Union Calendar No. 132
116th CONGRESS 1st Session |
[Report No. 116–172]
To authorize appropriations for the Coast Guard, and for other purposes.
June 21, 2019
Mr. DeFazio (for himself, Mr. Graves of Missouri, Mr. Sean Patrick Maloney of New York, and Mr. Gibbs) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
July 23, 2019
Additional sponsors: Mr. Van Drew, Miss González-Colón of Puerto Rico, and Mr. Cunningham
July 23, 2019
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 21, 2019]
To authorize appropriations for the Coast Guard, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 101. Authorizations of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 201. Grade on retirement.
Sec. 202. Congressional affairs; Director.
Sec. 203. Limitations on claims.
Sec. 204. Authority for officers to opt out of promotion board consideration.
Sec. 205. Temporary promotion authority for officers in certain grades with critical skills.
Sec. 206. Career intermission program.
Sec. 207. Major acquisitions; operation and sustainment costs.
Sec. 208. Employment assistance.
Sec. 209. Reports on gender diversity in the Coast Guard.
Sec. 210. Disposition of infrastructure related to E–LORAN.
Sec. 211. Positions of importance and responsibility.
Sec. 212. Coast Guard pay; continuation.
Sec. 213. Research projects; transactions other than contracts and grants.
Sec. 214. Acquisition workforce authorities.
Sec. 215. Coast Guard Housing Fund.
Sec. 216. Report on Coast Guard defense readiness resources allocation.
Sec. 217. Report on the feasibility of liquefied natural gas fueled vessels.
Sec. 301. Electronic charts; equivalency.
Sec. 302. Passenger vessel security and safety requirements; application.
Sec. 303. Non-operating individual.
Sec. 304. Small passenger vessels and uninspected passenger vessels.
Sec. 305. Installation vessels.
Sec. 306. Advisory committees.
Sec. 307. Expired maritime liens.
Sec. 308. Offshore navigation.
Sec. 309. Training; emergency response providers.
Sec. 310. Aiming a laser pointer at a vessel.
Sec. 311. Maritime transportation assessment.
Sec. 312. Safety of special activities.
Sec. 313. Engine cut-off switches; use requirement.
Sec. 314. Exemptions and equivalents.
Sec. 315. Abandoned seafarers fund.
Sec. 316. Ice patrol; payments.
Sec. 317. Security plans; reviews.
Sec. 318. Waiver of navigation and vessel inspection laws.
Sec. 319. Requirement for small shipyard grantees.
Sec. 320. Independent study on the United States Merchant Marine Academy.
Sec. 321. Centers of excellence for domestic maritime workforce training and education.
Sec. 322. Renewal of merchant mariner licenses and documents.
Sec. 401. Coastwise trade.
Sec. 402. Unmanned maritime systems.
Sec. 403. Expedited transfer in cases of sexual assault; dependents of members of the Coast Guard.
Sec. 404. Towing vessels; operation outside the boundary line.
Sec. 405. Coast Guard authorities study.
Sec. 406. Cloud computing strategy.
Sec. 407. Report on effects of climate change on Coast Guard.
Sec. 408. Shore infrastructure.
Sec. 409. Physical access control system report.
Sec. 410. Coastwise endorsements.
Sec. 411. Polar security cutter acquisition report.
Sec. 412. Sense of the Congress on the need for a new Great Lakes icebreaker.
Sec. 413. Cargo preference study.
Sec. 414. Insider Threat program.
Sec. 415. Fishing safety grants.
Sec. 416. Plans for demonstration programs.
Sec. 417. Waters deemed not navigable waters of the United States for certain purposes.
Sec. 418. Coast Guard housing; status and authorities briefing.
Sec. 419. Conveyance of Coast Guard property at Point Spencer, Alaska.
Sec. 420. Prohibition.
Sec. 421. Certificate extensions.
Sec. 422. Homeland security rotational cybersecurity research program at the Coast Guard Academy.
Sec. 423. Towing vessel inspection fees.
Sec. 424. Subrogated claims.
Sec. 425. Loan provisions under Oil Pollution Act of 1990.
Sec. 426. Liability limits.
Sec. 427. Report on drug interdiction in the Caribbean basin.
Sec. 428. Voting Requirement.
Sec. 501. Uninspected commercial fishing industry vessels.
Sec. 502. Transfers.
Sec. 503. Repeals.
Sec. 601. Maritime transportation system.
Sec. 602. References to “persons” and “seamen”.
Sec. 603. Common appropriation structure.
Sec. 604. References to “himself” and “his”.
Sec. 605. References to “motorboats” and “yachts”.
Sec. 606. Miscellaneous technical corrections.
Sec. 607. Technical corrections relating to codification of Ports and Waterways Safety Act.
Sec. 701. Short title.
Sec. 702. Authorization of appropriations.
Sec. 801. Short title.
Sec. 802. Coast Guard Academy study.
Sec. 803. Annual report.
Sec. 804. Assessment of Coast Guard Academy admission processes.
Sec. 805. Coast Guard Academy minority outreach team program.
Sec. 806. Coast Guard college student pre-commissioning initiative.
Sec. 807. Annual board of visitors.
Section 4902 of title 14, United States Code, is amended—
(1) in the matter preceding paragraph (1), by striking “year 2019” and inserting “years 2020 and 2021”;
(2) in paragraph (1)(A), by striking “provided for, $7,914,195,000 for fiscal year 2019.” and inserting “provided for—
(3) in paragraph (1)(B), by striking “subparagraph (A)—” and inserting “subparagraph (A)(i), $17,035,000 shall be for environmental compliance and restoration.”;
(6) in paragraph (2)—
(a) Commandant or Vice Commandant.—Section 303 of title 14, United States Code, is amended—
(b) Other officers.—Section 306 of title 14, United States Code, is amended—
(c) Commissioned or warrant officer.—Section 2501 of title 14, United States Code, is amended—
(1) in subsection (a)—
(D) by adding at the end the following:
“(2) CONDITIONAL DETERMINATION.—When an officer is under investigation for alleged misconduct at the time of retirement, the Secretary may conditionally determine the highest grade of satisfactory service of the officer pending completion of the investigation. Such grade is subject to resolution under subsection (c)(2).”;
(3) by adding at the end the following:
“(c) Retirement in next lower grade.—
“(1) MISCONDUCT IN LOWER GRADE.—In the case of an officer whom the Secretary determines committed misconduct in a lower grade, the Secretary may determine the officer has not served satisfactorily in any grade equal to or higher than that lower grade.
“(2) CONDITIONAL DETERMINATION.—A determination of the retired grade of an officer shall be resolved following a conditional determination under subsection (a)(2) or (b)(2) if the investigation of or personnel action against the officer or warrant officer, as applicable, results in adverse findings.
“(3) RETIRED PAY; RECALCULATION.—If the retired grade of an officer is reduced, the retired pay of the officer under chapter 71 of title 10 shall be recalculated, and any modification of the retired pay of the officer shall go into effect on the effective date of the reduction in retired grade.
“(d) Finality of retired grade determinations.—
“(1) ADMINISTRATIVE FINALITY.—Except as otherwise provided by law, a determination of the retired grade of an officer pursuant to this section is administratively final on the day the officer is retired, and may not be reopened.
“(2) REOPENING DETERMINATION.—A determination of the retired grade of an officer may be reopened as follows:
“(B) If substantial evidence comes to light after the retirement that could have led to a lower retired grade under this section if known by competent authority at the time of retirement.
“(3) NOTIFICATION OF REOPENING.—If a determination or certification of the retired grade of an officer is reopened, the Secretary—
“(4) RETIRED PAY; RECALCULATION.—If the retired grade of an officer is reduced through the reopening of the officer’s or warrant officer’s retired grade, the retired pay of the officer under chapter 71 of title 10 shall be recalculated, and any modification of the retired pay of the officer shall go into effect on the effective date of the reduction of the officer’s retired grade.”.
(a) In general.—Chapter 3 of title 14, United States Code, as amended by this Act, is further amended by adding at the end the following:
(b) Clerical amendment.—The analysis for chapter 3 of title 14, United States Code, as amended by this Act, is further amended by adding at the end the following:
“320. Congressional affairs; Director.”.
(a) Eligibility of officers for consideration for promotion.—Section 2113 of title 14, United States Code, is amended by adding at the end the following:
“(g) (1) Notwithstanding subsection (a), the Commandant may provide that an officer may, upon the officer’s request and with the approval of the Commandant, be excluded from consideration by a selection board convened under section 2106(a).
“(2) The Commandant shall approve a request under paragraph (1) only if—
“(A) the basis for the request is to allow the officer to complete a broadening assignment, advanced education, another assignment of significant value to the Coast Guard, a career progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as determined by the Commandant;
(b) Eligibility of reserve officer for promotion.—Section 3743 of title 14, United States Code, is amended to read as follows:
Ҥ 3743. Eligibility for promotion
“(a) In general.—Except as provided in subsection (b), a Reserve officer is eligible for consideration for promotion and for promotion under this subchapter, if that officer is in an active status.
“(b) Exception.—A Reserve officer who has been considered but not recommended for retention in an active status by a board convened under subsection 3752(a) of this title, is not eligible for consideration for promotion.
“(c) Request for exclusion.—
“(1) IN GENERAL.—The Commandant may provide that an officer may, upon the officer’s request and with the approval of the Commandant, be excluded from consideration by a selection board convened under section 3740(b) of this title to consider officers for promotion to the next higher grade.
“(2) APPROVAL OF REQUEST.—The Commandant shall approve a request under paragraph (1) only if—
“(A) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Coast Guard, a career progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as determined by the Commandant;
(a) In general.—Subchapter I of Chapter 21 of title 14, United States Code, is amended by adding at the end the following:
Ҥ 2130. Promotion to certain grades for officers with critical skills: captain, commander, lieutenant commander, lieutenant
“(a) In general.—An officer in the grade of lieutenant (junior grade), lieutenant, lieutenant commander, or commander, who is described in subsection (b) may be temporarily promoted to the grade of lieutenant, lieutenant commander, commander, or captain under regulations prescribed by the Secretary. Appointments under this section shall be made by the President, by and with the advice and consent of the Senate.
“(b) Covered officers.—An officer described in this subsection is any officer in a grade specified in subsection (a) who—
“(c) Preservation of position and status of officers appointed.—
“(d) Board recommendation required.—A temporary promotion under this section may be made only upon the recommendation of a board of officers convened by the Secretary for the purpose of recommending officers for such promotions.
“(e) Acceptance and effective date of appointment.—Each appointment under this section, unless expressly declined, is, without formal acceptance, regarded as accepted on the date such appointment is made, and a member so appointed is entitled to the pay and allowances of the grade of the temporary promotion under this section beginning on the date the appointment is made.
“(f) Termination of appointment.—Unless sooner terminated, an appointment under this section terminates—
“(1) on the date the officer who received the appointment is promoted to the permanent grade of lieutenant, lieutenant commander, commander, or captain;
“(2) on the date the officer is detached from a position described in subsection (b)(2), unless the officer is on a promotion list to the permanent grade of lieutenant, lieutenant commander, commander, or captain, in which case the appointment terminates on the date the officer is promoted to that grade; or
(a) In general.—Subchapter I of chapter 25 of title 14, United States Code, is amended by adding at the end the following:
Ҥ 2514. Career flexibility to enhance retention of members
“(a) Programs authorized.—The Commandant may carry out a program under which members of the Coast Guard may be inactivated from active service in order to meet personal or professional needs and returned to active service at the end of such period of inactivation from active service.
“(b) Period of inactivation from active service; effect of inactivation.—
“(1) IN GENERAL.—The period of inactivation from active service under a program under this section of a member participating in the program shall be such period as the Commandant shall specify in the agreement of the member under subsection (c), except that such period may not exceed three years.
“(2) EXCLUSION FROM YEARS OF SERVICE.—Any service by a Reserve officer while participating in a program under this section shall be excluded from computation of the total years of service of that officer pursuant to section 14706(a) of title 10.
“(c) Agreement.—Each member of the Coast Guard who participates in a program under this section shall enter into a written agreement with the Commandant under which that member shall agree as follows:
“(1) To accept an appointment or enlist, as applicable, and serve in the Coast Guard Ready Reserve during the period of the inactivation of the member from active service under the program.
“(2) To undergo during the period of the inactivation of the member from active service under the program such inactive service training as the Commandant shall require in order to ensure that the member retains proficiency, at a level determined by the Commandant to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active service.
“(d) Conditions of release.—The Commandant shall prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c). At a minimum, the Commandant shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active service.
“(e) Order to active service.—Under regulations prescribed by the Commandant, a member of the Coast Guard participating in a program under this section may, in the discretion of the Commandant, be required to terminate participation in the program and be ordered to active service.
“(f) Pay and allowances.—
“(1) BASIC PAY.—During each month of participation in a program under this section, a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active service in the grade and years of service of the member when the member commences participation in the program.
“(2) SPECIAL OR INCENTIVE PAY OR BONUS.—
“(A) PROHIBITION.—A member who participates in such a program shall not, while participating in the program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37 or section 1925 of this title that is in force when the member commences participation in the program.
“(B) NOT TREATED AS FAILURE TO PERFORM SERVICES.—The inactivation from active service of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program.
“(3) RETURN TO ACTIVE SERVICE.—
“(A) SPECIAL OR INCENTIVE PAY OR BONUS.—Subject to subparagraph (B), upon the return of a member to active service after completion by the member of participation in a program—
“(i) any agreement entered into by the member under chapter 5 of title 37 for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the program; and
“(B) LIMITATION.—
“(i) IN GENERAL.—Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, at the time of the return of the member to active service as described in that subparagraph—
“(ii) PAY OR BONUS CEASES BEING AUTHORIZED.—Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law.
“(C) REPAYMENT.—A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37.
“(4) TRAVEL AND TRANSPORTATION ALLOWANCE.—
“(A) IN GENERAL.—Subject to subparagraph (B), a member who participates in a program is entitled, while participating in the program, to the travel and transportation allowances authorized by section 474 of title 37 for—
“(g) Promotion.—
“(1) OFFICERS.—
“(A) IN GENERAL.—An officer participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under chapter 21 or 37 of this title.
“(h) Continued entitlements.—A member participating in a program under this section shall, while participating in the program, be treated as a member of the Armed Forces on active duty for a period of more than 30 days for purposes of—
“(1) the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of this title; and
“(2) retirement or separation for physical disability under the provisions of chapter 61 of title 10 and chapters 21 and 23 of this title.”.
Section 5103(e)(3) of title 14, United States Code, is amended—
(a) In general.—Subchapter I of chapter 27 of title 14, United States Code, is amended by adding at the end the following:
Ҥ 2713. Employment assistance
“(a) In general.—In order to improve the accuracy and completeness of a certification or verification of job skills and experience required by section 1143(a)(1) of title 10, the Secretary shall—
“(1) establish a database to record all training performed by members of the Coast Guard that may have application to employment in the civilian sector; and
“(2) make unclassified information regarding such information available to States and other potential employers referred to in section 1143(c) of title 10 so that State and other entities may allow military training to satisfy licensing or certification requirements to engage in a civilian profession.
“(b) Form of certification or verification.—The Secretary shall ensure that a certification or verification of job skills and experience required by section 1143(a)(1) of title 10 is rendered in such a way that States and other potential employers can confirm the accuracy and authenticity of the certification or verification.
(a) Action plan.—
(b) Recurring report.—Chapter 51 of title 14, United States Code, is amended by adding at the end the following:
Ҥ 5109. Report on gender diversity in the Coast Guard
“(a) In general.—Not later than January 15, 2022, and biennially thereafter, the Commandant shall submit a report on gender diversity in the Coast Guard to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
“(b) Contents.—The report required under subsection (a) shall contain the following:
“(1) GENDER DIVERSITY OVERVIEW.—An overview of Coast Guard active duty and Reserve members, including the number of officers and enlisted members and the percentages of men and women in each.
“(2) RECRUITMENT AND RETENTION.— (A) An analysis of the changes in the recruitment and retention of women over the previous two years.
“(3) PARENTAL LEAVE.— (A) The number of men and women who took parental leave during each year covered by the report, including the average length of such leave periods.
Section 914 of title 14, United States Code, is amended—
(1) in subsection (a)—
(A) by striking “date” and inserting “later of the date of the conveyance of the properties directed under section 533(a) of the Coast Guard Authorization Act of 2016 (Public Law 114–120) or the date”; and
(2) in subsection (c), by striking paragraph (2) and inserting the following:
“(2) AVAILABILITY OF PROCEEDS.—The proceeds of such sales, less the costs of sale incurred by the General Services Administration, shall be deposited into the Coast Guard Housing Fund and, without further appropriation, shall be available until expended for uses authorized under section 2946 of this title.”.
Section 2103(c)(3) of title 14, United States Code, is amended by striking “rear admiral (lower half)” and inserting “vice admiral”.
(b) Findings.—The Congress makes the following findings:
(c) Coast Guard pay; continuation.—
(1) IN GENERAL.—Chapter 27 of title 14, United States Code, is amended by adding at the end the following:
Ҥ 2780. Pay; continuation during lapse in appropriations
“(a) In general.—In the case of any period in which there is a Coast Guard-specific funding lapse, there are appropriated such sums as may be necessary—
“(1) to provide pay and allowances to military members of the Coast Guard, including the reserve component thereof, who perform active service or inactive-duty training during such period;
“(4) to provide for—
“(A) the payment of a death gratuity under sections 1475 through 1477 and 1489 of title 10, with respect to members of the Coast Guard;
“(5) to provide for Coast Guard retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose, payments under the Retired Serviceman’s Family Protection and Survivor Benefits Plans, payment for career status bonuses, payment of continuation pay under section 356 of title 37, concurrent receipts, combat-related special compensation, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10.
“(b) Coast Guard-Specific funding lapse.—For purposes of this section, a Coast Guard-specific funding lapse occurs in any case in which—
“(c) Termination.—Appropriations and funds made available and authority granted for any fiscal year for any purpose under subsection (a) shall be available until whichever of the following first occurs:
“(1) The enactment into law of an appropriation (including a continuing appropriation) for such purpose.
“(d) Rate for operations; applicability to appropriation acts.—Appropriations made pursuant this section shall be available at a rate for operations and to the extent and in the manner that would be provided by the pertinent appropriations Act.
“(e) Charge to future appropriations.—Expenditures made pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is enacted into law.
“(f) Apportionment.—Appropriations and funds made available by or authority granted under this section may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, but nothing in this section may be construed to waive any other provision of law governing the apportionment of funds.
“(g) Definitions.—In this section:
“(1) QUALIFIED CIVILIAN EMPLOYEE.—The term ‘qualified civilian employee’ means a civilian employee of the Coast Guard whom the Commandant determines is—
“(2) QUALIFIED CONTRACT EMPLOYEE OF THE COAST GUARD.—The term ‘qualified contract employee of the Coast Guard’ means an individual performing work under a contract whom the Commandant determines is—
(2) CLERICAL AMENDMENT.—The analysis for chapter 27 of title 14, United States Code, is amended by adding at the end the following:
“2780. Pay; continuation during lapse in appropriations.”.
(a) In general.—Chapter 7 of title 14, United States Code, is amended by adding at the end the following:
Ҥ 720. Research projects; transactions other than contracts and grants
“(a) Additional forms of transactions authorized.—The Commandant may enter into transactions (other than contracts, cooperative agreements, and grants) in carrying out basic, applied, and advanced research projects. The authority under this subsection is in addition to the authority provided in section 717 to use contracts, cooperative agreements, and grants in carrying out such projects.
“(b) Advance payments.—The authority under subsection (a) may be exercised without regard to section 3324 of title 31.
“(c) Recovery of funds.—
“(1) IN GENERAL.—Subject to subsection (d), a cooperative agreement for performance of basic, applied, or advanced research authorized by section 717, and a transaction authorized by subsection (a), may include a clause that requires a person or other entity to make payments to the Coast Guard or any other department or agency of the Federal Government as a condition for receiving support under the agreement or transaction, respectively.
“(2) AVAILABILITY OF FUNDS.—The amount of any payment received by the Federal Government pursuant to a requirement imposed under paragraph (1) may be credited, to the extent authorized by the Commandant, to an appropriate appropriations account. Amounts so credited shall be merged with other funds in the account and shall be available for the same purposes and the same period for which other funds in such account are available.
“(d) Conditions.—
“(1) IN GENERAL.—The Commandant shall ensure that—
“(A) to the extent that the Commandant determines practicable, no cooperative agreement containing a clause described in subsection (c)(1), and no transaction entered into under subsection (a), provides for research that duplicates research being conducted under existing programs carried out by the Coast Guard; and
“(B) to the extent that the Commandant determines practicable, the funds provided by the Federal Government under a cooperative agreement containing a clause described in subsection (c)(1), or under a transaction authorized by subsection (a), do not exceed the total amount provided by other parties to the cooperative agreement or other transaction, respectively.
“(2) OTHER AGREEMENTS NOT FEASIBLE.—A cooperative agreement containing a clause described in subsection (c)(1), or under a transaction authorized by subsection (a), may be used for a research project only if the use of a standard contract, grant, or cooperative agreement for such project is not feasible or appropriate.
“(e) Education and training.—The Commandant shall—
“(f) Regulations.—The Secretary of the department in which the Coast Guard is operating shall prescribe regulations, as necessary, to carry out this section.
“(g) Protection of certain information from disclosure.—
“(1) IN GENERAL.—Disclosure of information described in paragraph (2) is not required, and may not be compelled, under section 552 of title 5 for five years after the date on which the information is received by the Coast Guard.
“(2) LIMITATION.—
“(A) IN GENERAL.—Paragraph (1) applies to information described in subparagraph (B) that is in the records of the Coast Guard only if the information was submitted to the Coast Guard in a competitive or noncompetitive process having the potential for resulting in an award, to the party submitting the information, of a cooperative agreement for performance of basic, applied, or advanced research authorized by section 717 or another transaction authorized by subsection (a).
“(h) Annual report.—On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing each use of the authority provided under this section during the most recently completed fiscal year, including details of each use consisting of—
(b) Clerical amendment.—The analysis for chapter 7 of title 14, United States Code, is amended by adding at the end the following:
“720. Research projects; transactions other than contracts and grants.”.
(a) In general.—Chapter 11 of title 14, United States Code, as amended by this Act, is further amended by inserting after section 1110 the following:
Ҥ 1111. Acquisition workforce authorities
“(a) Expedited hiring authority.—
“(b) Reemployment authority.—
“(1) IN GENERAL.—Except as provided in paragraph (2), if an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in any category of acquisition positions designated by the Commandant under subsection (a), the annuity of the annuitant so employed shall continue. The annuitant so reemployed shall not be considered an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5.
“(2) (A) ELECTION.—An annuitant retired under section 8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity from the Civil Service Retirement and Disability Fund, who becomes employed in any category of acquisition positions designated by the Commandant under subsection (a) after date of enactment of the Coast Guard Authorization Act of 2019, may elect to be subject to section 8344 or 8468 of such title (as the case may be).
“(i) DEADLINE.—An election for coverage under this subsection shall be filed not later than 90 days after the Commandant takes reasonable actions to notify an employee who may file an election.
(b) Clerical amendment.—The table of contents of chapter 11 of title 14, United States Code, is amended by inserting after the item relating to section 1110 the following:
“1111. Acquisition workforce authorities.”.
Section 2946 of title 14, United States Code, is amended—
(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report on the allocation of resources by the Coast Guard to support its defense readiness mission.
(b) Contents.—The report required by subsection (a) shall include the following elements:
(1) Funding levels allocated by the Coast Guard to support defense readiness missions for each of the past ten fiscal years.
(c) Assessment.—In addition to the elements detailed in subsection (b), the report shall include an assessment of the impacts on the Coast Guard’s non-defense mission readiness and operational capabilities due to the annual levels of reimbursement provided by the Department of Defense to compensate the Coast Guard for its expenses to fulfill its defense readiness mission.
Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the following:
(1) The feasibility, safety, and cost effectiveness of using liquefied natural gas to fuel new Coast Guard vessels.
(a) Requirements.—Section 3105(a)(1) of title 46, United States Code, is amended to read as follows:
“(1) ELECTRONIC CHARTS IN LIEU OF MARINE CHARTS, CHARTS, AND MAPS.—Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, shall be equipped with and operate electronic navigational charts conforming to a standard acceptable to the Secretary in lieu of any marine charts, charts, and maps required by titles 33 and 46, Code of Federal Regulations, as in effect on the date of the enactment of this paragraph:
(b) Exemptions and waivers.—Section 3105(a)(2) of title 46, United States Code, is amended by—
(3) by adding at the end the following:
“(C) permit vessels that operate solely landward of the baseline from which the territorial sea of the United States is measured to utilize software-based, platform-independent electronic chart systems that the Secretary determines are capable of displaying electronic navigational charts with necessary scale and detail to ensure safe navigation for the intended voyage.”.
Section 3507(k)(1) of title 46, United States Code, is amended—
(a) Definition.—Section 2101 of title 46, United States Code, is amended by inserting after paragraph (23) the following:
“(23a) ‘non-operating individual’ means an individual who—
“(A) does not perform—
“(i) with respect to the operation of a vessel, watchstanding, automated engine room duty watch, navigation, or personnel safety functions;
“(ii) with respect to the loading and unloading of merchandise, cargo handling functions, including any activity relating to the loading or unloading of cargo, the operation of cargo-related equipment (whether or not integral to the vessel), and the handling of mooring lines on the dock when the vessel is made fast or let go;
“(E) is not a citizen or temporary or permanent resident of a country designated by the United States as a sponsor of terrorism or any other country that the Secretary, in consultation with the Secretary of State and the heads of other appropriate United States agencies, determines to be a security threat to the United States;
“(F) is not specifically exempted from the requirement to have a merchant mariner’s document under section 8701(a);
“(G) has not been convicted in any jurisdiction of an offense described in paragraph (2) or (3) of section 7703;
(b) Citizenship and navy reserve requirements.—Section 8103(j) of title 46, United States Code, is amended by—
(c) Requirements relating to non-Operating individuals.—
(1) IN GENERAL.—Chapter 81 of title 46, United States Code, is amended—
(B) by inserting after section 8106 the following:
Ҥ 8107. Requirements relating to non-operating individuals
“(a) In general.—The owner or managing operator of a merchant vessel of the United States of at least 100 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104, shall—
“(1) ensure that—
“(A) each non-operating individual on the vessel—
“(2) ensure that—
“(B) the employer of such an individual attests in a certificate to the owner or managing operator that—
“(i) the background of such individual has been examined and found to be free of any credible information indicating a material risk to the security of the vessel, the vessel’s cargo, the ports the vessel visits, or other individuals onboard the vessel;;
“(ii) such examination—
“(I) met the requirements of section 70105(d)(2), for persons described in paragraph (1)(A)(i) of this subsection; or
“(II) consisted of a search of all information reasonably available to the owner or managing operator in the individual’s country of citizenship and any other country in which the individual works, receives employment referrals, or resides, for persons described in paragraph (1)(A)(ii) of this subsection; and
“(3) ensure that each non-operating individual of the vessel, while on board the vessel, is subject to the same random chemical testing and reporting regimes as crew members;
“(4) ensure that each such individual employed on the vessel receives basic safety familiarization and basic safety training approved by the Coast Guard; and
“(5) ensure that every non-operating individual of the vessel is employed on board the vessel under conditions that meet or exceed the minimum international standards of all applicable international labor conventions to which the United States is a party, including all of the merchant seamen protection and relief provided under United States law.
“(b) Recordkeeping.—In addition to the requirements of subsection (a), the owner or managing operator of a vessel to which subsection (a) applies shall ensure that all information necessary to ensure compliance with this section, as determined by the Secretary, is entered into the vessel’s official logbook required by chapter 113.
(2) CLERICAL AMENDMENTS.—The analysis for chapter 81 of title 46, United States Code, is amended by striking the item relating to section 8107 and inserting the following:
“8107. Requirements relating to non-operating individuals.
“8108. Use of force against piracy.”.
Section 12121 of title 46, United States Code, is amended—
(a) In general.—Chapter 551 of title 46, United States Code, is amended by adding at the end the following new section:
“(a) Initial determination of coastwise qualified vessel.—No later than 180 days after the date of the enactment of this section, the Secretary of Transportation shall determine whether an installation vessel exists for which a coastwise endorsement has been issued under section 12112.
“(b) Application.—If the Secretary of Transportation determines under subsection (a) that no such coastwise qualified vessel exists, then, after the date on which such determination is made, lifting operations between a vessel for which a coastwise endorsement has been issued under section 12112 and an installation vessel for which no such endorsement has been issued is not transportation of merchandise for the purposes of section 55102.
“(c) Requests for determinations of coastwise qualified vessels.—
“(1) IN GENERAL.—After the date on which the determination is made under subsection (a), an installation vessel for which a coastwise endorsement has been issued under section 12112, the owner or operator of such installation vessel may seek a new determination from the Secretary of Transportation that an installation vessel for which a coastwise endorsement has been issued under section 12112 exists.
“(2) APPLICATION TO NON-QUALIFIED VESSELS.—If the Secretary of Transportation makes a determination under paragraph (1) that a coastwise qualified vessel exists, then—
“(A) the owner or operator of an installation vessel for which no coastwise endorsement has been issued under section 12112 shall seek a determination of the availability of a coastwise qualified vessel under paragraph (3) before using such non-coastwise qualified vessel for the transportation of a platform jacket; and
“(B) after the date on which such determination is made, the owner or operator of an installation vessel for which no coastwise endorsement has been issued under section 12112 shall not use such non-coastwise qualified vessel for the transportation of a platform jacket unless the Secretary of Transportation determines a coastwise qualified is not available under paragraph (4).
“(3) CRITERIA FOR DETERMINATION OF AVAILABILITY.—The Secretary of Transportation shall determine a coastwise qualified vessel is not available if—
“(A) the owner or operator of a non-coastwise qualified vessel submits to the Secretary of Transportation an application for the use of a non-coastwise qualified installation vessel for transportation of a platform jacket under this section that includes all relevant information, including engineering details and timing requirements, and such application is submitted not less than 1 year before the date such vessel is required for such use;
“(B) the Secretary provides the application made under subparagraph (A) to the owner of each coastwise qualified vessel listed as an installation vessel in the inventory under section 12138(c) and promptly publishes in the Federal Register a notice—
“(C) (i) within such 45-day period no information is submitted to the Secretary from owners or operators of coastwise qualified installation vessels to meet the requirements of the application required under paragraph (A); or
“(ii) the owner or operator of a coastwise qualified installation vessel submits information to the Secretary asserting that the owner or operator has a suitable coastwise qualified installation vessel available to meet the requirements of the application required under paragraph (A), but the Secretary determines, within 90 days after the notice is first published, that the coastwise qualified installation vessel is not suitable or reasonably available for the transportation.
“(d) Definitions.—In this section:
“(1) INSTALLATION VESSEL.—The term ‘installation vessel’ means a vessel using a crane suitable for offshore use that—
“(2) LIFTING OPERATIONS.—The term ‘lifting operations’ means the lifting of platform jackets by crane from the time that the lifting activity begins when unlading from a vessel or removing offshore facilities or subsea infrastructure until the time that the lifting activities are terminated for a particular unlading, installation, or removal of offshore facilities or subsea infrastructure.
(b) Clerical amendment.—The analysis for chapter 551 of title 46, United States Code, is amended by adding at the end the following:
(c) Inventory.—Section 12138(b) of title 46, United States Code, is amended—
(2) by amending paragraph (1) to read as follows:
(d) Notice of modification or revocation.—No later than 30 days after the enactment of this Act, the Secretary of Homeland Security, acting through the Commissioner of Customs and Border Protection, shall issue a notice, including an opportunity for public comment, on the modification or revocation of Letter Rulings 101925, 108442, 113841, 114435, 115185, 115218, 115311, 115487, 115522, 115771, 115938, 116078, H004242 with respect to the application of the section 55102 of title 46, Shipping, United States Code, to certain offshore operations.
(a) National Offshore Safety Advisory Committee; representation.—Section 15106(c)(3) of title 46, United States Code, is amended—
(1) in subparagraph (C), by striking “mineral and oil operations, including geophysical services” and inserting “operations”;
(3) in subparagraph (E), by striking “engaged in diving services related to offshore construction, inspection, and maintenance” and inserting “providing diving services to the offshore industry”;
(4) in subparagraph (F), by striking “engaged in safety and training services related to offshore exploration and construction” and inserting “providing safety and training services to the offshore industry”;
(5) in subparagraph (G), by striking “engaged in pipelaying services related to offshore construction” and inserting “providing subsea engineering, construction, or remotely operated vehicle support to the offshore industry”;
(b) Advisory committees; testimony.—Section 15109(j)(4) of title 46, United States Code, is amended by adding at the end the following:
(c) National Maritime Transportation System Advisory Committee.—
(1) IN GENERAL.—Chapter 555 of title 46, United States Code, is amended by adding at the end the following:
Ҥ 55502. National Maritime Transportation System Advisory Committee
“(a) Establishment.—There is established a National Maritime Transportation System Advisory Committee (in this section referred to as the ‘Committee’).
“(b) Function.—The Committee shall advise the Secretary of Transportation on matters relating to the United States maritime transportation system and its seamless integration with other segments of the transportation system, including the viability of the United States Merchant Marine.
“(c) Membership.—
“(1) IN GENERAL.—The Committee shall consist of 25 members appointed by the Secretary of Transportation in accordance with this section and section 15109.
“(2) EXPERTISE.—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
“(3) REPRESENTATION.—Members of the Committee shall be appointed as follows:
(2) TREATMENT OF EXISTING COMMITTEE.—Notwithstanding any other provision of law—
(A) an advisory committee substantially similar to the National Maritime Transportation System Advisory Committee established by this section and that was in force or in effect on the day before the date of the enactment of this Act, including the charter, membership, and other aspects of such committee, may remain in force or in effect for the 2-year period beginning on the date of the enactment of this section; and
(B) during such 2-year period—
(i) requirements relating the National Maritime Transportation System Advisory Committee established by such section shall be treated as satisfied by such substantially similar advisory committee; and
(3) CLERICAL AMENDMENT.—The analysis for chapter 555 of title 46, United States Code, is amended by adding at the end the following:
“55502. National Maritime Transportation System Advisory Committee.”.
(d) Great Lakes Pilotage Advisory Committee.—
(1) IN GENERAL.—Title 46, United States Code, is amended by striking section 9307 and inserting the following:
Ҥ 9307. Great Lakes Pilotage Advisory Committee
“(a) Establishment.—There is established a Great Lakes Pilotage Advisory Committee (in this section referred to as the ‘Committee’).
“(b) Function.—The Committee—
“(c) Membership.—
“(1) IN GENERAL.—The Committee shall consist of 7 members appointed by the Secretary in accordance with this section and section 15109.
“(2) EXPERTISE.—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
“(3) REPRESENTATION.—Members of the Committee shall be appointed as follows:
“(A) The President of each of the 3 Great Lakes pilotage districts, or the President’s representative.
“(B) At least 1 member shall represent the interests of vessel operators that contract for Great Lakes pilotage services.
(2) TREATMENT OF EXISTING COMMITTEE.—Notwithstanding any other provision of law—
(A) an advisory committee substantially similar to the Great Lakes Pilotage Advisory Committee established by section 9307 of title 46, United States Code, as amended by this section, and that was in force or in effect on the day before the date of the enactment of this Act, including the charter, membership, and other aspects of the committee, may remain in force or in effect for a period of 2 years from the date of enactment of this Act; and
(B) during such 2-year period—
(i) requirements relating to the Great Lakes Pilotage Advisory Committee established by section 9307 of title 46, United States Code, as amended by this section, shall be treated as satisfied by the substantially similar advisory committee; and
Section 31343(e) of title 46, United States Code, is amended—
(a) Port access routes.—Section 70003(e) of title 46, United States Code, is amended—
(3) by adding at the end the following:
“(5) shall, unless otherwise authorized by the Secretary, and notwithstanding any other provision of this chapter, require—
(b) Navigation; conflict mitigation.—Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall implement the recommendations of the Atlantic Coast Port Access Route Study, docket number USCG–2011–0351, dated February 24, 2016, including any recommendations in the appendices thereto.
(c) Fairways.—Not later than July 1, 2021, the Commandant of the Coast Guard shall conduct a review of navigation on the East Coast of the United States and submit recommendations for new fairways on such coast to facilitate commerce to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(a) Security plan implementation grants.—Section 70107 of title 46, United States Code, is amended—
(1) in subsection (a), by striking “law enforcement personnel” and inserting “emergency response providers”;
(b) Credentialing for State and local support.—Section 70132 of title 46, United States Code, is amended—
(1) in subsection (a), by striking “law enforcement personnel—” and inserting “emergency response providers—”;
(2) in subsection (b), by striking “law enforcement personnel” each place it appears and inserting “emergency response providers”; and
(3) by adding at the end the following:
“(d) Definition.—For the purposes of this section, the term ‘emergency response providers’ has the meaning given that term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).”.
(a) In general.—Subchapter II of chapter 700 of title 46, United States Code, is amended by adding at the end the following:
Ҥ 70014. Aiming a laser pointer at a vessel
“(a) Prohibition.—It shall be unlawful to cause the beam of a laser pointer to strike a vessel operating on the navigable waters of the United States.
“(b) Exceptions.—This section shall not apply to a member or element of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training.
“(c) Laser pointer defined.—In this section the term ‘laser pointer’ means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object.”.
Section 55501(e) of title 46, United States Code, is amended—
(a) In general.—Title 46, United States Code, is amended by inserting after section 70005 the following:
Ҥ 70006. Safety of special activities
“(a) In general.—The Secretary may establish a safety zone to address special activities in the exclusive economic zone.
“(b) Definitions.—In this section:
“(1) The term ‘safety zone’ has the meaning provided in section 165.20 of title 33, Code of Federal Regulations.
“(2) The term ‘special activities’ includes—
“(A) space activities, including launch and reentry, as those terms are defined in section 50902 of title 51, carried out by United States citizens; and
“(B) offshore energy development activities, as described in section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)), on or near a fixed platform.
(b) Clerical amendment.—The analysis for chapter 700 of title 46, United States Code, is amended by inserting after the item relating to section 70005 the following:
“70006. Safety of special activities.”.
(a) In general.—Section 4312 of title 46, United States Code, is amended—
(1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and
(b) Civil penalty.—Section 4311 of title 46, United States Code, is amended by—
(c) Effective date.—The amendments made in subsections (a) and (b) shall take effect 90 days after the date of the enactment of this section, unless the Commandant of the Coast Guard, prior to the date that is 90 days after the date of the enactment of this section, determines that the use requirement enacted in subsection (a) would not promote recreational boating safety.
(a) In general.—Section 4305 of title 46, United States Code, is amended—
(b) Clerical amendment.—The analysis for chapter 43 of title 46, United States Code, is amended by striking the item relating to section 4305 and inserting the following:
“4305. Exemptions and equivalents.”.
Section 11113 of title 46, United States Code, is amended—
Section 80301(c) of title 46, United States Code, is amended by striking “operating expenses of the Coast Guard.” and inserting “operations and support of the Coast Guard and shall remain available until expended.”.
Section 70103 of title 46, United States Code, is amended—
Section 501(a) of title 46, United States Code, is amended—
(2) by adding at the end the following:
“(2) EXPLANATION.—Not later than 24 hours after making a request under paragraph (1), the Secretary of Defense shall submit to the Committees on Transportation and Infrastructure and Armed Services of the House of Representatives and the Committees on Commerce, Science, and Transportation and Armed Services of the Senate a written explanation of the circumstances requiring such a waiver in the interest of national defense, including a confirmation that there are insufficient qualified vessels to meet the needs of national defense without such a waiver.”.
Section 54101(d) of title 46, United States Code, is amended—
(2) by adding at the end the following:
“(2) BUY AMERICA.—
“(A) IN GENERAL.—Subject to subparagraph (B), no funds may be obligated by the Administrator of the Maritime Administration under this section, unless each product and material purchased with those funds (including products and materials purchased by a grantee), and including any commercially available off-the-shelf item, is—
“(B) EXCEPTIONS.—
“(i) IN GENERAL.—Notwithstanding subparagraph (A), the requirements of that subparagraph shall not apply with respect to a particular product or material if such Administrator determines—
“(C) DEFINITIONS.—In this paragraph:
“(i) COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEM.—The term ‘commercially available off-the-shelf item’ means—
“(ii) PRODUCT OR MATERIAL.—The term ‘product or material’ means an article, material, or supply brought to the site by the recipient for incorporation into the building, work, or project. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall seek to enter into an agreement with the National Academy of Public Administration (referred to in this section as the “Academy”) to carry out the activities described in this section.
(b) Study elements.—In accordance with the agreement described in subsection (a), the Academy shall conduct a study of the United States Merchant Marine Academy that consists of the following:
(1) A comprehensive assessment of the United States Merchant Marine Academy’s systems, training, facilities, infrastructure, information technology, and stakeholder engagement.
(2) Identification of needs and opportunities for modernization to help the United States Merchant Marine Academy keep pace with more modern campuses.
(c) Deadline and report.—Not later than 1 year after the date of the agreement described in subsection (a), the Academy shall prepare and submit to the Administrator of the Maritime Administration a report containing the action plan described in subsection (b)(3), including specific findings and recommendations.
Section 54102 of title 46, United States Code, is amended—
Section 7507 of title 46, United States Code, is amended by adding at the end the following:
(a) In general.—The Commandant of the Coast Guard shall review the adequacy of and continuing need for provisions in title 46, Code of Federal Regulations, that require a United States vessel documented under chapter 121 of title 46, United States Code, possessing a coastwise endorsement under that chapter, and engaged in coastwise trade, to comply with regulations for vessels engaged in an international voyage.
(b) Briefing.—Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on the findings of the review required under subsection (a) and a discussion of how existing laws and regulations could be amended to ensure the safety of vessels described in subsection (a) while infringing as little as possible on commerce.
(a) Assessment.—
(b) Report.—
(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, and biennially thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the actual and potential effects of the use of then-existing unmanned maritime systems on the mission effectiveness of the Coast Guard.
(2) CONTENTS.—Each report submitted under paragraph (1) shall include the following:
(c) Definitions.—In this section:
(1) UNMANNED MARITIME SYSTEMS.—
Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall establish a policy to allow the transfer of a member of the Coast Guard whose dependent is the victim of sexual assault perpetrated by a member of the Armed Forces who is not related to the victim.
(a) Interim exemption.—A towing vessel to which this section applies is exempt from any additional requirements of subtitle II of title 46, United States Code, and chapter I of title 33 and chapter I of title 46, Code of Federal Regulations, that would result solely from such vessel operating outside the Boundary Line (as such term is defined in section 103 of title 46, United States Code) if such vessel—
(b) Applicability.—This section applies to a towing vessel—
(1) that is subject to inspection under chapter 33 of title 46, United States Code, and subchapter M of title 46, Code of Federal Regulations;
(2) with only “Lakes, Bays, and Sounds” or “Rivers” routes recorded on such vessel’s certificate of inspection under section 136.230 of title 46, Code of Federal Regulations; and
(3) (A) that, with respect to a vessel that is described in subsection (a)(1), is listed—
(i) on a vessel response plan under part 155 of title 33, Code of Federal Regulations, on the date of approval of the vessel response plan; or
(c) Limitations.—A vessel exempted under subsection (a) is subject to the following operating limitations:
(1) RESPONSE VESSELS.—The voyage of a vessel exempted under subsection (a)(1) shall—
(d) Termination.—The interim exemption provided under subsection (a) shall terminate on July 22, 2023.
(e) Restriction.—The Officer In-Charge, Marine Inspection, as defined in section 3305(d)(4) of title 46, United States Code, for an inspection zone may restrict operations under the exemptions provided under subsection (a) for safety purposes.
(a) In general.—The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Sciences not later than 60 days after the date of the enactment of this Act under which the Academy shall prepare an assessment of Coast Guard authorities.
(b) Assessment.—The assessment under subsection (a) shall provide—
(1) an examination of emerging issues that may require Coast Guard oversight, regulation, or action;
(c) Report to the Congress.—Not later than 1 year after entering into an arrangement with the Secretary under subsection (a), the National Academy of Sciences shall submit the assessment under this section to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a detailed description of the Coast Guard’s strategy to implement cloud computing for the entire Coast Guard, including—
(1) the goals and acquisition strategies for all proposed enterprise-wide cloud computing service procurements;
(2) a strategy to sustain competition and innovation throughout the period of performance of each contract for procurement of cloud-computing goods and services for the Coast Guard, including defining opportunities for multiple cloud-service providers and insertion of new technologies;
(a) In general.—Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on vulnerabilities of Coast Guard installations and requirements resulting from climate change over the next 20 years.
(b) Elements.—The report under subsection (a) shall include the following:
(1) A list of the 10 most vulnerable Coast Guard installations based on the effects of climate change, including rising sea tides, increased flooding, drought, desertification, wildfires, thawing permafrost, or any other categories the Commandant determines necessary.
(2) An overview of—
(a) In general.—Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall—
(2) establish shore infrastructure performance goals, measures, and baselines to track the effectiveness of maintenance and repair investments and provide feedback on progress made;
(3) develop a process to routinely align the Coast Guard shore infrastructure portfolio with mission needs, including disposing of unneeded assets;
(4) establish guidance for planning boards to document inputs, deliberations, and project prioritization decisions for infrastructure maintenance projects;
(b) Briefing.—Not later than December 31, 2020, the Commandant of the Coast Guard 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 status of the actions required under subsection (a).
Not later 180 days after the date of the enactment of this Act and annually for each of the 4 years thereafter, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report regarding the status of the Coast Guard’s compliance with Homeland Security Presidential Directive 12 (HSPD–12) and Federal Information Processing Standard 201 (FIPS–201), including—
(a) “Safari voyager”.—
(1) IN GENERAL.—Notwithstanding sections 12112 and 12132 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating shall issue a certificate of documentation with a coastwise endorsement for the vessel Safari Voyager (International Maritime Organization number 8963753).
(b) “Pacific provider”.—
(1) IN GENERAL.—Notwithstanding sections 12112 and 12132 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the vessel Pacific Provider (United States official number 597967).
(c) Documentation of LNG tankers.—Section 7(b)(3) of the America’s Cup Act of 2011 (Public Law 112–61) is amended by—
(d) Replacement vessel.—Notwithstanding section 208(g)(5) of the American Fisheries Act (Public Law 105–277; 16 U.S.C. 1851 note), a vessel eligible under section 208(e)(21) of such Act that is replaced under section 208(g) of such Act shall be subject to a sideboard restriction catch limit of zero metric tons in the Bering Sea and Aleutian Islands and in the Gulf of Alaska unless that vessel is also a replacement vessel under section 679.4(o)(4) of title 50, Code of Federal Regulations, in which case such vessel shall not be eligible to be a catcher/processor under section 206(b)(2) of such Act.
Not later than one year after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit a report to the Committees on Transportation and Infrastructure and Armed Services of the House of Representatives, and the Committees on Commerce, Science and Transportation and Armed Services of the Senate on—
(1) the extent to which specifications, key drawings, and detail design for the Polar Security Cutter are complete before the start of construction;
(2) the extent to which Polar Security Cutter hulls numbers one, two, and three are science ready; and
(3) what actions will be taken to ensure that Polar Security Cutter hull number four is science capable, as described in the National Academies of Sciences, Engineering, and Medicine’s Committee on Polar Icebreaker Cost Assessment letter report entitled “Acquisition and Operation of Polar Icebreakers: Fulfilling the Nation’s Needs” and dated July 11, 2017.
(a) Findings.—The Congress finds the following:
(1) The Great Lakes shipping industry is crucial to the American economy, including the U.S. manufacturing base, providing important economic and national security benefits.
(2) A recent study found that the Great Lakes shipping industry supports 237,000 jobs and tens of billions of dollars in economic activity.
(3) United States Coast Guard icebreaking capacity is crucial to full utilization of the Great Lakes shipping system, as during the winter icebreaking season up to 15 percent of annual cargo loads are delivered and many industries would have to reduce their production if Coast Guard icebreaking services were not provided.
(4) Six of the Coast Guard’s nine icebreaking cutters in the Great Lakes are more than 30 years old and are frequently inoperable during the winter icebreaking season, including those that have completed a recent service life extension program.
(5) During the previous 10 winters, Coast Guard Great Lakes icebreaking cutters have been inoperable for an average of 65 cutter-days during the winter icebreaking season, with this annual lost capability exceeding 100 cutter-days, with a high of 246 cutter-days during the winter of 2017–2018.
(6) The 2019 ice season provides further proof that current Coast Guard icebreaking capacity is inadequate for the needs of the Great Lakes shipping industry, as only six of the nine icebreaking cutters are operational and millions of tons of cargo was not loaded or was delayed due to inadequate Coast Guard icebreaking assets during a historically average winter for Great Lakes ice coverage.
(a) In general.—The Comptroller General of the United States shall conduct an audit regarding the enforcement of the United States cargo preference program under section 55305 of title 46, United States Code.
(b) Scope.—The audit conducted under subsection (a) shall include—
(1) a description of the agencies and organizations required to comply with cargo preference requirements;
(c) Report.—Not later than one year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the results of the audit required under subsection (a) and providing recommendations related to such results.
Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard 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 a plan to expand the Coast Guard Insider Threat program to include the monitoring of all Coast Guard devices, including mobile devices.
The cap on the Federal share of the cost of any activity carried out with a grant under subsections (i) and (j) of section 4502 of title 46, United States Code, as in effect prior to the date of enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018, shall apply to any funds appropriated under the Consolidated Appropriations Act, 2017 (Public Law 115–31) for the purpose of making such grants.
(a) In general.—The Commandant of the Coast Guard shall develop plans for demonstration programs that will assess the feasibility of using unmanned aircraft systems for surveillance of marine protected areas, the transit zone, and the Arctic to—
(b) Requirements.—The plans required under subsection (a) shall include—
(1) discussion of the feasibility, safety, and cost effectiveness of using unmanned aerial vehicles for the purposes of enhancing maritime domain awareness in marine protected areas;
(2) coordination and communication plans to facilitate coordination with other relevant Federal, State, Tribal, and local agencies, and international partners;
(c) Report.—Not later than one year after the date of the enactment of this Act, 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 plans required under subsection (a).
(d) Definitions.—In this section:
(1) ARCTIC.—The term “Arctic” has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
(2) MARINE PROTECTED AREA.—The term “marine protected area” means any discrete area of the marine environment under a Federal statute.
(3) TRANSIT ZONE.—The term “transit zone” has the meaning given that term in section 1092(a)(8) of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 223(a)(8)).
(4) UNMANNED AIRCRAFT SYSTEM.—The term “unmanned aircraft system” has the meaning given that term in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).
The Coalbank Slough in Coos Bay, Oregon, is deemed to not be navigable waters of the United States for all purposes of subchapter J of Chapter I of title 33, Code of Federal Regulations.
Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on Coast Guard housing, including—
(4) a discussion of whether reauthorizing housing authorities for the Coast Guard similar to those provided in section 208 of the Coast Guard Authorization Act of 1996 (Public Law 104–324); and
(1) Section 533 of the Coast Guard Authorization Act of 2016 (Public Law 114–120) is amended by adding at the end the following:
“(f) Remedial actions.—For purposes of the transfers under this section, the remedial actions required under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) may be completed by the United States Coast Guard after the date of such transfer and a deed entered into for such transfer shall include a clause granting the United States Coast Guard access to the property in any case in which remedial action or corrective action is found to be necessary after the date of such transfer.”.
(2) Section 534(a) of the Coast Guard Authorization Act of 2016 (Public Law 114–120) is amended by—
(a) In general.—The Secretary of the department in which the Coast Guard is operating shall not establish anchorage grounds on the Hudson River between Yonkers, New York, and Kingston, New York, under section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 U.S.C. 471) or chapter 700 of title 46, United States Code, in addition to any anchorage grounds in effect in such area on the date of the enactment of this Act.
(b) Restriction.—The Commandant may not establish or expand any anchorages outside of the reach on the Hudson River described in subsection (a) without first providing notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 180 days prior to the establishment or expansion of any such anchorages.
(a) In general.—Subchapter I of chapter 121 of title 46, United States Code, is amended by adding at the end the following:
Ҥ 12108. Authority to extend the duration of vessel certificates
“(a) Certificates.—Provided a vessel is in compliance with inspection requirements in section 3313, the Secretary of the Department in which in the Coast Guard is operating may, if he makes the determination described in subsection (b), extend for a period of not more than one year an expiring–—
“(2) certificate of financial responsibility required for a vessel by section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2716(a)) or Section 108 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9608).
(a) In general.—Subtitle E of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 411 et seq.) is amended by adding at the end the following:
“SEC. 846. Rotational cybersecurity research program.
“To enhance the Department’s cybersecurity capacity, the Secretary may establish a rotational research, development, and training program for—
“(1) detail to the Cybersecurity and Infrastructure Security Agency (including the national cybersecurity and communications integration center authorized by section 2209) of Coast Guard Academy graduates and faculty; and
Notwithstanding section 9701 of title 31, United States Code, and section 2110 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may not charge an inspection fee for towing vessels required to have a Certificate of Inspection under subchapter M of title 46, Code of Federal Regulations, until—
(1) the completion of the review required under section 815 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282); and
(a) In general.—Section 1012(b) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(b)) is amended—
(2) by adding at the end the following:
“(2) SUBROGATED RIGHTS.—Except for a guarantor claim pursuant to a defense under section 1016(f)(1), Fund compensation of any claim by an insurer or other indemnifier of a responsible party or injured third party is subject to the subrogated rights of that responsible party or injured third party to such compensation.”.
(a) In general.—Section 1013 of the Oil Pollution Act of 1990 (33 U.S.C. 2713) is amended by striking subsection (f).
(b) Conforming amendments.—Section 1012(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)) is amended—
Section 1004(d)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)(2)) is amended to read as follows:
“(2) DEEPWATER PORTS AND ASSOCIATED VESSELS.—
“(A) IN GENERAL.—If the Secretary determines that the design and operation of a deepwater port results in a lower risk of oil pollution than the design and operation of such deepwater ports as existed on the date of the enactment of the Coast Guard Authorization Act of 2019, the Secretary may initiate a rulemaking proceeding to lower the limitation of liability under subsection (a)(4) for such deepwater port and each other deepwater port which achieves such lower risk level through such port’s design and operation.
“(B) RISK DETERMINATION.—In determining the risk of oil pollution, the Secretary shall take into account, as applicable—
(a) Report.—Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on drug interdiction in the Caribbean basin.
(b) Content.—Such report shall include—
(1) a statement of the Coast Guard mission requirements for drug interdiction in the Caribbean basin;
Section 305(i)(1)(G)(iv) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)(1)(G)(iv)) is amended to read as follows:
(a) In general.—Subtitle II of title 46, United States Code, is amended by striking chapter 45 and inserting the following:
“Sec.
“4501. Application.
“4502. Definitions.
“4503. Safety standards.
“4504. Vessel construction.
“4505. Operating stability.
“4506. Training.
“4507. Vessel certification.
“4508. Alternate safety compliance program.
“4509. Substitute safety compliance program.
“4510. Enhanced substitute safety compliance program.
“4511. Prohibited acts.
“4512. Termination of unsafe operations.
“4513. Penalties.
“4514. Compliance; Secretary actions.
“4515. Exemptions.
“4516. Regulations; considerations and limitations.
“4517. Fishing safety grants.
“In this chapter:
“(1) The term ‘accountable vessel’ means a vessel to which this chapter applies that—
“(2) The term ‘auxiliary craft’ means a vessel that is carried onboard a fishing vessel and is normally used to support fishing operations.
“(3) (A) The term ‘built’ means, with respect to a vessel, that the vessel’s construction has reached any of the following stages:
“(4) The term ‘subject vessel’ means a vessel to which this chapter applies that—
“(a) In general.—The Secretary shall prescribe regulations that require that each vessel to which this chapter applies shall be equipped with—
“(1) readily accessible fire extinguishers capable of promptly and effectively extinguishing a flammable or combustible liquid fuel fire;
“(2) at least one readily accessible life preserver or other lifesaving device for each individual on board;
“(3) an efficient flame arrestor, backfire trap, or other similar device on the carburetors of each inboard engine that uses gasoline as fuel;
“(4) the means to properly and efficiently ventilate enclosed spaces, including engine and fuel tank compartments, so as to remove explosive or flammable gases;
“(b) Subject vessels.—In addition to the requirements of subsection (a), the Secretary shall prescribe regulations requiring that subject vessels install, maintain, and use the following equipment:
“(2) (A) Subject to subparagraph (B), a survival craft that—
“(3) At least one readily accessible immersion suit for each individual on board the vessel when operating on the waters described in section 3102.
“(4) Marine radio communications equipment sufficient to effectively communicate with a land-based search and rescue facility.
“(c) Accountable vessels.—In addition to the requirements described in subsections (a) and (b), the Secretary may prescribe regulations establishing minimum safety standards for accountable vessels, including standards relating to—
“(2) lifesaving equipment, immersion suits, signaling devices, bilge pumps, bilge alarms, life rails, and grab rails;
“A vessel to which this chapter applies shall be constructed in a manner that provides a level of safety equivalent to the minimum safety standards the Secretary may establish for recreational vessels under section 4302, if the vessel is—
“(a) In general.—The individual in charge of a subject vessel must pass a training program approved by the Secretary that meets the requirements of subsection (b) and hold a valid certificate issued under that program.
“(b) Training program requirements.—The training program shall—
“(1) be based on professional knowledge and skill obtained through sea service and hands-on training, including training in seamanship, stability, collision prevention, navigation, firefighting and prevention, damage control, personal survival, emergency medical care, emergency drills, and weather;
“(c) Regulations.—The Secretary shall prescribe regulations implementing this section. The regulations shall require that an individual who is issued a certificate under subsection (b)(4) must complete refresher training at least once every 5 years as a condition of maintaining the validity of the certificate.
“(a) In general.—A vessel to which this section applies may not be operated unless the vessel—
“(b) Application.—
“(1) Except as provided in section 4509, this section applies to a fish processing vessel to which this chapter applies that—
“(a) In general.—
“(b) Vessels required To comply.—Beginning on the date that is 3 years after the date the Secretary prescribes an alternate safety compliance program, the following vessels shall comply with such program:
“(c) Exempt vessels.—
“(1) Notwithstanding subsection (b), vessels owned by a person that owns more than 30 vessels subject to that subsection are not required to comply with alternate safety compliance program requirements until January 1, 2030, if that owner—
“(a) In general.—The Secretary shall establish a substitute safety compliance program for substitute-eligible vessels that includes the following requirements:
“(1) A substitute-eligible vessel shall be designed by an individual licensed by a State as a naval architect or marine engineer, and the design shall incorporate standards equivalent to those prescribed by a classification society to which the Secretary has delegated authority under section 3316 or another qualified organization approved by the Secretary for purposes of this paragraph.
“(2) Construction of a substitute-eligible vessel shall be overseen and certified as being in accordance with its design by a marine surveyor of an organization accepted by the Secretary.
“(3) A substitute-eligible vessel shall—
“(4) A substitute-eligible vessel shall not be substantially altered without the review and approval of an individual licensed by a State as a naval architect or marine engineer before the beginning of such substantial alteration.
“(5) A substitute-eligible vessel shall undergo a condition survey at least twice in 5 years, with not more than 3 years between surveys, to the satisfaction of a marine surveyor of an organization accepted by the Secretary.
“(6) A substitute-eligible vessel shall undergo an out-of-water survey at least once every 5 years to the satisfaction of a certified marine surveyor of an organization accepted by the Secretary.
“(b) Compliance.—Section 4507 of this title shall not apply to a substitute-eligible vessel that complies with the requirements of the program established under this section.
“(c) Report.—Not later than February 8, 2026, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that provides an analysis of the adequacy of the substitute safety compliance program requirements established under subsection (a) in maintaining the safety of substitute-eligible fishing vessels and fish tender vessels and that comply with such requirements.
“(a) In general.—If the report required under section 4509(c) includes a determination that the substitute safety compliance program established under section 4509(a) is not adequate or that additional safety measures are necessary, then the Secretary may establish an enhanced substitute safety compliance program for fishing vessels or fish tender vessels (or both) that are substitute-eligible vessels and that comply with the requirements of section 4509.
“A person may not operate a vessel in violation of this chapter or a regulation prescribed under this chapter.
“An official authorized to enforce this chapter—
“(1) may direct the individual in charge of a vessel to which this chapter applies to immediately take reasonable steps necessary for the safety of individuals on board the vessel if the official observes the vessel being operated in an unsafe condition that the official believes creates an especially hazardous condition, including ordering the individual in charge to return the vessel to a mooring and to remain there until the situation creating the hazard is corrected or ended; and
“(2) may order the individual in charge of an uninspected fish processing vessel that does not have on board the certificate required under section 4507 to return the vessel to a mooring and to remain there until the vessel is in compliance with such section, unless the vessel is required to comply with section 4508.
“(a) Civil penalty.—The owner, charterer, managing operator, agent, master, and individual in charge of a vessel to which this chapter applies that is operated in violation of this chapter or a regulation prescribed under this chapter may each be assessed a civil penalty by the Secretary of not more than $10,260. Any vessel with respect to which a penalty is assessed under this subsection is liable in rem for the penalty.
“To ensure compliance with the requirements of this chapter, the Secretary—
“(1) shall require the individual in charge of a subject vessel to keep a record of equipment maintenance and required instruction and drills;
“The Secretary may exempt a vessel from any part of this chapter if, under regulations prescribed by the Secretary (including regulations on special operating conditions), the Secretary finds that—
“In prescribing a regulation under this chapter, the Secretary—
“(a) Safety training grants.—
“(1) ESTABLISHMENT.—The Secretary of Health and Human Services shall establish a Fishing Safety Training Grant Program to provide funding to municipalities, port authorities, other appropriate public entities, not-for-profit organizations, and other qualified persons that provide commercial fishing safety training.
“(2) USE OF FUNDS.—Entities receiving funds under this section may use such funds—
“(3) AWARD CRITERIA.—The Secretary of Health and Human Services, in consultation with and based on criteria established by the Commandant of the Coast Guard, shall award grants under this subsection on a competitive basis.
“(b) Research grant program.—
“(1) ESTABLISHMENT.—The Secretary of Health and Human Services shall establish a Fishing Safety Research Grant Program to provide funding to individuals in academia, not-for-profit organizations, businesses involved in fishing and maritime matters, and other persons with expertise in fishing safety, to conduct research on methods of improving the safety of the commercial fishing industry, including vessel design, emergency and survival equipment, enhancement of vessel monitoring systems, communications devices, de-icing technology, and severe weather detection.
“(2) AWARD CRITERIA.—The Secretary of Health and Human Services, in consultation with and based on criteria established by the Commandant of the Coast Guard, shall award grants under this subsection on a competitive basis.
(b) Conforming amendment.—Section 3104(d) of title 46, United States Code, is amended by striking “under section 4503(d)” and inserting “under section 4502(3)”.
(c) Safety standards.—Not later than 90 days after the date of the enactment of this Act, and without regard to the provisions of chapters 5 and 6 of title 5, United States Code, the Secretary of the department in which the Coast Guard is operating shall promulgate the regulations required by section 4503(b) of title 46, United States Code, as amended by this section.
(a) Transfers of provisions.—
(1) IN GENERAL.—
(A) Section 215 of the Coast Guard and Maritime Transportation Act of 2004 (Public Law 108–293; 14 U.S.C. 504 note) is redesignated as section 321 of title 14, United States Code, transferred to appear after section 320 of that title, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code.
(B) Section 406 of the Maritime Transportation Security Act of 2002 (Public Law (107–295; 14 U.S.C. 501 note) is redesignated as section 719 of title 14, United States Code, transferred to appear after section 718 of that title, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code.
(C) Section 1110 of title 14, United States Code, is redesignated as section 5110 of that title, and transferred to appear after section 5109 of that title.
(D) ELEVATION OF DISPUTES TO THE CHIEF ACQUISITION OFFICER.—
(i) Section 401 of the Coast Guard Authorization Act of 2010 (Public Law 111–281) is amended by striking subsection (e).
(ii) Subchapter I of chapter 11 of title 14, United States Code, as amended by this Act, is amended by adding at the end the following:
Ҥ 1110. Elevation of Disputes to the Chief Acquisition Officer
“If, after 90 days following the elevation to the Chief Acquisition Officer of any design or other dispute regarding level 1 or level 2 acquisition, the dispute remains unresolved, the Commandant shall provide to the appropriate congressional committees a detailed description of the issue and the rationale underlying the decision taken by the Chief Acquisition Officer to resolve the issue.”.
(E) Section 217 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 14 U.S.C. 504 note)—
(i) is redesignated as section 5111 of title 14, United States Code, transferred to appear after section 5110 of that title, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 14, United States Code; and
(ii) is amended—
(II) in subsection (b), by adding at the end the following:
“(5) (A) The number of instances in which a covered individual was accused of misconduct or crimes considered collateral to the investigation of a sexual assault committed against the individual.
“(B) The number of instances in which adverse action was taken against a covered individual who was accused of collateral misconduct or crimes as described in subparagraph (A).
(F) Section 305 of title 46, United States Code, is amended—
(ii) by inserting after section (a) the following:
“(b) Transparency.—
“(1) IN GENERAL.—In conjunction with the transmittal by the President to the Congress of the Budget of the United States for fiscal year 2021 and biennially there-after, the Federal Maritime Commission 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 reports that describe the Commission’s progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding if subject to a statutory or regulatory deadline.
(G) Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 U.S.C. 471) is amended—
(2) CLERICAL AMENDMENTS.—
(A) The analysis for chapter 3 of title 14, United States Code, as amended by this Act, is further amended by adding at the end the following:
“321. Redistricting notification requirement.”.
(B) The analysis for chapter 7 of title 14, United States Code, as amended by this Act, is further amended by adding at the end the following:
“719. VHF communication services.”.
(C) The analysis for chapter 11 of title 14, United States Code, is amended by striking the item relating to section 1110 and inserting the following:
“1110. Elevation of disputes to the Chief Acquisition Officer.”.
(D) The analysis for chapter 51 of title 14, United States Code, is amended by adding at the end the following:
“5110. Mission need statement.
“5111. Sexual assault and sexual harassment in the Coast Guard.”.
(E) The analysis for chapter 700 of title 46, United States Code, as amended by section 312(b), is further amended by inserting after the item relating to section 70006 the following:
“70007. Establishment by the Secretary of Homeland Security of anchorage grounds and regulations
generally.”.
(b) Transfers.—
(1) SECTION 204 OF THE MARINE TRANSPORTATION SECURITY ACT.—
(A) The Maritime Transportation Security Act of 2002 is amended by striking section 204 (33 U.S.C. 1902a).
(B) Section 3 of the Act to Prevent Pollution from Ships (33 U.S.C. 1902)—
(i) is amended by redesignating subsections (e) through (i) as subsections (f) through (j) respectively; and
(ii) by inserting after subsection (d) the following:
“(e) Discharge of agricultural cargo residue.—Notwithstanding any other provision of law, the discharge from a vessel of any agricultural cargo residue material in the form of hold washings shall be governed exclusively by the provisions of the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) that implement Annex V to the International Convention for the Prevention of Pollution from Ships.”.
(2) LNG TANKERS.—
(A) The Coast Guard and Maritime Transportation Act of 2006 is amended by striking section 304 (Public Law 109–241; 120 Stat. 527).
(B) Section 5 of the Deepwater Port Act of 1974 (33 U.S.C. 1504) is amended by adding at the end the following:
“(j) LNG Tankers.—
“(1) PROGRAM.—The Secretary of Transportation shall develop and implement a program to promote the transportation of liquefied natural gas to the United States on United States flag vessels.
“(2) INFORMATION TO BE PROVIDED.—When the Coast Guard is operating as a contributing agency in the Federal Energy Regulatory Commission’s shoreside licensing process for a liquefied natural gas or liquefied petroleum gas terminal located on shore or within State seaward boundaries, the Coast Guard shall provide to the Commission the information described in section 5(c)(2)(K) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)(K)) with respect to vessels reasonably anticipated to be servicing that port.”.
(a) License exemptions; repeal of obsolete provisions.—
(b) Repeal.—Section 343 of the Maritime Transportation Security Act of 2002 (Public Law 107–295; 116 Stat. 2106) is repealed.
(c) Accident and incident notification.—Subsection (c) of section 9 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (Public Law 112–90; 125 Stat 1912)) is repealed and is deemed not to have been enacted.
(a) Technical correction of references to “persons”.—Title 14, United States Code, is amended as follows:
(11) In section 1902(b)(3)—
(b) Correction of references to persons and seamen.—
(1) Section 2303a(a) of title 46, United States Code, is amended by striking “persons” and inserting “individuals”.
(2) Section 2306(a)(3) of title 46, United States Code, is amended to read as follows:
“(3) An owner, charterer, managing operator, or agent of a vessel of the United States notifying the Coast Guard under paragraph (1) or (2) shall—
(3) Section 7303 of title 46, United States Code, is amended by striking “seaman” each place it appears and inserting “individual”.
(4) Section 7319 of title 46, United States Code, is amended by striking “seaman” each place it appears and inserting “individual”.
(5) Section 7501(b) of title 46, United States Code, is amended by striking “seaman” and inserting “holder”.
(6) Section 7508(b) of title 46, United States Code, is amended by striking “individual seamen or a specifically identified group of seamen” and inserting “an individual or a specifically identified group of individuals”.
(8) Section 8103 of title 46, United States Code, is amended—
(9) Section 8104 of title 46, United States Code, is amended—
(10) Section 8302(d) of title 46, United States Code, is amended by striking “3 persons” and inserting “3 individuals”.
(11) Section 11201 of title 46, United States Code, is amended by striking “a person” each place it appears and inserting “an individual”.
(a) Amendments To conform to common appropriations structure.—
(1) PROSPECTIVE PAYMENT OF FUNDS NECESSARY TO PROVIDE MEDICAL CARE.—Section 506 of title 14, United States Code, is amended—
(A) in subsection (a)(1), by inserting “established under chapter 56 of title 10” after “Medicare-Eligible Retiree Health Care Fund”; and
(2) USE OF CERTAIN APPROPRIATED FUNDS.—Section 903 of title 14, United States Code, is amended—
(3) CONFIDENTIAL INVESTIGATIVE EXPENSES.—Section 944 of title 14, United States Code, is amended by striking “necessary expenses for the operation” and inserting “operations and support”.
(4) PROCUREMENT OF PERSONNEL.—Section 2701 of title 14, United States Code, is amended by striking “operating expense” and inserting “operations and support”.
(5) COAST GUARD HOUSING FUND.—Section 2946(b)(2) of title 14, United States Code, is amended by striking “acquisition” and inserting “procurement”.
(b) Common appropriation structure.—Sections 3317(b), 7504, and 80505(b)(3) of title 46, United States Code, are each amended by striking “operating expenses” and inserting “operations and support”.
(c) Common appropriation structure.—
(1) OIL SPILL LIABILITY TRUST FUND.—Section 1012(a)(5)(A) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)(A)) is amended by striking “operating expenses” and inserting “operations and support”.
(2) HISTORIC LIGHT STATION SALES.—Section 305106 of title 54, United States Code, is amended—
(3) BRIDGE PERMITS.—Section 712(a)(2) of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213; 126 Stat. 1582) is amended by striking “operating expenses” and inserting “operations and support”.
(4) CONTRACTS.—Section 557(a) of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113–6; 127 Stat. 377) is amended by striking “Acquisition” and inserting “Procurement”.
(5) CHILD DEVELOPMENT SERVICES.—Section 214(d)(1) of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 (Public Law 113–281; 128 Stat. 3034) is amended by striking “operating expenses” and inserting “operations and support”.
(b) Section 2108(b) of title 14, United States Code, is amended by striking “himself” and inserting “such officer”.
(d) Section 2736 of title 14, United States Code, as amended by this Act, is further amended by striking “distinguishes himself by” and inserting “performs”.
(e) Section 2738 of title 14, United States Code, as amended by this Act is further amended by striking “distinguishes himself by” and inserting “displays”.
(f) Section 2739 of title 14, United States Code, as amended by this Act, is further amended by striking “distinguishes himself by” and inserting “displays”.
(a) Correction of references to motorboats and yachts.—
(1) Section 3901(d)(4) of title 14, United States Code, is amended by striking “motor boats, yachts,” and inserting “vessels,”.
(2) Section 3903(1)(A) of title 14, United States Code, is amended by striking “motorboats, yachts” and inserting “vessels,”.
(4) Section 3908 of title 14, United States Code, is amended by striking “motorboat or yacht” and inserting “vessel”.
(5) Section 3911(a) of title 14, United States Code, is amended by striking “motorboat, yacht,” each place it appears and inserting “vessel,”.
(6) Section 3912 of title 14, United States Code, is amended by striking “motorboat, yacht,” and inserting “vessel,”.
(b) Conforming references to yachts.—Title 46, United States Code, is amended—
(1) in parts F and G of subtitle II, by striking “yacht” each place it appears and inserting “recreational vessel”;
(c) Vessels.—Section 352(a)(4) of the Communications Act of 1934 (47 U.S.C. 352(a)(4)) is amended by striking “Yachts” and inserting “Recreational vessels, as defined in section 2101(46) of title 46, United States Code,”.
(a) Miscellaneous technical corrections.—
(1) Section 3305(d)(3)(B) of title 46, United States Code, is amended by striking “Coast Guard Authorization Act of 2017” and inserting “Frank LoBiondo Coast Guard Authorization Act of 2018”.
(2) Section 4312 of title 46, United States Code, is amended by striking “Coast Guard Authorization Act of 2017” each place it appears and inserting “Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282)”.
(3) The analysis for chapter 700 of title 46, United States Code, is amended—
(A) by striking the item relating to the heading for the first subchapter and inserting the following:
“SUBCHAPTER I—VESSEL OPERATIONS”.
(B) by striking the item relating to the heading for the second subchapter and inserting the following:
“SUBCHAPTER II—PORTS AND WATERWAYS SAFETY”.
(C) by striking the items relating to the heading for the third subchapter and inserting the following:
“SUBCHAPTER III—CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES
“70021. Conditions for Entry Into Ports in the United States.”;
(D) by striking the item relating to the heading for the fourth subchapter and inserting the following:
“SUBCHAPTER IV—DEFINITIONS REGULATIONS, ENFORCEMENT, INVESTIGATORY POWERS, APPLICABILITY”.
(E) by striking the item relating to the heading for the fifth subchapter and inserting the following:
“SUBCHAPTER V—REGATTAS AND MARINE PARADES”.
and
(4) Section 70031 of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”.
(5) Section 70032 of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”.
(6) Section 70033 of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”.
(7) Section 70034 of title 46, United States Code, is amended by striking “A through C” each place it appears and inserting “I through III”.
(b) Alteration of bridges; technical changes.—The Act of June 21, 1940 (33 U.S.C. 511 et seq.), popularly known as the Truman-Hobbs Act, is amended by striking section 12 (33 U.S.C. 522).
(c) Report of determination; technical correction.—Section 105(f)(2) of the Pribilof Islands Transition Act (16 U.S.C. 1161 note; Public Law 106–562) is amended by striking “subsection (a),” and inserting “paragraph (1),”.
(d) Technical corrections to Frank LoBiondo Coast Guard Authorization Act of 2018.—
(1) Section 408 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) and the item relating to such section in section 2 of such Act are repealed, and the provisions of law redesignated, transferred, or otherwise amended by section 408 are amended to read as if such section were not enacted.
(2) Section 514(b) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking “Chapter 30” and inserting “Chapter 3”.
(3) Section 810(d) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking “within 30 days after receiving the notice under subsection (a)(1), the Secretary shall, by not later than 60 days after transmitting such notice,” and inserting “in accordance within subsection (a)(2), the Secretary shall”.
(4) Section 820(a) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking “years 2018 and” and inserting “year”.
(5) Section 820(b)(2) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by inserting “and the Consolidated Appropriations Act, 2018 (Public Law 115–141)” after “(Public Law 115–31)”.
(6) Section 821(a)(2) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is amended by striking “Coast Guard Authorization Act of 2017” and inserting “Frank LoBiondo Coast Guard Authorization Act of 2018”.
(7) This section shall take effect on the date of the enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) and apply as if included therein.
(e) Technical correction.—Section 533(d)(2)(A) of the Coast Guard Authorization Act of 2016 (Public Law 114–120) is amended by striking “Tract 6” and inserting “such Tract”.
(f) Distant water tuna fleet; technical corrections.—Section 421 of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241) is amended—
(1) in subsection (a)—
(B) by adding at the end the following:
“(2) DEFINITION.—In this subsection, the term ‘treaty area’ has the meaning given the term in the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America as in effect on the date of the enactment of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241).”; and
Effective upon the enactment of section 401 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282), and notwithstanding section 402(e) of such Act—
(1) section 16 of the Ports and Waterways Safety Act, as added by section 315 of the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44; 131 Stat. 947)—
(A) is redesignated as section 70022 of title 46, United States Code, transferred to appear after section 70021 of that title, and amended so that the enumerator, section heading, typeface, and typestyle conform to those appearing in other sections in title 46, United States Code; and
(B) as so redesignated and transferred, is amended—
(i) in subsections (b) and (e), by striking “section 4(a)(5)” each place it appears and inserting “section 70001(a)(5)”;
(2) chapter 700 of title 46, United States Code, is amended—
(a) In general.—The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Public Administration not later than 60 days after the date of the enactment of the this Act under which the National Academy of Public Administration shall—
(1) conduct an assessment of the cultural competence of the Coast Guard Academy as an organization and of individuals at the Coast Guard Academy to carry out effectively the primary duties of the United States Coast Guard listed in section 102 of title 14, United States Code, when interacting with individuals of different races, ethnicities, genders, religions, sexual orientations, socioeconomic backgrounds, or from different geographic origins; and
(b) Assessment of cultural competence.—
(1) CULTURAL COMPETENCE OF THE COAST GUARD ACADEMY.—The arrangement described in subsection (a) shall require the National Academy of Public Administration to, not later than 1 year after entering into an arrangement with the Secretary under subsection (a), submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the assessment described under subsection (a)(1).
(2) ASSESSMENT SCOPE.—The assessment described under subsection (a)(1) shall—
(A) describe the level of cultural competence described in subsection (a)(1) based on the National Academy of Public Administration’s assessment of the Coast Guard Academy’s relevant practices, policies, and structures, including an overview of discussions with faculty, staff, students, and relevant Coast Guard Academy affiliated organizations;
(c) Final action memorandum.—Not later than three months after submission of the assessment under section 802(b)(1), the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a final action memorandum in response to all recommendations contained in the assessment. The Final Action Memorandum shall include the rationale for accepting, accepting in part, or rejecting each recommendation, and shall specify, where applicable, actions to be taken to implement such recommendations, including an explanation of how each action enhances the ability of the Coast Guard to carry out the primary duties of the United States Coast Guard listed in section 102 of title 14, United States Code.
(d) Plan.—
(1) IN GENERAL.—Not later than six months after the date of the submission of the final action memorandum required under subsection (c), the Commandant of the Coast Guard, in coordination with the Chief Human Capital Officer of the Department of Homeland Security, shall submit a plan to carry out the recommendations or the parts of the recommendations accepted in the Final Action Memorandum to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(2) STRATEGY WITH MILESTONES.—If any recommendation or parts of recommendations accepted in the Final Action Memorandum address any of the following actions, then the plan required in paragraph (1) shall include a strategy with appropriate milestones to carry out such recommendations or parts of recommendations:
(A) Improve outreach and recruitment of a more diverse Coast Guard Academy cadet candidate pool based on race, ethnicity, gender, religion, sexual orientation, socioeconomic background, and geographic origin.
(B) Modify institutional structures, practices, and policies to foster a more diverse cadet corps body, faculty, and staff workforce based on race, ethnicity, gender, religion, sexual orientation, socioeconomic background, and geographic origin.
(3) IMPLEMENTATION.—Unless otherwise directed by an Act of Congress, the Commandant of the Coast Guard shall begin implementation of the plan developed under this subsection not later than 180 days after the submission of such plan to Congress.
(4) UPDATE.—The Commandant of the Coast Guard shall include in the first annual report required under chapter 51 of title 14, United States Code, as amended by this Act, submitted after the date of enactment of this section, the strategy with milestones required in paragraph (2) and shall report annually thereafter on actions taken and progress made in the implementation of such plan.
(a) In general.—Chapter 51 of title 14, United States Code, is amended by adding at the end the following:
Ҥ 5112. Report on diversity at the Coast Guard Academy
“(a) In general.—Not later than January 15, 2021, and annually thereafter, the Commandant shall submit a report on diversity at the Coast Guard Academy to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
“(b) Contents.—The report required under subsection (a) shall include—
“(1) the status of the implementation of the plan required section 802 of the Coast Guard Academy Improvement Act;
“(2) specific information on outreach and recruitment activities for the preceding year, including the effectiveness of the Coast Guard Academy Minority Outreach Team Program described under section 1905 and of outreach and recruitment activities in the territories and other possessions of the United States;
“(3) enrollment information about the incoming class, including the gender, race, ethnicity, religion, socioeconomic background, and State of residence of Coast Guard Academy cadets;
(b) Clerical amendment.—The analysis for chapter 51 of title 14, United States Code, is amended by adding at the end the following:
“5112. Report on diversity at the Coast Guard Academy.”.
(a) In general.—The Secretary of the department in which the Coast Guard is operating shall seek to enter into an arrangement with the National Academy of Public Administration under which the National Academy of Public Administration shall, not later than 1 year after submitting an assessment under section 802(a), submit an assessment of the Coast Guard Academy admissions process to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(b) Assessment scope.—The assessment required to be sought under subsection (a) shall, at a minimum, include—
(3) an overview of the admissions processes at other Federal service academies, including—
(4) a determination regarding how a congressional nominations requirement for Coast Guard Academy admissions could impact diversity among the student body and the ability of the Coast Guard to carry out effectively the Service’s primary duties described in section 102 of title 14, United States Code; and
(a) In general.—Chapter 19 of title 14, United States Code, is amended by inserting after section 1904 the following:
Ҥ 1905. Coast Guard Academy minority outreach program
“(a) In general.—There is established within the Coast Guard Academy a minority outreach team program (in this section referred to as the ‘Program’ ) under which officers, including minority officers and officers from territories and other possessions of the United States, who are Academy graduates may volunteer their time to recruit minority students and strengthen cadet retention through mentorship of cadets.
“(b) Administration.—Not later than July 15, 2020, the Commandant, in consultation with Program volunteers and Academy alumni that participated in prior programs at the Academy similar to the Program, shall appoint a permanent civilian position at the Academy to administer the Program by, among other things—
“(3) advising Academy leadership on recruitment and retention efforts based on recommendations from volunteers and outside stakeholders;
(b) Clerical amendment.—The analysis for chapter 19 of title 14, United States Code, is amended by inserting after the item relating to section 1904 the following:
“1905. Coast Guard Academy minority outreach team program.”.
(a) In general.—Subchapter I of chapter 21 of title 14, United States Code, is amended by adding at the end the following:
Ҥ 2131. College student pre-commissioning initiative
“(a) In general.—There is authorized within the Coast Guard the College Student Pre-Commissioning Initiative program (in this section referred to as the ‘program’) for eligible undergraduate students to enlist and receive a guaranteed commission as an officer in the Coast Guard.
“(b) Criteria for selection.—To be eligible for the program a student must meet the following requirements upon submitting an application:
“(1) AGE.—A student must be not less than 19 years old and not more than 27 years old as of September 30 of the fiscal year in which the program selection panel selecting such student convenes.
“(2) CHARACTER.—
“(A) ALL APPLICANTS.—All applicants must be of outstanding moral character and meet other character requirements as set forth by the Commandant.
“(B) COAST GUARD APPLICANTS.—An applicant serving in the Coast Guard may not be commissioned if in the 36 months prior to the first Officer Candidate School class convening date in the selection cycle, such applicant was convicted by a court-martial or awarded non-judicial punishment, or did not meet performance or character requirements set forth by the Commandant.
“(6) EDUCATION.—
“(A) INSTITUTION.—A student must be an undergraduate sophomore or junior—
“(i) at a historically Black college or university described in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)) or an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); or
“(ii) who is active in minority-serving organizations and pursuing a degree in science, technology, engineering, or mathematics at an institution of higher education described in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) that is not a historically Black college or university or institution of higher education referred to in clause (i) of this subparagraph.
“(c) Enlistment and obligation.—Individuals selected and accept to participate in the program shall enlist in the Coast Guard in pay grade E–3 with a four year duty obligation and four year inactive Reserve obligation.
“(d) Military activities prior to Officer Candidate School.—Individuals enrolled in the program shall participate in military activities each month, as required by the Commandant, prior to attending Officer Candidate School.
“(e) Participation in Officer Candidate School.—Each graduate of the program shall attend the first enrollment of Officer Candidate School that commences after the date of such graduate’s graduation.
“(f) Commissioning.—Upon graduation from Officer Candidate School, program graduates shall be discharged from enlisted status and commissioned as an O–1 with an initial three-year duty obligation.
“(g) Briefing.—
“(1) IN GENERAL.—Not later than August 15 of each year, the Commandant shall provide a briefing to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the College Student Pre-Commissioning Initiative.
(b) Clerical amendment.—The analysis for subchapter I of chapter 21 of title 14, United States Code, is amended by adding at the end the following:
“2131. College Student Pre-Commissioning Initiative.”.
Union Calendar No. 132 | |||||
| |||||
[Report No. 116–172] | |||||
A BILL | |||||
To authorize appropriations for the Coast Guard, and for other purposes. | |||||
July 23, 2019 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the
Union, and ordered to be printed |