with
owners and operators subject to this section to allow any
individual who has a pending application for a [transportation
security card] transportation worker identification credential
under this section or is waiting for reissuance of such [card]
credential, including any individual whose [card] credential
has been lost or stolen, and who needs to perform work in a
secure or restricted area to have access to such area for that
purpose through escorting of such individual in accordance with
subsection (a)(1)(B) by another individual who holds a
[transportation security card] transportation worker
identification credential. Nothing in this subsection shall be
construed as requiring or compelling an owner or operator to
provide escorted access.
[(p)] (n) Processing Time.--The Secretary shall review an
initial [transportation security card] transportation worker
identification credential application and respond to the
applicant, as appropriate, including the mailing of an Initial
Determination of Threat Assessment letter, within 30 days after
receipt of the initial application. The Secretary shall, to the
greatest extent practicable, review appeal and waiver requests
submitted by a [transportation security card] transportation
worker identification credential applicant, and send a written
decision or request for additional information required for the
appeal or waiver determination, within 30 days after receipt of
the applicant's appeal or waiver written request. For an
applicant that is required to submit additional information for
an appeal or waiver determination, the Secretary shall send a
written decision, to the greatest extent practicable, within 30
days after receipt of all requested information.
[(q)] (o) Receipt and Activation of Transportation [Security
Card] Worker Identification Credential.--
(1) In general.--Not later than one year after the
date of publication of final regulations required by
[subsection (k)(3)] subsection (j)(3) of this section
the Secretary shall develop a plan to permit the
receipt and activation of [transportation security
cards] transportation worker identification credentials
at any vessel or facility described in subsection (a)
of this section that desires to implement this
capability. [This plan shall] Such receipt and
activation shall comply, to the extent possible, with
all appropriate requirements of Federal standards for
personal identity verification and credential.
(2) Limitation.--The Secretary may not require any
such vessel or facility to provide [on-site activation
capability] on-site receipt and activation of
transportation worker identification credentials.
* * * * * * *
Sec. 70114. Automatic identification systems
(a) System Requirements.--(1) Subject to paragraph (2), the
following vessels[, while operating on the navigable waters of
the United States,] shall be equipped with and operate an
automatic identification system under regulations prescribed by
the Secretary:
(A) While operating on the navigable waters of the
United States:
[(A)] (i) A self-propelled commercial vessel
of at least 65 feet overall in length.
[(B)] (ii) A vessel carrying more than a
number of passengers for hire determined by the
Secretary.
[(C)] (iii) A towing vessel of more than 26
feet overall in length and 600 horsepower.
[(D)] (iv) Any other vessel for which the
Secretary decides that an automatic
identification system is necessary for the safe
navigation of the vessel.
(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.
(2) The Secretary may--
(A) exempt a vessel from paragraph (1) if the
Secretary finds that an automatic identification system
is not necessary for the safe navigation of the vessel
on the waters on which the vessel operates; and
(B) waive the application of paragraph (1) with
respect to operation of vessels on navigable waters of
the United States specified by the Secretary if the
Secretary finds that automatic identification systems
are not needed for safe navigation on those waters.
(b) Regulations.--The Secretary shall prescribe regulations
implementing subsection (a), including requirements for the
operation and maintenance of the automatic identification
systems required under subsection (a).
* * * * * * *
----------
FEDERAL WATER POLLUTION CONTROL ACT
* * * * * * *
TITLE III--STANDARDS AND ENFORCEMENT
* * * * * * *
oil and hazardous substance liability
Sec. 311. (a) For the purpose of this section, the term--
(1) ``oil'' means oil of any kind or in any form,
including, but not limited to, petroleum, fuel oil,
sludge, oil refuse, and oil mixed with wastes other
than dredged spoil;
(2) ``discharge'' includes, but is not limited to,
any spilling, leaking, pumping, pouring, emitting,
emptying or dumping, but excludes (A) discharges in
compliance with a permit under section 402 of this Act,
(B) discharges resulting from circumstances identified
and reviewed and made a part of the public record with
respect to a permit issued or modified under section
402 of this Act, and subject to a condition in such
permit,,(C) continuous or anticipated intermittent
discharges from a point source, identified in a permit
or permit application under section 402 of this Act,
which are caused by events occurring within the scope
of relevant operating or treatment systems, and (D)
discharges incidental to mechanical removal authorized
by the President under subsection (c) of this section;
(3) ``vessel'' means every description of watercraft
or other artificial contrivance used, or capable of
being used, as a means of transportation on water other
than a public vessel;
(4) ``public vessel'' means a vessel owned or
bareboat-chartered and operated by the United States,
or by a State or political subdivision thereof, or by a
foreign nation, except when such vessel is engaged in
commerce;
(5) ``United States'' means the States, the District
of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, Guam,
American Samoa, the Virgin Islands, and the Trust
Territory of the Pacific Islands;
(6) ``owner or operator'' means (A) in the case of a
vessel, any person owning, operating, or chartering by
demise, such vessel, and (B) in the case of an onshore
facility, and an offshore facility, any person owning
or operating such onshore facility or offshore
facility, and (C) in the case of any abandoned offshore
facility, the person who owned or operated such
facility immediately prior to such abandonment;
(7) ``person'' includes an individual, firm,
corporation, association, and a partnership;
(8) ``remove'' or ``removal'' refers to containment
and removal of the oil or hazardous substances from the
water and shorelines or the taking of such other
actions as may be necessary to prevent, minimize, or
mitigate damage to the public health or welfare,
including, but not limited to, fish, shellfish,
wildlife, and public and private property, shorelines,
and beaches;
(9) ``contiguous zone'' means the entire zone
established or to be established by the United States
under article 24 of the Convention on the Territorial
Sea and the Contiguous Zone;
(10) ``onshore facility'' means any facility
(including, but not limited to, motor vehicles and
rolling stock) of any kind located in, on, or under,
any land within the United States other than submerged
land;
(11) ``offshore facility'' means any facility of any
kind located in, on, or under, any of the navigable
waters of the United States, any facility of any kind
which is subject to the jurisdiction of the United
States and is located in, on, or under any other
waters, other than a vessel or a public vessel, and,
for the purposes of applying subsections (b), (c), (e),
and (o), any foreign offshore unit (as defined in
section 1001 of the Oil Pollution Act) or any other
facility located seaward of the exclusive economic
zone;
(12) ``act of God'' means an act occasioned by an
unanticipated grave natural disaster;
(13) ``barrel'' means 42 United States gallons at 60
degrees Fahrenheit;
(14) ``hazardous substance'' means any substance
designated pursuant to subsection (b)(2) of this
section;
(15) ``inland oil barge'' means a non-self-propelled
vessel carrying oil in bulk as cargo and certificated
to operate only in the inland waters of the United
States, while operating in such waters;
(16) ``inland waters of the United States'' means
those waters of the United States lying inside the
baseline from which the territorial sea is measured and
those waters outside such baseline which are a part of
the Gulf Intracoastal Waterway;
(17) ``otherwise subject to the jurisdiction of the
United States'' means subject to the jurisdiction of
the United States by virtue of United States
citizenship, United States vessel documentation or
numbering, or as provided for by international
agreement to which the United States is a party;
(18) ``Area Committee'' means an Area Committee
established under subsection (j);
(19) ``Area Contingency Plan'' means an Area
Contingency Plan prepared under subsection (j);
(20) ``Coast Guard District Response Group'' means a
Coast Guard District Response Group established under
subsection (j);
(21) ``Federal On-Scene Coordinator'' means a Federal
On-Scene Coordinator designated in the National
Contingency Plan;
(22) ``National Contingency Plan'' means the National
Contingency Plan prepared and published under
subsection (d);
(23) ``National Response Unit'' means the National
Response Unit established under subsection (j);
(24) ``worst case discharge'' means--
(A) in the case of a vessel, a discharge in
adverse weather conditions of its entire cargo;
and
(B) in the case of an offshore facility or
onshore facility, the largest foreseeable
discharge in adverse weather conditions;
(25) ``removal costs'' means--
(A) the costs of removal of oil or a
hazardous substance that are incurred after it
is discharged; and
(B) in any case in which there is a
substantial threat of a discharge of oil or a
hazardous substance, the costs to prevent,
minimize, or mitigate that threat;
(26) ``nontank vessel'' means a self-propelled vessel
that--
(A) is at least 400 gross tons as measured
under section 14302 of title 46, United States
Code, or, for vessels not measured under that
section, as measured under section 14502 of
that title;
(B) is not a tank vessel;
(C) carries oil of any kind as fuel for main
propulsion; and
(D) operates on the navigable waters of the
United States, as defined in section 2101(23)
of that title;
(27) the term ``best available science'' means
science that--
(A) maximizes the quality, objectivity, and
integrity of information, including statistical
information;
(B) uses peer-reviewed and publicly available
data; and
(C) clearly documents and communicates risks
and uncertainties in the scientific basis for
such projects;
(28) the term ``Chairperson'' means the Chairperson
of the Council;
(29) the term ``coastal political subdivision'' means
any local political jurisdiction that is immediately
below the State level of government, including a
county, parish, or borough, with a coastline that is
contiguous with any portion of the United States Gulf
of Mexico;
(30) the term ``Comprehensive Plan'' means the
comprehensive plan developed by the Council pursuant to
subsection (t);
(31) the term ``Council'' means the Gulf Coast
Ecosystem Restoration Council established pursuant to
subsection (t);
(32) the term ``Deepwater Horizon oil spill'' means
the blowout and explosion of the mobile offshore
drilling unit Deepwater Horizon that occurred on April
20, 2010, and resulting hydrocarbon releases into the
environment;
(33) the term ``Gulf Coast region'' means--
(A) in the Gulf Coast States, the coastal
zones (as that term is defined in section 304
of the Coastal Zone Management Act of 1972 (16
U.S.C. 1453)), except that, in this section,
the term ``coastal zones'' includes land within
the coastal zones that is held in trust by, or
the use of which is by law subject solely to
the discretion of, the Federal Government or
officers or agents of the Federal Government))
that border the Gulf of Mexico;
(B) any adjacent land, water, and watersheds,
that are within 25 miles of the coastal zones
described in subparagraph (A) of the Gulf Coast
States; and
(C) all Federal waters in the Gulf of Mexico;
(34) the term ``Gulf Coast State'' means any of the
States of Alabama, Florida, Louisiana, Mississippi, and
Texas; and
(35) the term ``Trust Fund'' means the Gulf Coast
Restoration Trust Fund established pursuant to section
1602 of the Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of the
Gulf Coast States Act of 2012.
(b)(1) The Congress hereby declares that it is the policy of
the United States that there should be no discharges of oil or
hazardous substances into or upon the navigable waters of the
United States, adjoining shorelines, or into or upon the waters
of the contiguous zone, or in connection with activities under
the Outer Continental Shelf Lands Act or the Deepwater Port Act
of 1974, or which may affect natural resources belonging to,
appertaining to, or under the exclusive management authority of
the United States (including resources under the Fishery
Conservation and Management Act of 1976).
(2)(A) The Administrator shall develop, promulgate, and
revise as may be appropriate, regulations designating as
hazardous substances, other than oil as defined in this
section, such elements and compounds which, when discharged in
any quantity into or upon the navigable waters of the United
States or adjoining shorelines or the waters of the contiguous
zone or in connection with activities under the Outer
Continental Shelf Lands Act or the Deepwater Port Act of 1974,
or which may affect natural resources belonging to,
appertaining to, or under the exclusive management authority of
the United States (including resources under the Fishery
Conservation and Management Act of 1976), present an imminent
and substantial danger to the public health or welfare,
including, but not limited to, fish, shellfish, wildlife,
shorelines, and beaches.
(B) The Administrator shall within 18 months after the date
of enactment of this paragraph, conduct a study and report to
the Congress on methods, mechanisms, and procedures to create
incentives to achieve a higher standard of care in all aspects
of the management and movement of hazardous substances on the
part of owners, operators, or persons in charge of onshore
facilities, offshore facilities, or vessels. The Administrator
shall include in such study (1) limits of liability, (2)
liability for third party damages, (3) penalties and fees, (4)
spill prevention plans, (5) current practices in the insurance
and banking industries, and (6) whether the penalty enacted in
subclause (bb) of clause (iii) of subparagraph (B) of
subsection (b)(2) of section 311 of Public Law 92-500 should be
enacted.
(3) The discharge of oil or hazardous substances (i) into or
upon the navigable waters of the United States, adjoining
shorelines, or into or upon the waters of the contiguous zone,
or (ii) in connection with activities under the Outer
Continental Shelf Lands Act or the Deepwater Port Act of 1974,
or which may affect natural resources belonging to,
appertaining to, or under the exclusive management authority of
the United States (including resources under the Fishery
Conservation and Management Act of 1976), in such quantities as
may be harmful as determined by the President under paragraph
(4) of this subsection, is prohibited, except (A) in the case
of such discharges into the waters of the contiguous zone or
which may affect natural resources belonging to, appertaining
to, or under the exclusive management authority of the United
States (including resources under the Fishery Conservation and
Management Act of 1976), where permitted under the Protocol of
1978 Relating to the International Convention for the
Prevention of Pollution from Ships, 1973, and (B) where
permitted in quantities and at times and locations or under
such circumstances or conditions as the President may, by
regulation, determine not to be harmful. Any regulations issued
under this subsection shall be consistent with maritime safety
and with marine and navigation laws and regulations and
applicable water quality standards.
(4) The President shall by regulation determine for the
purposes of this section those quantities of oil and any
hazardous substances the discharge of which may be harmful to
the public health or welfare or the environment of the United
States, including but not limited to fish, shellfish, wildlife,
and public and private property, shorelines, and beaches.
(5) Any person in charge of a vessel or of an onshore
facility or an offshore facility shall, as soon as he has
knowledge of any discharge of oil or a hazardous substance from
such vessel or facility in violation of paragraph (3) of this
subsection, immediately notify the appropriate agency of the
United States Government of such discharge. The Federal agency
shall immediately notify the appropriate State agency of any
State which is, or may reasonably be expected to be, affected
by the discharge of oil or a hazardous substance. Any such
person (A) in charge of a vessel from which oil or a hazardous
substance is discharged in violation of paragraph (3)(i) of
this subsection, or (B) in charge of a vessel from which oil or
a hazardous substance is discharged in violation of paragraph
(3)(ii) of this subsection and who is otherwise subject to the
jurisdiction of the United States at the time of the discharge,
or (C) in charge of an onshore facility or an offshore
facility, who fails to notify immediately such agency of such
discharge shall, upon conviction, be fined in accordance with
title 18, United States Code, or imprisoned for not more than 5
years, or both. Notification received pursuant to this
paragraph shall not be used against any such natural person in
any criminal case, except a prosecution for perjury or for
giving a false statement.
(6) Administrative penalties.--
(A) Violations.--Any owner, operator, or
person in charge of any vessel, onshore
facility, or offshore facility--
(i) from which oil or a hazardous
substance is discharged in violation of
paragraph (3), or
(ii) who fails or refuses to comply
with any regulation issued under
subsection (j) to which that owner,
operator, or person in charge is
subject,
may be assessed a class I or class II civil
penalty by the Secretary of the department in
which the Coast Guard is operating, the
Secretary of Transportation, or the
Administrator.
(B) Classes of penalties.--
(i) Class i.--The amount of a class I
civil penalty under subparagraph (A)
may not exceed $10,000 per violation,
except that the maximum amount of any
class I civil penalty under this
subparagraph shall not exceed $25,000.
Before assessing a civil penalty under
this clause, the Administrator or
Secretary, as the case may be, shall
give to the person to be assessed such
penalty written notice of the
Administrator's or Secretary's proposal
to assess the penalty and the
opportunity to request, within 30 days
of the date the notice is received by
such person, a hearing on the proposed
penalty. Such hearing shall not be
subject to section 554 or 556 of title
5, United States Code, but shall
provide a reasonable opportunity to be
heard and to present evidence.
(ii) Class ii.--The amount of a class
II civil penalty under subparagraph (A)
may not exceed $10,000 per day for each
day during which the violation
continues; except that the maximum
amount of any class II civil penalty
under this subparagraph shall not
exceed $125,000. Except as otherwise
provided in this subsection, a class II
civil penalty shall be assessed and
collected in the same manner, and
subject to the same provisions, as in
the case of civil penalties assessed
and collected after notice and
opportunity for a hearing on the record
in accordance with section 554 of title
5, United States Code. The
Administrator and Secretary may issue
rules for discovery procedures for
hearings under this paragraph.
(C) Rights of interested persons.--
(i) Public notice.--Before issuing an
order assessing a class II civil
penalty under this paragraph the
Administrator or Secretary, as the case
may be, shall provide public notice of
and reasonable opportunity to comment
on the proposed issuance of such order.
(ii) Presentation of evidence.--Any
person who comments on a proposed
assessment of a class II civil penalty
under this paragraph shall be given
notice of any hearing held under this
paragraph and of the order assessing
such penalty. In any hearing held under
this paragraph, such person shall have
a reasonable opportunity to be heard
and to present evidence.
(iii) Rights of interested persons to
a hearing.--If no hearing is held under
subparagraph (B) before issuance of an
order assessing a class II civil
penalty under this paragraph, any
person who commented on the proposed
assessment may petition, within 30 days
after the issuance of such order, the
Administrator or Secretary, as the case
may be, to set aside such order and to
provide a hearing on the penalty. If
the evidence presented by the
petitioner in support of the petition
is material and was not considered in
the issuance of the order, the
Administrator or Secretary shall
immediately set aside such order and
provide a hearing in accordance with
subparagraph (B)(ii). If the
Administrator or Secretary denies a
hearing under this clause, the
Administrator or Secretary shall
provide to the petitioner, and publish
in the Federal Register, notice of and
the reasons for such denial.
(D) Finality of order.--An order assessing a
class II civil penalty under this paragraph
shall become final 30 days after its issuance
unless a petition for judicial review is filed
under subparagraph (G) or a hearing is
requested under subparagraph (C)(iii). If such
a hearing is denied, such order shall become
final 30 days after such denial.
(E) Effect of order.--Action taken by the
Administrator or Secretary, as the case may be,
under this paragraph shall not affect or limit
the Administrator's or Secretary's authority to
enforce any provision of this Act; except that
any violation--
(i) with respect to which the
Administrator or Secretary has
commenced and is diligently prosecuting
an action to assess a class II civil
penalty under this paragraph, or
(ii) for which the Administrator or
Secretary has issued a final order
assessing a class II civil penalty not
subject to further judicial review and
the violator has paid a penalty
assessed under this paragraph,
shall not be the subject of a civil penalty
action under section 309(d), 309(g), or 505 of
this Act or under paragraph (7).
(F) Effect of action on compliance.--No
action by the Administrator or Secretary under
this paragraph shall affect any person's
obligation to comply with any section of this
Act.
(G) Judicial review.--Any person against whom
a civil penalty is assessed under this
paragraph or who commented on the proposed
assessment of such penalty in accordance with
subparagraph (C) may obtain review of such
assessment--
(i) in the case of assessment of a
class I civil penalty, in the United
States District Court for the District
of Columbia or in the district in which
the violation is alleged to have
occurred, or
(ii) in the case of assessment of a
class II civil penalty, in United
States Court of Appeals for the
District of Columbia Circuit or for any
other circuit in which such person
resides or transacts business,
by filing a notice of appeal in such court
within the 30-day period beginning on the date
the civil penalty order is issued and by
simultaneously sending a copy of such notice by
certified mail to the Administrator or
Secretary, as the case may be, and the Attorney
General. The Administrator or Secretary shall
promptly file in such court a certified copy of
the record on which the order was issued. Such
court shall not set aside or remand such order
unless there is not substantial evidence in the
record, taken as a whole, to support the
finding of a violation or unless the
Administrator's or Secretary's assessment of
the penalty constitutes an abuse of discretion
and shall not impose additional civil penalties
for the same violation unless the
Administrator's or Secretary's assessment of
the penalty constitutes an abuse of discretion.
(H) Collection.--If any person fails to pay
an assessment of a civil penalty--
(i) after the assessment has become
final, or
(ii) after a court in an action
brought under subparagraph (G) has
entered a final judgment in favor of
the Administrator or Secretary, as the
case may be,
the Administrator or Secretary shall request
the Attorney General to bring a civil action in
an appropriate district court to recover the
amount assessed (plus interest at currently
prevailing rates from the date of the final
order or the date of the final judgment, as the
case may be). In such an action, the validity,
amount, and appropriateness of such penalty
shall not be subject to review. Any person who
fails to pay on a timely basis the amount of an
assessment of a civil penalty as described in
the first sentence of this subparagraph shall
be required to pay, in addition to such amount
and interest, attorneys fees and costs for
collection proceedings and a quarterly
nonpayment penalty for each quarter during
which such failure to pay persists. Such
nonpayment penalty shall be in an amount equal
to 20 percent of the aggregate amount of such
person's penalties and nonpayment penalties
which are unpaid as of the beginning of such
quarter.
(I) Subpoenas.--The Administrator or
Secretary, as the case may be, may issue
subpoenas for the attendance and testimony of
witnesses and the production of relevant
papers, books, or documents in connection with
hearings under this paragraph. In case of
contumacy or refusal to obey a subpoena issued
pursuant to this subparagraph and served upon
any person, the district court of the United
States for any district in which such person is
found, resides, or transacts business, upon
application by the United States and after
notice to such person, shall have jurisdiction
to issue an order requiring such person to
appear and give testimony before the
administrative law judge or to appear and
produce documents before the administrative law
judge, or both, and any failure to obey such
order of the court may be punished by such
court as a contempt thereof.
(7) Civil penalty action.--
(A) Discharge, generally.--Any person who is
the owner, operator, or person in charge of any
vessel, onshore facility, or offshore facility
from which oil or a hazardous substance is
discharged in violation of paragraph (3), shall
be subject to a civil penalty in an amount up
to $25,000 per day of violation or an amount up
to $1,000 per barrel of oil or unit of
reportable quantity of hazardous substances
discharged.
(B) Failure to remove or comply.--Any person
described in subparagraph (A) who, without
sufficient cause--
(i) fails to properly carry out
removal of the discharge under an order
of the President pursuant to subsection
(c); or
(ii) fails to comply with an order
pursuant to subsection (e)(1)(B);
shall be subject to a civil penalty in an
amount up to $25,000 per day of violation or an
amount up to 3 times the costs incurred by the
Oil Spill Liability Trust Fund as a result of
such failure.
(C) Failure to comply with regulation.--Any
person who fails or refuses to comply with any
regulation issued under subsection (j) shall be
subject to a civil penalty in an amount up to
$25,000 per day of violation.
(D) Gross negligence.--In any case in which a
violation of paragraph (3) was the result of
gross negligence or willful misconduct of a
person described in subparagraph (A), the
person shall be subject to a civil penalty of
not less than $100,000, and not more than
$3,000 per barrel of oil or unit of reportable
quantity of hazardous substance discharged.
(E) Jurisdiction.--An action to impose a
civil penalty under this paragraph may be
brought in the district court of the United
States for the district in which the defendant
is located, resides, or is doing business, and
such court shall have jurisdiction to assess
such penalty.
(F) Limitation.--A person is not liable for a
civil penalty under this paragraph for a
discharge if the person has been assessed a
civil penalty under paragraph (6) for the
discharge.
(8) Determination of amount.--In determining the
amount of a civil penalty under paragraphs (6) and (7),
the Administrator, Secretary, or the court, as the case
may be, shall consider the seriousness of the violation
or violations, the economic benefit to the violator, if
any, resulting from the violation, the degree of
culpability involved, any other penalty for the same
incident, any history of prior violations, the nature,
extent, and degree of success of any efforts of the
violator to minimize or mitigate the effects of the
discharge, the economic impact of the penalty on the
violator, and any other matters as justice may require.
(9) Mitigation of damage.--In addition to
establishing a penalty for the discharge of oil or a
hazardous substance, the Administrator or the Secretary
of the department in which the Coast Guard is operating
may act to mitigate the damage to the public health or
welfare caused by such discharge. The cost of such
mitigation shall be deemed a cost incurred under
subsection (c) of this section for the removal of such
substance by the United States Government.
(10) Recovery of removal costs.--Any costs of removal
incurred in connection with a discharge excluded by
subsection (a)(2)(C) of this section shall be
recoverable from the owner or operator of the source of
the discharge in an action brought under section 309(b)
of this Act.
(11) Limitation.--Civil penalties shall not be
assessed under both this section and section 309 for
the same discharge.
(12) Withholding Clearance.--If any owner, operator, or
person in charge of a vessel is liable for a civil penalty
under this subsection, or if reasonable cause exists to believe
that the owner, operator, or person in charge may be subject to
a civil penalty under this subsection, the Secretary of the
Treasury, upon the request of the Secretary of the department
in which the Coast Guard is operating or the Administrator,
shall with respect to such vessel refuse or revoke--
(A) the clearance required by section 4197 of the
Revised Statutes of the United States (46 U.S.C. App.
91);
(B) a permit to proceed under section 4367 of the
Revised Statutes of the United States (46 U.S.C. App.
313); and
(C) a permit to depart required under section 443 of
the Tariff Act of 1930 (19 U.S.C. 1443);
as applicable. Clearance or a permit refused or revoked under
this paragraph may be granted upon the filing of a bond or
other surety satisfactory to the Secretary of the department in
which the Coast Guard is operating or the Administrator.
(c) Federal Removal Authority.--
(1) General removal requirement.--(A) The President
shall, in accordance with the National Contingency Plan
and any appropriate Area Contingency Plan, ensure
effective and immediate removal of a discharge, and
mitigation or prevention of a substantial threat of a
discharge, of oil or a hazardous substance--
(i) into or on the navigable waters;
(ii) on the adjoining shorelines to the
navigable waters;
(iii) into or on the waters of the exclusive
economic zone; or
(iv) that may affect natural resources
belonging to, appertaining to, or under the
exclusive management authority of the United
States.
(B) In carrying out this paragraph, the President
may--
(i) remove or arrange for the removal of a
discharge, and mitigate or prevent a
substantial threat of a discharge, at any time;
(ii) direct or monitor all Federal, State,
and private actions to remove a discharge; and
(iii) remove and, if necessary, destroy a
vessel discharging, or threatening to
discharge, by whatever means are available.
(2) Discharge posing substantial threat to public
health or welfare.--(A) If a discharge, or a
substantial threat of a discharge, of oil or a
hazardous substance from a vessel, offshore facility,
or onshore facility is of such a size or character as
to be a substantial threat to the public health or
welfare of the United States (including but not limited
to fish, shellfish, wildlife, other natural resources,
and the public and private beaches and shorelines of
the United States), the President shall direct all
Federal, State, and private actions to remove the
discharge or to mitigate or prevent the threat of the
discharge.
(B) In carrying out this paragraph, the President
may, without regard to any other provision of law
governing contracting procedures or employment of
personnel by the Federal Government--
(i) remove or arrange for the removal of the
discharge, or mitigate or prevent the
substantial threat of the discharge; and
(ii) remove and, if necessary, destroy a
vessel discharging, or threatening to
discharge, by whatever means are available.
(3) Actions in accordance with national contingency
plan.--(A) Each Federal agency, State, owner or
operator, or other person participating in efforts
under this subsection shall act in accordance with the
National Contingency Plan or as directed by the
President.
(B) An owner or operator participating in efforts
under this subsection shall act in accordance with the
National Contingency Plan and the applicable response
plan required under subsection (j), or as directed by
the President, except that the owner or operator may
deviate from the applicable response plan if the
President or the Federal On-Scene Coordinator
determines that deviation from the response plan would
provide for a more expeditious or effective response to
the spill or mitigation of its environmental effects.
(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.
(4) Exemption from liability.--(A) A person is not
liable for removal costs or damages which result from
actions taken or omitted to be taken in the course of
rendering care, assistance, or advice consistent with
the National Contingency Plan or as otherwise directed
by the President relating to a discharge or a
substantial threat of a discharge of oil or a hazardous
substance.
(B) Subparagraph (A) does not apply--
(i) to a responsible party;
(ii) to a response under the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(iii) with respect to personal injury or
wrongful death; or
(iv) if the person is grossly negligent or
engages in willful misconduct.
(C) A responsible party is liable for any removal
costs and damages that another person is relieved of
under subparagraph (A).
(5) Obligation and liability of owner or operator not
affected.--Nothing in this subsection affects--
(A) the obligation of an owner or operator to
respond immediately to a discharge, or the
threat of a discharge, of oil; or
(B) the liability of a responsible party
under the Oil Pollution Act of 1990.
(6) Responsible party defined.--For purposes of this
subsection, the term ``responsible party'' has the
meaning given that term under section 1001 of the Oil
Pollution Act of 1990.
(d) National Contingency Plan.--
(1) Preparation by president.--The President shall
prepare and publish a National Contingency Plan for
removal of oil and hazardous substances pursuant to
this section.
(2) Contents.--The National Contingency Plan shall
provide for efficient, coordinated, and effective
action to minimize damage from oil and hazardous
substance discharges, including containment, dispersal,
and removal of oil and hazardous substances, and shall
include, but not be limited to, the following:
(A) Assignment of duties and responsibilities
among Federal departments and agencies in
coordination with State and local agencies and
port authorities including, but not limited to,
water pollution control and conservation and
trusteeship of natural resources (including
conservation of fish and wildlife).
(B) Identification, procurement, maintenance,
and storage of equipment and supplies.
(C) Establishment or designation of Coast
Guard strike teams, consisting of--
(i) personnel who shall be trained,
prepared, and available to provide
necessary services to carry out the
National Contingency Plan;
(ii) adequate oil and hazardous
substance pollution control equipment
and material; and
(iii) a detailed oil and hazardous
substance pollution and prevention
plan, including measures to protect
fisheries and wildlife.
(D) A system of surveillance and notice
designed to safeguard against as well as ensure
earliest possible notice of discharges of oil
and hazardous substances and imminent threats
of such discharges to the appropriate State and
Federal agencies.
(E) Establishment of a national center to
provide coordination and direction for
operations in carrying out the Plan.
(F) Procedures and techniques to be employed
in identifying, containing, dispersing, and
removing oil and hazardous substances.
(G) A schedule, prepared in cooperation with
the States, identifying--
(i) dispersants, other chemicals, and
other spill mitigating devices and
substances, if any, that may be used in
carrying out the Plan,
(ii) the waters in which such
dispersants, other chemicals, and other
spill mitigating devices and substances
may be used, and
(iii) the quantities of such
dispersant, other chemicals, or other
spill mitigating device or substance
which can be used safely in such
waters,
which schedule shall provide in the case of any
dispersant, chemical, spill mitigating device
or substance, or waters not specifically
identified in such schedule that the President,
or his delegate, may, on a case-by-case basis,
identify the dispersants, other chemicals, and
other spill mitigating devices and substances
which may be used, the waters in which they may
be used, and the quantities which can be used
safely in such waters.
(H) A system whereby the State or States
affected by a discharge of oil or hazardous
substance may act where necessary to remove
such discharge and such State or States may be
reimbursed in accordance with the Oil Pollution
Act of 1990, in the case of any discharge of
oil from a vessel or facility, for the
reasonable costs incurred for that removal,
from the Oil Spill Liability Trust Fund.
(I) Establishment of criteria and procedures
to ensure immediate and effective Federal
identification of, and response to, a
discharge, or the threat of a discharge, that
results in a substantial threat to the public
health or welfare of the United States, as
required under subsection (c)(2).
(J) Establishment of procedures and standards
for removing a worst case discharge of oil, and
for mitigating or preventing a substantial
threat of such a discharge.
(K) Designation of the Federal official who
shall be the Federal On-Scene Coordinator for
each area for which an Area Contingency Plan is
required to be prepared under subsection (j).
(L) Establishment of procedures for the
coordination of activities of--
(i) Coast Guard strike teams
established under subparagraph (C);
(ii) Federal On-Scene Coordinators
designated under subparagraph (K);
(iii) District Response Groups
established under subsection (j); and
(iv) Area Committees established
under subsection (j).
(M) A fish and wildlife response plan,
developed in consultation with the United
States Fish and Wildlife Service, the National
Oceanic and Atmospheric Administration, and
other interested parties (including State fish
and wildlife conservation officials), for the
immediate and effective protection, rescue, and
rehabilitation of, and the minimization of risk
of damage to, fish and wildlife resources and
their habitat that are harmed or that may be
jeopardized by a discharge.
(3) Revisions and amendments.--The President may,
from time to time, as the President deems advisable,
revise or otherwise amend the National Contingency
Plan.
(4) Actions in accordance with national contingency
plan.--After publication of the National Contingency
Plan, the removal of oil and hazardous substances and
actions to minimize damage from oil and hazardous
substance discharges shall, to the greatest extent
possible, be in accordance with the National
Contingency Plan.
(e) Civil Enforcement.--
(1) Orders protecting public health.--In addition to
any action taken by a State or local government, when
the President determines that there may be an imminent
and substantial threat to the public health or welfare
of the United States, including fish, shellfish, and
wildlife, public and private property, shorelines,
beaches, habitat, and other living and nonliving
natural resources under the jurisdiction or control of
the United States, because of an actual or threatened
discharge of oil or a hazardous substance from a vessel
or facility in violation of subsection (b), the
President may--
(A) require the Attorney General to secure
any relief from any person, including the owner
or operator of the vessel or facility, as may
be necessary to abate such endangerment; or
(B) after notice to the affected State, take
any other action under this section, including
issuing administrative orders, that may be
necessary to protect the public health and
welfare.
(2) Jurisdiction of district courts.--The district
courts of the United States shall have jurisdiction to
grant any relief under this subsection that the public
interest and the equities of the case may require.
(f)(1) Except where an owner or operator can prove that a
discharge was caused solely by (A) an act of God, (B) an act of
war, (C) negligence on the part of the United States
Government, or (D) an act or omission of a third party without
regard to whether any such act or omission was or was not
negligent, or any combination of the foregoing clauses, such
owner or operator of any vessel from which oil or a hazardous
substance is discharged in violation of subsection (b)(3) of
this section shall, notwithstanding any other provision of law,
be liable to the United States Government for the actual costs
incurred under subsection (c) for the removal of such oil or
substance by the United States Government in an amount not to
exceed, in the case of an inland oil barge $125 per gross ton
of such barge, or $125,000, whichever is greater, and in the
case of any other vessel, $150 per gross ton of such vessel
(or, for a vessel carrying oil or hazardous substances as
cargo, $250,000), whichever is greater, except that where the
United States can show that such discharge was the result of
willful negligence or willful misconduct within the privity and
knowledge of the owner, such owner or operator shall be liable
to the United States Government for the full amount of such
costs. Such costs shall constitute a maritime lien on such
vessel which may be recovered in an action in rem in the
district court of the United States for any district within
which any vessel may be found. The United States may also bring
an action against the owner or operator of such vessel in any
court of competent jurisdiction to recover such costs.
(2) Except where an owner or operator of an onshore facility
can prove that a discharge was caused solely by (A) an act of
God, (B) an act of war, (C) negligence on the part of the
United States Government, or (D) an act or omission of a third
party without regard to whether any such act or omission was or
was not negligent, or any combination of the foregoing clauses,
such owner or operator of any such facility from which oil or a
hazardous substance is discharged in violation of subsection
(b)(3) of this section shall be liable to the United States
Government for the actual costs incurred under subsection (c)
for the removal of such oil or substance by the United States
Government in an amount not to exceed $50,000,000, except that
where the United States can show that such discharge was the
result of willful negligence or willful misconduct within the
privity and knowledge of the owner, such owner or operator
shall be liable to the United States Government for the full
amount of such costs. The United States may bring an action
against the owner or operator of such facility in any court of
competent jurisdiction to recover such costs. The Administrator
is authorized, by regulation, after consultation with the
Secretary of Commerce and the Small Business Administration, to
establish reasonable and equitable classifications, of those
onshore facilities having a total fixed storage capacity of
1,000 barrels or less which he determines because of size,
type, and location do not present a substantial risk of the
discharge of oil or hazardous substance in violation of
subsection (b)(3) of this section, and apply with respect to
such classifications differing limits of liability which may be
less than the amount contained in this paragraph.
(3) Except where an owner or operator of an offshore facility
can prove that a discharge was caused solely by (A) an act of
God, (B) an act of war, (C) negligence on the part of the
United States Government, or (D) an act or omission of a third
party without regard to whether any such act or omission was or
was not negligent, or any combination of the foregoing clauses,
such owner or operator of any such facility from which oil or a
hazardous substance is discharged in violation of subsection
(b)(3) of this section shall, notwithstanding any other
provision of law, be liable to the United States Government for
the actual costs incurred under subsection (c) for the removal
of such oil or substance by the United States Government in an
amount not to exceed $50,000,000, except that where the United
States can show that such discharge was the result of willful
negligence or willful misconduct within the privity and
knowledge of the owner, such owner or operator shall be liable
to the United States Government for the full amount of such
costs. The United States may bring an action against the owner
or operator of such a facility in any court of competent
jurisdiction to recover such costs.
(4) The costs of removal of oil or a hazardous substance for
which the owner or operator of a vessel or onshore or offshore
facility is liable under subsection (f) of this section shall
include any costs or expenses incurred by the Federal
Government or any State government in the restoration or
replacement of natural resources damaged or destroyed as a
result of a discharge of oil or a hazardous substance in
violation of subsection (b) of this section.
(5) The President, or the authorized representative of any
State, shall act on behalf of the public as trustee of the
natural resources to recover for the costs of replacing or
restoring such resources. Sums recovered shall be used to
restore, rehabilitate, or acquire the equivalent of such
natural resources by the appropriate agencies of the Federal
Government, or the State government.
(g) Where the owner or operator of a vessel (other than an
inland oil barge) carrying oil or hazardous substances as cargo
or an onshore or offshore facility which handles or stores oil
or hazardous substances in bulk, from which oil or a hazardous
substance is discharged in violation of subsection (b) of this
section, alleges that such discharge was caused solely by an
act or omission of a third party, such owner or operator shall
pay to the United States Government the actual costs incurred
under subsection (c) for removal of such oil or substance and
shall be entitled by subrogation to all rights of the United
States Government to recover such costs from such third party
under this subsection. In any case where an owner or operator
of a vessel, of an onshore facility, or of an offshore
facility, from which oil or a hazardous substance is discharged
in violation of subsection (b)(3) of this section, proves that
such discharge of oil or hazardous substance was caused solely
by an act or omission of a third party, or was caused solely by
such an act or omission in combination with an act of God, an
act of war, or negligence on the part of the United States
Government, such third party shall, not withstanding any other
provision of law, be liable to the United States Government for
the actual costs incurred under subsection (c) for removal of
such oil or substance by the United States Government, except
where such third party can prove that such discharge was caused
solely by (A) an act of God, (B) an act of war, (C) negligence
on the part of the United States Government, or (D) an act or
omission of another party without regard to whether such act or
omission was or was not negligent, or any combination of the
foregoing clauses. If such third party was the owner or
operator of a vessel which caused the discharge of oil or a
hazardous substance in violation of subsection (b)(3) of this
section, the liability of such third party under this
subsection shall not exceed, in the case of an inland oil barge
$125 per gross ton of such barge, $125,000, whichever is
greater, and in the case of any other vessel, $150 per gross
ton of such vessel (or, for a vessel carrying oil or hazardous
substances as cargo, $250,000), whichever is greater. In any
other case the liability of such third party shall not exceed
the limitation which would have been applicable to the owner or
operator of the vessel or the onshore or offshore facility from
which the discharge actually occurred if such owner or operator
were liable. If the United States can show that the discharge
of oil or a hazardous substance in violation of subsection
(b)(3) of this section was the result of willful negligence or
willful misconduct within the privity and knowledge of such
third party, such third party shall be liable to the United
States Government for the full amount of such removal costs.
The United States may bring an action against the third party
in any court of competent jurisdiction to recover such removal
costs.
(h) The liabilities established by this section shall in no
way affect any rights which (1) the owner or operator of a
vessel or of an onshore facility or an offshore facility may
have against any third party whose acts may in any way have
caused or contributed to such discharge, or (2) The United
States Government may have against any third party whose
actions may in any way have caused or contributed to the
discharge of oil or hazardous substance.
(i) In any case where an owner or operator of a vessel or an
onshore facility or an offshore facility from which oil or a
hazardous substance is discharged in violation of subsection
(b)(3) of this section acts to remove such oil or substance in
accordance with regulations promulgated pursuant to this
section, such owner or operator shall be entitled to recover
the reasonable costs incurred in such removal upon
establishing, in a suit which may be brought against the United
States Government in the United States Claims Court, that such
discharge was caused solely by (A) an act of God, (B) an act of
war, (C) negligence on the part of the United States
Government, or (D) an act or omission of a third party without
regard to whether such act or omission was or was not
negligent, or of any combination of the foregoing clauses.
(j) National Response System.--
(1) In general.--Consistent with the National
Contingency Plan required by subsection (c)(2) of this
section, as soon as practicable after the effective
date of this section, and from time to time thereafter,
the President shall issue regulations consistent with
maritime safety and with marine and navigation laws (A)
establishing methods and procedures for removal of
discharged oil and hazardous substances, (B)
establishing criteria for the development and
implementation of local and regional oil and hazardous
substance removal contingency plans, (C) establishing
procedures, methods, and equipment and other
requirements for equipment to prevent discharges of oil
and hazardous substances from vessels and from onshore
facilities and offshore facilities, and to contain such
discharges, and (D) governing the inspection of vessels
carrying cargoes of oil and hazardous substances and
the inspection of such cargoes in order to reduce the
likelihood of discharges of oil from vessels in
violation of this section.
(2) National response unit.--The Secretary of the
department in which the Coast Guard is operating shall
establish a National Response Unit at Elizabeth City,
North Carolina. The Secretary, acting through the
National Response Unit--
(A) shall compile and maintain a
comprehensive computer list of spill removal
resources, personnel, and equipment that is
available worldwide and within the areas
designated by the President pursuant to
paragraph (4), and of information regarding
previous spills, including data from
universities, research institutions, State
governments, and other nations, as appropriate,
which shall be disseminated as appropriate to
response groups and area committees, and which
shall be available to Federal and State
agencies and the public;
(B) shall provide technical assistance,
equipment, and other resources requested by a
Federal On-Scene Coordinator;
(C) shall coordinate use of private and
public personnel and equipment to remove a
worst case discharge, and to mitigate or
prevent a substantial threat of such a
discharge, from a vessel, offshore facility, or
onshore facility operating in or near an area
designated by the President pursuant to
paragraph (4);
(D) may provide technical assistance in the
preparation of Area Contingency Plans required
under paragraph (4);
(E) shall administer Coast Guard strike teams
established under the National Contingency
Plan;
(F) shall maintain on file all Area
Contingency Plans approved by the President
under this subsection; and
(G) shall review each of those plans that
affects its responsibilities under this
subsection.
(3) Coast guard district response groups.--(A) The
Secretary of the department in which the Coast Guard is
operating shall establish in each Coast Guard district
a Coast Guard District Response Group.
(B) Each Coast Guard District Response Group shall
consist of--
(i) the Coast Guard personnel and equipment,
including firefighting equipment, of each port
within the district;
(ii) additional prepositioned equipment; and
(iii) a district response advisory staff.
(C) Coast Guard district response groups--
(i) shall provide technical assistance,
equipment, and other resources when required by
a Federal On-Scene Coordinator;
(ii) shall maintain all Coast Guard response
equipment within its district;
(iii) may provide technical assistance in the
preparation of Area Contingency Plans required
under paragraph (4); and
(iv) shall review each of those plans that
affect its area of geographic responsibility.
(4) Area committees and area contingency plans.--(A)
There is established for each area designated by the
President an Area Committee comprised of members
appointed by the President from qualified--
(i) personnel of Federal, State, and local
agencies; and
(ii) members of federally recognized Indian
tribes, where applicable.
(B) Each Area Committee, under the direction of the
Federal On-Scene Coordinator for its area, shall--
(i) prepare for its area the Area Contingency
Plan required under subparagraph (C);
(ii) work with State, local, and tribal
officials to enhance the contingency planning
of those officials and to assure preplanning of
joint response efforts, including appropriate
procedures for mechanical recovery, dispersal,
shoreline cleanup, protection of sensitive
environmental areas, and protection, rescue,
and rehabilitation of fisheries and wildlife,
including advance planning with respect to the
closing and reopening of fishing areas
following a discharge; and
(iii) work with State, local, and tribal
officials to expedite decisions for the use of
dispersants and other mitigating substances and
devices.
(C) Each Area Committee shall prepare and submit to
the President for approval an Area Contingency Plan for
its area. The Area Contingency Plan shall--
(i) when implemented in conjunction with the
National Contingency Plan, be adequate to
remove a worst case discharge, and to mitigate
or prevent a substantial threat of such a
discharge, from a vessel, offshore facility, or
onshore facility operating in or near the area;
(ii) describe the area covered by the plan,
including the areas of special economic or
environmental importance that might be damaged
by a discharge;
(iii) describe in detail the responsibilities
of an owner or operator and of Federal, State,
and local agencies in removing a discharge, and
in mitigating or preventing a substantial
threat of a discharge;
(iv) list the equipment (including
firefighting equipment), dispersants or other
mitigating substances and devices, and
personnel available to an owner or operator,
Federal, State, and local agencies, and tribal
governments, to ensure an effective and
immediate removal of a discharge, and to ensure
mitigation or prevention of a substantial
threat of a discharge;
(v) compile a list of local scientists, both
inside and outside Federal Government service,
with expertise in the environmental effects of
spills of the types of oil typically
transported in the area, who may be contacted
to provide information or, where appropriate,
participate in meetings of the scientific
support team convened in response to a spill,
and describe the procedures to be followed for
obtaining an expedited decision regarding the
use of dispersants;
(vi) describe in detail how the plan is
integrated into other Area Contingency Plans
and vessel, offshore facility, and onshore
facility response plans approved under this
subsection, and into operating procedures of
the National Response Unit;
(vii) include a framework for advance
planning and decisionmaking with respect to the
closing and reopening of fishing areas
following a discharge, including protocols and
standards for the closing and reopening of
fishing areas;
(viii) include any other information the
President requires; and
(ix) be updated periodically by the Area
Committee.
(D) The President shall--
(i) review and approve Area Contingency Plans
under this paragraph; and
(ii) periodically review Area Contingency
Plans so approved.
(5) Tank vessel, nontank vessel, and facility
response plans.--(A)(i) The President shall issue
regulations which require an owner or operator of a
tank vessel or facility described in subparagraph (C)
to prepare and submit to the President a plan for
responding, to the maximum extent practicable, to a
worst case discharge, and to a substantial threat of
such a discharge, of oil or a hazardous substance.
(ii) The President shall also issue regulations which
require an owner or operator of a nontank vessel to
prepare and submit to the President a plan for
responding, to the maximum extent practicable, to a
worst case discharge, and to a substantial threat of
such a discharge, of oil.
(B) The Secretary of the Department in which the
Coast Guard is operating may issue regulations which
require an owner or operator of a tank vessel, a
nontank vessel, or a facility described in subparagraph
(C) that transfers noxious liquid substances in bulk to
or from a vessel to prepare and submit to the Secretary
a plan for responding, to the maximum extent
practicable, to a worst case discharge, and to a
substantial threat of such a discharge, of a noxious
liquid substance that is not designated as a hazardous
substance or regulated as oil in any other law or
regulation. For purposes of this paragraph, the term
``noxious liquid substance'' has the same meaning when
that term is used in the MARPOL Protocol described in
section 2(a)(3) of the Act to Prevent Pollution from
Ships (33 U.S.C. 1901(a)(3)).
(C) The tank vessels, nontank vessels, and facilities
referred to in subparagraphs (A) and (B) are the
following:
(i) A tank vessel, as defined under section
2101 of title 46, United States Code.
(ii) A nontank vessel.
(iii) An offshore facility.
(iv) An onshore facility that, because of its
location, could reasonably be expected to cause
substantial harm to the environment by
discharging into or on the navigable waters,
adjoining shorelines, or the exclusive economic
zone.
(D) A response plan required under this paragraph
shall--
(i) be consistent with the requirements of
the National Contingency Plan and Area
Contingency Plans;
(ii) identify the qualified individual having
full authority to implement removal actions,
and require immediate communications between
that individual and the appropriate Federal
official and the persons providing personnel
and equipment pursuant to clause (iii);
(iii) identify, and ensure by contract or
other means approved by the President the
availability of, private personnel and
equipment necessary to remove to the maximum
extent practicable a worst case discharge
(including a discharge resulting from fire or
explosion), and to mitigate or prevent a
substantial threat of such a discharge;
(iv) describe the training, equipment
testing, periodic unannounced drills, and
response actions of persons on the vessel or at
the facility, to be carried out under the plan
to ensure the safety of the vessel or facility
and to mitigate or prevent the discharge, or
the substantial threat of a discharge;
(v) be updated periodically; and
(vi) be resubmitted for approval of each
significant change.
(E) With respect to any response plan submitted under
this paragraph for an onshore facility that, because of
its location, could reasonably be expected to cause
significant and substantial harm to the environment by
discharging into or on the navigable waters or
adjoining shorelines or the exclusive economic zone,
and with respect to each response plan submitted under
this paragraph for a tank vessel, nontank vessel, or
offshore facility, the President shall--
(i) promptly review such response plan;
(ii) require amendments to any plan that does
not meet the requirements of this paragraph;
(iii) approve any plan that meets the
requirements of this paragraph;
(iv) review each plan periodically
thereafter; and
(v) in the case of a plan for a nontank
vessel, consider any applicable State-mandated
response plan in effect on the date of the
enactment of the Coast Guard and Maritime
Transportation Act of 2004 and ensure
consistency to the extent practicable.
(F) A tank vessel, nontank vessel, offshore facility,
or onshore facility required to prepare a response plan
under this subsection may not handle, store, or
transport oil unless--
(i) in the case of a tank vessel, nontank
vessel, offshore facility, or onshore facility
for which a response plan is reviewed by the
President under subparagraph (E), the plan has
been approved by the President; and
(ii) the vessel or facility is operating in
compliance with the plan.
(G) Notwithstanding subparagraph (E), the President
may authorize a tank vessel, nontank vessel, offshore
facility, or onshore facility to operate without a
response plan approved under this paragraph, until not
later than 2 years after the date of the submission to
the President of a plan for the tank vessel, nontank
vessel, or facility, if the owner or operator certifies
that the owner or operator has ensured by contract or
other means approved by the President the availability
of private personnel and equipment necessary to
respond, to the maximum extent practicable, to a worst
case discharge or a substantial threat of such a
discharge.
(H) The owner or operator of a tank vessel, nontank
vessel, offshore facility, or onshore facility may not
claim as a defense to liability under title I of the
Oil Pollution Act of 1990 that the owner or operator
was acting in accordance with an approved response
plan.
(I) The Secretary shall maintain, in the Vessel
Identification System established under chapter 125 of
title 46, United States Code, the dates of approval and
review of a response plan under this paragraph for each
tank vessel and nontank vessel that is a vessel of the
United States.
(J)(i) Except as provided in clause (iv), 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 Coast Guard Sector
Anchorage, a response plan required under this
paragraph with respect to a discharge of oil for the
vessel shall comply with the planning criteria
established under clause (ii), which planning criteria
shall, with respect to a discharge of oil from the
vessel, supercede the national planning criteria and
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 Coast Guard Sector Anchorage,
including planning criteria for the following:
(I) Mechanical 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) Dedicated vessels for oil spill
response that are capable of operating in the
ocean environment and required to be located
within such area.
(IV) 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) provides vessel routing measures
consistent with international routing
measure deviation protocols;
(cc) maintains real-time continuous
vessel tracking, monitoring, and
engagement protocols with the ability
to detect and address vessel operation
anomalies;
(dd) has the capability to manage
wildlife protection and rehabilitation;
(ee) controls oil spill response
resources of dedicated and nondedicated
resource providers 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
(ff) has pre-positioned all of its
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.
(V) Temporary storage capability using both
dedicated and non-dedicated assets located
within such area.
(VI) 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.
(VII) With respect to tank barges carrying
non-persistent oil in bulk as cargo to be
delivered to communities within such area, oil
spill response resources that is required to be
carried on board.
(VIII) Ensuring that oil spill response
resources otherwise required to be included in
a response plan for purposes of compliance with
salvage and marine firefighting requirements
are not used to meet the requirements of this
subparagraph.
(IX) Specifying a minimum length of time that
approval of a response plan under this
subparagraph is valid.
(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) vessels operating within the area of
responsibility of the Coast Guard sector
responsible for Anchorage, Alaska, with primary
operations occurring within Cook Inlet, Alaska;
or
(II) the requirements applicable to tank
vessels subject to section 5005 of the Oil
Pollution Act of 1990 (33 U.S.C. 2735).
(6) Equipment requirements and inspection.--The
President may require--
(A) periodic inspection of containment booms,
skimmers, vessels, and other major equipment
used to remove discharges; and
(B) vessels operating on navigable waters and
carrying oil or a hazardous substance in bulk
as cargo, and nontank vessels carrying oil of
any kind as fuel for main propulsion, to carry
appropriate removal equipment that employs the
best technology economically feasible and that
is compatible with the safe operation of the
vessel.
(7) Area drills.--The President shall periodically
conduct drills of removal capability, without prior
notice, in areas for which Area Contingency Plans are
required under this subsection and under relevant tank
vessel, nontank vessel, and facility response plans.
The drills may include participation by Federal, State,
and local agencies, the owners and operators of vessels
and facilities in the area, and private industry. The
President may publish annual reports on these drills,
including assessments of the effectiveness of the plans
and a list of amendments made to improve plans.
(8) United states government not liable.--The United
States Government is not liable for any damages arising
from its actions or omissions relating to any response
plan required by this section.
(l) The President is authorized to delegate the
administration of this section to the heads of those Federal
departments, agencies, and instrumentalities which he
determines to be appropriate. Each such department, agency, and
instrumentality, in order to avoid duplication of effort,
shall, whenever appropriate, utilize the personnel, services,
and facilities of other Federal departments, agencies, and
instrumentalities.
(m) Administrative Provisions.--
(1) For vessels.--Anyone authorized by the President
to enforce the provisions of this section with respect
to any vessel may, except as to public vessels--
(A) board and inspect any vessel upon the
navigable waters of the United States or the
waters of the contiguous zone,
(B) with or without a warrant, arrest any
person who in the presence or view of the
authorized person violates the provisions of
this section or any regulation issued
thereunder, and
(C) execute any warrant or other process
issued by an officer or court of competent
jurisdiction.
(2) For facilities.--
(A) Recordkeeping.--Whenever required to
carry out the purposes of this section, the
Administrator, the Secretary of Transportation,
or the Secretary of the Department in which the
Coast Guard is operating shall require the
owner or operator of a facility to which this
section applies to establish and maintain such
records, make such reports, install, use, and
maintain such monitoring equipment and methods,
and provide such other information as the
Administrator, the Secretary of Transportation,
or Secretary, as the case may be, may require
to carry out the objectives of this section.
(B) Entry and inspection.--Whenever required
to carry out the purposes of this section, the
Administrator, the Secretary of Transportation,
or the Secretary of the Department in which the
Coast Guard is operating or an authorized
representative of the Administrator, the
Secretary of Transportation, or Secretary, upon
presentation of appropriate credentials, may--
(i) enter and inspect any facility to
which this section applies, including
any facility at which any records are
required to be maintained under
subparagraph (A); and
(ii) at reasonable times, have access
to and copy any records, take samples,
and inspect any monitoring equipment or
methods required under subparagraph
(A).
(C) Arrests and execution of warrants.--
Anyone authorized by the Administrator or the
Secretary of the department in which the Coast
Guard is operating to enforce the provisions of
this section with respect to any facility may--
(i) with or without a warrant, arrest
any person who violates the provisions
of this section or any regulation
issued thereunder in the presence or
view of the person so authorized; and
(ii) execute any warrant or process
issued by an officer or court of
competent jurisdiction.
(D) Public access.--Any records, reports, or
information obtained under this paragraph shall
be subject to the same public access and
disclosure requirements which are applicable to
records, reports, and information obtained
pursuant to section 308.
(n) The several district courts of the United States are
invested with jurisdiction for any actions, other than actions
pursuant to subsection (i)(1), arising under this section. In
the case of Guam and the Trust Territory of the Pacific
Islands, such actions may be brought in the district court of
Guam, and in the case of the Virgin Islands such actions may be
brought in the district court of the Virgin Islands. In the
case of American Samoa and the Trust Territory of the Pacific
Islands, such actions may be brought in the District Court of
the United States for the District of Hawaii and such court
shall have jurisdiction of such actions. In the case of the
Canal Zone, such actions may be brought in the United States
District Court for the District of the Canal Zone.
(o)(1) Nothing in this section shall affect or modify in any
way the obligations of any owner or operator of any vessel, or
of any owner or operator of any onshore facility or offshore
facility to any person or agency under any provision of law for
damages to any publicly owned or privately owned property
resulting from a discharge of any oil or hazardous substance or
from the removal of any such oil or hazardous substance.
(2) Nothing in this section shall be construed as preempting
any State or political subdivision thereof from imposing any
requirement or liability with respect to the discharge of oil
or hazardous substance into any waters within such State, or
with respect to any removal activities related to such
discharge.
(3) Nothing in this section shall be construed as affecting
or modifying any other existing authority of any Federal
department, agency, or instrumentality, relative to onshore or
offshore facilities under this Act or any other provision of
law, or to affect any State or local law not in conflict with
this section.
(q) The President is authorized to establish, with respect to
any class or category of onshore or offshore facilities, a
maximum limit of liability under subsections (f)(2) and (3) of
this section of less than $50,000,000, but not less than,
$8,000,000.
(r) Nothing in this section shall be construed to impose, or
authorize the imposition of, any limitation on liability under
the Outer Continental Shelf Lands Act or the Deepwater Port Act
of 1974.
(s) The Oil Spill Liability Trust Fund established under
section 9509 of the Internal Revenue Code of 1986 (26 U.S.C.
9509) shall be available to carry out subsections (b), (c),
(d), (j), and (l) as those subsections apply to discharges, and
substantial threats of discharges, of oil. Any amounts received
by the United States under this section shall be deposited in
the Oil Spill Liability Trust Fund except as provided in
subsection (t).
(t) Gulf Coast Restoration and Recovery.--
(1) State allocation and expenditures.--
(A) In general.--Of the total amounts made
available in any fiscal year from the Trust
Fund, 35 percent shall be available, in
accordance with the requirements of this
section, to the Gulf Coast States in equal
shares for expenditure for ecological and
economic restoration of the Gulf Coast region
in accordance with this subsection.
(B) Use of funds.--
(i) Eligible activities in the gulf
coast region.--Subject to clause (iii),
amounts provided to the Gulf Coast
States under this subsection may only
be used to carry out 1 or more of the
following activities in the Gulf Coast
region:
(I) Restoration and
protection of the natural
resources, ecosystems,
fisheries, marine and wildlife
habitats, beaches, and coastal
wetlands of the Gulf Coast
region.
(II) Mitigation of damage to
fish, wildlife, and natural
resources.
(III) Implementation of a
federally approved marine,
coastal, or comprehensive
conservation management plan,
including fisheries monitoring.
(IV) Workforce development
and job creation.
(V) Improvements to or on
State parks located in coastal
areas affected by the Deepwater
Horizon oil spill.
(VI) Infrastructure projects
benefitting the economy or
ecological resources, including
port infrastructure.
(VII) Coastal flood
protection and related
infrastructure.
(VIII) Planning assistance.
(IX) Administrative costs of
complying with this subsection.
(ii) Activities to promote tourism
and seafood in the gulf coast region.--
Amounts provided to the Gulf Coast
States under this subsection may be
used to carry out 1 or more of the
following activities:
(I) Promotion of tourism in
the Gulf Coast Region,
including recreational fishing.
(II) Promotion of the
consumption of seafood
harvested from the Gulf Coast
Region.
(iii) Limitation.--
(I) In general.--Of the
amounts received by a Gulf
Coast State under this
subsection, not more than 3
percent may be used for
administrative costs eligible
under clause (i)(IX).
(II) Claims for
compensation.--Activities
funded under this subsection
may not be included in any
claim for compensation paid out
by the Oil Spill Liability
Trust Fund after the date of
enactment of this subsection.
(C) Coastal political subdivisions.--
(i) Distribution.--In the case of a
State where the coastal zone includes
the entire State--
(I) 75 percent of funding
shall be provided directly to
the 8 disproportionately
affected counties impacted by
the Deepwater Horizon oil
spill; and
(II) 25 percent shall be
provided directly to
nondisproportionately impacted
counties within the State.
(ii) Nondisproportionately impacted
counties.--The total amounts made
available to coastal political
subdivisions in the State of Florida
under clause (i)(II) shall be
distributed according to the following
weighted formula:
(I) 34 percent based on the
weighted average of the
population of the county.
(II) 33 percent based on the
weighted average of the county
per capita sales tax
collections estimated for
fiscal year 2012.
(III) 33 percent based on the
inverse proportion of the
weighted average distance from
the Deepwater Horizon oil rig
to each of the nearest and
farthest points of the
shoreline.
(D) Louisiana.--
(i) In general.--Of the total amounts
made available to the State of
Louisiana under this paragraph:
(I) 70 percent shall be
provided directly to the State
in accordance with this
subsection.
(II) 30 percent shall be
provided directly to parishes
in the coastal zone (as defined
in section 304 of the Coastal
Zone Management Act of 1972 (16
U.S.C. 1453)) of the State of
Louisiana according to the
following weighted formula:
(aa) 40 percent based
on the weighted average
of miles of the parish
shoreline oiled.
(bb) 40 percent based
on the weighted average
of the population of
the parish.
(cc) 20 percent based
on the weighted average
of the land mass of the
parish.
(ii) Conditions.--
(I) Land use plan.--As a
condition of receiving amounts
allocated under this paragraph,
the chief executive of the
eligible parish shall certify
to the Governor of the State
that the parish has completed a
comprehensive land use plan.
(II) Other conditions.--A
coastal political subdivision
receiving funding under this
paragraph shall meet all of the
conditions in subparagraph (E).
(E) Conditions.--As a condition of receiving
amounts from the Trust Fund, a Gulf Coast
State, including the entities described in
subparagraph (F), or a coastal political
subdivision shall--
(i) agree to meet such conditions,
including audit requirements, as the
Secretary of the Treasury determines
necessary to ensure that amounts
disbursed from the Trust Fund will be
used in accordance with this
subsection;
(ii) certify in such form and in such
manner as the Secretary of the Treasury
determines necessary that the project
or program for which the Gulf Coast
State or coastal political subdivision
is requesting amounts--
(I) is designed to restore
and protect the natural
resources, ecosystems,
fisheries, marine and wildlife
habitats, beaches, coastal
wetlands, or economy of the
Gulf Coast;
(II) carries out 1 or more of
the activities described in
clauses (i) and (ii) of
subparagraph (B);
(III) was selected based on
meaningful input from the
public, including broad-based
participation from individuals,
businesses, and nonprofit
organizations; and
(IV) in the case of a natural
resource protection or
restoration project, is based
on the best available science;
(iii) certify that the project or
program and the awarding of a contract
for the expenditure of amounts received
under this paragraph are consistent
with the standard procurement rules and
regulations governing a comparable
project or program in that State,
including all applicable competitive
bidding and audit requirements; and
(iv) develop and submit a multiyear
implementation plan for the use of such
amounts, which may include milestones,
projected completion of each activity,
and a mechanism to evaluate the success
of each activity in helping to restore
and protect the Gulf Coast region
impacted by the Deepwater Horizon oil
spill.
(F) Approval by state entity, task force, or
agency.--The following Gulf Coast State
entities, task forces, or agencies shall carry
out the duties of a Gulf Coast State pursuant
to this paragraph:
(i) Alabama.--
(I) In general.--In the State
of Alabama, the Alabama Gulf
Coast Recovery Council, which
shall be comprised of only the
following:
(aa) The Governor of
Alabama, who shall also
serve as Chairperson
and preside over the
meetings of the Alabama
Gulf Coast Recovery
Council.
(bb) The Director of
the Alabama State Port
Authority, who shall
also serve as Vice
Chairperson and preside
over the meetings of
the Alabama Gulf Coast
Recovery Council in the
absence of the
Chairperson.
(cc) The Chairman of
the Baldwin County
Commission.
(dd) The President of
the Mobile County
Commission.
(ee) The Mayor of the
city of Bayou La Batre.
(ff) The Mayor of the
town of Dauphin Island.
(gg) The Mayor of the
city of Fairhope.
(hh) The Mayor of the
city of Gulf Shores.
(ii) The Mayor of the
city of Mobile.
(jj) The Mayor of the
city of Orange Beach.
(II) Vote.--Each member of
the Alabama Gulf Coast Recovery
Council shall be entitled to 1
vote.
(III) Majority vote.--All
decisions of the Alabama Gulf
Coast Recovery Council shall be
made by majority vote.
(IV) Limitation on
administrative expenses.--
Administrative duties for the
Alabama Gulf Coast Recovery
Council may only be performed
by public officials and
employees that are subject to
the ethics laws of the State of
Alabama.
(ii) Louisiana.--In the State of
Louisiana, the Coastal Protection and
Restoration Authority of Louisiana.
(iii) Mississippi.--In the State of
Mississippi, the Mississippi Department
of Environmental Quality.
(iv) Texas.--In the State of Texas,
the Office of the Governor or an
appointee of the Office of the
Governor.
(G) Compliance with eligible activities.--If
the Secretary of the Treasury determines that
an expenditure by a Gulf Coast State or coastal
political subdivision of amounts made available
under this subsection does not meet one of the
activities described in clauses (i) and (ii) of
subparagraph (B), the Secretary shall make no
additional amounts from the Trust Fund
available to that Gulf Coast State or coastal
political subdivision until such time as an
amount equal to the amount expended for the
unauthorized use--
(i) has been deposited by the Gulf
Coast State or coastal political
subdivision in the Trust Fund; or
(ii) has been authorized by the
Secretary of the Treasury for
expenditure by the Gulf Coast State or
coastal political subdivision for a
project or program that meets the
requirements of this subsection.
(H) Compliance with conditions.--If the
Secretary of the Treasury determines that a
Gulf Coast State or coastal political
subdivision does not meet the requirements of
this paragraph, including the conditions of
subparagraph (E), where applicable, the
Secretary of the Treasury shall make no amounts
from the Trust Fund available to that Gulf
Coast State or coastal political subdivision
until all conditions of this paragraph are met.
(I) Public input.--In meeting any condition
of this paragraph, a Gulf Coast State may use
an appropriate procedure for public
consultation in that Gulf Coast State,
including consulting with one or more
established task forces or other entities, to
develop recommendations for proposed projects
and programs that would restore and protect the
natural resources, ecosystems, fisheries,
marine and wildlife habitats, beaches, coastal
wetlands, and economy of the Gulf Coast.
(J) Previously approved projects and
programs.--A Gulf Coast State or coastal
political subdivision shall be considered to
have met the conditions of subparagraph (E) for
a specific project or program if, before the
date of enactment of the Resources and
Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the
Gulf Coast States Act of 2012--
(i) the Gulf Coast State or coastal
political subdivision has established
conditions for carrying out projects
and programs that are substantively the
same as the conditions described in
subparagraph (E); and
(ii) the applicable project or
program carries out 1 or more of the
activities described in clauses (i) and
(ii) of subparagraph (B).
(K) Local preference.--In awarding contracts
to carry out a project or program under this
paragraph, a Gulf Coast State or coastal
political subdivision may give a preference to
individuals and companies that reside in, are
headquartered in, or are principally engaged in
business in the State of project execution.
(L) Unused funds.--Funds allocated to a State
or coastal political subdivision under this
paragraph shall remain in the Trust Fund until
such time as the State or coastal political
subdivision develops and submits a plan
identifying uses for those funds in accordance
with subparagraph (E)(iv).
(M) Judicial review.--If the Secretary of the
Treasury determines that a Gulf Coast State or
coastal political subdivision does not meet the
requirements of this paragraph, including the
conditions of subparagraph (E), the Gulf Coast
State or coastal political subdivision may
obtain expedited judicial review within 90 days
after that decision in a district court of the
United States, of appropriate jurisdiction and
venue, that is located within the State seeking
the review.
(N) Cost-sharing.--
(i) In general.--A Gulf Coast State
or coastal political subdivision may
use, in whole or in part, amounts made
available under this paragraph to that
Gulf Coast State or coastal political
subdivision to satisfy the non-Federal
share of the cost of any project or
program authorized by Federal law that
is an eligible activity described in
clauses (i) and (ii) of subparagraph
(B).
(ii) Effect on other funds.--The use
of funds made available from the Trust
Fund to satisfy the non-Federal share
of the cost of a project or program
that meets the requirements of clause
(i) shall not affect the priority in
which other Federal funds are allocated
or awarded.
(2) Council establishment and allocation.--
(A) In general.--Of the total amount made
available in any fiscal year from the Trust
Fund, 30 percent shall be disbursed to the
Council to carry out the Comprehensive Plan.
(B) Council expenditures.--
(i) In general.--In accordance with
this paragraph, the Council shall
expend funds made available from the
Trust Fund to undertake projects and
programs, using the best available
science, that would restore and protect
the natural resources, ecosystems,
fisheries, marine and wildlife
habitats, beaches, coastal wetlands,
and economy of the Gulf Coast.
(ii) Allocation and expenditure
procedures.--The Secretary of the
Treasury shall develop such conditions,
including audit requirements, as the
Secretary of the Treasury determines
necessary to ensure that amounts
disbursed from the Trust Fund to the
Council to implement the Comprehensive
Plan will be used in accordance with
this paragraph.
(iii) Administrative expenses.--Of
the amounts received by the Council
under this paragraph, not more than 3
percent may be used for administrative
expenses, including staff.
(C) Gulf coast ecosystem restoration
council.--
(i) Establishment.--There is
established as an independent entity in
the Federal Government a council to be
known as the ``Gulf Coast Ecosystem
Restoration Council''.
(ii) Membership.--The Council shall
consist of the following members, or in
the case of a Federal agency, a
designee at the level of the Assistant
Secretary or the equivalent:
(I) The Secretary of the
Interior.
(II) The Secretary of the
Army.
(III) The Secretary of
Commerce.
(IV) The Administrator of the
Environmental Protection
Agency.
(V) The Secretary of
Agriculture.
(VI) The head of the
department in which the Coast
Guard is operating.
(VII) The Governor of the
State of Alabama.
(VIII) The Governor of the
State of Florida.
(IX) The Governor of the
State of Louisiana.
(X) The Governor of the State
of Mississippi.
(XI) The Governor of the
State of Texas.
(iii) Alternate.--A Governor
appointed to the Council by the
President may designate an alternate to
represent the Governor on the Council
and vote on behalf of the Governor.
(iv) Chairperson.--From among the
Federal agency members of the Council,
the representatives of States on the
Council shall select, and the President
shall appoint, 1 Federal member to
serve as Chairperson of the Council.
(v) Presidential appointment.--All
Council members shall be appointed by
the President.
(vi) Council actions.--
(I) In general.--The
following actions by the
Council shall require the
affirmative vote of the
Chairperson and a majority of
the State members to be
effective:
(aa) Approval of a
Comprehensive Plan and
future revisions to a
Comprehensive Plan.
(bb) Approval of
State plans pursuant to
paragraph (3)(B)(iv).
(cc) Approval of
reports to Congress
pursuant to clause
(vii)(VII).
(dd) Approval of
transfers pursuant to
subparagraph
(E)(ii)(I).
(ee) Other
significant actions
determined by the
Council.
(II) Quorum.--A majority of
State members shall be required
to be present for the Council
to take any significant action.
(III) Affirmative vote
requirement considered met.--
For approval of State plans
pursuant to paragraph
(3)(B)(iv), the certification
by a State member of the
Council that the plan satisfies
all requirements of clauses (i)
and (ii) of paragraph (3)(B),
when joined by an affirmative
vote of the Federal Chairperson
of the Council, shall be
considered to satisfy the
requirements for affirmative
votes under subclause (I).
(IV) Public transparency.--
Appropriate actions of the
Council, including significant
actions and associated
deliberations, shall be made
available to the public via
electronic means prior to any
vote.
(vii) Duties of council.--The Council
shall--
(I) develop the Comprehensive
Plan and future revisions to
the Comprehensive Plan;
(II) identify as soon as
practicable the projects that--
(aa) have been
authorized prior to the
date of enactment of
this subsection but not
yet commenced; and
(bb) if implemented
quickly, would restore
and protect the natural
resources, ecosystems,
fisheries, marine and
wildlife habitats,
beaches, barrier
islands, dunes, and
coastal wetlands of the
Gulf Coast region;
(III) establish such other 1
or more advisory committees as
may be necessary to assist the
Council, including a scientific
advisory committee and a
committee to advise the Council
on public policy issues;
(IV) collect and consider
scientific and other research
associated with restoration of
the Gulf Coast ecosystem,
including research,
observation, and monitoring
carried out pursuant to
sections 1604 and 1605 of the
Resources and Ecosystems
Sustainability, Tourist
Opportunities, and Revived
Economies of the Gulf Coast
States Act of 2012;
(V) develop standard terms to
include in contracts for
projects and programs awarded
pursuant to the Comprehensive
Plan that provide a preference
to individuals and companies
that reside in, are
headquartered in, or are
principally engaged in business
in a Gulf Coast State;
(VI) prepare an integrated
financial plan and
recommendations for coordinated
budget requests for the amounts
proposed to be expended by the
Federal agencies represented on
the Council for projects and
programs in the Gulf Coast
States; and
(VII) submit to Congress an
annual report that--
(aa) summarizes the
policies, strategies,
plans, and activities
for addressing the
restoration and
protection of the Gulf
Coast region;
(bb) describes the
projects and programs
being implemented to
restore and protect the
Gulf Coast region,
including--
(AA) a list
of each project
and program;
(BB) an
identification
of the funding
provided to
projects and
programs
identified in
subitem (AA);
(CC) an
identification
of each
recipient for
funding
identified in
subitem (BB);
and
(DD) a
description of
the length of
time and
funding needed
to complete the
objectives of
each project
and program
identified in
subitem (AA);
(cc) makes such
recommendations to
Congress for
modifications of
existing laws as the
Council determines
necessary to implement
the Comprehensive Plan;
(dd) reports on the
progress on
implementation of each
project or program--
(AA) after 3
years of
ongoing
activity of the
project or
program, if
applicable; and
(BB) on
completion of
the project or
program;
(ee) includes the
information required to
be submitted under
section 1605(c)(4) of
the Resources and
Ecosystems
Sustainability, Tourist
Opportunities, and
Revived Economies of
the Gulf Coast States
Act of 2012; and
(ff) submits the
reports required under
item (dd) to--
(AA) the
Committee on
Science, Space,
and Technology,
the Committee
on Natural
Resources, the
Committee on
Transportation
and
Infrastructure,
and the
Committee on
Appropriations
of the House of
Representatives;
and
(BB) the
Committee on
Environment and
Public Works,
the Committee
on Commerce,
Science, and
Transportation,
the Committee
on Energy and
Natural
Resources, and
the Committee
on
Appropriations
of the Senate.
(viii) Application of federal
advisory committee act.--The Council,
or any other advisory committee
established under this subparagraph,
shall not be considered an advisory
committee under the Federal Advisory
Committee Act (5 U.S.C. App.).
(ix) Sunset.--The authority for the
Council, and any other advisory
committee established under this
subparagraph, shall terminate on the
date all funds in the Trust Fund have
been expended.
(D) Comprehensive plan.--
(i) Proposed plan.--
(I) In general.--Not later
than 180 days after the date of
enactment of the Resources and
Ecosystems Sustainability,
Tourist Opportunities, and
Revived Economies of the Gulf
Coast States Act of 2012, the
Chairperson, on behalf of the
Council and after appropriate
public input, review, and
comment, shall publish a
proposed plan to restore and
protect the natural resources,
ecosystems, fisheries, marine
and wildlife habitats, beaches,
and coastal wetlands of the
Gulf Coast region.
(II) Inclusions.--The
proposed plan described in
subclause (I) shall include and
incorporate the findings and
information prepared by the
President's Gulf Coast
Restoration Task Force.
(ii) Publication.--
(I) Initial plan.--Not later
than 1 year after the date of
enactment of the Resources and
Ecosystems Sustainability,
Tourist Opportunities, and
Revived Economies of the Gulf
Coast States Act of 2012 and
after notice and opportunity
for public comment, the
Chairperson, on behalf of the
Council and after approval by
the Council, shall publish in
the Federal Register the
initial Comprehensive Plan to
restore and protect the natural
resources, ecosystems,
fisheries, marine and wildlife
habitats, beaches, and coastal
wetlands of the Gulf Coast
region.
(II) Cooperation with gulf
coast restoration task force.--
The Council shall develop the
initial Comprehensive Plan in
close coordination with the
President's Gulf Coast
Restoration Task Force.
(III) Considerations.--In
developing the initial
Comprehensive Plan and
subsequent updates, the Council
shall consider all relevant
findings, reports, or research
prepared or funded under
section 1604 or 1605 of the
Resources and Ecosystems
Sustainability, Tourist
Opportunities, and Revived
Economies of the Gulf Coast
States Act of 2012.
(IV) Contents.--The initial
Comprehensive Plan shall
include--
(aa) such provisions
as are necessary to
fully incorporate in
the Comprehensive Plan
the strategy, projects,
and programs
recommended by the
President's Gulf Coast
Restoration Task Force;
(bb) a list of any
project or program
authorized prior to the
date of enactment of
this subsection but not
yet commenced, the
completion of which
would further the
purposes and goals of
this subsection and of
the Resources and
Ecosystems
Sustainability, Tourist
Opportunities, and
Revived Economies of
the Gulf Coast States
Act of 2012;
(cc) a description of
the manner in which
amounts from the Trust
Fund projected to be
made available to the
Council for the
succeeding 10 years
will be allocated; and
(dd) subject to
available funding in
accordance with clause
(iii), a prioritized
list of specific
projects and programs
to be funded and
carried out during the
3-year period
immediately following
the date of publication
of the initial
Comprehensive Plan,
including a table that
illustrates the
distribution of
projects and programs
by the Gulf Coast
State.
(V) Plan updates.--The
Council shall update--
(aa) the
Comprehensive Plan
every 5 years in a
manner comparable to
the manner established
in this subparagraph
for each 5-year period
for which amounts are
expected to be made
available to the Gulf
Coast States from the
Trust Fund; and
(bb) the 3-year list
of projects and
programs described in
subclause (IV)(dd)
annually.
(iii) Restoration priorities.--Except
for projects and programs described in
clause (ii)(IV)(bb), in selecting
projects and programs to include on the
3-year list described in clause
(ii)(IV)(dd), based on the best
available science, the Council shall
give highest priority to projects that
address 1 or more of the following
criteria:
(I) Projects that are
projected to make the greatest
contribution to restoring and
protecting the natural
resources, ecosystems,
fisheries, marine and wildlife
habitats, beaches, and coastal
wetlands of the Gulf Coast
region, without regard to
geographic location within the
Gulf Coast region.
(II) Large-scale projects and
programs that are projected to
substantially contribute to
restoring and protecting the
natural resources, ecosystems,
fisheries, marine and wildlife
habitats, beaches, and coastal
wetlands of the Gulf Coast
ecosystem.
(III) Projects contained in
existing Gulf Coast State
comprehensive plans for the
restoration and protection of
natural resources, ecosystems,
fisheries, marine and wildlife
habitats, beaches, and coastal
wetlands of the Gulf Coast
region.
(IV) Projects that restore
long-term resiliency of the
natural resources, ecosystems,
fisheries, marine and wildlife
habitats, beaches, and coastal
wetlands most impacted by the
Deepwater Horizon oil spill.
(E) Implementation.--
(i) In general.--The Council, acting
through the Federal agencies
represented on the Council and Gulf
Coast States, shall expend funds made
available from the Trust Fund to carry
out projects and programs adopted in
the Comprehensive Plan.
(ii) Administrative responsibility.--
(I) In general.--Primary
authority and responsibility
for each project and program
included in the Comprehensive
Plan shall be assigned by the
Council to a Gulf Coast State
represented on the Council or a
Federal agency.
(II) Transfer of amounts.--
Amounts necessary to carry out
each project or program
included in the Comprehensive
Plan shall be transferred by
the Secretary of the Treasury
from the Trust Fund to that
Federal agency or Gulf Coast
State as the project or program
is implemented, subject to such
conditions as the Secretary of
the Treasury, in consultation
with the Secretary of the
Interior and the Secretary of
Commerce, established pursuant
to section 1602 of the
Resources and Ecosystems
Sustainability, Tourist
Opportunities, and Revived
Economies of the Gulf Coast
States Act of 2012.
(III) Limitation on
transfers.--
(aa) Grants to
nongovernmental
entities.--In the case
of funds transferred to
a Federal or State
agency under subclause
(II), the agency shall
not make 1 or more
grants or cooperative
agreements to a
nongovernmental entity
if the total amount
provided to the entity
would equal or exceed
10 percent of the total
amount provided to the
agency for that
particular project or
program, unless the 1
or more grants have
been reported in
accordance with item
(bb).
(bb) Reporting of
grantees.--At least 30
days prior to making a
grant or entering into
a cooperative agreement
described in item (aa),
the name of each
grantee, including the
amount and purpose of
each grant or
cooperative agreement,
shall be published in
the Federal Register
and delivered to the
congressional
committees listed in
subparagraph
(C)(vii)(VII)(ff).
(cc) Annual reporting
of grantees.--Annually,
the name of each
grantee, including the
amount and purposes of
each grant or
cooperative agreement,
shall be published in
the Federal Register
and delivered to
Congress as part of the
report submitted
pursuant to
subparagraph
(C)(vii)(VII).
(IV) Project and program
limitation.--The Council, a
Federal agency, or a State may
not carry out a project or
program funded under this
paragraph outside of the Gulf
Coast region.
(F) Coordination.--The Council and the
Federal members of the Council may develop
memoranda of understanding establishing
integrated funding and implementation plans
among the member agencies and authorities.
(3) Oil spill restoration impact allocation.--
(A) In general.--
(i) Disbursement.--Of the total
amount made available from the Trust
Fund, 30 percent shall be disbursed
pursuant to the formula in clause (ii)
to the Gulf Coast States on the
approval of the plan described in
subparagraph (B)(i).
(ii) Formula.--Subject to
subparagraph (B), for each Gulf Coast
State, the amount disbursed under this
paragraph shall be based on a formula
established by the Council by
regulation that is based on a weighted
average of the following criteria:
(I) 40 percent based on the
proportionate number of miles
of shoreline in each Gulf Coast
State that experienced oiling
on or before April 10, 2011,
compared to the total number of
miles of shoreline that
experienced oiling as a result
of the Deepwater Horizon oil
spill.
(II) 40 percent based on the
inverse proportion of the
average distance from the
mobile offshore drilling unit
Deepwater Horizon at the time
of the explosion to the nearest
and farthest point of the
shoreline that experienced
oiling of each Gulf Coast
State.
(III) 20 percent based on the
average population in the 2010
decennial census of coastal
counties bordering the Gulf of
Mexico within each Gulf Coast
State.
(iii) Minimum allocation.--The amount
disbursed to a Gulf Coast State for
each fiscal year under clause (ii)
shall be at least 5 percent of the
total amounts made available under this
paragraph.
(B) Disbursement of funds.--
(i) In general.--The Council shall
disburse amounts to the respective Gulf
Coast States in accordance with the
formula developed under subparagraph
(A) for projects, programs, and
activities that will improve the
ecosystems or economy of the Gulf Coast
region, subject to the condition that
each Gulf Coast State submits a plan
for the expenditure of amounts
disbursed under this paragraph that
meets the following criteria:
(I) All projects, programs,
and activities included in the
plan are eligible activities
pursuant to clauses (i) and
(ii) of paragraph (1)(B).
(II) The projects, programs,
and activities included in the
plan contribute to the overall
economic and ecological
recovery of the Gulf Coast.
(III) The plan takes into
consideration the Comprehensive
Plan and is consistent with the
goals and objectives of the
Plan, as described in paragraph
(2)(B)(i).
(ii) Funding.--
(I) In general.--Except as
provided in subclause (II), the
plan described in clause (i)
may use not more than 25
percent of the funding made
available for infrastructure
projects eligible under
subclauses (VI) and (VII) of
paragraph (1)(B)(i).
(II) Exception.--The plan
described in clause (i) may
propose to use more than 25
percent of the funding made
available for infrastructure
projects eligible under
subclauses (VI) and (VII) of
paragraph (1)(B)(i) if the plan
certifies that--
(aa) ecosystem
restoration needs in
the State will be
addressed by the
projects in the
proposed plan; and
(bb) additional
investment in
infrastructure is
required to mitigate
the impacts of the
Deepwater Horizon Oil
Spill to the ecosystem
or economy.
(iii) Development.--The plan
described in clause (i) shall be
developed by--
(I) in the State of Alabama,
the Alabama Gulf Coast Recovery
Council established under
paragraph (1)(F)(i);
(II) in the State of Florida,
a consortia of local political
subdivisions that includes at a
minimum 1 representative of
each affected county;
(III) in the State of
Louisiana, the Coastal
Protection and Restoration
Authority of Louisiana;
(IV) in the State of
Mississippi, the Office of the
Governor or an appointee of the
Office of the Governor; and
(V) in the State of Texas,
the Office of the Governor or
an appointee of the Office of
the Governor.
(iv) Approval.--Not later than 60
days after the date on which a plan is
submitted under clause (i), the Council
shall approve or disapprove the plan
based on the conditions of clause (i).
(C) Disapproval.--If the Council disapproves
a plan pursuant to subparagraph (B)(iv), the
Council shall--
(i) provide the reasons for
disapproval in writing; and
(ii) consult with the State to
address any identified deficiencies
with the State plan.
(D) Failure to submit adequate plan.--If a
State fails to submit an adequate plan under
this paragraph, any funds made available under
this paragraph shall remain in the Trust Fund
until such date as a plan is submitted and
approved pursuant to this paragraph.
(E) Judicial review.--If the Council fails to
approve or take action within 60 days on a
plan, as described in subparagraph (B)(iv), the
State may obtain expedited judicial review
within 90 days of that decision in a district
court of the United States, of appropriate
jurisdiction and venue, that is located within
the State seeking the review.
(F) Cost-sharing.--
(i) In general.--A Gulf Coast State
or coastal political subdivision may
use, in whole or in part, amounts made
available to that Gulf Coast State or
coastal political subdivision under
this paragraph to satisfy the non-
Federal share of any project or program
that--
(I) is authorized by other
Federal law; and
(II) is an eligible activity
described in clause (i) or (ii)
of paragraph (1)(B).
(ii) Effect on other funds.--The use
of funds made available from the Trust
Fund under this paragraph to satisfy
the non-Federal share of the cost of a
project or program described in clause
(i) shall not affect the priority in
which other Federal funds are allocated
or awarded.
(4) Authorization of interest transfers.--Of the
total amount made available for any fiscal year from
the Trust Fund that is equal to the interest earned by
the Trust Fund and proceeds from investments made by
the Trust Fund in the preceding fiscal year--
(A) 50 percent shall be divided equally
between--
(i) the Gulf Coast Ecosystem
Restoration Science, Observation,
Monitoring, and Technology program
authorized in section 1604 of the
Resources and Ecosystems
Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast
States Act of 2012; and
(ii) the centers of excellence
research grants authorized in section
1605 of that Act; and
(B) 50 percent shall be made available to the
Gulf Coast Ecosystem Restoration Council to
carry out the Comprehensive Plan pursuant to
paragraph (2).
* * * * * * *
----------
NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND CONTROL ACT OF 1990
TITLE I--AQUATIC NUISANCE PREVENTION AND CONTROL
Subtitle A--General Provisions
* * * * * * *
SEC. 1002. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the discharge of untreated water in the ballast
tanks of vessels and through other means results in
unintentional introductions of nonindigenous species to
fresh, brackish, and saltwater environments;
(2) when environmental conditions are favorable,
nonindigenous species become established, may compete
with or prey upon native species of plants, fish, and
wildlife, may carry diseases or parasites that affect
native species, and may disrupt the aquatic environment
and economy of affected nearshore areas;
(3) the zebra mussel was unintentionally introduced
into the Great Lakes and has infested--
(A) waters south of the Great Lakes, into a
good portion of the Mississippi River drainage;
(B) waters west of the Great Lakes, into the
Arkansas River in Oklahoma; and
(C) waters east of the Great Lakes, into the
Hudson River and Lake Champlain;
(4) the potential economic disruption to communities
affected by the zebra mussel due to its colonization of
water pipes, boat hulls and other hard surfaces has
been estimated at $5,000,000,000 by the year 2000, and
the potential disruption to the diversity and abundance
of native fish and other species by the zebra mussel
and ruffe, round goby, and other nonindigenous species
could be severe;
(5) the zebra mussel was discovered on Lake Champlain
during 1993 and the opportunity exists to act quickly
to establish zebra mussel controls before Lake
Champlain is further infested and management costs
escalate;
(6) in 1992, the zebra mussel was discovered at the
northernmost reaches of the Chesapeake Bay watershed;
(7) the zebra mussel poses an imminent risk of
invasion in the main waters of the Chesapeake Bay;
(8) since the Chesapeake Bay is the largest recipient
of foreign ballast water on the East Coast, there is a
risk of further invasions of other nonindigenous
species;
(9) the zebra mussel is only one example of thousands
of nonindigenous species that have become established
in waters of the United States and may be causing
economic and ecological degradation with respect to the
natural resources of waters of the United States;
(10) since their introduction in the early 1980's in
ballast water discharges, ruffe--
(A) have caused severe declines in
populations of other species of fish in Duluth
Harbor (in Minnesota and Wisconsin);
(B) have spread to Lake Huron; and
(C) are likely to spread quickly to most
other waters in North America if action is not
taken promptly to control their spread;
(11) examples of nonindigenous species that, as of
the date of enactment of the National Invasive Species
Act of 1996, infest coastal waters of the United States
and that have the potential for causing adverse
economic and ecological effects include--
(A) the mitten crab (Eriocher sinensis) that
has become established on the Pacific Coast;
(B) the green crab (Carcinus maenas) that has
become established in the coastal waters of the
Atlantic Ocean;
(C) the brown mussel (Perna perna) that has
become established along the Gulf of Mexico;
and
(D) certain shellfish pathogens;
(12) many aquatic nuisance vegetation species, such
as Eurasian watermilfoil, hydrilla, water hyacinth, and
water chestnut, have been introduced to waters of the
United States from other parts of the world causing or
having a potential to cause adverse environmental,
ecological, and economic effects;
(13) if preventive management measures are not taken
nationwide to prevent and control unintentionally
introduced nonindigenous aquatic species in a timely
manner, further introductions and infestations of
species that are as destructive as, or more destructive
than, the zebra mussel or the ruffe infestations may
occur;
(14) once introduced into waters of the United
States, aquatic nuisance species are unintentionally
transported and introduced into inland lakes and rivers
by recreational boaters, commercial barge traffic, and
a variety of other pathways; and
(15) resolving the problems associated with aquatic
nuisance species will require the participation and
cooperation of the Federal Government and State
governments, and investment in the development of
prevention technologies.
(b) Purposes.--The purposes of this Act are--
(1) to prevent unintentional introduction and
dispersal of nonindigenous species into waters of the
United States through ballast water management and
other requirements;
(2) to coordinate federally conducted, funded, or
authorized research, prevention control, information
dissemination and other activities regarding the zebra
mussel and other aquatic nuisance species;
(3) to develop and carry out environmentally sound
control methods to prevent, monitor and control
unintentional introductions of nonindigenous species
from pathways other than ballast water exchange;
(4) to understand and minimize economic and
ecological impacts of nonindigenous aquatic nuisance
species that become established, including the zebra
mussel; and
(5) to establish a program of research and technology
development and assistance to States in the management
and removal of zebra mussels.
SEC. 1003. DEFINITIONS.
As used in this Act, the term--
(1) ``aquatic nuisance species'' means a
nonindigenous species that threatens the diversity or
abundance of native species or the ecological stability
of infested waters, or commercial, agricultural,
aquacultural or recreational activities dependent on
such waters;
(2) ``Assistant Secretary'' means the Assistant
Secretary of the Army (Civil Works);
(3) ``ballast water'' means any water and associated
sediments used to manipulate the trim and stability of
a vessel;
(4) ``Director'' means the Director of the United
States Fish and Wildlife Service;
(5) ``exclusive economic zone'' means the Exclusive
Economic Zone of the United States established by
Proclamation Number 5030, dated March 10, 1983, and the
equivalent zone of Canada;
(6) ``environmentally sound'' methods, efforts,
actions or programs means methods, efforts, actions or
programs to prevent introductions or control
infestations of aquatic nuisance species that minimize
adverse impacts to the structure and function of an
ecosystem and adverse effects on non-target organisms
and ecosystems and emphasize integrated pest management
techniques and nonchemical measures;
(7) ``Great Lakes'' means Lake Ontario, Lake Erie,
Lake Huron (including Lake St. Clair), Lake Michigan,
Lake Superior, and the connecting channels (Saint
Mary's River, Saint Clair River, Detroit River, Niagara
River, and Saint Lawrence River to the [Canandian]
Canadian Border), and includes all other bodies of
water within the drainage basin of such lakes and
connecting channels.
(8) ``Great Lakes region'' means the 8 States that
border on the Great Lakes;
(9) ``Indian tribe'' means any Indian tribe, band,
nation, or other organized group or community,
including any Alaska Native village or regional
corporation (as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.)) that is recognized as eligible for the
special programs and services provided by the United
States to Indians because of their status as Indians;
(10) ``interstate organization'' means an entity--
(A) established by--
(i) an interstate compact that is
approved by Congress;
(ii) a Federal statute; or
(iii) a treaty or other international
agreement with respect to which the
United States is a party; and
(B)(i) that represents 2 or more--
(I) States or political subdivisions
thereof; or
(II) Indian tribes; or
(ii) that represents--
(I) 1 or more States or political
subdivisions thereof; and
(II) 1 or more Indian tribes; or
(iii) that represents the Federal Government
and 1 or more foreign governments; and
(C) has jurisdiction over, serves as forum
for coordinating, or otherwise has a role or
responsibility for the management of, any land
or other natural resource;
(11) ``nonindigenous species'' means any species or
other viable biological material that enters an
ecosystem beyond its historic range, including any such
organism transferred from one country into another;
(12) ``Secretary'' means the Secretary of the
department in which the Coast Guard is operating;
(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);
[(13)] (15) ``Task Force'' means the Aquatic Nuisance
Species Task Force established under section 1201 of
this Act;
[(14)] (16) ``territorial sea'' means the belt of the
sea measured from the baseline of the United States
determined in accordance with international law, as set
forth in Presidential Proclamation Number 5928, dated
December 27, 1988;
[(15)] (17) ``Under Secretary'' means the Under
Secretary of Commerce for Oceans and Atmosphere;
[(16)] (18) ``waters of the United States'' means the
navigable waters and the territorial sea of the United
States; and
[(17)] (19) ``unintentional introduction'' means an
introduction of nonindigenous species that occurs as
the result of activities other than the purposeful or
intentional introduction of the species involved, such
as the transport of nonindigenous species in ballast or
in water used to transport fish, mollusks or
crustaceans for aquaculture or other purposes.
* * * * * * *
Subtitle C--Prevention and Control of Aquatic Nuisance Species
Dispersal
SEC. 1201. ESTABLISHMENT OF TASK FORCE.
(a) Task Force.--There is hereby established an ``Aquatic
Nuisance Species Task Force''.
(b) Membership.--Membership of the Task Force shall consist
of--
(1) the Director;
(2) the Under Secretary;
(3) the Administrator of the Environmental Protection
Agency;
(4) the Commandant of the United States Coast Guard;
(5) the Assistant Secretary;
(6) the Secretary of Agriculture; [and]
(7) the Director of the National Park Service;
(8) the Director of the Bureau of Land Management;
(9) the Commissioner of Reclamation; and
[(7)] (10) the head of any other Federal agency that
the chairpersons designated under subsection (d) deem
appropriate.
(c) Ex Officio Members.--The chairpersons designated under
subsection (d) shall invite representatives of the Great Lakes
Commission, the Lake Champlain Basin Program, the Chesapeake
Bay Program, the San Francisco Bay-Delta Estuary Program,and
State agencies and other governmental entities to participate
as ex officio members of the Task Force.
(d) Chairpersons.--The Director and the Under Secretary shall
serve as co-chairpersons of the Task Force and shall be jointly
responsible, and are authorized to undertake such activities as
may be necessary, for carrying out this subtitle in
consultation and cooperation with the other members of the Task
Force.
(e) Memorandum of Understanding.--Within six months of the
date of enactment of this Act, the Director and the Under
Secretary shall develop a memorandum of understanding that
describes the role of each in jointly carrying out this
subtitle.
(f) Coordination.--Each Task Force member shall coordinate
any action to carry out this subtitle with any such action by
other members of the Task Force, and regional, State and local
entities.
(g) Observers.--The chairpersons designated under subsection
(d) may invite representatives of nongovernmental entities to
participate as observers of the Task Force.
SEC. 1202. AQUATIC NUISANCE SPECIES PROGRAM.
(a) In General.--The Task Force shall develop and implement a
program for waters of the United States to prevent introduction
and dispersal of aquatic nuisance species; to monitor, control
and study such species; and to disseminate related information.
(b) Content.--The program developed under subsection (a)
shall--
(1) identify the goals, priorities, and approaches
for aquatic nuisance species prevention, monitoring,
control, education and research to be conducted or
funded by the Federal Government;
(2) describe the specific prevention, monitoring,
control, education and research activities to be
conducted by each Task Force member;
(3) coordinate aquatic nuisance species programs and
activities of Task Force members and affected State
agencies;
(4) describe the role of each Task Force member in
implementing the elements of the program as set forth
in this subtitle;
(5) include recommendations for funding to implement
elements of the program; and
(6) develop a demonstration program of prevention,
monitoring, control, education and research for the
zebra mussel, to be implemented in the Great Lakes and
any other waters infested, or likely to become infested
in the near future, by the zebra mussel.
(c) Prevention.--
(1) In general.--The Task Force shall establish and
implement measures, within the program developed under
subsection (a), to minimize the risk of introduction of
aquatic nuisance species to waters of the United
States, including--
(A) identification of pathways by which
aquatic organisms are introduced to waters of
the United States;
(B) assessment of the risk that an aquatic
organism carried by an identified pathway may
become an aquatic nuisance species; and
(C) evaluation of whether measures to prevent
introductions of aquatic nuisance species are
effective and environmentally sound.
(2) Implementation.--Whenever the Task Force
determines that there is a substantial risk of
unintentional introduction of an aquatic nuisance
species by an identified pathway and that the adverse
consequences of such an introduction are likely to be
substantial, the Task Force shall, acting through the
appropriate Federal agency, and after an opportunity
for public comment, carry out cooperative,
environmentally sound efforts with regional, State and
local entities to minimize the risk of such an
introduction.
(d) Monitoring.--The Task Force shall establish and implement
monitoring measures, within the program developed under
subsection (a), to--
(1) detect unintentional introductions of aquatic
nuisance species;
(2) determine the dispersal of aquatic nuisance
species after introduction; and
(3) provide for the early detection and prevention of
infestations of aquatic nuisance species in unaffected
drainage basins.
(e) Control.--
(1) In general.--The Task Force may develop
cooperative efforts, within the program established
under subsection (a), to control established aquatic
nuisance species to minimize the risk of harm to the
environment and the public health and welfare. For
purposes of this Act, control efforts include
eradication of infestations, reductions of populations,
development of means of adapting human activities and
public facilities to accommodate infestations, and
prevention of the spread of aquatic nuisance species
from infested areas. Such control efforts shall be
developed in consultation with affected Federal
agencies, States, Indian Tribes, local governments,
interjurisdictional organizations, and other
appropriate entities. Control actions authorized by
this section shall be based on the best available
scientific information and shall be conducted in an
environmentally sound manner.
(2) Decisions.--The Task Force or any other affected
agency or entity may recommend that the Task Force
initiate a control effort. In determining whether a
control program is warranted, the Task Force shall
evaluate the need for control (including the projected
consequences of no control and less than full control);
the technical and biological feasibility and cost-
effectiveness of alternative control strategies and
actions; whether the benefits of control, including
costs avoided, exceed the costs of the program; the
risk of harm to non-target organisms and ecosystems,
public health and welfare; and such other
considerations the Task Force determines appropriate.
The Task Force shall also determine the nature and
extent of control of target aquatic nuisance species
that is feasible and desirable.
(3) Programs.--If the Task Force determines in
accordance with paragraph (2) that control of an
aquatic nuisance species is warranted, the Task Force
shall develop a proposed control program to achieve the
target level of control. A notice summarizing the
proposed action and soliciting comments shall be
published in the Federal Register, in major newspapers
in the region affected, and in principal trade
publications of the industries affected. Within 180
days of proposing a control program, and after
consultation with affected governmental and other
appropriate entities and taking into consideration
other comments received, the Task Force shall complete
development of the proposed control program.
(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.
(f) Research.--
(1) Priorities.--The Task Force shall, within the
program developed under subsection (a), conduct
research concerning--
(A) the environmental and economic risks and
impacts associated with the introduction of
aquatic nuisance species into the waters of the
United States;
(B) the principal pathways by which aquatic
nuisance species are introduced and dispersed;
(C) possible methods for the prevention,
monitoring and control of aquatic nuisance
species; and
(D) the assessment of the effectiveness of
prevention, monitoring and control methods.
(2) Protocol.--Within 90 days of the date of
enactment of this Act, the Task Force shall establish
and follow a protocol to ensure that research
activities carried out under this subtitle do not
result in the introduction of aquatic nuisance species
to waters of the United States.
(3) Grants for research.--The Task Force shall
allocate funds authorized under this Act for
competitive research grants to study all aspects of
aquatic nuisance species, which shall be administered
through the National Sea Grant College Program and the
Cooperative Fishery and Wildlife Research Units. Grants
shall be conditioned to ensure that any recipient of
funds follows the protocol established under paragraph
(2) of this subsection.
(g) Technical Assistance.--The Task Force shall, within the
program developed under subsection (a), provide technical
assistance to State and local governments and persons to
minimize the environmental, public health, and safety risks
associated with aquatic nuisance species, including an early
warning system for advance notice of possible infestations and
appropriate responses.
(h) Education.--The Task Force shall, with the program
developed under subsection (a), establish and implement
educational programs through Sea Grant Marine Advisory Services
and any other available resources that it determines to be
appropriate to inform the general public, State governments,
governments of political subdivisions of States, and industrial
and recreational users of aquatic resources in connection with
matters concerning the identification of aquatic nuisance
species, and control methods for such species, including the
prevention of the further distribution of such species.
(i) Zebra Mussel Demonstration Program.--
(1) Zebra mussel.--
(A) In general.--The Task Force shall, within
the program developed under subsection (a),
undertake a program of prevention, monitoring,
control, education and research for the zebra
mussel to be implemented in the Great Lakes and
any other waters of the United States infested
or likely to become infested by the zebra
mussel, including--
(i) research and development
concerning the species life history,
environmental tolerances and impacts on
fisheries and other ecosystem
components, and the efficacy of control
mechanisms and means of avoiding or
minimizing impacts;
(ii) tracking the dispersal of the
species and establishment of an early
warning system to alert likely areas of
future infestations;
(iii) development of control plans in
coordination with regional, State and
local entities; and
(iv) provision of technical
assistance to regional, State and local
entities to carry out this section.
(B) Public facility research and develop-
ment.--The Assistant Secretary, in consultation
with the Task Force, shall develop a program of
research, technology development, and
demonstration for the environmentally sound
control of zebra mussels in and around public
facilities. The Assistant Secretary shall
collect and make available, through
publications and other appropriate means,
information pertaining to such control methods.
(C) Voluntary guidelines.--Not later than 1
year after the date of enactment of this
subparagraph, the Task Force shall develop and
submit to the Secretary voluntary guidelines
for controlling the spread of the zebra mussel
and, if appropriate, other aquatic nuisance
species through recreational activities,
including boating and fishing. Not later than 4
months after the date of such submission, and
after providing notice and an opportunity for
public comment, the Secretary shall issue
voluntary guidelines that are based on the
guidelines developed by the Task Force under
this subparagraph.
(2) Dispersal containment analysis.--
(A) Research.--The Administrator of the
Environmental Protection Agency, in cooperation
with the National Science Foundation and the
Task Force, shall provide research grants on a
competitive basis for projects that--
(i) identify environmentally sound
methods for controlling the dispersal
of aquatic nuisance species, such as
the zebra mussel; and
(ii) adhere to research protocols
developed pursuant to subsection
(f)(2).
(B) Authorization of appropriations.--There
are authorized to be appropriated to the
Environmental Protection Agency to carry out
this paragraph, $500,000.
(3) Dispersal barrier demonstration.--
(A) In general.--The Assistant Secretary, in
consultation with the Task Force, shall
investigate and identify environmentally sound
methods for preventing and reducing the
dispersal of aquatic nuisance species between
the Great Lakes-Saint Lawrence drainage and the
Mississippi River drainage through the Chicago
River Ship and Sanitary Canal, including any of
those methods that could be incorporated into
the operation or construction of the lock
system of the Chicago River Ship and Sanitary
Canal.
(B) Report.--Not later than 18 months after
the date of enactment of this paragraph, the
Assistant Secretary shall issue a report to the
Congress that includes recommendations
concerning--
(i) which of the methods that are
identified under the study conducted
under this paragraph are most promising
with respect to preventing and reducing
the dispersal of aquatic nuisance
species; and
(ii) ways to incorporate those
methods into ongoing operations of the
United States Army Corps of Engineers
that are conducted at the Chicago River
Ship and Sanitary Canal.
(C) Authorization of appropriations.--There
are authorized to be appropriated to the
Department of the Army such sums as are
necessary to carry out the dispersal barrier
demonstration project directed by this
paragraph.
(4) Contributions.--To the extent allowable by law,
in carrying out the studies under paragraphs (2) and
(3), the Administrator of the Environmental Protection
Agency and the Secretary of the Army may enter into an
agreement with an interested party under which that
party provides in kind or monetary contributions for
the study.
(5) Technical assistance.--The Great Lakes
Environmental Research Laboratory of the National
Oceanic and Atmospheric Administration shall provide
technical assistance to appropriate entities to assist
in the research conducted pursuant to this subsection.
(j) Implementation.--
(1) Regulations.--The Director, the Secretary, and
the Under Secretary may issue such rules and
regulations as may be necessary to implement this
section.
(2) Participation of others.--The Task Force shall
provide opportunities for affected Federal agencies
which are not part of the Task Force, State and local
government agencies, and regional and other entities
with the necessary expertise to participate in control
programs. If these other agencies or entities have
sufficient authority or jurisdiction and expertise and
where this will be more efficient or effective,
responsibility for implementing all or a portion of a
control program may be delegated to such agencies or
entities.
(k) Reports.--
(1) Not later than 12 months after the date of
enactment of this Act, the Task Force shall submit a
report describing the program developed under
subsection (a), including the research protocol
required under subsection (f)(2), to the Congress.
(2) On an annual basis after the submission of the
report under paragraph (1), the Task Force shall submit
a report to the Congress detailing progress in carrying
out this section.
(3) Not later than 90 days after the date of
enactment of the 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.
SEC. 1203. REGIONAL COORDINATION.
(a) Great Lakes Panel.--
(1) In general.--Not later than 30 days following the
date of enactment of this Act, the Task Force shall
request that the Great Lakes Commission (established
under Article IV of the Great Lakes Compact to which
the Congress granted consent in the Act of July 24,
1968, P.L. 90-419) convene a panel of Great Lakes
region representatives from Federal, State and local
agencies and from private environmental and commercial
interests to--
(A) identify priorities for the Great Lakes
region with respect to aquatic nuisance
species;
(B) make recommendations to the Task Force
regarding programs to carry out section 1202(i)
of this Act;
(C) assist the Task Force in coordinating
Federal aquatic nuisance species program
activities in the Great Lakes region;
(D) coordinate, where possible, aquatic
nuisance species program activities in the
Great Lakes region that are not conducted
pursuant to this Act;
(E) provide advice to public and private
individuals and entities concerning methods of
controlling aquatic nuisance species; and
(F) submit annually a report to the Task
Force describing activities within the Great
Lakes region related to aquatic nuisance
species prevention, research, and control.
(2) Consultation.--The Task Force shall request that
the Great Lakes Fishery Commission provide information
to the panel convened under this subsection on
technical and policy matters related to the
international fishery resources of the Great Lakes.
(3) Canadian participation.--The panel convened under
this subsection is [encourage] encouraged to invite
representatives from the Federal, provincial or
territorial governments of Canada to participate as
observers.
(b) Western Regional Panel.--Not later than 30 days after the
date of enactment of the National Invasive Species Act of 1996,
the Task Force shall request a Western regional panel,
comprised of Western region representatives from Federal,
State, and local agencies and from private environmental and
commercial interests, to--
(1) identify priorities for the Western region with
respect to aquatic nuisance species;
(2) make recommendations to the Task Force regarding
an education, monitoring (including inspection),
prevention, and control program to prevent the spread
of the zebra mussel west of the 100th Meridian pursuant
to section 1202(i) of this Act;
(3) coordinate, where possible, other aquatic
nuisance species program activities in the Western
region that are not conducted pursuant to this Act;
(4) develop an emergency response strategy for
Federal, State, and local entities for stemming new
invasions of aquatic nuisance species in the region;
(5) provide advice to public and private individuals
and entities concerning methods of preventing and
controlling aquatic nuisance species infestations; and
(6) submit annually a report to the Task Force
describing activities within the Western region related
to aquatic nuisance species prevention, research, and
control.
(c) Additional Regional Panels.--The Task Force shall--
(1) encourage the development and use of regional
panels and other similar entities in regions in
addition to the Great Lakes and Western regions
(including providing financial assistance for the
development and use of such entities) to carry out,
with respect to those regions, activities that are
similar to the activities described in subsections (a)
and (b); and
(2) cooperate with regional panels and similar
entities that carry out the activities described in
paragraph (1).
SEC. 1204. STATE AQUATIC NUISANCE SPECIES MANAGEMENT PLANS.
(a) State or Interstate Invasive Species Management Plans.--
(1) In general.--After providing notice and
opportunity for public comment, the Governor of each
State may prepare and submit, or the Governors of the
States and the governments of the Indian tribes
involved in an interstate organization, may jointly
prepare and submit--
(A) a comprehensive management plan to the
Task Force for approval which identifies those
areas or activities within the State or within
the interstate region involved, other than
those related to public facilities, for which
technical, enforcement, or financial assistance
(or any combination thereof) is needed to
eliminate or reduce the environmental, public
health, and safety risks associated with
aquatic nuisance species, particularly the
zebra mussel; and
(B) a public facility management plan to the
Assistant Secretary for approval which is
limited solely to identifying those public
facilities within the State or within the
interstate region involved for which technical
and financial assistance is needed to reduce
infestations of zebra mussels.
(2) Content.--Each plan shall, to the extent
possible, identify the management practices and
measures that will be undertaken to reduce infestations
of aquatic nuisance species. Each plan shall--
(A) identify and describe State and local
programs for environmentally sound prevention
and control of the target aquatic nuisance
species;
(B) identify Federal activities that may be
needed for environmentally sound prevention and
control of aquatic nuisance species and a
description of the manner in which those
activities should be coordinated with State and
local government activities;
(C) identify any authority that the State (or
any State or Indian tribe involved in the
interstate organization) does not have at the
time of the development of the plan that may be
necessary for the State (or any State or Indian
tribe involved in the interstate organization)
to protect public health, property, and the
environment from harm by aquatic nuisance
species; and
(D) a schedule of implementing the plan,
including a schedule of annual objectives, and
enabling legislation.
(3) Consultation.--
(A) In developing and implementing a
management plan, the State or interstate
organization should, to the maximum extent
practicable, involve local governments and
regional entities, Indian tribes, and public
and private organizations that have expertise
in the control of aquatic nuisance species.
(B) Upon the request of a State or the
appropriate official of an interstate
organization, the Task Force or the Assistant
Secretary, as appropriate under paragraph (1),
may provide technical assistance in developing
and implementing a management plan.
(4) Plan approval.--Within 90 days after the
submission of a management plan, the Task Force or the
Assistant Secretary in consultation with the Task
Force, as appropriate under paragraph (1), shall review
the proposed plan and approve it if it meets the
requirements of this subsection or return the plan to
the Governor or the interstate organization with
recommended modifications.
(b) Grant Program.--
(1) State grants.--The Director may, at the
recommendation of the Task Force, make grants to States
with management plans approved under subsection (a) for
the implementation of those plans.
(2) Application.--An application for a grant under
this subsection shall include an identification and
description of the best management practices and
measures which the State proposes to utilize in
implementing an approved management plan with any
Federal assistance to be provided under the grant.
(3) Federal share.--
(A) The Federal share of the cost of each
comprehensive management plan implemented with
Federal assistance under this section in any
fiscal year shall not exceed 75 percent of the
cost incurred by the State in implementing such
management program and the non-Federal share of
such costs shall be provided from non-Federal
sources.
(B) The Federal share of the cost of each
public facility management plan implemented
with Federal assistance under this section in
any fiscal year shall not exceed 50 percent of
the cost incurred by the State in implementing
such management program and the non-Federal
share of such costs shall be provided from non-
Federal sources.
(4) [Adminisrative] Administrative costs.--For the
purposes of this section, administrative costs for
activities and programs carried out with a grant in any
fiscal year shall not exceed 5 percent of the amount of
the grant in that year.
(5) In-kind contributions.--In addition to cash
outlays and payments, in-kind contributions of property
or personnel services by non-Federal interests for
activities under this section may be used for the non-
Federal share of the cost of those activities.
(c) Enforcement Assistance.--Upon request of a State or
Indian tribe, the Director or the Under Secretary, to the
extent allowable by law and in a manner consistent with section
141 of title 14, United States Code, may provide assistance to
a State or Indian tribe in enforcing an approved State or
interstate invasive species management plan.
* * * * * * *
SEC. 1209. BROWN TREE SNAKE CONTROL PROGRAM.
The Task Force shall, within the program developed under
[subsection (a)] section 1202(a), undertake a comprehensive,
environmentally sound program in coordination with regional,
territorial, State and local entities to control the brown tree
snake (Boiga irregularis) in Guam and other areas where the
species is established outside of its historic range.
* * * * * * *
----------
COAST GUARD AUTHORIZATION ACT OF 2016
* * * * * * *
TITLE V--CONVEYANCES
* * * * * * *
Subtitle C--Conveyance of Coast Guard Property at Point Spencer, Alaska
* * * * * * *
SEC. 541. PORT COORDINATION COUNCIL FOR POINT SPENCER.
(a) Establishment.--There is established a Port Coordination
Council for the Port of Point Spencer.
(b) Membership.--The Council shall consist of a
representative appointed by each of the following:
[(1) The State.
[(2) BSNC.]
(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.
(c) Duties.--The duties of the Council are as follows:
(1) To develop a Port Management Coordination Plan to
help coordinate infrastructure development and
operations at the Port of Point Spencer, that includes
plans for--
(A) construction;
(B) funding eligibility; and
[(C) land use planning and development; and
[(D) public interest use and access,
emergency preparedness, law enforcement,
protection of Alaska Native archaeological and
cultural resources, and other matters that are
necessary for public and private entities to
function in proximity together in a remote
location.]
(C) land use planning and development on the
Bering Sea, the Chukchi Sea, and the Arctic
Ocean, in support of--
(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;
and
(viii) port of refuge, arctic
research, and maritime law enforcement.
(2) Update the Plan annually for the first 5 years
after the date of the enactment of this Act and
biennially thereafter.
[(3) Facilitate coordination among BSNC, the State,
and the Coast Guard, on the development and use of the
land and coastline as such development relates to
activities at the Port of Point Spencer.]
(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.
(4) Assess the need, benefits, efficacy, and
desirability of establishing in the future a port
authority at Point Spencer under State law and act upon
that assessment, as appropriate, including taking steps
for the potential formation of such a port authority.
(d) Plan.--In addition to the requirements under subsection
(c)(1) to the greatest extent practicable, the Plan developed
by the Council shall facilitate and support the statutory
missions and duties of the Coast Guard and operations of the
Coast Guard in the Arctic.
(e) Costs.--[Operations and management costs]
(1) Determination of costs._Operations and management
costs for airstrips, runways, and taxiways at Point
Spencer shall be determined pursuant to provisions of
the Plan, as negotiated by the Council.
(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.
* * * * * * *
----------
ACT OF JUNE 21, 1940 (POPULARLY KNOWN AS THE TRUMAN-HOBBS ACT)
AN ACT To provide for the alteration of certain bridges over navigable
waters of the United States, for the apportionment of the cost of such
alterations between the United States and the owners of such bridges,
and for other purposes.
* * * * * * *
[Note: Section 603 of H.R. 6865 (as reported) provides to
retroactively restore section 12(a) of the Act of June 21,
1940, redesignate as section 12 of such Act, and amend such
section. Such section 12 (as so restored and amended) reads as
follows:]
Sec. 12. The first sentence of section 4 of the Act entitled
``An Act to regulate the construction of bridges over navigable
waters'', approved March 23, 1906 (U. S. C., 1934 edition,
title 33, sec. 494), and section 18 of the Act entitled ``An
Act making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors, and
for other purposes'', approved March 3, 1899 (U. S. C., 1934
edition, title 33, sec. 502), shall be inapplicable with
respect to any bridge to which the provisions of this Act are
applicable.
* * * * * * *
[all]