Don Young Coast Guard Authorization Act of 2022

In general

Chapter 51 of title 14, United States Code, is amended by adding at the end the following:

Clerical amendment

The analysis for chapter 51 of title 14, United States Code, is amended by adding at the end the following:

determine which recommendations in the RAND representation report can practicably be implemented to promote improved representation in the Coast Guard of—

submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the actions the Commandant has taken, or plans to take, to implement such recommendations.

officer accession points, including the Coast Guard Academy and the Leadership Development Center;

enlisted member accession at the United States Coast Guard Training Center Cape May in Cape May, New Jersey; and

the officer, enlisted member, and civilian leadership courses managed by the Leadership Development Center.

select at least 1 legacy cutter asset and 1 class of cutters under construction with respect to which the application of the pilot project would enhance readiness;

use commercially developed condition-based program standards similar to those applicable to privately owned and operated vessels or vessels owned or operated by other Federal agencies (such as those currently operating under the direction of Military Sealift Command);

create and model a full ship digital twin for the cutters selected under paragraph (1);

install or modify instrumentation capable of producing full hull, mechanical, and electrical data necessary to analyze cutter operational conditions with active maintenance alerts; and

deploy artificial intelligence, prognostic-based integrated maintenance planning modeled after standards described in paragraph (2).

an interim report not later than 6 months after the date of enactment of this Act on the progress in carrying out the pilot project described in subsection (a); and

a final report not later than 2 years after the date of enactment of this Act on the results of the pilot project described in subsection (a) that includes—

the steps taken to implement actions recommended in the consensus study report of the National Academies of Sciences, Engineering, and Medicine published on November 12, 2020, titled Leveraging Unmanned Systems for Coast Guard Missions: A Strategic Imperative;

the strategic goals and acquisition strategies for proposed uses and procurements of unmanned systems;

a strategy to sustain competition and innovation for procurement of unmanned systems and services for the Coast Guard, including defining opportunities for new and existing technologies; and

an estimate of the timeline, costs, staff resources, technology, or other resources necessary to accomplish the strategy.

Autonomous control and computer vision technology

The Commandant of the Coast Guard, acting through the Blue Technology Center of Expertise, shall conduct a pilot project to retrofit an existing Coast Guard small boat with—

Collection of data

The pilot project under paragraph (1) shall evaluate commercially available products in the field and collect operational data to inform future requirements.

Briefing

Not later than 6 months after completing the pilot project required under paragraph (1), the Commandant shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on commerce, Science, and Transportation of the Senate on the evaluation of the data derived from the project.

Government Accountability Office report

Proposed standards for icebreaking operations

The proposed standards, the impact of the adoption of which is evaluated in subclauses (II) and (III) of paragraph (1)(B)(i), are the following:

Report by Commandant

Not later than 90 days after the date on which the Comptroller General submits the report under paragraph (1), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes the following:

Pilot program

During the 5 ice seasons following the date of enactment of this Act, the Coast Guard shall conduct a pilot program to determine the extent to which the current Coast Guard Great Lakes icebreaking cutter fleet can meet the proposed standards described in paragraph (2).

In general

The Commandant shall collect, during ice season, archive, and disseminate data on icebreaking operations and transits on ice-covered waterways in the Great Lakes of vessels engaged in commercial service and ferries.

Elements

Data collected, archived, and disseminated under paragraph (1) shall include the following:

Voluntary reporting

Any reporting by operators of commercial vessels engaged in commercial service or ferries under this section shall be voluntary.

Public availability

The Commandant shall make the data collected, archived, and disseminated under this subsection available to the public on a publicly accessible internet website of the Coast Guard.

Consultation with industry

With respect to the Great Lakes icebreaking operations of the Coast Guard and the development of the data collected, archived, and disseminated under this subsection, the Commandant shall consult operators of—

Commercial service

The term commercial service has the meaning given such term in section 2101 of title 46, United States Code.

Great Lakes

The term Great Lakes—

Ice-covered waterway

The term ice-covered waterway means any portion of the Great Lakes in which vessels engaged in commercial service or ferries operate that is 70 percent or greater covered by ice, but does not include any waters adjacent to piers or docks for which commercial icebreaking services are available and adequate for the ice conditions.

Open to navigation

The term open to navigation means navigable to the extent necessary to—

Reasonable demands of shipping

The term reasonable demands of shipping means the safe movement of vessels engaged in commercial service and ferries transiting ice-covered waterways in the Great Lakes to their intended destination, regardless of type of cargo.

In general

Section 914 of the Coast Guard Authorization Act of 2010 (Public Law 111–281) is transferred to chapter 5 of title 14, United States Code, inserted after section 508, redesignated as section 509, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 46, United States Code.

Clerical amendments

by amending subsection (a) to read as follows:

in subsection (b)—

Where within the organizational structure of the Coast Guard the Program would be located, including a discussion of whether the Program should reside in—

The vehicles and dive craft that are Coast Guard airframe and vessel transportable that would be required for the transportation of explosive ordnance disposal elements.

The Coast Guard stations at which—

How the Program would support other elements within the Department of Homeland Security, the Department of Justice, and in wartime, the Department of Defense to—

The career progression of Coast Guardsman participating in the Program from—

Initial and annual budget justification estimates on a single program element of the Program for—

in subsection (b)(5) by striking 5 years and inserting 6 years; and

in subsection (c)(3) by striking 60 days and inserting 120 days.

the degree to which Coast Guard personnel and equipment are deployed to St. Paul Island, Alaska, in actual occupancy of the facilities, as required under section 524 of the Pribilof Island Transition Completion Act of 2016 (Public Law 114–120); and

the status of the activities described in subsections (c) and (d) until such activities have been completed.

enter into a lease for a hangar to house deployed Coast Guard aircraft if such hanger was previously under lease by the Coast Guard for purposes of housing such aircraft; and

may enter into an agreement with the lessor of such a hanger in which the Secretary may carry out repairs necessary to support the deployment of such aircraft and the cost such repairs may be offset under the terms of the lease.

Determination

Not later than 30 days after the date of enactment of this Act, the Secretary shall determine whether the fuel tank located on St. Paul Island, Alaska, that is owned by the Coast Guard is needed for Coast Guard operations.

Transfer

Subject to paragraph (3), if the Secretary determines such tank is not needed for operations, the Secretary shall, not later than 90 days after making such determination, transfer such tank to the Alaska Native Village Corporation for St. Paul Island, Alaska.

Fair market value exception

The Secretary may only carry out a transfer under paragraph (2) if the fair market value of such tank is less than the aggregate value of any lease payments for the property on which the tank is located that the Coast Guard would have paid to the Alaska Native Village Corporation for St. Paul Island, Alaska, had such lease been extended at the same rate.

The total number of foreign-flagged vessels known or estimated to operate or to have operated as oceanographic research vessels (as such term is defined in section 2101 of title 46, United States Code) during each of the past 10 fiscal years.

The total number of United States-flagged vessels known or estimated to operate or to have operated as oceanographic research vessels (as such term is defined section 2101 of title 46, United States Code) during each of the past 10 fiscal years.

in section 4502(f)(2) by striking certain vessels described in subsection (b) if requested by the owner or operator; and and inserting

in section 4503(b) by striking Except as provided in section 4503a, subsection (a) and inserting Subsection (a); and

by repealing section 4503a.

A requirement that operators of DUKW-type amphibious passenger vessels provide reserve buoyancy for such vessels through passive means, including watertight compartmentalization, built-in flotation, or such other means as determined appropriate by the Commandant, in order to ensure that such vessels remain afloat and upright in the event of flooding, including when carrying a full complement of passengers and crew.

A requirement that an operator of a DUKW-type amphibious passenger vessel—

A requirement that—

A requirement for annual training for operators and crew of DUKW-type amphibious passengers vessels, including—

Remove the canopies and any window coverings of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict horizontal or vertical escape by passengers in the event of flooding or sinking.

If a canopy and window coverings are removed from any such vessel pursuant to paragraph (1), require that all passengers wear a personal flotation device approved by the Coast Guard before the onset of waterborne operations of such vessel.

Reengineer such vessels to permanently close all unnecessary access plugs and reduce all through-hull penetrations to the minimum number and size necessary for operation.

Install in such vessels independently powered electric bilge pumps that are capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement an operable Higgins pump or a dewatering pump of equivalent or greater capacity.

Install in such vessels not fewer than 4 independently powered bilge alarms.

Conduct an in-water inspection of any such vessel after each time a through-hull penetration of such vessel has been removed or uncovered.

Verify through an in-water inspection the watertight integrity of any such vessel at the outset of each waterborne departure of such vessel.

Install underwater LED lights that activate automatically in an emergency.

Otherwise comply with any other provisions of relevant Coast Guard guidance or instructions in the inspection, configuration, and operation of such vessels.

by inserting the following before section 30501 the following:

by inserting the following before section 30503:

by redesignating sections 30503 through 30512 as sections 30521 through 30530, respectively.

in subsection (a), by inserting and covered small passenger vessels after seagoing vessels;

in subsection (b)(1), by striking 6 months and inserting 2 years; and

in subsection (b)(2), by striking one year and inserting 2 years.

by inserting before section 30501 the following:

by inserting after section 30502 the following:

by redesignating the items relating to sections 30503 through 30512 as items relating to sections 30521 through 30530, respectively.

in section 14305(a)(5), by striking section 30506 and inserting section 30524;

in section 30523(a), as redesignated by subsection (a), by striking section 30506 and inserting section 30524;

in section 30524(b), as redesignated by subsection (a), by striking section 30505 and inserting section 30523; and

in section 30525, as redesignated by subsection (a)—

by striking , while operating on the navigable waters of the United States,;

by redesignating subparagraphs (A) through (D) as clauses (i) through (iv);

by inserting before clauses (i) through (iv), as redesignated by paragraph (2), the following:

by adding at the end the following:

in subparagraph (A)(iii) by striking and at the end;

in subparagraph (B)(v) by striking the period at the end and inserting a semicolon; and

by adding at the end the following:

in subparagraph (A)(iii) by striking and at the end;

in subparagraph (B)(v) by striking the period at the end and inserting a semicolon; and

by adding at the end the following:

Review required

Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall complete a review of existing anchorage regulations and identify regulations that may need modification—

Briefing

Upon completion of the review under paragraph (1), but not later than 2 years after the date of enactment of this Act, the Secretary shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Subcommittee on Coast Guard and Maritime Transportation of the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the review.

by redesignating paragraphs (13) through (17) as paragraphs (15) through (19), respectively; and

by inserting after paragraph (12) the following:

in paragraph (6), by striking and at the end;

by redesignating paragraph (7) as paragraph (10); and

by inserting after paragraph (6) the following:

in subsection (e) by adding at the end the following:

in subsection (k) by adding at the end the following:

in section 1002(b)(2), by inserting a comma after funded;

in section 1003, in paragraph (7), by striking Canandian and inserting Canadian;

in section 1203(a)—

in section 1204(b)(4), in the paragraph heading, by striking Adminisrative and inserting Administrative; and

in section 1209, by striking subsection (a) and inserting section 1202(a).

by inserting (a) In general.— before the first sentence; and

by adding at the end the following:

evaluate and quantify the economic and environmental impact of cargo backlogs;

evaluate and quantify the costs incurred by each Federal agency represented on the Task Force, and by State and local governments, due to such cargo backlogs;

evaluate the responses of each such Federal agency to such cargo backlogs; and

not later than 90 days after the date of enactment of this Act—

an explanation of the extent to which vessels carrying cargo are complying with the requirements of chapter 700 of title 46, United States Code;

the status of the investigation on the cause of the oil spill that occurred in October 2021 on the waters over the San Pedro Shelf related to an anchor strike, including the expected date on which the Marine Casualty Investigation Report with respect to such spill will be released; and

with respect to such vessels, a summary of actions taken or planned to be taken by the Commandant to—

Source of funds

The provision required under subsection (a) shall include a provision that the obligation to indemnify is limited to funds available in the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986 at the time the claim for indemnity is made.

Uncompensated removal

A claim for indemnity under a contract described in subsection (a) shall be made as a claim for uncompensated removal costs under section 1012(a)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)).

Limitation

The total indemnity for a claim under a contract described in subsection (a) may not be more than $50,000 per incident.

Deadline

Not later than 2 years after the date of enactment of this Act, the President shall establish the planning criteria required to be established under subparagraph (J) of section 311(j)(5) of the Federal Water Pollution Control Act of (33 U.S.C. 1321(j)(5)), as added by this section.

Consultation

In establishing such planning criteria, the President shall consult with the State of Alaska, owners and operators of vessels subject to such planning criteria, oil spill removal organizations, Alaska Native organizations, and environmental nongovernmental organizations located within the State of Alaska.

Vessels in Cook Inlet

Unless otherwise authorized by the Secretary of the department in which the Coast Guard, a vessel may only operate in Cook Inlet, Alaska, under a vessel response plan that meets the requirements of the national planning criteria established pursuant to section 311(j)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)).

an area of the country with quick access to State, Federal, and international waters, port and marine environments, coastal and estuary environments, and the intercoastal waterway;

multiple Coast Guard sea and air stations;

multiple Federal agencies that are engaged in coastal and fisheries management;

one or more designated national estuaries;

State coastal and wildlife management agencies; and

an institution of higher education with adequate marine science search laboratory facilities and capabilities and expertise in coastal marine ecology, ecosystems, environmental chemistry, fish and wildlife management, coastal mapping, water resources, and marine technology development.

monitor and assess, on an ongoing basis, the state of knowledge regarding training, education, and technology development for marine environmental response protocols in State, Federal, and international waters, port and marine environments, coastal and estuary environments, and the intercoastal waterway;

identify any significant gaps in research related to marine environmental response protocols, including an assessment of major scientific or technological deficiencies in responses to past incidents in these waterways that are interconnected, and seek to fill such gaps;

conduct research, development, testing, and evaluation for marine environmental response equipment, technologies, and techniques to mitigate and respond to environmental incidents in these waterways;

educate and train Federal, State, and local first responders in—

work with academic and private sector response training centers to develop and standardize marine environmental response training and techniques.

impacts—

promotes—

In general

Except as otherwise provided in this section, during the period in which Executive Order 14065 (87 Fed. Reg. 10293, relating to blocking certain Russian property or transactions), or any successor Executive Order is in effect, no vessel described in subsection (b) may enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States.

Limitations on application

—

maintain timely information on the registrations of all foreign vessels owned or operated by or on behalf of the Government of the Russian Federation, a Russian national, or a entity organized under the laws of the Russian Federation or any jurisdiction within the Russian Federation; and

periodically publish in the Federal Register a list of the vessels described in paragraph (1).

In general

The Secretary of State shall notify each government, the agents or instrumentalities of which are maintaining a registration of a foreign vessel that is included on a list published under subsection (c)(2), not later than 30 days after such publication, that all vessels registered under such government’s authority are subject to subsection (a).

Additional notification

In the case of a government that continues to maintain a registration for a vessel that is included on such list after receiving an initial notification under paragraph (1), the Secretary shall issue an additional notification to such government not later than 120 days after the publication of a list under subsection (c)(2).

the Secretary of State has made a determination under subsection (a)(2); or

the Secretary of the department in which the Coast Guard is operating allows provisional entry of the vessel, or transfer of cargo from the vessel, under subsection (f).

in paragraph (1)(D) by striking and at the end;

in paragraph (2) by striking the period and insert ; and; and

by adding at the end the following:

In general

Chapter 541 of title 46, United States Code, is amended by adding at the end the following:

Clerical amendment

The analysis for chapter 541 of title 46, United States Code, is amended by adding at the end the following:

In general

Part of A of subtitle V of title 46, United States Code, is amended by adding at the end the following:

Clerical amendment

The table of chapters for subtitle V of title 46, United States Code is amended by adding after the item related to chapter 505 the following:

In general

Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report containing information on each letter of nonapplicability of section 8109 of title 46, United States Code, with respect to a covered facility that was issued by the Secretary during the preceding year.

Contents

The report under paragraph (1) shall include, for each covered facility—

Effect of amendments; termination

Each exemption under section 30(c)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)(2)) issued before the date of the enactment of this Act—

Notification of holders

Not later than 60 days after the date of the enactment of this Act, the Secretary shall notify all persons that hold such an exemption that it will expire as provided in paragraph (1).