#aagth ,,congress #b;d ,session ,h4 ,r4 #fhfe ,,an ,,act ,to authorize appropriations for the ,coast ,guard1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,don ,young ,coast ,guard ,authorization ,act of #bjbb4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,authorization ,sec4 #aja4 ,authorization of appropriations4 ,sec4 #ajb4 ,authorized levels of military strength and training4 ,sec4 #ajc4 ,shoreside infrastructure and facilities4 ,sec4 #ajd4 ,availability of amounts for acquisition of additional cutters4 ,title ,,ii--,coast ,guard ,subtitle ,a--,military ,personnel ,matters ,sec4 #bja4 ,authorized strength4 ,sec4 #bjb4 ,continuation of officers with certain critical skills on active duty4 ,sec4 #bjc4 ,number and distribution of officers on active duty promotion list4 ,sec4 #bjd4 ,coast ,guard behavioral health policy4 ,sec4 #bje4 ,improving representation of women and of racial and ethnic minorities among ,coast ,guard active-duty members4 ,subtitle ,b--,operational ,matters ,sec4 #bjf4 ,pilot project for enhancing ,coast ,guard cutter readiness through condition-based maintenance4 ,sec4 #bjg4 ,unmanned systems strategy4 ,sec4 #bjh4 ,budgeting of ,coast ,guard relating to certain operations4 ,sec4 #bji4 ,report on ,san ,diego maritime domain awareness4 ,sec4 #baj4 ,great ,lakes winter shipping4 ,sec4 #baa4 ,center of expertise for ,great ,lakes oil spill search and response4 ,sec4 #bab4 ,study on laydown of ,coast ,guard cutters4 ,subtitle ,c--,other ,matters ,sec4 #bac4 ,responses of ,commandant of the ,coast ,guard to safety recommendations4 ,sec4 #bad4 ,conveyance of ,coast ,guard vessels for public purposes4 ,sec4 #bae4 ,acquisition life-cycle cost estimates4 ,sec4 #baf4 ,national ,coast ,guard ,museum funding plan4 ,sec4 #bag4 ,report on ,coast ,guard explosive ordnance disposal4 ,sec4 #bah4 ,pribilof ,island transition completion actions4 ,sec4 #bai4 ,notification of communication outages4 ,title ,,iii--,maritime ,subtitle ,a--,shipping ,sec4 #cja4 ,nonoperating individual4 ,sec4 #cjb4 ,oceanographic research vessels4 ,sec4 #cjc4 ,atlantic ,coast port access routes briefing4 ,subtitle ,b--,vessel ,safety ,sec4 #cjd4 ,fishing vessel safety4 ,sec4 #cje4 ,requirements for ,,dukw-type amphibious passenger vessels4 ,sec4 #cjf4 ,exoneration and limitation of liability for small passengers vessels4 ,sec4 #cjg4 ,automatic identification system requirements4 ,subtitle ,c--,shipbuilding ,program ,sec4 #cjh4 ,qualified vessel4 ,sec4 #cji4 ,establishing a capital construction fund4 ,title ,,iv--,federal ,maritime ,commission ,sec4 #dja4 ,short title4 ,sec4 #djb4 ,purposes4 ,sec4 #djc4 ,service contracts4 ,sec4 #djd4 ,shipping exchange registry4 ,sec4 #dje4 ,data collection4 ,sec4 #djf4 ,national shipper advisory committee4 ,sec4 #djg4 ,annual report and public disclosures4 ,sec4 #djh4 ,general prohibitions4 ,sec4 #dji4 ,prohibition on unreasonably declining cargo4 ,sec4 #daj4 ,detention and demurrage4 ,sec4 #daa4 ,assessment of penalties4 ,sec4 #dab4 ,investigations4 ,sec4 #dac4 ,injunctive relief4 ,sec4 #dad4 ,technical amendments4 ,sec4 #dae4 ,authorization of appropriations4 ,sec4 #daf4 ,,nas study on supply chain industry4 ,sec4 #dag4 ,temporary emergency authority4 ,sec4 #dah4 ,terms and vacancies4 ,title ,v--,miscellaneous ,subtitle ,a--,navigation ,sec4 #eja4 ,restriction on changing salvors4 ,sec4 #ejb4 ,providing requirements for vessels anchored in established anchorage grounds4 ,sec4 #ejc4 ,aquatic ,nuisance ,species ,task ,force4 ,sec4 #ejd4 ,limitation on recovery for certain injuries incurred in aquaculture activities4 ,subtitle ,b--,other ,matters ,sec4 #eje4 ,information on type approval certificates4 ,sec4 #ejf4 ,passenger vessel security and safety requirements4 ,sec4 #ejg4 ,cargo waiting time reduction4 ,sec4 #ejh4 ,limited indemnity provisions in standby oil spill response contracts4 ,sec4 #eji4 ,port ,coordination ,council for ,point ,spencer4 ,sec4 #eaj4 ,western ,alaska oil spill planning criteria4 ,sec4 #eaa4 ,nonapplicability4 ,sec4 #eab4 ,report on enforcement of coastwise laws4 ,sec4 #eac4 ,land conveyance1 ,sharpe ,army ,depot1 ,lathrop1 ,california4 ,sec4 #ead4 ,center of ,expertise for ,marine ,environmental ,response4 ,sec4 #eae4 ,prohibition on entry and operation4 ,sec4 #eaf4 ,st4 ,lucie ,river railroad bridge4 ,sec4 #eag4 ,assistance related to marine mammals4 ,sec4 #eah4 ,manning and crewing requirements for certain vessels1 vehicles1 and structures4 ,title ,,vi--,sexual ,assault and ,sexual ,harassment ,prevention and ,response ,sec4 #fja4 ,definitions4 ,sec4 #fjb4 ,convicted sex offender as grounds for denial4 ,sec4 #fjc4 ,sexual harassment or sexual assault as grounds for suspension or revocation4 ,sec4 #fjd4 ,accommodation2 notices4 ,sec4 #fje4 ,protection against discrimination4 ,sec4 #fjf4 ,alcohol prohibition4 ,sec4 #fjg4 ,surveillance requirements4 ,sec4 #fjh4 ,master key control4 ,sec4 #fji4 ,safety management systems4 ,sec4 #faj4 ,requirement to report sexual assault and harassment4 ,sec4 #faa4 ,civil actions for personal injury or death of seamen4 ,sec4 #fab4 ,administration of sexual assault forensic examination kits4 ,title ,,vii--,technical and ,conforming ,provisions ,sec4 #gja4 ,technical corrections4 ,sec4 #gjb4 ,transportation worker identification credential technical amendments4 ,sec4 #gjc4 ,reinstatement4 ,sec4 #gjd4 ,determination of budgetary effects4 ,i ,authorization #aja4 ,authorization of appropriations ,section #dijb of title #ad1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a7 by striking years #bjbj and #bjba and inserting years #bjbb and #bjbc2 7#b7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking #h1aea1fbj1hej for fiscal year #bjbj and inserting #i1bhb1cfj1jjj for fiscal year #bjbb2 and 7ii7 by striking #h1cif1afi1dge for fiscal year #bjba and inserting #aj1baj1eif1jjj for fiscal year #bjbc2 7,b7 in subparagraph 7,b7 by striking #ag1jce1jjj and inserting #ag1gbc1ebj2 and 7,c7 in subparagraph 7,c7 by striking #ag1cgf1jjj and inserting #ah1jgg1iij2 7#c7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking #b1gid1gde1jjj for fiscal year #bjbj and inserting #c1cab1aad1jjj for fiscal year #bjbb2 and 7ii7 by striking #c1cab1aad1jjj for fiscal year #bjba and inserting #c1dgg1fjj1jjj for fiscal year #bjbc2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking #aj1jjj1jjj for fiscal year #bjbj and inserting #bj1djj1jjj for fiscal year #bjbb2 and 7ii7 by striking #bj1jjj1jjj for fiscal year #bjba and inserting #bj1hjh1jjj for fiscal year #bjbc2 7#d7 in paragraph 7#c7-- 7,a7 by striking #ac1hcd1jjj for fiscal year #bjbj and inserting #ad1cic1bbj for fiscal year #bjbb2 and 7,b7 by striking #ad1aaa1jjj for fiscal year #bjba and inserting #ad1fha1jhd for fiscal year #bjbc2 and 7#e7 in paragraph 7#d7-- 7,a7 by striking #bje1ajg1jjj for fiscal year #bjbj and inserting #bac1cic1ahj for fiscal year #bjbb2 and 7,b7 by striking #bji1bji1jjj for fiscal year #bjba and inserting #bag1ffa1jdd for fiscal year #bjbc4 #ajb4 ,authorized levels of military strength and training ,section #dijd of title #ad1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by striking fiscal years #bjbj and #bjba and inserting fiscal years #bjbb and #bjbc2 and 7#b7 in subsection 7b7 by striking fiscal years #bjbj and #bjba and inserting fiscal years #bjbb and #bjbc4 #ajc4 ,shoreside infrastructure and facilities 7a7 ,in general ,of the amounts authorized to be appropriated under section #dijb7b77;,a7 of title #ad1 ,united ,states ,code1 for each of fiscal years #bjbb and #bjbc1 up to #ehe1jjj1jjj shall be authorized for the ,secretary of the department in which the ,coast ,guard is operating to fund the acquisition1 construction1 rebuilding1 or improvement of ,coast ,guard shoreside infrastructure and facilities necessary to support ,coast ,guard operations and readiness4 7b7 ,baltimore ,coast ,guard ,yard ,of the amounts set aside under subsection 7a71 up to #age1jjj1jjj shall be authorized to improve facilities at the ,coast ,guard ,yard in ,baltimore1 ,maryland1 including improvements to piers and wharves1 dry dock1 capital equipment utilities1 or dredging necessary to facilitate access to such ,yard4 7c7 ,training center ,cape ,may ,of the amounts set aside under subsection 7a71 up to #fj1jjj1jjj shall be authorized to fund ,phase ,i1 in fiscal year #bjbb1 and ,phase ,,ii1 in fiscal year #bjbc1 for the recapitalization of the barracks at the ,united ,states ,coast ,guard ,training ,center ,cape ,may in ,cape ,may1 ,new ,jersey4 7d7 ,mitigation of hazard risks ,in carrying out projects with funds authorized under this section1 the ,coast ,guard shall mitigate1 to the greatest extent practicable1 natural hazard risks identified in any ,shore ,infrastructure ,vulnerability ,assessment for ,phase ,i related to such projects4 7e7 ,fort ,wadsworth1 ,new ,york ,of the amounts set aside under subsection 7a71 up to #a1bjj1jjj shall be authorized to fund a construction project to-- 7#a7 complete repairs to the ,united ,states ,coast ,guard ,station1 ,new ,york1 waterfront1 including repairs to the concrete pier2 and 7#b7 replace floating piers ,alpha and ,bravo1 the ,south ,breakwater and ,ice ,screen1 the ,north ,breakwater and ,ice ,screen1 and the seawall4 #ajd4 ,availability of amounts for acquisition of additional cutters 7a7 ,in general ,of the amounts authorized to be appropriated under-- 7#a7 section #dijb7b77;,a77i7 of title #ad1 ,united ,states ,code1 as amended by section #aja of this title1 for fiscal year #bjbb2 7,a7 #cjj1jjj1jjj shall be authorized for the acquisition of a twelfth ,national ,security ,cutter2 and 7,b7 #baj1jjj1jjj shall be authorized for the acquisition of #c ,fast ,response ,cutters2 and 7#b7 section #dijb7b77;,a77ii7 of title #ad1 ,united ,states ,code1 as amended by section #aja of this title1 for fiscal year #bjbc2 7,a7 #cjj1jjj1jjj shall be authorized for the acquisition of a twelfth ,national ,security ,cutter2 and 7,b7 #baj1jjj1jjj shall be authorized for the acquisition of #c ,fast ,response ,cutters4 7b7 ,treatment of acquired cutter ,any cutter acquired using amounts authorized under subsection 7a7 shall be in addition to the ,national ,security ,cutters and ,fast ,response ,cutters approved under the existing acquisition baseline in the program of record for the ,national ,security ,cutter and ,fast ,response ,cutter4 7c7 ,great ,lakes icebreaker acquisition ,of the amounts authorized to be appropriated under section #dijb7b77;,a77ii7 of title #ad1 ,united ,states ,code-- 7#a7 for fiscal year #bjbb1 #cej1jjj1jjj shall be authorized for the acquisition of a ,great ,lakes icebreaker at least as capable as ,coast ,guard ,cutter ,mackinaw 7,,wlbb-#cj72 and 7#b7 for fiscal year #bjbc1 #bj1jjj1jjj shall be authorized for the design and selection of icebreaking cutters for operation in the ,great ,lakes1 the ,northeastern ,united ,states1 and the ,arctic1 as appropriate1 that are at least as capable as the ,coast ,guard #adj-;foot icebreaking tugs4 7d7 ,drug and migrant interdiction ,of the ,fast ,response ,cutters authorized for acquisition under subsection 7a71 at least #a shall be used for drug and migrant interdiction in the ,caribbean ,basin 7including the ,gulf of ,mexico74 ,,ii ,coast ,guard ,a ,military ,personnel ,matters #bja4 ,authorized strength ,section #cgjb of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,the ,secretary may vary the authorized end strength of the ,coast ,guard ,selected ,reserves for a fiscal year by a number equal to not more than #c percent of such end strength upon a determination by the ,secretary that varying such authorized end strength is in the national interest4 7d7 ,the ,commandant may increase the authorized end strength of the ,coast ,guard ,selected ,reserves by a number equal to not more than #b percent of such authorized end strength upon a determination by the ,commandant that such increase would enhance manning and readiness in essential units or in critical specialties or ratings4 4 #bjb4 ,continuation of officers with certain critical skills on active duty 7a7 ,in general ,chapter #ba of title #ad1 ,united ,states ,code1 is amended by inserting after section #bafe the following3 #baff4 ,continuation on active duty2 ,coast ,guard officers with certain critical skills 7a7 ,in general ,the ,commandant may authorize an officer in a grade above grade ,o-#b to remain on active duty after the date otherwise provided for the retirement of such officer in section #baed of this title1 if the officer possesses a critical skill1 or specialty1 or is in a career field designated pursuant to subsection 7b74 7b7 ,critical skills1 specialty1 or career field ,the ,commandant shall designate any critical skill1 specialty1 or career field eligible for continuation on active duty as provided in subsection 7a74 7c7 ,duration of continuation ,an officer continued on active duty pursuant to this section shall1 if not earlier retired1 be retired on the first day of the month after the month in which the officer completes #dj years of active service4 7d7 ,policy ,the ,commandant shall carry out this section by prescribing policy which shall specify the criteria to be used in designating any critical skill1 specialty1 or career field for purposes of subsection 7b74 4 7b7 ,clerical amendment ,the analysis for chapter #ba of title #ad1 ,united ,states ,code1 is amended by inserting after the item relating to section #bafe the following3 #baff4 ,continuation on active duty2 ,coast ,guard officers with certain critical skills4 4 #bjc4 ,number and distribution of officers on active duty promotion list 7a7 ,maximum number of officers ,section #bajc7;a7 of title #ad1 ,united ,states ,code1 is amended to read as follows3 7a7 ,maximum total number 7#a7 ,in general ,the total number of ,coast ,guard commissioned officers on the active duty promotion list1 excluding warrant officers1 shall not exceed-- 7,a7 #g1ajj in fiscal year #bjbb2 7,b7 #g1bjj in fiscal year #bjbc2 7,c7 #g1cjj in fiscal year #bjbd2 and 7,d7 #g1djj in fiscal year #bjbe and each subsequent fiscal year4 7#b7 ,temporary increase ,notwithstanding paragraph 7#a71 the ,commandant may temporarily increase the total number of commissioned officers permitted under such paragraph by up to #b percent for no more than #fj days following the date of the commissioning of a ,coast ,guard ,academy class4 7#c7 ,notification ,not later than #cj days after exceeding the total number of commissioned officers permitted under paragraph 7#a71 and each #cj days thereafter until the total number of commissioned officers no longer exceeds the number of such officers permitted under paragraph 7#a71 the ,commandant shall notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate of the number of officers on the active duty promotion list on the last day of the preceding #cj-;day period4 4 7b7 ,officers not on active duty promotion list 7#a7 ,in general ,chapter #ea of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #eaac4 ,officers not on active duty promotion list ,not later than #fj days after the date on which the ,president submits to ,congress a budget pursuant to section #aaje of title #ca1 the ,commandant shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate the number of ,coast ,guard officers serving at other ,federal entities on a reimbursable basis but not on the active duty promotion list4 4 7#b7 ,clerical amendment ,the analysis for chapter #ea of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #eaac4 ,officers not on active duty promotion list4 4 #bjd4 ,coast ,guard behavioral health policy 7a7 ,interim behavioral health policy ,not later than #fj days after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard shall establish an interim behavioral health policy for members of the ,coast ,guard equivalent to the policy described in section #e4bh 7relating to behavioral health7 of ,department of ,defense ,instruction #facj4jc1 volume #b1 ,medical ,standards for ,military ,service3 ,retention4 7b7 ,termination ,the interim policy established under subsection 7a7 shall remain in effect until the date on which the ,commandant issues a permanent behavior health policy for members of the ,coast ,guard which is1 to the extent practicable1 equivalent to such section #e4bh4 #bje4 ,improving representation of women and of racial and ethnic minorities among ,coast ,guard active-duty members 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard shall-- 7#a7 determine which recommendations in the ,,rand representation report can practicably be implemented to promote improved representation in the ,coast ,guard of-- 7,a7 women2 and 7,b7 racial and ethnic minorities2 and 7#b7 submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the actions the ,commandant has taken1 or plans to take1 to implement such recommendations4 7b7 ,curriculum and training ,the ,commandant shall update1 to reflect actions described under subsection 7a77#b71 the curriculum and training materials used at-- 7#a7 officer accession points1 including the ,coast ,guard ,academy and the ,leadership ,development ,center2 7#b7 enlisted member accession at the ,united ,states ,coast ,guard ,training ,center ,cape ,may in ,cape ,may1 ,new ,jersey2 and 7#c7 the officer1 enlisted member1 and civilian leadership courses managed by the ,leadership ,development ,center4 7c7 ,definition ,in this section1 the term ,,rand representation report means the report titled ,improving the ,representation of ,women and ,racial_/,ethnic ,minorities ,among ,u4,s4 ,coast ,guard ,active-,duty ,members issued by the ,homeland ,security ,operational ,analysis ,center of the ,,rand ,corporation on ,august #aa1 #bjba4 ,b ,operational ,matters #bjf4 ,pilot project for enhancing ,coast ,guard cutter readiness through condition-based maintenance 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard shall conduct a pilot project to enhance cutter readiness and reduce lost patrol days through the deployment of commercially developed condition-based program standards for cutter maintenance1 in accordance with the criteria set forth in subsection 7b74 7b7 ,criteria for condition-,based maintenance evaluation ,in conducting the pilot project under subsection 7a71 the ,commandant shall-- 7#a7 select at least #a legacy cutter asset and #a class of cutters under construction with respect to which the application of the pilot project would enhance readiness2 7#b7 use commercially developed condition-based program standards similar to those applicable to privately owned and operated vessels or vessels owned or operated by other ,federal agencies 7such as those currently operating under the direction of ,military ,sealift ,command72 7#c7 create and model a full ship digital twin for the cutters selected under paragraph 7#a72 7#d7 install or modify instrumentation capable of producing full hull1 mechanical1 and electrical data necessary to analyze cutter operational conditions with active maintenance alerts2 and 7#e7 deploy artificial intelligence1 prognostic-based integrated maintenance planning modeled after standards described in paragraph 7#b74 7c7 ,report to ,congress ,the ,commandant shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives-- 7#a7 an interim report not later than #f months after the date of enactment of this ,act on the progress in carrying out the pilot project described in subsection 7a72 and 7#b7 a final report not later than #b years after the date of enactment of this ,act on the results of the pilot project described in subsection 7a7 that includes-- 7,a7 options to integrate commercially developed condition-based program standards for cutter maintenance to ,coast ,guard cutters2 and 7,b7 plans to deploy commercially developed condition-based program standards for cutter maintenance to ,coast ,guard cutters4 #bjg4 ,unmanned systems strategy 7a7 ,submission to ,congress ,not later than #ahj days after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a detailed description of the strategy of the ,coast ,guard to implement unmanned systems across mission areas1 including-- 7#a7 the steps taken to implement actions recommended in the consensus study report of the ,national ,academies of ,sciences1 ,engineering1 and ,medicine published on ,november #ab1 #bjbj1 titled ,leveraging ,unmanned ,systems for ,coast ,guard ,missions3 ,a ,strategic ,imperative2 7#b7 the strategic goals and acquisition strategies for proposed uses and procurements of unmanned systems2 7#c7 a strategy to sustain competition and innovation for procurement of unmanned systems and services for the ,coast ,guard1 including defining opportunities for new and existing technologies2 and 7#d7 an estimate of the timeline1 costs1 staff resources1 technology1 or other resources necessary to accomplish the strategy4 7b7 ,pilot project 7#a7 ,autonomous control and computer vision technology ,the ,commandant of the ,coast ,guard1 acting through the ,blue ,technology ,center of ,expertise1 shall conduct a pilot project to retrofit an existing ,coast ,guard small boat with-- 7,a7 commercially available autonomous control and computer vision technology2 and 7,b7 such sensors and methods of communication as are necessary to demonstrate the ability of such control and technology to assist in conducting search and rescue1 surveillance1 and interdiction missions4 7#b7 ,collection of data ,the pilot project under paragraph 7#a7 shall evaluate commercially available products in the field and collect operational data to inform future requirements4 7#c7 ,briefing ,not later than #f months after completing the pilot project required under paragraph 7#a71 the ,commandant shall brief the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on commerce1 ,science1 and ,transportation of the ,senate on the evaluation of the data derived from the project4 #bjh4 ,budgeting of ,coast ,guard relating to certain operations 7a7 ,in general ,chapter #ea of title #ad1 ,united ,states ,code1 is further amended by adding at the end the following3 #eaad4 ,expenses of performing and executing defense readiness mission activities ,the ,commandant of the ,coast ,guard shall include in the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 a dedicated budget line item that adequately represents a calculation of the annual costs and expenditures of performing and executing all defense readiness mission activities1 including-- 7#a7 all expenses related to the ,coast ,guard's coordination1 training1 and execution of defense readiness mission activities in the ,coast ,guard's capacity as an ,armed ,force 7as such term is defined in section #aja of title #aj7 in support of ,department of ,defense national security operations and activities or for any other military department or defense agency 7as such terms are defined in such section72 7#b7 costs associated with ,coast ,guard detachments assigned in support of the ,coast ,guard's defense readiness mission2 and 7#c7 any other expenses1 costs1 or matters the ,commandant determines appropriate or otherwise of interest to ,congress4 4 7b7 ,clerical amendment ,the analysis for chapter #ea of title #ad1 ,united ,states ,code1 is further amended by adding at the end the following3 #eaad4 ,expenses of performing and executing defense readiness mission activities4 4 #bji4 ,report on ,san ,diego maritime domain awareness ,not later than #ahj days after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report containing-- 7#a7 an overview of the maritime domain awareness in the area of responsibility of the ,coast ,guard sector responsible for ,san ,diego1 ,california1 including-- 7,a7 the average volume of known maritime traffic that transited the area during fiscal years #bjbj through #bjbb2 7,b7 current sensor platforms deployed by such sector to monitor illicit activity occurring at sea in such area2 7,c7 the number of illicit activity incidents at sea in such area that the sector responded to during fiscal years #bjbj through #bjbb2 7,d7 an estimate of the volume of traffic engaged in illicit activity at sea in such area and the type and description of any vessels used to carry out illicit activities that such sector responded to during fiscal years #bjbj through #bjbb2 and 7,e7 the maritime domain awareness requirements to effectively meet the mission of such sector2 7#b7 a description of current actions taken by the ,coast ,guard to partner with ,federal1 regional1 ,state1 and local entities to meet the maritime domain awareness needs of such area2 7#c7 a description of any gaps in maritime domain awareness within the area of responsibility of such sector resulting from an inability to meet the enduring maritime domain awareness requirements of the sector or adequately respond to maritime disorder2 7#d7 an identification of current technology and assets the ,coast ,guard has to mitigate the gaps identified in paragraph 7#c72 7#e7 an identification of capabilities needed to mitigate such gaps1 including any capabilities the ,coast ,guard currently possesses that can be deployed to the sector2 7#f7 an identification of technology and assets the ,coast ,guard does not currently possess and are needed to acquire in order to address such gaps2 and 7#g7 an identification of any financial obstacles that prevent the ,coast ,guard from deploying existing commercially available sensor technology to address such gaps4 #baj4 ,great ,lakes winter shipping 7a7 ,great ,lakes icebreaking operations 7#a7 ,government ,accountability ,office report 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on ,coast ,guard icebreaking in the ,great ,lakes4 7,b7 ,elements ,the report required under subparagraph 7,a7 shall-- 7i7 evaluate-- 7,i7 the economic impact related to vessel delays or cancellations associated with ice coverage on the ,great ,lakes2 7,,ii7 the impact the standards proposed in paragraph 7#b7 would have on ,coast ,guard operations in the ,great ,lakes if such standards were adopted2 7,,iii7 the fleet mix of medium icebreakers and icebreaking tugs necessary to meet the standards proposed in paragraph 7#b72 and 7,,iv7 the resources necessary to support the fleet described in subclause 7,,iii71 including billets for crew and operating costs2 and 7ii7 make recommendations to the ,commandant for improvements to the ,great ,lakes icebreaking program1 including with respect to facilitating shipping and meeting all ,coast ,guard mission needs4 7#b7 ,proposed standards for icebreaking operations ,the proposed standards1 the impact of the adoption of which is evaluated in subclauses 7,,ii7 and 7,,iii7 of paragraph 7#a77;,b77i71 are the following3 7,a7 ,except as provided in subparagraph 7,b71 the ice-covered waterways in the ,great ,lakes shall be open to navigation not less than #ij percent of the hours that vessels engaged in commercial service and ferries attempt to transit such ice-covered waterways4 7,b7 ,in a year in which the ,great ,lakes are not open to navigation1 as described in subparagraph 7,a71 because of ice of a thickness that occurs on average only once every #aj years1 ice-covered waterways in the ,great ,lakes shall be open to navigation at least #gj percent of the hours that vessels engaged in commercial service and ferries attempt to transit such ice-covered waterways4 7#c7 ,report by ,commandant ,not later than #ij days after the date on which the ,comptroller ,general submits the report under paragraph 7#a71 the ,commandant shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that includes the following3 7,a7 ,a plan for ,coast ,guard implementation of any recommendation made by the ,comptroller ,general under paragraph 7#a77;,b77ii7 with which the ,commandant concurs4 7,b7 ,with respect to any recommendation made under paragraph 7#a77;,b77ii7 with which the ,commandant does not concur1 an explanation of the reasons why the ,commandant does not concur4 7,c7 ,a review of1 and a proposed implementation plan for1 the results of the fleet mix analysis under paragraph 7#a77;,b77i77,,iii74 7,d7 ,any proposed modifications to current ,coast ,guard standards for icebreaking operations in the ,great ,lakes4 7#d7 ,pilot program ,during the #e ice seasons following the date of enactment of this ,act1 the ,coast ,guard shall conduct a pilot program to determine the extent to which the current ,coast ,guard ,great ,lakes icebreaking cutter fleet can meet the proposed standards described in paragraph 7#b74 7b7 ,data on icebreaking operations in the ,great ,lakes 7#a7 ,in general ,the ,commandant shall collect1 during ice season1 archive1 and disseminate data on icebreaking operations and transits on ice-covered waterways in the ,great ,lakes of vessels engaged in commercial service and ferries4 7#b7 ,elements ,data collected1 archived1 and disseminated under paragraph 7#a7 shall include the following3 7,a7 ,voyages by vessels engaged in commercial service and ferries to transit ice-covered waterways in the ,great ,lakes that are delayed or canceled because of the nonavailability of a suitable icebreaking vessel4 7,b7 ,voyages attempted by vessels engaged in commercial service and ferries to transit ice-covered waterways in the ,great ,lakes that do not reach their intended destination because of the nonavailability of a suitable icebreaking vessel4 7,c7 ,the period of time that each vessel engaged in commercial service or ferry was delayed in getting underway or during a transit of ice-covered waterways in the ,great ,lakes due to the nonavailability of a suitable icebreaking vessel4 7,d7 ,the period of time elapsed between each request for icebreaking assistance by a vessel engaged in commercial service or ferry and the arrival of a suitable icebreaking vessel and whether such icebreaking vessel was a ,coast ,guard or commercial asset4 7,e7 ,the percentage of hours that ,great ,lakes ice-covered waterways were open to navigation while vessels engaged in commercial service and ferries attempted to transit such waterways for each ice season after the date of enactment of this ,act4 7,f7 ,relevant communications of each vessel engaged in commercial service or ferry with the ,coast ,guard or commercial icebreaking service providers with respect to subparagraphs 7,a7 through 7,d74 7,g7 ,a description of any mitigating circumstance1 such as ,coast ,guard ,great ,lakes icebreaker diversions to higher priority missions1 that may have contributed to the amount of time described in subparagraphs 7,c7 and 7,d7 or the percentage of time described in subparagraph 7,e74 7#c7 ,voluntary reporting ,any reporting by operators of commercial vessels engaged in commercial service or ferries under this section shall be voluntary4 7#d7 ,public availability ,the ,commandant shall make the data collected1 archived1 and disseminated under this subsection available to the public on a publicly accessible internet website of the ,coast ,guard4 7#e7 ,consultation with industry ,with respect to the ,great ,lakes icebreaking operations of the ,coast ,guard and the development of the data collected1 archived1 and disseminated under this subsection1 the ,commandant shall consult operators of-- 7,a7 vessels engaged in commercial service2 and 7,b7 ferries4 7c7 ,report on common hull design ,section #haje of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,report ,not later than #ij days after the date of enactment of this subsection1 the ,commandant shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the operational benefits and limitations of a common hull design for icebreaking cutters for operation in the ,great ,lakes1 the ,northeastern ,united ,states1 and the ,arctic1 as appropriate1 that are at least as capable as the ,coast ,guard #adj-;foot icebreaking tugs4 4 7d7 ,definitions ,in this section3 7#a7 ,commercial service ,the term commercial service has the meaning given such term in section #baja of title #df1 ,united ,states ,code4 7#b7 ,great ,lakes ,the term ,great ,lakes-- 7,a7 has the meaning given such term in section #aah of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfh72 and 7,b7 includes harbors adjacent to such waters4 7#c7 ,ice-covered waterway ,the term ice-covered waterway means any portion of the ,great ,lakes in which vessels engaged in commercial service or ferries operate that is #gj percent or greater covered by ice1 but does not include any waters adjacent to piers or docks for which commercial icebreaking services are available and adequate for the ice conditions4 7#d7 ,open to navigation ,the term open to navigation means navigable to the extent necessary to-- 7,a7 meet the reasonable demands of shipping2 7,b7 minimize delays to passenger ferries2 7,c7 extricate vessels and persons from danger2 7,d7 prevent damage due to flooding2 and 7,e7 conduct other ,coast ,guard missions1 as required4 7#e7 ,reasonable demands of shipping ,the term reasonable demands of shipping means the safe movement of vessels engaged in commercial service and ferries transiting ice-covered waterways in the ,great ,lakes to their intended destination1 regardless of type of cargo4 #baa4 ,center of expertise for ,great ,lakes oil spill search and response ,section #hjg7;d7 of the ,frank ,lo,biondo ,coast ,guard ,authorization ,act of #bjah 7#ad ,u4,s4,c4 #cac note7 is amended to read as follows3 7d7 ,definition ,in this section1 the term ,great ,lakes means-- 7#a7 ,lake ,ontario2 7#b7 ,lake ,erie2 7#c7 ,lake ,huron 7including ,lake ,st4 ,clair72 7#d7 ,lake ,michigan2 7#e7 ,lake ,superior2 and 7#f7 the connecting channels 7including the following rivers and tributaries of such rivers3 ,saint ,mary's ,river1 ,saint ,clair ,river1 ,detroit ,river1 ,niagara ,river1 ,illinois ,river1 ,chicago ,river1 ,fox ,river1 ,grand ,river1 ,st4 ,joseph ,river1 ,st4 ,louis ,river1 ,menominee ,river1 ,muskegon ,river1 ,kalamazoo ,river1 and ,saint ,lawrence ,river to the ,canadian border74 4 #bab4 ,study on laydown of ,coast ,guard cutters ,not later than #abj days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,transportation1 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 coverage4 ,c ,other ,matters #bac4 ,responses of ,commandant of the ,coast ,guard to safety recommendations 7a7 ,in general ,chapter #g of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #gba4 ,responses to safety recommendations 7a7 ,in general ,not later than #ij days after the submission to the ,commandant of the ,coast ,guard of a recommendation by the ,national ,transportation ,safety ,board relating to transportation safety1 the ,commandant shall submit to the ,board a written response to each recommendation1 which shall include whether the ,commandant-- 7#a7 concurs with the recommendation2 7#b7 partially concurs with the recommendation2 or 7#c7 does not concur with the recommendation4 7b7 ,explanation of concurrence ,a response under subsection 7a7 shall include-- 7#a7 with respect to a recommendation to which the ,commandant concurs1 an explanation of the actions the ,commandant intends to take to implement such recommendation2 7#b7 with respect to a recommendation to which the ,commandant partially concurs1 an explanation of the actions the ,commandant intends to take to implement the portion of such recommendation with which the ,commandant partially concurs2 and 7#c7 with respect to a recommendation to which the ,commandant does not concur1 the reasons why the ,commandant does not concur with such recommendation4 7c7 ,failure ,to respond ,if the ,board has not received the written response required under subsection 7a7 by the end of the time period described in such subsection1 the ,board shall notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate that such response has not been received4 4 7b7 ,clerical amendment ,the analysis for chapter #g of title #ad1 ,united ,states ,code1 is amended by inserting after the item relating to section #gbj the following3 #gba4 ,responses to safety recommendations4 4 #bad4 ,conveyance of ,coast ,guard vessels for public purposes 7a7 ,redesignation and transfer 7#a7 ,in general ,section #iad of the ,coast ,guard ,authorization ,act of #bjaj 7,public ,law #aaa-bha7 is transferred to chapter #e of title #ad1 ,united ,states ,code1 inserted after section #ejh1 redesignated as section #eji1 and amended so that the enumerator1 section heading1 typeface1 and typestyle conform to those appearing in other sections in title #df1 ,united ,states ,code4 7#b7 ,clerical amendments 7,a7 ,coast ,guard ,authorization ,act of #bjaj ,the table of contents in section #a7;b7 of the ,coast ,guard ,authorization ,act of #bjaj 7,public ,law #aaa-bha7 is amended by striking the item relating to section #iad4 7,b7 ,title #df ,the analysis for chapter #e of title #ad1 ,united ,states ,code1 is amended by inserting after the item relating to section #ejh the following3 #eji4 ,conveyance of ,coast ,guard vessels for public purposes4 4 7b7 ,conveyance of ,coast ,guard vessels for public purposes ,section #eji of title #ad1 ,united ,states ,code 7as transferred and redesignated under subsection 7a771 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,in general ,at the request of the ,commandant1 the ,administrator of the ,general ,services ,administration may transfer ownership of a ,coast ,guard vessel or aircraft to an eligible entity for use for educational1 cultural1 historical1 charitable1 recreational1 or other public purposes if such transfer is authorized by law4 2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting as if such a request were being processed after vessels2 and 7ii7 by inserting 1 as in effect on the date of enactment of the ,don ,young ,coast ,guard ,authorization ,act of #bjbb after ,code of ,federal ,regulations2 and 7,b7 in paragraph 7#b7 by inserting 1 as in effect on the date of enactment of the ,don ,young ,coast ,guard ,authorization ,act of #bjbb after such title4 #bae4 ,acquisition life-cycle cost estimates ,section #aacb7;e7 of title #ad1 ,united ,states ,code1 is amended by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,types of estimates ,for each ,level #a or ,level #b acquisition project or program1 in addition to life-cycle cost estimates developed under paragraph 7#a71 the ,commandant shall require that-- 7,a7 such life-cycle cost estimates be updated before-- 7i7 each milestone decision is concluded2 and 7ii7 the project or program enters a new acquisition phase2 and 7,b7 an independent cost estimate or independent cost assessment1 as appropriate1 be developed to validate such life-cycle cost estimates developed under paragraph 7#a74 4 #baf4 ,national ,coast ,guard ,museum funding plan ,section #caf7;c77#d7 of title #ad1 ,united ,states ,code1 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 process4 #bag4 ,report on ,coast ,guard explosive ordnance disposal 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the viability of establishing an explosive ordnance disposal program 7hereinafter referred to as the ,program7 in the ,coast ,guard4 7b7 ,contents ,the report required under subsection 7a7 shall contain1 at a minimum1 an explanation of the following with respect to such a ,program3 7#a7 ,where within the organizational structure of the ,coast ,guard the ,program would be located1 including a discussion of whether the ,program should reside in-- 7,a7 ,maritime ,safety and ,security ,teams2 7,b7 ,maritime ,security ,response ,teams2 7,c7 a combination of the teams described under subparagraphs 7,a7 and 7,b72 or 7,d7 elsewhere within the ,coast ,guard4 7#c7 ,the vehicles and dive craft that are ,coast ,guard airframe and vessel transportable that would be required for the transportation of explosive ordnance disposal elements4 7#d7 ,the ,coast ,guard stations at which-- 7,a7 portable explosives storage magazines would be available for explosive ordnance disposal elements2 and 7,b7 explosive ordnance disposal elements equipment would be pre-positioned4 7#e7 ,how the ,program would support other elements within the ,department of ,homeland ,security1 the ,department of ,justice1 and in wartime1 the ,department of ,defense to-- 7,a7 counter improvised explosive devices2 7,b7 counter unexploded ordnance2 7,c7 combat weapons of destruction2 7,d7 provide service in support of the ,president2 and 7,e7 support national security special events4 7#f7 ,the career progression of ,coast ,guardsman participating in the ,program from-- 7,a7 ,seaman ,recruit to ,command ,master ,chief ,petty ,officer2 7,b7 ,chief ,warrant ,officer #b to that of ,chief ,warrant ,officer #d2 and 7,c7 ,ensign to that of ,rear ,admiral4 7#g7 ,initial and annual budget justification estimates on a single program element of the ,program for-- 7,a7 civilian and military pay with details on military pay1 including special and incentive pays such as-- 7i7 officer responsibility pay2 7ii7 officer ,,scuba diving duty pay2 7iii7 officer demolition hazardous duty pay2 7iv7 enlisted ,,scuba diving duty pay2 7v7 enlisted demolition hazardous duty pay2 7vi7 enlisted special duty assignment pay at level special duty-#e2 7vii7 enlisted assignment incentive pays2 7viii7 enlistment and reenlistment bonuses2 7ix7 officer and enlisted full civilian clothing allowances2 7x7 an exception to the policy allowing a third hazardous duty pay for explosive ordnance disposal-qualified officers and enlisted2 and 7xi7 parachutist hazardous duty pay2 7,b7 research1 development1 test1 and evaluation2 7,c7 procurement2 7,d7 other transaction agreements2 7,e7 operations and support2 and 7,f7 overseas contingency operations4 #bah4 ,pribilof ,island transition completion actions 7a7 ,extensions ,section #ebd of the ,pribilof ,island ,transition ,completion ,act of #bjaf 7,public ,law #aad-abj7 is amended-- 7#a7 in subsection 7b77#e7 by striking #e years and inserting #f years2 and 7#b7 in subsection 7c77#c7 by striking #fj days and inserting #abj days4 7b7 ,actual use and occupancy reports ,not later than #ij days after enactment of this ,act1 and quarterly thereafter1 the ,secretary of the department in which the ,coast ,guard is operating shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report describing-- 7#a7 the degree to which ,coast ,guard personnel and equipment are deployed to ,st4 ,paul ,island1 ,alaska1 in actual occupancy of the facilities1 as required under section #ebd of the ,pribilof ,island ,transition ,completion ,act of #bjaf 7,public ,law #aad-abj72 and 7#b7 the status of the activities described in subsections 7c7 and 7d7 until such activities have been completed4 7c7 ,aircraft hanger ,the ,secretary may-- 7#a7 enter into a lease for a hangar to house deployed ,coast ,guard aircraft if such hanger was previously under lease by the ,coast ,guard for purposes of housing such aircraft2 and 7#b7 may enter into an agreement with the lessor of such a hanger in which the ,secretary may carry out repairs necessary to support the deployment of such aircraft and the cost such repairs may be offset under the terms of the lease4 7d7 ,fuel tank 7#a7 ,determination ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall determine whether the fuel tank located on ,st4 ,paul ,island1 ,alaska1 that is owned by the ,coast ,guard is needed for ,coast ,guard operations4 7#b7 ,transfer ,subject to paragraph 7#c71 if the ,secretary determines such tank is not needed for operations1 the ,secretary shall1 not later than #ij days after making such determination1 transfer such tank to the ,alaska ,native ,village ,corporation for ,st4 ,paul ,island1 ,alaska4 7#c7 ,fair market value exception ,the ,secretary may only carry out a transfer under paragraph 7#b7 if the fair market value of such tank is less than the aggregate value of any lease payments for the property on which the tank is located that the ,coast ,guard would have paid to the ,alaska ,native ,village ,corporation for ,st4 ,paul ,island1 ,alaska1 had such lease been extended at the same rate4 7e7 ,savings clause ,nothing in this section shall be construed to limit any rights of the ,alaska ,native ,village ,corporation for ,st4 ,paul to receive conveyance of all or part of the lands and improvements related to ,tract #dc under the same terms and conditions as prescribed in section #ebd of the ,pribilof ,island ,transition ,completion ,act of #bjaf 7,public ,law #aad-abj74 #bai4 ,notification of communication outages ,not later than #ahj days after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that-- 7#a7 contains a plan for the ,coast ,guard to notify mariners of radio outages for towers owned and operated by the ,coast ,guard in ,district #ag2 7#b7 address in such plan how the ,coast ,guard in ,district #ag will-- 7,a7 disseminate outage updates regarding outages on social media at least every #dh hours2 7,b7 provide updates on a publicly accessible website at least every #dh hours2 7,c7 develop methods for notifying mariners where cellular connectivity does not exist2 7,d7 generate receipt confirmation and acknowledgment of outages from mariners2 and 7,e7 develop and advertise a web-based communications update hub on ,,am_/,,fm radio for mariners2 and 7#c7 identifies technology gaps necessary to implement the plan and provide a budgetary assessment necessary to implement the plan4 ,,iii ,maritime ,a ,shipping #cja4 ,nonoperating individual ,section #hcac7;b7 of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc7 is amended by striking the date that is #b years after the date of the enactment of this ,act and inserting ,january #a1 #bjbe4 #cjb4 ,oceanographic research vessels 7a7 ,report required ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation1 in consultation with the ,secretary of the department in which the ,coast ,guard is operating1 shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report detailing the total number of vessels known or estimated to operate or to have operated under section #ejejc of title #df1 ,united ,states ,code1 during each of the past #aj fiscal years4 7b7 ,contents ,the report required by subsection 7a7 shall include the following elements3 7#a7 ,the total number of foreign-flagged vessels known or estimated to operate or to have operated as oceanographic research vessels 7as such term is defined in section #baja of title #df1 ,united ,states ,code7 during each of the past #aj fiscal years4 7#b7 ,the total number of ,united ,states-flagged vessels known or estimated to operate or to have operated as oceanographic research vessels 7as such term is defined section #baja of title #df1 ,united ,states ,code7 during each of the past #aj fiscal years4 #cjc4 ,atlantic ,coast port access routes briefing ,not later than #cj days after the date of enactment of this ,act1 and every #cj days thereafter until the requirements of section #gjjjc of title #df1 ,united ,states ,code1 are fully executed with respect to the ,atlantic ,coast ,port ,access ,route1 the ,secretary of the department in which the ,coast ,guard is operating shall brief the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate on any progress made to execute such requirements4 ,b ,vessel ,safety #cjd4 ,fishing vessel safety 7a7 ,in general ,chapter #de of title #df1 ,united ,states ,code1 is amended-- 7#a7 in section #dejb7;f77#b7 by striking certain vessels described in subsection 7b7 if requested by the owner or operator2 and and inserting vessels described in subsection 7b7 if-- 7,a7 requested by an owner or operator2 or 7,b7 the vessel is-- 7i7 at least #ej feet overall in length2 7ii7 built before ,july #a1 #bjac2 and 7iii7 #be years of age or older2 and 2 7#b7 in section #dejc7;b7 by striking ,except as provided in section #dejc;a1 subsection 7a7 and inserting ,subsection 7a72 and 7#c7 by repealing section #dejc;a4 7b7 ,alternative safety compliance agreements ,nothing in this section or the amendments made by this section shall be construed to affect or apply to any alternative compliance and safety agreement entered into by the ,coast ,guard that is in effect on the date of enactment of this ,act4 7c7 ,conforming amendments ,the table of sections in chapter #de of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #dejc;a4 #cje4 ,requirements for ,,dukw-type amphibious passenger vessels 7a7 ,regulations required ,not later than #a year after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard shall issue regulations for ,,dukw-type amphibious passenger vessels operating in waters subject to the jurisdiction of the ,united ,states1 as defined in section #b4ch of title #cc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7b7 ,deadline for compliance ,the regulations issued under subsection 7a7 shall take effect not later than #bd months after the date of enactment of this ,act4 7c7 ,requirements ,the regulations required under subsection 7a7 shall include the following3 7#a7 ,a requirement that operators of ,,dukw-type amphibious passenger vessels provide reserve buoyancy for such vessels through passive means1 including watertight compartmentalization1 built-in flotation1 or such other means as determined appropriate by the ,commandant1 in order to ensure that such vessels remain afloat and upright in the event of flooding1 including when carrying a full complement of passengers and crew4 7#b7 ,a requirement that an operator of a ,,dukw-type amphibious passenger vessel-- 7,a7 review and notate the forecast of the ,national ,weather ,service of the ,national ,oceanic and ,atmospheric ,administration in the logbook of the vessel before getting underway and periodically while underway2 7,b7 proceed to the nearest harbor or safe refuge in any case in which a watch or warning is issued for wind speeds exceeding the wind speed equivalent used to certify the stability of such ,,dukw-type amphibious passenger vessel2 and 7,c7 maintain and monitor a weather monitor radio receiver at the operator station of the vessel that is automatically activated by the warning alarm device of the ,national ,weather ,service4 7#c7 ,a requirement that-- 7,a7 operators of ,,dukw-type amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations2 7,b7 before the commencement of waterborne operations1 a crew member shall visually check that the seatbelt of each passenger is unbuckled2 and 7,c7 operators or crew maintain a log recording the actions described in subparagraphs 7,a7 and 7,b74 7#d7 ,a requirement for annual training for operators and crew of ,,dukw-type amphibious passengers vessels1 including-- 7,a7 training for personal flotation and seat belt requirements1 verifying the integrity of the vessel at the onset of each waterborne departure1 identification of weather hazards1 and use of ,national ,weather ,service resources prior to operation2 and 7,b7 training for crew to respond to emergency situations1 including flooding1 engine compartment fires1 man-overboard situations1 and in water emergency egress procedures4 7d7 ,consideration ,in issuing the regulations required under subsection 7a71 the ,commandant shall consider whether personal flotation devices should be required for the duration of the waterborne transit of a ,,dukw-type amphibious passenger vessel4 7e7 ,interim requirements ,beginning on the date on which the regulations under subsection 7a7 are issued1 the ,commandant shall require that operators of ,,dukw-type amphibious passenger vessels that are not in compliance with such regulations shall be subject to the following requirements3 7#a7 ,remove the canopies and any window coverings of such vessels for waterborne operations1 or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking4 7#b7 ,if a canopy and window coverings are removed from any such vessel pursuant to paragraph 7#a71 require that all passengers wear a personal flotation device approved by the ,coast ,guard before the onset of waterborne operations of such vessel4 7#c7 ,reengineer such vessels to permanently close all unnecessary access plugs and reduce all through-hull penetrations to the minimum number and size necessary for operation4 7#d7 ,install in such vessels independently powered electric bilge pumps that are capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement an operable ,higgins pump or a dewatering pump of equivalent or greater capacity4 7#e7 ,install in such vessels not fewer than #d independently powered bilge alarms4 7#f7 ,conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered4 7#g7 ,verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel4 7#h7 ,install underwater ,,led lights that activate automatically in an emergency4 7#i7 ,otherwise comply with any other provisions of relevant ,coast ,guard guidance or instructions in the inspection1 configuration1 and operation of such vessels4 #cjf4 ,exoneration and limitation of liability for small passengers vessels 7a7 ,restructuring ,chapter #cje of title #df1 ,united ,states ,code1 is amended-- 7#a7 by inserting the following before section #cjeja the following3 ,i ,general ,provisions 2 7#b7 by inserting the following before section #cjejc3 ,,ii ,exoneration and ,limitation of ,liability 2 and 7#c7 by redesignating sections #cjejc through #cjeab as sections #cjeba through #cjecj1 respectively4 7b7 ,definitions ,section #cjeja of title #df1 ,united ,states ,code1 is amended to read as follows3 #cjeja4 ,definitions ,in this chapter3 7#a7 ,covered small passenger vessel ,the term covered small passenger vessel-- 7,a7 means a small passenger vessel1 as defined in section #baja that is-- 7i7 not a wing-in-ground craft2 and 7ii7 carrying-- 7,i7 not more than #di passengers on an overnight domestic voyage2 and 7,,ii7 not more than #aej passengers on any voyage that is not an overnight domestic voyage2 and 7,b7 includes any wooden vessel constructed prior to ,march #aa1 #aiif1 carrying at least #a passenger for hire4 7#b7 ,owner ,the term owner includes a charterer that mans1 supplies1 and navigates a vessel at the charterer's own expense or by the charterer's own procurement4 4 7c7 ,clerical amendment ,the item relating to section #cjeja in the analysis for chapter #cje of title #df1 ,united ,states ,code1 is amended to read as follows3 #cjeja4 ,definitions4 4 7d7 ,applicability ,section #cjejb of title #df1 ,united ,states ,code1 is amended by inserting as to covered small passenger vessels1 and before as otherwise provided4 7e7 ,provisions requiring notice of claim or limiting time for bringing action ,section #cjebf of title #df1 ,united ,states ,code1 as redesignated by subsection 7a71 is amended-- 7#a7 in subsection 7a71 by inserting and covered small passenger vessels after seagoing vessels2 7#b7 in subsection 7b77#a71 by striking #f months and inserting #b years2 and 7#c7 in subsection 7b77#b71 by striking one year and inserting #b years4 7f7 ,tables of subchapters and tables of sections ,the table of sections for chapter #cje of title #df1 ,united ,states ,code1 is amended-- 7#a7 by inserting before section #cjeja the following3 ,,subchapter ,i--,general provisions 2 7#b7 by inserting after section #cjejb the following3 ,,subchapter ,,ii--,exoneration and limitation of liability 2 and 7#c7 by redesignating the items relating to sections #cjejc through #cjeab as items relating to sections #cjeba through #cjecj1 respectively4 7g7 ,conforming amendments ,title #df1 ,united ,states ,code1 is further amended-- 7#a7 in section #adcje7;a77#e71 by striking section #cjejf and inserting section #cjebd2 7#b7 in section #cjebc7;a71 as redesignated by subsection 7a71 by striking section #cjejf and inserting section #cjebd2 7#c7 in section #cjebd7;b71 as redesignated by subsection 7a71 by striking section #cjeje and inserting section #cjebc2 and 7#d7 in section #cjebe1 as redesignated by subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking sections #cjeje and #cjejf and inserting sections #cjebc and #cjebd2 7,b7 in paragraph 7#a7 by striking section #cjeje and inserting section #cjebc2 and 7,c7 in paragraph 7#b7 by striking section #cjejf7;b7 and inserting section #cjebd7;b74 #cjg4 ,automatic identification system requirements 7a7 ,requirement for fishing vessels ,to have automatic identification systems ,section #gjaad7;a77#a7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 by striking 1 while operating on the navigable waters of the ,united ,states12 7#b7 by redesignating subparagraphs 7,a7 through 7,d7 as clauses 7i7 through 7iv72 7#c7 by inserting before clauses 7i7 through 7iv71 as redesignated by paragraph 7#b71 the following3 7,a7 ,while operating on the navigable waters of the ,united ,states3 2 and 7#d7 by adding at the end the following3 7,b7 ,a vessel of the ,united ,states that is more than #fe feet overall in length1 while engaged in fishing1 fish processing1 or fish tendering operations on the navigable waters of the ,united ,states or in the ,united ,states exclusive economic zone4 4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,commerce for fiscal year #bjbb1 #e1jjj1jjj1 to remain available until expended1 to purchase automatic identification systems for fishing vessels1 fish processing vessels1 fish tender vessels more than #ej feet in length1 as described under this section and the amendments made by this section4 ,c ,shipbuilding ,program #cjh4 ,qualified vessel 7a7 ,eligible vessel ,section #eceja7b7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a77iii7 by striking and at the end2 7#b7 in subparagraph 7,b77v7 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7,c7 a ferry1 as such term is defined in section #baja2 and 7,d7 a passenger vessel or small passenger vessel1 as such terms are defined in section #baja1 that has a passenger capacity of #ej passengers or greater4 4 7b7 ,qualified vessel ,section #eceja7e7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a77iii7 by striking and at the end2 7#b7 in subparagraph 7,b77v7 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7,c7 a ferry1 as such term is defined in section #baja2 and 7,d7 a passenger vessel or small passenger vessel1 as such terms are defined in section #baja1 that has a passenger capacity of #ej passengers or greater4 4 #cji4 ,establishing a capital construction fund ,section #ecejc7;b7 of title #df1 ,united ,states ,code1 is amended by inserting 7including transportation on a ferry1 passenger vessel1 or small passenger vessel1 as such terms are defined in section #baja1 that has a passenger capacity of #ej passengers or greater7 after short sea transportation4 ,,iv ,federal ,maritime ,commission #dja4 ,short title ,this title may be cited as the ,ocean ,shipping ,reform ,act of #bjbb4 #djb4 ,purposes ,section #djaja of title #df1 ,united ,states ,code1 is amended by striking paragraphs 7#b7 through 7#d7 and inserting the following3 7#b7 ensure an efficient and competitive transportation system for the common carriage of goods by water in the foreign commerce of the ,united ,states that is1 as far as possible1 in harmony with fair and equitable international shipping practices2 7#c7 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 ,states2 7#d7 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 marketplace2 and 7#e7 promote reciprocal trade in the common carriage of goods by water in the foreign commerce of the ,united ,states4 4 #djc4 ,service contracts ,section #djejb of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#g7 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#h7 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7#i7 any other essential terms or minimum contract requirements that the ,federal ,maritime ,commission determines necessary or appropriate4 2 and 7#b7 by adding at the end the following3 7g7 ,service contract requirement ,with respect to service contracts entered into under this section1 a common carrier shall establish1 observe1 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 7c77#i74 4 #djd4 ,shipping exchange registry 7a7 ,in general ,chapter #dje of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #djejd4 ,shipping exchange registry 7a7 ,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 section4 7b7 ,registration ,a person shall register a shipping exchange by filing with the ,federal ,maritime ,commission an application for registration in such form as the ,commission1 by rule1 may prescribe containing the rules of the exchange and such other information and documents as the ,commission1 by rule1 may prescribe as necessary or appropriate in the public interest4 7c7 ,exemption ,the ,commission may exempt1 conditionally or unconditionally1 a shipping exchange from registration and licensing under this section if the ,commission finds that the shipping exchange is subject to comparable1 comprehensive supervision and regulation by the appropriate governmental authorities in the home country of the shipping exchange4 7d7 ,regulations ,in issuing regulations pursuant to subsection 7a71 the ,commission shall set standards necessary to carry out subtitle ,,iv for registered national shipping exchanges1 including the minimum requirements for service contracts established under section #djejb1 and issue licenses for registered national shipping exchanges4 7e7 ,definition ,in this subsection1 the term shipping exchange means a platform1 digital1 over-the-counter or otherwise1 which connects shippers with common carriers 7both vessel-operating and non-vessel-operating7 for the purpose of entering into underlying agreements or contracts for the transport of cargo1 by vessel or other modes of transportation4 4 7b7 ,applicability ,the registration requirement under section #djejd of title #df1 ,united ,states ,code 7as added by this section71 shall take effect on the date on which the ,federal ,maritime ,commission issues regulations required under subsection 7d7 of such section4 7c7 ,clerical amendment ,the analysis for chapter #dje of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #djejd4 ,shipping exchange registry4 4 #dje4 ,data collection 7a7 ,in general ,chapter #daa of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #daaaj4 ,data collection 7a7 ,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 #bj-;foot equivalent units per vessel 7making port in the ,united ,states1 including any territory or possession of the ,united ,states7 operated by such common carrier4 7b7 ,prohibition on duplication ,data required to be reported under subsection 7a7 may not duplicate information-- 7#a7 submitted to the ,corps of ,engineers pursuant to section #aa of the ,act entitled ,an ,act authorizing the construction1 repair1 and preservation of certain public works on rivers and harbors1 and for other purposes1 approved ,september #bb1 #aibb 7#cc ,u4,s4,c4 #eee71 by an ocean common carrier acting as a vessel operator2 or 7#b7 submitted pursuant to section #dha of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adha7 to ,u4,s4 ,customs and ,border ,protection by merchandise importers4 4 7b7 ,clerical amendment ,the analysis for chapter #daa of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #daaaj4 ,data collection4 4 #djf4 ,national shipper advisory committee 7a7 ,national shipper advisory committee ,section #dbejb7;c77#c7 of title #df1 ,united ,states ,code1 is amended by inserting 1 including customs brokers or freight forwarders after ocean common carriers each place such term occurs4 7b7 ,analysis ,the analysis for chapter #dbe of title #df1 ,united ,states ,code1 is amended by inserting before the item relating to section #dbeja the following3 ,sec4 4 #djg4 ,annual report and public disclosures 7a7 ,report on foreign laws and practices ,section #dfajf7;b7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#e7 by striking and at the end2 7#b7 in paragraph 7#f7-- 7,a7 by striking under this part and inserting under chapter #djc2 and 7,b7 by striking the period and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#g7 an identification of any anticompetitive or nonreciprocal trade practices by ocean common carriers2 7#h7 an analysis of any trade imbalance resulting from the business practices of ocean common carriers1 including an analysis of the data collected under section #daaaj2 and 7#i7 an identification of any otherwise concerning practices by ocean common carriers1 particularly such carriers that are-- 7,a7 ,state-owned or ,state-controlled enterprises2 or 7,b7 owned or controlled by1 is a subsidiary of1 or is otherwise related legally or financially 7other than a minority relationship or investment7 to a corporation based in a country-- 7i7 identified as a nonmarket economy country 7as defined in section #gga7ah7 of the ,tariff ,act of 7 ,u4,s4,c4 #afgg7ah777 as of the date of enactment of this paragraph2 7ii7 identified by the ,united ,states ,trade ,representative in the most recent report required by section #ahb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbdb7 as a priority foreign country under subsection 7a77#b7 of that section2 or 7iii7 subject to monitoring by the ,trade ,representative under section #cjf of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaf74 4 7b7 ,public disclosure 7#a7 ,in general ,section #dfajf of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,public disclosures ,the ,federal ,maritime ,commission shall publish1 and annually update1 on the website of the ,commission-- 7#a7 all findings by the ,commission of false certifications by common carriers or marine terminal operators under section #daajd7;a77#ae72 and 7#b7 all penalties imposed or assessed against common carriers or marine terminal operators1 as applicable1 under sections #daajg1 #daajh1 and #daaji1 listed by each common carrier or marine terminal operator4 4 7#b7 ,conforming and clerical amendments 7,a7 ,conforming amendment ,the heading for section #dfajf of title #df1 ,united ,states ,code1 is amended by inserting and public disclosure after report4 7,b7 ,clerical amendment ,the analysis for chapter #dfa of title #df1 ,united ,states ,code1 is amended by striking the item related to section #dfajf and inserting the following3 #dfajf4 ,annual report and public disclosure4 4 #djh4 ,general prohibitions ,section #daajb of title #df1 ,united ,states ,code1 is amended by adding by adding at the end the following3 7d7 ,prohibition on retaliation ,a common carrier1 marine terminal operator1 or ocean transportation intermediary1 either alone or in conjunction with any other person1 directly or indirectly1 may not retaliate against a shipper1 a shipper's agent1 or a motor carrier by refusing1 or threatening to refuse1 cargo space accommodations when available1 or resort to other unfair or unjustly discriminatory methods because the shipper has patronized another carrier1 has filed a complaint1 or for any other reason4 7e7 ,certification ,a common carrier or marine terminal operator shall not charge any other person demurrage or detention charges under a tariff1 marine terminal schedule1 service contract1 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 ,commission4 ,the certification requirement only applies to the entity that establishes the charge1 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 certification1 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 charge4 4 #dji4 ,prohibition on unreasonably declining cargo 7a7 ,unreasonably declining cargo ,section #daajd of title #df1 ,united ,states ,code1 is amended in subsection 7a7-- 7#a7 by striking paragraph 7#c7 and inserting the following3 7#c7 engage in practices that unreasonably reduce shipper accessibility to equipment necessary for the loading or unloading of cargo2 2 7#b7 in paragraph 7#ab7 by striking 2 or and inserting a semicolon2 7#c7 in paragraph 7#ac7 by striking the period and inserting a semicolon2 and 7#d7 by adding at the end the following3 7#ad7 fail to furnish or cause a contractor to fail to furnish containers or other facilities and instrumentalities needed to perform transportation services1 including allocation of vessel space accommodations1 in consideration of reasonably foreseeable import and export demands2 or 7#ae7 unreasonably decline export cargo bookings if such cargo can be loaded safely and timely1 as determined by the ,commandant of the ,coast ,guard1 and carried on a vessel scheduled for the immediate destination of such cargo4 4 7b7 ,rulemaking on unreasonably declining cargo 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,commission shall initiate a rulemaking proceeding to define the term unreasonably decline for the purposes of subsection 7a77#ae7 of section #daajd of title #df1 ,united ,states ,code 7as added by subsection 7a774 7#b7 ,contents ,the rulemaking under paragraph 7#a7 shall address the unreasonableness of ocean common carriers prioritizing the shipment of empty containers while excluding1 limiting1 or otherwise reducing the shipment of full1 loaded containers when such containers are readily available to be shipped and the appurtenant vessel has the weight and space capacity available to carry such containers if loaded in a safe and timely manner4 #daj4 ,detention and demurrage 7a7 ,in general ,section #daajd of title #df1 ,united ,states ,code1 is further amended by adding at the end the following3 7d7 ,certification ,failure of a common carrier to include a certification under section #daajb7;e7 alongside any demurrage or detention charge shall eliminate any obligation of the charged party to pay the applicable charge4 7e7 ,demurrage and detention practices and charges ,notwithstanding any other provision of law and not later than #cj days of the date of enactment of this subsection1 a common carrier or marine terminal operator1 shall-- 7#a7 act in a manner consistent with any rules or regulations concerning demurrage or detention issued by the ,commission2 7#b7 maintain all records supporting the assessment of any demurrage or detention charges for a period of #e years and provide such records to the invoiced party or to the ,commission on request2 and 7#c7 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 unreasonable4 7f7 ,penalties for false or inaccurate certified demurrage or detention charges ,in the event of a finding that the certification under section #daajb7;e7 was inaccurate1 or false after submission under section #dacja1 penalties under section #daajg shall be applied if the ,commission determines1 in a separate enforcement proceeding1 such certification was inaccurate or false4 4 7b7 ,rulemaking on detention and demurrage 7#a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,federal ,maritime ,commission shall initiate a rulemaking proceeding to establish rules prohibiting common carriers and marine terminal operators from adopting and applying unjust and unreasonable demurrage and detention rules and practices4 7#b7 ,contents ,the rulemaking under paragraph 7#a7 shall address the issues identified in the final rule published on ,may #ah1 #bjbj1 titled ,interpretive ,rule on ,demurrage and ,detention ,under the ,shipping ,act 7#he ,fed4 ,reg4 #bifch71 including the following3 7,a7 ,establishing clear and uniform definitions for demurrage1 detention1 cargo availability for retrieval and associated free time1 and other terminology used in the rule1 including establishing a definition for cargo availability for retrieval that accounts for government inspections4 7,b7 ,establishing that demurrage and detention rules are not independent revenue sources but incentivize efficiencies in the ocean transportation network1 including the retrieval of cargo and return of equipment4 7,c7 ,prohibiting the consumption of free time or collection of demurrage and detention charges when obstacles to the cargo retrieval or return of equipment are within the scope of responsibility of the carrier or their agent and beyond the control of the invoiced or contracting party4 7,d7 ,prohibiting the commencement or continuation of free time unless cargo is available for retrieval and timely notice of cargo availability has been provided4 7,e7 ,prohibiting the consumption of free time or collection of demurrage charges when marine terminal appointments are not available during the free time period4 7,f7 ,prohibiting the consumption of free time or collection of detention charges on containers when the marine terminal required for return is not open or available4 7,g7 ,requiring common carriers to provide timely notice of-- 7i7 cargo availability after vessel discharge2 7ii7 container return locations2 and 7iii7 advance notice for container early return dates4 7,h7 ,establishing minimum billing requirements1 including timeliness and supporting information that shall be included in or with invoices for demurrage and detention charges that will allow the invoiced party to validate the charges4 7,i7 ,requiring common carriers and marine terminal operators to establish reasonable dispute resolution policies and practices4 7,j7 ,establishing the responsibilities of shippers1 receivers1 and draymen with respect to cargo retrieval and equipment return4 7,k7 ,clarifying rules for the invoicing of parties other than the shipper for any demurrage1 detention1 or other similar per container charges1 including determining whether such parties should be billed at all4 7c7 ,rulemaking on minimum service standards ,not later than #ij days after the date of enactment of this ,act1 the ,commission shall initiate a rulemaking proceeding to incorporate subsections 7d7 through 7f7 of #daajd of title #df1 ,united ,states ,code1 7as added by section #daj7 which shall include the following3 7#a7 ,the obligation to adopt reasonable rules and practices related to or connected with the furnishing and allocation of adequate and suitable equipment1 vessel space accommodations1 containers1 and other instrumentalities necessary for the receiving1 loading1 carriage1 unloading and delivery of cargo4 7#b7 ,the duty to perform the contract of carriage with reasonable dispatch4 7#c7 ,the requirement to carry ,united ,states export cargo if such cargo can be loaded safely and timely1 as determined by the ,commandant of the ,coast ,guard1 and carried on a vessel scheduled for such cargo's immediate destination4 7#d7 ,the requirement of ocean common carriers to establish contingency service plans to address and mitigate service disruptions and inefficiencies during periods of port congestion and other market disruptions4 #daa4 ,assessment of penalties 7a7 ,assessment of penalties ,section #daaji of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting or1 in addition to or in lieu of a civil penalty1 order the refund of money after this part2 and 7,b7 by inserting or refund of money after conditions1 a civil penalty2 7#b7 in subsection 7c7 by inserting or refund of money after civil penalty2 7#c7 in subsection 7e7 by inserting or order a refund of money after civil penalty2 and 7#d7 in subsection 7f7 by inserting or who is ordered to refund money after civil penalty is assessed4 7b7 ,additional penalties ,section #daajh7;a7 of title #df1 ,united ,states ,code1 is amended by striking section #daajd7a71 7#b71 or 7#g7 and inserting subsections 7d7 or 7e7 of section #daajb or paragraph 7#a71 7#b71 7#g71 7#ad71 or 7#ae7 of section #daajd7;a74 7c7 ,conforming amendment ,section #dacji of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting or refund of money after payment of reparation2 and 7,b7 by inserting or to whom the refund of money was ordered after award was made2 and 7#b7 in subsection 7b7 by inserting or refund of money after award of reparation4 7d7 ,award of reparations ,section #dacje7;c7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 by inserting or 7c7 after #daajb7;b72 and 7#b7 by inserting 1 or if the ,commission determines that a violation of section #daajb7;e7 was made willfully or knowingly after of this title4 #dab4 ,investigations ,section #dacjb of title #df1 ,united ,states ,code1 is amended by striking or agreement and inserting 1 agreement1 fee1 or charge4 #dac4 ,injunctive relief ,section #dacjg7;b7 to title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 in the heading by striking and third parties2 and 7,b7 by striking the second sentence2 and 7#b7 by adding at the end the following3 7#e7 ,third party intervention ,the court may allow a third party to intervene in a civil action brought under this section4 4 #dad4 ,technical amendments 7a7 ,federal maritime commission ,the analysis for chapter #dfa of title #df1 ,united ,states ,code1 is amended by striking the first item relating to chapter #dfa4 7b7 ,assessment of penalties ,section #daaji7;c7 of title #df1 ,united ,states ,code1 is amended by striking section #daajd7a7 or 7#b7 and inserting paragraph 7#a7 or 7#b7 of section #daajd7;a74 7c7 ,national shipper advisory committee ,section #dbejb7;c77#c7 of title #df1 ,united ,states ,code is amended by striking ,representation and all that follows through ,members and inserting ,representation4--,members4 #dae4 ,authorization of appropriations ,section #dfajh of title #df1 ,united ,states ,code1 is amended by striking #bi1jhf1hhh for fiscal year #bjbj and #bi1fci1ech for fiscal year #bjba and inserting #cb1fjc1dib for fiscal year #bjbb and #ce1hfc1hdb for fiscal year #bjbc4 #daf4 ,,nas study on supply chain industry 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall seek to enter into an agreement with the ,national ,academy of ,sciences under which the ,national ,academy shall conduct a study on the ,united ,states supply chain that examines data constraints that impede the flow of maritime cargo and add to supply chain inefficiencies and that identifies data sharing systems that can be employed to improve the functioning of the ,united ,states supply chain4 7b7 ,contents ,the study required under subsection 7a7 shall include-- 7#a7 the identification of where bottlenecks or chokepoints are most prominent within the ,united ,states supply chain2 7#b7 the identification of what common shipping data is created with each hand-off of a container through the ,united ,states supply chain and how such data is stored and shared2 7#c7 the identification of critical data elements used by any entity covered by subsection 7c71 including the key elements used for various supply chain business processes2 7#d7 a review of the methodology used to store1 access1 and disseminate shipping data across the ,united ,states supply chain and evaluation of the inefficiencies in such methodology2 7#e7 an analysis of existing and potential impediments to the free flow of information among entities covered by subsection 7c71 including-- 7,a7 identification of barriers that prevent carriers1 terminals1 and shippers from having access to commercial data2 and 7,b7 any inconsistencies in-- 7i7 terminology used across data elements connected to the shipment1 arrival1 and unloading of a shipping container2 and 7ii7 the classification systems used across the ,united ,states supply chain1 including inconsistencies in the names of entities covered by subsection 7c71 geographical names1 and terminology2 7#f7 the identification of information to be included in an improved data sharing system designed to plan1 execute1 and monitor the optimal loading and unloading of maritime cargo2 and 7#g7 the identification of existing software and data sharing platforms available to facilitate propagation of information to all agents involved in the loading and unloading of maritime cargo and evaluate the effectiveness of such software and platforms if implemented4 7c7 ,collection of information ,in conducting the study required under subsection 7a71 the ,national ,academy of ,sciences shall collect information from-- 7#a7 vessel operating common carriers and non-vessel operating common carriers2 7#b7 marine terminal operators2 7#c7 commercial motor vehicle operators2 7#d7 railroad carriers2 7#e7 chassis providers2 7#f7 ocean transportation intermediaries2 7#g7 custom brokers2 7#h7 freight forwarders2 7#i7 shippers and cargo owners2 7#aj7 the ,national ,shipper ,advisory ,committee2 7#aa7 relevant government agencies1 such as the ,federal ,maritime ,commission1 the ,surface ,transportation ,board1 and the ,united ,states ,customs and ,border ,protection2 7#ab7 to the extent practicable1 representatives of foreign countries and maritime jurisdictions outside of the ,united ,states2 and 7#ac7 any other entity involved in the transportation of ocean cargo and the unloading of cargo upon arrival at a port4 7d7 ,facilitation of data sharing ,in carrying out the study under subsection 7a71 the ,national ,academy of ,sciences may solicit information from any relevant agency relating to the ,united ,states supply chain4 7e7 ,report ,not later than #ah months after entering into an arrangement with the ,secretary under subsection 7a71 the ,national ,academy of ,sciences shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make available on a publicly accessible website1 a report containing-- 7#a7 the study required under subsection 7a72 7#b7 the information collected under subsections 7b7 and 7c71 excluding any personally identifiable information or sensitive business information2 and 7#c7 any recommendations for-- 7,a7 common data standards to be used in the ,united ,states supply chain2 and 7,b7 policies and protocols that would streamline information sharing across the ,united ,states supply chain4 #dag4 ,temporary emergency authority 7a7 ,public input on information sharing 7#a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,federal ,maritime ,commission shall issue a request for information seeking public comment regarding-- 7,a7 whether congestion of the common carriage of goods has created an emergency situation of a magnitude such that there exists a substantial adverse effect on the competitiveness and reliability of the international ocean transportation supply system2 7,b7 whether an emergency order described in subsection 7b7 would alleviate such an emergency situation2 and 7,c7 the appropriate scope of such an emergency order1 if applicable4 7#b7 ,consultation ,during the public comment period under paragraph 7#a71 the ,commission may consult1 as the ,commission determines to be appropriate1 with-- 7,a7 other ,federal departments and agencies2 and 7,b7 persons with expertise relating to maritime and freight operations4 7b7 ,authority to issue emergency order requiring information sharing ,on making a unanimous determination described in subsection 7c71 the ,commission may issue an emergency order requiring any common carrier or marine terminal operator to share directly with relevant shippers1 rail carriers1 or motor carriers information relating to cargo throughput and availability1 in order to ensure the efficient transportation1 loading1 and unloading of cargo to or from-- 7#a7 any inland destination or point of origin2 7#b7 any vessel2 or 7#c7 any point on a wharf or terminal4 7c7 ,description of determination 7#a7 ,in general ,a determination referred to in subsection 7b7 is a unanimous determination by the ,commission that congestion of common carriage of goods has created an emergency situation of a magnitude such that there exists a substantial adverse effect on the competitiveness and reliability of the international ocean transportation supply system4 7#b7 ,factors for consideration ,in issuing an emergency order under subsection 7b71 the ,commission shall ensure that such order includes parameters relating to temporal and geographic scope1 taking into consideration the likely burdens on ocean carriers and marine terminal operators and the likely benefits on congestion relating to the purposes described in section #djaja of title #df1 ,united ,states ,code4 7d7 ,petitions for exception 7#a7 ,in general ,a common carrier or marine terminal operator subject to an emergency order issued under this section may submit to the ,commission a petition for exception from #a or more requirements of the emergency order1 based on a showing of undue hardship or other condition rendering compliance with such a requirement impractical4 7#b7 ,determination ,not later than #ba days after the date on which a petition for exception under paragraph 7#a7 is submitted1 the ,commission shall determine whether to approve or deny such petition by majority vote4 7#c7 ,inapplicability pending review ,the requirements of an emergency order that is the subject of a petition for exception under this subsection shall not apply to a petitioner during the period for which the petition is pending4 7e7 ,limitations 7#a7 ,term ,an emergency order issued under this section shall remain in effect for a period of not longer than #fj days4 7#b7 ,renewal ,the ,commission may renew an emergency order issued under this section for an additional term by a unanimous determination by the ,commission4 7f7 ,sunset ,the authority provided by this section shall terminate on the date that is #b years after the date of enactment of this ,act4 7g7 ,definitions ,in this section3 7#a7 ,common carrier ,the term common carrier has the meaning given such term in section #djajb of title #df1 ,united ,states ,code4 7#b7 ,motor carrier ,the term motor carrier has the meaning given such term in section #acajb of title #di1 ,united ,states ,code4 7#c7 ,rail carrier ,the term rail carrier has the meaning given such term in section #ajajb of title #di1 ,united ,states ,code4 7#d7 ,shipper ,the term shipper has the meaning given such term in section #djajb of title #df1 ,united ,states ,code4 #dah4 ,terms and vacancies ,section #dfaja7;b7 of title #df1 ,united ,states ,code1 is amended by-- 7#a7 in paragraph 7#b7-- 7,a7 by striking one year and inserting #b years2 and 7,b7 by striking #b terms and inserting #c terms2 and 7#b7 in paragraph 7#c7-- 7,a7 by striking of the individual being succeeded and inserting to which such individual is appointed2 7,b7 by striking #b terms and inserting #c terms2 and 7,c7 by striking the predecessor of that and inserting such4 ,v ,miscellaneous ,a ,navigation #eja4 ,restriction on changing salvors ,section #caa7;c77#c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;c77#c77 is amended by adding at the end the following3 7,c7 ,an owner or operator may not change salvors as part of a deviation under subparagraph 7,b7 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 7j74 7,d7 ,in any case in which the ,coast ,guard authorizes a deviation from the salvor as part of a deviation under subparagraph 7,b7 from the applicable response plan required under subsection 7j71 the ,commandant shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report describing the deviation and the reasons for such deviation4 4 #ejb4 ,providing requirements for vessels anchored in established anchorage grounds 7a7 ,in general ,section #gjjjf of title #df1 ,united ,states ,code1 is amended to read as follows3 #gjjjf4 ,anchorage grounds 7a7 ,anchorage grounds 7#a7 ,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 waters4 7#b7 ,relevant factors for establishment ,in carrying out paragraph 7#a71 the ,secretary shall take into account all relevant factors concerning navigational safety1 protection of the marine environment1 proximity to undersea pipelines and cables1 safe and efficient use of ,marine ,transportation ,system1 and national security4 7b7 ,vessel requirements ,vessels1 of certain sizes or type determined by the ,secretary1 shall-- 7#a7 set and maintain an anchor alarm for the duration of an anchorage2 7#b7 comply with any directions or orders issued by the ,captain of the ,port2 and 7#c7 comply with any applicable anchorage regulations4 7c7 ,prohibitions ,a vessel may not-- 7#a7 anchor in any ,federal navigation channel unless authorized or directed to by the ,captain of the ,port2 7#b7 anchor in near proximity1 within distances determined by the ,coast ,guard1 to an undersea pipeline or cable1 unless authorized or directed to by the ,captain of the ,port2 and 7#c7 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 weather1 navigational hazard1 a threat to the environment1 or other safety or security concern4 7d7 ,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 property4 4 7b7 ,regulatory review 7#a7 ,review required ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the department in which the ,coast ,guard is operating shall complete a review of existing anchorage regulations and identify regulations that may need modification-- 7,a7 in the interest of marine safety1 security1 and environmental concerns1 taking into account undersea pipelines1 cables1 or other infrastructure2 and 7,b7 to implement the amendments made by this section4 7#b7 ,briefing ,upon completion of the review under paragraph 7#a71 but not later than #b years after the date of enactment of this ,act1 the ,secretary shall provide a briefing to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,subcommittee on ,coast ,guard and ,maritime ,transportation of the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that summarizes the review4 7c7 ,clerical amendment ,the table of sections for chapter #gjj of title #df1 ,united ,states ,code1 is amended by striking the item relating to section #gjjjf and inserting the following3 #gjjjf4 ,anchorage grounds4 4 7d7 ,applicability of regulations ,the amendments made by subsection 7a7 may not be construed to alter any existing rules1 regulations1 or final agency actions issued under section #gjjjf of title #df1 ,united ,states ,code1 as in effect on the day before the date of enactment of this ,act until all regulations required under subsection 7b7 take effect4 #ejc4 ,aquatic ,nuisance ,species ,task ,force 7a7 ,recreational vessel defined ,section #ajjc of the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgjb7 is amended-- 7#a7 by redesignating paragraphs 7#ac7 through 7#ag7 as paragraphs 7#ae7 through 7#ai71 respectively2 and 7#b7 by inserting after paragraph 7#ab7 the following3 7#ac7 ,state means each of the several ,states1 the ,district of ,columbia1 ,american ,samoa1 ,guam1 ,puerto ,rico1 the ,northern ,mariana ,islands1 and the ,virgin ,islands of the ,united ,states2 7#ad7 recreational vessel has the meaning given that term in section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb72 4 7b7 ,observers ,section #abja of the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgba7 is amended by adding at the end the following3 7g7 ,observers ,the chairpersons designated under subsection 7d7 may invite representatives of nongovernmental entities to participate as observers of the ,task ,force4 4 7c7 ,aquatic ,nuisance ,species ,task ,force ,section #abja7;b7 of the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgba7;b77 is amended-- 7#a7 in paragraph 7#f71 by striking and at the end2 7#b7 by redesignating paragraph 7#g7 as paragraph 7#aj72 and 7#c7 by inserting after paragraph 7#f7 the following3 7#g7 the ,director of the ,national ,park ,service2 7#h7 the ,director of the ,bureau of ,land ,management2 7#i7 the ,commissioner of ,reclamation2 and 4 7d7 ,aquatic nuisance species program ,section #abjb of the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgbb7 is amended-- 7#a7 in subsection 7e7 by adding at the end the following3 7#d7 ,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-- 7,a7 effectively managing and controlling the movement of aquatic nuisance species into1 within1 or out of water of the ,united ,states2 and 7,b7 inspecting recreational vessels in a manner that minimizes disruptions to public access for boating and recreation in non-contaminated vessels4 7#e7 ,consultation ,in carrying out paragraph 7#d71 including the development of recommendations1 the ,task ,force may consult with-- 7,a7 ,state fish and wildlife management agencies2 7,b7 other ,state agencies that manage fishery resources of the ,state or sustain fishery habitat2 and 7,c7 relevant nongovernmental entities4 2 and 7#b7 in subsection 7k7 by adding at the end the following3 7#c7 ,not later than #ij days after the date of enactment of the ,don ,young ,coast ,guard ,authorization ,act of #bjbb1 the ,task ,force shall submit a report to ,congress recommending legislative1 programmatic1 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 species4 4 7e7 ,technical corrections and conforming amendments ,the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgja et seq47 is further amended-- 7#a7 in section #ajjb7;b77#b71 by inserting a comma after funded2 7#b7 in section #ajjc1 in paragraph 7#g71 by striking ,canandian and inserting ,canadian2 7#c7 in section #abjc7;a7-- 7,a7 in paragraph 7#a77;,f71 by inserting and after research12 and 7,b7 in paragraph 7#c71 by striking encourage and inserting encouraged2 7#d7 in section #abjd7;b77#d71 in the paragraph heading1 by striking ,adminisrative and inserting ,administrative2 and 7#e7 in section #abji1 by striking subsection 7a7 and inserting section #abjb7;a74 #ejd4 ,limitation on recovery for certain injuries incurred in aquaculture activities 7a7 ,in general ,section #cjajd of title #df1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7a7 ,in general4-- before the first sentence2 and 7#b7 by adding at the end the following3 7b7 ,limitation on recovery by aquaculture workers 7#a7 ,in general ,for purposes of subsection 7a71 the term seaman does not include an individual who-- 7,a7 is an aquaculture worker if ,state workers' compensation is available to such individual2 and 7,b7 was1 at the time of injury1 engaged in aquaculture in a place where such individual had lawful access4 7#b7 ,aquaculture worker defined ,in this subsection1 the term aquaculture worker means an individual who-- 7,a7 is employed by a commercial enterprise that is involved in the controlled cultivation and harvest of aquatic plants and animals1 including-- 7i7 the cleaning1 processing1 or canning of fish and fish products2 7ii7 the cultivation and harvesting of shellfish2 and 7iii7 the controlled growing and harvesting of other aquatic species2 7,b7 does not hold a license issued under section #gaja7;c72 and 7,c7 is not required to hold a merchant mariner credential under part ,f of subtitle ,,ii4 4 7b7 ,applicability ,the amendments made by this section shall apply to an injury incurred on or after the date of enactment of this ,act4 ,b ,other ,matters #eje4 ,information on type approval certificates 7a7 ,in general ,title ,,ix of the ,frank ,lo,biondo ,coast ,guard ,authorization ,act of #bjah 7,public ,law #aae-bhb7 is amended by adding at the end the following3 #ijd4 ,information on type approval certificates ,the ,commandant of the ,coast ,guard shall1 upon request by any ,state1 the ,district of ,columbia1 or territory of the ,united ,states1 provide all data possessed by the ,coast ,guard pertaining to challenge water quality characteristics1 challenge water biological organism concentrations1 post-treatment water quality characteristics1 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 #afb4jfj of title #df1 ,code of ,federal ,regulations4 4 7b7 ,clerical amendment ,the table of contents for the ,frank ,lo,biondo ,coast ,guard ,authorization ,act of #bjah 7,public ,law #aae-bhb7 is amended by inserting after the item relating to section #ijc the following3 #ijd4 ,information on type approval certificates4 4 #ejf4 ,passenger vessel security and safety requirements ,section #cejg7k77#a7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a7 by striking at least #bej and inserting #bej or more2 and 7#b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 has overnight accommodations for #bej or more passengers2 and 4 #ejg4 ,cargo waiting time reduction 7a7 ,interagency task force ,the ,president shall1 acting through the ,supply ,chain ,disruptions ,task ,force established under ,executive ,order #adjag 7relating to supply chains7 of ,february #bd1 #bjba 7#hf ,fed4 ,reg4 #aahdi7 7hereinafter referred to as the ,task ,force71 carry out the duties described in subsection 7c74 7b7 ,duties ,in carrying out this section1 the ,task ,force shall-- 7#a7 evaluate and quantify the economic and environmental impact of cargo backlogs2 7#b7 evaluate and quantify the costs incurred by each ,federal agency represented on the ,task ,force1 and by ,state and local governments1 due to such cargo backlogs2 7#c7 evaluate the responses of each such ,federal agency to such cargo backlogs2 and 7#d7 not later than #ij days after the date of enactment of this ,act-- 7,a7 develop a plan to-- 7i7 significantly reduce or eliminate such cargo backlog2 and 7ii7 reduce nationwide cargo processing delays1 including the ,port of ,los ,angeles and the ,port of ,long ,beach2 and 7,b7 submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report containing the plan developed under subparagraph 7,a74 7c7 ,report of the ,commandant ,no later than #ij days after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on cargo backlogs that includes-- 7#a7 an explanation of the extent to which vessels carrying cargo are complying with the requirements of chapter #gjj of title #df1 ,united ,states ,code2 7#b7 the status of the investigation on the cause of the oil spill that occurred in ,october #bjba on the waters over the ,san ,pedro ,shelf related to an anchor strike1 including the expected date on which the ,marine ,casualty ,investigation ,report with respect to such spill will be released2 and 7#c7 with respect to such vessels1 a summary of actions taken or planned to be taken by the ,commandant to-- 7,a7 provide additional protections against oil spills caused by anchor strikes2 and 7,b7 address other safety concerns and environmental impacts4 #ejh4 ,limited indemnity provisions in standby oil spill response contracts 7a7 ,in general ,subject to subsections 7b7 and 7c71 a contract for the containment or removal of a discharge entered into by the ,president under section #caa7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;c77 shall contain a provision to indemnify a contractor for liabilities and expenses incidental to the containment or removal arising out of the performance of the contract that is substantially identical to the terms contained in subsections 7d7 through 7h7 of section ,h4#d 7except for paragraph 7#a7 of subsection 7d77 of the contract offered by the ,coast ,guard in the solicitation numbered ,,dtcg#hi-ih- ,a-#fh;,f#iec1 dated ,november #ag1 #aiih4 7b7 ,requirements 7#a7 ,source of funds ,the provision required under subsection 7a7 shall include a provision that the obligation to indemnify is limited to funds available in the ,oil ,spill ,liability ,trust ,fund established by section #ieji7;a7 of the ,internal ,revenue ,code of #aihf at the time the claim for indemnity is made4 7#b7 ,uncompensated removal ,a claim for indemnity under a contract described in subsection 7a7 shall be made as a claim for uncompensated removal costs under section #ajab7;a77#d7 of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgab7;a77#d774 7#c7 ,limitation ,the total indemnity for a claim under a contract described in subsection 7a7 may not be more than #ej1jjj per incident4 7c7 ,applicability of exemptions ,notwithstanding subsection 7a71 the ,united ,states shall not be obligated to indemnify a contractor for any act or omission of the contractor carried out pursuant to a contract entered into under this section where such act or omission is grossly negligent or which constitutes willful misconduct4 #eji4 ,port ,coordination ,council for ,point ,spencer ,section #eda of the ,coast ,guard ,authorization ,act of #bjaf 7,public ,law #aad-abj7 is amended-- 7#a7 in subsection 7b7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,,bsnc 7to serve as ,council ,chair74 7#b7 ,the ,secretary of ,homeland ,security4 7#c7 ,an ,oil ,spill ,response ,organization that serves the area in which such ,port is located4 7#d7 ,the ,state4 2 7#b7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,b7 by adding and at the end2 and 7,b7 by striking subparagraphs 7,c7 and 7,d7 and inserting the following3 7,c7 land use planning and development at ,point ,spencer in support of the following activities within the ,bearing ,sea1 the ,chukchi ,sea1 and the ,arctic ,ocean3 7i7 ,search and rescue4 7ii7 ,shipping safety4 7iii7 ,economic development4 7iv7 ,oil spill prevention and response4 7v7 ,national security4 7vi7 ,major marine casualties4 7vii7 ,protection of ,alaska ,native archaeological and cultural resources4 7viii7 ,port of refuge1 arctic research1 and maritime law enforcement4 2 7#c7 by amending subsection 7c77#c7 to read as follows3 7#c7 ,facilitate coordination among members of the ,council on the development and use of the land and coastline of ,point ,spencer1 as such development and use relate to activities of the ,council at the ,port of ,point ,spencer4 2 and 7#d7 in subsection 7e7-- 7,a7 by striking ,operations and management costs and inserting the following3 7#a7 ,determination of costs ,operations and management costs 2 and 7,b7 by adding at the end the following3 7#b7 ,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 infrastructure1 including reactivating the airstrip at ,point ,spencer with appropriate technology and safety equipment in support of response operations1 there is authorized to be made available #e1jjj1jjj for each of fiscal years #bjbc through #bjbe from the interest generated from the ,oil ,spill ,liability ,trust ,fund4 4 #eaj4 ,western ,alaska oil spill planning criteria 7a7 ,western ,alaska oil spill planning criteria ,section #caa7;j77#e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;j77#e77 is amended by adding at the end the following3 7,j7 7i7 ,except as provided in clause 7iv7 7including with respect to ,cook ,inlet71 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 ,zone1 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 7ii71 which planning criteria shall1 with respect to a discharge of oil from the vessel1 apply in lieu of any alternative planning criteria approved for vessels operating in such area4 7ii7 ,the ,president shall establish planning criteria for a worst case discharge of oil1 and a substantial threat of such a discharge1 within the area of responsibility of ,western ,alaska ,captain of the ,port ,zone1 including planning criteria for the following3 7,i7 ,oil spill response resources that are required to be located within such area4 7,,ii7 ,response times for mobilization of oil spill response resources and arrival on the scene of a worst case discharge of oil1 or substantial threat of such a discharge1 occurring within such area4 7,,iii7 ,pre-identified vessels for oil spill response that are capable of operating in the ocean environment and required to be located within such area4 7,,iv7 ,real-time continuous vessel tracking1 monitoring1 and engagement protocols that detect and address vessel operation anomalies4 7,v7 ,vessel routing measures consistent with international routing measure deviation protocols4 7,,vi7 ,ensuring the availability of at least one oil spill removal organization that is classified by the ,coast ,guard and that-- 7aa7 is capable of responding in all operating environments in such area2 7bb7 controls oil spill response resources of dedicated and nondedicated resources within such area1 through ownership1 contracts1 agreements1 or other means approved by the ,president1 sufficient to mobilize and sustain a response to a worst case discharge of oil and to contain1 recover1 and temporarily store discharged oil2 and 7cc7 has pre-positioned oil spill response resources in strategic locations throughout such area in a manner that ensures the ability to support response personnel1 marine operations1 air cargo1 or other related logistics infrastructure4 7,,vii7 ,temporary storage capability using both dedicated and non-dedicated assets located within such area4 7,,viii7 ,non-mechanical oil spill response resources1 to be available under contracts1 agreements1 or other means approved by the ,president1 capable of responding to both a discharge of persistent oil and a discharge of non-persistent oil1 whether the discharged oil was carried by a vessel as fuel or cargo4 7,,ix7 ,with respect to tank barges carrying non-persistent oil in bulk as cargo1 oil spill response resources that are required to be carried on board4 7,x7 ,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 subsection4 7,,xi7 ,specifying a minimum length of time that approval of a response plan under this subparagraph is valid4 7,,xii7 ,ensuring compliance with requirements for the preparation and submission of vessel response plans established by regulations pursuant to this paragraph4 7iii7 ,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 7ii74 7iv7 ,nothing in this subparagraph affects-- 7,i7 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 ,inlet1 ,alaska2 7,,ii7 the requirements applicable to tank vessels operating within ,prince ,william ,sound ,captain of the ,port ,zone that are subject to section #ejje of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgce72 or 7,,iii7 the authority of a ,federal ,on-,scene ,coordinator to use any available resources when responding to an oil spill4 7v7 ,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 years4 7vi7 ,for purposes of this subparagraph1 the term ,western ,alaska ,captain of the ,port ,zone means the area described in section #c4he-ae of title #cc1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this subparagraph4 4 7b7 ,establishment of ,alaska oil spill planning criteria 7#a7 ,deadline ,not later than #b years after the date of enactment of this ,act1 the ,president shall establish the planning criteria required to be established under subparagraph 7,j7 of section #caa7;j77#e7 of the ,federal ,water ,pollution ,control ,act of 7#cc ,u4,s4,c4 #acba7;j77#e771 as added by this section4 7#b7 ,consultation ,in establishing such planning criteria1 the ,president shall consult with the ,state of ,alaska1 owners and operators of vessels subject to such planning criteria1 oil spill removal organizations1 ,alaska ,native organizations1 and environmental nongovernmental organizations located within the ,state of ,alaska4 7#c7 ,vessels in ,cook ,inlet ,unless otherwise authorized by the ,secretary of the department in which the ,coast ,guard1 a vessel may only operate in ,cook ,inlet1 ,alaska1 under a vessel response plan that meets the requirements of the national planning criteria established pursuant to section #caa7;j77#e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;j77#e774 7c7 ,congressional report ,not later than one year after the date of enactment of this ,act1 the ,secretary of the department in which the ,coast ,guard is operating shall submit to ,congress a report regarding the status of implementing the requirements of subparagraph 7,j7 of section #caa7;j77#e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba7;j77#e771 as added by this section4 #eaa4 ,nonapplicability ,requirements under sections #cejg7;d71 #cejg7;e71 #cejh1 and #ceji of title #df1 ,united ,states ,code1 shall not apply to the passenger vessel ,american ,queen 7,u4,s4 ,coast ,guard ,official ,number #ajcjgfe7 or any other passenger vessel-- 7#a7 on which construction identifiable with the specific vessel begins prior to the date of enactment of this ,act2 and 7#b7 to which sections #cejg and #cejh would otherwise apply when such vessels are operating inside the boundary line4 #eab4 ,report on enforcement of coastwise laws ,the ,commandant of the ,coast ,guard shall submit to ,congress a report describing any changes to the enforcement of chapters #aba and #eea of title #df1 ,united ,states ,code1 as a result of the amendments to section #d7;a77#a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accc7;a77#a77 made by section #iejc of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc74 #eac4 ,land conveyance1 ,sharpe ,army ,depot1 ,lathrop1 ,california ,not later than #a year after the date of enactment of this ,act1 the ,administrator of the ,maritime ,administration shall complete the land conveyance required under section #bhcc of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc74 #ead4 ,center of ,expertise for ,marine ,environmental ,response 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commandant of the ,coast ,guard1 in consultation with the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 shall establish a ,center of ,expertise for ,marine ,environmental ,response 7referred to in this section as the ,center of ,expertise7 in accordance with section #cac of title #ad1 ,united ,states ,code4 7b7 ,location ,the ,center of ,expertise shall be located in close proximity to-- 7#a7 an area of the country with quick access to ,state1 ,federal1 and international waters1 port and marine environments1 coastal and estuary environments1 and the intercoastal waterway2 7#b7 multiple ,coast ,guard sea and air stations2 7#c7 multiple ,federal agencies that are engaged in coastal and fisheries management2 7#d7 one or more designated national estuaries2 7#e7 ,state coastal and wildlife management agencies2 and 7#f7 an institution of higher education with adequate marine science search laboratory facilities and capabilities and expertise in coastal marine ecology1 ecosystems1 environmental chemistry1 fish and wildlife management1 coastal mapping1 water resources1 and marine technology development4 7c7 ,functions ,the ,center of ,expertise shall-- 7#a7 monitor and assess1 on an ongoing basis1 the state of knowledge regarding training1 education1 and technology development for marine environmental response protocols in ,state1 ,federal1 and international waters1 port and marine environments1 coastal and estuary environments1 and the intercoastal waterway2 7#b7 identify any significant gaps in research related to marine environmental response protocols1 including an assessment of major scientific or technological deficiencies in responses to past incidents in these waterways that are interconnected1 and seek to fill such gaps2 7#c7 conduct research1 development1 testing1 and evaluation for marine environmental response equipment1 technologies1 and techniques to mitigate and respond to environmental incidents in these waterways2 7#d7 educate and train ,federal1 ,state1 and local first responders in-- 7,a7 the incident command system structure2 7,b7 marine environmental response techniques and strategies2 and 7,c7 public affairs2 and 7#e7 work with academic and private sector response training centers to develop and standardize marine environmental response training and techniques4 7d7 ,marine environmental response defined ,in this section1 the term marine environmental response means any response to incidents that-- 7#a7 impacts-- 7,a7 the marine environment of ,state1 ,federal or international waterways2 7,b7 port and marine environments2 7,c7 coastal and estuary environments2 or 7,d7 the intercoastal waterway2 and 7#b7 promotes-- 7,a7 the protection and conservation of the marine environment2 7,b7 the health of fish1 animal populations1 and endangered species2 and 7,c7 the resilience of coastal ecosystems and infrastructure4 #eae4 ,prohibition on entry and operation 7a7 ,prohibition 7#a7 ,in general ,except as otherwise provided in this section1 during the period in which ,executive ,order #adjfe 7#hg ,fed4 ,reg4 #ajbic1 relating to blocking certain ,russian property or transactions71 or any successor ,executive ,order is in effect1 no vessel described in subsection 7b7 may enter or operate in the navigable waters of the ,united ,states or transfer cargo in any port or place under the jurisdiction of the ,united ,states4 7#b7 ,limitations on application -- 7,a7 ,in general ,the prohibition under paragraph 7#a7 shall not apply with respect to vessel described in subsection 7b7 if the ,secretary of ,state determines that-- 7i7 the vessel is owned or operated by a ,russian national or operated by the government of the ,russian ,federation2 and 7ii7 it is in the national security interest not to apply the prohibition to such vessel4 7,b7 ,notice ,not later than #ae days after making a determination under subparagraph 7,a71 the ,secretary of ,state shall submit to the ,committee on ,foreign ,affairs and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,foreign ,relations and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate written notice of the determination and the basis upon which the determination was made4 7,c7 ,publication ,the ,secretary of ,state shall publish a notice in the ,federal ,register of each determination made under subparagraph 7,a74 7b7 ,vessels described ,a vessel referred to in subsection 7a7 is a vessel owned or operated by a ,russian national or operated by the government of the ,russian ,federation4 7c7 ,information and publication ,the ,secretary of the department in which the ,coast ,guard is operating1 with the concurrence of the ,secretary of ,state1 shall-- 7#a7 maintain timely information on the registrations of all foreign vessels owned or operated by or on behalf of the ,government of the ,russian ,federation1 a ,russian national1 or a entity organized under the laws of the ,russian ,federation or any jurisdiction within the ,russian ,federation2 and 7#b7 periodically publish in the ,federal ,register a list of the vessels described in paragraph 7#a74 7d7 ,notification of governments 7#a7 ,in general ,the ,secretary of ,state shall notify each government1 the agents or instrumentalities of which are maintaining a registration of a foreign vessel that is included on a list published under subsection 7c77#b71 not later than #cj days after such publication1 that all vessels registered under such government's authority are subject to subsection 7a74 7#b7 ,additional notification ,in the case of a government that continues to maintain a registration for a vessel that is included on such list after receiving an initial notification under paragraph 7#a71 the ,secretary shall issue an additional notification to such government not later than #abj days after the publication of a list under subsection 7c77#b74 7e7 ,notification of vessels ,upon receiving a notice of arrival under section #gjjja7;a77#e7 of title #df1 ,united ,states ,code1 from a vessel described in subsection 7b71 the ,secretary of the department in which the ,coast ,guard is operating shall notify the master of such vessel that the vessel may not enter or operate in the navigable waters of the ,united ,states or transfer cargo in any port or place under the jurisdiction of the ,united ,states1 unless-- 7#a7 the ,secretary of ,state has made a determination under subsection 7a77#b72 or 7#b7 the ,secretary of the department in which the ,coast ,guard is operating allows provisional entry of the vessel1 or transfer of cargo from the vessel1 under subsection 7f74 7f7 ,provisional entry or cargo transfer ,notwithstanding any other provision of this section1 the ,secretary of the department in which the ,coast ,guard is operating may allow provisional entry of1 or transfer of cargo from1 a vessel1 if such entry or transfer is necessary for the safety of the vessel or persons aboard4 #eaf4 ,st4 ,lucie ,river railroad bridge ,the ,commandant of the ,coast ,guard shall take such actions as are necessary to implement any recommendations for the ,st4 ,lucie ,river railroad bridge made by the ,coast ,guard in the document titled ,waterways ,analysis and ,management ,system for ,intracoastal ,waterway ,miles #ibe-ajje 7,,wams #jgcja7 published by ,coast ,guard ,sector ,miami in #bjah4 #eag4 ,assistance related to marine mammals 7a7 ,maritime environmental and technical assistance program ,section #ejcjg7;b7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,d7 by striking and at the end2 7#b7 in paragraph 7#b7 by striking the period and insert 2 and2 and 7#c7 by adding at the end the following3 7#c7 technologies that quantifiably reduce underwater noise from marine vessels1 including noise produced incidental to the propulsion of marine vessels4 4 7b7 ,assistance to reduce impacts of vessel strikes and noise on marine mammals 7#a7 ,in general ,chapter #eda of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #edajb4 ,assistance to reduce impacts of vessel strikes and noise on marine mammals 7a7 ,in general ,the ,administrator of the ,maritime ,administration1 in coordination with the ,secretary of the department in which the ,coast ,guard is operating1 may make grants to1 or enter into contracts or cooperative agreements with1 academic1 public1 private1 and nongovernmental entities to develop and implement mitigation measures that will lead to a quantifiable reduction in-- 7#a7 impacts to marine mammals from vessels2 and 7#b7 underwater noise from vessels1 including noise produced incidental to the propulsion of vessels4 7b7 ,eligible use ,assistance under this section may be used to develop1 assess1 and carry out activities that reduce threats to marine mammals by-- 7#a7 reducing-- 7,a7 stressors related to vessel traffic2 and 7,b7 vessel strike mortality1 and serious injury2 or 7#b7 monitoring-- 7,a7 sound2 and 7,b7 vessel interactions with marine mammals4 7c7 ,priority ,the ,administrator shall prioritize assistance under this section for projects that-- 7#a7 is based on the best available science on methods to reduce threats related to vessels traffic2 7#b7 collect data on the reduction of such threats2 7#c7 reduce-- 7,a7 disturbances from vessel presence2 7,b7 mortality risk2 or 7,c7 serious injury from vessel strikes2 or 7#d7 conduct risk assessments1 or tracks progress toward threat reduction4 7d7 ,briefing ,the ,administrator shall provide to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 an annual briefing that includes the following3 7#a7 ,the name and location of each entity receiving a grant under this section4 7#b7 ,the amount of each such grant4 7#c7 ,a description of the activities carried out with assistance provided under this section4 7#d7 ,an estimate of the impact that a project carried out with such assistance has on the reduction of threats to marine mammals4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this section #aj1jjj1jjj for each of fiscal years #bjbb through #bjbf1 to remain available until expended4 4 7#b7 ,clerical amendment ,the analysis for chapter #eda of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #edajb4 ,assistance to reduce impacts of vessel strikes and noise on marine mammals4 4 7c7 ,near real-time monitoring and mitigation program for large whales 7#a7 ,in general ,part of ,a of subtitle ,v of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #ejg ,monitoring and ,mitigation ,sec4 #ejgja4 ,near real-time monitoring and mitigation program for large whales4 #ejgjb4 ,pilot project4 #ejgja4 ,near real-time monitoring and mitigation program for large whales 7a7 ,establishment ,the ,administrator of the ,maritime ,administration1 in consultation with the ,commandant of the ,coast ,guard1 shall design and deploy a near real-time large whale monitoring and mitigation program 7in this section referred to as the ,program7 informed by the technologies1 monitoring methods1 and mitigation protocols developed pursuant to the pilot program required under section #ejgjb4 7b7 ,purpose ,the purpose of the ,program will be to reduce the risk to large whales of vessel collisions and to minimize other impacts4 7c7 ,requirements ,in designing and deploying the ,program1 the ,administrator shall-- 7#a7 prioritize species of large whales for which vessel collision impacts are of particular concern2 7#b7 prioritize areas where such vessel impacts are of particular concern2 7#c7 develop technologies capable of detecting and alerting individuals and enforcement agencies of the probable location of large whales on a near real-time basis1 to include real time data whenever possible2 7#d7 inform sector-specific mitigation protocols to effectively reduce takes of large whales2 and 7#e7 integrate technology improvements as such improvements become available4 7d7 ,authority ,the ,administrator may make grants or enter into and contracts1 leases1 or cooperative agreements as may be necessary to carry out the purposes of this section on such terms as the ,administrator considers appropriate1 consistent with ,federal acquisition regulations4 #ejgjb4 ,pilot project 7a7 ,establishment ,the ,administrator of the ,maritime ,administration shall carry out a pilot monitoring and mitigation project for ,north ,atlantic right whales 7in this section referred to as the ,pilot ,program7 for purposes of informing a cost-effective1 efficient1 and results-oriented near real-time monitoring and mitigation program for large whales under #ejgja4 7b7 ,pilot project requirements ,in carrying out the pilot program1 the ,administrator1 in coordination with the ,commandant of the ,coast ,guard1 using best available scientific information1 shall identify and ensure coverage of-- 7#a7 core foraging habitats of ,north ,atlantic right whales1 including-- 7,a7 the ,south of the ,islands core foraging habitat2 7,b7 the ,cape ,cod ,bay ,area core foraging habitat2 7,c7 the ,great ,south ,channel core foraging habitat2 and 7,d7 the ,gulf of ,maine2 and 7#b7 important feeding1 breeding1 calving1 rearing1 or migratory habitats of ,north ,atlantic right whales that co-occur with areas of high risk of mortality1 serious injury1 or other impacts to such whales1 including from vessels or vessel strikes4 7c7 ,pilot project components 7#a7 ,in general ,not later than #c years after the date of enactment of the ,don ,young ,coast ,guard ,authorization ,act of #bjbb1 the ,administrator1 in consultation with the ,commandant1 ,tribal governments1 and with input from affected stakeholders1 shall design and deploy a near real-time monitoring system for ,north ,atlantic right whales that-- 7,a7 comprises the best available detection and survey technologies to detect ,north ,atlantic right whales within core foraging habitats2 7,b7 uses dynamic habitat suitability models to inform the likelihood of ,north ,atlantic right whale occurrence in core foraging habitat at any given time2 7,c7 coordinates with the ,integrated ,ocean ,observing ,system and ,coast ,guard vessel traffic service centers1 and may coordinate with ,regional ,ocean ,partnerships to leverage monitoring assets2 7,d7 integrates historical data2 7,e7 integrates new near real-time monitoring methods and technologies as they become available2 7,f7 accurately verifies and rapidly communicates detection data2 7,g7 creates standards for allowing ocean users to contribute data to the monitoring system using comparable near real-time monitoring methods and technologies2 and 7,h7 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 risks4 7#b7 ,national security considerations ,all monitoring methods1 technologies1 and protocols under this section shall be consistent with national security considerations and interests4 7#c7 ,access to data ,the ,administrator shall provide access to data generated by the monitoring system deployed under paragraph 7#a7 for purposes of scientific research and evaluation1 and public awareness and education1 including through the ,,noaa ,right ,whale ,sighting ,advisory ,system and ,whale,map or other successive public web portals1 subject to review for national security considerations4 7d7 ,mitigation protocols ,the ,administrator1 in consultation with the ,commandant1 and with input from affected stakeholders1 develop and deploy mitigation protocols that make use of the near real-time monitoring system deployed under subsection 7c7 to direct sector-specific mitigation measures that avoid and significantly reduce risk of serious injury and mortality to ,north ,atlantic right whales4 7e7 ,reporting 7#a7 ,preliminary report ,not later than #b years after the date of the enactment of the ,don ,young ,coast ,guard ,authorization ,act of #bjbb1 the ,administrator1 in consultation with the ,commandant1 shall submit to the appropriate ,congressional ,committees and make available to the public a preliminary report which shall include-- 7,a7 a description of the monitoring methods and technology in use or planned for deployment2 7,b7 analyses of the efficacy of the methods and technology in use or planned for deployment for detecting ,north ,atlantic right whales2 7,c7 how the monitoring system is directly informing and improving ,north ,american right whale management1 health1 and survival2 7,d7 a prioritized identification of technology or research gaps2 7,e7 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 risks2 and 7,f7 additional information1 as appropriate4 7#b7 ,final report ,not later than #f years after the date of the enactment of the ,don ,young ,coast ,guard ,authorization ,act of #bjbb1 the ,administrator1 in consultation with the ,commandant1 shall submit to the appropriate congressional committees and make available to the public a final report1 addressing the components in subparagraph 7,a7 and including-- 7,a7 an assessment of the benefits and efficacy of the near real-time monitoring and mitigation program2 7,b7 a strategic plan to expand the pilot program to provide near real-time monitoring and mitigation measures2 7i7 to additional large whale species of concern for which such measures would reduce risk of serious injury or death2 and 7ii7 in important feeding1 breeding1 calving1 rearing1 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 disturbance2 7,c7 a prioritized plan for acquisition1 deployment1 and maintenance of monitoring technologies2 7,d7 the locations or species for which the plan would apply2 and 7,e7 a budget and description of funds necessary to carry out the strategic plan4 7f7 ,additional authority ,the ,administrator may make grants enter into contracts1 leases1 or cooperative agreements as may be necessary to carry out the purposes of this section on such terms as the ,administrator considers appropriate1 consistent with ,federal acquisition regulations4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this section #ag1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7h7 ,definitions ,in this section and section #ejgja3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7#b7 ,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 documented4 7#c7 ,near real-time ,the term near real-time means detected activity that is visual1 acoustic1 or in any other form1 of ,north ,atlantic right whales that are transmitted and reported as soon as technically feasible after such detected activity has occurred4 7#d7 ,large whale ,the term large whale means all ,mysticeti species and species within the genera ,physeter and ,orcinus4 4 7#b7 ,clerical amendment ,the table of chapters for subtitle ,v of title #df1 ,united ,states ,code is amended by adding after the item related to chapter #eje the following3 #ejg4,monitoring and ,mitigation#ejgja 4 #eah4 ,manning and crewing requirements for certain vessels1 vehicles1 and structures 7a7 ,authorization of limited exemptions from manning and crew requirement ,chapter #ha of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #hajh4 ,exemptions from manning and crew requirements 7a7 ,in general ,the ,secretary may provide an exemption described in subsection 7b7 to the owner or operator of a covered facility if each individual who is manning or crewing the covered facility is-- 7#a7 a citizen of the ,united ,states2 7#b7 an alien lawfully admitted to the ,united ,states for permanent residence2 or 7#c7 a citizen of the nation under the laws of which the vessel is documented4 7b7 ,requirements for eligibility for exemption ,an exemption under this subsection is an exemption from the regulations established pursuant to section #cj7;a77#c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acef7;a77#c774 7c7 ,limitations ,an exemption under this section-- 7#a7 shall provide that the number of individuals manning or crewing the covered facility who are described in paragraphs 7#b7 and 7#c7 of subsection 7a7 may not exceed two and one- half times the number of individuals required to man or crew the covered facility under the laws of the nation under the laws of which the covered facility is documented2 and 7#b7 shall be effective for not more than #ab months1 but may be renewed by application to and approval by the ,secretary4 7d7 ,application ,to be eligible for an exemption or a renewal of an exemption under this section1 the owner or operator of a covered facility shall apply to the ,secretary with an application that includes a sworn statement by the applicant of all information required for the issuance of the exemption4 7e7 ,revocation 7#a7 ,in general ,the ,secretary-- 7,a7 may revoke an exemption for a covered facility under this section if the ,secretary determines that information provided in the application for the exemption was false or incomplete1 or is no longer true or complete2 and 7,b7 shall immediately revoke such an exemption if the ,secretary determines that the covered facility1 in the effective period of the exemption1 was manned or crewed in a manner not authorized by the exemption4 7#b7 ,notice required ,the ,secretary shall provides notice of a determination under subparagraph 7,a7 or 7,b7 of paragraph 7#a7 to the owner or operator of the covered facility4 7f7 ,review of compliance ,the ,secretary shall periodically1 but not less than once annually1 inspect each covered facility that operates under an exemption under this section to verify the owner or operator of the covered facility's compliance with the exemption4 ,during an inspection under this subsection1 the ,secretary shall require all crew members serving under the exemption to hold a valid transportation security card issued under section #gjaje4 7g7 ,penalty ,in addition to revocation under subsection 7e71 the ,secretary may impose on the owner or operator of a covered facility a civil penalty of #aj1jjj per day for each day the covered facility-- 7#a7 is manned or crewed in violation of an exemption under this subsection2 or 7#b7 operated under an exemption under this subsection that the ,secretary determines was not validly obtained4 7h7 ,notification of ,secretary of ,state ,the ,secretary shall notify the ,secretary of ,state of each exemption issued under this section1 including the effective period of the exemption4 7i7 ,definitions ,in this section3 7#a7 ,covered facility ,the term covered facility means any vessel1 rig1 platform1 or other vehicle or structure1 over #ej percent of which is owned by citizens of a foreign nation or with respect to which the citizens of a foreign nation have the right effectively to control1 except to the extent and to the degree that the ,president determines that the government of such foreign nation or any of its political subdivisions has implemented1 by statute1 regulation1 policy1 or practice1 a national manning requirement for equipment engaged in the exploring for1 developing1 or producing resources1 including non-mineral energy resources in its offshore areas4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the department in which the ,coast ,guard is operating4 4 7b7 ,annual report 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report containing information on each letter of nonapplicability of section #haji of title #df1 ,united ,states ,code1 with respect to a covered facility that was issued by the ,secretary during the preceding year4 7#b7 ,contents ,the report under paragraph 7#a7 shall include1 for each covered facility-- 7,a7 the name and ,international ,maritime ,organization number2 7,b7 the nation in which the covered facility is documented2 7,c7 the nationality of owner or owners2 and 7,d7 for any covered facility that was previously issued a letter of nonapplicability in a prior year1 any changes in the information described in subparagraphs 7,a7 through 7,c74 7c7 ,regulations ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall promulgate regulations that specify the documentary and other requirements for the issuance of an exemption under the amendment made by this section4 7d7 ,existing exemptions 7#a7 ,effect of amendments2 termination ,each exemption under section #cj7;c77#b7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acef7;c77#b77 issued before the date of the enactment of this ,act-- 7,a7 shall not be affected by the amendments made by this section during the #abj-;day period beginning on the date of the enactment of this ,act2 and 7,b7 shall not be effective after such period4 7#b7 ,notification of holders ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary shall notify all persons that hold such an exemption that it will expire as provided in paragraph 7#a74 7e7 ,clerical amendment ,the analysis for chapter #ha of the title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #hajh4 ,exemptions from manning and crew requirements4 4 ,,vi ,sexual ,assault and ,sexual ,harassment ,prevention and ,response #fja4 ,definitions 7a7 ,in general ,section #baja of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#de7 through 7#ed7 as paragraphs 7#dg7 through 7#ef71 respectively2 and 7#b7 by inserting after paragraph 7#dd7 the following3 7#de7 sexual assault means any form of abuse or contact as defined in chapter #aji;,a of title #ah1 or a substantially similar ,state1 local1 or ,tribal offense4 7#df7 sexual harassment means-- 7,a7 conduct that-- 7i7 involves unwelcome sexual advances1 requests for sexual favors1 or deliberate or repeated offensive comments or gestures of a sexual nature if any-- 7,i7 submission to such conduct is made either explicitly or implicitly a term or condition of employment1 pay1 career1 benefits1 or entitlements of the individual2 7,,ii7 submission to1 or rejection1 of such conduct by an individual is used as a basis for decisions affecting that individual's job1 pay1 career1 benefits1 or entitlements2 7,,iii7 such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating1 hostile1 or offensive work environment2 or 7,,iv7 conduct may have been by an individual's supervisor1 a supervisor in another area1 a co-worker1 or another credentialed mariner2 and 7ii7 is so severe or pervasive that a reasonable person would perceive1 and the victim does perceive1 the environment as hostile or offensive2 7,b7 any use or condonation associated with first-hand or personal knowledge1 by any individual in a supervisory or command position1 of any form of sexual behavior to control1 influence1 or affect the career1 pay1 benefits1 entitlements1 or employment of a subordinate2 and 7,c7 any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature by any fellow employee of the complainant4 4 7b7 ,report ,the ,commandant of the ,coast ,guard shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report describing any changes the ,commandant may propose to the definitions added by the amendments in subsection 7a74 #fjb4 ,convicted sex offender as grounds for denial 7a7 ,in general ,chapter #ge of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #geaa4 ,convicted sex offender as grounds for denial 7a7 ,sexual abuse ,a license1 certificate of registry1 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 #aji;,a of title #ah1 except for subsection 7b7 of section #bbdd of title #ah1 or a substantially similar ,state1 local1 or ,tribal offense4 7b7 ,abusive sexual contact ,a license1 certificate of registry1 or merchant mariner's document authorized to be issued under this part may be denied to an individual who within #e years before applying for the license1 certificate1 or document1 has been convicted of a sexual offense prohibited under subsection 7b7 of section #bbdd of title #ah1 or a substantially similar ,state1 local1 or ,tribal offense4 4 7b7 ,clerical amendment ,the analysis for chapter #ge of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #geaa4 ,convicted sex offender as grounds for denial4 4 #fjc4 ,sexual harassment or sexual assault as grounds for suspension or revocation 7a7 ,in general ,chapter #gg of title #df1 ,united ,states ,code1 is amended by inserting after section #ggjd the following3 #ggjd;a4 ,sexual harassment or sexual assault as grounds for suspension or revocation 7a7 ,sexual harassment ,if it is shown at a hearing under this chapter that a holder of a license1 certificate of registry1 or merchant mariner's document issued under this part1 within #e years before the beginning of the suspension and revocation proceedings1 is the subject of an official finding of sexual harassment1 then the license1 certificate of registry1 or merchant mariner's document may be suspended or revoked4 7b7 ,sexual assault ,if it is shown at a hearing under this chapter that a holder of a license1 certificate of registry1 or merchant mariner's document issued under this part1 within #aj years before the beginning of the suspension and revocation proceedings1 is the subject of an official finding of sexual assault1 then the license1 certificate of registry1 or merchant mariner's document shall be revoked4 7c7 ,official finding 7#a7 ,in general ,in this section1 the term official finding means-- 7,a7 a legal proceeding or agency finding or decision that determines the individual committed sexual harassment or sexual assault in violation of any ,federal1 ,state1 local1 or ,tribal law or regulation2 or 7,b7 a determination after an investigation by the ,coast ,guard that1 by a preponderance of the evidence1 the individual committed sexual harassment or sexual assault if the investigation affords appropriate due process rights to the subject of the investigation4 7#b7 ,investigation by the ,coast ,guard ,an investigation by the ,coast ,guard under paragraph 7#a77;,b7 shall include1 at a minimum1 evaluation of the following materials that1 upon request1 shall be provided to the ,coast ,guard3 7,a7 ,any inquiry or determination made by the employer or former employer of the individual as to whether the individual committed sexual harassment or sexual assault4 7,b7 ,any investigative materials1 documents1 records1 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 individual4 7#c7 ,administrative ,law ,judge review 7,a7 ,coast ,guard investigation ,a determination under paragraph 7#a77;,b7 shall be reviewed and affirmed by an administrative law judge within the same proceeding as any suspension or revocation of a license1 certificate of registry1 or merchant mariner's document under subsection 7a7 or 7b74 7,b7 ,legal proceeding ,a determination under paragraph 7#a77;,a7 that an individual committed sexual harassment or sexual assault is conclusive in suspension and revocation proceedings4 4 7b7 ,clerical amendment ,the chapter analysis of chapter #gg of title #df1 ,united ,states ,code1 is amended by inserting after the item relating to section #ggjd the following3 #ggjd;a4 ,sexual harassment or sexual assault as grounds for suspension or revocation4 4 #fjd4 ,accommodation2 notices ,section #aaaja of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#c71 by striking and at the end2 7#b7 in subsection 7a77#d71 by striking the period at the end and inserting 2 and2 7#c7 in subsection 7a71 by adding at the end the following3 7#e7 each crew berthing area shall be equipped with information regarding-- 7,a7 vessel owner or company policies prohibiting sexual assault and sexual harassment1 retaliation1 and drug and alcohol usage2 and 7,b7 procedures and resources to report crimes1 including sexual assault and sexual harassment1 including information-- 7i7 on the contact information1 website address1 and mobile application to the ,coast ,guard ,investigative ,services for reporting of crimes and the ,coast ,guard ,national ,command ,center2 7ii7 on vessel owner or company procedures to report violations of company policy and access resources2 7iii7 on resources provided by outside organizations such as sexual assault hotlines and counseling2 7iv7 on the retention period for surveillance video recording after an incident of sexual harassment or sexual assault is reported2 and 7v7 additional items specified in regulations issued by1 and at the discretion of1 the ,secretary of the department in which the ,coast ,guard is operating4 2 and 7#d7 in subsection 7d71 by adding at the end the following3 ,in each washing space in a visible location there shall be information regarding procedures and resources to report crimes upon the vessel1 including sexual assault and sexual harassment1 and vessel owner or company policies prohibiting sexual assault and sexual harassment1 retaliation1 and drug and alcohol usage44 #fje4 ,protection against discrimination ,section #baad7;a77#a7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subparagraphs 7,b7 through 7,g7 as subparagraphs 7,c7 through 7,h71 respectively2 and 7#b7 by inserting after subparagraph 7,a7 the following3 7,b7 the seaman in good faith has reported or is about to report to the vessel owner1 ,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 seaman2 4 #fjf4 ,alcohol prohibition 7a7 ,regulations 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the department in which the ,coast ,guard is operating shall1 taking into account the safety and security of every individual on documented vessels1 issue such regulations as are necessary relating to alcohol consumption on documented vessels1 according to the following requirements3 7,a7 ,the ,secretary shall determine safe levels of alcohol consumption by crewmembers aboard documented vessels engaged in commercial service4 7,b7 ,if the ,secretary determines there is no alcohol policy that can be implemented to ensure a safe environment for crew and passengers1 the ,secretary shall implement a prohibition on possession and consumption of alcohol by crewmembers while aboard a vessel1 except when possession is associated with the commercial sale or gift to non-crew members aboard the vessel4 7,c7 ,to the extent a policy establishes safe levels of alcohol consumption in accordance with subparagraph 7,a71 such policy shall not supersede a vessel owner's discretion to further limit or prohibit alcohol on its vessels4 7#b7 ,immunity from civil liability ,any crewmember who reports an incident of sexual assault or sexual harassment that is directly related to a violation of the regulations issued under paragraph 7#a7 is immune from civil liability for any related violation of such regulations4 #fjg4 ,surveillance requirements 7a7 ,in general ,part ,b of subtitle ,,ii of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #di ,oceangoing ,non-,passenger ,commercial ,vessels ,sec4 #dija4 ,surveillance requirements4 #dija4 ,surveillance requirements 7a7 ,in general ,a vessel engaged in commercial service that does not carry passengers1 shall maintain a video surveillance system4 7b7 ,applicability ,the requirements in this section shall apply to-- 7#a7 documented vessels with overnight accommodations for at least #aj persons on board-- 7,a7 is on a voyage of at least #fjj miles and crosses seaward of the ,boundary ,line2 or 7,b7 is at least #bd meters 7#gi feet7 in overall length and required to have a load line under chapter #ea2 7#b7 documented vessels of at least #ejj gross tons as measured under section #adejb1 or an alternate tonnage measured under section #adcjb as prescribed by the ,secretary under section #adajd on an international voyage2 and 7#c7 vessels with overnight accommodations for at least #aj persons on board that are operating for no less than #gb hours on waters superjacent to the ,outer ,continental ,shelf4 7c7 ,placement of video and audio surveillance equipment 7#a7 ,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 #b years after enactment of the ,don ,young ,coast ,guard ,authorization ,act of #bjbb1 or during the next scheduled drydock1 whichever is later4 7#b7 ,locations ,video and audio surveillance equipment shall be placed in passageways on to which doors from staterooms open4 ,such equipment shall be placed in a manner ensuring the visibility of every door in each such passageway4 7d7 ,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 equipment4 7e7 ,access to video and audio records 7#a7 ,in general ,the owner of a vessel to which this section applies shall provide to any ,federal1 state1 or other law enforcement official performing official duties in the course and scope of a criminal or marine safety investigation1 upon request1 a copy of all records of video and audio surveillance that the official believes is relevant to the investigation4 7#b7 ,civil actions ,except as proscribed by law enforcement authorities or court order1 the owner of a vessel to which this section applies shall1 upon written request1 provide to any individual or the individual's legal representative a copy of all records of video and audio surveillance-- 7,a7 in which the individual is a subject of the video and audio surveillance2 7,b7 the request is in conjunction with a legal proceeding or investigation2 and 7,c7 that may provide evidence of any sexual harassment or sexual assault incident in a civil action4 7#c7 ,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 action4 7f7 ,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 #aej days after the footage is obtained4 ,any video and audio surveillance found to be associated with an alleged incident should be preserved for not less than #d years from the date of the alleged incident4 ,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 conduct4 7g7 ,definition ,in this section1 the term owner means the owner1 charterer1 managing operator1 master1 or other individual in charge of a vessel4 7h7 ,exemption ,fishing vessels1 fish processing vessels1 and fish tender vessels are exempt from this section4 4 7b7 ,clerical amendment ,the table of chapters for subtitle ,,ii of title #df1 ,united ,states ,code1 is amended by adding after the item related to chapter #dg the following3 #di4,oceangoing ,non-,passenger ,commercial ,vessels#dija 4 #fjh4 ,master key control 7a7 ,in general ,chapter #ca of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #cajf4 ,master key control system 7a7 ,in general ,the owner of a vessel subject to inspection under section #ccja shall-- 7#a7 ensure that such vessel is equipped with a vessel master key control system1 manual or electronic1 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 7#b72 7#b7 establish a list of all crew1 identified by position1 allowed to access and use the master key and maintain such list upon the vessel1 within owner records and included in the vessel safety management system2 7#c7 record in a log book information on all access and use of the vessel's master key1 including-- 7,a7 dates and times of access2 7,b7 the room or location accessed2 and 7,c7 the name and rank of the crew member that used the master key2 and 7#d7 make the list under paragraph 7#b7 and the log book under paragraph 7#c7 available upon request to any agent of the ,federal ,bureau of ,investigation1 any member of the ,coast ,guard1 and any law enforcement officer performing official duties in the course and scope of an investigation4 7b7 ,prohibited use ,crew not included on the list described in subsection 7a77#b7 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 key4 7c7 ,requirements for log book ,the log book described in subsection 7a77#c7 and required to be included in a safety management system under section #cbjc7;a77#f7-- 7#a7 may be electronic2 and 7#b7 shall be located in a centralized location that is readily accessible to law enforcement personnel4 7d7 ,penalty ,any crew member who uses the master key without having been granted access pursuant to subsection 7a77#b7 shall be liable to the ,united ,states ,government for a civil penalty of not more than #a1jjj and may be subject to suspension or revocation under section #ggjc4 7e7 ,exemption ,this section shall not apply to vessels subject to section #cejg7;f74 4 7b7 ,clerical amendment ,the analysis for chapter #ca of title #df1 ,united ,states ,code1 is amended by adding at the end the following3 #cajf4 ,master key control system4 4 #fji4 ,safety management systems ,section #cbjc of title #df1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#g7 and 7#h72 and 7,b7 by inserting after paragraph 7#d7 the following3 7#e7 with respect to sexual harassment and sexual assault1 procedures for1 and annual training requirements for all shipboard personnel on-- 7,a7 prevention2 7,b7 bystander intervention2 7,c7 reporting2 7,d7 response2 and 7,e7 investigation2 7#f7 the log book required under section #cajf2 2 7#b7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 and 7#c7 by inserting after subsection 7a7 the following3 7b7 ,procedures and training requirements ,in prescribing regulations for the procedures and training requirements described in subsection 7a77#e71 such procedures and requirements shall be consistent with the requirements to report sexual harassment or sexual assault under section #ajajd4 4 #faj4 ,requirement to report sexual assault and harassment ,section #ajajd of title #df1 ,united ,states ,code1 is amended by striking subsections 7a7 and 7b7 and inserting the following3 7a7 ,mandatory reporting by crew member 7#a7 ,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 knowledge4 7#b7 ,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 7a77#a7 is liable to the ,united ,states ,government for a civil penalty of not more than #e1jjj4 7#c7 ,amnesty ,a crew member who fails to make the required reporting under paragraph 7#a7 shall not be subject to the penalty described in paragraph 7#b7 if-- 7,a7 the crew member is the victim of such sexual assault or sexual harassment incident2 7,b7 the complaint is shared in confidence with the crew member directly from the victim2 or 7,c7 the crew member is a victim advocate as defined in section #djjjb7;a7 of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a774 7b7 ,mandatory reporting by vessel owner 7#a7 ,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 harassment1 sexual harassment1 or sexual assault in violation of employer policy or law1 of which such vessel owner or managing operator of a vessel engaged in commercial service1 or the employer of the seafarer is made aware4 ,such reporting shall include results of any investigation into the incident1 if applicable1 and any action taken against the offending crewmember4 7#b7 ,penalty ,a vessel owner or managing operator of a vessel engaged in commercial service1 or the employer of a seafarer on that vessel who knowingly fails to report in compliance with paragraph 7#a7 is liable to the ,united ,states ,government for a civil penalty of not more than #be1jjj4 7c7 ,reporting procedures 7#a7 ,crew member reporting ,a report required under subsection 7a7-- 7,a7 with respect to a crew member1 shall be made as soon as practicable1 but no later than #aj days after the crew member develops first-hand or personal knowledge of the sexual assault or sexual harassment incident to the ,coast ,guard ,national ,command ,center by the fastest telecommunication channel available2 and 7,b7 with respect to a master1 shall be made immediately after the master develops first-hand or personal knowledge of a sexual assault incident to the ,coast ,guard ,national ,command ,center by the fastest telecommunication channel available4 7#b7 ,vessel owner reporting ,a report required under subsection 7b7 shall be made immediately after the vessel owner1 managing operator1 or employer of the seafarer gains knowledge of a sexual assault or sexual harassment incident by the fastest telecommunication channel available1 and such report shall be made to the ,coast ,guard ,national ,command ,center and to-- 7,a7 the nearest ,coast ,guard ,captain of the ,port2 or 7,b7 the appropriate officer or agency of the government of the country in whose waters the incident occurs4 7#c7 ,contents ,a report required under subsections 7a7 and 7b7 shall include1 to the best of the reporter's knowledge-- 7,a7 the name1 official position or role in relation to the vessel1 and contact information of the individual making the report2 7,b7 the name and official number of the documented vessel2 7,c7 the time and date of the incident2 7,d7 the geographic position or location of the vessel when the incident occurred2 and 7,e7 a brief description of the alleged sexual harassment or sexual assault being reported4 7#d7 ,information collection ,after receipt of the report made under this subsection1 the ,coast ,guard will collect information related to the identity of each alleged victim1 alleged perpetrator1 and witness through means designed to protect1 to the extent practicable1 the personal identifiable information of such individuals4 7d7 ,regulations ,the requirements of this section are effective as of the date of enactment of the ,don ,young ,coast ,guard ,authorization ,act of #bjbb4 ,the ,secretary may issue additional regulations to implement the requirements of this section4 4 #faa4 ,civil actions for personal injury or death of seamen 7a7 ,personal injury to or death of seamen ,section #cjajd7;a7 of title #df1 ,united ,states ,code1 as so designated by section #eje7;a77#a71 is amended by inserting 1 including an injury resulting from sexual assault or sexual harassment1 after in the course of employment4 7b7 ,time limit on bringing maritime action ,section #cjajf of title #df1 ,united ,states ,code1 is amended-- 7#a7 in the section heading by striking for personal injury or death2 7#b7 by striking ,except as otherwise and inserting the following3 7a7 ,in general ,except as otherwise 2 and 7#c7 by adding at the end the following3 7b7 ,extension for sexual offense ,a civil action under subsection 7a7 arising out of a maritime tort for a claim of sexual harassment or sexual assault shall be brought not more than #e years after the cause of action for a claim of sexual harassment or sexual assault arose4 4 7c7 ,clerical amendment ,the analysis for chapter #cja of title #df1 ,united ,states ,code1 is amended by striking the item related to section #cjajf and inserting the following3 #cjajf4 ,time limit on bringing maritime action4 4 #fab4 ,administration of sexual assault forensic examination kits 7a7 ,in general ,chapter #e of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #efd4 ,administration of sexual assault forensic examination kits 7a7 ,requirement ,a ,coast ,guard vessel that embarks on a covered voyage shall be-- 7#a7 equipped with no less than #b sexual assault and forensic examination kits2 and 7#b7 staffed with at least #a medical professional qualified and trained to administer such kits4 7b7 ,covered voyage defined ,in this section1 the term #8covered voyage' means a prescheduled voyage of a ,coast ,guard vessel that1 at any point during such voyage-- 7#a7 would require the vessel to travel #e consecutive days or longer at #bj knots per hour to reach a land-based or afloat medical facility2 and 7#b7 aeromedical evacuation will be unavailable during the travel period referenced in paragraph 7#a74 4 7b7 ,clerical amendment ,the table of sections for chapter #e of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #efd4 ,administration of sexual assault forensic examination kits4 4 ,,vii ,technical and ,conforming ,provisions #gja4 ,technical corrections 7a7 ,section #cai7;b7 of title #ad1 ,united ,states ,code1 is amended by striking section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7#di ,u4,s4,c4 #djaja note7 and inserting section #ddhja of title #di4 7b7 ,section #aaef7;c7 of title #ad1 ,united ,states ,code1 is amended by striking section #cca of the ,,faa ,modernization and ,reform ,act of #bjab 7#di ,u4,s4,c4 #djaja note7 and inserting section #ddhja of title #di4 #gjb4 ,transportation worker identification credential technical amendments 7a7 ,in general ,section #gjaje of title #df1 ,united ,states ,code1 is amended-- 7#a7 in the section heading by striking security cards and inserting worker identification credentials2 7#b7 by striking transportation security card each place it appears and inserting transportation worker identification credential2 7#c7 by striking transportation security cards each place it appears and inserting transportation worker identification credentials2 7#d7 by striking card each place it appears and inserting credential 7#e7 in the heading for subsection 7b7 by striking cards and inserting credentials2 7#f7 in subsection 7g71 by striking ,assistant ,secretary of ,homeland ,security for and inserting ,administrator of2 7#g7 by striking subsection 7i7 and redesignating subsections 7j7 and 7k7 as subsections 7i7 and 7j71 respectively2 7#h7 by striking subsection 7l7 and redesignating subsections 7m7 through 7q7 as subsections 7k7 through 7o71 respectively2 7#i7 in subsection 7j71 as so redesignated-- 7,a7 in the subsection heading by striking security card and inserting worker identification credential2 and 7,b7 in the heading for paragraph 7#b7 by striking security cards and inserting worker identification credential2 7#aj7 in subsection 7k77#a71 as so redesignated1 by striking subsection 7k77#c7 and inserting subsection 7j77#c72 and 7#aa7 in subsection 7o71 as so redesignated-- 7,a7 in the subsection heading by striking security card and inserting worker identification credential2 7,b7 in paragraph 7#a7-- 7i7 by striking subsection 7k77#c7 and inserting subsection 7j77#c72 and 7ii7 by striking ,this plan shall and inserting ,such receipt and activation shall2 and 7,c7 in paragraph 7#b7 by striking on-site activation capability and inserting on-site receipt and activation of transportation worker identification credentials4 7b7 ,clerical amendment ,the analysis for chapter #gja of title #df1 ,united ,states ,code1 is amended by striking the item related to section #gjaje and inserting the following3 #gjaje4 ,transportation worker identification credentials4 4 #gjc4 ,reinstatement 7a7 ,reinstatement ,the text of section #ab7;a7 of the ,act of ,june #ba1 #aidj 7#cc ,u4,s4,c4 #ebb7;a771 popularly known as the ,truman-,hobbs ,act1 is-- 7#a7 reinstated as it appeared on the day before the date of enactment of section #hejg7;b7 of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc72 and 7#b7 redesignated as the sole text of section #ab of the ,act of ,june #ba1 #aidj 7#cc ,u4,s4,c4 #ebb74 7b7 ,effective date ,the provision reinstated by subsection 7a7 shall be treated as if such section #hejg7;b7 had never taken effect4 7c7 ,conforming amendment ,the provision reinstated under subsection 7a7 is amended by striking 1 except to the extent provided in this section4 #gjd4 ,determination of budgetary effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,passed the ,house of ,representatives ,march #bi1 #bjbb4;,clerk4