H.R. 6865 — what changed

added 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.

removed “721. Responses to safety recommendations

removed “(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—

removed “(1) concurs with the recommendation;

removed “(2) partially concurs with the recommendation; or

removed “(3) does not concur with the recommendation.

removed “(b) Explanation of concurrence—A response under subsection (a) shall include—

removed “(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;

removed “(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

removed “(3) with respect to a recommendation to which the Commandant does not concur, the reasons why the Commandant does not concur with such recommendation.

removed “(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.”

added “721. Responses to safety recommendations

added “(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—

added “(1) concurs with the recommendation;

added “(2) partially concurs with the recommendation; or

added “(3) does not concur with the recommendation.

added “(b) Explanation of concurrence—A response under subsection (a) shall include—

added “(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;

added “(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

added “(3) with respect to a recommendation to which the Commandant does not concur, the reasons why the Commandant does not concur with such recommendation.

added “(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.”

removed “(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 “(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.”

removed Section 1132(e) of title 14, United States Code, is amended by striking paragraphs (2) and (3) and inserting the following:

removed “(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—

removed “(A) such life-cycle cost estimates be updated before—

removed “(i) each milestone decision is concluded; and

removed “(ii) the project or program enters a new acquisition phase; and

removed “(B) an independent cost estimate or independent cost assessment, as appropriate, be developed to validate such life-cycle cost estimates developed under paragraph (1).”

changed Section 316(c)(4) 1132(e) of title 14, United States Code, is amended by striking “the Inspector General of the department in which the Coast Guard is operating” paragraphs (2) and (3) and inserting “a third party entity qualified to undertake such a certification process”.the following:

added “(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—

added “(A) such life-cycle cost estimates be updated before—

added “(i) each milestone decision is concluded; and

added “(ii) the project or program enters a new acquisition phase; and

added “(B) an independent cost estimate or independent cost assessment, as appropriate, be developed to validate such life-cycle cost estimates developed under paragraph (1).”

added 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”.

removed 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—

changed “I General provisions”Provisions”

changed “II Exoneration and limitation Limitation of liability generally”Liability”

“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.”

added “(A) While operating on the navigable waters of the United States:”

added “(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.”

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 under chapter 531;

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

removed “(iii) the Tanker Security Fleet under chapter 534.”

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

added “(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—

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

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

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

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

added “(E) for any vessel participating in—

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

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

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

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

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.”

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 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”.

“(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).”

“(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;

changed “(B) any use or condonation associated with firsthand 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.”

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

“(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;”

“49 Oceangoing Non-Passenger Commercial Vessels

“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

changed “(1) In general—The owner of a vessel to which this section applies shall provide to any Federal, State, 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.”

“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;

changed “(3) record in a logbook, 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

changed “(4) make the list under paragraph (2) and the logbook 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.

changed “(c) Requirements for logbook—The logbook 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

changed “(C) the name and rank of the crew member who 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).”

Section 3203 of title 46, United States Code, is amended—

“(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;

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

“(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.”

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

changed “(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 firsthand first-hand or personal knowledge.

changed “(2) Penalty—A crew member with firsthand 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

changed “(1) A report required under subsection (a) shall be made as soon as practicable, but no later than 10 days after the individual develops firsthand 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.”

“(a) In general—Except as otherwise”

changed “(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 less more than 5 years after the cause of action for a claim of sexual harassment or sexual assault arose.”