H.R. 6865 — what changed

“(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.”

added “(C) a ferry, as such term is defined in section 2101; and

added “(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.”

added “(C) a ferry, as such term is defined in section 2101; and

added “(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.”

removed Section 53706(a) of title 46, United States Code, is amended by adding at the end the following:

removed “(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—

removed “(A) required for the vessel to be a vessel of the United States;

removed “(B) required for the vessel to be issued a coastwise endorsement under chapter 121;

removed “(C) to convert a civilian vessel of the United States to a more useful military configuration;

removed “(D) for any vessel under contract to the Federal Government; or

removed “(E) for any vessel participating in—

removed “(i) the Maritime Security Program or the Emergency Preparedness Program under chapter 531;

removed “(ii) the Cable Security Fleet under chapter 532;

removed “(iii) the Tanker Security Fleet under chapter 534; or

removed “(iv) the National Defense Reserve Fleet under section 57100.”

added 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”.

removed “(C) a ferry, as such term is defined in section 2101; and

removed “(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.”

removed “(C) a ferry, as such term is defined in section 2101; and

removed “(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.”

changed Section 311(c)(3) of This title may be cited as the Federal Water Pollution Control “Ocean Shipping Reform Act (33 U.S.C. 1321(c)(3)) is amended by adding at the end the following:of 2022”.

removed “(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).

removed “(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.”

changed Notwithstanding section 9701 of title 31, United States Code, and section 2110 Section 40101 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—amended by striking paragraphs (2) through (4) and inserting the following:

added “(2) ensure an efficient and competitive transportation system for the common carriage of goods by water in the foreign commerce of the United States that is, as far as possible, in harmony with fair and equitable international shipping practices;

added “(3) encourage the development of a competitive and efficient liner fleet of vessels of the United States capable of meeting national security and commerce needs of the United States;

added “(4) support the growth and development of United States exports through a competitive and efficient system for the common carriage of goods by water in the foreign commerce of the United States and by placing a greater reliance on the marketplace; and

added “(5) promote reciprocal trade in the common carriage of goods by water in the foreign commerce of the United States.”

added Section 40502 of title 46, United States Code, is amended—

removed “70006. Anchorage grounds

removed “(a) Anchorage grounds

removed “(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.

removed “(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.

removed “(b) Vessel requirements—Vessels, of certain sizes or type determined by the Secretary, shall—

removed “(1) set and maintain an anchor alarm for the duration of an anchorage;

removed “(2) comply with any directions or orders issued by the Captain of the Port; and

removed “(3) comply with any applicable anchorage regulations.

removed “(c) Prohibitions—A vessel may not—

removed “(1) anchor in any Federal navigation channel unless authorized or directed to by the Captain of the Port;

removed “(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

removed “(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.

removed “(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.”

added “(9) any other essential terms or minimum contract requirements that the Federal Maritime Commission determines necessary or appropriate.”

added “(g) Service contract requirement—With respect to service contracts entered into under this section, a common carrier shall establish, observe, and enforce just and reasonable regulations and practices relating to essential terms and minimum contract requirements the Commission determines are necessary or appropriate under subsection (c)(9).”

added “40504. Shipping exchange registry

added “(a) In general—No person may operate a shipping exchange involving ocean transportation in the foreign commerce of the United States unless the shipping exchange is registered as a national shipping exchange under the terms and conditions provided in this section and the regulations issued pursuant to this section.

added “(b) Registration—A person shall register a shipping exchange by filing with the Federal Maritime Commission an application for registration in such form as the Commission, by rule, may prescribe containing the rules of the exchange and such other information and documents as the Commission, by rule, may prescribe as necessary or appropriate in the public interest.

added “(c) Exemption—The Commission may exempt, conditionally or unconditionally, a shipping exchange from registration and licensing under this section if the Commission finds that the shipping exchange is subject to comparable, comprehensive supervision and regulation by the appropriate governmental authorities in the home country of the shipping exchange.

added “(d) Regulations—In issuing regulations pursuant to subsection (a), the Commission shall set standards necessary to carry out subtitle IV for registered national shipping exchanges, including the minimum requirements for service contracts established under section 40502, and issue licenses for registered national shipping exchanges.

added “(e) Definition—In this subsection, the term shipping exchange means a platform, digital, over-the-counter or otherwise, which connects shippers with common carriers (both vessel-operating and non-vessel-operating) for the purpose of entering into underlying agreements or contracts for the transport of cargo, by vessel or other modes of transportation.”

removed “(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;

removed “(14) “recreational vessel” has the meaning given that term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362);”

removed “(g) Observers—The chairpersons designated under subsection (d) may invite representatives of nongovernmental entities to participate as observers of the Task Force.”

removed “(7) the Director of the National Park Service;

removed “(8) the Director of the Bureau of Land Management;

removed “(9) the Commissioner of Reclamation; and”

removed “(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—

removed “(A) effectively managing and controlling the movement of aquatic nuisance species into, within, or out of water of the United States; and

removed “(B) inspecting recreational vessels in a manner that minimizes disruptions to public access for boating and recreation in non-contaminated vessels.

removed “(5) Consultation—In carrying out paragraph (4), including the development of recommendations, the Task Force may consult with—

removed “(A) State fish and wildlife management agencies;

removed “(B) other State agencies that manage fishery resources of the State or sustain fishery habitat; and

removed “(C) relevant nongovernmental entities.”

removed “(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.”

added “41110. Data collection

added “(a) In general—Common carriers covered under this chapter shall submit to the Federal Maritime Commission a calendar quarterly report that describes the total import and export tonnage and the total loaded and empty 20-foot equivalent units per vessel (making port in the United States, including any territory or possession of the United States) operated by such common carrier.

added “(b) Prohibition on duplication—Data required to be reported under subsection (a) may not duplicate information—

added “(1) submitted to the Corps of Engineers pursuant to section 11 of the Act entitled “An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes”, approved September 22, 1922 (33 U.S.C. 555), by an ocean common carrier acting as a vessel operator; or

added “(2) submitted pursuant to section 481 of the Tariff Act of 1930 (19 U.S.C. 1481) to U.S. Customs and Border Protection by merchandise importers.”

removed “(b) Limitation on recovery by aquaculture workers

removed “(1) In general—For purposes of subsection (a), the term seaman does not include an individual who—

removed “(A) is an aquaculture worker if State workers’ compensation is available to such individual; and

removed “(B) was, at the time of injury, engaged in aquaculture in a place where such individual had lawful access.

removed “(2) Aquaculture worker defined—In this subsection, the term aquaculture worker means an individual who—

removed “(A) is employed by a commercial enterprise that is involved in the controlled cultivation and harvest of aquatic plants and animals, including—

removed “(i) the cleaning, processing, or canning of fish and fish products;

removed “(ii) the cultivation and harvesting of shellfish; and

removed “(iii) the controlled growing and harvesting of other aquatic species;

removed “(B) does not hold a license issued under section 7101(c); and

removed “(C) is not required to hold a merchant mariner credential under part F of subtitle II.”

removed “904. Information on type approval certificates

removed “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.”

added “(7) an identification of any anticompetitive or nonreciprocal trade practices by ocean common carriers;

added “(8) an analysis of any trade imbalance resulting from the business practices of ocean common carriers, including an analysis of the data collected under section 41110; and

added “(9) an identification of any otherwise concerning practices by ocean common carriers, particularly such carriers that are—

added “(A) State-owned or State-controlled enterprises; or

added “(B) owned or controlled by, is a subsidiary of, or is otherwise related legally or financially (other than a minority relationship or investment) to a corporation based in a country—

added “(i) identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of ( U.S.C. 1677(18))) as of the date of enactment of this paragraph;

added “(ii) identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign country under subsection (a)(2) of that section; or

added “(iii) subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).”

added “(d) Public disclosures—The Federal Maritime Commission shall publish, and annually update, on the website of the Commission—

added “(1) all findings by the Commission of false certifications by common carriers or marine terminal operators under section 41104(a)(15); and

added “(2) all penalties imposed or assessed against common carriers or marine terminal operators, as applicable, under sections 41107, 41108, and 41109, listed by each common carrier or marine terminal operator.”

removed Section 3507(k)(1) of title 46, United States Code, is amended—

removed “(B) has overnight accommodations for 250 or more passengers; and”

added Section 41102 of title 46, United States Code, is amended by adding by adding at the end the following:

added “(d) Prohibition on retaliation—A common carrier, marine terminal operator, or ocean transportation intermediary, either alone or in conjunction with any other person, directly or indirectly, may not retaliate against a shipper, a shipper’s agent, or a motor carrier by refusing, or threatening to refuse, cargo space accommodations when available, or resort to other unfair or unjustly discriminatory methods because the shipper has patronized another carrier, has filed a complaint, or for any other reason.

added “(e) Certification—A common carrier or marine terminal operator shall not charge any other person demurrage or detention charges under a tariff, marine terminal schedule, service contract, or any other contractual obligation unless accompanied by an accurate certification that such charges comply with all rules and regulations concerning demurrage or detention issued by the Commission. The certification requirement only applies to the entity that establishes the charge, and a common carrier or marine terminal operator that collects a charge on behalf of another common carrier or marine terminal operator is not responsible for providing the certification, except that an invoice from a common carrier or marine terminal operator collecting a charge on behalf of another must include a certification from the party that established the charge.”

added “(3) engage in practices that unreasonably reduce shipper accessibility to equipment necessary for the loading or unloading of cargo;”

added “(14) fail to furnish or cause a contractor to fail to furnish containers or other facilities and instrumentalities needed to perform transportation services, including allocation of vessel space accommodations, in consideration of reasonably foreseeable import and export demands; or

added “(15) unreasonably decline export cargo bookings if such cargo can be loaded safely and timely, as determined by the Commandant of the Coast Guard, and carried on a vessel scheduled for the immediate destination of such cargo.”

added “(d) Certification—Failure of a common carrier to include a certification under section 41102(e) alongside any demurrage or detention charge shall eliminate any obligation of the charged party to pay the applicable charge.

added “(e) Demurrage and detention practices and charges—Notwithstanding any other provision of law and not later than 30 days of the date of enactment of this subsection, a common carrier or marine terminal operator, shall—

added “(1) act in a manner consistent with any rules or regulations concerning demurrage or detention issued by the Commission;

added “(2) maintain all records supporting the assessment of any demurrage or detention charges for a period of 5 years and provide such records to the invoiced party or to the Commission on request; and

added “(3) bear the burden of establishing the reasonableness of any demurrage or detention charges which are the subject of any complaint proceeding challenging a common carrier or marine terminal operator demurrage or detention charges as unjust and unreasonable.

added “(f) Penalties for false or inaccurate certified demurrage or detention charges—In the event of a finding that the certification under section 41102(e) was inaccurate, or false after submission under section 41301, penalties under section 41107 shall be applied if the Commission determines, in a separate enforcement proceeding, such certification was inaccurate or false.”

removed Section 541 of the Coast Guard Authorization Act of 2016 (Public Law 114–120) is amended—

removed “(1) BSNC (to serve as Council Chair).

removed “(2) The Secretary of Homeland Security.

removed “(3) An Oil Spill Response Organization that serves the area in which such Port is located.”

removed “(C) land use planning and development on the Bering Sea, the Chukchi Sea, and the Arctic Ocean, in support of—

removed “(i) search and rescue;

removed “(ii) shipping safety;

removed “(iii) economic development;

removed “(iv) oil spill prevention and response;

removed “(v) national security;

removed “(vi) major marine casualties;

removed “(vii) protection of Alaska Native archaeological and cultural resources; and

removed “(viii) port of refuge, arctic research, and maritime law enforcement.”

removed “(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.”

removed “(1) Determination of costs—Operations and management costs”

removed “(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.”

removed “(J)

removed “(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.

removed “(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:

removed “(I) Mechanical oil spill response resources that are required to be located within such area.

removed “(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.

removed “(III) Dedicated vessels for oil spill response that are capable of operating in the ocean environment and required to be located within such area.

removed “(IV) Ensuring the availability of at least one oil spill removal organization that is classified by the Coast Guard and that—

removed “(aa) is capable of responding in all operating environments in such area;

removed “(bb) provides vessel routing measures consistent with international routing measure deviation protocols;

removed “(cc) maintains real-time continuous vessel tracking, monitoring, and engagement protocols with the ability to detect and address vessel operation anomalies;

removed “(dd) has the capability to manage wildlife protection and rehabilitation;

removed “(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

removed “(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.

removed “(V) Temporary storage capability using both dedicated and non-dedicated assets located within such area.

removed “(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.

removed “(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.

removed “(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.

removed “(IX) Specifying a minimum length of time that approval of a response plan under this subparagraph is valid.

removed “(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).

removed “(iv) Nothing in this subparagraph affects—

removed “(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

removed “(II) the requirements applicable to tank vessels subject to section 5005 of the Oil Pollution Act of 1990 (33 U.S.C. 2735).”

changed Requirements under sections 3507(d), 3507(e), 3508, and 3509 Section 41302 of title 46, United States Code, shall not apply to the passenger vessel American Queen (U.S. Coast Guard Official Number 1030765) is amended by striking “or agreement” and inserting “, agreement, fee, or any other passenger vessel—charge”.

changed The Commandant of the Coast Guard shall submit to Congress a report describing any changes Section 41307(b) 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).is amended—

added “(5) Third party intervention—The court may allow a third party to intervene in a civil action brought under this section.”

removed 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).

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

removed 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.

added Section 46101(b) of title 46, United States Code, is amended by—

removed “(3) technologies that quantifiably reduce underwater noise from marine vessels, including noise produced incidental to the propulsion of marine vessels.”

removed “54102. Assistance to reduce impacts of vessel strikes and noise on marine mammals

removed “(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—

removed “(1) impacts to marine mammals from vessels; and

removed “(2) underwater noise from vessels, including noise produced incidental to the propulsion of vessels.

removed “(b) Eligible use—Assistance under this section may be used to develop, assess, and carry out activities that reduce threats to marine mammals by—

removed “(1) reducing—

removed “(A) stressors related to vessel traffic; and

removed “(B) vessel strike mortality, and serious injury; or

removed “(2) monitoring—

removed “(A) sound; and

removed “(B) vessel interactions with marine mammals.

removed “(c) Priority—The Administrator shall prioritize assistance under this section for projects that—

removed “(1) is based on the best available science on methods to reduce threats related to vessels traffic;

removed “(2) collect data on the reduction of such threats;

removed “(3) reduce—

removed “(A) disturbances from vessel presence;

removed “(B) mortality risk; or

removed “(C) serious injury from vessel strikes; or

removed “(4) conduct risk assessments, or tracks progress toward threat reduction.

removed “(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:

removed “(1) The name and location of each entity receiving a grant under this section.

removed “(2) The amount of each such grant.

removed “(3) A description of the activities carried out with assistance provided under this section.

removed “(4) An estimate of the impact that a project carried out with such assistance has on the reduction of threats to marine mammals.

removed “(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.”

removed “507 Monitoring and Mitigation

removed “50701. Near real-time monitoring and mitigation program for large whales

removed “(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.

removed “(b) Purpose—The purpose of the Program will be to reduce the risk to large whales of vessel collisions and to minimize other impacts.

removed “(c) Requirements—In designing and deploying the Program, the Administrator shall—

removed “(1) prioritize species of large whales for which vessel collision impacts are of particular concern;

removed “(2) prioritize areas where such vessel impacts are of particular concern;

removed “(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;

removed “(4) inform sector-specific mitigation protocols to effectively reduce takes of large whales; and

removed “(5) integrate technology improvements as such improvements become available.

removed “(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.

removed “50702. Pilot project

removed “(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.

removed “(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—

removed “(1) core foraging habitats of North Atlantic right whales, including—

removed “(A) the South of the Islands core foraging habitat;

removed “(B) the Cape Cod Bay Area core foraging habitat;

removed “(C) the Great South Channel core foraging habitat; and

removed “(D) the Gulf of Maine; and

removed “(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.

removed “(c) Pilot project components

removed “(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—

removed “(A) comprises the best available detection and survey technologies to detect North Atlantic right whales within core foraging habitats;

removed “(B) uses dynamic habitat suitability models to inform the likelihood of North Atlantic right whale occurrence in core foraging habitat at any given time;

removed “(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;

removed “(D) integrates historical data;

removed “(E) integrates new near real-time monitoring methods and technologies as they become available;

removed “(F) accurately verifies and rapidly communicates detection data;

removed “(G) creates standards for allowing ocean users to contribute data to the monitoring system using comparable near real-time monitoring methods and technologies; and

removed “(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.

removed “(2) National security considerations—All monitoring methods, technologies, and protocols under this section shall be consistent with national security considerations and interests.

removed “(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.

removed “(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.

removed “(e) Reporting

removed “(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—

removed “(A) a description of the monitoring methods and technology in use or planned for deployment;

removed “(B) analyses of the efficacy of the methods and technology in use or planned for deployment for detecting North Atlantic right whales;

removed “(C) how the monitoring system is directly informing and improving North American right whale management, health, and survival;

removed “(D) a prioritized identification of technology or research gaps;

removed “(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

removed “(F) additional information, as appropriate.

removed “(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—

removed “(A) an assessment of the benefits and efficacy of the near real-time monitoring and mitigation program;

removed “(B) a strategic plan to expand the pilot program to provide near real-time monitoring and mitigation measures;

removed “(i) to additional large whale species of concern for which such measures would reduce risk of serious injury or death; and

removed “(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;

removed “(C) a prioritized plan for acquisition, deployment, and maintenance of monitoring technologies;

removed “(D) the locations or species for which the plan would apply; and

removed “(E) a budget and description of funds necessary to carry out the strategic plan.

removed “(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.

removed “(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.

removed “(h) Definitions—In this section and section 50701:

removed “(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.

removed “(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.

removed “(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.

removed “(4) Large whale—The term “large whale” means all Mysticeti species and species within the genera Physeter and Orcinus.”

added 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:

added “(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).

added “(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.”

removed “(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.

removed “(46) “sexual harassment” means—

removed “(A) conduct that—

removed “(i) involves unwelcome sexual advances, requests for sexual favors, or deliberate or repeated offensive comments or gestures of a sexual nature if any—

removed “(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;

removed “(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;

removed “(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

removed “(IV) conduct may have been by an individual’s supervisor, a supervisor in another area, a co-worker, or another credentialed mariner; and

removed “(ii) is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive;

removed “(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

removed “(C) any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature by any fellow employee of the complainant.”

changed “7511. Convicted sex offender as grounds for denial“70006. Anchorage grounds

changed “(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.Anchorage grounds

changed “(b) Abusive sexual contact—A license, certificate “(1) Establishment—The Secretary 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 department in which the Coast Guard is operating shall define and establish anchorage grounds in the navigable waters of title 18, or a substantially similar State, local, or Tribal offense.”the United States for vessels operating in such waters.

added “(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.

added “(b) Vessel requirements—Vessels, of certain sizes or type determined by the Secretary, shall—

added “(1) set and maintain an anchor alarm for the duration of an anchorage;

added “(2) comply with any directions or orders issued by the Captain of the Port; and

added “(3) comply with any applicable anchorage regulations.

added “(c) Prohibitions—A vessel may not—

added “(1) anchor in any Federal navigation channel unless authorized or directed to by the Captain of the Port;

added “(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

added “(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.

added “(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.”

added “(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;

added “(14) “recreational vessel” has the meaning given that term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362);”

removed “7704a. Sexual harassment or sexual assault as grounds for suspension or revocation

removed “(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.

removed “(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.

removed “(c) Official finding

removed “(1) In general—In this section, the term “official finding” means—

removed “(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

removed “(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.

removed “(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:

removed “(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.

removed “(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.

removed “(3) Administrative Law Judge review

removed “(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).

removed “(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.”

added “(g) Observers—The chairpersons designated under subsection (d) may invite representatives of nongovernmental entities to participate as observers of the Task Force.”

added “(7) the Director of the National Park Service;

added “(8) the Director of the Bureau of Land Management;

added “(9) the Commissioner of Reclamation; and”

added “(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—

added “(A) effectively managing and controlling the movement of aquatic nuisance species into, within, or out of water of the United States; and

added “(B) inspecting recreational vessels in a manner that minimizes disruptions to public access for boating and recreation in non-contaminated vessels.

added “(5) Consultation—In carrying out paragraph (4), including the development of recommendations, the Task Force may consult with—

added “(A) State fish and wildlife management agencies;

added “(B) other State agencies that manage fishery resources of the State or sustain fishery habitat; and

added “(C) relevant nongovernmental entities.”

added “(3) Not later than 90 days after the date of enactment of the Don Young Coast Guard Authorization Act of 2022, the Task Force shall submit a report to Congress recommending legislative, programmatic, or regulatory changes to eliminate remaining gaps in authorities between members of the Task Force to effectively manage and control the movement of aquatic nuisance species.”

added “(b) Limitation on recovery by aquaculture workers

added “(1) In general—For purposes of subsection (a), the term seaman does not include an individual who—

added “(A) is an aquaculture worker if State workers’ compensation is available to such individual; and

added “(B) was, at the time of injury, engaged in aquaculture in a place where such individual had lawful access.

added “(2) Aquaculture worker defined—In this subsection, the term aquaculture worker means an individual who—

added “(A) is employed by a commercial enterprise that is involved in the controlled cultivation and harvest of aquatic plants and animals, including—

added “(i) the cleaning, processing, or canning of fish and fish products;

added “(ii) the cultivation and harvesting of shellfish; and

added “(iii) the controlled growing and harvesting of other aquatic species;

added “(B) does not hold a license issued under section 7101(c); and

added “(C) is not required to hold a merchant mariner credential under part F of subtitle II.”

removed Section 11101 of title 46, United States Code, is amended—

removed “(5) each crew berthing area shall be equipped with information regarding—

removed “(A) vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol usage; and

removed “(B) procedures and resources to report crimes, including sexual assault and sexual harassment, including information—

removed “(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;

removed “(ii) on vessel owner or company procedures to report violations of company policy and access resources;

removed “(iii) on resources provided by outside organizations such as sexual assault hotlines and counseling;

removed “(iv) on the retention period for surveillance video recording after an incident of sexual harassment or sexual assault is reported; and

removed “(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.”

added “904. Information on type approval certificates

added “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.”

removed Section 2114(a)(1) of title 46, United States Code, is amended—

removed “(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;”

added Section 3507(k)(1) of title 46, United States Code, is amended—

added “(B) has overnight accommodations for 250 or more passengers; and”

removed “49 Oceangoing Non-Passenger Commercial Vessels

removed “4901. Surveillance requirements

removed “(a) In general—A vessel engaged in commercial service that does not carry passengers, shall maintain a video surveillance system.

removed “(b) Applicability—The requirements in this section shall apply to—

removed “(1) documented vessels with overnight accommodations for at least 10 persons on board—

removed “(A) is on a voyage of at least 600 miles and crosses seaward of the Boundary Line; or

removed “(B) is at least 24 meters (79 feet) in overall length and required to have a load line under chapter 51;

removed “(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

removed “(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.

removed “(c) Placement of video and audio surveillance equipment

removed “(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.

removed “(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.

removed “(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.

removed “(e) Access to video and audio records

removed “(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.

removed “(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—

removed “(A) in which the individual is a subject of the video and audio surveillance;

removed “(B) the request is in conjunction with a legal proceeding or investigation; and

removed “(C) that may provide evidence of any sexual harassment or sexual assault incident in a civil action.

removed “(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.

removed “(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.

removed “(g) Definition—In this section, the term “owner” means the owner, charterer, managing operator, master, or other individual in charge of a vessel.

removed “(h) Exemption—Fishing vessels, fish processing vessels, and fish tender vessels are exempt from this section.”

removed “3106. Master key control system

removed “(a) In general—The owner of a vessel subject to inspection under section 3301 shall—

removed “(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);

removed “(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;

removed “(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

removed “(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.

removed “(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.

removed “(c) Requirements for log book—The log book described in subsection (a)(3)—

removed “(1) may be—

removed “(A) electronic; and

removed “(B) included in the vessel safety management system; and

removed “(2) shall include—

removed “(A) dates and times of access;

removed “(B) the room or location accessed; and

removed “(C) the name and rank of the crew member that used the master key.

removed “(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.

removed “(e) Exemption—This section shall not apply to vessels subject to section 3507(f).”

changed Section 3203 541 of title 46, United States Code, the Coast Guard Authorization Act of 2016 (Public Law 114–120) is amended—

added “(1) BSNC (to serve as Council Chair).

added “(2) The Secretary of Homeland Security.

added “(3) An Oil Spill Response Organization that serves the area in which such Port is located.

added “(4) The State.”

removed “(5) with respect to sexual harassment and sexual assault, procedures for, and annual training requirements for all shipboard personnel on—

removed “(A) prevention;

removed “(B) bystander intervention;

removed “(C) reporting;

removed “(D) response; and

removed “(E) investigation;

removed “(6) the log book required under section 3106;”

added “(C) land use planning and development at Point Spencer in support of the following activities within the Bearing Sea, the Chukchi Sea, and the Arctic Ocean:

added “(i) Search and rescue.

added “(ii) Shipping safety.

added “(iii) Economic development.

added “(iv) Oil spill prevention and response.

added “(v) National security.

added “(vi) Major marine casualties.

added “(vii) Protection of Alaska Native archaeological and cultural resources.

added “(viii) Port of refuge, arctic research, and maritime law enforcement.”

changed “(b) Procedures “(3) Facilitate coordination among members of the Council on the development and training requirements—In prescribing regulations for use of the procedures land and training requirements described in subsection (a)(5), coastline of Point Spencer, as such procedures development and requirements shall be consistent with the requirements use relate to report sexual harassment or sexual assault under section 10104.”activities of the Council at the Port of Point Spencer.”

added “(1) Determination of costs—Operations and management costs”

added “(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.”

added “(J)

added “(i) Except as provided in clause (iv) (including with respect to Cook Inlet), in any case in which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in the area of responsibility of the Western Alaska Captain of the Port Zone, a response plan required under this paragraph with respect to a discharge of oil for the vessel shall comply with the planning criteria established under clause (ii), which planning criteria shall, with respect to a discharge of oil from the vessel, apply in lieu of any alternative planning criteria approved for vessels operating in such area.

added “(ii) The President shall establish planning criteria for a worst case discharge of oil, and a substantial threat of such a discharge, within the area of responsibility of Western Alaska Captain of the Port Zone, including planning criteria for the following:

added “(I) Oil spill response resources that are required to be located within such area.

added “(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.

added “(III) Pre-identified vessels for oil spill response that are capable of operating in the ocean environment and required to be located within such area.

added “(IV) Real-time continuous vessel tracking, monitoring, and engagement protocols that detect and address vessel operation anomalies.

added “(V) Vessel routing measures consistent with international routing measure deviation protocols.

added “(VI) Ensuring the availability of at least one oil spill removal organization that is classified by the Coast Guard and that—

added “(aa) is capable of responding in all operating environments in such area;

added “(bb) controls oil spill response resources of dedicated and nondedicated resources within such area, through ownership, contracts, agreements, or other means approved by the President, sufficient to mobilize and sustain a response to a worst case discharge of oil and to contain, recover, and temporarily store discharged oil; and

added “(cc) has pre-positioned oil spill response resources in strategic locations throughout such area in a manner that ensures the ability to support response personnel, marine operations, air cargo, or other related logistics infrastructure.

added “(VII) Temporary storage capability using both dedicated and non-dedicated assets located within such area.

added “(VIII) Non-mechanical oil spill response resources, to be available under contracts, agreements, or other means approved by the President, capable of responding to both a discharge of persistent oil and a discharge of non-persistent oil, whether the discharged oil was carried by a vessel as fuel or cargo.

added “(IX) With respect to tank barges carrying non-persistent oil in bulk as cargo, oil spill response resources that are required to be carried on board.

added “(X) Ensuring that oil spill response resources required to comply with this subparagraph are separate from and in addition to resources otherwise required to be included in a response plan for purposes of compliance with salvage and marine firefighting planning requirements under this subsection.

added “(XI) Specifying a minimum length of time that approval of a response plan under this subparagraph is valid.

added “(XII) Ensuring compliance with requirements for the preparation and submission of vessel response plans established by regulations pursuant to this paragraph.

added “(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).

added “(iv) Nothing in this subparagraph affects—

added “(I) the requirements under this subsection applicable to vessel response plans for vessels operating within the area of responsibility of the Western Alaska Captain of the Port Zone within Cook Inlet, Alaska;

added “(II) the requirements applicable to tank vessels operating within Prince William Sound Captain of the Port Zone that are subject to section 5005 of the Oil Pollution Act of 1990 (33 U.S.C. 2735); or

added “(III) the authority of a Federal On-Scene Coordinator to use any available resources when responding to an oil spill.

added “(v) The Secretary shall review any determination that the national planning criteria are inappropriate for a vessel operating in the area of responsibility of Western Alaska Captain of the Port Zone not less frequently than once every five years.

added “(vi) For purposes of this subparagraph, the term Western Alaska Captain of the Port Zone means the area described in section 3.85–15 of title 33, Code of Federal Regulations, as in effect on the date of enactment of this subparagraph.”

removed Section 10104 of title 46, United States Code, is amended by striking subsections (a) and (b) and inserting the following:

removed “(a) Mandatory reporting by crew member

removed “(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.

removed “(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.

removed “(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)).

removed “(b) Mandatory reporting by vessel owner

removed “(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.

removed “(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.

removed “(c) Reporting procedures

removed “(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.

removed “(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—

removed “(A) the nearest Coast Guard Captain of the Port; or

removed “(B) the appropriate officer or agency of the government of the country in whose waters the incident occurs.

removed “(3) A report required under subsections (a) and (b) shall include, to the best of the reporter’s knowledge—

removed “(A) the name, official position or role in relation to the vessel, and contact information of the individual making the report;

removed “(B) the name and official number of the documented vessel;

removed “(C) the time and date of the incident;

removed “(D) the geographic position or location of the vessel when the incident occurred; and

removed “(E) a brief description of the alleged sexual harassment or sexual assault being reported.

removed “(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.

removed “(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.”

added 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—

removed “(a) In general—Except as otherwise”

removed “(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.”

added 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).

removed “564. Administration of sexual assault forensic examination kits

removed “(a) Requirement—A Coast Guard vessel that embarks on a covered voyage shall be—

removed “(1) equipped with no less than 2 sexual assault and forensic examination kits; and

removed “(2) staffed with at least 1 medical professional qualified and trained to administer such kits.

removed “(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—

removed “(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

removed “(2) aeromedical evacuation will be unavailable during the travel period referenced in paragraph (1).”

added “(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.

added “(46) “sexual harassment” means—

added “(A) conduct that—

added “(i) involves unwelcome sexual advances, requests for sexual favors, or deliberate or repeated offensive comments or gestures of a sexual nature if any—

added “(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;

added “(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;

added “(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

added “(IV) conduct may have been by an individual’s supervisor, a supervisor in another area, a co-worker, or another credentialed mariner; and

added “(ii) is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive;

added “(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

added “(C) any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature by any fellow employee of the complainant.”

added “7511. Convicted sex offender as grounds for denial

added “(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.

added “(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.”

added “7704a. Sexual harassment or sexual assault as grounds for suspension or revocation

added “(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.

added “(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.

added “(c) Official finding

added “(1) In general—In this section, the term “official finding” means—

added “(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

added “(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.

added “(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:

added “(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.

added “(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.

added “(3) Administrative Law Judge review

added “(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).

added “(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.”